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THE

ACTS AND RESOLA^ES,

PUBLIC AND PRIVATE,

Province of the Massachusehs Bat:

TO "WHICH ARE PREFIXED

THE CHARTERS OF THE PROVINCE.

HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX.

Published under Chapter S7 of the Resolves of the General Court
OP THE Commonwealth for the Year 1S67.

Volume XIY.,

BEING VOLUME IX. OF THE APPENDIX.

CONTAINING

EESOLVKS, ETOm 1.747-1753.

BOSTON :

WRIGHT & POTTER PRINTING CO., STATE PRINTERS,

18 Post Office Square.

1907.

/-2-;ie

<JAN 8 1923
STATE HOUSE, BOSTON

[VVViX-*-^

. ' ^e c^tljlXc

O-Av^ O-V

(-TLA oJIju *

RESOLVES, ORDERS, VOTES,

ETC.

Passed 1747-48,

[11

LEGISLATIVE LIST'

FOR
1747-48.

His Excellency WILLIAM SHIRLEY,

Captain-General and Governor-in-chief, etc.
JOSIAH WILLARD, Esq.,

SECRETARY OF THE PROVINCE.

COUNCILLOES OE ASSISTANTS.

Of the Inliabitants of or Proprietors of
called the Colony of the Massachusets Bay .

John Osborne \

EzEKiEL Lewis
Francis Foxcroft

JOSIAH WiLLARD

Jacob Wendell )Esqrs.

Samuel Welles
Thomas Berry
Joseph Wilder
Benjamin Lynde

Lands within the Territory formerly

Daniel Eussel

Samuel Danforth

William Foye

John Greenleaf

Samuel Watts )Esqrs.

John Quincy

John Chandler

Ezekiel Chever

Joseph Pynchon ^

Of the Inhabitants of or Proprietors of Lands within the Territory formerly

called the Colony of New Plymotith ;

John Gushing ) „ Sylyanus Bourn ) -r,

George Leonard P^^^^' John Otis P^^^^'

Of the Inhal)ita?its of or Proprietors of Lands tvithin the Territory formerly
called the Proviiice of Mayn ;

Sir William Pepperil, Baronet, Jeremiah Moulton & John Hill, Esqrs.

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

John Wheelwright, Esq.

1 See Legislative Records of the Council, xviii., 137-140.
[3]

4: FnovmcE LA^vs (Resolves, etc.). — 1747-48. [Representatives.]

For the Province, at large : —
James Minot & Andkew Olivee, Esqes.

EEPRESENTATIVES OR DEPUTIES.

May 27, 1747 to April 23, 1748.
Mr. THOMAS HUTCHINSON, Speaker.

County of Suffolk.

Boston, . . . James Allen, Esq.,

Thomas Hutchinson, Esq.
Thomas Hubbard, Esq.,
Samuel Adams, Esq.

Roxbury, . . Joseph Heath, Esq.

Dorchester, . . Capt. Thomas Wiswall.

Milton, . . ■ Samuel Swift, Esq.

Brantry, . . John Quiney, Esq.

Weymouth, . . Adam Cushing, Esq.

Eingham, . . Benjamin Lincoln, Esq.

Dedham, . . Joseph Richards, Esq.

Medfield,^ . . Cajjt. Samuel Morse.

Wrentham,^ . Mr. John Goldsberry.

Stoughton,^ . . John Shepherd, Esq.

Brookline,^ . . Edward White, Esq.

Medway,^ . . Mr. John Barber.

Chelsea,^ . . Mr. Thomas Pratt.

County of Essex.
Salem, . . . Mr. Thomas Lee,

Capt. John Gardner.
Ipswich, . . John Choat, Esq.
Netvbury, . . Joseph Gerisli, Esq.
Lyn, .... William Collins, Esq.
Marblehead, . Mr. John Trasker.
Andover, . . Capt. Nathaniel Frye.
Beverly, . . Robert Hale, Esq.
Rotvley, . . . John Hobson, Esq.
Salisbury, . . Mr. Stephen Morrel.
Haverhill, . . Capt. Nathaniel Peaslee.
Olocester, . . Mr. William Parsons.
Amesbury , . . Thomas Rowell, Esq.
Boxford, . . Mr. Jonathan Foster.
Topsjield, . . Mr. Jacob Peobody.
Bradford, . . Mr. William Hardy.
Weuharn, . . Mr. Jonathan Porter.
Middleton, . . Mr. Timothy Fuller.

County of Middlesex.
Cambridge, . John Vassal, Esq.,

Charlestoivn,

Watertoivn,
Concord,
Woburn,
Reading,
Newton,
Sudbury, .
Oroton, .
Malboro\ .
Belerica,
Framingham,
Lexingi07i, .
Celmsford,^
Maiden, .
Weston, .
Medford, .
Lettleton, .
Hopikinston,
Sherburne,
Stow,
Waltham, .

Andrew Boardman, Esq.

Isaac Royal, Esq.,

Mr. James Russel.

Mr. Jonas Bond.

Capt. Ephraini Jones.

Mr. Josiah Peirce.

Capt. Thomas Eaton.

Capt. Thomas Greenwood.

Ephraim Curtis, Esq.

William Lawrence, Esq.

Mr. Samuel Witt.

Capt. Thomas Kidder.

Joseph Buckminster, Esq.
, William Read, Esq.

Capt. Samuel Chamberlain.
. Josei^h Bucknam, Esq.
, Josiah Brewer, Esq.
, Mr. Andrew Hall.
, Mr. Caleb Taylor.
, John Jones, Esq.
. Mr. William Greenwood.
. Mr. Phineas Rice.

Capt. Samuel Livimore.

County of Hampshire.

Springfeild, . Mr. John Worthington.
Northampton, . John Stoddard, Esq.
Hadley, . . . Eleazer Porter, Esq.
Hatfeild, . . Oliver Partridge, Esq.
Westfeild, . . Thomas Ingorsal, Esq.
Suffeild, . . Capt. Phineas Lyman.
Eiifeild, . . Mr. Thomas Jones.
Deerfeild, . . Mr. Daniel Feild.

County of Worcestor.

Worcester, . . Benjamin Flagg, Esq.

Lancaster,

' Inserted from House Journal, p.
» Sic, for Chelmsford.

Capt. Joseph Wilder, Jr.

[Representatives.] Province Laws {Resolves, etc.). — 1747-48.

• County of
Mendon,
Woodstock, .
Brookfeild,
Leicester, .
Lunenbiirgh,
Westbofo''s, .
Shrewsburi/,
Sutto7i, .
Harvard, .
Oxford, .
Bolton, .

WoRCESTOK — Concluded.

. Mr. Robert Tafts.

. Mr. Jabez Lyon.

. Josiah Converse.

. Capt. Daniel Denny.

. Capt. Benjamin Goodridge.

. Mr. Francis Whipple.

. Mr. Isaac Temple.

. Mr. Benjamin Woodbury.

. Mr. Daniel Peirce.

. Mr. Samuel Davis.

. Ml'. John Whitney.

County of Plymouth.

Plymouth, . . Mr. Thomas Foster.

Scituate,
Duxbury, .
Marshfeild,
Bridgwater,
Middleboro\
Pembroke, .
Rochestor, ,
Plymx>ton, .

Mr. Caleb Torrey.

Capt. Gamaliel Bradford.

John Little, Esq.

Capt. Josiah Edson, Jr.

Mr. Samuel Bennet.
. Isaac Little, Esq.
. Mr. Samuel Wing.
. Mr. William Churchill.

County of Barnstable.
Barnstable, . James Otis, Esq.

Sandwich,
Yarmouth,
Eastham,

Samuel Tupper, Esq.
Mr. John Miller.
Samuel Knowles, Esq.

County of Barnstable — Concluded.
Harwich, . . Joseph Freeman, Esq.
Falmouth, . . Capt. Rowland Robinston.

County of Bristol.

Taunton, . . . James Williams, Esq.

Rehoboth, . . Mr. Daniel Barney.

Dartmouth, . . Capt. Nathaniel Sale.

Norton, . . . Ephraim Leonard, Esq.

Attleboro\ . . Capt. Samuel Tyler.

Dighton, . . . Sylvestor Richmond, Esq.

Freetown, . . JVIr. John Winslow.

Swanzey,

Mr. Ezekiel Brown.

County of York.
York, .... Capt. Thomas Bragdon.
Kittery, . . . Simon Frost, Esq.
Wells, . . . Joseph Sawyer, Esq.
Falmouth, . . Mr. Jabez Fox.
North Yarmouth, Jeremiah Powell, Esq.
Biddeford, . . Capt. Daniel Smith.
Brunsivick, . . Mr. Samuel Ilinkly.
Georgetown, . . Samuel Denny, Esq.
Berwick, . . . Ilumphr}' Chadburn, Esq.
Scarboro\ . . Mr. Eliot Vaughn.

In the County of Nantucket.
Sherburne, . . Mr. Abijah Folger.

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Twenty-seventh Day of May, A.D. 1747.

CHAPTER 1.

VOTE FOR ENCOURAGIXG THE INDIANS OF THE SIX NATIONS TO
ATTACK THE ENEMY.

Whereas the Vote of this Court of the fourth of February last ^f'^^f^^ftj,
giving a Bounty upon Prisoners & Scalps taken & brought in by coum-ii', xvui.,

any Indians in Friendship with this Governm* stands limitted to —

such Indians as shall go out by Order of the Governm' & the ^aTpp'n"i-2
Bounty of Five pounds given in order to fit out any such Indians Province '
is limitted to those who go out from the Borders of this Province chap. 274. "' '
by means whereof the said Vote has been ineffectual for the good
Ends designed.

Therefore

Ordered that the said Vote be & hereby is superseded & sett aside,
& that for a present Encouragement to said Indians, a Sum not ex-
ceeding One thousand Pounds be & hereby is granted to be paid out
of the publick Treasury into the Hands of John Stoddard Esq. who
is desired to give Directions by himself immediately or by some proper
Agents for the disposal of the same in fitting out & rewarding from
time to time any Indian or Party of Indians in friendship with this
Government, who shall go out against the Enemy or shall make any
Spoils upon them, the Reward to be in proportion to the Service, &
according to the best Discretion of said John Stoddard Esq. he to
render an Account of his Proceedings herein.

And it is further

Ordered that the Cloathing & Amunition already supplied Coll.
Stoddard for the Purposes of the aforementioned Vote, be disposed
of by him according to his Discretion in like manner with One thou-
sand Pounds granted by this Vote, also

Voted that his Excellency the Governour be desired to write in
the Name of this Government to the several Governments of New
York. New Hampshire, Connecticut Rhode Island, New Jersey,
Pensylvania. & Mary land, desiring them to join in encourageing
& promoting the favourable Disposition which now appears in the
Indians of the Six Nations against the French & Indian Enemy.
[Passed May 30.

Province Laws {Besolves, etc.). — 1747-48. [Chaps. 2-5.]

CHAPTEK 2.

ORDER ALLOWING £6 TO NATH'- HICKES.

Legislative
Records of the
Council, xviii.,
145.

House Jour-
nal, p. 115

(August, 1746) ;
p. 12. Province
Laws, xiii., 465,
chap. 1.

A Petition of Nath' Hickes a Soldier in the late Expidition ag^''
Cape Breton, Praying for some Consideration from this Court for
the Wounds he received in the said Service, whereby he has been put
to great Expence for Surgeons & Nursing »& disabled from Labour.

Read &

Ordered that the Committee of War allow the Petitioner the Sum
of Six Pounds in full consideration of his Sickness & Sufferings
herein mentioned. \^Passed May 30.

CHAPTER 3.

ORDER ALLOWING £145. 16. 2 FOR ACC^ OF EXPENCE ON THE PIG-
WACKET INDIANS.

Legislative
Records of the
Council, xviii.,
146.

House Jour-
nal, pp. 16, 18.
Province
Laws, xiii., 597,
chap. 11.

An Accompt presented by Noah Sprague & Benjamin Hammond
of the Expence & Disbursment of the Money allowed them for their
Care & Support of the Pigwacket Indians, Amounting to £145. 16. 2
Old Tenor.

Read &

Ordered that the Accompt be allowed & that the Committee who
have the Care of the Pigwacket Indians be discharged of the Sum,
of One hundred & forty live Pounds, sixteen shillings & two pence
Old tenor accordingly. [^Passed June 2.

CHAPTER 4

ORDER ALLOWING £12. 10 TO JOB STANWOOD.

Legislative
Records of the
Council, xviii.,
147.

House .Jour-
nal, pp. 10, 13.
Province
Laws, xiii., 465,
chap. 1 ; 658,
chap. 189.

A Petition of Job Stanwood, a Soldier in the late Expidition
against Cape Breton Praying for some further Allowance in con-
sideration of his right Arm being shot off by a Cannon Ball whereby
he is become a Criple »& utterly unable to support himself.

Read &

Ordered that the Committee of War be directed to allow the Peti-
tioner, the sum of Twelve pounds ten shillings in order to enable
him to pay for his past Subsistence & for his Support the ensuing
year. \Pa88ed June 2.

CHAPTER 5.

ORDER ALLOWING TO JN"^ LARRABEE FIFTEEN PENCE PER MAN PER
WEEK ADDITIONAL FOR VICTUALLING THE GARRISON AT CASTLE
WILLIAM.

A Petition of John Larrabee, Victualler of the Garrison at

Legislative

Records of the • i? i -n •

Council, xviii., Castlc William, Praying in Consideration of the great Price of

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 9

all Kinds of Provisions to be allowed a proportionable Rate for the House Jour-
Subsistence of that Garrison, Province^' ^~'

Read & ^hTM"'"'^^'

Ordered that an Addition of Fifteen pence per Man to the stated *^ ^^'
Allowance Weekly be paid the Petitioner for victualling the Men at
Castle William, including the Six Months which expired the twen-
tieth of May last, the said Additional Allowance to continue for
Six Months from the said twentieth of May last. \^Passed June 3.

CHAPTER 6.

ORDER ALLOWING THE ACC^ OF THE TREASURER OF BARNSTABLE

COUNTY.

An Accompt was presented by Eben'' Lewis Esq. Treasurer of Rlfords'jfth
the County of Barnstable for the year 1740, Having been laid council, xviii.,

before the Court of General Sessions of the Peace for the said ^1?:

County & by them allowed ; Sul'ppl'iriT.

Read &

Ordered that the Accompt be allowed the Ballance thereof being
Twenty two pounds, five shillings & seven pence (including the
outstanding Debts), the said Treasurer is further accountable to
s*^ County for. [^Passed June 3.

CHAPTER 7.

ORDER ALLOWING THE ACC^ OF THE TREASURER OF WORCESTER

COUNTY.

An Accompt was presented by Daniel Hay ward Treasurer in the Legislative
County of Worcester for the year 1746, Having been laid before the council^ x vm^,
Court of General Sessions of the Peace for said County & by them ^^-

allowed ; House Jour-

Read& nal.pp.13.17.

Ordered that the Accompt be allowed, the Ballance thereof being
Thirty pounds, one shilling & four pence three farthings (exclusive
of the Bond due to the County from [one] ' Moses Morey) the said
Treasurer is further accountable to said County for. \^Passed June 3.

CHAPTER 8.

VOTE APPOINTING A COMMITTEE TO INQUIRE INTO THE ACC^s OF THE
COMMISSARIES IN THE LATE EXPIDITION &c.

Voted that M'' Speaker, M"^ Allen, M' Hubbard, Cpt. Edson & ^If^^jf^^'^fj^g
Coll. Richards, with such as the Honb. Board ^ shall appoint be a couucir, xviii.,

Committee to inquire into the State of the xlccompts of the Com- ^—

missaries in the late Expidition against Cape Breton with full Power Records^ofthe
to oblige such Commissaries or their Representit^^ to make up their Council, xviii.,
Accompts, & pay the Ballances that shall be respectively due. And journal, p"lo.
this Committee are likewise to make Inquiry concerning the Cloath-

' Inserted from Legislative Records of the Council, xvii. (5) , 910.

'^ No record of the appointment of the House committee has been found.

Province Laws {Resolves, etc. ) . — 1747-48. [Chaps. 9, 10.]

ing belonging to the Province, at Louisbonrgh, & any other Effects
which are not part of the Accompts sent home to the Agents, & to
report some proper Method for obtaining such Cloathing & Effects
or the value thereof. [^Passed June 3.

CHAPTEE 9.

Legislative
Records of the
Council, xviii.,
149.

House Jour-
nal, p. 19.

ORDER IMPOWERING THE TOWN OF WORCESTER TO SELL A MINIS-
TERIAL LOT.

A Petition of Benjamin Flagg, Thomas Wheeler, & Tyrus Rice
a Committee for the Town of Worcester, Shewing that the said
Town have voted to invest the Sum of Three hundred Pounds in
Bills of the last Emission in Lands to be purchased for a perpetual
Parsonage, & thereof Praying that they may be impower'd to make
Sale of a Third Division Lot, containing One hundred Acres, called
the Ministerial Land of the Value of £80 or £100, to enable them
to make said Purchase.

Read &

Ordered that the Prayer of the Petition be granted, Provided the
Produce of said Sale be invested in a real Estate for the same Use
that the Hundred Acres were destined to. [Passed June 3.

CHAPTEE 10.

Legislative
Records of tlie
Council, xviii.,
150.

House Jour-
nal, p. 23.
Province
Laws, ii., 151,
chap. 10.

ORDER IMPOWERING ABRAHAM JONES, ADM«, TO SELL LAND.

A Petition of Abraham Jones Adminisf of the Estate of Dear-
ing Jones late of Mendon in the County of Worcester Dec*^ Shew-
ing that the said Dearing Jones died greatly in Debt, & left but
little Personal Estate, that his real Estate consists of an House &
Sixty two Acres of Land & that to sell a part would greatly dam-
age the rest, & therefore Praying that he may be enabled to sell
the whole, the remainder of the Produce after the Debts are dis-
charged to be paid as this Court shall order.

Read &

Ordered that the Prayer of the Petition be granted & that the
Petitioner be & he is hereby impowered to make Sale of the Sixty
two Acres of Land mentioned therein for the most the same will
fetch, & to execute a good Deed or Deeds for the same, first post-
ing up proper Notifications of the Time & Place of Sale, agreable
to the Directions of the Law in such case provided, & giving suffi-
cient Bond to the Judge of Probate for the County of Worcester,
that out of the Money arising by such Sale he will pay the just
Debts of the Deceased, »& deliver & pay the remainder (if any there
be) as the s'^ Judge shall order, Agreable to Law. \^Passed June 5.

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 11

CHAPTER 11.

ORDER ALLOWING £15 TO JOSEPH FREEMAN.

A Petition of Joseph Freeman,' Praying to be allowed a Sum Legislative
out of the publick Treasury, in consideration of Wounds which he councif xvm*'
received in the publick Service at Cape Breton whereby he is dis- iq"^-
abled from Labour, House Jour-

T>.„ 1 lv nal.pp. 16, 24.

Iteaa Oo Province

Ordered that the Committee of War be directed to pay the Peti- cifap%^'"''**^'
tioner within named Fifteen pounds in consideration of his past
SufEerings & for his Subsistence the ensuing year. \_Passed June 6.

CHAPTER 12.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION
OF ABIJAH FOLGEU.

A Petition of Abijah Folger Representit^^ of the Town of Sher- Legislative
burn on Nantucket Island, Shewing that the late General Court has Km^f xlilr
appointed a Committee to rej)air to Nantucket & inquire into the i52. Mass.
Grounds of the Complaint of Paul Quabin & others, Indians of xxxi.^Mi.
Nantucket, against the English Inhabitants, Praying that the Mat- m&ss.
ter may be suspended till the said Town of Sherburne be served xxx^'^lfo
with a Copy of said Complaint & give in their Answer. House Jour-

Read and ^^'^l^^:''''

Ordered that the Pet' serve the Town of Sherburne with a Copy ^J^^j p"^^-
of this Pet" and the Pet" of Paul Quaban within refer'd to. And Laws, xiii., 689,

the further Consideration of said Pet" is refer'd till the first fryday ''^''^■^^^^■
of the next Sitting of this Court, and all Proceedings with respect
to the Committee app^'^'^ to repair to Nantucket are Suspended in
the mean time. [Passed June 6.

CHAPTER 13

ORDER IMPOWERING JABEZ FOX, GUARDIAN AND ADM«, TO SELL AN

ESTATE.

A Petition of Jabez Fox Guardian to Benjamin Wright late of Legislative
Falmouth in the County of York dec^i & Adminisf on his Estate, councu'xvm!',
Shewing that a small real Estate in the ToAvn of Medfield, consist- ^chj^lg*"
ing of sundry Parcels of Land, the whole of the Value of £140 Old xviii.',^!!.
tenor fell to the said Minor by the Death of his Uncle Samuel Sadley Mass.
dec*^ that the said Minors Estate is in Arrear to the Petitioner about xvm.S
Fifty Pounds & nothing but the said Land to pay the said Debt, And ^aT^V^e^'-rJ
therefore Praying that the Petitioner may be enabled to sell the said Province '" '
Land & satisfy himself out of the Produce & account with Judge of chap! lo." ^''^'
Probate for the County of Suffolk for the Remainder.

Read &

Voted that the Prayer of this Petition be Granted and that the
Petitioner be and hereby is Enabled to make sale of the real Estate

' The House Journal, pp. 16, 24, adds, " Jun."

Province LiA^vs (Besolves, etc.). — 1747-48. [Chaps. 14, 15.]

herein mentioned. He observing the Rules and Directions of the Law
in that Case provided. He also giving snfhcient security to the Judge
of Probate in the County of Sutfolk, for the produce of the Said
Sale and that the over plus (if any there be after the Just debts of
the Intestate and Charges of Settleing said Estate are paid) to be

divided to the heirs of
June 6.

the s*^ Intestate pursuant to Law. [Passed

CHAPTER 14.

ORDER ON THE PETITION OF DIVERS INHABITANTS OF GROTON
NOTINGHAM TO BE ANNEXED TO DUNSTABLE.

Legislative
Records of the
Council, xviii.,
154.

Legislative
Records of the
Council, xviii.,
143. House
Journal, pp. 11,
26. Province
Laws, xiii., 689,
chap. 284; 713,
chap. 355.

Joseph Wilder Esq. from the Committee of both Houses, on
the Petition of John Swallow & others Inhabitants of the Northerly
part of Groton, and Notingham gave in their report.^

Read Accepted, &

Ordered that the Petition of John Swallow & others. Inhabitants
of the northerly part of Groton, be so far granted as that the Peti-
tioners with their Estates petitioned for, be sett off from Groton &
annexed to the Town of Dunstable, agreable to Groton Town Vote
of the 18"^ of May last; And that the Petition of the Inhabitants
of Notingham be granted; & that that part of Notingham left to
this Province with the Inhabitants thereon be annexed to said Dun-
stable, & that they thus incorporated do Duty & receive Privilege
as other Towns within this Province do or by Law ought to enjoy,
Provided that within one year a House for the publick Worship of
God be erected & placed two liundred & forty eight rods distant
from M"" John Tyng's South East Corner, to run from said Corner
North fifty two Degrees West, or as near that Place as the Land
will admit of. [Passed June 8.

CHAPTEE 15

ORDER REMITTING TO THE TOWN OF HARVARD £10 FINE FOR NOT
SENDING A REPRESENTATIVE.

Legislative
Records of the
Council, xviii.,
l.io.

House Jour-
nal, p]). 26, 29.
Province
Laws, iii., 284.

A Petition of the Select Men of the Town of Harward, Praying,
in consideration of the great & uncommon Sickness the said Town
was visited with the last year & other impoverishing Circumstances,
that this Court would remit the Fine laid upon them for not send-
ing a representitive.

Read &

Ordered that the Sum of Ten pounds be allowed out of the Prov-
ince Treasury to the Town of Harward, in answer to the Prayer of
the within written Petition. [Passed June 9.

1 This date is according to Mass. Archives, xviii., 239 ; according to Legislative Rec-
ords of the Council the date is June 8.
■•' No report has been found.

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 13

CHAPTER 16.

ORDER PROVIDING FOR THE SUBSISTENCE AND PASSAGE OF DIVERS
PERSONS, TO ANNAPOLIS ROYAL.

A Petition of Mess" Alford & Tyng merch** Shewing that there Legislative
is lately arrived in Boston in a Vessel consigned to them from An- coum:if, xvm.^
tigua, a Widow & three Children of one Gold, who was serviceable 1^

to Admiral Warren in the late Expidition ag^' Cape-Breton, that House Jour-
the said Woman & Children have nothing to support themselves & '^^' ''
are bound to Annapolis; Praying that this Court would give Orders
about them.

Read &

Ordered that the Prayer of the Petition be granted & that M""
Hall, the Eepresentit''' of Medford be directed to take Care of the
Subsistence of the Persons in the Petition mentioned while in the
Town & to procure a Passage for them to Annapolis Royal by the first
Conveyance. [Passed June 9.

CHAPTER 17.

ORDER IMPOWERING THE JUDGE OF PROBATE TO DISTRIBUTE AN
ESTATE AFTER LAPSE OF TIME.

A Petition of Peter Luce, Executor of the last Will of Gyles Legislative
du Lake Tidmarsh, Shewing that the Estate was rendered Insol- coundf.xvm^,

vent in the year 1740, & Commissioners appointed to receive the ^^

Creditors Claims, who by reason of some Mistakes lapsed the Time House Jour-
allowed for giving in their Report ; and therefore Praying that the ° ' P'
said Commissioners may be impowered to give in their report. That
so the Petitioner may finish the Accompt of his Administration.

Read &

Ordered of ^ that the Prayer of the Petition be granted & that
the Commissioners therein named be & hereby are directed forth-
with to exhibit the Accompt of their Proceedings to the Judge of
Probate of the County of Suffolk, who is hereby impower'd to re-
ceive the same & proceed to the Distribution of the Testator's Estate
to & among the Creditors, pursuant to Law, the Omission within
mentioned notwithstanding. [Passed June 9.

CHAPTER 18.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF

JOHN WING.

A Petition of John Wing of Dartmouth, Shewing that Nicholas Legislative
Delaverger, having brought two Actions against him, that at the councif xvin*^
last Superiour Court in the County of Bristol, they referr'd their ise.
Controversys to Arbitrators, but they not agreeing upon a report. House Jour-
they ' said Delaverger took out an Execution ag^*^ the Petitioner, & • p* ■
left the Province, and therefore Praying that the Execution may

1 Sic.

PROviiSrcE Laws {Resolves, etc.). — 1747-48. [Chaps. 19, 20.]

be staid till the next Court, that the Petitioner may have opper-
tunity to discharge one Execution with another.

Read &

Ordered that the Petitioner serve the Adverse Party or his Attor-
ney Cpt. Timothy Euggles with a Coppy of this Petition, 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, & Exe-
cution within mentioned is stayed in the mean time, Provided the
Petitioner give sufficient Security to the Sheriffe of the County of
Bristol, to pay the sum that shall be finally recovered with Interest
from this time. \^Passed June 9.

House Jour-
nal, pp. 27,31

CHAPTEK 19.

VOTE ON THE BELLINGHAM PETITION IN REGARD TO ECCLESIASTICAL

AFFAIRS.

Records^of the ^ PETITION of divsrs Inhabitants of the Town of Bellingham,
Council, xviii., Setting forth their great & uncommon difficulties attending their
Mass. ' religious Affairs & especially the Support of the Ministry by reason

Archives, cxv., ^f ^^-,g j^^any Sectaries among them & the small Number & Poverty
of the remainder, Praying for Eelief from this Court.

The Committee to whom was referred the Petition of sundry In-
habitants of Bellingham as within mentioned, are of Opinion, that
it would be proper, that the Pef^ & those whom they represent, be
directed to lay before this Court at their next Sitting, a Schedule
of their several Names, with the Towns or Precincts to which they
desire to be respectively set oif, as to Ecclesiastical Affairs «& that
in the mean Time no Presentment be made or try'd for their not
settling a Minister in said Town
All which is humbly Submitted

By order of the Comm*^^^ Samuel "Welles

the above Report read & Accepted & thereupon
Voted that the Pef' & those whom they represent, lay before this
Court at their next Sitting, a List of their Names & of the Towns
or Precincts whereunto they desire severally to be annex'd as to-
Ecclesiastical affairs, & that in the mean Time no Presentment be
made or try'd for the said Towns not Settling a Minister. \_Pa8sed
June 9.

CHAPTEE 20.

Legislative
Records of the
Council, xviii.,
157.

House Jour-
nal, pp. '29, 30.
Province
Laws, xiii., 465,
chap. 1.

ORDER ALLOWING £2. 10 TO PHINEAS NASH.

A Petition of Phineas Nash a Soldier in the late Expidition
ag^* Cape Breton, Shewing that he accidentally lost one of the
Province Arms, for Avhich he returned one of his own into the
Commissary's Office, Praying that he may be allowed the Value
of it out of the Treasury.

Read &

Ordered that the Committee of War be directed to allow the Peti-
tioner Two jDounds ten shillings in consideration of the Loss of the
Gun within mentioned. [^Passed June 10.

' The House Journal, p. 26, and Legislative Records of the Council, xvii. (5) ,
read, " Thursday."

925,

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 15

CHAPTER 21.

ORDER ALLOWING TO SARAH CRECY THE WAGES DUE TO HER LATE

HUSBAND.

A Petition of Sarah Crecy of Methuen, Widow of Daniel Crecy Legislative
Dec"^ a Soldier in the late Expidition against Cape Breton, Praying c^undf.xvm^,
that she may be allowed Fifty Pounds for Wages due to him in said i^s.

Service. House Jour-

nal, p. 3o.
Kead & Province

Ordered that the Prayer of the Petition be granted & that the ^ifa^f 'i^'"' ''^^'
Committee of War be directed to pay the above named Sarah Crecy
the sum that they shall find due as Wages to her deceased Husband.
\^Passed June 11.

CHAPTER 22.

ORDER ALLOWING £6 TO HENRY BLODGET.

A Petition of Henry Blodget, Praying for an Allowance out of Rgfordg^oniie
the publick Treasury for Wounds he received in the publick Service, Council, xviii.,
whereby he has been put to great Pain & disabled from Labour. ^—

T) 1 f House Jour-

iteaa & nai, pp. -29,33.

Ordered that the Sum of Six pounds be allowed to the above
named Petitioner out of the publick Treasury in consideration of
his Wounds & Sufferings above mentioned. \Pas8ed June 11.

CHAPTER 23.

ORDER REMITTING TO THE TOWN OF PEMBROKE £5 FINE FOR NOT
SENDING A REPRESENTATIVE.

A Petition of the Town of Pembroke, Praying to have the Fine Legislative
laid upon them the last year for not sending a representitive remitted counctf, xvm^,
to them in consideration of the small number of their Inhabitants i^^-

«& their Poverty. House Jour-

T, T 0 nal, pp. 31, 33.

Kead. CC Province

Ordered ihoX the sum of Five pounds be allowed the Town of note^'"^'"^*^'
Pembroke out of the publick Treasury, in consideration of the
Fine imposed upon them the last year as abovementioned. \^Passed
June 11.

CHAPTER 24.

ORDER ALLOWING THE WAGES DUE TO NESO TOWNEY, INDIAN.

A Petition of Oliver Partridge Esq"" Shewing that an Indian Legislative
Man named Neso Tawney of the Mohegan Tribe, Avho lived at c^undf, xlin^,

Hadley, is now dead & his Wife also, that there is due to him for ^^

his Service at Cape Breton £G. 17. 8 Praying that it maybe put House Jour-
into some proper hand for the use of his Children. Province

Read & c'ifapf'L'"-'*'''

Province Laws {Resolves, etc. ) . — 1747-48. [Chaps. 25-27.]

Ordered that the Prayer of the Petition be granted, & the Com-
mittee of War are directed to pay to Eleazar Porter Esq. the sums
that shall be found due as Wages to the above named Neso Tawney
Dec'' to be improved for the benifit of his Children. [ Passed June 11.

CHAPTER 25.

ORDER ALLOWING £15 TO EDWARD MANCHESTER.

Legislative
Records of the
Council, xviii.,
159.

House Jour-
nal, pp. 16,35.
Province
Laws, xiii., 465,
chap. 1; 569,
chap. 282.

A Petition of Edward Manchester a Soldier in the late Expidi-
tion against Cape Breton, Praying for some further consideration
for the Wounds he received by the Blowing up of several Barrels
of Powder, whereby he is still disabled from doing what is neces-
sary for his Support.

Read &

Ordered that the sum of Fifteen pounds be allowed the Petitioner
[by the Committee of War, to enable him] ' to pay for his past Sup-
port & for his Subsistence for the ensuing year. ^Passed June 11.

CHAPTEE 26.

ORDER REFERRING THE PETITION OF THE TOWN OF WRENTHAM.

Legislative
Records of the
Council, xviii.,
97, 159.

House Jour-
nal, p. 269
(March, 1746) ;

?-«^wa^i?i^'?i«^ to the second Wednesday of the Sitting of this Court, after the last
chap. 362. day of September next. yPassed June 12.

On THE Petition of the Town of Wrentham, [^ante., p. 716, chap.
362]

Ordered that the Consideration of this Petition be further refer'd

CHAPTER 27.

Legislative
Records of the
Council, xviii.,
160.

House .Jour-
nal, p. ,S6.
Province
Laws, xiii., 702,
chap. .321; 707,
chap. 334.

VOTE FOR REINFORCING THE TROOPS ON THE EASTERN FRONTIER.

The Number of Men on the Establishm* for the Defence of the
Eastern Frontier being Five hundred, of which it appears that thirty
four, who were to be of the Inhabitants were not enlisted; And it
appearing to the House that Six hundred & fifty seven Men, may
be necessary for the defence of said Frontier in the Summer Season;

Voted that his Excellency the Captain General be desired to give
Orders for the employing, for the further Defence of the said Fron-
tier, thirty four Men who are not of the Inhabitants in lieu of that
number which did not enlist; & One hundred & fifty seven Men in
addition to said Five Hundred Men; The Establishm^ for the whole
Six hundred & fifty seven men to continue unto the fifteenth of Octo-
ber next. Also

Voted that his Excellency the Captain General be desired to give
Orders that fifty of them be added to the Men already placed between
Eoyal's Eiver & the Eiver S' Georges; Fifty five to be added to those

1 Inserted from Legislative Records of the Council, xvii. (5), 931.

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 17

placed between said Eoyal's River & Saco River; & the remaining
Eighty Six to be added to those seventy men already posted between
the Saco River & Berwick inclusive. The whole to be proportioned
with respect to the several Towns in those Districts as the Captain
General shall think fit. \^Passecl June 12,

CHAPTEE 28.

.ORDER ALLOWING £6. 5 TO RACHEL MORGAN.

A Petition of Rachel Morgan of Springfeild Widow, Praying Legislative
to be allowed out of the publick Treasury, the sum of Six pounds councu^, xvm^,
five shillings in Bills of the new tenor, for so much being burnt in ic--^-
her House, when that was consumed the eighth day of March last. House .Jour-

Read& nai,p.4o.

Ordered that the Prayer of the Petition be granted, & the Treas-
urer is hereby impowered to pay the Petitioner or her Order the Sum
of Six pounds five shillings out of the publick Treasury accordingly.
[^Passed June 13.

CHAPTER 29.

ORDER REMITTING TO THE TOWN OF NEEDHAM £15 FINE FOR NOT
SENDING A REPRESENTATIVE, AND VOTE REFERRING THE PETITION
FOR ABATEMENT OF PROVINCE TAX.

A Petition of the Town of Needham, Setting forth the Small- Legislative

■ Rooords of LuG

ness of their numbers by taking off a considerable part of their councii.xviii.,

Inhabitants & adding them to the Town of Natick; And Praying ^3i

that their Fine for not sending a representit^'^ the last year be re- Archives
mitted, & that they may be excused for not sending one this year, cxxiv., 265.
and that their Province Tax may be abated. naTp^ 39 ""^

I^ead& _ LawMU.,28L

Ordered that the Fine imposed upon the Town of Xeedham the
last year for not sending a Representitive be remitted & that the
sum of Fifteen pounds, be allowed out of the Publick Treasury
[to the Town of Needham] ' accordingly ; Also

Voted that the Consideration of an Abatement of their Tax be
refer'd till they lay before this Court a List of their Valuation.
\^Passed * June 13.

CHAPTER 30.

ORDER GRANTING A GUN TO SARAH FURBISH.

A Petition of Sarah Furbish, Shewing that her Husband Phineas Legislative
Furbush was taken in the Service of the Province at Fort Massachu- c^^n^^lf xim^
setts & then lost a borrowed Gun, which he was obliged to pay for, i63.
Praying that another Gun out of the Province Stores may be allowed House Jour-
instead of that Gun. - nai. pp. 29, 43.

1 Inserted from Legislative Records of the Council, xvii. (5), 937.

Province Laws {Resolves, etc. ) . — 1747-48. [Chaps. 31-33.]

Read &

Ordered that the Prayer of the Petition be granted, & that the
Commissary General be directed to deliver out of the Province
Stores a good Firelock to the Petitioner or her Order accordingly.
\^Passed June 16.

CHAPTER 31.

ORDER ON THE PETITION OF LYDIA GERISH, ADM^, IN REGARD TO AN
ADDITIONAL ACCOUNT.

Legislative
Records of the
Council, xviii.,
164.

House Jour-
nal, pp. 32, 43.

A Petition of Lydia Gerish Widow & Administr^ of Nathaniel
Gerrish late of Berwick in the County of York, Setting forth the
Difficulties her said Husband had in the Administration on the
Estate of his Father Nathaniel Gerrish of Berwick Esq"" Dec*^ and
that her said Husband had a little before his Death prepared an
additional Accompt of his said Administration, but by reason of the
Suddenness of his Death was prevented of making Oath to it. Pray-
ing the Petitioner may be allowed to exhibit it & the Judge of
Probate to receive & Pass upon the said Accompt.

Eead &

Ordered that the Prayer of the Petition be granted; & that the
Judge of Probate of Wills &c be impowered to receive & examine
the additional Accompt of Nathaniel Gerrish Jun"" herein named, &
to pass his Decree for allowing the same or any part thereof to the
Administr^ of the said Nathaniel Gerrish jun'' if it shall appear just
& reasonable, the sum allowed as aforesaid to be disposed of accord-
ing to the Direction of the Law. \^Passed June 16.

CHAPTEE 32.

Legislative
Records of the
Council, xviii.,
164.

House Jour-
nal, pp. 21, 41.
Province
Laws, xiii., 109,
chap. 230; 121,
chap. 261.

VOTE ALLOWING £1555. 9. 2 FOR THE REPAIRS OF CASTLE WILLIAM.

Voted that the sum of One thousand five hundred & fifty five
pounds nine shillings &, two pence be allowed & paid out of the
Publick Treasury into the Hands of the Committee appointed to
effect the repairs at Castle William in full Discharge of their Ac-
compt. \^Passed June 16.

CHAPTER 33.

Legislative
Records of the
Council, xviii.,
165.

House Jour-
nal, pp. 30, 42.

ORDER ALLOWING £22 TO EBENEZER MARCH AND VOTE ALLOWING
• £16. 18. 6 TO RICHARD CROUCH.

A Petition of Ebenezer Winchester Adminisf of Cpt Ebenezer
Winchester late of Framingham Dec'' Intestate, Shewing that the
said Cpt. Winchester was taken sick in the Publick Service & died
upon the Frontiers, Praying that the Charge of his Sickness may
be born by the Province.

Bead &

Ordered that Twenty two pounds Old Tenor part of the Accompt

[1st Sess,] Province Laws (Resolves, etc.). — 1747-48. 19

exhibited herewith, signed by Ebenezer March, be allowed & paid
out of the publick Treasury in full Satisfaction thereof.

Voted also that the Accompt signed by Eichard Crouch, amount-
ing to the Sum of Sixteen pounds, eighteen shillings & six pence
old Tenor, be allowed & paid in like manner ; The said Sums to be
paid into the Hands of Eleazer Porter Esq'' for the purposes above
mentioned. \^Passed June 17.

CHAPTER 34.

ORDER DIRECTING THE PAYMENT OF THE WAGES OF ROB^ MOFFAT.

Ordered that the Treasurer be directed to pay to "William Moffat Legislative
or his Order the Wages due to his Son Eobert Moffat whilst in the councn^, xviii^,

165.

Service of the Province under Cpt. Josiah Willard, The said Robert

being now in Captivity in Canada. [Passed June 18. naTtf 47'"'^

CHAPTER 35. ^^^^

Council, xvlii.,

VOTE CONTINUING THE SUBSISTENCE OF THE MEN AT N*^ 4.

190.

Legislative
Records of the

Voted that the Subsistence of the Men at Number Four, which ji;*?,^" House'"'
expires the 24*'^ Currant, be continued until the Fifteenth of Octo- Journal, p. 45.
ber next. [Passed June 18. Lawsrxfii.ju,

chap. 357.

CHAPTER 36.

VOTE CONTINUING THE SUBSISTENCE OF THE THIRTY FIVE MEN ON Legislative

THE WESTERN FRONTIER. Records of the

Council, xviii.,
166.

Voted that Pay & Subsistence be allowed to thirty five Men in House Jour,
addition to those Forces already posted on the Western Frontier; prli^'lnce
Said Thirty five Men to be posted West of Connecticut River; Th6 Laws, xiii., 707.
establishm'^ of said Forces upon the Western Frontier to continue '^'^''i'-^*-
till the fifteenth of October next. [Passed June 18.

CHAPTER 37.

ORDER ALLOWING PAY AND SUBSISTENCE TO SOLDIERS AT CONTOCOOK.

A Memorial of Capt John Stevens, Shewing that altho' the Legislative
Establishment of the Pay & Subsistence of the Soldiers at Contoo- councif xviu^
cook ended the 28 of March last, yet the Memorialist not having ine.
received Orders for their Dismission till the latter end of April, he House Jour-
was not able to dismiss them till the tenth of May last. Praying ^'^ • pp- " >
that He may be allowed to make up his Muster Roll of said Men
to that time.

Read &

Ordered that Pay & Subsistence be allowed to the fifteen Soldiers

Province Laws (Hesolves, etc.). — 1747-48. [Chaps. 38, 39.]

herein mention'd from March the twenty eiglith till the tenth of
May following, the Establishm' being expired notwithstanding.
[Passed June 18.

CHAPTEE 38.

ORDER IMPOWERING CPT. W" SYMMS TO MAKE UP HIS MUSTER ROLL
AND DIRECTING THE COMMISSARY GENERAL TO ALLOW THE AC-
COUNT OF PROVISIONS PURCHASED.

Leglsiative
Records of the
Council, xviii.,
167.

House Jour-
nal, pp.44, 47.
Province
Laws, xiii., 662,
chap. 200.

A Petition of Capt. William Symmes, Shewing that he with
Eight men continued as a Garrison at the Fort at Number Four,
from the S'^ of January to the 13"' of Febry last, for which time
there was no Establishm* & that he Purchased a Considirable Quan-
tity of Provisions as Commissary, which were lodged there & have
since been exj)ended in the Service of the Province, Praying that
he & his Men may be allowed Wages & Subsistence to the time
above mentioned, & that he may be paid for the Provisions fur-
nished by him as aforesaid.

[Eead and]

Ordered That the Petitioner be allowed to make up his Muster Eoll
for himself & Company from the third of January to Febry 13"' fol-
lowing, the Establishm* being expired notwithstanding; Also

Ordered that the Commissary General, upon the Petitioners mak-
ing the Oath to the truth of the Facts in the Petition mentioned
with respect to the Provisions, be directed to allow the Petitioner
the sum of One hundred & forty pounds, eighteen shillings & six
pence accordingly.

Also

Ordered that the said Commissary be directed to take effectual
Care that such Provisions be accounted for by those Persons who
expended them. \^Passed June 18.

CHAPTER 39.

Legislative
Records of the
Council, xviii.,
161, 168.

Legislative
Records of the
Council, xviii.,
164. House
Journal, pp.27,
38, 44, .'50.
Province
Laws, xii., 9.3,
chap. 201;
ibid., xiii., 5.55,
chap. 244.

ORDER OF- NOTICE ON THE PETITION OF DIVERS INHABITANTS OF
THE TOWN OF MEDWAY FOR ABATEMENT OF THE PROVINCE TAX.

A Petition of John Barber Eepresentative of the Town of Med-
way. Shewing that in the year 1737,' Six Families were taken off
from Wrentham & set to Medway, and the Tax of the said Town of
Medway was raised thereupon, That afterwards the same Families
were set back to Wrentham,^ but no Abatem* made of the Province
Tax thereupon. Praying that so much of the Province Tax as these
Families paid may be abated to them.

On the Petition of the Town of Medway, Committed the 16"'
Cur* with the Committee's report thereon for referring it to the
next Session.

Kead &

Ordered that this Eeport^ be accepted & that the consideration of
the said Petition be accordingly referr'd to the first Thursday of the
next Sitting of this Court. \^Passed June 19.

1 Set off to Medway April 10, 1733, Province Laws, xii., 93, chap. 201.

» Set back to Wrentham March 12, 1745, Province Laws, xiii., 555, chap. 244.

8 This report has not been found.

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 21

CHAPTER 40.

VOTE FOR THE ESTABLISHM^ OF WAGES FOR THE PROVINCE SLOOP.

Voted that the Establishment for the Sloop in the Service of the Legislative
Province be as follows; viz* For the Sloop Five shillings ^ coSncif, xiiiL

Tun ^ Month ; The Captain Five pounds ^ month ; " i69.

The Mate Four pounds seven shillings & six pence <jd Month Legislative

Ten Sailors at Fifty shillings ^ month each; This Establishm* coX'irxvHL,
to continue until the twentieth of November next. \^Passed June 20. j^um^i^^^'^si '

CHAPTER 41.

VOTE APPOINTING A GUARD FOR PERSONS BUILDING A FORT AT UPPER
ASHUELOT, AND STATIONING SOLDIERS ON THE WESTERN FRONTIERS.

Voted that his Excellency the Captain General be desired forth- Legislative

XWGCOrdS of tD6

with to give Orders that Sixty four Men be taken out of the Soldiers Council, xviii.,

ordered to scout between the Elvers of Connecticut & Merrimack, ^—

& that Sixteen men more be raised; The said Eighty Men to be naTff52°^'^'
employed to guard such of the Inhabitants of the Ashuelets as shall vroViucc
appear to build a Fort at the Upper Ashuelet, under the direction cha"32i?''' "'
of the Captain General; Said Soldiers not to be employed in said
Service unless the number of Twenty men appear to go, of said
Inhabitants or such as they shall procure for said purpose; & such
Inhabitants or others as they shall procure, to a number not exceed-
ing thirty, to be paid & subsisted as Soldiers, together with the
above mentioned sixteen Men to be raised for a Term not exceeding
One Month. And that his Excellency the Captain General, be

desired to post the remainder of said Soldiers heretofore ordered to
scout from Connecticut to Merrimack as follows; Viz' Eight at
Groton Precinct, Twenty at Townshend, Twenty at Lunenburgh,
Eight at Leominster, & Six at Browns & Wilders on the Road from
Lancaster & Nepiskog, Four at Narraganset Number two, & Forty
at Northfeild, [Passed June 20.

CHAPTER 42.

VOTE FOR SENDING PROVISIONS TO NUMBER FOUR. &c.

Voted that a Barrel of Rum be provided & sent to Number Four, Legislative
& Sugar & Ginger to the Value of Twenty five pounds; Three councif xvIh®
quarters of a pound of Sugar to a pound of Ginger; & that in pro- i7o.
portion to be deliver'd to the Voluntiers on the Scalp Act, a Quan- House Jour-
tity equal in value to one Gill 49 diem a man; also Six hundred province
pounds of Rice to be delivered out to said Voluntiers who shall be ^''a^Sg"*"'"^""'
sick in lieu of other Provisions. All the said Species to be lodged ^ ^^'
at Number Four; And also three Bushels of Indian Meal for the
Use of the Sick ; also for the use of those Voluntiers that shall
scout from Number Four.

Voted also that the Commissary General provide, a suitable quan-
tity of Rice as occasion shall require, for other Voluntiers that shall

22 Province Laws {Resolves, etc.). — 1747-48. [Chap. 43.]

set out from any other Place, to be in lieu of any other Provisions ;
Also a suitable Quantity of Sugar & Ginger to be deliver'd out to
the said Yoluntiers in the projjortion aforesaid in lieu of Euni.
[Passed June 20.

CHAPTER 43.

ORDER, ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF THOMAS BERRY, ESQ«, & OTHERS OF IPSWICH TO BE MADE
A SEPARATE PARISH.

Legislative A PETITION of Thomas Berry Esq. & a great number of others

Council, xviii., Inhabitants in the first Parish in the Town of Ipswich, Setting

^^^' ^'^' forth the great Difficulties they are under in the Settlem^ of a

Archives Minister there, who is acceptable to the Major Part of the Inhabit-

xii., 531-549. auts And therefore Praying they may be sett off a seperate Precinct,
Records of the or Otherwise releived as this Court shall judge most proper.
35°^'Hou8e^'""' ^^^® Committee to whom were refer'd the Petitions of Thomas
Journal, Berry Esq & others the Inhabitants of the first Parish in Ipswich

Een i746)T™" prefer'd to this Court, & Dated the one the 24"" of December & the
pp. 24, 37, 50. other the 27''' May last, Praying that they with their Associates
might be made a seperate Parish, &c. Having fully heard the Par-
ties & maturely considered the Pleas & Arguments as well in sup-
port of the Petition as in opposition thereunto, Are upon the whole
of Opinion that the Petitioners & their Estates in said Parish,
together with the Land belonging to M"" Samuel Wainwright, the
Farm & Land lately of Coll. John Wainwright (commonly called
Bennet's Farm) tlie Estate lately of Stephen Smith dec'' the Estate
of Benjamin Wheeler, the Lands belonging to Sylvanus Lakeman,
the Lands belonging to M"" Thomson's Heirs, the Estate lately of
James Brown, now in possession of Cooley Smith, the Estate of
Thomas & Isaac Burnham, now in possession of Benjamin Grant,
the Homestead of Samuel Gibson, the Homestead of John Calf, the
Homestead of Major Ammi Ruhamah Wise, and the Homestead
lately of M"" Thomas Lord, the Interest belonging to Deacon Whip-
ple & Samuell Baker in Argilla Farms, together with the Land be-
longing to the South Eight (so called) All lying on the South side
of the River in said Parish, as also the Estate lately of Deacon John
Staniford on the North Side of the River in said Parish, as also the
Estate belonging to the Heirs of Symonds Epes Esq'' & the Estate
lately of M"" Samuel Appleton, now belonging to M'' Waters in Eng-
land, both lying in said first Parish, together with half the other
Lands in said Parish owned by Persons living out of said Town,
with all such as by Writing under their Hands to be logdged ' in the
Secretary's Office within three Months, join them, (Provided they
do not amount to more than one half of said Old Parish, having
regard both to the Poles & Estate therein) be & they hereby are
sett off a distinct & sej^erate Parish, to hold ct exercise the same
Powers & Priviledges, as all other Parishes & Precincts within this
Province by Law have or ought to enjoy, with Liberty to sell or
dispose of their Pews in the Old Meeting House as heretofore they
might have done; Provided, nevertheless, that if the said first Par-
ish shall before the twentieth day of July next take effectual Care
for building a New Meeting House on the South Side of the River,
wherein to settle another Minister, The Parish to continue one & to

^ Sic.

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 23

pay thier Ministerial & Parish Charges out of one Joint Stock,
Agreable to their A'^ote of January A D 1746, and also grant the
same Salary & Settlement to the Minister to be chosen for said New
House, as they lately Voted for M'' John Walley & prosecute the
whole with Effect without further delay; Then the foregoing Grant
to the Petitioners & their Associates to he void, otherwise to be held
good according to the full Extent & Meaning of the same : Which
is submitted.

By Order of the Committee, Samuel Welles.

Eead &

Ordered that this report be accepted. [^Passed June 20.

CHAPTER 44.

VOTE IMPOWERING THE COMM^ee qF WAR TO SELL WHEAT BELONG- Legislative

ING TO THE PROVINCE. Records of the

Council, xvui.,
171.

Voted that the Committee of "War be directed to sell the Wheat House Jour-

under their Care to the best advantage of the Province, the Com- p^'j^'jj^^g

mittee to be accountable. \ Passed June 20. Laws, xiu., 596,

chap. s.

CHAPTER 45.

ORDER ALLOWING £280 TO CLEMENT MINOR.

A Petition of Clement Minor of Stonington in the Colony of g^^'^d^'j ,,,
Connecticut Shewing that his House was on' the IG*'' of April last Council, xviu.,

burnt down, & that therein was consumed the Su"m of Two hun- bli .

dred & eighty pounds of the Bills of Credit of this Province of tlie na^i^ppf^^^^si.
Old Tenor, And Praying that the like Sum may be allowed him out
of the Province Treasury.

Eead &

Ordered that the Prayer of the Petition be granted, & the Treas-
urer is directed to deliver the Petitioner [the sum of] ' Two hun-
dred [and Eighty]' pounds Old Tenor or other Bills equivilant
thereto accordingly. \^Passed June 20.

CHAPTER 46.

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON THE REDEMP-
TION OF CAPTIVES.

Samuel Welles Esq"" from the Committee of both Houses, on the Legislative
Affair of the English Captives, gave in their report. Which was cmmdf xvnh.
read & Accepted by both Houses with amendments. And as ni.
amended is as follows; viz* Legislative

The Committee to project some Method, for the redemption of councu^.^*^^^
the Captives in Canada, report. That his Excellency the Governour goV eotfkf 954 ■
be desired to send a Flag of Truce by Water to Canada; And that xvi'ii.,'95,'110,
two Commissioners, be appointed by this Court to go, in order to jtnimailp^p.is,

51.

» Inserted from Legislative Records of the Council, xvii. (5), 954.

Province Laws {Resolves, etc.), — 1747-48. [Chaps. 47, 48.]

effect the Redemption, of all such Captives as may be there, belong-
ing to this Government, the Governments of Connecticut, New-
Hampshire & Ehode Island, with a suitable Intrepreter to attend
them, And the governour be desired to procure all such [French]'
Prisoners as may be obtained to send in such Flag of Truce; And
that all possible Care be taken for the recov'ring of those Captives,
that are in the hands of the Indians: And that the Secretary be
directed to write to the several aforesaid Governments, Acquainting
them with the Design of this Government & proposing to them to
join in the Expence in proportion to the number of Captives, that
may be redeemed belonging to each Governm*^ And if there be any
French Captives in either of the said Governments, they may forth-
with be sent to this Province, in order to their being carried to
Canada in said Flag of Truce ; And that his Excellency be desired
to give Orders that all the French Captives in this Province, (ex-
cept such as are married to his Majesty's Subjects, or have taken
the Oaths of Allegiance &c) be forthwith sent to Boston, that so
all that can be prevailed with to go, may be likewise sent in said
Vessel. \^Passed June 20.

CHAPTER 47.

ORDER IMPOWERING THE CONSTABLES OF THE TOWN OF SWANZEY
TO COLLECT THE TAXES FOR THE YEAR 1746.

R^^'rds^Tth ^ Petition of Eseck Brown, Representit''® of the Town of
Council, xviii., Swanzey, Shewing in behalf of the said Town, that the General

^— Court in March last directed the Assessors of the said Town, to

na]rpp.'^49?55. make the Rates & lay them before this Court, that before the Rate
Province ' Bills could be Committed to the Constables, the annual Meeting
chap. 296. ' ' for the Choice of Officers came on, «& new Officers were chosen, &
the Constables then chosen, refused to receive & collect the Taxes,
apprehending that they were not obliged to it by Law, And there-
fore Praying for the further Assistance & Direction of this Court.
[Read and]

Ordered that the Assessors of the Town of Swanzey for the year
1746, be directed & impowered to deliver the Rate Lists & Warrants
for the Town & County Tax, as also the Rate [List]" of the Province
Tax in said Town for said year unto the present Constables of said
Town, the time for delivering tlie same being elapsed notwithstand-
ing; And said Constables shall be allowed & paid by said Town the
usual Allowance for the collecting the Rates in said Town for one
year. \Passed June 22.

CHAPTER 48.

Legislative
Records of the
Council, xviii.,
173.

House Jour-
nal, p. 56 bis.

VOTE DIRECTING THE SOLDIERS FROM THE COUNTY OF MIDDLESEX
TO CARRY TEN DAYS PROVISIONS.

Voted that his Excellency the Captain General be desired to give
Orders that the Forces ordered from the County of Middlesex, be
directed to carry ten days Provision w'ith them. \^Passed June 23.

* Inserted from Legislative Records of the Council, xvii. (5), 955.
2 Inserted from Legislative Records of the Council, xvii. (5) , 956.

[1st Sess.] Province Laws (^Resolves, etc.). — 1747-48. 25

CHAPTER 49.

VOTE TRANSFERRING £4,821. 3. 10 FROM FORTS AND GARRISONS, TO Legislative .
GENERAL DEFENCE OF THE PROVINCE. Councif xvlii^

173.

Voted that the Sum of Four thousand eight hundred twenty one House .Jour-
pounds three shillings & ten pence, the Ballance of the Appropria- province
tion of £5,790, for Forts & Gan-isons, be transferr'd & appropriated Laws, lii., 292,
for the general Defence of the Province. [Passed June 23. ^^'^^''

CHAPTER 50.

ORDER OF NOTICE ON THE PETITION OF W^' GRIDLER ABOUT THE
SETTLEMENT OF AN ESTATE.

A Petition of William Gridler of Marblehead & Grace his AVife, Legislative
Complaining against Samuel Stacey Surviving Executor of the last counclf, xViiL,

Will & Testament of John Stacey Father of the said Grace, for his H£^

fraudulent Dealings towards them in detaining from them an An- House Jour.
nuity left them by their said Father, & therefore Praying that all pro'vimV
Proceedings had in the Law by Vertue of an Order of tliis Court on ciiapf'so'""'^"'''
the Petition of John and Mary Stacey, Adminisf^ of John Stacey
dec*^ may be vacated & declared null & void.

Eead &

Oi'dered that the Petitioners serve the Adverse Party with a Copy
of this Petition, that so he may 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 June 23.

CHAPTER 51.

ORDER IMPOWERING SAMUEL MILLER, FARMER OF EXCISE FOR THE
COUNTY OF BRISTOL, TO SETTLE HIS ACCOUNT AND APPOINTING A
COMMITTEE TO CONTINUE FOR THE REMAINDER OF THE TERM.

A Petition of Samuel Miller of Warren, in the Colony of Rhode Legislative
Island, Shewing that he took the Excise upon Strong Drink, for councir xvm*^
the County of Bristol to Farm for three year from September 1745, it4.
But for as much as a great part of that County has been taken off House Jour-^
from this Province & joined to the Colony of Rhode Island, since "='1'P1'--''1-^'-
his having taken the said Excise, Therefore Praying that he may
be allowed to make up his Accompt with a Committee of the Court
or the Treasurer of the Province.

Read &

Ordered that the Petitioner be allowed to settle with the Province
Treasurer from Sepf 11. 1745, & ending Sepf 11. 174(3, being
Ninety six pounds five shillings. And that the Province Treasurer
be directed to discharge the said Miller from his Bond upon his
paying said Sum: And that Coll. Leonard & Capt. Williams, with
such as the HonW Board shall join ' be a Committee fully impowered
to farm the Excise of the said County of Bristol for the Remainder

' No addition to tliis committee by the Council has been found.

Province Laws (^Resolves, etc.). — 1747-48. [Chaps. 52-55.]

of the Term, Accordingly ' to the Law in that Case made & pro-
vided :

Voted also that the said Samuel have as full Power as before to
sue for & recover of all Persons in said County the Excise due from
them, before the said ll"" of Sepf 174G & not yet paid. \^Passed
June 24.

CHAPTER 52.

Legislative
Records of the
Council, xvlii.,
174.

Legislative
Records of the
Council, xviii.,

Journal,' p'. 60. Voted that M"" Richard Coffin be one of the Guardians for the
Indians at Nantucket in the room of Daniel Bunker dec'', {^Passed
June 24.

VOTE SUBSTITUTING MR. RICHARD COFFIN FOR DANIEL BUNKER AS
GUARDIAN OF INDIANS AT NANTUCKET.

Legislative
Records of the
Council, xviii.,
177.

Legislative
Records of the
Council, xviii.,
173, 175 Ms.
House Jour-
nal, pp. 62, 64.
Ante, p. 23,
chap. 46.

CHAPTER 53.

VOTE ALLOWING £50 AND A FURTHER SUM OF £17. 10 PER MONTH TO
THE COMMISSIONERS FOR CANADA.

Voted that the sum of Fifty pounds be allowed out of the pub-
lick Treasury to each of the Commissioners appointed to repair to
Canada, in order to provide themselves with Cloathing.

Voted also that the Sum of Seventeen pounds ten shillings be
allowed to each of the Gentlemen ^ Month, whilst in the Service.
{^Passed June 25.

CHAPTER 54.

ORDER ALLOWING THE ACC^ OF THE TREASURER OF MIDDLESEX CO.

Records^of^the ^^ AccoMPT of Danacl Eussel Esq' Treasurer of the County of
Council, xviii., Middlesex for the year 1746, Having been laid before the Court of
General Sessions of the Peace for said County & by them allowed;
Read &

Ordered that this Accompt be allowed, & that the Ballance
thereof being Eighteen pounds six shillings & one penny the said
Treasurer is further accountable to said County for. {^Passed
June 25.

House Jour-
nal, pp. 13, 61

CHAPTER 55.

ORDER ALLOWING THE ACC^ OF THE TREASURER OF YORK CO.

Legislative
Records of the

Ax AccoMPT of Jeremiah Moulton Esq"" Treasurer of the County
cWncii, xviii., of York. for the year 1746, Having been laid before the Court of
General Sessions of the Peace for said County & by them allowed;

^ Legislative Records of the Council, xvii. (5), 959, reads, "according."

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 27

Read & naT^^'^s'^i

Ordered that this Accompt be allowed & that the Ballance > • • •
thereof, being twelve pounds, fifteen shillings & four pence the said
Treasurer is further accountable to said County for. [^Passed
June 25.

CHAPTER 5Q.

ORDER IMPOWERING MARY CLARK TO RECEIVE THE WAGES DUE HER

HUSBAND.

Ordered that Mary Clark Wife of Samuel Clark late of Lyn Dec<^ feT^H*'^^*v,

1 11 li • ,/.,! iTim iri'^,./-v Records of the

be allowed to receive out oi the publick Treasury the bum of One Councu.xviii.,

pounds sixteen shillings & five pence for Wages due to the said —

Samuel whilst in the Service of the Province as born upon Capt. naUp^eT.^^^
Jordan's Muster Roll. [Passed June 26.

CHAPTER 57.

ORDER ALLOWING £15 TO L^ COLL. W" WILLIAMS.

A Memorial of Lieutenant Coll' William Williams, Shewing that Legislative
among other Losses he has sustained in the Service, the Soldiers councif, xviii^,

by Mistake killed his Horse of £60, value Old Tenor, Praying that ^^

he may be allowed that Value out of the publick Treasury. ^°,"^'^ ^ii"^;

T-. 1 o • * J ii • Tn- • 1 "^ nal,pp.o.,b3.

Kead & m Answer to this Memorial,

Ordered that the sum of Fifteen pounds [be allowed]* out of the
publick Treasury to the within named Memorialist, in considera-
tion of the Loss within mentioned. [Passed June 26.

CHAPTER 5S.

ORDER APPOINTING COMMISS. FOR THE CONGRESS AT NEW YORK.

The two Houses upon Agreement proceeded to the Choice of ^s'^'?"^^
three Commissioners to meet Commissioners from the Provinces & councif.xviii!^

Colonies in a Congress proposed to be held at New York And —

Samuel Welles, Thomas Hutchinson & Oliver Partridge Esq'"'* were ^a'irpp'^°6iT62
chosen for said Service. [Passed June 26. 65,68.

CHAPTER 59.

VOTE SUBSTITUTING PAYNE MAHEW, ESQ, FOR ZACHEUS MAHEW, ESQ*, Legislative

AS GUARDIAN OF INDIANS IN DUKES COUNTY. Records of the

Council, xvni.,
181.

Voted that Payne Mahew Esq"" be one of the Guardians for the Legislative
Indians in Dukes County in the room of Zacheus Mahew Esq"" who Records of the
declines that Service. [Passed June 26. 43°" House^"*''

Journal, p. 67.
* Inserted from Legislative Records of the Council, xvii. (5) , 971.

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 60-62.]

CHAPTER 60.

Legislative
Records of the
Council, xviii.,

181.

House Jour-
nal, p. 6t) bis.
Province
La\vs,xiii.,C21,
chap. 8.5; 674,
chap. 237; 675,
chap. 238.

ORDER ALLOWING £50 TO JOSIAH WILLARD, ESQ«, FOR CLERK HIRE,
AND VOTE REFERRING PETITION.

A Memorial of Josiah Willard Esq"" Secretary of this Province,
Setting forth his slender Allowance for his Service & Praying for
some further Consideration therefor, as also for continuing the
Grant usually made for the Support of a Clerk in his Office.
Read &

Ordered that the sum of Fifty pounds be allowed & paid out of
the publick Treasury to Josiah Willard Esq"" in order to enable him
to procure a Clerk for his Assistance for one year from the twelfth
Currant.

Voted also that the Consideration of the other Parts of this Peti-
tion, be refer'd to the Time for making Grants to the Civil OfRcers
of the Province. {Passed June 2Q.

CHAPTER 61.

pp. 62, 65.

ORDER ALLOWING £18, AND VOTE ALLOWING £12. 10 TO CPT. PHINEAS

STEVENS.

Records^of the ^ PETITION of Capt. Phincas Stcvcns, Setting forth his great
Council, xviii., Expenccs iu enlisting Soldiers for the publick Service, more espe-

^— cially for laying in Provisions & providing Slays for his March

nai^p^-'^Ts"^ against the Enemy in the Winter Season for ten Men that failed
(;»iarcii^^i746) ; i^in^ & j^ other Expences for the publick Service, Praying that he
may [be]' reimbursed out of the publick Treasury.
Read &

Ordered that the Sum of Eighteen pounds Bills of the last Emis-
sion, be allowed the Memorialist in consideration of the Bread
Slays & Money advanced as set forth in his Petition: And in

as much as the Memorialist Capt. Phineas Stevens has from time
to time distinguished himself in the Service of the Government in
enlisting Numbers of Men, going forth into the Wilderness once &
again, courageously facing the Enemy & appearing ready and chear-
ful at all times to perform whatsoever is demanded of him of the
Governm^
Therefore

Voted that the Province Treasurer be directed to pay to the said
Stevens the sum of Twelve pounds ten shillings [Bills] ^ of the last
Emission as a Token of the Sense this Government have of his good
Service. {Passed June 26.

CHAPTER 62.

ORDER ALLOWING £15 TO ELEAZER & SETH RICE.

Srds^of the ^ Petition of Eleazar & Seth Rice of Westboro', Shewing that
t>5wncii, xviii., they have expended several Sums of Money, for getting out of the

' Inserted from Legislative Records of the Council, xvii. (5), 974.
" Inserted from Legislative Records of the Council, xvii. (5) , 975.

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 29

Hands of the Indians two Brothers that are now in Captivity, Pray- Mass.
ing that they may be allowed a Consideration for their said Expence, ^^xiv^tl:.
out of the Publick Treasury. House Jour-

Read & na,.pp.o-2.64.

Ordered that the Sum of Fifteen pounds be allowed out of the
publick Treasury to the Petitioner in full consideration for the
Charge herein mentioned. S^Passed^ June 26.

CHAPTER 63.

ORDER WITH STAY OF ALL PROCESSES, APPOINTING A COMMITTEE ON
THE PETITION OF THE FIRST CHURCH IN MIDDLEBORO".

A Petition of Abraham Barden & others in behalf of the first Legislative
Church in Middleboro' Setting forth the Difficulties they are under councif, xvHL,
respecting the Support of their Ministry, & Praying for Relief from ^^' ^^•'^-

this Court, ST'^io^'e;

In Council, read, And, Province ' J'

Ordered that Samuel Watts Esq"" with such as the Honb' House clmp^^•2"■' '^■''
shall join be a Committee to repair to the East Precinct in Middle-
boro', view & inquire into the Circumstances of the Parish, hear
the Parties, project some Method for their Reconciliation, & uniting
them into one Society for the publick Worship of God; And upon
the whole to report, what they judge proper for this Court to do
on the Petition; The Charge of the Affair to be born by the whole
Parish : And all Processes mentioned in the Petition to be staid in
the mean time. The Committee to give seasonable Notice of their
Coming.

In the House of Representit^^
[Read and concur'd, and Mr. Breioer and Major \V7iite, are joined
in the ilffair.] ' [Passed June 26.

CHAPTER 64.

ORDER IMPOWERING THE COMMISSIONERS TO CANADA TO REDEEM Legislative

THE CAPTIVES OUT OF THE HANDS OF THE INDIANS. Records of the

Council, xviii.,
183.

Voted that in Case any of the Captives who are in the hands of '

the Indians of Canada, cannot be procured without some Consider- Records of the
ation made to such Indians for their release, the Commissioners be i79'^"vfo.'' House
impower'd according to their Discretion, to promise & engage such Journal, pp.57.
Sums as they shall judge reasonable for the redemption of such pV-je.'chap. 53.
Captives. [Passed June 27.

CHAPTER Q5.

VOTES ADDING TO THE COMMITTEE ON TRANSPORTATION OF THE
COMMISSIONERS TO QUEBEC, AND IMPOWERING THEM TO CHARTER
OR IMPRESS A VESSEL.

Voted that M'' Hubbard be added to the Committee appointed to Legislative
consider & report what Preparations are necessary to be made for coundf,x*v»u
the Embarkation of the Commissioners for Quebeck ; ']^

' Inserted from the House Journal, p, 67.

Province Laws (Hesolves, etc.). — 1747-48. [Chaps. 66, 67.]

Legislative
Records of the
Council, xviii.,
175. House
Journal, pp. 58,
69. Ante,
p. 23, chap. 46.

Voted also that the Committee be directed to take into the Ser-
vice of the Province at a reasonable Rate, & if need be to impress
a suitable Vessel to proceed as a Flag of Truce to Quebeck ; The
Province to take upon them the risque of the said Vessel. [Passed
June 29.

CHAPTEK QQ

ORDER ALLOWING £50 TO THE JUSTICES OF THE SUPERIOR COURT.

Rifordsofthe ^ Memorial of Paul Dudley Esq"" & others, Justices of his
Council, xviii.. Majesty's Superiour Court, Shewing that the two Houses, were

— pleased to make the Memorialists a Grant of Fifty Pounds, for their

Sillpp ."^1*52^156 extraordinary Service, in attending upon the Trials of a great num-
^*^°\°,''^3'^''^^ ' ber of Eioters in the County of Bristol, but that Grant not being
perfected. Therefore Praying that this Court would now make an
Allowance for the said Service.
Read &

Ordered that the Sum of Fifty pounds be allowed out of the
Province Treasury, to the Justices of his Majesty's Superiour Court
of Judicature &c, who attended the Trial within mentioned, in
Lieu of that Sum formerly voted them, by the Two Houses to be
paid out of the Fines of the said Rioters. [Passed June 29.

CHAPTEK 67.

Legislative
Records of the
Council, xviii.,
187.

House Jour-
nal, pp. 73, 74.
Province
Laws, xiii., 702,
chap. 321.

VOTE REFERRING TO THE PAY OF THE TROOPS ON Y^ FRON-
TIERS.

In the House of Representatives; Whereas this Court have
made an Establishment of Wages & Subsistence for Eight hundred
i& forteen Men for Scouts & Guards on the Eastern Frontier, & for
garrisoning the several Forts there; & for the Western Frontier,
Six hundred & thirteen (including the Garisons in Fort Dummer
& the Block Houses, on the West Side of Connecticut River) mak-
ing in the whole Fourteen hundred & twenty seven Men; Which
Number of Forces the House apprehend may be sufficient for the
Defence of the said Frontiers; And altho' that there be no reason
to suppose that a greater Number of Forces will be paid, than what
there has been an Establishm* for, yet as it appears to the House,
that by the Managem* of some of the Officers, the Forces on the
Frontiers have been employed alternately & alternately put out of
Service; Therefore there may be Danger that some of them may be
paid off for longer time than they were in Service ; & by this means
others may be excluded their Pay for the Service they have actually
done, unless Care be taken to prevent the same in passing the Mus-
ter Rolls; Therefore

Voted that his Excellency the Governour be desired to give Order
to the Chief Commanding Officer in the said Frontiers to take
special Care that the whole Number of Men born on the Muster
Rolls of their respective Companies for Payment do not exceed the
Eight hundred & forteen for the Eastern Frontier & Six hundred
& thirteen for the Western Frontier: for Avhom an Establishment

[1st Sess.] Province Laws (Hesolves, etc.). — 1747-48. 31

is made as aforesaid; And the Commissary General is directed in
examining & passing the said Muster Eolls to take effectual Care
that the number of Men so passed on by him for Payment do not
exceed the said Establishment.

In council; read and concur'd. [Passed June 30.

CHAPTER 68.

VOTE CONTINUING THE ESTABLISHM^ FOR THE MASSACHUSETTS Legislative

FRIGATE. Records ol the

Council, xvin.,

188.

Voted that the Establishm'' of the Wages & Subsistence for the House Jour-
Massachusetts Frigate, which expires the first of July next, be p^l^y^ijce
further continued till the first of October next. \ Passed June 30. Laws.xiii.,?!?,

■- chap. 366.

CHAPTER 69.

ORDER OF NOTICE ON THE PETITION OF AMOS JANOSCO, INDIAN,
COMPLAINING OF FRAUD IN THE EXECUTION OF A DEED.

A Petition of Amos Janosco of Martha's Vineyard, Indian, Legislative
Complaining against Simeon Butler Esq"" «& Elisha Amos for im- counclf, xviu^
posing upon him by obtaining his Executing & Acknowledging a ij^i^-
Deed for conveying away his Estate, under Pretence of its being an House Jour-
Instrument, of another Nature, & Praying for Eelief from this °^ ' ^' ^*'
Court.

[Read and]

Ordered that the Petitioner cause Simeon Butler Esq"" & Elisha
Amas to be served with Copies of this Petition, & that they give
answer thereto on the first Tuesday of the next Sitting of this
Court, after the last day of Sepf next. [Passed June 30.

CHAPTER 70.

ORDER OF NOTICE ON THE PETITION OF THE INDIANS OF CHRISTIAN
TOWN, COMPLAINING OF FRAUDULENT PRACTICES IN ALIENATING
THEIR ESTATES.

A Petition of Amos Ayanagasso & divers others of Christian Legislative
Town in Martha's Vineyard Indians, Complaining against Elisha coundf xviu^
Amos for using divers fraudulent Practices for alienating their ij^s-
Estates from them: Praying that no Deed or Instrument thus ob- House Jour-
tained by him should be good in Law unless it be acknowledged ^'^ » i'- ' •
before Justices of the Peace particularly nominated by this Court
for that Service.

Read &

Ordered that the Petitioners cause Elisha Amos to be served witli
a Coppy of this Petition, & that he give Answer thereto, on the
first Tuesday of the next Sitting of this Court after the last day of
September next. [Passed June 30.

Province Laws (^Resolves, etc.). — 1747-48. [Chaps. 71, 72.]

CHAPTER 71.

Legislative
Records of the
Council, xviii.,

188.

House Jour-
nal, p. 74.
Supra, chaps.
69, 70.

ORDER OF NOTICE ON THE PETITION OF RACHEL CHARLES, INDIAN, COM-
PLAINING OF FRAUDULENT PRACTICE IN ALIENATING HER ESTATE.

A Petition of Eachel Charles of Christian Town on Martha's
Vineyard Indian, Complaining against Elisha Amos, for getting
from her Children a House, & Land her & them," by vertue of

a Fraudulent Deed, & Praying for Relief from this Court.

Eead &

Ordered that the Petitioner cause Elisha Amos to be served with
a Copy of this Petition, & that he give in his answer thereto upon
the first Tuesday of the Sitting of this Court, after the last day of
September next. [Passed June 30.

CHAPTEE 72.

ORDERS ACCEPTING THE REPORT OF THE COMMITTEE ON THE VESSEL
TO BE SENT TO QUEBECK AND PROVIDING THE ESTABLISHMENT OF
WAGES THEREFOR.

Legislative
Records of the
Council, xviii.,
189.

House Jour-
nal, p. 69.
Ante, p. 29,
chap. 65.

The Committee to whom was refer'd to consider what Prepara-
tions are necessary to be made for the Embarkation of the Com-
missioners for Quebeck, are humbly of Opinion, That a Surgeon
with a Box of Medicines, an Interpreter, Pilot, & two Servants
should be procured to attend said Commissioners; & further that it
might be decent & convenient for some suitable Person to proceed
as Chaplain. Upon Presumption of all which, the Committee have
calculated what Stores & Provisions would be required for the
Gentlemen Commissioners, & such others as would partake of said
Stores; & are of Opinion that it will demand Two hundred pounds
of the last Emission to furnish a Sufficiency for four Months: The
Committee are further of opinion that it will be necessary to lay in
two Months Provision for the Voyage thither, supposing Forty
Persons, & two Months Provision more for One hundred Persons
expected to return : All which is humbly submitted.

By Order of the Committee, Ezekiel Cheever.

Eead &

Ordered that this report be accepted; And the Committee are
directed to make the Preparations within mentioned accordingly :
And it is further

Ordered that the Wages of the Surgeon be at least Five pounds
per Month Of the Intrepreter Six pounds n? month Of

the Pilot Six pounds ^ Month Of the Chaplain Six pounds

^ Month Of two Servants Fifty shillings each ^ Month.

\_Passed June 30.

' Sic, in both copies of Legislative Records of the Council.

[1st Sess.] Province Laws {Resolves^ etc.). — 1747-48. 33

CHAPTEK 73.

VOTE APPOINTING A COMMITTEE TO PURCHASE THE STONE BUILDING
IN CHARLESTOWN FOR A POWDER HOUSE.

Whereas the Committee appointed by this Court to purchase a Legislative
Stone Building (with as much Land adjoining as shall be necessary) councif xVilf
in Charlestown for a Magazine, have not proceeded according to I'-'J*-
the Order of the Court; Therefore Legislative

Voted that M-" Hall & Cpt. read with such as the Honb^ Board councu" xv«i^,
shall Join, be a Committee, to purcliase the Stone Building at ''^- ^°^^^ ,,^
Charlestown (with as much Land as may be necessary) which was (lune.iiiei;
formerly used for a Wind Mill on the best Terms they can, & agree \i}^y}^^iT^'
with Workmen to repair & fit the same for the reception of the 1746^'^^^^'
Province Powder in the cheapest manner & as soon as possible; Province'
And that the sum of One hundred & fifty pounds be allowed the S^e!""^*'^'
said Committee out of the publick Treasury to enable them to
carry on this Affair. \^Passed June SO.

CHAPTER 74.

VOTES IN REGARD TO PREPARATIONS FOR COMMISSIONERS TO PRO-
CEED TO QUEBEC.

Voted that the Committee appointed to make Preparation &c for Legislative
the Commissioners to proceed to Quebeck, be directed to govern councifxvui^
themselves in the Expence of that Affair in the most frugal Manner lao.
that the Nature of the Service & the Circumstances of the Person House Jour-
that may be Commission'd will admit; Any Instructions given said ^AntfX%%
Committee by any former Vote notwithstanding; And ^^'''>p- '2-

It is further

Voted, that [the] ' said Committee be likewise directed to de-
termine upon the Wages of a Master & a suitable number of Mari-
ners to navigate the Flag of Truce; And in case of need, that his
Excellency be desired with the Advice of the Council to order an
Impress to Man said Vessel. [^Passed June SO."^

CHAPTER 75.

ORDER IN REGARD TO RENEWING LICENCES IN THE COUNTY OF YORK.

A Petition of Jeremiah Moulton Esq Farmer of the Excise for Legislative
the County of York, Shewing that divers of the Inn Holders & re- councif xvui^
tailers in the County aforesaid were prevented, from coming up to i96.
the Court of Sessions held at York in July last, to renew their House Jour-
Licences by reason of the Difficulty & Danger of the Season; And provmce
therefore Praying that they may be allowed to renew their Licences ^ifap^2'""' ^*^''
at the Court to be held at Falmouth for said County in October next.

Read &

Ordered that the Prayer of the Petition be granted, & that the

' Inserted from Legislative Records of the Council, xvii. (5), 99L

- Adjourned to August 12. See Legislative Records of the Council, xviii., 190.

Province Laws {Resolves^ etc.). — 1747-48. [Chaps. 76-78.]

Justices of the Court of General Sessions of the Peace for the
County of York, be allowed & impower'd at their Sessions on
the first Tuesday in October next, to renew »& grant the Licences
accordingly the time for granting Licences being elapsed notwith-
standing. [^Passed August 12.

Legislative
Records of the
Council, xviii.,
196.

House Jour-
nal, p. 78.

CHAPTER 76.

ORDER IMPOWERING MARY JONES TO RECEIVE THE WAGES OF HER

HUSBAND.

A Petition of Mary Jones of Sherburn, Praying that she may
be allowed to receive the Wages due to her Husband Thomas Jones,
who was killed or taken by the Enemy, when in the Service upon
the Frontiers.

Kead &

Ordered that the Prayer of the Petition be granted ; And the
Treasurer is hereby directed to pay to the within named Mary
Jones, what Wages shall be [found] ' due to her said husband
Thomas Jones, in Capt. Stevins Master Poll accordingly, {^Passed
Aiigicst 12.

Legislative
Records of the
Council, xviii.,
197.

House Jour-
nal, p. 82.

CHAPTER 77.

ORDER GRANTING TO DAVID OSGOOD LICENCE TO KEEP A TAVERN.

A Petition of David Osgood of Bellerica, Shewing that thro'
some Mistake he failed of obtaining a Licence to keep an Inn in
said Town, And therefore Praying that the Court of General Ses-
sions of the Peace for the County of Middlesex, may be impower'd
to grant him a Licence at their next Term.

Read &

Ordered that the Justices of the General Sessions of the Peace
for the County of Middlesex, be allowed & impower'd (if they see
cause,) at their Session on the last Tuesday of August Currant, to
grant the Petitioner a Licence to keep a publick House of Enter-
tainment, upon the recommendation of three of the Select Men of
Bellerica, to the said Justices at their Sessions, on the first Tues-
day of July last, Altho' the Words are not according to the common
Form prescribed by Law. \^Passed Augtist 13.

CHAPTER 78.

ORDER ALLOWING THE ACC^ OF THE TREASURER OF SUFFOLK COUNTY.

Records^ofthe -'^^ AccoMPT presented by Samuel Adams Esq Treasurer of the
c^ouncii, xviii., County of Sutiolk for the year 1746, Having been laid before the

Court of General Sessions of the Peace for the said County & by

them allowed.
Read &

^ Inserted from Legislative Records of the Council, xvii. (5), 1001.

House Jour-
nal, pp. 13, 40,

78, 82, 83.

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 35

Ordered that the within Accompt be allowed, & that the Bal-
lance thereof, being One hundred, fifty five pounds eight Shillings
& seven pence, the said Treasurer is further accountable to said
County for. [Passed August 14.

CHAPTEE 79.

ORDER FOR THE PAYM^ OF THE WAGES OF HER HUSBAND TO HANNAH

LOVEJOY.

Ordered that the Treasurer be directed to pay to Capt. Nathaniel ^f^^^^g^^^^jj^
Fry for the Use of Hannah Lovejoy, the Wages due to her Husband council, xvm.,

Hezekiah Lovejoy dec'' as he is born on Cpt. Jeremiah Ballard's ^—

Muster Roll. [Passed August 14. u^i^l^.u^'

CHAPTEK 80.

ORDER FOR PAYING THE SOLDIERS TAKEN CAPTIVE AT FORT MASSA- Legislative

CHUSETTS. Records of the

Council, xviu.,
200.

Voted that the Treasurer be directed to pay what Wages shall be Legislative
due to the several Soldiers arrived from Canada, who were taken ^^^^^^ff °* *^®
Captive at Fort Massachusetts, upon the Certificate of Sergeant xvii. (5)', 578.
Hawks, that they were in the Service as entered upon the Muster nai"iK ii^^'
Roll. [Passed August 17.

CHAPTER 81.

ORDER ALLOWING £5 TO EACH OF THE CAPTIVES LATELY BROUGHT
BACK FROM CANADA.

Ordered that the Sum of Five pounds old tenour be paid out of r^^^^'^^^^j tu
the Treasury to each & every Captive or their Order, which belong council, xviii.,

to this Province or was taken in the actual Service of it; & to ?^i:

Twenty three Persons more or tlieir Order, who belong to Great naTvfss^
Britain, or are at a Distance from all their Friends, for their present Ante,\>.-h,
Support & relief. '^ ^^"

And whereas the Governments of Connecticut & New Hampshire
readily came into the Proposals made them by this Government, as
to their bearing a proportionable [part of the] ' Charge of sending
a Flag of Truce to Quebeck for Redemption of Captives

That therefore the Sura of Five pounds old tenour be advanced
by this Governm^ to every Captive (or Order) belonging to either of
those Governments for their Subsistence till their Arrival to their
several Homes : The Amount of which to be charg'd to each Gov-
ernm* in the General Accompt of the Charge arising by the return
of Captives from Canada; And that the Sums aforesaid be put into
the Hands of M.'' Hubbard for the purposes abovementioned.
[Passed August 18.

1 Inserted from Legislative Records of the Council, xvii. (5) , 1009.

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 82-84.]

CHAPTER 82

ORDER ALLOWING £4 TO DAVID STANWOOD.

Legislative
Records of the
Council, xviii.,
•201.

House Jour-
nal, pp. 87, 88.
Province
Laws, xiii., 465,
chap. 1; 569,
chap. -280.

A Petition of David Stanwood a Soldier in the late Expidition
Praying for some further Allowance, in consideration of the Wounds
he received from the Enemy, whereby he is render'd a Criple &
unable to Labour.

Read &

Ordered that the Committee of War be directed to allow the
Petitioner Four pounds in consideration of his Wounds & sufferings
herein mentioned. \^Passed August 18.

CHAPTER 83.

VOTE FOR ADJOURNING THE COURT OF GENERAL SESSIONS IN HAMP-
SHIRE COUNTY.

Legislative
Records of the
Council, xviii.,
203.

House Jour-
nal, p. 93.
Province
Laws, iii., 64,
chap. 32.

Whereas the Justices of the Inferiour Court of Common Pleas
for the County of Hampshire by their Writ have adjourned said
Court, which by Law was to be holden the last Tuesday of August
Currant, unto the second Tuesday in September [next,]' by reason
[that] ' some of the Justices of the said Court are now obliged to
attend the General Court; And it is necessary that the Court of
General Sessions of the Peace, which should have been on said last
Tuesday in August in said County, be also adjourned to the same
time; Therefore

Ordered that the Court of General Sessions of the Peace, which
by Law is to be holden at Springfield in the County of Hampshire
on the last Tuesday of August Currant, be adjourned unto the
second Tuesday of September next. And all Matters & Things that
might be heard & determined at said Court shall have Day on said
second Tuesday of September, & be then beared, tried & Deter-
min'd. \^Passed August 20.

CHAPTER 84.

Legislative
Records of the
Council, xviii.,
204.

House Jour-
nal, pp. 13, 82,
94.

ORDER ALLOWING THE ACC^ OF THE TREASURER OF ESSEX CO.

An Accompt j^resented by Daniel Appleton Esq'' Treasurer of
the County of Essex for the year 1746, Having been laid before the
Court of General Sessions of the Peace for the said County, & by
them allowed;

Read &

Ordered that the M'ithin Accompt be allowed, & that the Bal-
lance thereof, being Seventy one pounds two shillings & five pence
half peny, the within named Treasurer is further accountable to s^
County for. [^Passed August 20.

* Inserted from Legislative Records of the Council, xvii. (5) , 1015.

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 37

CHAPTER 85.

ORDER ALLOWING £4 TO JANE HALL.

A Petition of Jane Hall, Shewing that her Husband Eben"^ pjforlfsof the
Hall being a Soldier in the late Expidition, returned home very couueii, xviii.,

sick & continued so many Months, & the Petitioner being Skilled '— —

in Medicine performed the part both of a Doctor & a Xurse, Pray- na^i^^ppl^ssl'ge.
ins: for an Allowance for the same. Province

°-, , o Laws, xiu.,

Kead & 465, chap. i.

Ordered that the Committee of War be directed, to allow the
Petitioner Four pounds in full consideration for the Expences in
the Petition mentioned. \^Passed August 21.

CHAPTER S^.

VOTE substituting ROBERT HALE, ESQ^, FOR THOMAS HUTCHINSON
ESQ. AS A COMMISSIONER TO THE CONGRESS IN NEW YORK.

The two Houses according to Order, proceeded to the Election Legislative
of a Commissioner for the Congress at New York, in the room of councu^, xlm^,
Thomas Hutchinson Esq"' '^^

And Robert Hale Esq"" was chosen by the Major Vote of the House Jour.
Council & House of Representit''^ and the Choice consented to by ^Ante,'v-i',
the Governour. {Passed August 21. chap. 58.

CHAPTER 87.

ORDER ALLOWING £25. ANNUALLY FOR THREE YEARS FOR THE SUP-
PORT OF A MINISTER AT PROVINCETOWN.

A Petition of Samuel Smith, Agent for Province Town, Shew- Legislative
ing the Fewness & Poverty of the People there, & their Inability to cqundf, xiin^,

support a Minister, And therefore Praying that this Court (as in ^^£^

former years) Avould grant an Allowance out of the pnblick Treas- House Jour-
ury for a Minister there, %. 'province'

Tj J fL. Laws, xii., 723,

rteau dj chap, i3g_

Ordered that the sum of Twenty five pounds be annually allowed
for three years out of the Province Treasury to the Rev*^ M'' John
Avery of Truro, in order to support a Minister at Province Town,
provided the Inhabitants procure a Minister to preach to them
seven Months in a year; the said M'' Avery to be accountable for
the Disposition of the Money, Provided also the Minister preach to
them from the first of October to the first of May annually. {Passed
August 21.

Province Laws {Resolves, etc. ). — 1 747-48 . [Chaps. 88-9 1 . ]

CHAPTEK 88.

ORDER ALLOWING £8. 2. 6 TO HOSEA BOLLES.

House Jour-
nal, pp.88, 95,

Eecords^of the ^ PETITION of Hosea Bolles of Rochester, Shewing that his
Council, xviii.. Brother William Bolles, was taken sick, while in his Majesty's Ser-
vice, & died, & that the Petitioner paid the charge of his Sickness,
being Thirty ponnds & sixpence, Praying that he may be reim-
bnrsed out of the publick Treasury.
Eead &

Ordered that the Sum of Eight pounds two shillings & six pence,
be allowed the Petitioner out of the publick Treasury. [Passed
August 21.

Legislative
Records of the
Council, xviii.,
206.

House Jour-
nal, p. 97.
Province
Laws, xiii.,
465, chap. 1.

CHAPTEE 89.

ORDER FOR PAYING TO OPT JAMES NOBLE HIS WAGES AS PER MUSTER

ROLL.

Ordered that the Committee of War be directed upon its appear-
ing to them that the Soldiers under the Command of Capt. James
Noble in the late Expidition ag*' Louisbourgh, are fully satisfyed
& paid. That they pay the said Noble, the Wages that are due to
him upon the Muster Eoll. [Passed August 22.

CHAPTER 90.

ORDER ALLOWING £30 TO JOHN BEAMEN.

Legislative
Records of the
Council, xviii.,
206.

House Jour-
nal, pp. 90, 95.
Province
Laws, xiii.,
685, chap. 274 ;
712, chap. 352.

A Petition of John Beamen of Northfield, Praying that he may
be allowed the Premium for killing an Indian, at the time when he
was taken & led into CajDtivity, the Scalp of which Indian has been
laid before the Governour & Council, for a Proof of his being killed.

Read &

Ordered that the Sum of Thirty pounds be allowed & paid out
of the publick Treasury to the Memorialist as a Mark of this Courts
Approbation of his Bravery in defending himself, & Annoying the
Enemy. [Passed August 22.

CHAPTER 91

Legislative
Records of the
Council, xviii.,
207.

House .Jour-
nal, p. 98.
Ante, p. 27,
chap. 58; p.. "7,
chap. 86.

ORDER DIRECTING THE PROVINCE TREASURER TO DELIVER 100 OZ OF
SILVER TO COMMISSIONERS TO THE NEW YORK CONGRESS.

Ordered that the Treasurer be directed to deliver to the Com-
missioners to repair to New York, One hundred Ounces of Silver;
such part thereof as shall not necessarily be expended to be returned
into the Province Treasury. [Passed August 22.

[1st Sess.] Province Laws (i?eso?ues, e^c). — 1747-48. 39

CHAPTER 92.

ORDER IMPOWERING JOSEPH & PETER EPHRAIM, INDIANS, TO SELL

LAND.

A Petition of Joseph Ephraira & Peter Ephraim his Son of Refords^of the
Natick Indians Shewing that by long Sickness in their Families, Councu, xviii.,

they have contracted considerable Debts, Praying that they may be

allowed to sell ten Acres of their Land at Natick, that may be best Refordfof the

spared to pay off said Debts. Po^^h^'' ^^"*'

Read & Journal, p. 197

Ordered that the Petitioners have liberty to sell so much of their K46°"p^r97.
Land, for the Purposes within mentioned, not exceeding the num-
ber of Acres within express'd, as the Gentlemen appointed by Law '
to be Guardians of the Indians of Natick, shall judge to be abso-
lutely necessary for that end. [Passed August 22.

CHAPTER 93.

ORDER IMPOWERING JACOB CHALCOM, INDIAN, TO SELL LAND.

A Petition of Jacob Chalcom of Natick Indian, Shewing that ^Ifordf^f th
by Sickness in his Family, he has contracted considerable Debts, council, xviii.,

which he has no way to discharge but by selling some of his Land '— ■.

in Natick, Therefore Praying, for Liberty from this Court to sell ^aTif 197"^'
said Land accordingly. (January,

Read&' _ "*^^'i'-^^-

Ordered that the Petitioner have Liberty (with the Advice &
Consent of the Guardians appointed by Law ' over him) to sell so
much of the Land as may be absolutely necessary for the Purposes
mention'd, [Passed August 22.

CHAPTER 94.

VOTE DIRECTING THE PAYMENT OF THE WAGES OF JOHN & DANIEL Legislative

SMEAD TO JOHN SMEAD. Records of the

Council, xviu.,
208.

Voted that the Treasurer be directed to pay to John Smead the House Jour.
Wages that are due to his two Sons, John & Daniel Smead De- ^^^<v-^'''\^-
ceased. [Passed August 24.

^ "This day [January 6, 1746.] being appointed for electing Guardians to the Indians
in their several Plantations, the two Houses proceeded to the said Choice,

And the following Persons were duly chosen, by the Major Vote of the Council and
House of Representatives viz'

For Natick, Samuel Danforth, Joseph Richards, & John Jones Esq"''*
For Stoughton, Andrew Oliver, Samuel Miller Esq''* & Capt. John Shepherd.
For Grafton & Dudley, John Chandler, Edward Baker & Sam' Liscomb Esq'^
For Yarmouth. Harwich & Eastham, M'' Samuel Knowles, M'' Jos. Freeman & M'
Miller. For Mashpee, Barnstable, Sandwich & Falmouth, Sylvanus Bourn, Ja*

Otis & David Crocker Esq' For Plymouth, Pembroke & Middleboro', John Gush-

ing & James Warren Esq^ & Capt. Josiah Edson jun'' For Martha's Vineyard,

Zaccheus Mahew John Sumner Esq^ & M"' Hunt ; For Nantucket Mess. Abijah

Folger, Daniel Bunker & Jonathan CofRn." — Legislative Records of the Council, xviii., 43.
See also House Journal, Jan., 1746, pp. 197, 198.

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 95-97.]

CHAPTER 95.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
JOHN FISHER, ESQ^, FOR A NEW TRIAL OF A CAUSE.

Legislative
Records of tlie
Council, xviii.,
208. Mass.
Archives,
xviii., 355.

Mass.
Archives,
xviii., 354.
House Jour-
nal, p. 98.

A Petition of Johu Fisher Esq"" Shewing that he, as Guardian
to John Gill & Israel Gill, Persons Non Compos, put some of their
Lands into the hands of his Son Ebenezer Fisher, to be improved
for their benefit, that the said Ebenezer Fisher was sued in Tres-
pass, by one Cromvel Oliver (who claimed 'the said Land by vertue
of a Deed from the said John & Israel Gill) at the Inferiour Court
of Common Pleas for the County of Suffolk; that the said Ebenezer
vouched in the Petitioner, who demur'd upon Title, & became
bound to prosecute the said Plea at the then next Inferiour Court
for said County; »& on the first Tuesday of October last brought
his Action, but by mistake the Clerk enter'd the Name of John
Fisher, instead of Ebenezer Fisher, whereby the Suit was dismiss'd,
& the Petitioners Bond, have been sued out; Therefore Praying
that he may be enabled to enter the said Action, at the next In-
feriour Court for said County in the name of his Son Ebenezer,
And that the Execution on said Bond may be stayed in the mean
time.

Eead and

Ordered that the Pef serve the adverse Partie Cromwell Oliver
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 within mentioned is stayed in
the mean time. \^Passed August 24.

CHAPTER 96.

ORDER AND VOTE FOR AN ACC OF THE ENLISTING MONEY FOR THE
CANADA EXPIDITION.

Legislative
Records of the
Council, xviii.,
213.

House Jour-
nal, ijp. 13,101.
Province
Laws, xiii.,
708, chap. 337.

Ordered that the Committee for paying out the Bounty Money
for enlisting Men for the Expidition ag*' Canada be directed to lay
before the Court, as soon as may be the present state of that Affair,
Also

Voted that they give an Accompt of their Proceedings upon the
Vote of this Court, resjoecting this Matter on the eighteenth of
April last. \^Passed August 26.

CHAPTER 97

ORDER ALLOWING THE ACC^ OF REPAIRS AT GOVERNOUR'S ISLAND.

Records'ofthe ^^ AccoMPT of the Charge of erecting & building the Works at
Council, xviii., Govemours Island Ballance whereof is £891. 7. 6 due from the

214. T5

Province.

Legislative t>^„a i^

Records of the -Keaci CI

councJU xviii.. Ordered that this Accompt be allowed & that the Sum of Eight

[1st Sess.J Province Laws {Hesolves, etc.). — 1747-48. 4-1

hundred iiinty one pounds, seven shillings & six pence, be allowed Journal, p. loi.
out of the pnblick Ti'easiiry to discharge the Ballance of the within La\vs,xiii.,4oi,
Accompt. [Passed August 26. chap.m.

CHAPTER 98.

VOTE CONTINUING CERTAIN CASES IN COURTS IN HAMPSHIRE COUNTY.

Whereas the Inferiour Court of Common Pleas, which was to Legislative
have been holden at Northampton for tlie County of Hampshire on couudf, xviii^,

the second Tuesday of February last, fell through, there not being '^^^^

a Quorum of Justices present; And sundry Cases being continued House Jour-
to [the] ' s'^ Court from the Inferiour Court of Common Pleas held pro'vlm-e '
at said Northampton for the County of Hampshire on the second ^ifap!'32!"' ^'
Tuesday of November last, in which Causes Judgment has been
given, so that new Suits cannot be commenced ;

Therefore

Voted that the Plaintiffs in said continued Actions have Liberty
to enter the said Actions at the Inferiour Court of Common Pleas to
be holden by Adjournment on the second Tuesday of September
next for said County of Hampshire, & that the said Court be im-
power'd to proceed to final Judgm' & Execution in said Causes upon
the Defendants by themselves or their respective Attorneys appear-
ing & answering to the same, as fully to all Intents as they might
have done at said Inferiour Court which was to have been holden
on said second Tuesday of February last, had there been a Quorum
of Justices then present: But if the Defendants should not

voluntarily appear & answer as aforesaid, then the Justices afore-
said have full Power & are hereby authoriz'd to continue the said
Causes to the next inferiour Court of Common Pleas to be holden
for said County of Hampshire at Northampton on the second Tues-
day in November next; & on the Plaintiff's giving proper Notice to
the Defendants by a Writ from the Clerk's Office of said Inferiour
Court full forteen days before the sitting thereof, to appear &
answer thereto, the Plaintiff shall have the same benefit of proceed-
ing in their respective Causes at the said Court, as they might have
had, at the said Inferiour Court which ought to have been holden
as aforesaid, on the second Tuesday of February last, had there
been a Quorum of Justices present. [Passed Angust 26.

CHAPTER 99.

ORDER REFERRING THE PETITION OF THE NORTH YARMOUTH PRO-
PRIETORS IN REGARD TO A TAX.

A Petition of John Hill & Jeremiah Powell Esq""^ a Committee Legislative
for the Proprietors of North Yarmouth, Shewing that the said 530*^1",°^^^^

Proprietors are in considerable Arrears for building the Meeting 2i5^

House & other Charges; And therefore Praying that they may be House .lour-
impower'd to assess and levy a Tax of One farthing per Acre an- °'^»p--*'^2-

^ Inserted from Legislative Records of the Council, xvii. (5), 1034.

Province Laws (i?eso?ves, e^c. ) . — 1747-48. [Chaps. 100-102.]

nually for three years, on all the appropriated Land in said Town
for defraying the said Charges.

Read &

Ordered that the Petitioners insert the Substance of this Petition
in the Boston Gazette three weeks successively, that any of the
Proprietors may if they see cause, object against the Prayer thereof,
on the first Fryday of the next Sitting of this Court, to w'^'' time
the Consideration of this Petition is refer'd. \^Passed Atigtist 26.

CHAPTER 100.

ORDER ALLOWING £6 TO PATRICK BURN.

Legislative
Records of the
Council, xviii.,
215.

House Jour-
nal, pp. 85, 102.
Province
Laws, xiii., 465,
chap. 1 ; 639,
chap. 134.

A Petition of Patrick Burn of Wenham a Soldier in the late
Expidition, Praying for some further Allowance for his Wounds,
whereby he is utterly disabled from labouring for his Support.

Read &

Ordered that the Sum of Six pounds be put into the hands of
the Select Men of Wenham or their Order by the Committee of
War for the relief of the Petitioner. [Passed August 27.

CHAPTER 101.

Legislative
Records of the
Council, xviii.,
216.

Legislative
Records of the
Council, xviii.,
43. House
Journal, p. 197
(January,
1746) ; p. 106.

ORDER IMPOWERING BENJ^ WISER, INDIAN, TO SELL LAND.

A Petition of Benjamin Wiser of Worcester, Indian, Praying
that he may have Liberty to sell twelve Acres of Land in Natick
for discharge of the Debts, he has contracted in purchasing Land
& building at AVorcester & setling himself there.

Read &

Ordered that the Petitioner have Liberty with the Advice &
Assistance of the Guardians by Law appointed over the Natick
Indians, to sell the Land within mentioned for the purposes therein
expressed. [Passed August 27.

CHAPTER 102.

ORDER IN REGARD TO AN EXPIDITION AG^^ ^HE INDIANS.

Legislative
Records of the
Council, xviii.,

220.

House Jour-
nal, p. 112.
Ante, p. 685,
Chap. 274.

A State of the Forces in the County of York, presented by
Brigadier General Waldo, with a Proposal of a March with part
of them to Penobscot.

Read &

Ordered that the Expidition within mentioned, be so far encour-
aged, as that ten Whale boats, be procured at the Charge of the
Province, & deliver'd to Brigadier Waldo or Order for the Use of
the said Forces; The Charge of the said AVhaleboats to be deducted
out of the Bounty granted on Scalps or Captives, if any should be
taken. If not, that said Whale boats be carefully preserved for the
Use of the Province. [Passed September 2.

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 4o

CHAPTER 103.

ORDER IMPOWERING THE GUARDIANS OF THE CHILDREN OF THE
LATE ICHABOD WADE, TO SELL REAL ESTATE.

A Petition of Hannah Wade one of the Daughters of lohabod Rlfords^of the
AVade late of Bridgewater dec'^ with the Guardians of the others, Council, xvm.,

Shewing that whereas the Personal Estate is not sufficient to pay — —

the Debts, the Selling of a part only will be greatly to the Disad- na^i^pi/ioMoe.
■vantage of the Heirs, Therefore Praying that they may be impow-
ered to sell the whole real Estate.

Head &

Ordered that the Guardians Avithin named be & they hereby are
fully impower'd to sell the Estate witliin mentioned, they giving
sufficient Security to the Judge of Probate for the County of Plym-
outh, that they will improve the Proceeds of said Sale for the Benefit
of the Minors & render him an Accompt thereof. \^Passed SejJtem-
ber 2.

CHAPTER 104.

ORDER IMPOWERING THE AGENTS FOR THE NORTH PRECINCT IN
EASTHAM TO GIVE CERTIFICATES OF FREEDOM FROM SMALL POX.

A Petition of Zoheth Smith & Elisha Holbrook, Agents for the Legislative

North Precinct in Eastham, Shewing that by means of the Small councif.xviii^,

Pox, being brought in among them, a great number of the People 221. Mass.

are dead & the Inhabitants exceedingly impoverish'd; And there- 234.

fore Praying that they may be exempted from paying any part of Mass.

the Province Tax ; & that some fit Persons may be appointed, to .^g^'^Hous^e^^''

give to the Masters of such Vessels trading there as may be free of Journal,

• • • T "HTi no 112

Infection Certificates thereof, to prevent the Infection being carried ^^" '

to other Places.

Read and

Ordered that M'' Isaiah Lewis Cap' Elisha Doane and M"" Edward
Righley Inhabitants of the Precinct abovementioned be authorized
and impowered to give Certificates as occasion may require to any
Person or Persons Inhabitants of the Town of Eastham s*^ Town
being now visited with the Small Pox; that they their Cloaths Ves-
sells and Cargoes are free from the Infection. And that His Excel-
lency be desired to give Order upon such Certificate being produced
at Castle William to the Commanding Officer: to Suffer such Vessells
to Pass. \_Passed September 2.

CHAPTER 105.

ORDER IMPOWERING THE COMMISSARY GENERAL TO CHARTER A
SLOOP FOR TRANSPORTATION OF WHALEBOATS.

Ordered that the Commissary General be directed to agree with Rlfor^foftug
Cpt. Benjamin Waite for the Hire of his Sloop to Nantucket, & Council, xviii.,
the Time he necessarily lies there at fifty shillings p Diem & from — .

Province IuAW^ (^Resolves, etc.) . — 1747-48. [Chaps. 10t3-108.]

?ai"p!iiT^" thence to [Falmouth in]' Casco Bay at Five pounds the run, in
consideration of the said Wait's transporting Eiglit Whale boats
from said Nantucket to said Falmouth. \^Passed SejJtemher 3.

CHAPTER lOG

ORDER DIRECTING THE COMMISSARY GENERAL TO DELIVER A
LOCK TO ROBT ADAMS.

FIRE-

KefirdsS the ^ PETITION of Eobert Adams of Sheepscot, Shewing that he was
Council, xviii., taken Prisoner by the Indian Enemy, while in the Service of the
Province, Praying that he may be allowed his Wages during the
Time of his Captivity, & be paid for a Firelock he then lost.
Eead & In Answer,

Ordered that the Commissary General be directed to deliver out
of the Province Stores a good Firelock, in lieu of that taken as
above mentioned. {^Passed SejHember 3.

House Jour-
nal, pp. 981/2,
112.

CHAPTER 107.

VOTE ACCEPTING THE REPORT OF THE COM'^'' IN REGARD TO FARM-
ING OF EXCISE IN BRISTOL COUNTY.

Legislative
Records of the
Council, xviii.,
222.

House Jour-
nal, p. 51.
Ante, p. 25,
chap. 51.

The Committee appointed to let to farm the Excise in Bristol
County gave in the following report ; viz*

The Committee who were appointed to farm the Excise of Liquors,
Limes & Lemons for the County of Bristol from the 11"^ Day of Sep-
tember 1746 to the 29"' Day of June 1748, have farmed the said
Excise to Samuel White Esq'' for One hundred & forty one pounds
seventeen shillings & seven pence in Bills of the last Emission, &
taken Bond with two Sureties for the Payment thereof to William
Foye Esq"" the Province Treasurer or his Successor in said Office
September 1. 1747 Sign'd

George Leonard,
Ephr'"^ Leonard,
James Williams.

Eead & Accepted.'^ \^Passed Septemher 3.

CHAPTER 108.

ORDER IMPOWERING SAM'- BURNELL TO ENTER AN ACTION.

Legislative
Records of the
Council, xviii.,
219, 223.

House Jour-
nal, pp. 109, 110,
llSVa-

A Petition of Samuel Burnell of Boston Cooper, Shewing that
at the Inferiour Court for the County of Suffolk held in July last.
Judgments were obtained against him in two Actions, one prose-
cuted against him by Joseph Gunnison & the other by the said Gun-
nison & Elizabeth Euby ; From both w^^ he appealed to the Superiour
Court now Sitting in Boston, & recognized to prosecute his Appeals;
but he being confined to Goal in the beginning of the Court, depended

' Inserted from Legislative Records of the Council, xvii. (5) , 1048.

^ The concluding action on this chapter is not found in the House Journal.

[1st Sess.] Province Laws {Resolves, etc.). — 1747-48. 45

upon his Attorney to enter his Appeals, w^'^ he forgot [or neglected] '
to do ; Therefore Praying that he may be now enabled to enter his
Appeals & the Court impower'd & directed to try them,

Eead together with the Answer of Benjamin Kent Attorney to the
Avithin named Joseph Gunnison & Elizabeth Ruby, And the Matter
being fully consider'd

Ordered that the Prayer of the Petition be so far granted, as that
the Petitioner (upon his paying the Costs hitherto sustained) be
allowed to enter th-e Action of Accompt, at the Superiour Court
now Sitting; And that the Justices of the said Court be & hereby
are impower'd [and directed] ^ to hear & try the said Cause, enter
up Judgment & award Exectition accordingly. \^Passed Sejjtember 4.

CHAPTER 109.

VOTE IN REGARD TO REPAIRS AT CASTLE WILLIAM.

Voted that his Excellency the Captain General be desired to give Legislative
Orders to the Committee for effecting the repairs at Castle "William ^uncu^ xvm!^,
that the Glacis of the new Battery be compleated & the Top of the '^'^a-
AYall be either Sodded or Shingled as soon as may be, & that Provi- House Jour. ^
sionbe made in the next Supply Bill for the Paym' of such repairs, province"^' ^'""
[Passed September 12. ^h?p^'m'"'""'

CHAPTER 110.

RESOLVE IN REGARD TO THE POWERS OF THE COMMISSIONERS TO NEW

YORK.

Resolved that as the Commissioners now at New York, are by Legislative
their Instructions fully impower'd to afford all necessary Aid & counctf, xviu^,

Assistance to the Indians of the Six Xations & others our Allies; "^

And the Proportion of this Governm'* Part of the Charge is left House Jour-
to the Discretion of said Commissioners, Nothing further is neces- ^nie!\>.2i,
sary to be done by this Court, upon the Subject Matter of said Let- chap.'se!^'"^"'
ters at this time. [Passed September 12.

CHAPTER 111.

VOTE CONTINUING THE ESTABLISHMENT OF THE WAGES FOR THE Legislative

MASSACHUSETTS FRIGATE. Records of the

Council, xvni.,
229.

Voted that the Wages of the Captain of the Massachusetts Frigate, House Jour.
the Gunner, the Boatswain & three Seamen be continued after the ^^'^/p ^^ff
Expiration of the present Establishm' till the first day of March chap! es.' '
next. [Passed September 12.

* Inserted from Legislative Records of the Council, xvii. (5), 1043.
^ Inserted from Legislative Records of the Council, xvii. (5) , 1050.

Province Laws (Besolves, etc.). — 1747-48. [Chaps. 112-114.]

CHAPTEE 112.

ORDER ALLOWING £100 FOR THE REPAIRS AT CASTLE WILLIAM.

Legislative
Records of tlie
Council, xviii.,
229.

House Jour-
nal, p. 121.
Province
Laws, iii., 357,
cliap. 2.
Ante, p. 45,
chap. 109.

Ordered that the Sum of One hundred pounds be granted out
of the publick Treasury & put into the hands of the Committee
to effect the repairs of Castle William [in order] ' to compleat the
Glacis of the new Battery & to sod or shingle the Top of the Wall
agreable to the Vote of Yesterday; Said Sum to be taken out of
the Appropriation for Grants; The said Committee to be account-
able. [Passed Sejjtember 12."

CHAPTER 113.

ORDER GRANTING LICENCE TO RETAIL STRONG DRINK TO JOHNSON

JACKSON.

Becordfof the ^ PETITION of Johusou Jacksoii shewiiig that for divers Years
Council, xviii., past he has been allowed to retail strong Drink in the Town of

m Boston, & was approbated by the Select men of the said Town for

?a^i^p! m^ the present Year, but at the Time of taking out Licencies from the
Court of General Sessions of the Peace for the County of Suffolk
he was hindred by Sickness from taking out his Licence ; And there-
fore praying that the Justices of the said Court may be directed to
renew his Licence at their next Term.
Read &

Ordered that the Justices of the General Sessions of the Peace
for the County of Suffolk, be & they hereby are allowed & impow-
ered to grant the Petitioner a Licence at their next Session, The
time for granting Licencies being elapsed Notwithstanding. [Passed
September SO.

CHAPTEE 114.

ORDER IMPOWERING THE COMMISSARY GENERAL TO SUE DELINQUENT

TRUCK MASTERS.

Legislative
Records of the
Council, xviii.,
230.

House Jour-
nal, p. 124.
Province
Laws, xiii., 529,
chap. 165.

Whereas Notwithstanding the Order of this Court pass'd the
fifteenth of January 1745, on the Commissary General's Accompt
of the Indian Truck Trade, "That he take the most effectual
Measures for recovering from the Truck Masters, or their Bonds
men the several Sums clue from them to prevent any Loss or Dam-
age that may otherwise accrue to the Province " there still remains
large Sums due to the Province from several of the Truck Masters;

Ordered that the Commissary General do without Delay put in
Suit the Bonds of the said defective Truck Masters in his hands
in Order to bring them to accompt, & recover what Sums they do
severally owe to the Province on the said Account. [Passed Sep-
tember 30.

' Inserted from Legislative Records of the Council, xvii. (5), 1061.

^ Adjourned to September 30. See Legislative Records of the Council, xviii., 229.

[2d Sess.] Province Laws (Mesolves, etc.). — 1747-48. 47

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Fourteenth Day of October, A.D. 1747.

CHAPTEK 115.

ORDER FOR ADJOURNING THE COURTS OF BARNSTABLE COUNTY.

Whereas a time for holding a Court of General Sessions of the Legislative
Peace, & Inferiour Court of Common Pleas at Barnstable within councif, xvm^,
& for the County of Barnstable, is by Law establish'd to be on the ^

third Tuesday of October Currant, & many Members of the Gen- House Jour- _
eral Court being under Obligations to give their Attendance at said province" '
Court of General Sessions of the Peace & Inferiour Court of Com- ^jfa^f 32"' ^*
mon Pleas, which renders it inconvenient for the beforemention'd
Courts to sit as aforesaid; Therefore,

Ordered that the said Court of General Sessions of the Peace &
Inferiour Court of Common Pleas, be adjourned to the third Tues-
day of November next. And all Officers & Persons concerned in said
Courts, are ordered to conform themselves to that time; And all
Writs, Pleas & Processes whatsoever are to be heard adjudged & deter-
min'd at that time, as fully to all Intents & Purposes, as if the said
Courts were held on the third Tuesday of October before mentioned.
[Passed October 14.

CHAPTEK 116.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
JACOB WYLEY TO REVIEW AN ACTION.

A Petition of Jacob Wyley of Woodstock, Praying for Lib- n^f ^^^"^f^j^
erty of reviewing at the next Superiour Court to be holden for the council, xviii.,

County of Suffolk an Action commenced against him by John AVood- ^

house, which went against him by Default, by reason of his depend- na°ytKi27"'"
ing upon the Promise of the Plaintiff to make up the Matter in
difference, & that Execution may be stay'd.

Read &

Ordered that the Petitioner serve the Attorney of the said John
Woodhouse, with a Copy of this Petition that he shew cause if any
he hath, upon Tuesday the twentieth Currant why the Prayer thereof
should not be granted ; & that Execution herein mentioned is stayed
in the mean time. [Passed October 15.

ttS

Pkovince l^AVf^ {Resolvei^, etc.) . — 1747-48. [Chaps. 117-120.]

CHAPTER 117.

ORDER DIRECTING PAYMENT OF THE WAGES OF SETH PUTNAM TO HIS

FATHER.

Rifordfof the Ordered that the Treasurer be directed to pay to Seth Putnam
Council, xviii., the Wages that are due to his Son Seth Putnam Dec'' upon the

'^:^ Muster Roll of Capt Josiah Willard; And that, the said Seth the

nail^p^ 128" Father be accountable to any Person that may be appointed Admin-
istrator upon the Estate of the said Deceased. [^Passed October 16.

CHAPTEE 118.

ORDER DIRECTING THE PAYMENT OF WAGES DUE MOSES HALL &
DANIEL BARKER.

Legislative
Records of the
Council, xvlii.,
235.

House Jour-
nal, p. 130.

Ordered that the Treasurer be directed to pay to M"' Hardy the
Wages due to Moses Hall & Daniel Barker, being Nineteen shillings
& two pence to each of them, they being omitted in Cpt. Jordan's
second Muster Roll. \_Passed October 16.

Legislative
Records of the
Council, xviii.,
235.

House .Jour-
nal, p. 130.
Province
Laws, xiii., 657,
chap. 187; 465,
chaj). 1.

CHAPTER 119.

ORDER ALLOWING £3 TO TIM^ BARRON.

A Petition of Timothy Barron, a Soldier in the late Expidition
ag**^ Cape Breton, Shewing that he is still disabled from Labour by
Lameness contracted in the said Service, Therefore Praying for some
further Allowance Read &

Ordered that the Committee of War pay into the Hands of Capt.
Chamberlain the sum of Three Pounds for the use of the Petitioner,
to be deliver'd him as said Chamberlain shall judge convenient.
\^Passed October 16.

CHAPTER 120.

ORDER ALLOWING £3 TO JAMES PEIRCE.

Legislative
Records of the
Council, xviii.,
236.

House Jour-
nal, pp. 128, 129.
Province
Laws, xiii., 465,
chap. 1; 6.53,
chap. 176.

A Petition of James Peirce, a Soldier in the late Expidition
against Cape Breton, Shewing that he is still disabled from Labour,
by Lameness he contracted in that Service & Praying for further
Allowance.

Read &

Ordered that the Sum of Three Pounds, be allowed by the Com-
mittee of War to be put into the Hands of Capt. Gardner for the
Use of the Petitioner. \^Passed October 16.

[2d Sess.] Province Laws {Resolves^ etc.). — 1747-48. 49

CHAPTER 121.

ORDER ALLOWING £4 TO ALEX''- TARRANT.

A Petition of Alexander Terrant, a Soldier in the late Expidi- Rlfor^g^of t,,e
tion against Cape Breton, Shewing that he is still disabled from Council, xvm.,

Labour by the Wounds he received in that Service, & Praying for ~

some further Allowance. nai^rK m'^"

Read & _ Law^xm. m.

Ordered that the Sum of Four pounds be allowed the Petitioner chap^i"; e-is,
by the Committee of ^yar in full for his Sufferings herein men- <^'^*v-^o.
tion'd. \_Passed October 16.

CHAPTER 122.

ORDER ALLOWING THE ACC^ OF THE TREASURER OF PLYMOUTH CO.

An Accompt presented by Edw** AYinslow Esq"" Treasurer of the Legislative
County of Plymouth for the year 174G, Having been presented by c^unc*if,xvii%
him to the Court of General Sessions of the Peace for said County '^

& by them allowed ; House Jour-

T-r 1 r, ' nal, pp. 13, 123,

Kead & i28.

Ordered that this Accompt be allowed & that the Ballance thereof
being Fifteen pounds nine shillings & nine pence half peny the said
Treasurer be further accountable to said County for. \^Passed Octo-
ber 16.

CHAPTER 123.

ORDER GRANTING THE PETITION OF ROB^ BALL FOR A NEW MOORING
AT THE LIGHT HOUSE.

A Petition of Robert Ball, Keeper of the Lighthouse, Shewing Legislative
that he stands in need of an Anchor & Mooring for the Boat, belong- councff xii*n*
iiig to the said Light House, Praying that he may be furnish'd with 241. Mass.

, 1 ° ^ 1 J b J Archives,

them. lxiv.,276.

In the House of Rep^^^ Mass.

Read and t'^^ll:!:

Ordered that M"^ Hubbard and M'' Russell with such as the Hon^'*^ House Jour-
Board shall Joyn Provide at the publick Charge a New mooring for '^*»pp-1-'^»
the Use of the within mentioned Boat.

In Council Read and Concurr'd and Jacob Wendell Esq"" is Join'd
in the affair. [Passed October 16.^

' This date is according to Mass. Archives and the House Journal ; according to Leg-
islative Records of the Council the date is October 20.

Province LAws(i?eso?yes, ete.). — 1747-48. [Chaps. 124-126.]

CHAPTER 124.

Legislative
Records of the
Council, xviii.,
236.

House Jour-
nal, p. 130.
Province
Laws, iii.,370,
chap. 9.

VOTE ALLOWING PAY AND SUBSISTENCE FOR 12 MEN AT RICHMOND

FORT.

Voted that Pay & Subsistence be allowed to twelve Centinels at
Fort Richmond from Nov'" 20. 1740 to Nov"" 20 1747. over & above
the Establishm* of Twelve Men allowed in the Act for establishing
the Wages of sundry Persons in the Service of the Province, pass'd
September 2. 1747. \^Passed October 17.

CHAPTER 125.

ORDER IMPOWERING EUNICE NEWELL, EXECUTRIX, TO SELL REAL

ESTATE.

Legislative
Records of the
Council, xviii.,
237.

Mass.
Archives,
xviii., 2,')6.
House Jour-
nal, p. 162
(February,
1743) ; pp. 130,
181.

A Petition of Eunice Newell Widow, & Executrix of the last
Will & Testament of Cpt. Andrew Newell dec'' Shewing that by
reason of a Mistake in her former Petition to this Court,' for Lib-
erty to sell the Deceased's real Estate, for the Payment of his Debts,
& some Defect in the Order thereon. She lost the Benifit of it; And
therefore Praying that She may be now fully impower'd to sell what
may be necessary of said Estate for that Purpose.

Read &

Ordered that the Prayer of the Petition be granted, & that the
Petitioner be & She is hereby authoriz'd, in her Capacity of Exec-
utrix, of the last Will & Testament of the said Deceased, to sell
(to the best Advantage that may be) in consequence of the publick
Notice thereof already given, so much of his real Estate (as can
be spared with the least Prejudice to the whole) as may be neces-
sary to discharge his just Debts, & to execute a good & Sufficient
Deed or Deeds of Conveyance of the same. Any Mistake in her
former Petition or the Order thereon notwithstanding; provided
before any such Sale be made, the Petitioner give sufficient Cau-
tion to the Judge of Probate for the County of Middlesex to be
accountable for the Produce of the Premises, & to dispose thereof
as the Law directs. [Passed October 17.

CHAPTER 126.

Legislative
Records of the
Council, xviii.,
239.

House Jour-
nal, p. 131.
Ante, p. 16,
chap. 27; p. 19,
chap. 36.

VOTE FOR THE ESTABLISHM^ OF THE FORCES ON THE FRONTIERS.

Voted tliat the Establishment for the Pay & Subsistence of the
Eorces on the Eastern & Western Frontiers, w'^'' expired the fifteenth
Instant be further continued to the twenty sixth Instant; And

that after the said Twenty sixth Instant there be granted & allowed
Pay and Subsistence according to the latest Rates to Four hundred
& eighty nine Men only to the first day of March next; And that
his Excellency the Captain General be desired to give Orders for

' The Mass. Archives record reads that she petitioned " the Superiour Court '' instead of
" this court."

[2d Sess.] Province Laws (^Resolves, etc.). — 1747-48. 51

the Eeduction of the said Forces, to the Number of Four hundred
& eighty uine accordingly ; and that new Men be enlisted or im-
press'd in the room of all such as have been in the Service above
twelve jMonths & desire to be dismissed ; And that his Excellency
be also desired to give Order, that the said Forces be posted in the
following manner viz. for garrisoning of the Fort & Blockhouse at
S' Georges Seventy Men, at Pemaquid twenty four men; At Eich-
mond Fort, twenty four Men; At Fort George in Brunswick twelve
Men; At the Truckhouse on Saco Eiver twelve Men; & for guarding
the most exposed parts of the Towns & Settlements from Salmon
Falls to Damaras Gotta Eiver, Two hundred six Men, including eight
Inhabitants of Philips Town seven of Gorham Town, & nine of New
Marblehead: And that the Garrison at Fort Massachusetts, con-
sist of Thirty Men, the three Blockhouses in the Line next the East-
ward thereof, fifteen each; Number four Thirty men; Ashuelets
Fifteen Men, & also twenty one poor Inhabitants to serve by Turns,
as has been heretofore Ordered by the Court; Viz Inhabitants of Fall
Town Six; Colrain Ten; Pagoig, five; And that the Government of
Connecticut be desired to send Fifty Men to Deerfeild & Northfeild
for the Security of those Towns this Winter. \^Passed October 20.

CHAPTER 127.

ORDER ALLOWING £1. 1. 6 TO D" JOHN RUSSELL.

A Memorial of Docter John Eussel, Praying that his Charge [be Legislative
allowed] of Medecines & Attendance on an Indian Soldier in the late coundf xVin^
Expidition against Cape Breton, named Francis, wounded in said •2'to.

Service. House Jour-

-D TO nal, p. 134.

Jteacl & Province

Ordered that the Prayer of the Petition be granted. And the Com- ^tfa^^'f^'"-'*^^'
mittee of War are directed to pay the Memorialist the Sum of One
Pounds one shilling & six pence accordingly. [Passed October 20.

CHAPTER 128.

ORDER IMPOWERING THE N« YARMOUTH PROPRIETORS TO LEVY A
TAX OF ONE FARTHING PER ACRE ON LAND.

On the Petition of the Proprietors of North Yarmouth \ante, Legislative

.. , ^„T -^ "- Records of the

p. 41, chap. 99 J Council, xviii.,

Ordered that the Prayer of the Petition be granted, & the As- -^

sessors of the Town of North Yarmouth are hereby impower'd to ^a^yp^m'^
impose a Tax of one farthing per Acre annually for three years Ante, p. d,
next ensuing, on all the Appropriated Lands in the Township of ^ ^^' ^'
North Yarmouth, except those Lands appropriated since May 15.
1742, accordingly. [Passed October 20.

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 129-131.]

CHAPTEE 129.

ORDER GRANTING TO JONAS ADAMS A LICENCE TO KEEP AN INN.

Legislative
Records of the
Council, xviii.,
•240.

House .Jour-
nal, p. 135.

A Petition of Jonas Adams of Salem, Shewing that he has
obtain'd the Approbation of the Select Men of said Town for his
keeping a Tavern there & therefore Praying that this Court would
impower the Court of General Sessions of the Peace for the County
of Essex to grant him a Licence at their next Term.

Read &

Ordered that the Justices of the General Sessions of the Peace
for the County of Essex be allowed at their next Session, if they
see cause to grant the Petitioner a Licence, the Time for granting
Licences being elapsed notwithstanding. [^Passed October 20.

CHAPTEE 130.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE AFFAIR
OF THE MASHPEE INDIANS.

Legislative
Records of the
Council, xviii.,

236, 242.

Legislative
Records of the
Council, xviii.,

237. House
Journal,
pp. 131, 135.

A Petition of Joseph Waampton *& others Indians of Mashpee,
Praying that this Court would order Solomon Briant, their Minister
may be allowed still to improve those Lands in Mashjjee, which have
been under his Improvement, so long as he shall continue to be their
Minister.

[Read and referred to a committee]

The Committee appointed to consider the Petitions of the Mashpee
Indians & their Complaints ag^' the Conduct of their Guardians in
leasing out their Lands, have heard the said Guardians & Solomon
Briant, Agent for said Indians, & are of Opinion that their Com-
plaint be dismiss'd as Groundless. And further report that in
answer to the other Petition of a smaller number of said Indians
in behalf of their Minister, It be recommended to said Guardians,
to sett off some reasonable Share of the Indian Lands to Solomon
Briant, their Minister, for his own Improvement or allow him the
Incomes of such Share, Provided that a Major Part of the Pro-
prietors regularly assembled shall pass a Vote for that purpose;
Which is humbly submitted. per Order

Joseph Wilder

Read &

Ordered that this report be Accepted. \^Passed October 20.*

CHAPTEE 131.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE GRIEV-
ANCES OF THE GAY HEAD INDIANS.

Record"of the ^ PETITION of Joseph Powit, & others Indians of Gayhead in
Council, xviii., Martha's Vineyard, Complaining against William Hunt (one of
- their Guardians) & others, for taking from them the Improvem'

^ This date is according to the House Journal ; according to Legislative Records of the
Council the date is October 21.

241, 243.

[2d Sess.] Province Laws {Resolves, etc.). — 1747-48. 53

of their Lands & other Abuses offer'd them, Praying for Redress Legislative
from this Court. _ Knciin^viiL,

The Committee appointed to consider the Petition of a number ^p. House
of Indians belonging to Martha's Vineyard, Complaining of the pp. 131, 135.
hard Measures that they meet with from their Guardians, are hum-
bly of Opinion that the said Guardians be served with a Copy of
the said Petition & required to send an Answer in writing together
with an Account of their Proceedings in said Trust, for the Con-
sideration of the Court at their next Sitting: And that in the mean
time, they be directed to forbear making any Leases of the Indian
Lands.

Which is humbly submitted per Order

Joseph Wilder

Eead &

Order'' d that this report be Accepted. \^Passed October 20.^

CHAPTER 132.

VOTE APPOINTING ABRAHAM BELKNAP DOORKEEPER PRO TEMPORE. Legislative

Records of the
Council, xviii..

Voted that M"" Abraham Belknap be appointed Door Keeper to 2^2^

his Excellency the Governour & this Court during the Indisposi- House Jour-
tion of M' Eichard Hubbard. [Passed October 21. °^^' p- ^^"•

CHAPTER 133

ORDER ON NANTUCKET INDIANS GRIEVANCES. Legislative

Records of the
k r* p T TT r.-»x 1 • iT-i Council, xviii.,

A Complaint 01 divers Indians 01 jMantucket against the Lng- 211. Mass.
lish Inhabitants there, for unjustly taking their Land from them, xxxi.^ssi.
& hindering them from planting & feeding on it. Praying for relief. Legislative

[Read and] ^ Records of the

Ordered that the Committee appointed in March last above refer'd 89, 213, 242.
to, be, & hereby are directed to repair to Nantucket as soon as they naTpp^sMs^-
conveniently can & inquire into the Matters of Grievance complained Province
of by the Indians & report the true State of those Affairs. ° [Passed 689, chap. 2^.
October 21.

CHAPTER 134.

ORDER WITH STAY OF EXECUTION IMPOWERING THO« FRENCH TO
PROSECUTE AN APPEAL.

A Petition of Thomas French of Braintree, Complaining of the Legislative
Proceedings of Hugh Hall Esq^ one of his Majesty's Justices of the c^undf, xiK
Peace for the County of Suffolk in an Action brought against him 228. Mass.
by William Pennyman «& particularly in his denying him an Appeal 467? ^^^^'^"■'
from his Judgment, Praying that he may be allowed to prosecute Mass^
his Appeal & Execution be stayed in the mean time. ^e^^^House"^''

' This date is according to the House Journal ; according to Legislative Records of the
Council the date is October 21.

^ The House Journal, p. 138, adds after the word affairs, "to this Court."

54: Province Laws {Resolves, etc.) . — 1747-48. [Chaps. 135-187.]

Journ.al, pp. 99,
100,117,121,141,
142.

Eead & it appearing that the adverse Party has been serv'd with
a Copy of this Pet° but no Answer given in,

Ordered that the Prayer of the Pet" be granted, And the Pef is
hereby allowed to prosecute his Appeal from the Judgm*' within
mention'd at the next Inf'' Court of Common Pleas to be holden
for the County of Suffolk in January next, the not entring into
Eecogiiizance according to Law notwithstanding, And Execution
mention'd is staid in the mean time ; The Pef to notify the adverse
Party fourteen davs at least before the Sitting of S*^ Court. \^Passed
October 22.

CHAPTER 135

ORDER ALLOWING £4 TO JOHN M^FARLAIN.

Legislative
Records of the
Council, xviii.,
244.

House Jour-
nal, pp. 134, 139.

A Petition of John Macfarlain of Pemaquid, Praying for some
Consideration for his being wounded by the Indian Enemy, whilst
he was in the publick Service, whereby he is disabled from labour-
ing for his Support.

Eead &

Ordered that the Treasurer be directed to pay the Petitioner Four
pounds out of the publick Treasury in consideration of his Suffer-
ings herein mentioned. \^Passed October 22.

Legislative
Records of the
Council, xviii.,
244.

House Jour-
nal, pp. 138, 141.

CHAPTER 136.

ORDER ALLOWING £3 TO W^' STErVENS,

A Petition of William Stevens, a Soldier in the Service of this
Government, Praying for some Allowance out of the publick Treas-
ury, in consideration of a Wound he accidently receiv'd in cutting
Wood &c.

Eead &

Ordered that the Petitioner be allowed Three pounds out of the
publick Treasury in consideration of his Sufferings abovemention'd.
[Passed October 22.

CHAPTER 137.

ORDER ERECTING DIVERS OF THE INHABITANTS OF ROCHESTER, MID-
DLEBORO' DARTMOUTH & TIVERTON AND THEIR ESTATES INTO A
SEPARATE PRECINCT.

Legislative
Records of the
Council, xviii.,
212, 244.

Legislative
Records of the
Council, xviii.,
240,241. House
Journal,
pp. 97^2, 134,
143.

A Petition of Joseph Ashley & forty five others, Inhabitants of
the Towns of Eochester, Middleboro', Dartmouth & Tiverton, Set-
ting forth the Inconveniences they are under in attending upon the
publick Worship in the several Towns to which they belong. And
Praying that they & their Families & Estates may be erected into
a seperate Precinct with others in said Towns, that may be willing
to join with them within five years.

Eead «&

Ordered that this report be Accepted, & that all the Petitioners,

[2d Sess.] Province Laws {Resolves, etc.). — 1747-48. 55

(except William Ashley, Stephen Andros & John Burden belonging
to the Town of Freetown) with their Families & Estates together
with such others of the first Parish in Rochester & the Town of
Dartmouth, as shall in the space of twelve Months from this time,
join with them, & return a List of their ISTames into the Secretary's
Office within that Term, be and liereby are made a distinct & seperate
Precinct or Parish accordingly, & vested with such Powers & Privi-
ledges as other Precincts or Parishes within this Province do or by
Law ought to enjoy: Provided the whole included in the said first
Parish in Rochester do not exceed a fourth Part of the rateable Estate
of said Parish. [^Passed October 23.

CHAPTER 138.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF
GOV^ BELCHER FOR A CHANGE OF VENUE IN A TRIAL OF TITLE TO
LAND.

A Petition of Jonathan Belcher Esq"" Governour of New Jersey, Legislative
Shewing that he has an Action depending in the Superiour Court councif xvm^,
to be held at Taunton in the County of Bristol, between him & one 245. Mass. '
Samuel ' Peirce, in the Event of which Action almost all the In- 477 ' ' '

habitants of the said County are in some respect or other interested ; Mass.

And therefore Praying that the said Action may be removed to some 475^^'^House^"''

other County in this Province. joumai.p. 14-2.

Read &

Ordered that the Pef serve the adverse Party the within named
Samuel Pierce with a Copy of this Petition that He shew Cause if
any he hath on the first Thursday of the next Sitting of this Court,
why the Prayer thereof should not be granted. And the Tryal of
the Cause withinmentioned is stayed in the mean Time. [^Passed
October 23.

CHAPTER 139.

ORDER APPOINTING JOHN STEEL JOINT ADMINISTRATOR OF AN ESTATE.

A Petition of John Steel of Boston Merch* Shewing that his Legislative
late Wife Mary Steel (with M"" Temple Nelson) were Administrate counc*if, xiiu!',
of the Estate of her former Husband Paschal Nelson dec'^ That 246. Mass.

Arcnivcs

most of the Affairs of that Administration were transacted by the xviii., 268.
Petitioner, since his Litermariage with the said Mary, in which he Mass.
has advanced considerable Sums out of his own Estate, Therefore xviii'.^^2l!6.
Praying that he may be impower'd by this Court to proceed in & House Jour-
finish the said Administration. '^^' '

The Committee appointed on the foregoing Petition made Report '^
thereon, which was read & accepted, And thereupon

Order\l that y*^ Prayer of the Petition be so far granted as that
the Judge of Probate for the County of Suffolk be & he is hereby
authorized to admit the Petitioner (in conjunction with the other
surviving administrator) to the administration of the said Deceased's
Estate, in the room and stead of his Deceased Wife, and to make up

* The House Journal, p. 142, reads, " James."
^ This report has not been found.

Pbovince Laws (Resolves, etc.). — 1747-48. [Chaps. 140-14.3.]

accompts of his and her Proceedings therein, and to do and transact
whatever may be further Needfull to compleat the administration &
Settlement of the said Estate as effectually as his Deceased Wife
(had She lived) might have done in her said Capacity : He giving
Security (as the Law directs) for the faithfull Discharge of that
Trust. [Passed October 23.

Legislative
Records of the
Council, xviii.,
247.

House Jour-
nal, p. 145.
Ante, p. 46,
chap. 112.

CHAPTER 14:0.

VOTE ALLOWING £100 FOR Y^^ REPAIRS AT CASTLE WILLIAM.

Voted ' that the Sum of One hundred Pounds be granted out of
the publick Treasury & put into the hands of the Committee for
effecting the Repairs of Castle William ordered the eleventh of Sep-
tember last; The said Sum to be taken out of the Appropriation for
Grants; The Committee to be accountable. [Passed Octoher 24.

CHAPTEE 141.

Legislative
Records of the
Council, xviii.,
247.

House Jour-
nal, p. 145.
Province
Laws, iii., 357,
chap. 2. Ante,
p. 29, chap. 65.

ORDER ALLOWING £150 FOR ¥■= CHARGE OF Y^ FLAG OF TRUCE.

Ordered that the Sum of One hundred & fifty Pounds be granted
out of the Publick Treasury & put into the hands of the Committee
for providing a Flag of Truce, to discharge the portlidge Bill &c.
The Committee to be accountable, said Sum to be taken out of the
Appropriation for Grants, [Passed October 24.

Legislative
Records of the
Council, xviii.,
247.

House Jour-
nal, pp. 128, 144.
Province
Laws, xiii.,
465, chap. 1;
623, chap. 89.

CHAPTER 112.

ORDER ALLOWING £12. 10 TO MOSES HOYT.

A Petition of Moses Hoyt a Soldier in the late Expedition against
Cape Breton, Praying for some further Allowance for his Wounds
received in the said Service by which he is still disabled for Labour.

Read &

Ordered that the Committee of War be directed to pay the Pef
twelve Pounds ten shillings for his Releif. [Passed October 24.

Legislative
Records of the
Council, xviii.,

248.

House Jour-
nal, p. 146.
Love's Fast
and Thanks-
giving Days of
New England,
p. 495. Post,
p. 61, chap. 156.

CHAPTER 113.

VOTE FOR A PUBLIC THANKSGIVING.

Voted that his Excellency be desired with the Advice of his Maj-
esty's Council to appoint a Day of publick Thanksgiving "" to Almighty
God in Consideration of the many Favours received in the Course
of the Year past ; And that all servile Labour be forbidden on the
said Day. [Passed * October 26.

' The House Journal p. 14.5, reads, " Ordered."

- The Thanksgiving was appointed for November 26, 1747, and was public.

[2d Sess.] Province Laws {Resolves, etc.). — 1747-48. 57

CHAPTER 144.

ORDER ERECTING THE INHABITANTS OF ACUSHNET VILLAGE INTO A
SEPARATE PRECINCT.

A Petition of Zacheus Toby, & a considerable number of others, Legislative
Inhabitants of Ashuelot ' Village in Dartmouth, Shewing the great c^unctf xli^ii^
Difficulties, they are under in setling a Gospel Minister among them, 212,248.'
& Praying that the said Village may be erected into a Precinct, & Mass.
invested with the Powers & Priviledges that other Precincts within ^s?*^ LegisiaT''

this Province enioy. tive Records of

T-> T o A 11 ''h*^ Council,

Kead & Accepted & xviii., 239.

Ordered that the Village of Acushnett be and hereby is erected na*i!^pp. 1^^135,
into a distinct & separate Precinct (except those Families & their J,*|^ ^ap'is;
Estates that have by this Court been set off to the new Parish in
the Town of Eochester) & that they enjoy all the Priviledges that
other Precincts by Law enjoy. Saving that in making their Taxes
for settling & supporting a Minister & Ministers, they shall exempt
not only all Quakers & Anabaptists, who are by Law exempt, but
all such as shall hereafter commonly attend the Quakers or Ana-
baptists Meetings; And that any Person or Persons within the Town
of Dartmouth (except those Families set off to the Parish in Roches-
ter aforesaid) shall have Liberty to Join with said Precinct by entring
their Names with the Precinct Clerk, or in the Secretary's Office, &
by their so doing shall be included in said Precinct with their Estates
& enjoy the Priviledge thereof. [Passed October 27.^

CHAPTER 145.

ORDER APPOINTING A COMM'^e'= FOR BURNING TORN & DEFACED BILLS

OF CREDIT.

In the House of Represent^®® Legislative

Ordered that M-" Speaker, M-- Allen, M^ Hubbard, M^ Russell, couSxviu^
Cap* Wiswall, Cap' Adams & Col" Heath with such as the Hon^''« -_^

Board shall join, be a Committee to take an Accompt of the Old House .lour-
& Middle Tenor, & of all torn & defaced Bills, of every Denomi- ' '
nation in the Treasury, & consume them to Ashes, & make Report
thereon.

In Council, Read & Concur'd, And John Osborne, Jacob Wendell,
Samuell AVatts, Ezekiel Cheever, John Wheelwright & Andrew Oliver
Esq" are joined in the Affair. [Passed October 27.

CHAPTER 146.

ORDER DIRECTING THE PAYMENT OF 27/ EACH TO SAM^- WILSON &

OTHERS.

It APPEARING that Samul Wilson, John Chadburn, John Stan- Legislative
ning & Joshua Chadburn, four of the Inhabitants of Phillips Town councff xviil^

249. "'
* Both Mass. Archives and the House Journal read, ^' Actishnett.^' — '■

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

Province Laws {Resolves, etc.) . — 1747-48. [Chaps. 147-149.]

House Jour-
nal, p. 148.

ill the Pay of the Province, are not born upon any Poll from the
twelfth of April to the twelfth of May, 1746, Therefore,

Ordered that the Treasurer be directed to pay to said Persons
Twenty Shillings each in full for their Wages for that Term.
[Passed October 27.

CHAPTER 147.

Legislative
Records of the
Council, xviii.,
250. Mass.
Archives,
Ixxiii., '2.

Mass.
Archives,
Ixxiii., 2.
House Jour-
nal, p. 150 bis.

ORDER ALLOWING 17/ 6 EACH TO JN"^ MORSE & OTHERS.

A Petition of John Morse, Ej^hraim Payson, Simon Hadley
Soldiers on the Eastern Frontiers the last Year, Shewing that by
a Mistake in the Muster Poll they were cut off several days of their
Pay & Subsistence, Praying that this Court would make up that
Deficiency to them.

Pead and

Ordered that the Treasurer be directed to pay to the within named
John Hixsoii John Morse Ephraim Payson and Simon Hadley Seven-
teen Shillings and Six pence each in consideration of their being
made up Short that Sum in the Muster rolls. [Passed October 21 .

Legislative
Records of the
Council, xviii.,
250. Mass.
Archives,
lxxii.,742.

Archives,
Ixxii., 743.
House Jour-
nal, pp. 100,
1131/2, 150.
Province
Laws, xiii., 465,
chap. 1.

CHAPTER 148.

ORDER ALLOWING £5 TO CLEMENT CHAMBERLAIN.

On THE Petition of Clement Chambelain a Soldier in the late
Expedition ag^' Cape Breton, praying that he may be reimbursed
the Charges he has been at on the Account of his Sickness occa-
sioned by that Service

Ordered that the Comm'^^ of War Allow the Pef five pounds in
consideration of the Charge respecting Doctor's and Nurses within
mentioned. [Passed October 27.

CHAPTER 149.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF
JOHN HIGGINSON, ELIZABETH HIS WIFE, ADM^, AND JOHN DODGE FOR
WRIT OF REVIEW.

Legislative
Records of the
Council, xviii.,
251. Mass.
Archives,
xviii., 272.

Mass.
Archives,
xviii., 270.
House Jour-
nal, p. 154.
Province
Laws, xiii., 673,
chap. 233.

A Petition of John Higginson & Elizabeth ' his Wife Admin-
istrate of the Estate of her late Husband John Wolcot late of Salem
Esq' Dec'' and of John Dodge late Attorney to the said Wolcott,
shewing that they were impowered by this Court in the Year 1746,
to bring their Action of Peveiw to the- Sujieriour Court for said
County of Essex of a Judgment against the said John Wolcott, &
the Petitioner Dodge by Nathan Bowen upon a Note of Hand, but
by the Death of the said Wolcott the Tryal was prevented ; There-
fore praying that they may have a Tryal of the said Keveiw at the
next Superiour Court, that in the mean Time, no Process may be
had by Writt of Scire facias on on ^ the Judgment at the Appeal,
& that no Process may be had upon the Bond given by the said
Dodge upon taking out his Writt of Reveiw.

^ The House Journal, p. 154, omits the mention of the petition of John and Elizabeth
Higginson.
'' Sic.

[2d Sess.] Province Laws (liesolves, etc.). — 1747-48. 59

Eead and

Ordered that the Pef serve Nathau Bowen within named 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 all Procedings are Stayed in the mean
time Provided the Pet"^ give sufficient Security to the Sheriff of the
County of Essex to Pay the Sum that shall finally be recovered with
Interest from this time. {^Passed October 30.

CHAPTEE 150.

ORDER ALLOWING £6 TO EDMUND PHINNEY.

A Petition of Edmund Phinney a Soldier in the Eastern Parts, Legislative
shew*^ that he with two others being beset by a Number of French couucif xVili^
& Indians the Pef was wounded in his right Arm, by which he is '^q--
disabled from labour, praying for some Allowance out of the pub- House Jour-

T 1 rr ' r J o 1 nal, p.l55.

lick Treasury, ' *^

Read &

Ordered that the Pef be allowed out of the publick Treasury
Six Pounds in Consideration of his Sufferings herein mentioned.
'iPassed October 31.

CHAPTEE 151.

ORDER ACCEPTING THE REPORT OF THE COMMtee qN THE PETITION
OF NATH'- WELLES & JOHN KINSMAN AND EXEMPTING THEM FROM
TAXES IN THE FIRST PARISH OF IPSWICH.

A Petition of Nathaniel Welles, & John Kinsman of the first Legislative
Parish in Ipswich, Shewing that by Mistake they have lapsed the councif.xviii^,

Time for giving in their Names at the Secretary's Office in order '^^< '■^^^-

to be set off to the new Parish & Praying that they may be now ^^^ordf^f th
allowed that Benifit. Council, xviii.,

■Rno/1 Qt 251- House

Iteau iV Journal,

Ordered thai the Report be Accepted,' That the Prayer of the ^^ovin'ce^^' ^^*"
Petition be granted, & that the Petitioners with their Estates be & Laws,xiii.,60o,
hereby are discharged from all Ministerial & other Charges in the *^'^"i^-^^-
first Parish, & be joined to the new Parish in the Town of Ipswich,
there to do Duty & enjoy the like Priviledges with ^ others in the
same Parish do or by Law ought to enjoy. [Passed October 31.

CHAPTEE 152.

ORDER DIRECTING THE COMMISSARY GENERAL TO DELIVER A FIRE-
LOCK TO RORT MOFFAT.

A Petition of Robert Moffat, shewing that while he was in the Legislative
publick Service, he was taken Prisoner by the Indians, being wounded councif xvni^
by them, & endured the hard Captivity of sixteen Months, Praying 253. Mass.

^ This report has not been found.

* The House Journal, p. 154, reads, "which."

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 153, 154.]

Archives,
Ixxiii., 1.

House Jour-
nal, pp. 128, 154.

that he may be allowed his Pay & for his Sufferings during that Time,
as also for the Loss of his Gun taken from him by the Enemy.

Read and

Ordered that the Commissary General be directed to deliver to
Capt Gutteridge of Lunenburgh for the Use of the Pet' a Fire
Lock out of the Province Stores in full consideration of this Pet".
\^Passed October 31.

Legislative
Records of the
Council, xviii.,
253.

House Jour-
nal, p. 157.
Province
Laws, xiii., 596,
chap. 8.

CHAPTER 153.

VOTE DIRECTING THE COMMISSARY GENERAL AT ALBANY TO RENDER
AN ACCOUNT OF THE PROVINCE STORES.

Voted that the Committee of War be directed to write as soon as
may [be] to the Commissary at Albany, ordering him forthwith to
cause a thorough Search to me ' made into the Pork & Beef belong-
ing to this Province, & to give a full & exact Account of the State
thereof, as also a particular Acco^ of all the other Stores, what Parts
are sold, how dispos'd of, &, what remains with him. \^Passed Novem-
ler S:'

CHAPTER 154.

MESSAGE OF GENERAL COURT REQUESTING THE GOVERNOR TO ISSUE
A PROCLAMATION OFFERING A REWARD FOR THE APPREHENSION
OF THE RING LEADERS IN THE BOSTON RIOT.

Legislative
Records of the
Council, xviii.,
261.

Legislative
Records of the
Council, xviii.,
258,259. House
Journal,
pp. 168, 169, 170.

Sam^"- Welles Esq^ from the Committee on the Affair of the
Riot &c. further reported the Draught of a Message to his Excel-
lency the Governour. which was Accepted by both Houses with
Amendments; And as amended is as follows; viz*^.

May it please your Excellency The two Houses being very

sensible of the Criminal Nature & most dangerous Tendency of the
horrid riotous Insult against Your Excellency & the General Court
in their present Session, are very desirous that all proper Means
be used to bring to Punishment the profligate Persons concerned
therein.

The two Houses would pray your Excellency as soon as may be,
to issue a Proclamation by Advice of Council, promising a Reward
of One hundred Pounds old Tenor to any Person or Persons, not
concerned in the said Insult, who shall inform of any one of the
Heads or Ringleaders thereof, so that he be convicted, & propor-
tionably for more ; And offering that any Person concerned in the
said Insult, shall inform of any of the said Heads or Ringleaders
so that he or they be convicted, shall be forgiven & excused from
Punishment,

And for quieting the Minds of such of the Inhabitants as have
been ruffled by the late Impress, We pray your Excellency would
assure them that all due Care shall be taken for Maintaining their
just Rights & Liberties, & for redressing all & every Grievance: —

Agreable to which Message tlie Secretary having prepared the
Draught of a Proclamation for apprehending the the ^ Rioters &c.

* Written "be," in State Library copy, Legislative Records of the Council, xviii., 242.
^ Adjourned to November 17. See Legislative Records of the Council, xviii., 257.
3 Sic.

1'2d Sess.] Province Laws (^Resolves, etc.). — 1747-48. 61

he laid it before the Council ; And it was approved of, And there-
upon,

Advised that his Excellency issue the said Proclamation And
his Excellency having signed the said Proclamation, It was pub-
lished at the Head of the Regiment of Militia of the Town of Bos-
ton then under Arms in Kings Street, \^Passed November 21. .

CHAPTER 155

VOTES ALLOWING DIVERS SUMS FOR HULKS &c. TO CERTAIN PERSONS.

Voted, that there be allowed & paid out of the publick Treasury Legislative
to Jacob Wendell Esq' & Company for the Ship Boston Merchant councu! xvi*£

& Disbursement in preparing her for a Hulk, the Sum of One hun- ^

dred & thirty Pounds eighteen Shillings & nine pence in full Dis- House Jour-
charge thereof: Also

Voted that the Sum of One hundred & eleven Pounds thirteen
Shillings & eight Pence be allowed to Cpt. John Steel & Company
for the Ship Mary & Disbursements for the Use aforesaid Also

Voted that the Sum of One hundred & eighty five Pounds sixteen
Shillings & three pence be allowed M' John Denny Jun"" for the Ship
Duke of Cumberland & Disbursements for the Use aforesaid Also

Voted that the Sum of Five Pounds nineteen Shillings & eight
pence be allowed Cpt. Jeffry Bedgood for his Expence in preparing
the said Hulks: Also

Voted that the Sum of Thirty seven Pounds five Shillings & five
pence be allowed to Cpt Henry Atkins for his Time & Disburse-
ments upon the said Hulks. [Passed Novembei' 24.

CHAPTER 156.

ORDER FOR ADJOURNING V^ SUPERIOUR COURT IN SUFFOLK COUNTY.

Whereas the Superiour Court &c, for the County of Suffolk ^|f^^j.d"ofthe
stands Adjourned to this Day, »& thro Stress of Weather two of council, xviii.,

the Justices of the said Court are detained from Attending the '^^

same. And Thursday the twenty sixth Current being appointed for cjfap'. lis^^'
a Day of publick Thans Giving thro out this Province, so that their
being no Prospect of much Business being done at said Court this
Week ;

Ordered that any two of the Justices of the said Court be directed
& they are hereby authorized & directed to make another Adjourn-
ment of the said Court to the first of December next.* [Passed
November 24.

CHAPTER 157.

ORDER IMPOWERING ELIZ^ BELCHER, AD^ AND GUARDIAN, TO SELL

LAND.

A Petition of Elizabeth Belcher, Widow & Administ^ of Joseph

Legislative
Eecords of the

Belcher late of Boston dec'' & Gaurdian to his four Children in their Council, xvii
Minority, Shewing that she is obliged to sell a great part of his real -!-

' Not found in the House Journal.

62 Province Laws (i?e.s'o/i-e.s', e^c). — 1747-48. [Chap. 158.]

Archives Estate consisting of Forty eight Acres of Land lying in the Town

xviii., 274. of Chclsca for paying the deceased's Debts; And for as mnch as the
naTpp.i44ri73- Selling of a part of it only will greatly endamage the whole; There-
La'ws^u'' 151 -^^^'® praying that she may be impowered to sell the whole, She to
chap. 10.' ' account for the Overplus after paying the Debts.
Read &

Ordered that the within named Elizabeth as Administrate' to the
Estate of her late Husband Joseph Belcher & as Gaurdian to her
four Children being Minors, be & hereby is authorized & impowered
to make Sale of forty eiglit Acres of Land situate on Pullen Point
(so called) for the most it will fetch in order to pay off Seven hun-
dred Ninety six Pounds sixteen Shillings & two pence old Tenor
Debts of her late Husband & being so much more than personal
Estate, she giving Caution to the Judge of Probate for the County
of Suffolk for the Remainder, & to ascertain & secure the Value of
the Money for the Benefit of the Minors as they shall respectively
come of Age; Provided that before any such Sale be made the Peti-
tion'' observe the Directions of the Province Law made in the sixth
Year of the Reign of King George the first, respecting the Sale of
real Estates by Administrators &c.' \_Passed November 25."^

CHAPTER 158.

ORDER RELATING TO THE REPORT OF THE COMMISS^^ IN THE LATE
CONGRESS AT NEW YORK.

Reconi^ofthe Samuel Welles Esq'' reported the following Agreement of the
Council, xviii., Commissioners lately convened in the City of New York; viz*
Archives? ^^ a Meeting of the Commissioners of the Several Governments

ixxiii., 12. Q-f ^]-^Q Massachusetts Bay, New York & Connecticutt at the City
H^ouse Jour^_^ of Ncw York, ill order to concert and Agree upon some general
i75.'_ Antel ' ' Measurcs for carrying on the War against the Common Enemy, &
p." 37', chap. le! foi' the mutual Defence & Security of his Majesty's British Prov-
inces & Colonies on the Continent in Nortli America.

It is judged, after mature Consideration had of the j^resent dis-
tressing Circumstances of these three Colonies, & thereupon the
Commissioners agree to report to their Constituents that they unan-
imously are of Opinion,

1. That an Expedition be carried on against the Frencli Fort at
Crown Point for the Reduction of that Fortress.

2. That it will be necessary that Four thousand Men (Officers
included) be raised with as many of the Six Nations & their Allies
as may be obtained, to carry on the said Expedition, & that it will
be necessary these Troops be at Albany by the fifteenth of April
next, ready to march for the aforesaid Purpose.

3. That as the engaging the Six Nations et their xVllies in this &
other Services against the Common Enemy is of great Importance
to the British Government, It is judged necessary that such of the
Indians as shall engage in the said Expedition & go into into ^ the

^ After this order was passed, but before it took effect, the records in the case were
destroyed in the Court House fire. In consequence of this misfortune, another order to
the same effect was passed on June 23, 1748. — Legislative Records of the Council, xviii.,
382 ; Mass. Archives, xviii., 274, 360 ; House Journal, pp. 144, 173 (December, 1747) ; pp. 57,
58 (June 23, 1748).

- This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is December 3.

3 Sic.

[2d Sess.] Province Laws {Resolves, etc.). — 1747-48. 03

Service, be equipped each with Necessarys to the Value of Five
Pounds New York Currency; & be assured of a Present of like
Value on their Return in Case of Success.

4. That as a further means of securing & engaging the said
Indians in the Service of the English, & to prevent their being
seduced to revolt to the French, It is agreed that it be proposed
to each of the said Governments, that a Gun. Smith be sent to
Each of the Tribes following, viz. the Onoidas Onendagas, Cay-
agas & Senecas, & two men with each Gun Smith, to continue
with them until the next Spring, & that the said Persons be in-
structed to be as obliging as may be to the Indians with whom they
live & converse, & do all in their Power to establish & increase the
Interest of the English with them, & from Time to Time advise
the Governments of any thing they shall observe necessary or that
the Indians may want or desire to be done for that purpose; And
that there be purchas'd suitable Goods to the Value of Three hun-
dred & Sixty Pounds New York Currency, to be put into the hands
of said Smiths or of one of the Men that go with them respectively,
to be given to the several Nations aforesaid (Except Sixty Pounds
thereof to be put into the hands of some suitable Persons for the
Mohawks) to be distributed as follows, viz. One hundred & twenty
Pounds to the Senecas, Sixty Pounds to the Oneidas & Tuscaroras,
Sixty Pounds to the Cayugas, & Sixty Pounds to the Onendagas;
& that the several Persons render an Accompt upon Oath of the
Disposition of said Goods to the respective Governments & that the
Charges of the Smiths & others attending them, as also the said
Three hundred & sixty Pounds be born & paid in the proportion
following, viz. the Massachusetts Bay, nine TAventieth Parts, New
York, Eight, Twentieth Parts Connecticutt, Three Twentieths, but
these Proportions not to be drawn into Precedent upon any other
Occasion hereafter.

5, That (besides what Governour Clinton has assured the Com-
mission" shall be supplied gratis, of the Batteaux, Cannon & war-
like Stores & Implements in the Province of New York, provided
at his Majesty's Expence) the General & Common Expence neces-
sary for engaging & rewarding the Indians, paying the Officers of
the Train of Artillery, & for the Common Store of Shot, Gun Pow-
der & other military Preparations, necessary for the Common Ser-
vice, be provided by & at the Charge of the Governments engaging
in this Service, & that the Proportions and Quotas of the Govern-
ments for these Services, as well as for the keeping & supporting
(if reduced) until his Majesty's Pleasure be known, be as above-
mentioned; And that whatsoever Part or Proportion either of Men
or Money any other Governm*^ shall undertake to bear & furnish,
shall lessen the Parts of these three Governments according to the
aforesaid Proportion; And the Legislatures of Each Government
engaging in this Enterprize raise, equip, provide for, subsist & j^ay
their own Troops, as also appoint Commissaries to take Care of
their own Stores, saving that the Government of New York, be
not obliged to raise above Twelve hundred Men, The Massachusetts
Commiss" agreeing to propose to their Constituents to raise Four
hundred men to compleat the Proportion of New York, the Officers
to be Commissioned by the Governours of the said Governments
undertaking to provide the same, & both Officers & Soldiers of said
Four hundred men to receive the same Bounty, Wages, Subsistence
& every other thing from the Government of New York, which
shall be given or- paid by said Governm'- of New York, to a lik^

64 Province Laws {Resolves, etc.). — 1747-48. [Chap. 158.]

Proportion of the twelve hundred men they shall raise for said
Expedition.

6, That the Governours of the Massachusetts Bay, New York &
Connecticutt be desired to api^oint & Comniissionate the three Gen-
eral Officers for the said Expedition.

7'^ That Each Government apjjoint a Committee of one or more
Persons to meet at Middleton, in Connecticutt on the eleventh Day
of December next, or as soon after as may be, in order to determine
& ascertain the Particulars necessary to be provided at the Common
Charge of the Governments also to agree what i^articular Sorts of
Species of the said Particulars, each Government shall undertake
to provide, having Regard to said Proportion.

8. That the Commissioners here present, having made Report to
their respective Constituents, of what Measures are hereby agreed
upon, the Governours of the Massachusetts Bay, New York & Con-
necticutt be desired by the respective assemblies of these Govern-
ments to apply to the Governours of the Several other Provinces &
Colonies from Virginia to New Hampshire inclusive, to recommend
it to y"" several Assemblies fully to Join, according & in proportion
to their Ability, in this Common Undertaking against his Majesty's
Enemies, & to unite with these Governments in the mutual Defence
& Security of his Majesty's Colonies on the Continent of North
America, & in particular desiring them to send their Committee
to meet at Middleton aforesaid to engage in this Undertaking &
to agree upon what Part they respectively will provide for Men,
Money & Common Stores necessary for the engaging and encour-
aging the Indians, & for carrying on the said Expedition, also re-
questing as speedy an Answer as may be to the Governours of these
Governments respectively what their several Government will under-
take in this important Enterprize.

9. That in the mean Time while the Preparations are making for
the proposed Expedition, Application be made to his Majesty by the
Legislatures of Each of these Governments for such a Naval Force
as may be sufficient to go up the River of S' Lawrence, &, either
divert or subdue that part of the Country, & in Case of an Assur-
ance of a Sufficiency to command the River & attack the Fortresses
there, & y* it be his Majesty's Pleasure the Expedition be carried on
against Canada, that then the Preparations & Necessaries designed
more immediately for an Expedition against Crown Point, be em-
ployed & carried on against Canada for the reduction of the Same
with such Additional Force as can be raised, & in that Case that
Application at the same time be made as aforesaid, That the Quotas
of the several Governments be settled, & that those who are deficient
be enjoined to furnish the same.

10* That in Case the other Governments, who have not sent their
Commiss'Uothis Meeting to concert Measures for the Common Good
of his Majesty's Subjects shall after Application made to them as
before proposed & Notice of the Conclusions & Approbation thereof
by these Governments, shall neglect or refuse to join them in these
* important Affairs for the mutual Defence & Security of his Maj-

esty's Subjects & Interest, That then Application be made as afore-
said for the Royal Injunctions to be laid on the several deficient
Governments to furnish & Provide their Proportion & Quotas of
Men & Money necessary for the future general Defence & Security
of his Majesty's Colonies & for carrying on any proper Scheme for
the Annoyance of the Common Enemy.

[2d Sess.] Province Laws (^Resolves, etc.). — 1747-48. 65

11. That in Case the proposed Expedition against Crown Point
only go forward & no Ships of War are sent by his Majesty to go
up the River S' Lawrence for the Purpose aforesaid, then a Diver-
sion be made up said River with wliat Vessels can be obtained from
the several Clovernments at the Charge of said Governments & in
Conjunction with such of his Majesty's Ships of War, as can be
procured at Louisburg or else where, & that a Diversion by Land
be made by the Direction & under the Conduct of the General
Officers, by such of the Forces of Christians & Indians as shall
by said Officers on proper Encouragement be sent out for the
Purpose.

12*'' That the Vessels, Goods, Stores, & other things sent or that
shall go thro any Part of the Goverment of New York for the Forces
employed in the aforementioned & proposed Service, or in garrison-
ing the said Fortress, be free & exempt from all Toll, Tribute, Cus-
tom & Duty y*^ is or might be imposed on such Materials by Vertue
of any Act of the Goverment of New York.

1.3''' That if it shall happen that the proposed Expeditions shall
neither of them be carried on the next Year, or if by reason of any
other Events it shall be found necessary for the Defence of his Maj-
esty's Subjects & annoying the Enemy, to send out & maintain Scouts
of Rangers, that then the Governm'* of the Massachusetts Bay, New
York & Connecticutt send out on proper Encouragement such a Num-
ber of Men respectively as they shall judge a Proportion for them in
Order to defend the Borders of the exposed Settlements & in this
Service to join with such of the six Nations of Lidians »fc their Allies
as will go on that Design; And that the other Governments of New
Jersey, Pensylvania, Maryland, Virginia, New Hampshire & Rhode
Island, be applied to, to furnish, provide & bear y'' Proportion in
Men, Money or other Necessaries for the Encouragement & Support
of such Scouts or Rangers; And that Each Goverment providing
& sending out such Scouts or Rangers receive the Benefit of such
Money or other Necessaries as shall be afforded by the other Gov-
erments not sending Men in Proportion to the Number of men they
shall respectively employ in said Service.

14. That in Case any Attack or Invasion shall be made by the
Enemy on any one or more of his Majesty's Governments, & Appli-
cation be made to any other Governments for Assistance, that the
same be speedily afforded according to tlie Necessity & Circum-
stances of the Case, the Subsistance only being provided by & at
the Charge of the Government requesting & receiving such Suc-
cours: And if either of the Governm'^ receive any Intelligence of
an Enemy approaching either by Sea or Land, who may endanger
one or more of the other Governments, that they give them the
earliest Notice possible thereof by Express.

Ib^^ That the Legislatures of these three Governments be desired
to determine upon this Agreement with all the Dispatch possible,
& when done that such Governm* do signify the same to the other
Governments as soon as may be.

16, The large Numbers of Men & great Charges consequent there-
upon as above have been come into by the Commissioners by reason
of the distressing Circumstances of these Governm** notwithstand-
ing the full Persuasion of the Commission""^ that these Burdens must
be beyond the Ability of said Governra'^ if continued, they being
constantly harrassed by Invasions or Incursions on their Borders from
the French & their Indians for near five hundred Miles an End, &

66 Province Laws (i?esoZye«, e^c). — 1747-48. [Chap. 158.]

many of their Settlements already broken up & destroyed, & divers
others in the most imminent Danger, the Case being such, that if
these Governm^^ do not lay these heavy Burdens on themselves (under
w'^'^ if they are not releived, they must sink) they must much sooner
be destroyed by their inhumane Enemies abovesaid, who are exceed-
ingly supported, Sj)irited & advantaged by the aboves'' Crown Point
Fort; The Commissioners being sensible that it is as truly unreason-
able & destructive to these Goverments, to supply all the Men &
Money necessary to defend his Majesty's Subjects & Interests in
North America, as it would be for a small part of the Nation to
be at the Expence of defending the whole, there being divers more
wealthy & populous Governments tlian we are, who have been & are
defended by us, & therefore in all reason ought to bear their propor-
tion of tlie Common Defence both with Men & Money.

17. The above Articles we agree to recommend to & in all proper
Ways to endeavour they may be ratified by the Governments to wliich
we respectively belong; None of which shall be obligatory on any of
the three Governments but such as shall be ratified by all.

In Testimony whereof AVe have signed Triplicates of these Pres-
ents at the City of New York this twenty eighth day of September
in the Twenty first Year of tlie Reign of Our Sovereign Lord George
the second, of Great Britain, France & Ireland King &c. Annoque
Domini One thousand seven hundred and forty Seven

Samuel. Welles ) ^^ .
Egbert Hale Massachusetts

Oliver Partridge ) Commission"
Phil. Livingstone
Jos. Murray

W. NiCOLL

Phillip Verplank
Hen. Cruger
Tho^ Fitch ) Connecticntt

Benj"" Hall f Commission"

In the House of Rep'^'"

The House took into consideration the Report of tlie Commis-
sioners, respecting the Expedition against the French Fort at Crown
Point, & came into the following Resolutions tipon the several Arti-
cles in said Report Viz*

1^' Upon the first Article

ResoWd That the Hotise Agree to said Article Provided the Gov-
ernm* of New York & Connecticntt shall agree to the Amendments
that may be propos'd by this Court upon the several Subsequent
Articles.

2*^ Resolved that the House agree to the second article.

^^ Resolved that the House agree to the third article.

4th Eesolved that the House agree to the fourth Article

5. Resolved that the House Agree to the fifth Article so far as
respects the number of Men to be paid by this Governm* ; provided
the four hundred Men proposd to be rais'd in this Governm' & paid
by New York, be rais'd in the Governm* of Connecticntt, That part
w'^'^ relates to the keeping the Garrison the House do not Agree to,
being of Opinion it will not be for liis majestys Service the Fort
should be preserved (if taken) but be forthwith demolished

6''' Resolved that the House Agree to the Sixth Article

7"^ Resolved that the House Agree to the seventh Article with
this Amendm' Viz' Provided the Governments of New York & Con-

New York
Commission""^

[2d Sess.] Province Laws {Resolves, etc.). — 1747-48. 67

necticutt shall first Agree to the Amendments npon this Report, pro-
posal by this Government

8 ResoWd that the Honse Agree to the Eighth Article with the
same proviso as in the Seventh.

9*'' Resolved that the Honse do not Agree to the Ninth Article

10*'' Resolved that the Honse Agree to the Tenth Article

ll"' Resolved that the Honse do not Agree to the Eleventh Arti-
cle It appearing to them that the River S' Lawrence is not nsually
navigable at snch time as the Forces may probably be at Crown Point.

12"' Resolved that the Honse Agree to the twelfth Article except
so far as relates to the Garrisoning the Fortress if taken

Resolved that the Honse Agree to the thirteenth, fonrteenth fif-
teenth Sixteenth »& Seventeenth Articles.'

In Council; Read & Concnr'd. [^Passed December 1.

CHAPTER 159.

VOTE APPOINTING A COMM^f'^ FOR RECEIVING ACC"^ FOR BILLETING
CANADA SOLDIERS.

In the House of Rep'^^ fe*'^'^lf"\®.^

__,_,, ^T „ .\ -r, .,1 , , TT >^io T-i 1 Records of the-

Voted that Oliver Partridge Esq"" with such as the Hon"'® Board council, xviii.,
shall Joyn be a Comm®'' for the County of Hampshire, Simon Frost Archives?'
Esq'' w*'' such as the Hon' Board shall join for the County of York ixxui., is.
and Joseph Wilder Jun'' Esq'' w"' such as the Hon' Board shall ioin Legislative

• y- • Records of tbc

for the Countys of Middlesex and Worcester. The said Committees council, xviii.,
to recieve the Accounts of any Persons in the said Countys respec- journal, p. "n?!
tively, Who have billeted the Canada Soldiers from the last of Feb-
ruary to the 20"' of October last and that all such acc*^ be sworne
to before some Justice of the Peace except in such Towns where
no Justice dwells, i& there to be sworne to before the Select Men
or Town Clerk, and the Persons app*'''' to recieve said ace" are
hereby directed forthwith upon receipt thereof to transmitt the
same to this Court for their Consideration

In Council Read & Concur'd And Sir William Pepperrell for the
County of York, Eleazar Porter Esq"" for the County of Hampshire,
& James Minot Esq'" for the Counties of Middlesex »& Worcester are
joined in the Affair. \^Passed December 2.

CHAPTER 160.

VOTE FOR AN ADDITION TO THE GARRISON AT FORT MASSACHUSETTS
AND DESIRING THE EMPLOYMENT OF SCOUTS ON THE WESTERN
FRONTIERS.

Voted that in Order to Enable the Commanding Officer of the Legislative
Garrison in Fort Massachusetts to keep a Scout Westward (for the councff, xvm^,!
better securing of the English Settlements upon Housatonnoc river, ^|-!;.,j^^''^®^-
now exposed to the Enemy, by the desertion of the Fort at Sarettoga) ixxiii., i!
as well as to Continue the usual Scout towards Fort Pelham. There House Jour-
be wages and subsistance granted for ten Men to the first of March ^nte^\;^ll\^^^

chap! 126. *
' There is nothing found in the House Journal about agreement or disagreement after
the 5"> article.

(58

Province ljAws(IiesoIves,etc.). — 1747-48. [Chaps. 161-1B3.]

next in addition to the said Garrison of thirty Men for whom an
Establishment is made by this Court. And that His Excellency be
desired to give Order for Posting them there accordingly.

Also

Voted that His Excellency be desired to give Orders to the Officers
of the Forces on the said Western Frontier to Maintain constant
Scouts in small Parties so as to Inspect the whole Frontier in order
to discover and give seasonable Notice to the Towns below them in
case of the approach of an Army, or any partys of the Enemy.
[Passed December 3.

CHAPTER 161

VOTE APPOINTING TWO COMMISSIONERS TO GO TO MIDDLETON, CONN., IN
ACCORDANCE WITH THE REPORT OF THE CONGRESS AT NEW YORK.

Legislative
Records of tlie
Council, xviii.,
•270. Mass.
Archives, vi.,
50a.

House Jour-
nal, pp. 179, 180.
Ante, p. 62,
chap. 158.

The tavo Houses having proceeded to the Choice of two Persons
to appear at the Meeting proposed (in the Agreement of the Com-
miss"'^ in their late Congress at New York) to be had at Middleton
in the Colony of Connecticut &c^

Samuel Welles &

Robert Hale Esq" were elected by the major Vote of the Council
& House of E,epresent'''^^ [Passed December 3.

CHAPTER 162.

Legislative
Records of the
Council, xviii.,
•270. Mass.
Archives,
Ixxiii., 18.

House Jour-
nal, p. 179.

VOTE FOR PAYMT OF CAP^ BANCROFT'S MUSTER ROLL.

Voted that the Treasurer be directed to pay to Cap* Samuel Ban-
croft the Wages due to the Soldiers borne upon His Muster roll, to
be by him paid to whom it is respectively due the Usage in that case
to the contrary notwithstanding. [Passed Deceniber 3.

CHAPTER 163.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF
ROBERT GALTON TO SET ASIDE A JUDGMENT BY DEFAULT.

House Jour-
nal, p. 159.
Mass.
Archives,
Ixiv., '278.

Mass.
Archives,
Ixiv., 277.

On the Petition of RoI)ert Qalton, and others, [to set aside a
Judgment by default on a promissory note alleged to be invalid] '

Read and

Ordered that the Pef serve Roger Pasmore withinnamed (or His
Attorney) with a copy of this Pet" that He shew cause if any He
hath on the 6*'^ Instant, 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. And all Proceedings are stayed in the mean
time. Provided the Pef give Sufficient Security to the Sheriff of the
County of Suffolk to Pay what shall finally be found due, with In-
terest from this time. [Passed December 3.

' Petition not found in Legislative Records of the Council or the House Journal, but
the original may be seen in Mass. Archives, Ixiv., 277, 278.

[2d Sess.] Province Laws {Resolves, etc.). — 1747-48. 69

CHAPTER 164.

ORDER ALLOWING £7. 10 TO MARK FERRY.

A Petition of Mark Terrey ' of Brimfield, Shewing that in Septem' g*'=^^'?"'^f .^
hist his Dwelling House was burnt down, & therein (with other Estate) couucii, xviu.,
Bills of Credit of this Province to the Amount of Thirty Pounds Old i^chives',''
Tenor, Praying that the like Sum may be allowed to him out of the ixxxvii.,'39.
publick Treasury. Mass.

Tt ^ 1 Archives,

Kead and • ixxxvii.,39.

Ordered that the Treasurer be directed to Pay into tlie Hands of naTrf 175™"
M'' John AVorthington for the Use of the Pet' the Sum of Seven
pounds ten Shillings in consideration of the Loss within mentioned.
\^Passed December 3.

CHAPTER 165.

ORDER ALLOWING 14/ 4 EACH TO JOHN KEITH, TIMOTHY CHENEY, ELI
MORSE, JESSE PRATT, FRANCIS COLE AND JAPHET CHAPIN.

A Petition of John Keith [Timothy Cheney, Eli Morse, Jesse House Jour-
Pratt, Francis Cole and Japhet Chapin], who were impressed into Sfass!" ^'^^^
his Majesty's Service the last Year, shewing that they were made ArcWves,
up sixteen Days short of their real Service in the Muster-Eoll under

Capt Burns ; they therefore pray an Allowance for that Time. na^i^pp! 181^182.

Read and

Ordered that the Treasurer be directed to pay to each of the within
named Soldiers the Sum of fourteen Shillings and four pence in con-
sideration of their Service within mentioned. \^Passed December 4.

CHAPTER 166.

ORDER IMPOWERING THE TOWN OF OXFORD TO IMPOSE A TAX OF
ONE PENNY PER ACRE PER ANNUM FOR THREE YEARS.

A Petition of the Inhabitants of Oxford, Praying that this Court Legislative

• ? 1/ o Reoords of the

would order that the Non resident Proprietors of Lands in the said council, xviii..
Town be taxed towards the building & finishing a Meeting House, Archives^^cxv
which the Inhabitants are now building there. 224.

Read, & it appearing that the Nonresident Prop""^ have been notified Legislative
pursuant to the Order of this Court of the 9"' of June last, councif, xviu^,

Ordered that the Prayer of the Petition be granted, & that the jouriSrp^29
Assessors of s'^ Town of Oxford are hereby impowered to impose a (June, mi) ;
Tax of one penny ^ Acre ^ Annum for the Sj^ace of three Years ^' ^^'
next ensuing on the Lands of the Non resident Proprietors for the
Purpose mention'd in the Petition. \^Passed December 4.

* Mass. Archives, Ixxxvii., 39, gives the signature "mark ferey."

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 167-170.]

CHAPTER 167.

Legislative
Records of the
Council, xviii.,
271. Mass.
Archives,
Ixxiii., 19.

House Jour-
nal, p. ISO.

VOTE DIRECTING THE COMMISSARY GENt- TO PURCHASE PROVISIONS
FOR YE SEVERAL BLOCKHOUSES.

Voted that the Commissary Gleneral be directed to Purchase a
Quantity of Provisions sufficient to Subsist the Forces in the sev-
eral Block Houses on the Western Frontier till the first of Decem-
ber next. [^Passed December 4.

CHAPTER 168.

Legislative
Records of the
Council, xvlii.,
271. Mass.
Archives, vi.,
51.

House Jour-
nal, p. 181.
Ante, p. 62,
chap. 158.

VOTE PROPOSING TO THE GOVERNMENTS OF NEW YORK AND CON-
NECTICUT A SECOND MEETING AT MIDDLETON ON THE 20'^" OF JAN-
UARY PROXIMO.

Voted that it be proposed to the Goverments of New York and
Connecticut in case of their Agreement to the alterations proposed
by this Goverment in the result of the Commissioners, that the
time for the second Meeting be held at Middleton on the 20**^ of
January next. \^Passed December 4.

Legislative
Records of the
Council, xviii.,
271. Mass.
Archives,
xxxi., 526.

Mass.
Archives,
xxxi., 525.
House Jour-
nal, pp. 175, 182.

CHAPTER 169.

ORDER ALLOWING THE ACCOt OF Y'' TRUSTEES OF THE HASSANAMISCO

INDIANS.

An Accompt presented by John Chandler, John Jones & Edward
Baker Esq" Trustees of the Indians of Hassanamisco of their Eeceipts
& Disbursements for the said Indians Ballance whereof in the said
Trustees hands being Thirty nine Pounds seven Shillings »& seven
pence.

Eead and

Ordered that this Ace* be allowed and the Ball* thereof being
£39. 7." 7"^ Old ten"" the Trustees are still to Account for. [Passed
December 4.

CHAPTER 170.

Legislative
Records of the
Council, xviii.,
271. Mass.
Archives,
Ixxiii., 20.

House Jour-
nal, p. 181.

ORDER ALLOWING THE WAGES OF EDW" CARPENTER, DEC"^, TO BE
PAID TO ELIZABETH CARPENTER.

Whereas one Edward Carpenter a Soldier of a Company in his
Majesty's Service at the Eastward under the Command of Capt.
John Davis, is lately deceased, & thirty two shillings & four Pence
Wages are due to him,

Ordered that the said Wages be paid to his Mother Elizabeth Car-
penter. {Passed December 4.

[2d Sess.] Province Laws [liesolves, etc.). — 1747-48. 71

CHAPTER 171.

ORDER ALLOWING £25 TO CPT EBEN^ ALEXANDER.

A Petition of Ebenezer Alexander, Setling for his many Ser- Legislative
vices performed for this Governm' in former Wars & in this present councif, xvm^,
War, & particularly in wounding a French Officer who Commanded •-Jti. Mass.
a large Party of Indians upon the Frontiers of this Province in Octo- ixxui., it.
ber last Which Officer afterwards surrendred himself to the English ; Mass.
And Praying for some Allowance from this Court for his said Services. ^^^rY:.

Read and House' Jour-

Ordered that the Pef be allowed Twenty five pounds out of the ° '^'
publick Treasury in consideration of his Service as within men-
tioned. \_Passed December 4.

CHAPTER 172.

ORDER ON THE PET^ OF DANIEL BALLARD TO PRESENT HIS ACCOUNT
AGAINST AN INSOLVENT ESTATE.

A Petition of Daniel Ballard of Boston Joiner, Shewing that Legislative
the Estate of John Snow of Boston Dec*^ was represented to the councif, xvhl,
Judge of Probate for tlie County of Suffolk to be insolvent, that ?!!:

the Pef being a Creditor to the s*^ Estate was not able to make out ^^T^® "^gg^J^y
his Claim to the Commissioners appointed by the Judge of Probate
'till their Term was out for want of some Proofs, which he is now
furnished with. And therefore Praying that he may be now granted
Time for his giving in & proving his Claim as a Creditor of the said
Estate.

Read &

Ordered tliat the Judge of Probate for the County of Suffolk, be
as fully iinpowered to allow the Commissioners abovementioned one
Month to receive the Accompt of the Petitioner as if the Time there-
for was not elapsed. \^Passed December 4.

CHAPTER 173.

ORDER ON THE PET^ OF ROB^^ CLARK, PRISONER.

A Petition of Robert Clark a Prisoner in his Majesty's. Goal R^^^^lf*^^! tu
in Boston; Shewing forth his Penitency for his great Offences, for council, xviu.,

wliich he was committed, & the miserable Circumstances he is under '^2^

for want of Cloathing, Food & Fewell, having Nothing to purchase Archives, xiu.,
the same with, And therefore praying for the Forgiveness of this sis-sao. House
Court, & that they would either provide for his Subsistence in Prison, pp!^i79!f8i, i82.
or otherwise provide for him so that he may not perish for want of La°v8°ii® loeg
the Necessaries of Life chap. 6; in.,

Whereas tlie within named Robert Clark was committed to Goal ^fL^nf/chap.
by Order of this Court the third of April last, & by the Resolves 368. '
of this Court of the twenty fifth of said April, It was further

Ordered that the said Robert Clark, should be released from Goal
upon his paying Amos Brown's Cost, Viz* £6. 6. ^ & to David Whit-

Province Laws (i?eso?ve.s, eiJc. ) . — 1747-48, [Chaps. 174-177.]

ney £6 also John Whitney's & John Randall's Cost of £3 And the
said Robert Clark being still in Goal

It is further

Ordered that the said Robert Clark be & hereby is declared to be
entitled to the same Benefit of the Law of this Province entitled an
Act for the Releif of Prisoners for Debts as if he stood committed
for the aforesaid Sum by Execution. \^Passed December 4.^

Legislative
Records of the
Council, xviii.,
273. Mass.
Archives, vi.,
51.

Ante, p. 68,
chap. 161;
p. 70, chap.
168.

CHAPTER 174.

VOTE FOR AN ADDITIONAL COMMISSIONER TO GO TO MIDDLETON.

Voted that Oliver Partridge Esq'' be added to the Commissioners
appointed to repair to Middleton on the 20''' of January next.*
[^Passed December 5.

CHAPTER 175.

ORDER TRANSFERRING £1,000 FROM Y= APPRC^ FOR GRANTS TO THE
CANADA EXPEDITION.

Legislative
Records of the
Council, xviii.,
273. Mass.
Archives,
lxxiii.,21.

Province
Laws, xiii., 596,
chap. 8. Ante,
p. 67, chap. 159.

In the House of Represent^''"' It appearing to the House that
several Sums are still due for Billeting the Canada Soldiers before
the 28. Feb-- last

Ordered that the Sum of One thousand pounds part of the Sum
restor'd by the Comm*^® of War for the Canada Expedition to the
Appropriation for Grants, be again transfer'd to the appropriation
for the Canada Expedition.

In Council, Read & Concur'd. \Passed December 5.

CHAPTER 176.

Legislative
Records of the
Council, xviii.,
273 Mass.
Archives,
xlix., 204.

House .Jour-
nal, p. 183.

ORDER THAT THE BOSTON SELECT MEN BE DESIR'D TO TAKE CARE
OF MATERIALS BELONGING TO Y» LATE COURT HOUSE.

Ordered that the Select Men of the Town of Boston be desired
to take care of the Materials belonging to the late Court House
which are preserved from the Flames. \^Pa)<sed December 9.

CHAPTER 177.

ORDER ALLOWING THE PET^ OF CPT. ELEAZAR MELVIN.

Recordfof the ^ PETITION of Cap* Eleazar Melvin, shewing that he has billeted
Council, xviii., the Company under his Command (most of whom have been em-
ployed in the immediate Service of the Province on the Frontiers)
for one whole Year, & has been forced to borrow large Sums of

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is December 10.
^ Not found in the House Journal.

House Jour-
nal, p. 185.

[2d Sess.] Pkovince Laws (^Resolves, etc.). — 1747-48. 73

money for this Service, Praying that he may be reimbursed the Province
Sum of Thirteen hundred & Sixty Six Pounds eight Shillings & ^hap' 2"'" ^°'*
three pence in Bills of the old Tenor now due to him on that
Accompt.

Eead &

Ordered, that the Treasurer be directed to pay the Commissary
General, to be by him paid to the Petitioner, the Sum due to him,
out of the Appropriation for Grants. \^Passed December 9.

CHAPTER 178.

ORDER ALLOWING CAPT. SAM'- WILLARD TO RECEIVE WAGES DUE
INHABITANTS OF NITCHEWOG, PAGUOIG AND NARRAGANSETT N" 2.

Ordered that Cap* Samuel Willard l)e allowed to receive out of the Legislative
Treasury the Wages due to the Inhabitants of Xichewog Poquaig and counclf.xvm^,
Narraffansett N" 2. to be by him repay'd to the several Persons borne 275. Mass.
upon his Roll. He finding Suretie for the faithful performance of said ixxiii., 24.
Trust. \ Passed December 10. House Jour-

nal, p. 184.

CHAPTER 179.

ORDER GRANTING TO ROB''^ STONE LICENCE TO KEEP A TAVERN.

A Petition of Robert Stone, shewing that he has taken a Lease Legislative
of two third Parts of the House in Boston where Luke Vardy kept coundf xvm^
a Tavern, Praying that he may be admitted to keep a Tavern tliere 279. Mass.

T^ ^ -, • k Archives, 0x1.,

Read and m Answer 137.

Ordered that the Justices of the Gen' Sessions of the Peace for Mass.

the County of Suifolk be allowed and impowered (if they See cause) ^""'^Hou'se^''

at their next Session to grant the Pef a Licence for two thirds parts Journal,

of the House within mentioned. He first obtaining the approbation ''''" ^^'' ^^^'

of the Select Men of Boston, the time for granting Licences being

elapsed notwithstanding. \^Passed December 11.^

Vlll.,

CHAPTER 180.

ORDER APPOINTING A QQW^^ TO CONTRACT FOR BUILDING MATERIALS.

Ill the House of Rep"'^'^^ Legislative

Ordered that M-" Frost with such as the Hon^^"^ Board shall Joyn counctf, x* ^''^
be directed to Contract for Sixty thousand feet of Boards forty "^^^'^^^.^^'^
thousand of them Merchantable and twenty thousand clear, for xiix., 206!
the Service of the Province. Also three thousand feet of one Inch Legislative
and half clear Stuff and three thousand feet of Stuff proper for coundf, xVilf .
Window Frames journl'i' ^°iir

In Council Read and Concurr'd and John Hill Esq'' is Joyned in ""^"^'"^'P-
the Affair. \Passed December 11.

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is December 12.

Frovinch Laws {Hesolves, etc.) . — 1747-48. [Chaps. 181, 182.]

CHAPTEK 181.

RESOLVE DIRECTING THE PAYMENT OF THE CANADA FORCES EM-
PLOYED ON THE FRONTIERS.

Mass.
Archives,
Ixxiii., '2.1.

House Jour-
nal, p. 184.

Resolved that in as much as an Establishment has been made by
this Court for the Pay and Subsistance of Six liundred Sixty three
Men on the Western Frontier and Eight Hundred and thirteen Men
on the Eastern Frontier and it appears that one hundred and twelve
men only have been employed on the Western Frontier who were
not of the Canada Forces, and four hundred fifty five men only who
were not of said Forces, have been employed on the Eastern Fron-
tier, that therefore a Sura be granted and allowed to be paid out of
the Treasury equal to the Wages of Nine hundred and Nine Men
for so many Canada Forces employed on the Frontiers from the first
of April to the 26*'' of October at the rate of twenty five Shillings
fj Month, And in Case it shall appear that the Wages of the whole
Number of the Canada Forces that have been employed on the Fron-
tiers, shall exceed the Sum granted as aforesaid the said Sum shall
be proportion'd among the whole number of men employed both on
the Eastern and Western Frontier and paid according to the time
each Man has been in Actual Service, [Passed December 11.

CHAPTER 182.

ORDER ACCEPTING THE REPORT OF THE COM'^e RESPECTING THE
DESOLATION OF THE COURT HOUSE &c.

Legislative
Records of the
Council, xviii.,
275. Mass.
Archives,
Ixxxviii., 404.

Mass.
Archives,
Ixxxviii., 402.
Legislative
Records of the
Council, xviii.,
274. House
Journal, p. 183.
Province
Laws, iii., 384,
note.

The Committee appointed to consider what may be proper for
this Court to do with respect to the Circumstances the publick
Affairs of the Province are brought into by the late burning of
the Court House &c. Eeport as their Opinion that the Secretary
be directed forthwith to get the Duplicate of the General Court
Books, now in his hands fairly transcribed & when finished that
they be kept in a separate Place from the s'' Duplicate; That for
as much as the said Duplicate reaches no further than the fifth
of July 1737, the Agents of this Province in London be directed
to procure, if possible, from the Lords Commissioners of Trade &
Plantations, the Copies of the said General Court Books from the
said b^^ of July 1737, to the 14"* of February last, now lying in
their Office, the said Agents leaving Copies thereof in the said
Office, to be drawn in the cheapest Manner they can, by employ-
ing some other Persons than the Clerks of that Office, if that may
be allowed; But if the said Copies now lying in that Office cannot
be obtained, that then the Copies taken from them as above, being
first examined & attested by the said Agents, be bound up in three
Volumes, leaving in Each Book a Number of Leaves for a Table,
& transmitted hither as soon as may be. That the Agents be

also directed to inquire into the State of of ' the Minutes of Coun-
cil of this Province from the Year, 1692, to the End of February
last (supposed to ly in the said Plantation Office) whether they are
compleat? And if so at what Expence they may be procured? And

' Sic.

[2d Sess.] Province Laws {Resolves, etc.). — 1747-48. 75

inform this Court as soon as may be: That the Secretary record
in his Office the first or old Charter of this Province & the Charter
of King William & Queen Mary with the Commissions of the Gov-
ernour, Lieu' Goveruour Justices of the Superiour Court & his own.

That the Clerks of the Peace be directed to send into the Secre-
tary's Office perfect Lists of the Justices of the Peace (distinguish-
ing those that are of the Quorum) & the Justices of the Inferiour
Court of Common Pleas in y'' respective Counties.

In the Name of the Committee J. Willard

Ordered that this Report be accepted.' \^Passed December 11.

CHAPTER 183. Krdfofthe

Council, xviii.,

276. Mass.

ORDER DIRECTING THE SECKY TO EMPLOY CLERKS FOR Y'^ DUPLI- ^'■^''"Y?.^' ,„,

CATE RECORDS. ixxxvin., 401.

House Jour-

Ordered that the Sec""^' be directed to Lnprove as many Clerks as Province '
He shall Judge necessary for drawing Duplicates of the Records of notl.^' ^nfe^,**'
the Gen' Court of the Province. {Passed Decemher 11. p. 74, chap. 182.

CHAPTER 184.

VOTE FOR A PUBLICK FAST. Legislative

Records of the
» 1 • Council, xvlii.,

Fo/'efZThat His Excellency the Govern"" be desired with the Advice 276. Mass.
of His Majesty's Council, to appoint a Day of Humiliation and Prayer 400? '^ "' ' ''
throughout this Province to be observed before the next Sitting of Mass.
this Court, on Occasion of the great Difficulties the Province labours .^g'^^House"''
under, and the Frowns of Divine Providence that are upon us, more Journal, p. ise.
especially, in Regard of the Destruction of the Court House in Bos- andTimnks-
ton as also great part of the publick Records by Fire.' [Passed'^ &lSandf
December 11. p. 495. Ante,'

p. 74, chap. 182.

CHAPTER 185.

ORDER DIRECTING THE TREASURER TO PAY THE AMOUNT DUE SAM'-

PETTIBONE.

A Petition of Samuel Pettibone shewing that he has been at the Legislative
Charge of victualling the Company under his Command (which was councif, xim^,
raised for the Expedition against Canada) till the first of February ^g.^mAss.
last, on which x\ccount there is due to him the Sum of Three hun- ixxiii., 30.
dred eighty Pounds fourteen Shillings & ten pence old tenor ; Pray- province
ing tliat he may be reimbursed. ^h^!'2'.""' ^~'

Read and

Ordered that the Treasurer be directed to pay the Commissary
General to be by him paid to the Memorialist the Sum due to him
out of the Appropriation for Grants.' {Passed December 11.

1 Not found in the House Journal.

^ The fast was held January 28, 1747, and was public.

Province Laws {^Resolves, etc.). — 1747-48. [Chaps. 186, 187.]

CHAPTER 186.

Legislative
Records of the
Council, xviii.,
276. Mass.
Archives,
Ixxiii., 27.

House Jour-
nal, pp. 185, 186.

ORDER ESTABLISHING THE ALLOW^ FOR SUBSISTING SOLDIERS FROM
TIME OF ENLISTMENT TILL THEY ARRIVE AT THEIR POSTS.

Ordered That the aloAvauce to Each Soldier Sent into the Service
for the defence of the Frontiers for his Subsistance from the Time
of his leaving his place of usual residence or abode until He Shall
arive at the place where He is Station'd Shall be Two Shillings &
Six pence ^ Day during the present Establishment Twenty miles
to be accounted a Days Travail, And Any Sums That Shall be ad-
vanced for this Service by the Military officer of Those Eegiment[s]
where Any Men may be Impress'd or Enlisted or by the Men Them-
selves Shall be alow'd And paid to Such officers or men Out of the
publick Treasury accordingly. Provided that the Subsistance for a
like number of Days be always Stop'd and deducted from the Muster-
Eolls of the Compauys in which Such Soldiers are Enter'd before
jjaymeut be made thereof. \^Passed December 11.

CHAPTER 187.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE AFFAIR
OF THE INHABITANTS OF WOODSTOCK, ENFIELD, SUFFIELD AND
SOMERS.

Legislative
Records of the
Council, xviii.,
277.

Mass.

Archives, iv.,
24. Province
Laws, ix.,328,
chap. 136.

The Committee to Avhom was referred the Resolve of the Assembly
of the Colony of Connecticutt relating to the Petitions of the Towns
of Woodstock, Enfield, Suffield & Somers, report as follows ; That
it appears to this Court that in the Year 1713. the Boundary Line
between the Governments of the Massachusetts Bay & Connecticutt
was amicably & hapjjily settled by Commissioners appointed for that
Purpose, which Settlement was ratified & confirmed by the assem-
bly of Each Goverment. And by the said Settlement it was agreed
& determined that the Towns of Symsberry & Windsor, both as to
Property & Jurisdiction should remain entire to Connecticutt, &
that the Towns of Woodstock, Suffield & Enfield, both as to Prop-
erty & Jurisdiction, should remain to the Massachusetts Bay; And
the Jurisdiction has been ever since peaceably exercised, without
Complaint from the Inhabitants till within a Year past by the re-
spective Governments accordingly. The Committee therefore
are unanimously of Opinion That any pretended Grievances of any
of the Inhabitants of the Towns of Woodstock, Suffield and Enfield
said to arise by the said Settlements having been made without their
Consent expressly signified, can afford no just Cause for reviving any
Controversy between the Colony of Connecticutt & this Province;
And that it is not incumbent upon this Governm' to appoint Com-
missioners to meet with such Commissioners as are appointed by the
Assembly of Connecticutt to hear any Complaints made by any of
the Inhabitants of the said Towns respecting their being & remain-
ing within the Jurisdiction of this Province; Which is hum-
bly submitted. ^ Order

E. Leavis.

Eead &

Ordered that this Eeport be accepted. And that his Excellency

[2d Sess.] Province Laws {Resolves, etc.). — 1747-48. 77

be desired to transmit a Copy thereof to the Governour of Connect-
icutt in Order to its being laid before the General Court of that
Colony.' [Passed December 11.

CHAPTER 188.

ORDER ALLOWING THE PETITION OF MAJ^ EPH-^' WILLIAMS FOR CER-
TAIN COMMISSARY STORES.

A Petition of Major Ephraim Williams, shewing that he brought ^^^'^'f**^? ^
from Albany to Fort Massachusetts in May last sundry Stores for the councn.xviii.,
Use of this Governm* viz' four Barrels of Powder which he had of the Archives^^'
Commissary of this Province for w*^'' he gave his Obligation, «& bought ixxiii.,9.'
400"' of Lead, Six Iron Pots & ten Skepples of Salt with Casks for House Jour.
it, for which he stands Debtor; Praying that he may be discharged °^ • P'
by this Court.

Kead and

Ordered that the Commissary Gen' be dii'ected to allow M'' Com-
misary Emerson in the Ace' for the four barrells of Powder.

And that s'' Commissary Gen' return the four hundred Weight of
Lead for the Use of CoP Roberts in the Goverm' of New York.
And that He allow the Memorialist in his Account for the Six Iron
Potts and ten Skipple of Salt abovementioned. [Passed December 11.

CHAPTER 189.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE LINE
BETWEEN CONCORD & ACTON.

A Petition of the Town of Acton, Shewing that there is a Dis- Legislative
pute between the said Town and the Town of Concord, respecting councf f *x v\^f
their Boundary Line, And for as much as the Petitioners are unable i98, 277.'
to bear the Charge of a Controversy in the Law, Therefore Praying Mass.
that this Court would appoint a Committee to view the said Line & 23i?^House^^''
adjust the Difference between them. Jmimai.pp.sa,

In Obedience to the Order of the General Court of the IS**" of
August last We the Subscribers have repaired to the Towns of Con-
cord & xlcton, were attended by the Select men of Each Town, &
having veiwed the Line in Controversy do report as follows, viz'

That the only matter in Dispute is, whether a Line shall extend
North Easterly from a well known Station or ancient Mark called
the Elm Stump & Stones to a certain white Oak Tree in John Davis's
Wall & then to a Heap of Stones in a Brook called the Corner of
Eleazar Heald's Land, & from thence to a white Oak Stump &
Stones about twenty Perch North Easterly from said Heald's Barn;
or whether the Line shall be strait from said Elm Stump & Stones
to the white Oak Stump & Stones aforesaid; the Land in Contro-
versy being about two or three Acres, & one Family dwelling thereon.
And having fully heard the Parties & maturely considered the Evi-
dences produced, are of Opinion that neither the Avhite Oak Tree in
Davis's Wall nor the heap of Stones in the Brook called a Corner of
Heald's Land were ever made for the Westerly Bounds of Concord;

* Not found in the Hous.e JournaL

Province IjAW^ {Resolves, etc.) . — 1747-48. [Chaps. 190-192.]

but a strait Line from the Elm Stump & Stones to the said white
Oak Stump & Stones is & ought to be & remain the Boundary Line
between said Towns so far as that extends; both these Marks being
allowed by the Parties to be ancient & indisputable : All which

is submitted by

John Chandler ^
W'" Eead >■ Committee

Daniel Pierce )
Read & Accepted, &

Ordered that private Property be not affected, & that the Charge
be born half by Concord & half by Acton. \^Passed December 11.

CHAPTER 190.

ORDER ALLOWING THE PET^ OF JOHN WORTHINGTON IN REGARD TO

CERTAIN GRANTS.

Legislative
Records of the
Council, xviii.,
278. Mass.
Archives,
Ixxiii., 29.

Ante, p. 15,
chap. 22; p. 17,
Chap. 28; p. 69,
chap. 164.

A Petition of John Worthington of Springfield, Shewing that
in this present year there was granted to one Henry Blodget of
Suffield Six Pounds on Account of his Wounds in the Service
of the Province, to Eachel Morgan of Springfield Six Pounds five
Shillings for so much lost in the burning of her House & to Mark
Terry of Brimfield Seven Pounds ten Shillings for so much lost in
the burning of his House, And for as much as the Papers contain-
ing those Grants were burnt in the Court House Therefore praying
that the said Grants may be now revived.

Read and

Ordered that the Prayer of the Pet" be granted and the Treas-
urer is hereby directed to pay the abovementioned Sums to the
abovenamed John Worthington for the Use of the Persons above-
named Accordingly.' \^Passed December 11.

CHAPTER 191.

Legislative
Records of the
Council, xviii.,
278. Mass.
Archives,
xUx., 207.

House Jour-
nal, p. 186.
Ante, p. 73,
chap. 180.

ORDER desiring AND IMPOWERING THE SELECTMEN OF BOSTON TO
SECURE THE WALLS OF THE LATE COURT HOUSE.

Ordered that the Select Men of Boston be desired and impowered
to Secure the Walls of the late Court House from the inconvencies
of the Weather by Causing the same to be covered with Boards in
the best and cheapest manner. \^Passed December 11.

CHAPTER 192.

ORDER OF NOTICE ON THE MEMORIAL OF ISAAC ROYAL & ROB^ OLIVER,
ESQ8», TO ENTER AN APPEAL.

SrdfJnhe -^ Memorial of Isaac Royal & Robert Oliver Esq" Shewing that
Council, xviii., they appcal'd from the Order of the Judge of Probate for the County

^ Not found in the House Journal.

[2d Sess.] Province Laws {Resolves, etc.). — 1747-48. 79

of Middlesex for allowing a Writing exhibited as the last Will & Tes- 278. Mass.
tament of their Mother M" Elisabeth Royal dec^^ but thro their Igno- xviiSo.
ranee of the Law they lapsed the Time allowed for their filing their ^^^[^^
Eeasons of Appeal, Therefore praying that by Order of this Court Archives,
thev may be allowed further Time for filing their Reasons of Appeal. House Joiir.
Readind ^^''P-^*^-

Ordered that the Pefs serve M'' Christopher Minot 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. [Passed December 11.

CHAPTER 193.

VOTE ALLOWING £625 TO THO" HUTCHINSON, ESQ».

Voted that a Sum not exceeding Six hundred & twenty five pounds Legislative
be granted & allow'd to be paid out of the Treasury into the hands councu^ xvin.^
of Thomas Hutchinson Esq"" in order to discharge any drafts that 2"9. Mass.

• ArciiivGs cii

have been or may be made on him by M"" John Henry Lidius in con- 365.
sequence of any orders given said M"" Lidius by any Comittee of this House Jour-
Court the said Hutchinson to be accountable. [Passed December 12. ng'fso.'iss.^'^'

CHAPTER 194.

VOTE DIRECTING THE C0M™e tO FORWARD THE COMMISSARY'S ACCt
OF CLOTHING SENT TO LOUISBURG.

Voted. Rifordsofthe

That the Committee appointed to forward the Address to his maj- Council, xviii.,
esty, respecting the impressing of Seamen & to instruct the Agent Arciii^es^.^xx.,

thereon, be also directed to forward the Commissary's Account of ^

Cloathing sent to Louisbourgh, (not included in the general Acco*^ Legislative
heretofore transmitted) & instruct the Agents thereon for their councif, xviii!!
government in solliciting a Reimbursment for the same. [Passed 27s"^^Hou8e^^^'

December 12. .Journal,

pp. 178, 187, 188.

CHAPTER 195.

ORDER IMPOWERING JOHN COLMAN, ESQ^, TO TAKE OUT AN EXECU-
TION.

A Petition of John Colman of Boston. Mercli' Shewing that in Legislative
February 1746, he took out Execution on a Judgment obtained in coluicif,xvm^,

the Superiour Court against James Fairservis of Boston; & the 228, 279.

Sheriffe took the Body of the said Fairservis for want of Goods or Legislative
Chattels, That by vertue of a late Law, he was taken out of the council, xviii^,
Hands of the Sheriffe, by Warrant from one of his Majesty's Jus- jo^urn^?,"^^
tices of the Peace as a Soldier enlisted for the Expidition, That the pp. m, m, 151.
Petitioner [was] tlien ignorant of the Advantage he had by Law
from his Debts being above Twenty Pounds (which in fact it is)

30 Province Laws {Resolves, etc.) . - 1747-48. [Chap. 195.]

And therefore Praying that he may now have the Benifit of an

alias Execution
Read &

anlered that the Report hereoi^ he accepted, That the Pray e
of the Petitioner be granted, & that the Petition^ be ^ he^ebj^^
allowed to take out an alias Execution upon his making Oath before
Authority that there is more than Twenty Pounds due to him Ac-
cordingly. [Passed December 12.

[oD Sess.] Province Laws (^Besolves, etc.). — 1747-48. 81

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Third Day of February, A.D. 1747.

CHAPTER 196.

ORDER CONTINUING DIVERS COMMITTEES APPOINTED DURING THE Legislative

PREVIOUS SESSION. Records of the

Council, xvui.,
283. Mass.

Ordered that all the Comm'^*^ which were Subsisting at the Pro- xux^'lol'
rogation of the last Session be revived and directed to proceed upon ^^^J j — - —
the business Committed to them and Report as soon as may be. nai, p. 19-2.
[Passed February 4.

CHAPTER 197.

ORDER GRANTING TO W-^> TOLER LICENSE TO RETAIL LIQUOR.

A Petition of William Toler of Stoneham Shop Keeper, shew- Legislative
ing that the Select men & others in said Town are very desirous comicif, xIul
that he should be licenced to retail strong Liquors, & therefore 284- Mass. '
praying y' the Court of Gen' Sessions of the Peace for y^ County 143. ' ' '
of Middlesex may be impowered to grant him a Licence Accordingly. Mass.

T?pf,f] nnfl Archives, cxi.,

iteaa ana j^j Legisia-

Ordered that the Justices of the Gen' Sessions of the Peace for tive Records of

the County of Middlesex be allowed at their next Session if they xvli.^Mis!!.^.^.

see cause to grant the Pef a Licence to retail strong Liquors, the ^aTff m^^'

time for granting Licences being elapsed notwithstanding. [Passed

February 5.

CHAPTER 198.

ORD'' CONFIRMING THE APPOINTMENT OF THE CONSTABLES OF THE
TOWN OF LITTLETON.

A Petition of David Powers, & a great Number of Others, In- Legislative
habitants of Littleton, Shewing that at their Anniversary Meeting councif, xlfu^,
in March last, the said Town made Choice of Eleazar Lawrence 2^4- Mass.

Archives ex v.

Jun"" & Samuel Tenny to be Constables, but by Eeason of some 243.
Mistake in the Record thereof, their Actings in their Office, have Mass.
been called in Question, k much Inconvenience has arisen thereby, ^2?'"Legisia^''
Praying that this Court would confirm the said Elections. tiv4 Records of

T, 1 T the Council,

Kead and xvii.,Mis.,.564.

Ordered that, notwithstanding the inconsistency in the records nail^pp!^i£?2'''6js,
of s'^ Town of Littleton with i-espect to their Constables for the i93.'

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 199, 200.]

present Year; both s'^ Eleazar Lawrence Jun'^ and Samuel Tenny
be confirmed in tlieir Office of Constables. And that their Acts and
Doings as such be deemed as valid and effectual to all intents and
purjDoses as if no Doubts or Disputes had arose with respect to the
regularity of their Choice and the Eecord made thereof. {^Passed
February 5.

CHAPTER 199.

ORD« IMPOWERING ISAAC ROYALL & ROB'' OLIVER TO FILE REASONS
or APPEAL FROM A JUDGMENT.

Legislative
Eecords of the
Council, xviii.,
284. Mass.
Archives,
xviii., 279.

Mass.
Archives,
xviii., 277.
Legislative
Records of the
Council, xvii..
Mis., mh.
House Jour
nal, p. 19.1.
Ante, p. 78,
chap. 192.

On the Petition of Isaac Eoyall & Rob' Oliver Esq""" \(inte.,
p. 78, chap. 192]

Read together with the Answer of Christopher Minot, And the
Matter being fully considered.

Ordered that the Prayer of the Petition be granted, & that the
Pet" be & hereby are impowered to file their Reasons of Appeal
from the Decree withinmentioned of the Judge of Probate of Wills
&c'^ within the County of Middlesex in the Probate Office for said
County of Middlesex within ten days next coming, & prosecute their
said Appeal within two Months next after, before the Govern"" & Coun-
cil ; And they are hereby fully impowered to hear & determine the
same. The Petitioner's failure in filing their Reasons heretofore &
prosecuting their said Appeal in time & manner as by Law directed
notwithstanding. \Passed February 5.

CHAPTER 200

ORDER WITH STAY OF EXECUTION IMPOWERING JACOB WYLEY TO
bring FORWARD A WRIT OF REVIEW.

Legislative
Records of the
Council, xviii.,
■283. Mass.
Archives, xlii.,
571.

Mass.

Archives, xlii.,
568. Legisla-
tive Records of
the Council,
xviii., 285.
House Jour-
nal, pp. 127, 193.
Ante, p. 47,
chap. 116.

A Petition of Jacob Wyley of Woodstock, Complaining against
John AVoodhouse for fraudulent Dealing with him in relation to a
Tryal of an Action between him & the Petitioner at the Superiour
Court, wherein Judgment went against the Petitioner, & therefore
praying for a new Trial, & y' Execution may be staid.

Read & no Answer given in by Jn" Walker Attorney to Jn" Wood-
house, altho' it appears that he had been seasonably served with a
Copy of this Petition, And the Matter being fully considered.

Ordered that the Prayer of the Petition be so far granted as that
the Pef be & hereby is allowd & imj^ow'' to bring his Writt of Review
of the Action within menf to the Sup"" Court of Jud"' to be held
at Boston for the C** of Suffolk in Aug' next; And the Justices of
the said Court are hereby impowd & directed to hear & try the said
Cause upon the Merits, the Judgm' by Default upon the former Trial
notwithstanding. And to give Judgm' therein, And Award Excon
thereupon; And that the Execution against the Pef within menf^
be staid in the mean time.' \Pa8sed February 6.

^ The leave to bring forward a writ of review is not found in the House Journal.

[3d Sess.] Province Laws (Hesolves, etc.). — 1747-48. 83

CHAPTER 201.

ORDER ALLOWING £42. 10 TO WILL" BASSET.

A Petition of William Basset of Barnstable, shewing that in Legislative
December last his dwelling House was consumed by Fire, & therein coiim-f f *x v^^l
was burnt & lost Forty two Pounds ten Shillings in Bills of this ^ss. Mass.
Province of the Old Tenor, Praying that he may receive the same ixxxvii.^'41.
Sum out of the publick Treasury. Mass.

Read and t'^^!.%i.

Ordered that the Prayer of the Pet" be granted and the Treasurer Legislative
is directed to Pay to Col" Otis for the use of the Pef the said Sum councif, xvii.,^
of forty two pounds ten Shill^^ Old ten'' or other Bills equivalent Hou'se^Jour-
thereto (in Lieu of the bills consum'd), accordingly. [Passed Feb- nai, p. 194.
ruary 6.

CHAPTER 202.

ORDER WITH STAY OF EXECUTION IMPOWERING THO^ FRENCH TO
PROSECUTE AN APPEAL FROM A JUDGMENT.

A Petition of Thomas French of Brantrey, shewing that he Legislative
obtained an Order from this Court impowering him to appeal from eounHrxvm.^
a Judgment given against him by Hugh Hall Esq"" One of his MaJ- 286. Mass. '
esty's Justices of the Peace in an Action between him & William 533?"^^*''^ ''
Penniman, but the said Order was lost when the Court House was Mass.
burnt, praying for the Revival thereof. .^i'^'^Lfisii"'

Read and tlve Records

Ordered that the Pef be and He hereby is allowed to Prosecute xvulfMis^^iSe'.
His Appeal from the Judgment within mentioned at the next Infe- nai"rf I'ls"*^
riour Court of Common Pleas to be holden for the County of Suf- ^«<e, p.53,
folk in April next; He not entring into recognizance according to
Law notwithstanding:

And Execution mentioned is Stayed in the mean time; The

Pef to Notifye the Adverse Partie fourteen days at least before the
Sitting of said Court. [Passed February 9.

chai). 134.

CHAPTER 203.

ORDEll DIRECTING THE PAYMENT OF WAGES DUE NATHAN EAMES,
DEC'D, AND £3, ALSO £4. 10 FOR LOSS OF GUN.

A Petition of Robert Eames, praying that lie may be impowered r®?'®!?"^? .u
to receive the Wages due to his Son Nathan Eames upon the Muster council, xviii.,
Roll of the Garrison at Fort Massachusetts, who was carried into ArchiveY,^'
Captivity when the said Fort was taken & died in Canada, & that ixxiii., 38.
the Petitioner may be allowed for the Loss of a Gun then taken Mass.
with his Son, as also for his Cloathing & other Things taken by ixx^iii.^se.
the Enemy. KKthe

Read and Council, xvU.,

Ordered that the Treasurer be directed to Pay the Wages due House Jour-
upon Muster roll to Nathan Eames Dec'd, as also the Sum of three ^^^> p- -^^•
pounds in consideration of the Loss within mentioned to the Widow
of the s*^ Deceased or her Order

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 204-206.]

Ordered also that the Pef be allowed out of the publick Treas-
ury the Sum of four pounds ten Shillings in consideration of the
Loss of the Gun within mentioned. \^Passed February 15.

CHAPTEE 204.

Legislative
Records of the
Council, xviii.,
290. Mass.
Archives, cxi.,
145.

Mass.

Archives, cxi.,
144. House
Journal, p. 207.

ORDER GRANTING TO ASA PUTNAM LICENCE TO KEEP A TAVERN.

A Petition of Asa Putnam Shewing that he has hired the House
in Salem Village belonging to James Phillips, where a Tavern has
been kept for many Years & is commodiously situated for that Use,
& therefore praying that (as he has obtained the Approbation of the
Select men of the said Town) the Justices of the Peace in the said
County may be allowed in their next General Sessions to grant him
a Licence.

Read and

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Essex be impowered at their Sessions in March next
to grant the Pef a Licence (if they see cause) the time for grant-
ing Licences being elapsed notwithstanding. \^Passed February 18.

CHAPTER 205.

Legislative
Records of the
Council, xviii.,
290. Mass.
Archives,
Ixxiii., 42.

Mass.
Archives,
Ixxiii., 41.
House Jour-
nal, pp. 167, 180,
306.

ORDER ALLOWING £234 AND A FURTHER SUM OF £90 TO EDW» ELLIS,

ESQ''.

A Memorial of Edward Ellis Esq' Physician, Praying that this
Court would revive their Grant made him to discharge his Accompt
of Medicines and Attendance on the Garrison at Castle William, &
on French Prisoners, which Grant was lost, when the Court House
was burnt.

Read and

Ordered that the Memorialist be allowed out of the publick Treas-
ury two hundred thirty four pounds Old tenor in full consideration
for his Service as Surgeon to the Castle in 1744; it being in propor-
tion to the allowance made him in 1743. And that the sum of
Ninety pounds in like tenor be allowed him for his Care of the Sick
and Wounded French Prisoners brought into this Port by Mess''"
Tyng and Spry. \^Passed February 18.

CHAPTER 206.

ORDER DIRECTING THE PAYMENT OF HIS WAGES TO STEPH'' BOYNTON.

Legislative
Records of the
Council, xviii.,
291. Mass.
Archives,
Ixxiii., 53.

Mass.
Archives,
Ixxiii., 53, 54.

A Petition of Stephen Boynton a Soldier lately in the Service
at Fort George, shewing that in the Muster Roll of that Garrison
he was omitted as to a considerable Time of his being in the Ser-
vice, praying that his Wages may be made up to the full of what
is due to him

Read and

[3d Sess.] Province Laws {Resolves^ etc.). — 1747-48. 8.>

Ordered that the Treasurer be directed to pay to Maj Lawrence House Jour,
for the Use of the Pef Usual Wages for forty two days; He being ^^ai, pp. 196,211.
made up Short for that time in Cap' Larrabee's Muster roll. \^Passed
February 19.

CHAPTEK 207.

ORDER IMPOWERING BENJ^ WISER, INDIAN, TO SELL LAND. Legislative

Records of Uie
Council, xviii.,

A Petition of Benjamin Wiser of Worcester Indian, Praying '^H'^-^^^^ll^-
that he may be impowered to sell Thirty two Acres of Land belong- xxxi.,5M.
ing to him at Natick, for paying his Debts contracted by purchas- Mass.
ing Land at Worcester, building thereon &c. the Eemainder to be ^xS^^mt
laid out for building a Barn near his Dwelling House at Worcester. Legislative
Kead and council, xvm..

Ordered that the Pef have liberty with the advice and Consent journa"p*! -210.
of the Guardians of the Natick Indians to Sell the land within
mentioned for the purposes herein expressed The &^ Conim*'* to be
accountable. \^Passed Fehrnary 19.

CHAPTER 208.

ORDER ALLOWING £12. 10 TO JOHN DENNIS.

A Petition of John Dennis Chaplain to the Garrison at Fort Legislative
Frederick at Pemmaquid, praying that his Salary for the last Year council, xvui.,
may be made up equal to the Chaplains of the other Garrisons. Archiv^es^xii

Read and ^i3-

Ordered that the Petitioner be allowed out of the publick Treas- Mass.
ury Twelve pounds ten Shillings in full Consideration for his Service 4i2?"Hou8e''
as Chaplain to November 1747. \^Fassed February 19. pp"i-2is'203, 209.

CHAPTER 209.

ORDER ALLOWING COL*^ JOS' WILLARD FOR BILLETTING SOLDIERS.

A Petition of Col" Josiah Willard, shewing that in the Year Legislative
1746, he billeted the Soldiers under the Command of Cpt Eleazar ^^^""cif, xim®.
Melvin, at which Time the Government allowed thirty Shillings $? 292. Mass.
Week, Old Tenor, but the s*^ Melvin refuses to pay more than Twenty, ixx^in.^^se.
praying y* this Court would give Orders, y* he may have full Satis- Mass.
faction for s*^ Billeting. itl^n.^l'.

Voted That Cap* Melvin be Directed to pay the Memorialist (out House Joiir-
of the Billeting money now in his hand) Such Sum of money as may °* ' ^' '^^^'
appear to be due to the Memorialist for Billeting Sundry Soldiers
belonging to the S** Melvins Company, agreeable to the rates of
Billeting granted by this Court and to be Observed at the respec-
tive times when the Memorialist Billeted the Said Soldiers. \^Passed
February 19.

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 210-212.]

CHAPTER 210

Legislative
Records of the
Council, xviii.,
293. Mass.
Archives,
xxxi., 5.59.

Mass.
Archives,
xxxi., !559.
Legislative
Records of the
Council, xviii.,
43. House
Journal, p. 212.

ORDER RELEIVING JOHN QUINCY, ESQ^, FROM THE TRUSTEESHIP OF
THE PUNCAPAUG INDIANS.

A Memorial of John Quincy Esq"" Setting forth the Inconvenience
of his being Trustee for the Puncapaug Indians, by reason of his Dis-
tance from them, & praying to be discharged from that Trust, And
that the Bonds & other Writings belonging to them in his keeping,
be put into the Hands of some other Person to be appointed by this
Court to receive them.

Read and

Ordered that the Prayer of the Memorial be granted and that the
Mem° be allowed to deliver to the Guardians app"^'^ over the Stough-
ton Indians the Bonds herein mentioned ; the Interest thereof to be
applyed for their Eeleif.

The s'^ Guardians to be accountable. \^Passed Fehruury 22.

CHAPTEE 211.

Legislative
Records of the
Council, xviii.,
293. Mass.
Archives,
Ixxiii., 64.

Mass.
Archives,
Ixxiii., 64.
House Jour-
nal, p. 213.

ORDER ALLOWING £75 TO JOS' WILLARD AND EBENEZER HINSDELL.

A Memorial of Josiah Willard, shewing that he has been em-
ployed from the Year 1744, to this Time, as an Under Commissary
on the Western Frontiers, for which he has as yet received no Allow-
ance, Praying that this Court would make such Grant to him as they
Judge proper for said Service.

Eead and

Ordered that the Treasurer be directed to pay Commissary Gen-
eral to be by him paid to Mess" Josiah Willard and Eben'' Hinsdell
Under Commissaries the Sum of Seventy five pounds for their three
year's Service to the 26*^ of October last in such proportion to each
as s*^ Commissary shall Judge equitable. [^Passed February 22.

CHAPTER 212

Legislative
Records of the
Council, xviii.,
293. Mass.
Archives,
Ixxiii., 6L

Mass.
Archives,
Ixxiii., 60.
House Jour-
nal, pp. 203, 213.

ORDER GRANTING TO JOS^ WILLARD TRUCK MASTER A CREDIT OF
£302. 15. 7 AND £56.

A Memorial of Josiah Willard Esq' late Truck Master at Fort
Dummer, praying that he may be discharged of the Sum of £302.
15. 7 due from the Indians to Cpt Kellog the former Truck Master,
which he has never been able to recover of the Indians, as also of
£87. 14. 7 which the Indians were in Arrears to him at the break-
ing out of the War, as also of £56 being small Arms to that Value,
which he sold, to purchase Swivel Guns for said Fort.

Read and

Ordered that the Commissary General be directed (upon the Memo-
rialist's making Oath that He has not been able to get the whole, or
any part of the Debt mentioned) to replace the said Sum of three
hundred and two pounds fifteen Shillings and Seven pence Old ten'

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 87

to Cap Kellog's Ace' of Debt to the Province and give the Memo-
rialist Credit for that Sum And that the Mem" be allowed Credit
the Sum of fifty Six pounds Old ten"" Such Sum being advanced
in Exchange of Small Arms for Swivells And Patterarroes The s"^
Swivells and Patterarroes to be kept for the Service of the Prov-
ince. {^Passed February 22.

CHAPTER 213.

ORDER ALLOWING THE ACCO^ OF JOHN QUINCY, ESQ^, TRUSTEE FOR
THE PUNCAPAUG INDIANS.

An Accompt presented by John Quincy Esq"" Trustee for the Legislative
Indians of Puncapaug of Receipts & Disbursements from June councff xvm^
1745, to Decem^ 1747. ^,^-., .^^88.

Kead and xxxi., 556.

Ordered that the within Accompt be allowed and that the Ball^ Mass.
hereof being in Sundry Bonds the Sum of Six hundred thirty Six xxx^!^5^.
pounds fifteen vShillings and Six pence Principal with Interest belong- House Jour-
ing to the Indians the within named John Quincy is further Account- 212.' ''S'rete,' '
able for. [Passed February 22. p.^se.chap.

CHAPTER 214.

ORDER ALLOWING £.37. 10 TO JOHN NORTON.

A Petition of John Norton late Chaplain to the Garrison at Fort Legislative
Massachusetts, Praying for an Allowance of his Wages, during his councif, xviiL,
Captivity, since the s** Fort was taken, during which Time he con- "Archfve7\ii.
stantly Officiated by praying & preaching with y® Prisoners. 4oi.

Read and Mass.

Ordered that the Sum of thirty Seven pounds ten shillings be ^u^^House"'*
allowed the Memorialist in consideration of His Officiating as Chap- i°2^2n^2i7 ' '*^'
lain to the Prisoners whilst in Captivity at Canada. [Passed Feb-
ruary 23.

CHAPTER 215.

ORDER REFERRING ALL MATTERS PENDING BEFORE THE COURT OF
GEN' SESSIONS OF Y^- PEACE IN THE COUNTY OF MIDDLESEX.

Whereas the Court of General Sessions of tlie Peace by Law Legislative
appointed to be held and kept at Charlestown, within and for the counc'if, xlm.^
County of Middlesex, on the Second Tuesday of December last, was ^^cufves^^xiu
by Several adjournments, continued till Wednesday, the Seventeenth 594.
of this instant February. But, by reason of the extremity of the Sea- House Jour-
son on that day, a Quorum of the Justices of the said Court did not proV^nce^"
then meet at the Place to which the Same was adjourn'd; by means Laws, m., 64,
whereof, unless aided by this Court, some of His Majesty's Subjects ^ ^^'
in that Cotmty may be much prejudic'd

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 216-:^ 18.]

It is therefore

Ordered That all matters that were pending before the Said Court
at their Session aforesaid and not then pass'd on, be and hereby are
revived & continued over to their Session in March next; And the
Justices of the Said Court are allow'd and impowered to hear and
determine the Same accordingly. \^Passed February 23.

Legislative
Records of the
Council, xviii.,
294. Mass.
Archives,
Ixxiii., 35.

Mass.

Archives,
Ixxiii., 34.
Legislative
Records of the
Council, xvii..
Mis., 567.
House Jour-
nal, pp.29, 217.

CHAP TEE 21(3.

ORDER ALLOWING £7. 10 TO CAPf JOHN LANE.

A Petition of Cap* John Lane, Setting forth his Services & Suffer-
ings in the last & present War, that in the Expedition against Cape
Breton he contracted a Sickness, of which he is not yet recovered,
w'=^ has put him to great Charge; Praying for some Allowance from
this Court.

Eead and

Ordered that the Treasurer be directed to Pay out of the publick
Treasury to the Pef or his Order the Sum of Seven pounds ten Shil-
lings in consideration of his Sufferings abovementioned. \^Passed
February 23.

CHAPTEE 217.

ORDER ALLOWING WAGES TO GERSHOM HAMLIN.

Legislative
Records of the
Council, xviii.,
295. Mass.
Archives,
Ixxiii., 10.

Mass.
Archives.
Ixxiii., 10.
House Jour-
nal, p. 194.
Province
Laws, xlil., 465,
chap. 1.

A Petition of Gershom Hamlin a Soldier in the late Expedition
against Louisburg shewing that he Continued in that Service till the
9*"^ of May, 1746, but was carried out in the Roll no longer than till
the 9*'' of Octo'' 1745, Praying y* his Wages may be made out his full
Time.

Eead and

Ordered that the Comm®® of War be directed to allow the Usual
Pay to the Pet^ from October 9'^ 1745 to the 9"^ of May then next
following. \^Passed February 23.

CHAPTEE 218

Legislative
Records of the
Council, xviii.,
295. Mass.
Archives,
xviii., 355.

Mass.
Archives,
xviii., 3.54
House Jour-
nal, pp.98, 133,
217. Ante,
p. 40, chap. 95.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PET^' OF JOHN
FISHER, ESQB, FOR A NEW TRIAL OF AN ACTION.

A Petition of John Fisher Esq'' Shewing that in an Action of
Trespass, commenced by one Cromwell Oliver at the Inferiour Court
of Comon Pleas for the County of Suffolk against the Petitioner's
Son Ebenezer Fisher, who held Lands under the Petitioner as Gaur-
dian to John Gill & Israel Gill, Persons Non Compos, on which
Lands the Trespass was alledged to be Committed, That the Peti-
tioner demurred on a Plea of Title, & became bound to prosecute
his Plea, which he did accordingly; but in the Entry of his Action
his own Name was put instead of liis Son's Name; by Avhich Means
he lost his Cause, praying he may have an other Trial, & be impow-

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 89

ered to enter his Suit in the Name of Ebenezer Fisher, or be other-
wise releived by this Court, & Execution stayed.

Read, &

Ordered that the Pet' serve the adverse Party Cromwell Oliver
with a Copy of this Pet" that he shew Cause if any he hath on the
second Wednesday of the next Sitting of this Court why the Prayer
thereof sh*^ not be granted; And Execution Within mentioned is
stayed in the mean time. \_Passed February 23.

CHAPTER 219.

VOTE RESPECTING THE VOLUNTIERS TO BE POSTED AT FORT MASSA-
CHUSETTS AND N<5 4.

Voted that his Excellency the Captain General be desired to cause Legislative
as soon as may be so many men to be Enlisted by the Encouragement councif xvm^
Voted by this Court as with those Soldiers already posted at N° 4. & 296. Mass.
at Fort Massachusetts, will make the Number at each to be One hun- ixxiiL^;!'.
dred effective Men (Officers included) and to give Orders to the Com- House Jour-
manding Officers in said Garrisons respectively that a Suitable Number ^^J.- p- ■■^^^•
be constantly Employed to intercept the French & Indian Enemy in 220.
their Marches from Wood Creek & Otter Creek to our Frontiers to
Continue in said Service until the first of October next & that the
Commanding Officers keep fair Journals of their Marches from time
to time t& Eeturn the same to this Court & that over & above the
Bounty abovementioned & the pay & subsistance of the Province
agreeable to the last Establishment there be & hereby is granted to
be paid to the Officers & Soldiers in Equal Parts who shall be in
any Scout that may kill or Captivate any Enemy Indian the Sum
of £100 the Scalp of the Indian killed to be produced to the Gov-
ernour & Council in Evidence thereof. \^Passed February 23.'

CHAPTER 220.

VOTE IN REGARD TO THE ENLISTMENT OF VOLUNTIERS.

Voted that there be allowed & paid out of the publick Treasury Legislative
to every such able bodied effective man (not exceeding Four hun- Records of the

TT-i ii\ iTii 1 T •11 T-1 1 Council, XVlll.,

dred m the whole) one half to be destm d to the Eastern & the -i^

other half to the Western Frontiers) who shall voluntarily enter Mass.
into the Service of the Province to gaurd & defend the Inland i^xlliJ,%'-
Frontiers thereof for the Term of three Years, the Sum following, ^jfi"^}* 209"^'
viz' Five Pounds Bills of the last Tenor to Each Man on the Day s'wpra.chap.
of his Enlistment for the first Year, & the further Sum of Five ^^^'
Pounds Yearly on the Expiration of Each of the two succeeding
Years, over & above the last Establishment of Wages; Provided
the War with the Indian Enemy shall not come to an End in less
Time ; And that the said Voluntiers be dismissed the Service in
three Years next after their Enlistment ; That none of the Inhabi-
tants of the Frontiers be admitted to inlist & receive the said
Bounty, but such only as are deprived of the Benefit of their
Estates by the War: And the several Enlisting Officers are directed

* This date is according to Mass. Archives and the House Journal ; according to Leg-
islative Records of the Council the date is February 24.

Province 1jA.-w& {Resolves, etc.) . — 1747-48. [Chaps. 221-223.]

to take Duplicates of Each Enlistment signed by said Men, one of
which to be returned to the Treasurer, who is hereby directed to
pay the Bounty for the second & third Year to the respective Men
thus enlisted, or to their Order, which Bounties shall be carried
out in a separate Column in the Muster Roll of the next preceed-
ing Year, & the Officer who presents the same shall make Oath
that they still continue in the Service agreable to their Enlistment.

ALSO

Voted that his Excellency the Governour be desired to give Orders
that no man, thus enlisted, go into any other Service, And that all
impress'd men that now have been, or hereafter shall have been in
the Service more than one Year, be releived by others as has been
usual in time past. [^Passed February 23.'^

CHAPTER 221.

Legislative
Records of the
Council, xviii.,
295. Mass.
Archives,
Ixxiii., 02.

Legislative
Records of the
Council,
xviL (5), 36.
House Jour-
nal, pp.. 30, 215,
217, 220.

ORDER ALLOWING £8L 12. 3 TO COL'^ JOS^ WILLARD.

A Memorial of Col° Josiah Willard, Shewing that he was obliged
to lay out the Sum of Eighty One Pounds twelve Shillings & three
pence (to put Fort Dummer into a Condition of Defence) beyond
what was allowed by the Governm* for that service a little before
the War began. Praying that he may be allowed that Sum out of
the Treasury.

Read and

Ordered that the Sum of Eighty One Pounds Twelve Shillings
and three pence be allowed out of the Treasury to the Memorialist;
to be by him repay'd to the Persons to whom due. He rendring an
Ace* of the distribution of said Sums. \^Passed Fehruary 24.

CHAPTER 222.

Legislative
Records of the
Council, xviii.,
295. Mass.
Archives,
Ixxiil., 49.

Mass.
Archives,
Ixxiii., 49.
House Jour-
nal, pp. 219, 220.

ORDER ALLOWING £3 OR A GUN TO WILLIS HALL.

A Petition of Willis Hall of Sutton, Praying that he may be
allowed for a Gun and Coat & Waste Coat, which his Servant James
M'Clesson lost in an Engagement with the Indians, being then in
the publick Service.

Read and

Ordered that the Pef be allowed three pounds out of the pub-
lick Treasury in consideration of the Loss of the Gun within men-
tioned Or otherways that the Pet"" be allowed a Gun out of the
Province Store as He shall Chuse. '[Passed Fehruary 24.

CHAPTER 223.

ORDER ALLOWING £3 TO JOHN DAVIS.

Records^of the ^ PETITION of John Davis, shewing, that, being a Soldier in the
Council, xviii., Service of the Province in the Eastern Parts, he was wounded by

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is February 24.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 91

the Indians in the Hand, whereby he is disabled from Labour, Pray- ^6. Mass.
ing for some Allowance out of the publick Treasury for his Support. \xxm!X^.

Read and House Jour-

Ordered that the Pef be allowed three pounds out of the pub- nai. p- 219 ^'s-
lick Treasury, for his Support until He can be placd in one of the
Forts within the Province by Order of His Excellency the Cap''
Gen'. \^Passed February 24.

CHAPTEK 224.

ORDER APPOINTING A COMMITTEE ON THE PETITION OF JOHN DWIGHT
FOR A GRANT OF LAND.

A Petition of John Dwight of Killingsley in the Colony of Con- Legislative
necticutt, shewing y' there are two small Slips of Land belonging couucu^, x*v\^l,
to this Province lying upon Chabnnagungamug Pond, & Adjoining 297. Mass.
to the Petitioners Farm, Praying for a Grant of the said Land, xivi.,175.'
(which contains about Fifty Acres) for Services done by the Peti- Mass.
tioner to this Province, or for such other Considerations as this xiv*i^"i74.'

Court shall think fit. House Jour-

Li the House of Rep"^* Read and " . p-

Ordered that M' Lyon and M'' Davis with such as the Hon^'*

Board shall Joyn be a Comm*® to inquire into the value of the

Land Petition'd for, and all the other unappropriated Lands in

the County of Worcester, and report to this Court thereon

In Council Read & Concur'd & John Chandler Esq"' is joined.

\^PassGd Fehruary 24.

CHAPTER 225.

ORDER ALLOWING £4 TO ISAAC PARKER.

A Petition of Isaac Parker, Shewing that while he was in his Legislative
Majesty's Service, he was taken Captive by the Enemy, & then lost councif.xvm^,
his Gun, Praying that he may receive an other out of the publick -ipv. Mass.

, ' '' ° •' '^ Archives,

Stores. Ixxiii., 39.

Read and House Jour-

Ordered i]\2,t the Pef or His Order be allowed out of the publick aai,p.22o.
Treasury four pounds in consideration of the Loss of the Gun above-
mentioned. [Passed February 24.

CHAPTER 226. KSV

Couucil, xviil.,
297. Mass.
VOTE ALLOWING £5 TO SETH CHIPMAN. Archives,

ixxiii., 77.

Voted that the Comm'^'^ of War be directed to allow Thomas na^i^f.'^iewGS
Foster Esq"' for the Use of Seth Chipman the Sum of five pounds 221.' Province'
in consideration of the s** Chipman's Sufferings in the Expedition chap!'L '"'' *^'
ag* Cape Breton. [Passed February 24.

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 227-229.]

Legislative
Records of the
Council, xvili.,
297. Mass.
Archives, xlii.,
595.

House Jour-
nal, p. 218.
Province
Laws, iii.,64,
chap. 32.

CHAPTEK 227.

ORDER ADJOURNING THE PLYMOUTH COUNTY COURTS.

Whereas the time for the holding the Court of General Sessions
of the peace and Inferiour Court of Common pleas at Plymouth
within & for the County of Plymouth is by Law Established to be
on the fir[s]t Tuesday of march next & divers of the Members of the
General Court being Obliged to give their Attendance at said Court
of General Sessions of tlie peace and Inferiour Court of Common
Pleas and the Difficulties of the Season rendering it inconvenient
for the beforementioned Courts to Sit as aforesaid.

Therfore

Ordered that the said Court of GeneraL Sessions of the peace &
Inferiour Court of Common pleas be Adjourned to the last Tuesday
of March next and all Officers & Persons Concerned in said Court
are Ordered to Conform themselves to that time and all Writs pleas
recognizances and Processes whatsoever are to be heard adjudged &
Determined at that time as fully to all Intents & Purposes as if said
Courts were held on the first Tuesday of March aforementioned.
\Passed February 24.

CHAPTER 228.

ORDER ALLOWING £6. 5 TO THO^ HOSMER, JUN».

Legislative
Records of the
Council, xvili.,
297.

Legislative
Records of the
Council, xvii.,
Mie.,.%7.
House Jour-
nal, pp. 220, 221.
Province
Laws, xiii., 465,
chap. 1.

A Petition of Thomas Ilosmer Jun' of Concord, Setting forth
his Sufferings in the Sickness he contracted in the Service against
Cape Breton, & his Expence & Loss of Time thereby. Praying for
an Allowance from this Court.

Eead &

Ordered that the Committee of War be directed to pay the Peti-
tioner Six Pounds five Shillings in full Consideration for the Prayer
within mentioned. \^Passed February 24.

CHAPTEK 229.

ORDER GRANTING FURTHER TIME TO THE COMMISSIONERS TO EX-
AMINE THE ACCOUNTS OF AN INSOLVENT ESTATE.

Legislative
Records of the
Council, xviii.,
298. Mass.
Archives,
xviii., 291.

Mass.
Archives,
xviii., 290.
House Jour-
nal, p. 221.
Ante, p. 71,
Chap. 172.

A Petition of Daniel Ballard of Boston Joiner, shewing that lie
is the principal Creditor on the Estate of John Snowden ' of Boston,
which is rendred Insolvent, that the Petitioners Vouchers being
beyond Sea, he could not make his Claim at the Time limited by
Law, to the Commissioners for examining Claims, And for as much
as the Petitioner is now furnished with liis Vouchers, praying that
the Commissioners may be allowed further Time to receive & report
on his Claim.

Read and

Ordered that the Prayer of the Pet" be granted and the Commis-
sioners are allowed two Months to recieve and examine the Ace*^ the
time being elapsed notwithstanding. \^Passed February 24.

* Mass. Archives, xviii., '290, reads, "John Snow."

[3d Sess.] Province Laws (Hesolves, etc.). — 1747-48. 9o

CHAPTER 230.

ORDER ALLOWING £1,000 TO Y'- JUSTICES OF y- SUP'' COURT.

Ordered that tlie Sum of One thousand Pounds be granted & ^^sisiative

^^ -1 1 • 1 J p ^ 1 T 1 m ,1 TT K1 1 • Records of the

allowed to be paid out oi the publick ireasury to the Hon°'® his Council, xvui.,

Majesty's Justices of the Superiour Court of Judicature, Court of —

Assize & General Goal Delivery for their Service One Year, ending Sii"p!223!^"
the first of January last. [Passed February 26.

CHAPTER 231

ORDER ALLOWING £40 TO Y^ SECRETARY". Legislative

Records of the
Council, xviii..

Ordered that the Sum of Forty Pounds be granted and allowed "^^

to be paid out of the j^ublick Treasury to Josiah Willard Esq"" Sec- House Jour-
retary of this Province in full for his Service for one Year, ending /n/ra.'chap.
the third Day of December last. [Passed February 26. 232.

CHAPTER 232

ORDER ALLOWING £135 ADDITIONAL TO THE SECRETARY. Legislative

Records of the

Ordered that the Sum of One hundred & tliirty five Pounds be 299.
granted & allowed to be paid out of the publick Treasury to Josiali House Jour-
Willard Esq"" Secretary &c. in Consideration of his extraordinary Ser- stpm.'ci^ap.
vices to the twenty ' Day of December last, [Passed February 26. '^^^-

CHAPTER 233.

ORDER ALLOWING £160 TO Y" TREASURER.

Ordered that the Sum of One hundred & Sixty Pounds be granted Legislative
& allowed to be paid out of the Publick Treasury to William Foye council, xviii.,

Esq*" Treasurer & Receiver General of his Majesty's Revenues of —

this Province for One Year, ending the second day of January last. ^ai"tf 224"^"
[Passed February 26. /(i/m, chap.

■- -^ 234.

CHAPTER 234.

ORDER ALLOWING £190 ADDITIONAL TO THE TREASURER. Legislative

Records of the

Ordered that the Sum of One hundred & Ninety Pounds be 299.
granted & allowed to be paid out of the Publick Treasury to Wil- House Jour-
liam Foye Esq'' Treasurer &c. in Consideration of his extraordinary ^supra^ta\^.
Services occasioned by the War. [Passed February 26. 233.

' Written " twentieth," in State Library copy, Legislative Records of the Council, xviii., 286.

Province Laws (i?eso?yes, e^c). — 1747-48. [Chaps. 235-239.]

Legislative
Records of the
Council, xviii.,
299.

House Jour-
nal, p. 2U.
Infra, chap.
•236.

CHAPTER 235.

ORDER ALLOWING £200 TO Y^ COMMISSARY GEN^'

Ordered that the Sum of Two hundred Pounds be allowed & paid
out of the Publick Treasury to John Wheel wriglit Esq'' Commissary
General for his Service in that Office for one Year. [Passed Feb-
ruary 26.

CHAPTER 236.

ORDER ALLOWING £200 ADDITIONAL TO THE COMMISSARY GENERAL.

Legislative
Records of the
Council, xviii.,
299.

House Jour-
nal, p. 225.
Supra, chap.
235.

Ordered that the Sum of Two hundred Pounds be allowed & paid
out of the publick Treasury to John Wheelwright Esq'' Commissary
General in Consideration of his Care & Trouble in the Business of
the Expedition against Canada, & in transacting the other extraor-
dinary Affairs of the Province. [Passed February 26.

CHAPTER 237.

ORDER ALLOWING £.300 TO PRESID^ HOLYOKE OF HARVARD COLLEGE.

Legislative
Records of the
Council, xviii.,
299. Mass.
Archives,
Iviii., 335.

House Jour-
nal, p. 224.

Ordered that the Sum of three hundred pounds be granted and
allowed to be paid out of the Publick Treasury to the Reverend
Edward Holyoke President of Harvard Colledge over and above
the Rents of massachusetts Hall for one Year ending the tenth of
September next to be paid Quarterly, [Passed February 26.

CHAPTER 238

ORDER ALLOWING £75 TO REV^' EDWARD WIGGLESWORTH.

Legislative
Records of the
Council, xviii.,
300. Mass.
Archives,
Iviii., 335.

House Jour-
nal, p. 2'24.

Ordered that the Sum of Seventy five pounds be granted and
allowed to be paid out of the Publick Treasury to the Reverend
Edward Wigglesworth HoUisian Professor of Divinity at Harvard
Colledge in Cambridge as a Gratuity, in consideration of his faith-
ful Discharge of that great & Important Trust reposed in him and
for his further Encouragement therein. [Passed February 26.

CHAPTER 239.

ORDER ALLOWING 2/ 6 PER DIEM TO Y^ SPEAKER.

Record"of the Ordered that there be granted & allowed to be paid out of the
Council, xviii., publick Treasury, two shillings & Six pence fj Diem to Thomas
Hutchinson Esq' Speaker of the House for every Day of his Attend-

300.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 95

auce in the General Court from the Opening of tlie Session on the House Jour-
28*'^ of May 1746, to the End of this Year in Consideration of his ^*^'P-224.
constant Application in discharging the publick Affairs of the Prov-
ince. \^Passed February 26.

CHAPTER 240.

ORDER ALLOWING £20 TO Y'' CHAPLAINS.

Ordered that the Sura of Twenty Pounds be granted & allowed ^^g'»^l"'^p.^
to be paid out of the Publick Treasury, viz*^ One half to the rev*^ Council, xviii.,

Chaplain of the hou^'*^ Board the present year, the other Half to ^~

the Eev'^ Ellis Gray the Chaplain of the House for their respective na^i^p*; 224^'
Services the present year. [Passed February 26.

CHAPTER 241.

ORDER ALLOWING £100 TO Y^ CLERK OF THE HOUSE.

Ordered that the Sum of One hundred Pounds be granted & R!^*rd*'^f th
allowed to be paid out of the publick Treasury to Roland Cotton Council, xvui.,

Esq'' Clerk of the House for his Service in that Trust the present ^—

year. [Passed February 26. n^Cv-^^i^'

CHAPTER 242.

ORDER ALLOWING £35 TO Y^ DOOR KEEPER.

Ordered that the Sum of Thirty five Pounds be granted & allowed Legislative

• Kccorcls of t>ii6

to be paid out of the publick Treasury to M"" Abraham Belknap Door council, xviii..

Keeper to his Excy the Governour & this Court, in full for his Ser- ~

vice for one half Year to be accounted from the twenty first day of naTif 2^^
October last. [Passed February 26. '

CHAPTER 243.

ORDER APPOINTING A COMMtee TO RECEIVE AND DISBURSE THE
BOUNTY MONEY TO PERSONS HAVING BEATING ORDERS.

In the House of Rep^*^ Legislative

Whereas this Court by their Vote of the 23 of Feb'-'' Ins' have Councif.-xviii^,
Allowed to four Hundred men to be Employed in the Eastern & Archiv^es?'
Western frontiers A bounty of five pounds bills of the last Tenor ixxiii., se.
to Each one who Shall Enlist into the Service of the Government House Jour-
as Expressd in S*^ Vote ^nie,''^.'U,

Ordered that M-" Allen and M' Hubbard with Such as tlie Hon"'"^ '^•^^p- 22«-
Board Shall Joyn be a Com'^'' to receive the S** Bounty Money Who
Shall deliver the same to Such persons as his Excellency Shall give

96 Provixce Laws (i2eso?t'es, e/c). — 1747-48. [Chaps. 244, 245.]

beating Orders to: The S*^ Coni'*^ to take SuflBcient Security of Such
persons for the faithf all Disposition of S*^ Money & to lay an Account
of their doings herein before this Court

In Council; Read & Concur'd And Sam^ Watts Esq"^ is joined in
the Affair, [Passed February 26.

CHAPTER 244.

ORDER IMPOWERING JONAS CLARK. ESQ^, TO CALL A PROPRIETORS
MEETING AT BEDFORD.

Refordsof the ^^ PETITION of Samuel Welles & Jonas Clarke Esq" & Belcher
Council, xviii., Xoyes a Committee of the Proprietors of the Plantation called
Archives.^cxv., Bedford, Shewing that the Proprietors at their Meeting ordered

-^ by this Court, neglected to agree upon a Method for calling Meet-

HouseJour- i^gs for the future, & there being present Occasion for a Meeting,
Province" Praying that this Court would order it.

Law8.xiii..533, jjg^^ ^^^

Ordered that the Prayer of the Pet° be granted and that Jonas
Clark Esq' be and He hereby is Impowered to Call a Prop'' Meeting
at time and Place as He shall Judge convenient. And that the s''
Prop'" at said Meeting are hereby authorized to Agree on A Method
for calling such Meetings for the future, [Passed February 26.

CHAPTER 245.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE MEMORIAL
OF THOMAS HUTCHINSON.

fe!flt!?**Jf fi ^ A Memorial of Thomas Hutchinson of Boston Esq"" offering Pro-

Kecords of the . . p ,^ ■ r-< c • , ,^ ■\r T

Council, xviii., posals to the Consideration oi this Court, referring to the Medium
Archives.'cilf,^' of Trade within this Province,

^"'^- The Committee apiDointed to take under Consideration the Memo-
Mass, rial of Thomas Hutchinson Esq' & to make Report, have maturely

ArcniVGSt cii • •

371. Province considered the Same, & are Unanimously of Opinion, that the Pro-
House JolJ"^' posals in the Memorial, may prove very salutary to the Province;
nai,pp.204,220. \n(j the Committee have prepared a Bill, which is herewith hum-
bly offered; A Copy whereof, they are of Opinion, should be sent
to the Governments of Connecticutt, New Hampshire & Rhode
Island, & that it should be proposed to each of those Governments
to appoint Commissioners to meet in this Province the 12"' of April
next, or as soon after as may be, to treat with such Commissioners
as shall be appointed by this Government in Order to the bringing
to a Period the Bills of all these several Governments in like man-
ner as is proposed for the Bills of this; & also to settle the Rates
& Value of 5loney in the Several Governments for the future.

Jacob AVendell by Order
Read and
Ordered that this Report be accepted, [Passed February 26.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 97

CHAPTEK 246.

ORDER DIRECTING THE PAYMENT OF SUBSISTENCE TO GERSHOM legislative

H A ATT TM Records of the

±lAML,iJN. Council, xviii.,

301.

Ordered that the Committee of War be directed to allow usual House Jour-
Subsistence to Gershom Hamlin from Octo"" 9*'' 1745, to the 9* of Pi-ovince''
May then next following. [Passed February 26. ciffo^'i^"!i'n<'^°'

p. 88, chap. 217.

CHAPTER 247.

ORDER ALLOWING £229. 3. 2 TO CAP^ THO^ CHENEY.

A Petition of Thomas Cheyney, Shewing that he raised a Com- Legislative
pany of One hundred Men for the Expedition against Canada, & councif, xviiL,
marched from Dudley to Northfield, & paid their Subsistence as ^Jch^Jer'
also for their Ammunition; Praying that he may be reimbursed ixxiu., 59.
that Charge, being £259. 3. 2. Mass.

Read and li^xm.^ll'.

Ordered that (after a deduction made of thirty pounds paid by ^ouse'jour-

.irM • ^n ts .^ •• o p llim i Ual, pp. 216, 223.

the Commissary Gen') the remaining Sum oi two hundred Iwenty
Nine pounds three Shill^'* and two pence Bills of the Old ten'' be
allowed and paid the Pef out of the Province Treasury in full dis-
charge of the said Account. [Passed Fehruary 26.

CHAPTER 248.

ORDER IMPOWERING THE COLLECTOR OF TAXES IN THE N^ PRECINCT
IN EASTHAM, TO COLLECT THE PROVINCE TAX AND TO DISTRIBUTE
THE SAME TO FAMILIES THAT HAVE SUFFERED FROM SMALL POX.

On the Petition of the North Precinct in Eastham, [ante, Legislative
p. 43, chap. 104] ^^i!X.^^,

Read & 304. Mass.

A.rClllVG8 cxv

Ordered that Benjamin Sweat the present Collector of that part 234.
of the Province Tax laid on that Precinct Proceed to Collect the Mass.
same; ami instead of Paying the same into the Province Treasury; ^s^'^noilse^^''
He be directed to pay the same into the hands of the present Select Jo"'"°''*^' p- 223-
Men of the Town of Eastham, to be by them distributed to the chap. 164. '
several Familys, that have been Visited with the small Pox in said
Precinct the Year past (the Indians to be included) in proportion
to the Number that had that distemper in their respective Families.
And that the Province Treasurer be directed to discount the same
out of the said Town's Tax the Year past, and Charge the Province
therewith, on it's being Certifyed by said Select Men, that they have
recieved the said Tax for the IJse aforesaid. [Passed Fehruary 26.^

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is March 2.

Province Laws (Besolves, etc.). — 1747-48. [Chaps. 249-251.]

CHAPTER 249

VOTE APPOINTING A COM^ee tO M:^ET GENT^ FROM Y^ OTHER GOV-

ERNM™.

Legislative
Records of the
Council, xviii.,
302. Mass.
Archives, cii.,
373.

House Jour-
nal, p. 226.
Ante, p. 96,
chap. 245.

In the House of Eep"^'

Voted that M"' Speaker and John Choate Esq"" with such as the
Hon''''^ Board shall appoint be a Committee to Meet with such Gen-
tlemen as shall be appointed by the other Governments, pursuant
to the Vote of this Court of Acceptance of the Eeport of the Com-
mittee of both Houses, upon the Memorial of Thomas Hutchinson
Esq

In Council; Read & Concur'd And Samuel Welles Esq'' is joined
in the Affair. [Passed February 27.

CHAPTER 250

Legislative
Records of the
Council, xviii.,
305. Mass.
Archives,
Ixxiii., 52.

Mass.
Archives,
Ixxiii., 50.
House Jour-
nal, p. 227.

ORDER ESTABLISHING THE PAY OF THE CAPTAIN OF CASTLE WILLIAM.

A Memorial of Spencer Phips Esq"^ Commander of his Majesty's
Castle William, Shewing that this Court in raising the Pay of the
Garrison at s'^ Castle, have not raised his Pay, & therefore Praying
that his Pay for the last, as well as this present Year may be like-
wise raised.

Read and

Ordered that the Establishment of the Captain of Castle William
for the Year past be One hundred pounds. [Passed March i.'

Legislative
Records of the
Council, xviii.,
306. Mass.
Archives, xii.,
436.

Legislative
Records of the
Council, xviii.,
298. House
Journal,
pp. 197, 207, 208,
227. Ante,
p. 29, chap. 63.

CHAPTER 251.

ORDER ERECTING EZRA CLAP AND OTHERS OF THE FIRST PARISH IN
MIDDLEBORO WITH THEIR ESTATES INTO A PRECINCT.

John Quincy Esq'' from the Committee of the Board on the
Conference with a Comm*^*^ of the House on the Petition of Ezra
Clap & others of Middleboro made Report.

Ordered that the said Ezra Clap and his Associates belonging to
the first Parish in Middleborough who have usually Attended And
do now attend the Publick Worship of God in the New Meeting
house in Said Parish with their Estates be and hereby are Made A
Distinct & Seperate Precinct And Invested with all Such powers &
Privileges as other Precincts in this Province do or by Law ought
to enjoy. Provided that Such Persons do within two Months next
ensueing give in a List of their Names into the Secretarys office. And
they Shall be Intitled to one half part of all the Ministerial Lands
belonging to Said first Precinct, and Shall be Excused from paying
any part of the Thousand Pounds Tax, raised by said first Precinct
for the repairing the old meeting house & Setling the Rev'^ M" Weld
there ; Provided also That the Pet" pay their proportion of the other

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is March 2.

[3d Sess.] Province Laws (Besolves, etc). — 1747-48. 99

Eates Agreed Upon before by S"^ first Parish And That the Charge
of the Com^'^'^ Sent up to S'' first Precinct by this Court Amounting
to the Sum of fifteen pounds be paid in Equal halves by both Pre-
cincts. [Passed March i.'

CHAPTER 252.

ORDER FOR ADJOURNING THE COURT OF GENERAL SESSIONS &c. IN
THE COUNTY OF BRISTOL.

Whereas the time for holding the Court of Gen^ Sessions of the Legislative
Peace and Inferiour Court of common Pleas at Taunton within and councif xvm^
for the County of Bristol is by Law established to be on the Second 306. Mass.
Tuesday of March Currant^ and divers of the Members of the Gen- eoi? ^^^^' ^ "''
eral Court being obliged to give their Attendance at Said Court, in province
the County afores^ and the Difficulties of the Season rendering it Jjj^^^^/'glV'o^^'
inconvenient for the before mentioned Court, to Sit as aforesaid. chap', is.'

Therefore

Ordered, That the S*^ Court of General Sessions of the Peace and
Inferiour Court of Common Pleas for the Said County of Bristol be
adjourned to the first Tuesday of April next; And all Writs Pleas
Warrants Recognizances Processes and Matters Whatsoever are to
be heard adjudged and Determined at that time as fully to all In-
tents and Purposes as if Said Courts were held on the Second Tues-
day of March above mentioned.'^ [Passed March i.'

CHAPTER 253.

VOTE IN REGARD TO THE SUPPORT OF MINISTERS.

Voted that it be & it hereby is strongly recommended to the Sev- Legislative
eral Churches, & Congregations within this Province to make an counc^f xviu^
honourable Provision for the Support of their Ministers propor- 305.
tionable to the great Rise of the Necessaries of Life, since their Mass.
Settlement, Also 4^^ "proVfnc^

Voted that the Clerks of the several Towns within the Province ^otl^'HoJigg"'
which have not been divided into Parishes, & also the Clerks of Journal, p. 229..
every Parish & Precinct within the Province be required to lodge
in the Secretary's Office some time before the Sitting of the Court
in May next, an Attested Copy of the Contract made with the Min-
ister of such Town, Parish or Precinct at his Settlement, & also an
Attested Copy from the Records, of the Salary granted or paid to
such Minister the present Year, & also of the Salary granted for the
Year 1748, where such Grant shall have been made; And further.

Ordered that this Vote be forthwith printed. And that the Sheriffs
of the Several Counties take ^ the Province take effectual Care that
the Clerks of Each Town & Precinct be furnished with a Copy hereof,
& to be by them laid before their respective Towns & Precincts as
soon as may be. [Passed March 2.

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is March 2.

- Not found in the House Journal.

^ "Within," in Mass. Archives, xii., 435a.

100

Province Laws {Resolves, etc.)'. — 1747-48. [Chaps. 254-256.]

CHAPTER 254.

ORDER ON THE PETITION OF JACOB WILEY TO BE SET AT LIBERTY.

Legislative
Records of ttie
Council, xviii.,
303. Mass.
Archives, xlii.,
580.

Mass.

Archives, xlii.,
579. House
Journal,
pp. -231, 232.
Ante, p. 82,
chap. 200.

A Petition of Jacob Wiley of Woodstock, shewing that Not
withstanding the Order passed by this Court the 6^'' of February
last on his former Petition, whereby he is allowed a new Trial of
the Action between him & John Woodside,' & the Execution is
Ordered to be staid, Joseph Wright Under Sheriff of the County
of Worcester has served the said Execution upon him & committed
him to Goal, altho the Petitioner had served him with a Co^jy of
the said Order, Praying that he may be released from his Imprison-
ment & reap the Benefit of said Order.

Read & Accepted, and thereupon

Ordered that Jacob Wiley the Petitioner be forthwith set at Lib-
erty from Goal, upon his giving Security to the Sheriff of the County
of Worcester, that in Case John Woodhouse recover Judgm* against
him on the AYritt of Review which this Court have impowered him
to bring against said Woodhouse said W^iley shall pay the Sum he
is now imprisoned for, with incident Charges, And the said Sheriff
is directed to set the Pet"^ at Liberty accordingly. [Passed March 2.

CHAPTER 255

Legislative
Records of the
Council, xviii.,
304. Mass.
Archives,
xxxi., 567.

Legislative
Records of the
Council, xviii.,
43. House
Journal,
pp. 192, 193, 197,
198 (January,
1746) ; p. 233.

RESOLVE IN REGARD TO PETITIONS FROM INDIANS TO SELL LANDS.

Whereas there may happen great Inconveniences by this Court's
passing Orders for selling the Indians Land, upon such Petitions as
are usually brought in; And whereas this Court has appointed Guar-
dians over the Indians in their several Plantations, to prevent their
being imposed upon by evil minded Men ;

Resolved that for the future no Petitions for selling Indians Land
be received, unless such Petitions be recommended by the respective
Guardians of the s'^ Indians. [Passed March 2.

CHAPTER 256.

ORDER IMPOWERING Y'^ EXEC^^ OF CHARLES CHURCH ESQ^s LATE
SHERIFF OF BRISTOL COUNTY, TO DELIVER UNSATISFIED EXECU-
TIONS INTO THE HANDS OF THE PROVINCE TREASURER.

Legislative
Records of the
Council, xviii.,
304. Mass.
Archives, xlii.,
465.

Mass.

Archives, xlii.,
463. House
.Journal,
pp. 232, 233.

A Petition of Thomas Green, Simon Davis & Samuel Chandler
Executors of y° last Will & Testament of Charles Church Esq"" Dec*^
late Sheriff of the County of Bristol, Shewing that they have in their
hands, a Number of Executions ag^* divers Constables, in said County
issued by the Province Treasurer, divers of which are not satisfied.
Praying for the Order of this Court to deliver 'em up to the s**
Treasurer.

Read and

Ordered that the Executors of Charles Church Esq' be allowed

1 Mass. Archives, xlii., 579, reads, "Woodhouse."

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 101

and directed to deliver the Executions herein mentioned into the
hands of the Province Treasurer, and so many of them as are
against Constables within this Province be forthwith renewed for
so much as remains due upon them and that He deliver them to
the present Sheriff of the County of Bristol, together with such
of the Originals as are against the Constables within the Province,
and that the said Sheriff Settle the same as soon as may be, and
Collect what Yet is Justly due from each Constable, and return the
same together with all the Executions into the Province Treasury.

And that James Williams Esq'' be app"^*^ to take the remainder of
the s'^ Executions that remain in full or in part unsatisfyed which
are ag' Constables now out of the Province & make strict inquiry
what Sums the said Constables have paid to Charles Church Esq""
Dec'd when Sheriff and make report as soon as may be. And that
the &^ Williams have such reasonable allowance for said Service as
this Court shall Order And that the s*^ Exec"' remain Accountable
Until the further Order of this Court. \^Passed March 2.

CHAPTER 257.

ORDER GRANTING TO LIDIA LEBOSQUOIT A LICENCE TO RETAIL STRONG

LIQUOR.

A Petition of Lidia Lebosquoit, Shewing that her late Father Legislative
Joshua Scottow of Charlestown Dec'^ had a Licence to retail strong counc^f, xvm^.
Drink, that the Management of that Business has for divers Years 305 Mass. '
(her Father being aged & infirm) been in her hands; And therefore uo. ' ' '
Praying that the Court of General Sessions of the Peace for the Mass.
County of Middlesex may be impowered at their next Session to Archives, cxi.,-
grant the Petitioner (who is a Widow) a Licence to retail &ce.

Eead, &

OrderW that the Prayer of this Petition be granted, and that the
Justices of the Court of General Sessions of the Peace at their next
Session in Charles town in the County of middlesex, be & they are
hereby impowred (if they see cause) to grant Licence to the Peti-
tioner to Eetail strong Liquors agreable to the tenor of this her
Petition, (She Recognizing as the Law directs). The time by Law
appointed for granting Licences being elapsed notwithstanding.'
\Pa8sed March 2.

CHAPTER 258.

VOTE ALLOWING £;J0 TO LIEU'^ JOHN LARRABEE. Legislative

Records of the
Council, xviii..

Voted that the Sum of Fifty Pounds be granted and allowed to 305.

be paid out of the publick Treasury to John Larrabee Lieutenant Legislative
of his Majesty's Castle William in Consideration of his extraordi- councif, xvu.t
nary Expence the last Year. \^Passed March 2. House Jour-

nal, p. 229.
^ Not found in the House Journal.

102

Province Laws {Resolves, etc). — 1747-48. [Chaps. 259-261.]

CHAPTER 259

ORDER IMPOWERING JANE PRINCE, ADMINISTRATRIX, TO SELL REAL

ESTATE.

Legislative
Records of the
Council, xviii.,
307. Mass.
Archives,
xviii., 300.

Archives,
xviii., '29'J.
House Jour-
nal, pp.233, 234.
Province
Laws, ii., 151,
chap. 10.

A Petition of Jane Prince of Boston Widow & Administ^ of the
Estate of Moses Prince, Shewing that the said Moses died, seized of
One half part of a Stream in the Town of Wareham in the County
of Plimonth with a Dam & Grist mill & four Acres of Land, That
the said Mill & Dam are much out of Eepair & she is not able to
repair it; Praying for Liberty to Sell the Same.

Read and

Ordered that the Prayer of the Petition be granted and that the
said Jane in her Capacity as Adm^ to the Estate of her late Hus-
band Moses Prince be impowered to make Sale of one half part of a
Grist Mill Stream and Dam and four acres of Land adjoyning belong-
ing to the said Estate laying in Wareham in the County of Plymouth
for the most it will fetch and to Execute a good Deed for the Same
accordingly. She first Posting up Notifications according to Law
and giving Caution to the Judge of Probate for the County of Suf-
folk to lay out the purchase money in such real Estate as may be
of immediate Service to her and her Children, or to lett it out at
Interest on good Security, She taking elfectual care, that the Value
of the Money be secured for the Benefit of the Children as they
shall respectively come of Age. [Passed March S.

CHAPTER 260

Legislative
Records of the
Council, xviii.,
308. Mass.
Archives, cii.,
376.

Legislative
Records of the
Council, xvii.,
Mis., 5fi3.
House .Jour-
nal, p. 233.

ORDER IMPOWERING THE PROVINCE TREASURER TO PROCEED AGAINST
DELINQUENT CONSTABLES & COLLECTORS.

Ordered that in case any Constable or Collector of any Town or
District in the Province shall on the first of May next be deficient
for any part of the Province Taxes before the Year 1747 That in
such Case the Treasurer be directed without delay to Issue forth Ex-
ecution ag* such deficient Constable or Collector. [Passed March 3.

CHAPTER 261.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE POWDER
HOUSE AT CHARLESTOWN AND ALLOWING £94. 8. 8^ FOR THE PUR-
CHASE THEREOF.

Legislative
Records of the
Council, xviii.,
308. Mass.
Archives,
Ixxiii., 87.

House Jour-
nal, p. 233.
Ante, p. 33,
chap. 73.

The Committee appointed to fit the Stone Wind Mill at Charles-
town for a Powder House, reported that they had finished the said
Work, & that there remaind due to them, to ballance their Accompt,
the Sum of £94. 8. 8i

Eead and

Ordered that this Report be accepted and that the Sum of Ninety
four pounds Eight Shillings and eight pence one farthing be allowed
out of the publick Treasury to the s** Committee in full discharge
for said Purchase. [Passed March 3.

[3d Sess.] Province Laws {Resolves, etc.), — 1747-48. 103

CHAPTER 2(32.

ORDER WITH STAY OF ALL PROCESSES GRANTING TO JOHN HIGGIN-
SON &c. LIBERTY TO BRING FORWARD A WRIT OF REVIEW OF A
JUDGMENT.

On THE Petition of John Higginson & John Dodge, \_ante, Legislative
p. 58, chap. 149] _ • ^oTncu.fvm:

Read, and it appearing that the Adverse Party Nathan Bowen has ^9- Mass.
been Serv'd with a Copy of this Petition, but no Answer given in; xviii., -273.

Ordered that the Prayer of the Petition be and hereby is granted ; Mass.
and that no Process of Scire facias, or any Exon issue on the Judg- xviii'^\^7o
ment upon the Appeal, founded on the Note of hand within men- House Jour-
tion'd ; but that the Same be Staid until a writ of Review may be AniF,\>. 68,
purchas'd and a new trial had upon upon ' the Review of the last *^^^^- ^'^^'
mention'd Judgment : And the Pef'^ are allow'd to bring forward
the Same at the next Sup"" Court of Judicature &c^ to be holden
at Ipswich within and for the County of Essex. And the Justices
of the Said Court are impowered to hear and try the Said Cause
enter up Judgment thereon and award Execution accordingly. And
all Process on the Bond within mentioned is also Staid until a Judg-
ment be had upon the Review of the Judgment that was obtaiu'd
upon the aforesaid appeal. And the said Bond to be of no other
Force, Effect or Intent than if it had been given to review the
Judgment aforesaid at the Court before mention'd

Provided the Pef Serve the adverse Party before named with a
Copy of this Order fourteen Days at least before the Sitting of the
Said Court; And also give Sufficient Security to the Sheriff of the
County of Essex to pay Such Sum or Sums as shall finally be recov-
ered of him with Interest therefor until Judgment. [Passed March 4.

CHAPTER 263.

VOTE IMPOWERING WILLIAM BOLLAN ESQe TO RECEIVE FOR THE USE
OF THE PROVINCE SUCH SUMS AS MAY BE GRANTED BY PARLIMENT
FOR EXPENSES OF LOUISBURG EXPEDITION.

Voted that William Bollan Esqr one of the Agents of this Prov- Legislative
ince impower'd to sollicit the payment of their Expences in takeing counc'if, xli^u^
and secureing Cape Breton be and the said William Bollan Esqr is 3U. Mass.

hereby authoriz'd & fully impower'd to receive for the Use of this 420.

Government all such Sum or Sums as are or shall be granted by Legislative
Parliament to or for the Province for the payment of the Expences c^° c*if *^' ^^^
aforesaid. [Passed March 5. xvii. (5)', 147.

House Jour-
nal, p. 237.

CHAPTER 264.

ORDER ALLOWING £47. 14. 6 TO CPT. JEFFRY BEDGOOD.

An Accompt presented by Cap' Jeffry Bedgood of Time & Ex- Legislative
pence in fitting Hulks to be sunk in the Channel in Case of an coSSxviu^,
Invasion from the French Am" to y® Sum of £47. 14. 6. 3^i-

1 Sic.

104

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 2G5, 266.]

Eead &

Ordered that the within Accompt be allowed & that the Accompt-

Legislative
Kecords of the
Council, xvii.,

Hou'se*Jour- ant receive out of the publick Treasury the Sum of forty seven Pounds
"^nte'v^ti fourteen Shillings & six pence, Old Tenor, to be by him paid to the
chap! 155. ' sev' Persons to whom the same is due. [^Passed March 5.

CHAPTEE 265.

ORDER GRANTING TO JAMES CLEMENT LICENCE TO KEEP A TAVERN.

Legislative
Records of the
Council, xviii.,
312. Mass.
Archives, cxi.,
149.

Mass.

Archives, cxi.,
147. House
Journal, p. 236.

A Petition of James Clement, Shewing that the House upon
Minot's Wharf in Boston which has for many Years past been used
for a Tavern, having been vacant. Your Petitioner has hired the said
House in Order to keep a Tavern there. And therefore praying that
the Court of General Sessions of the Peace for the County of Suf-
folk, may be impowered at their next Meeting to grant him a Licence.

Eead and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Suffolk be impowered At their next Session to grant
the Pef a Licence. He first obtaining the Approbation of the Select
Men of Boston. The time for granting Licences being elapsed' not
withstanding. {^Passed March 5.

CHAPTER 266.

VOTE ALLOWING £3,682. 13 FOR PAYING THE ACCO^^ oF BILLETING Y=

CANADA SOLDIERS.

Legislative
Records of the
Council, xviii.,
312. Mass.
Arcliives,
cclxxxiii.,49.

House Jour-
nal, pp. 239, 240,
241. Ante,
p. 67, chap. 159.

Voted that there be allowed and paid out of the Province Treasury
the Sum of Three Thousand Six Hundred Eighty two pounds thir-
teen ShilP to Satisfy the Several Acco"^ hereaftermention*^ of billet-
ting the Canada Soldiers between the Last Day of Fe\f^ & the 26**^
Day of Octo' last '

Viz Sunderland
New Salem
Rhoad Town
Hadly

Thomas Temple
To be paid to Eleaz' Porter Esq'

Weeks

(lavs

238

@6/3 .

. 74. 7.

245

7/6 .

91. 19.

248

7/6 .

93. 5.

124

6/3

38. 16.
4. 0.

1,784

Hatfield .

Col Hinsdell

Elisha Ellis ....

John Hubbard ....

Col Hinsdell ....

Lev' John Hurburt .

To be paid to Oliver Partridge Esq'

Deerfield .
Falltown .
Hugh Morrison
Arch' Pamiel .
Thomas French
David Field
Tim" Childs Jun'
M'' Jon" Ashley
John Catlin Jun''

@6/3

557. 12. 10

171. 2. 0

I. 4. 0

6. 2. U

25. 4. 9"

16. 10. 7i

3,857

@7/

107

7/6

302. 10. 0

1,3.50. 5. 0

30. 18. 0

40. 7. 11

0. 12. 11

0. 17. 6
5. 13. 51

14. 12. 7l

1. 0. 71
0. 5. O"

777. 16. 4
1,080. 6. 4

' The following is from Mass. Ai-chives. Some discrepancies appear in the account
given in Legislative Records of the Council.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48.

105

Mary Wells 0. 5. 0

Jonathan Sheldon 0. 2. 6

Samuel Beldin 1. 3. 0

John Stebbins 1. 0. 0

Samuel Shattuck 0. 2. 0

Thomas Wells Esq'' 0. 3. 0

Joseph Smeed ......... 0. 10. 6

Daniel Anns Jun'' ........ 0. 4. 0

John Hawks 0. 2. 6

Samuel Childs 0. 1. 0

Daniel Arms ......... 0. 0. 6

Jeremiah Nims . . . . . . . . 0. 3. 0

David Childs 0. 5. 6

Samuel Bardwell 0. 2. 0

Jonathan Hoit 0. 7. 0

Asa Childs 0. 1. 0

Joseph Clesson ......... 0. 6. 6

Mary Amsdell 0. 0. 6

John Catlin 0. 7. 6

Samuel Bardwell Jun' 0. 4. 0

Tim° Childs 2. 7. 3

Samuel Dickinson 0. 19. 6

To be paid to M-' David Field

1,453. 10. 9^

Westfield . . 224 6

Blanford . . 122 2

Stoekbridge . 711 2

Jesse Taylor

Samuel Bryan

Solomon Ransford

Moses Cleveland

Armour Hamilton

To be paid to Tho» Ingersol Esq

'6/3

'7/6
7/6

399

2 @6/ 3

Springfield

Joseph Miller ......

John Worthington .....

To be paid to M'' John Worthington

Pequoiug . . 324 3 @ 7/ 6

Nichewoig . 270 5 7/6

Leominster . 166 5 6/ 3

Narraganselt N" 2 363 1 7/6

Ebenezar Hill

Benj'» Bellows ......

To be paid to Joseph Wilder Jun'' Esq'

Townshend . 119 3 @ 6/ 3

Groton . . 127 2 6/3

To be paid to William Lawrence Esq''

Lunenburg . 437 1 @ 6/ 3

To be paid to Cap' Benj" Goodrich

70. f>. 9

45. 17. 2

266. 14. 8

0. 4. 3

1. 10. 0
0. 15. 0
0. 13. 11
4. 6. 9

124. 15. 5

16. 8|
1. 5. 6

121. 13. 3

101. 10. 5

52. 2. 3

136. 3. 7

0. 2. 4

6. 4. 6

37. 6. 3
39. 15. 8

136. 12. 2

390. 7. 6

126. 17. 7i

417. 16. 4^

77. 2. 3

136. 12. 2

Totall

. 3,682. 13. 0

And that the Province Treasurer be accordingly directed to pay
the Several Parts or Portions of said Sum according to the fore-
going Acco" to the Several Persons as therein directed to be by
them paid to the Several Persons to whom the Same is due & they
to be accountable for their Doings therein. \^Passed March 8.

CHAPTER 267

ORDER ALLOWING £15, AND VOTE ALLOWING AN ADDITIONAL SUM OF
£112. 2. 6 TO ROBT BALL.

A Petition of Robert Ball Keeper of the Light House shewing Legislative
the Lowness of his Salary in proportion to the Necessary Expences coSndf, xviVi^,
of his Family & Praying for Augmentation of his Salary & his Charge 3i4. Mass.

ArcuivGS

of firing for the Lamps. ixiv., 285.'

106

Province Laws (Resolves, etc.). — 1747-48. [Chaps. 268, 269.]

Mass.
Archives,
Ixiv., 283.
House Jour-
nal, pp. 230, 236.
Province
Laws, xiii., 684,
chap. 272.

Read and

Ordered that the Pef be allowed fifty Seven pounds 10/ for his
last Year's allowance. Also

Voted that the Sum of one hundred and twelve pounds two Shil-
lings and Six pence Old tenor, be allowed the Pef, being so much
expended by him for fire wood for the Benefit of the Lights. \^Passed
March 8.

CHAPTER 268

Legislative
Records of the
Council, xviii.,
314. Mass.
Archives,
xviii., 241.

Mass.
Archives,
xviii., 240.
Province
Laws, ii., 151,
chap. 10.
Ante, p. 11,
chap. 13.

ORDER IMPOWERING JABEZ FOX, ADMINISTRATOR, TO SELL LAND.

A Petition of Jabez Fox of Falmouth Adminisf to the Estate
of Benjamin Wright Dec*^ Shewing that he has been impowered by
this Court to sell the real Estate of the said deceased, lying in the
Town of Medfield, but there being some other small Pieces of Land
lying in Dedham & Medway belonging to the said Estate, Therefore
Praying that he may be impowered to sell them for Payment of the
deceased's Debts.

Read and

Ordered that the Prayer of the Pet" be granted and that the Pef
be and he hereby is enabled to make Sale of the real Estate within
mentioned He observing the rules and directions of the Law

in that case provided. He also giving sufficient Security to the Judge
of Probate for the County of Suffolk for the produce of s'^ Sale and
that the overpluss (if any there be after the Just Debts of the In-
testate and Charges of Settling said Estate are paid) be divided to
the Heirs of the s*^ Intestate pursuant to Law.' \^Passed March 8.

CHAPTER 269.

Legislative
Records of the
Council, xviii.,
286. Mass.
Archives,
Ixxiii., 40.

House .Jour-
nal, p. 241.

ORDER ALLOWING £8 TO W^^ SWIFT AND VOTE DIRECTING HIM TO
ENFORCE JUDGMENTS.

A Petition of William Swift of Sandwich, Shewing that in the
Year 1742, he being Clerk of a Military Company in said Town,
prosecuted divers Quakers, in the Law for not attending Military
Duty, that the Proceedings on his Suits have been from Time to
Time stayed by this Court till at length some of the said Persons
are dead, & others removed out of the Province, praying that he
may be allowed his Charges in the s'^ Affair by this Court.

Read and

Ordered that the Sum of Eight pounds be allowed the Pef out
of the publick Treasury in consideration of his Loss within men-
tioned. Also

Voted that the Pef be directed and impowered to Pursue the Per-
sons (who are now living) on the several Judgments herein men-
tioned. \^Passed March <?.*

' Not found in the House Journal.

^ This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is February 9.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 107

CHAPTEE 270.

VOTE FOR REPAIRING Y^^ COURT HOUSE. Legislative

Records of the
. Council, xviii.,

Voted that the late Court House in the Town of Boston be repaird 3i5. Mass.
as soon as conveniently may be & that one half the Charge thereof xiix.Vsii.'
be born by the jjrovince the other half by the County of Suffolk & House Jour-
the Town of Boston. \ Passed March 9. °/;P-^;

L Ante, p. 74,

chap. Ii32.

CHAPTER 271.

VOTE ESTABLISHING THE WAGES OF THE COMPANY OF CAP^ ELEAZAR
MELVIN AND PROVIDING PAY FOR CAPTIVES.

A Petition of Cap' Eleazar Melviii, proposing to raise a Party Legislative
of about five and twenty Voluntiers & with them to march to the councif xvi*u^
Indians Settlements & their carrying Places, and praying for such 3i5-
Encouragement for this Service, as is particularly mentioned therein. House Jour-
Read I °^^'P-^-

Voted ' that there be allowed as an Encouragem' to said Melvin
& twenty five others, able bodied & effective men that shall appear
voluntarily to go after the Indian Enemy for four Months, forty
Shillings ^ Month, & Provisions for their March, to be taken at
Fort Dummer, as also two pounds of Powder with a proportionable
Quantity of Bullets & Flints to each man. And further that there
be allowed & jDaid out of the publick Treasury to the said Melvin &
Company, in equal Parts the Sum of Two hundred & fifty Pounds for
each Prisoner or Scalp of &^ Indian Enemy by them taken, upon Proof
thereof be[ing] made to the Acceptance of the Governour & Coun-
cil ; And that said Melvin be allowed Twenty Shillings per Man for
enlisting the said Voluntiers, saving that in Case said Melvin & Com-
pany should obtain an Indian Captive or Scalp for which they shall
be entitled to the Bounty, that then their Wages & Subsistence Money,
be deducted out of s^ Sum, And that the said Melvin be directed to
keep a fair Journal of his Marches, from Time to Time, & return the
same to this Court. \^Passed March 9.

CHAPTER 272.

ORDER GRANTING TO ABIG'- BLODGET LICENCE TO KEEP AN INN.

A Petition of Abigail Blodget of Woburn Widow of Nathan Legislative
Blodget Dec'' Shewing that her s'aid Husband kept an Inn in said coSudi^xiK
Town, & since his Decease she has obtained the Approbation of the ^^rchi^ves^^cxi
Select men of said Town to keep the same Inn; Praying that this i5o.
Court would impower the Court of General Sessions of the Peace House Jour-
for the County of Middlesex at their next Session, to grant her a °ai,p.242.
Licence.

Read and

1 The House Journal, p. 242, reads, " Ordered."

108 Province Laws (^Resolves, etc.') . — 1747-48. [Chap. 273.]

Ordered that the Justices of the Gen' Sessions of the Peace for the
County of Middlesex be allowed and impowered to Grant the Pet'
a Licence at their present Session if they See cause the time for grant-
ing Licences being elapsed notwithstanding. [^Passed March 9.

CHAPTEK 273.

VOTE FOR RAISING FORCES FOR Y^- DEFENSE OF THE EASTERN AND
WESTERN FRONTIERS.

Bifords of the Voted, that his Excellency the Cap*- General be desired to Cause
Council, xviii., and be forthwith enlisted or Impressed two hundred & Seventy seven
Archives^,^' men including forty four Inhabitants on the Western Frontiers (for
ixxiii., 93. Guards & Scouts) exclusive of the two hundred Men already estab-
HouseJour- lished at N^ 4 and fort Massachusetts (the two hundred Voluntiers
^n«e, p. 89,' ' ou the Western frontier to be included in this Establishment) ; And
chap. 220. ^1^^^ ^i^g Cajj'' General be desired to post them in the following man-

ner Viz'

Thirty at fort Pellom

Thirty at fort Shirley

Fifteen at Cole Eain including ten Inhabitants

Twenty at Morrisons Blockhouse.

Twenty at Fall Town six of them to be Inhabitants

Ten of the Inhabitants of Green River to be placed there

Ten at Road Town five to be of the Inhabitants.

Ten at New Salem five to be of the Inhabitants

Twenty at fort Dummer

Fifty at Ashaelots

Ten at Townsend out Garrisons

Ten at the out Garrisons at Lunenburg

Twenty at Poquaioge eight of them Inhabitants

Two at Browns

Ten at Nichawoge

Ten at Narraganset N° 2

Also Voted, that his Excellency the Governour be Desired to send
to the Government of Connecticut desiring them to furnish us with
two hundred Men for said Western Frontier over and above the num-
ber before mentioned; And that his Excellency be desired to place
them in the following manner Viz'

60 at Deerfield

60 at Northfield

and the other 80 to be posted in the most exposed places of Xew
Hampton Blandford N" 1 & N" 2 Stockbridge & Colerain & Shef-
field and that tliis Establishment include the number already on
the said Western Establishment so that the whole number on the
Western frontier (including Voluntiers) & Connecticut men for
forts Blockhouses Guards &c is to be six hundred & Seventyseven
only and for the Defence of the Eastern Frontiers including the
two hundred A^oluntiers to be rais'd and those already on the Estab-
lishment.

Voted, that his Excellency the Cap' General be desired to cause
to be Enlisted or Impressed for the forts Guards & Scouts on that
frontier in the whole Seven hundred and thirty three men includ-
ing one hundred & seventy seven of the Inhabitants: And that his

[3d Sess.] Province Laws {Resolves^ etc.). — 1747-48. 109

Excellency the Captain General be desired to post them in the fol-
lowing manner Viz*^ at the Fort & Blockhouse on S* Georges.
River . 70
at Pemaquid ]
fort . . . f thirty
at Richmond — twenty four
at Fort George in )
Brunswick f twenty

at the Block house \ twenty

at Saco River f Six at Kittery in the Out Garrisons

Forty at Berwick
Ten at York
forty at Wells
thirty at Arundle
forty at Biddeford
forty at Scarborough
fifty at Falmouth five of them to be at Ama-

conging
twenty of said fifty to be Inhabitants
fifty at North Yarmouth ten to be Inhabitants
twenty four at Goreham town fourteen of them

Inhabitants
twenty one at Saccarappa eleven to be Inhabi-
tants
twenty eight at New Marblehead eighteen to

be Inhabitants
Seventy at Brunswick New Meadows & Topsham

twenty five of them Inhabitants
fifty at George Town arrowsick forty two of

them Inha**
Seventy at Wich Casset Sheepscott Damaris-
cotta &c thirty seven of them to be Inhabi-
tants
The Establishment for these forces Eastward & AVestward except
the four hundred Voluntiers aforesaid to expire the fifteenth of Octo-
ber next. [^Passed March 10.

CHAPTEK 274.

VOTE ALLOWING A BOUNTY TO OFFICERS FOR ENLISTING VOLUNTIERS.

Voted that there be Allowed & paid out of the Publick Treasury Legislative
to the Officers who Shall receive beating Orders from his ExceP^ Snctf.xvUi^,
the Gou'' to Inlist Voluntiers for the Defence of the frontiers of an. Mass.

this Province Agreeable to the Votes of this Court at their pres- ixxiu., sa,

ent Session The Sum of Ten Shillings last Emission for Each Able iouse Jour,
bodied & Effective man they Shall Inlist for that purpose. [Passed "f^if^^^lf^^-
March 10. ciiap'. m '

110

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 216-277.1

CHAPTER 275.

ORDER ALLOWING £225. 19. 6 TO JABEZ BRADBURY.

Legislative
Records of the
Council, xviii.,

317. Mass.
Archives,
Ixxiii., 45.

Mass.
Archives,
Ixxiii., 43-47.
House Jour-
nal, pp. 228, 241,
245.

A Petition of Jabez Bradbury Commander of the Fort at S*
Georges River, Praying to be allowed his Accompt of Charges of
repairing the s*^ Fort by the Governour's Order since the Beginning
of the War

Eead and

Ordered that the Sum of two hundred twenty five pounds Nine-
teen Shillings and Six pence Old tenor be allowed the Petitioner
out of the publick Treasury in full consideration of the within
Account. [Passed March 10.

CHAPTER 276.

RESOLVE APPORTIONING THE EXPENSE OF REPAIRING THE COURT
HOUSE AND VOTE APPOINTING A COMMITTEE TO HAVE CHARGE
OF REBUILDING.

Legislative
Records of the
Council, xviii.,
317. Mass.
Archives,
xlix., 212.

House Jour-
nal, p. 247.
Ante, p. 107,
chap. 270.

In the House of Rep''^®*

Whereas it has been determined by this Court that the late Court
House should be repair'd, and that one half the Charge should be
born by the County of Suffolk and the Town of Boston, but the
proportion between the County and Town is not Settled by said
Vote.

Resolved that one quarter part of the Charge of repairing &^
House be born by the said County, and one quarter part by said
Town. Also

Voted that M' Speaker M'' Hubbard and M' Allen with such as
the Hon^'® Board shall Joyn be a Comm*^® to Purchase and Procure
proper Materials to Effect the repairs of said House agreeable to the
Vote of the 10"" Curr* Also to Prepare a Plan of the Inside Work
that the room may be so dispos'd as will be most beneficial to the
Province County and Town. And that they Lay the same before
this Court, with an Estimate of the Charge at their next Sitting

In Council ; Read & Concur'd & Jacob Wendell & Andrew Oliver
Esq" are joined in the Affair. [Passed March 10.

CHAPTER 277.

ORDER ALLOWING £55. 10 AND VOTES ALLOWING AN ADDITIONAL SUM
OF £5 AND WAGES TO JEREMIAH VASS.

Legislative
Records of the
Council, xviii.,
317. Mass.
Archives,
Ixxiii., 81.

Mass.
Archives,
Ixxiii., 82.
House Jour-
nal, pp. 231, 244.

A Petition of Jeremiah Vass a Soldier under the Command of
Cpt William Lithgo, Shewing tliat he was wounded by a Bullet
shot thro the Joint of his right Arm in a Fight with the Indian
Enemy the last. Year, whereby he is disabled from Labour, There-
fore praying that the Accompt of his Charge occasioned thereby
may be allowed as also something for his Support.

Read and

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. Ill

Ordered that the sum of fifty five pounds ten Shills^ Old ten'' be
allowed the Pef out of the Province Treasury in consideration of
that Sum advanced to His Surgeon Also

Voted that He be allowed the sum of five pounds Bills of the
last Emission out of the Treasury in consideration of his Suffer-
ings herein mentioned.

Voted also that He be allowed Usual Wages till this time. [^Passed
March 10.

CHAPTER 278.

ORDER DIRECTING THE SELECTION OF A JURY IN SUFFOLK COUNTY
TO TRY THE CAUSE IN BRISTOL COUNTY REFERRED TO IN THE
PETITION OF GOVERNOR BELCHER.

The Comittee having heard the partys, on the Petition of his Legislative
Excellency Gov"" Belcher «& carefully considered their pleas & alle- counc*if, xvm!
gations, humbly report, That they apprehend it will be proper for ^8. Mass.
the Great & General Court, to direct & impower the Clerk of the 502. ' ' ''
superior Court of Judicature, Court of Assize & General Goal deliv- Ma«s.
ery, at the time of sending forth venires to the Several Towns in ^gf^'Legisia-*''
the County of Bristol for the next superior Court in s*^ County also tive Records of
to send venires to the Towns in the County of Suffolk, requiring xviii., -284. '
them to appoint a sufficient number of Jurymen to attend the s"* na*i'^pp.'wv244.
Court for the tryal of the Cause referred to in s** Petition at the Ante,v.hb,
next session of s'^ Court at Taunton, in & for s*^ County of Bristol, ^ ^^'
& tliat the Towns be required to appoint & the Jurymen to attend,
under the same penaltys as in ordinary Cases; And in case of Chal-
lange or failure other wise, that the member wanting be supply'd
out of other inhabitants of s'^ County of Suffolk all which is sub-
mitted &c.

Samuel Welles.

Read and

Ordered that this Report be accepted and that the Clerk of the
Sup"" Court of Judicature Court of Assize and Gen' Goal Delivery
at the time of Sending forth Venires to the several Towns in the
County of Bristol for the next Sup'' Court in s*^ County be directed
and impowered also to Send Venires to the Towns in the County
of Suffolk requiring them to appoint a sufficient number of Jury
Men to attend the s'' Court for the tryal of the Cause refer"^ to in
said Pef at the next Session of said Court at Taunton, in and for
said County of Bristol, and that the Towns be required to appoint
and the Jury Men to Attend, under the same penalties as in ordi-
nary cases: and in case of Challenge or Failure otherwise, that the
number wanting be Supplyed out of other Inhabitants of said County
of Suffolk. x4.nd the Tryal of the aforesaid Cause and all Pro-

ceedings consequent on such Tryal shall be deem'd and held as Valid
to all Intents and Purposes, as if the Jurors in s'' Cause had been
Inhabitants of the County where the Lands lay. And the Jus-

tices of said Court are hereby Impowered in Taxing the Bill of Cost
to make such allowance to the aforesaid Jurors in proportion to
their extraordinary Travel as the s'' Justices shall think reasonable.
[^Passed March 10.

112

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 279-281.]

CHAPTEE 279.

ORDER ON THE PETITION TO HAVE NATH WARDELL APPOINTED
WEIGHER IN BOSTON.

Legislative
Records of tiie
Council, xviii.,
3W. Mass.
Archives, i.,
VIL_

Mass.

Archives, i.,
171. House
Journal, p. 247.

A Memorial of Francis Brinley Esq'' & a great Number of others
Inhabitants of divers Towns in the Neighbourhood of Boston com-
plaining of a by Law made by the s'' Town of Boston, respecting
the weighing of Hay, & of the new Engine used in that Business
(which does not make out the true Weight) & of the new Officer
for tliat Service wlio does not give a punctual Attendance, And
therefore praying that Nathanael Wardell, who has for many Years
past been employed by the said Town in weighing of Hay, may be
still allowed to weigh Hay with his own Engine (which the Peti-
tioners apprehend to be very true) Notwithstanding the said By
Law:

Read &

Ordered that the Memorialists cause the Select men of Boston to
be forthwith served with a Copy of this Memorial, that so they may
give in their Answer to the Complaint against the Engine for Weigh-
ing of Hay, & the Hay Weigher for not giving due Attendance in
the said Business. \^Pa88ed March 10.

CHAPTEK 280.

ORDER ALLOWING £4 TO DAVID WARREN.

Legislative
Records of the
Council, xviii.,
319. Mass.
Archives,
Ixxiii., 6.

Mass.
Archives,
Ixxiii., 4.
House Jour-
nal, p. 244.

A Petition of David Warren a Soldier who was captivated by
the Enemy at the taking of Massachusetts Fort, Praying that he
may be allowed for the Loss of his Money Cloaths & Gun taken
from him by the Enemy

Read and

Ordered that the Pef be allowed the Sum of four pounds out of
the publick Treasury in consideration of the Loss of the Gun and
Money herein mentioned. \^Passed March 10.

CHAPTER 281.

ORDER OF NOTICE ON THE PETITION OF THE INHABITANTS OF NEW

MARLBORO.

Legislative
Records of the
Council, xviii.,
319. Mass.
Archives, cxv.,
239.

Mass.

Archives, cxv.,
237. House
Journal, p. 245.

A Petition of Nathan Rainsford & others Inhabitants of a new
Township called New Marlboro, or Number Two, Shewing that as
they are restrained in raising Money for defreying the Charges in
the said Plantation, to the taxing of the House Lots only. It has
proved an extreme Burthen to the Settlers ; Praying for Releif from
this Court.

Read and

Ordered that the Pet" Insert the Substance of this Pet" in the
Boston Gazette three Weeks successively, that so the Grantees (Non

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 113

Pef^) may shew cause if any they have on the first fryday of the
next May Session why the Prayer thereof should not be granted.
\_Passed March 10.

CHAPTER 282.

ORDER ALLOWING £15. 11 TO POMPEY, A FREE NEGRO.

A Petition of Seth Sumner Attorney to Pompey a free Negro Legislative
& Ann his Wife, which Ann is Heir to Jesse Covet dec'^ a Soldier coum^if.xviii^,
in the late Expedition against Cape Breton; Praying that the Com- 320 Mass.
mittee of War may be directed to pay the Petitioner for the Use xxxi., see.
of the said Pompey & Ann, the Wages remaining due to the s*^ '^i[^,
Jesse Covet for his Service. xxxSi

Read and House Jour.

Ordered that the Comm*^'^ of War be directed to allow the Pet^ proV'iii"^''
the Sum of fifteen pounds elevenpence As attorney to Pompey ^^^^'i'^'"''*^^'
Negro and Anne His Wife, being so much due to Jesse Covit dec'd
herein named. [Passed March 11.^

CHAPTER 283.

ORDER DIRECTING THE COMMISSARY GENERAL TO DELIVER A GUN

TO MOSES RING.

A Petition of Moses Ring shewing that in an Engagement with R|f^®)ffj®the
the Indian Enemy he split his Gun, Therefore praying that he may Council, xviu.,
be allowed another Gun out of the publick Stores. Archives?"

Read and '-'^^"'•' ^"•^-

Ordered that the Commissary General be directed to deliver the Mass. ^^
Pef or Order a good fire Lock out of the Province Store. \Passed ixxiu., 102.

A ^,^:i a House Jour-

Aprilb. nal,p.249.

CHAPTER 284.

ORDER OF NOTICE ON PETITION OF THE AGENTS OF THE TOWN OF
NORTH YARMOUTH TO CORRECT A MISTAKE IN A RECORD.

A Petition of Nicholas Loring & Jeremiah Powell Esq"" Agents Legislative
for the Town of North Yarmouth, Shewing that in the Resettle- g^S^cfrivii't.
ment of the said Town, there were two Lots laid out, One to be 324. Mass.
the Propriety of the first Settled Minister, the other for the Im- 206.
provement of him & his Successor for the Time being, that in Mass.
recording the said Allotments, there was a Mistake made by the 45!^257.^®Hm7se
Clerk, which the Proprietors by subsequent Votes have endeavoured Journal, p. 252.
to rectify. Praying that the said Votes may have the Sanction of
this Court, or that the Town may be otherwise releived in the
Premisses.

Read and

Ordered that the Pef^ serve Dorothy Cutter within named with

* Adjourned to April 5. See Legislative Records of the Council, xviii.,320.

114

Province Laws {Resolves, etc.) . — 1747-48. [Chaps. 285-287.]

a copy of this Pet° that She Shew cause if any She hath ou the
first tuesday of the next May Session why the Prayer thereof Should
not be granted. [Passed Ajiril 7.

CHAPTER 285.

ORDER IMPOWERING THE JUSTICES OF THE SUPERIOR COURT OF
JUDICATURE TO AFFIRM A JUDGMENT.

Legislative
Records of the
Council, xviii.,
324. Mass.
Archives,
xviii., 338.

Mass.
Archives,
xviii., 337.
House Jour-
nal, p. 257.

A Petition of Thomas Paine of Boston Merchant, shewing that
he did in the right of his Wife Eunice Payne, Execuf" of the last
Will & Testament of her Mother Abigail Treat Dec*^ at the Infe-
riour Court of Common Pleas for the County of Suffolk, held in
July last, commence an Action against Thomas White of Wey-
mouth upon his Bond to the said Abigail, & recovered Judgment,
upon which the said White appealed to the Superiour Court held
in Aug^' last, but failed of prosecuting his Appeal, & at an Ad-
journment of the said Court in November following the Petitioner,
his Wife being now dead, entered his Complaint against the s*^ White
at the said Court as Adminisf De Bonis non of the said Abigail,
And the Court not thinking they had Power to proceed thereon,
dismiss'd the said Complaint, And therefore Praying that this Court
would impower the said Superiour Court to Affirm the Judgment
of the Inferiour Court, or otherwise grant Eeleif to the Petitioner
in the Premisses.

Eead &

Ordered that the Justices of the Suj)eriour Court of Judicature
&c for the County of Suffolk in their present Session be & hereby
are impowered to affirm the Judgm' within mentioned, & award
Execution thereupon accordingly. [Passed AjJril 8.

Legislative
Records of the
Council, xviii.,
325. Mass.
Archives,
Ixxiii., 128.

Mass.
Archives,
Ixxiii., 128.
House Jour-
nal, pp. 250, 254.
Province
Laws, xiii., 465,
chap. 1. Ante,
p. 8, chap. 4.

CHAPTER 286.

ORDER ALLOWING £12. 10 TO JOB STANWOOD.

A Petition of Job Stanwood a Soldier in the late Expedition
ag**^ Cape Breton, Praying for some further Allowance from this
Court in Consideration of the Loss of his left Arm in that Service

Eead and

Ordered that the Committee of War be directed to allow the Pef
the Sum of twelve pounds ten Shillings ' for his relief for the Year
1748. [Passed April 8.

CHAPTER 287.

ORDER ALLOWING £4. 10 TO AMOS PRATT.

Records'of the ^ PETITION of Amos Prat, praying for some Allowance from this
Council, xviii., Court Oil Accouiit of his Loss by the Death of his Son who was

* Legislative Records of the Council, xviii., 325, reads, £5. 10.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 115

taken by the Enemy when Massachusetts Fort fell into their hands, 326. Mass.
& died in Captivity, having a Gun & Blanket which the Petitioner bMrn."^ nk

supplied him with. House Jour-

Read and nai,pp.253,254.

Ordered that the Treasurer be directed to Pay the Pef^ the sum
of four pounds ten Shillings in full discharge for his Sufferings
herein mentioned. \^Passed April 8.

CHAPTER 288.

ORDER ALLOWING £16. 5 AND A FURTHER AMOUNT OF £12. 10 TO JON^

STANHOPE.

A Petition of Jonathan ' Stanhope, shewing that he was wounded Refords"of the
by the Indian Enemy & his Arm broke, so that he was in a very council, xvui.,
languishing Condition divers Months &l at great Expence, Praying Arehiveef'
that his Accompt thereof may be allowed & other Provision may ixxiii., 74.
be made for his Releif. Mass.

T-, T T Archives,

Kead and ixxiii., 72, 73.

Ordered that the Treasurer be directed to Pay the Pef the Amount ^^\l^^'!^^^2u.
of the Annexed Ace* being Sixteen pounds five Shillings. And that
He also allow the Pef twelve pounds ten Shillings for his present
Relief. \^Passed April 8.

CHAPTER 289.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF JOHN SAUNDERS & OTHERS IN REGARD TO A TOWN MEET-
ING IN HAVERHILL.

A Petition of John Saunders & a great Number of others. In- Legislative
habitants of the Town of Haverhill, Setting forth the irregular & ^^^?,cn', x*vnr,
illegal Proceedings of the Town Meeting (held there the first Instant) 3X8, 326.' Mass!
in the Choice of Officers & other Matters, & Praying that all the Pro- 310?"^ -.^xv.,
ceedings of that Meeting may be set aside, another Meeting called, Mass.
& that some suitable Person be appointed by this Court, may be Mod- ^s-aoJ^'^Leffls-
erator of the said Meeting. lative Records

The Committee to whom was referred the Petition of John Saun- xvhk, 323!°°* '
ders & Peter Ayers for themselves, & others Freeholders & others of naTpp'2°5'250
Haverhill &c. relating to the Conduct of the Town of Haverhill in 256.'
the Choice of Town Officers in March last, having heard the Parties,
& fully considered the Affair, Report that the Town Meeting held
there on the first of March last, be set aside, & that the Select men
for the Year 1747, grant a new Warrant for the Choice of all oi'di-
nary Officers that Towns by Law are enabled to chuse, to Assemble
& meet at the usual Place of Meeting in said Town, some Time in
the present Month of April ; said Meeting to be regulated agreable
to Law, The Time for Choice of Town Officers being elapsed Not-
withstanding: All which is humbly submitted

By Order of the Board Joseph Wilder.

Read &

Ordered that this Report be accepted. \^Passed Ajjril 8.

* The House Journal, pp. 253, 254, reads, "John."

116

Province Laws {Resolves, e^c.). — 1747-48. [Chaps. 290-292.]

CHAPTEK 290.

ORDER ALLOWING £11. 19 TO DR. JOHN MELLEN.

Legislative
Records of the
Council, xviii.,
347. Mass.
Archives,
Ixxiii., 121.

House Jour-
nal, pp. 221, 255.

A Petition of D'' John Millius;' praying that his Accompt of
Medicines & Attendance on the sick & wounded Officers & Sol-
diers on the Western Frontiers, Amounting to the Sum of £11. 19
herewith exhibited may be allowed

Eead and

Ordered that the Pef be allowed out of the publick Treasury the
Sum of Eleven pounds Nineteen Shillings Old ten'' in full consid-
eration of the Ace' herewith presented. [^Passed Ajjril 8.^

CHAPTEK 291.

ORDER WITH STAY OF PROCEEDINGS APPOINTING A COMMITTEE ON
THE PETITION OF JOHN VARNUM AND OTHERS OF DRACUT IN
REGARD TO A MEETING HOUSE.

A Petition of JoJdi Varnum, and sundry other Inhabitants of
Dracut, representing the Difficulties they labour under, about stat-
ing the Place for building a Meeting House in said Town, and pray-
ing this Court would appoint a Committee to view the said Town,
and determine the Place, or that they may be otherways relieved.

In the House of Rep'"''^^ Eead and

Ordered that Col° Richards and M"" Brewer with such as shall be
Joyn'd by the Hon^''^ Board be a Comm^'^ to View the Scituation
and Circumstances of the Town of Dracut at the Charge of the
Pet" and report what they Judge proper for this Court to do on
this Pet° And all Proceedings respecting building a Meeting House
in s*^ Town of Dracut are Stayed in the mean time

In Council Read and Concurr'd and James Minot Esq"" is joined
in the affair. \^Passed April 5.^

CHAPTER 292

Leprislative
Records of the
Council, xviii.,
324. Mass.
Archives,
xlix., 216.

House Jour-
nal, p. 257.
Ante, p. 110,
chap. 276.

VOTE ALLOWING £100 TOWARDS BUILDING A COURT HOUSE.

Voted that the Treasurer be directed to Pay into the hands of the
Committee for purcliasing and procuring Materials for building a
Court House the Sum of One hundred pounds out of the Appro-
priation for payment of matters & things for which there is no
Establishment. The said Comm'''' to be accountable. [Passed
April 9/

^ The signature in Mass. Archives, Ixxiii., 121, is given "Mcllen."

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 23.

^ This date is according to Mass. Archives ; according to the House Journal the date
is April 7.

* This date is according to Mass. Archives; according to Legislative Records of the
Council and the House Journal the date is April 8.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 117

CHAPTER 293.

ORDER ALLOWING £15 TO ELEA. RICE.

A Petition of Francis Whipple in behalf of Eleazar Eice of i;^s'^^l"^?,v,

• 1 n 1 1 1 1 TT 1 • T Records of the

Westboro, praying that a Grant made by both Houses to the said Council, xvm.,

Rice of Fifteen Pounds which was destroyed when the Court House Archives,^'

was burnt, may be now revived, that so he may receive the s*^ Sum ixxxvii., 43.

of the Treasury. Mass.

- ^ J Archives,

Kead and ixxxvii.,43.

Ordered that the Treasurer be directed to Pay into the hands of ^^^^^, l^^^'
MJ Francis Whipple above named the Sum of fifteen pounds for 4f'^'^-^^'
the Use of the said Eleazar Rice, {^Passed April 9.

CHAPTER 294.

VOTE ALLOWING £16 TO MOSES RICE. Legislative

Records of the
Council, xviii.,

Voted that the Sum of Sixteen pounds be allowed out of the 342. Mass.
publick Treasury to Moses Rice in full Satisfaction for Forrage of ixxiii.Tm.
Soldier's Horses in the Service of the Province at Charlemont and Mass.
Damages done to His Flax by the said Horses and the Province ^^^m^m
Cattle being drove thro it, in their way to Fort Massachusetts. House' Jour-
[Passed April 9.^ na.,pp.i79.25-.

CHAPTER 295.

ORDER ALLOWING 30/ TO JAM^ SAWYER.

A Petition of James Sawyer, Praying that he may be allowed R®?*^*^"^f ^h
five Weeks boarding & attending on John Dunham a Seaman taken council, xviu.,
sick on board the Boston Pacquet in the Service of the Province. Archives^^'
Read and ixi'^-. 287.'

Ordered that the Pef be allowed thirty Shillings in full satisfac- Mass.
tion for his Expence in Entertaining the within named John Dun- ix^v.,'286,'288.
ham. [Passed April 9.^ KpSss.

CHAPTER 296.

ORDER IMPOWERING JOSIAH SARTEL AND LYDIA SHEPPLE, ADMIN-
ISTRATORS, TO EXECUTE A DEED OF LAND.

A Petition of Aaron Woods of Groton, shewing that he pur- Legislative
chased of Cpt. John Sheple of said Place twenty five Acres of councff xvi*h.^
Land & took his Deed for the same since which the said Sheple 292. Mass.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is April 21.

- This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 15.

118

Province Laws (Besolves, etc.). — 1747-48. [Chaps. 297, 298.]

Archives,
xlvi., 173.

Legislative
Records of the
Council, xviii.,
328. House
Journal,
pp. •261,262.

is deceased, that the Petitioners House was burnt in May last, &
therein the said Deed destroyed, not having been put upon Kecord,
Praying tliat this Court would impower the Adminisf* of the said
Sheple's Estate to execute another Deed of the said Land.

Eead, and it appearing to the Satisfaction of the Court, that
the Loss of the withinmention'd Deed happen'd as Set forth in
the petition, and Josiah Sartel and Lydia Sheple administrators
of the withiunani'd dec'd Jonathan, and John Gilson, Guardian of
William a Son of the Said deced and the other heirs, having been
duly Serv'd with a Copy of the petition, and the Said Adininbrs
and Guardian having Signified under their hands, their Consent to
the Same, and none of the others objecting any thing thereto; It
is therefore

Ordered That the Prayer of the petition be granted and that the
Said Josiah Sartel and Lydia Sheple, in their Capacity of admoH,
be and hereby are allow'd and impower'd to make and execute, in
due form of Law, a Deed of the twenty five Acres of Land within
mention'd, to the petitioner Aaron Woods; and that Such Instru-
ment, being duly acknowledged and recorded in the Registry of
Deeds for the County of Middlesex, Shall make a good Title to
the Said Aaron and his heirs and Assigns. [Passed April 11.

CHAPTER 297.

ORDER ALLOWING ONE MONTH'S WAGES TO JOS^ KEITH.

Legislative
Records of the
Council, xviii.,
330. Mass.
Archives,
Ixxiii., 12.1.

Mass.
Archives,
Ixxiii., 12,5.
House Jour-
nal, p. 262.

A Memorial of Josiah Edson Esq'' ' shewing that One Josiah
Keith a Soldier in the Pay of the Province was by Mistake carried
out in the Muster Roll, one Month short of the Time he was in
the Service, Praying in his behalf that his Wages may be made
up to him.

Read and

Ordered that Josiah Kieth be allowed out of the publick Treas-
ury One Month's Usual Wages for his Service. [Passed April 13.

CHAPTER 298.

ORDER DIRECTING THE COM^ee FOR REPAIRS OF THE COURT HOUSE
TO PROCEED TO THE REBUILDING THEREOF.

Legislative
Records of the
Council, xviii.,
330. Mass.
Archives,
xlix., 215.

Mass.
Archives,
xlix., 214.
House Jour-
nal, p. 264.
Ante, p. 110,
chap. 276;
p. 116, chap.
292.

The Committee appointed the 10**^ of March last to procure
Materials to effect the Repairs of the Court House, & to prepare
a Plan, & make an Estimate of the Charge have divers times met
& consulted Workmen thereupon & beg Leave to Report; That

in Obedience to the Order of the Hon^'* General Court, they have
taken Measures for procuring the Lumber needful for this Purpose,
& have actually agreed for a great part of it.

The Committee herewith present a Plan of the Inside Work which
they apprehend will be the most commodious, & best answer the
Design of the Building; And upon the best Information they can
obtain they Judge that the said Repairs will Amount to Eighteen

^ The House Journal, p. 262, reads, " Jun."

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 119

thousand, one hundred & four Pounds old Tenor, as by the Esti-
mate herewith.

March. 31, 1748. All which is humbly submitted

Jacob Wendell ^ Order
Read and

Ordered that the Committee be directed to proceed & cause the
Court House to be rebuilt agreeable to the Plan laid before the
Court with this Report. \^Passed Ajjril 13.

CHAPTER 299.

ORDER ALLOWING £25 TO M« JOHN PHILLIPS. Legislative

Records of the
Council, xviii.,

Ordered that the Sum of twenty five pounds be allowed out of f J;.j^f^||\jj
the publick Treasury to M"" John Phillips Chaplain of His Maj'=' 449? ^^^^'
Castle William in consideration of his extraordinary expences in House Jour-
that Station in the Year past. [Passed Ajiril 13. nai,p.265.

CHAPTER 300.

ORDER ALLOWING £3 TO JAM*' PIERCE. Legislative

Records of the
Council, xviii.,

A Petition of James Pierce a Seaman in the late Expedition ^^-^-^lH^-
against Cape Breton, shewing that he contracted a Sickness in the ixxiii., lo's.
said Service, which has disabled him from doing anything for his Mass.
Maintenance, praying for an Allowance from this Court. \^^\ii!^\k.

Read and ^Tpp'^ief 268

Ordered that the Committee of War be directed to Pay the Pef iJe, p. 48,'
a further Sum of three pounds for His Relief. [Passed A2)ril 14. chap.m

CHAPTER 301.

ORDER ALLOAVING £50 TO CPT THO^ BRADBURY.

A Petition of Cap* Thomas Bradbury Commander of the Block ^^f^^j-ds^of the
house on Saco River, shewing the Need there is, for sundry Repairs council, xviu.,
to be made there, & of a Wharff to be built for landing the Stores f shiver
as also of a Boat for transporting them. Praying that an Allowance ixxiii., m.
may be made out of the publick Treasury to pay the Charge thereof ^^^^j^^g

Read and in Answer hereto ixxiii., i26.

Ordered That the Pef be allowed out of the publick Treas- ^aTpp^TT^ass,
ury twelve pounds ten Shillings to build a Wharffe. As also the -^66.'
Sum of twenty pounds for Pallisading Shingling and repairing
said House. As also the Sum of Seventeen pounds ten Shillings
for building a Boat for the purposes herein mentioned. [Passed
April 14.

120

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 302-304.]

CHAPTEK 302.

Legislative
Records of tlie
Council, xviii.,
331. Mass.
Archives,
Ixxiii., 135.

House Jour-
nal, p. 269.
Province
Laws, xiii., 596,
chap. 8.

VOTE DIREGTING THE COM'^^'^ OF WAR TO LAY BEFORE THE COURT
ACCO^ OF PROVISIONS AND STORES PURCHASED FOR THE EXPIDl-
TION AGAINST CROWN POINT.

Voted that the Comm^® of War be directed to lay before this
Court in the best manner they are able a particular Account of
the Provisions and Stores that have been purchased and procured
for the intended Expedition ag"^ Crown Point, and are not disposed
of, and the condition they are in at present. {^Passed April 14.

Legislative
Records of the
Council, xviii.,
331.

House Jour-
nal, pp. 262, 267,

268.

CHAPTEK 303.

ORDER APPOINTING A COMMITTEE ON THE AFFAIR OF JOB AHAUTON,

INDIAN.

A Petition of Job Ahauton of Middleboro Indian, shewing that
a Committee of the General Court sold some of the Petitioner's
Land to Cap* Ebenezer Robinson for which he has the said Rob-
inson's Bond, And the Petitioner being obliged to take up several
things of the said Robinson he has given him his Bond for the
Same, by which the Accorapt between them, may be too difficult
for the Petitioner to adjust. Therefore praying that a Committee
of this Court may be appointed to Settle the said Accompt.

Read &

Ordered that Josiah Edson Jun"" Esq'' be appointed to inquire into
the Matter contained in this Petition, & if he find the Debt of the
said Job to Capt"^ Robinson, to be just & legal, to order the same
to be allow'd out of the Bond of the said Robinson, which by Order
of this Court is now in the hands of George Leonard Esq^ [Passed
April 14.

CHAPTER 304.

Legislative
Records of the
Council, xviii.,
323, 335.

Mass.

Archives, xii.,
482, 484, 485.
Legislative
Records of the
Council, xviii.,
330. House
Journal,
pp. 249, 250, 266,
268.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE NATICK
PARISH MEETING, AND CALLING A NEW MEETING.

Memorial of Ebenezer Felch, John Goodenow & Stephen Baison
a Committee for the Parish of Natick, Setting forth the irregular
Proceedings of a Meeting held there on the 21^* of March last; Pray-
ing that they may be set aside, & that a new Meeting may be called.

Joseph Wilder Esq"" from the Committee on the Petition of Eben-
ezer Felch & others of Natick gave in their Report. Read &

Ordered that this Report ' be Accepted, & that the whole of the
Proceedings of the Parish of Natick on the 21^* of March last, be
& hereby are superseded & set aside, & that the Parish Committee
for the last Year, as soon as may be, call another Meeting of the
said Parish for the Choice of Parish Officers for the present Year,
& to transact the other Affairs of the Parish. [Passed April 14."

^ No report has been found.

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 16.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 121

CHAPTEE 305.

ORDER ALLOWING TO JOHN LARRABEE VICTUALLER, AN ADDITION
OF 2/ PER MAN PER WEEK.

A Petition of John Larrabee Victualler of the Garrison at Castle Legislative
William, setting forth the great Rise of Provisions since the last councif, xvm!*,
Settlement of the Rate of victualling the said Garrison, And there- ^2. Mass.
fore praying that his Allowance may be proportionably advanced ixxni., 131.
from the finishing of his last Accompt Mass.

T?pflrl qnrl Archives,

xteau auu ixxiii., 130.

Ordered that in consideration of the great advance of the Prices House Jour-
of Provisions The Pef be allowed in making up his Account for 27I).' ^^We,' '
Victualling said Garrison an Addition of two Shillings per man to p- ^' ^^*p- ^•
the Stated Weekly allowance for Six Months Commencing from the
20"^ of Nov' last."^ [Passed Ajyril 15.

CHAPTER 306.

ORDER ALLOWING £5 TO PETER RICH. Legislative

Records of the
Council, xviii.,

A Petition of Peter Rich a Pensioner of this Government for 332. Mass.

many Years past by reason of Wounds received in the publick Ser- ixxiu., 137.

vice. Shewing that his Pension has of late much fallen short of its Mass.

first Value, by reason of the depreciating of the Bills, Therefore ^x'iii'.^ilv.

praying that it may be enlarged House' Jour-^

Read and 269.' Provi'nce'

Ordered that the Pef be allowed five pounds for the present Year cifap!''ii!''^^'^*

in full consideration for his Pension. [Passed Ajrril 15.

CHAPTER 307.

ORDER ALLOWING SUBSISTENCE TO ZECHERIAH DWINEL.

A Petition of Jacob Peabody in behalf of Zechariah Dwinel a Legislative
Soldier in the Forces raised for the Canada Expedition, shewing councif, x^vUL,
that he has no Subsistence from the Governm* since the 5*'' of Aug** ArcMv^es^^'
1746, Praying that it may be now made up to him. ixxiii., 11b.

Read and Mass.

Ordered that the Pef within named Zachariah Dwinell be allowed ^^xm.^ nb, 111,
out of the publick Treasury Usual Subsistance ' from Aug' 5"" 1746 nJ^^^House
to the 8*^ of Nov' following. [Passed April 15. pp. 263, 270.

CHAPTER 308.

ORDER ALLOWING THE USUAL WAGES TO W*" WORSTER. Legislative

Records of the
Council, xviii.,

Ordered that William Worster a Soldier Who has been in the m^Mass.
Service of the Province, be allowed Usual Wages from March 7 ixxnU.fo'i.

* " Bubsistence," in Mass. Archives, Ixxiii., 110.

122

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 309-311.]

MasB.

Arcliives,

Ixxiii., 103.

House Jour- t „« i „ ,

nai,p.27i. Jordau.

1744 to Aug*^ 1. 1745 out of the publick Treasury. He being
made up short that time in the Muster roll of Cap^ Dominicus
\^Passe(l Ajyril 15.

CHAPTER 309.

ORDER ALLOWING £5 TO T)A^^ GARFIELD.

Legislative
Records of the
Council, xviii.,
333. Mass.
Archives,
Ixxiii., 119.

Mass.
Archives,
Ixxiii., 119.
House Jour-
nal, pp. 253, 268.

A Petition of Daniel Garfield, Praying for some Allowance out
of the publick Treasury in Consideration of his Son Moses Garfield
(upon whose Labour & Assistance he much depended for the Sup-
j)ort of himself & Family) being so wounded by the Enemy in the
publick Service as to be rendred in a great Measure unserviceable
to him

Read and

Ordered that the Pef be allowed to recieve out of the Province
Treasury the Sum of five pounds in consideration of the Loss He
has sustaiu'd by his Son's being Wounded in the Service of the
Province. [Passed Ajjril 15.

Legislative
Records of the
Council, xviii.,
333. Mass.
Archives,
xxxi., 529.

Mass.
Archives,
xxxi., 529.
Legislative
Records of the
Council, xviii.,
43. House
Journal,
pp. 266, 268.

CHAPTER 310.

ORDER IMPOWERING THE GUARDIANS OF NATICK INDIANS TO SELL
LAND BELONGING TO ABIG'' SPEEN TO PAY DEBTS.

A Petition of Abigail Speen of Natick Indian, shewing that she
being advanced to great Age, & not able to work for her Maintenance,
has been for a considerable time supported by Joseph Graves, And
therefore praying that she may be impowered to sell her Land at
Natick, or so much of it as may be necessary to discharge her Debt
to M'' Graves »& others, & give her a comfortable Support for the
Time to come.

Read and

Ordered that the Guardians of the Natick Indians have liberty
and power to Sell all the lands herein mentioned or such part of
them as they shall Judge necessary to discharge the Just Debts,
and for the comfortable Support of the Pef The s'' Guardians to
be accountable to this Court for the Proceeds of said Sale. [Passed
April 15.

CHAPTER 311.

Legislative
Records of the
Council, xviii.,
333. Mass.
Archives,
Ixxiii., 115.

Mass.
Archives,
Ixxiii., 113.

ORDER ESTABLISHING THE RATE FOR BILLETTING SOLDIERS.

A Petition of Col" Josiah Willard, Shewing that he has been
put to great Difficulties respecting the billeting the Soldiers at
Northfield & other Places, & Forts upon Connecticutt River, &
therefore Praying that the Accompt of their billeting, herewith
exhibited, may be pass'd, & Allowance made thereof according to
Agreement, & further Supply made.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 123

Read and ■ ^^^llT'

Ordered that those Persons in the Town of Northfield who have
billeted Soldiers by agreement with the within named Josiah Wil-
lard be allowed Seven Shillings ^ Week for said Billeting.

And that the Accounts and Vouchers be laid before the Committee
for examining the Billeting Accounts for their examination. And
that the Sums that yet remain due and that may be granted, be
made payable to the said CoP Josiah Willard for the Use of the
Persons to whom the same is due. And that the Commissary Gen-
eral be directed to take speedy and effectual care that the Forts
within mentioned be Supplyed with Provision in the best manner
He is able. \^Passed April 15.

CHAPTER 312.

ORDER SETTING OFF EBENEZER BEAL AND OTHERS WITH THEIR FAM-
ILIES AND ESTATES FROM THE SECOND PRECINCT IN HINGHAM TO
THE FIRST PRECINCT.

A Petition of Ebenezer Beal, Daniel Beal & Jeremiah Stodder Legislative
[Jun.] all of Hingham second Precinct, shewing their inconvenient councif,xiii%
Situation for Attending the publick Worship in said Precinct; and f^chfverxii
Praying that they may be set off from said Precinct, & annexed to 405.
the first Precinct in said Town. Mass.

"Prvo,! .mrl Archives, xil.,

xteaaauu 404,406. Legis-

Order'd that this Report be accepted and that the Petitioners latiye Rt-co^ds
with their Families and Estates, mention'd in the petition, be and xviii., 340.
hereby are Set of from the Second Precinct and annex'd to the naTp^27L^"
first Precinct in Hingham, to do Duty and receive Privilege there
as the other Inhabitants of Said Precinct; and that the Petitioners
be exempt from paying any Tax made or granted Since the third
of February last, accordingly. \^Passed April 15 ^

CHAPTER 313.

VOTE FOR PAYING SUNDRY ACCO^s FOR BILLETING CANADA SOLDIERS.

Voted that there be allowed & paid out of the publick Treasury Legislative
to the several Persons hereafter named for billeting the Canada councu^ x*v\iL,
Soldiers between the last of Febry & the 20*^ of October last, viz' 334.

To Cap' Kent One hundred & forty four Weeks five days at six House Jour.
Shillings & three pence ^ Week, Fifty five Pounds four Shillings °* * ^'
& five pence.

Aaron Shelden ten Weeks at Ditto. Three Pounds two Shillings
& sixpence.

Susanna Remington Nineteen Weeks at Ditto Five Pounds eigh-
teen Shillings & nine pence. Aaron Hitchcock, three Weeks
at Ditto, Eighteen Shillings & nine pence Thomas Norton
Five Weeks & one day at ditto. One pound twelve Shillings & one
penny James Barlow, Three Weeks at ditto. Eighteen Shil-

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 20.

124

Province Laws {Resolves, etc.). — 1747-48. [Chap. 314.]

lings & nine pence; Dudley Kent Five Weeks & one day at

Ditto, One pound twelve Shillings & one penny

Benjamin Kent, Twenty five Weeks six days at Ditto Eight Pounds
one Shilling & nine pence Jonathan Remington ten Weeks six

Days at Ditto, Three Pounds seven Shillings & six pence Suffield.

Cap* Solomon Keyes thirty four Weeks six days (Brookfield) Ten
Pounds eighteen Shillings. Lieu* David King five hundred forty
Eight Weeks (Westfield) at Ditto, Seventy Seven Pounds eleven Shil-
lings & eight Pence.

M"" John Brewer Eighty five Weeks two day[s] (Number two) at
seven Shillings and six pence, Nineteen Pounds Sixteen Shillings
& nine pence.

Cap' William Brintnal Sixteen Weeks at six Shillings & three
pence, Five Pounds

And also that there be allowed for travelling Expences of said
Canada Soldiers within the Term aforesaid, viz* To Cap*

Samuel Kent, as ^ his Accompt Eleven Pounds one Shilling half
penny. Cap* Solomon Keyes, Thirty three Pounds fourteen

Shillings & eleven pence Lieu* David King, Thirteen Pounds

three Shillings & one jDcnny half penny. M"" John Brewer, Four

Pounds nine Shillings & four pence half penny. Cap' William

Brentnal, Twelve Pounds Nineteen Shillings & six pence Aaron

Shelden One Pound eight Shillings & nine pence. \^Passed April 16.

CHAPTER 314

Legislative
Records of the
Council, xvili.,
335.

Mass.

Archives, cxv.,
316-321. House
Journal,
pp. ^"l, 272.
Province
Laws, ii.,30,
chap. 22; iii.,
425, chap. U.

ORDER DECLARING THE PROCEEDINGS OF TOWN MEETINGS HELD AT
UPTON, NULL AND VOID, AND CALLING A NEW MEETING.

A Petition of John Sadler & others of the Town of Upton,
Complaining of illegal Proceedings of a Meeting of the Inhabi-
tants of said Town in March last; Praying that they may be de-
clared null & void, & that the Proceedings in a former Meeting
held in April, 1746, may be confirmed. Read &

Ordered that both the Meetings of the Town of Upton, within
refer'd to, be set aside, & all Elections & Votes therein passed,
made void & of none Effect; And that the Select men of the said
Town of Up[t]on for the Year, 1747, be & hereby are impowered &
directed to call a Town Meeting there, as soon as may be, And that
the s*^ Meeting be governed & managed according to the Directions
of the Laws of this Province, And that the regular Proceedings of
said Meeting, shall be deemed as good & valid, as if the same had
been held in the Month of March. And whereas it appears to be
some time since a Valuation was made in that Town, that the As-
sessors for the Year, 1747, be directed forthwith to make a new
one according to Law, & that the afores'^ Meeting be regulated by
the same. {^Passed Ajoril 16.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 12i

CHAPTEE 315.

ORDER DIRECTING Y^ PROVINCE TREAS« HOW TO PAY OFF SOLDIERS

& MARINERS.

Whereas the Act made in the Eighteenth year of his present Legislative
Maj^ Reign Entituled An Act to Regulate the pay of Sold'-s & Mar- councff, xvm^
riners & to prevent Fraud therein is Expired And there is no par- Archi*^*^^^'
ticular Direction Given by this Court how the Province Treasurer ixxiii.,i42.
Shall proceed in the paying of Sold''s & Marriners Therefore House Jour-

Voted That the province Treasurer be & hereby is Directed to pro^^cf^'^''
pay to the Several Sold''s & Marriners Appearing in person or to ^jf^%i"' 2^^'
their Order The Sums that Shall Appear to be due to them upon ^
the Several Muster Rolls from time to time without requiring Any
Certificate of their Having been in the Service of y'' Government.
[Passed April 16.

CHAPTEK 316.

ORDER APPOINTING A COMMITTEE TO DEMAND ACCOUNTS FROM PER-
SONS ADVANCED MONEY FOR ENLISTING SOLDIERS, ETC.

In Council; Whereas there have been divers Sums of Money Legislative
advanced out of the publick Treasury to Officers & others for councff.xvm.^

inlisting of Soldiers for the late Expedition ag^*^ Cape Breton, & 336^

the late intended Expedition ag^*^ Canada, & for other Services House Jour-
for promoting the said Expedition; altho the Persons who have ^^'^'
received the publick Money as aforesaid have long since been re-
quired by Advertisements in the News Papers to render their Ac-
compts of the Expence thereof to the Committee of Council, yet
the greatest part of them have wholly neglected to do it by which
means, it is apprehended, that a considerable Sum of Money due
to the Province is kept out of the publick Treasury, Therefore

Voted that John Osborne, Jacob Wendell & Ezekiel Cheever Esq"
with such as shall be Joined by the hon'''*' House of Represenf^^ be
& hereby are authorized & impowered to demand & receive of the
Persons aforesaid the Accompts of the Expence of the Money by
them received out of the publick Treasury as aforesaid, & upon
receiving the said Accompts to lay them before the Governour &
Council to be settled & Adjusted by them, & after Adjustm* thereof
to receive, & if need be to recover in the Law the Ballances of such
Accompts in favour of the Province, & to deliver the same to the
Treasurer, taking his Receipt therefor; And that the said Com-
mittee be also impowered & directed to sue in the Law such Per-
sons as refuse or neglect to render their Acco*^ as aforesaid on or
before the last day of July next; & what Money they shall recover,
pay into the Treasury as aforesaid; In the House of Represent' '^^
Read & Concur'd & M^ Allen, M^ Russell, M^ Hubbard & Maj^ White
are joined in the Affair. [Passed April 19.

126

Province Laws (^Resolves, etc.). — 1747-48. [Chaps. 317-319.]

CHAPTER 317.

Legislative
BecordB of the
Council, xviil.,
336.

House Jour-
nal, pp. 274, 275.
Ante, p. 102,
chap. 260.

ORDER IN REGARD TO DELINQUENT CONSTABLES & COLLECTORS.

Whereas by a Vote of this Court of the second of March Instant
it was Ordered that in Case any Constable or Collector of any Town
or District in this Province shall on the first day of May next be
deficient for any part of the Province Taxes before the year, 1747,
that in such Case the Treasurer be directed without delay to issue
forth Execution against such deficient Constable or Collector, and
it is apprehended that a strict Conformity to said Order may sub-
ject the Constables or Collectors to special Difficulty & needless
Expence; to prevent which

Ordered that in such Cases of Deficiency as aforesaid the Treas-
urer be directed to delay issuing the Executions against such delin-
quent Constables or Collectors till the first day of June next & no
longer the aforesaid Order Notwithstanding. \_Passed April 19.

CHAPTER 318

Legislative
Records of the
Council, xviii.,
337.

House Jour-
nal,pp.266,274.

ORDER ALLOWING 50/ TO SAM"- STEVENS.

A Petition of Samuel Stevens, praying that he may be allowed
for his Time & Expence in attending the General Court in April
last by special Order of M'' Burrill Chairman of a Committee of
said Court. Read &

Ordered that the Petitioner be allowed out of the publick Treas-
ury Fifty shillings in Consideration of his Travel & Expences within
mentioned. \^Passed April 19.

CHAPTER 319.

ORDER OF NOTICE ON THE PETITION OF AARON HITCHCOCK, GUARDIAN.
FOR POWER TO EXECUTORS TO SELL LAND.

Legislative
Records of the
Council, xviii.,
33". Mass.
Archives,
xviil., 336.

Mass.
Archives,
xviii., 3.31-335.
House Jour-
nal, pp. 267, 273.

A Petition of Aaron Hitchcock of Suffield, Gaurdian to Abigail
& Elizabeth Hitchcock Minors, Daughters & Cbheirs of Jacob Hitch-
cock late of said Place dec'^ Shewing that the s'^ Jacob by his last
Will impowered his Executors to dispose of so much of his real
Estate as might be for the Benefit of his Son, now dec'' that it
will be necessary to sell some part of it for the Benefit of his
Daughters, but the Circumstances of the Estate are such, as that
it cannot be divided without great Injury, Therefore praying that
the Executors may be impowered to make Sale of the whole.

Read and

Ordered that the Pet' serve the Executors within mentioned with
a copy of this Pet" that they shew cause if any they have on the
Second thirsday of the next May Session why the Prayer thereof
should not be granted. [^Passed April 19.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 127

CHAPTER 320.

VOTES IN REGARD TO THE ESTABLISHM^ FOR MASS^ FRIGATE, IM-
PRESSMENT, AND CRUISING.

Voted that the following Establishment of AVages & Subsistence Legislative
be made for One hundred & forty men (Othcers included) for the councif xvm^
Massachusetts Frigate, to continue till the first of August next, 338.
viz* To the Captain Six pounds Seventeen Shillings & six pence, ^ Mass.
month; Lieutenants Four Pounds thirteen Shillings & nine pence bc^vvlslf.'
^ month ; Master, Four Pounds seven shillings & six pence ^ month, nai^^^/o^i^o-fi
Doctor, Four Pounds seven Shillings & six ^ month. Chaplain, Four Ante.p.'i^r' '
Pounds seven Shillings & six pence ^ month ; Gunner, Four Pounds ^^^^' ^^^'
two Shillings & six pence ^ month, Boatswain, Three pounds fifteen
Shillings ^ month, Boatswain's Mate, three pounds five Shillings &
six pence f? month, Mate, three pounds eight shillings & nine pence
^ month. Steward, three pounds five shillings & six pence <p) month,
Cook, three pounds five Shillings & six pence f? Month, Gunner's
Mate, three pounds five Shillings & six pence p month; Pilot, Four
Pounds seven Shillings & six pence p month; Carpenter, Three
pounds fifteen Shillings |? month, Cooper, Three pounds five Shil-
lings & six pence, <g? month ; Armourer, Three pounds five Shillings
& six pence p month ; Coxswain, three pounds five Shillings & six
pence p month ; Two Quarter Masters, Each, three pounds five Shil-
lings & six pence p month ; four Midshipmen, Each three pounds
five Shillings & six pence p month. Common Sailors, Each, Three
pounds two shillings & six pence p month.

Also

Voted that the Captain General be desired forthwith to give Orders
that the aforesaid Number of Seamen may be enlisted, on board the
Province Ship, & that if a sufficient Number of Seamen do not appear
to enlist, he would then with the Advice of his Majesty's Council,
issue out his Warrant for an Impress for as many Seamen as shall
be needed to make up her Compliment, that the Ship may be at
Sea as soon as may be : And whereas at this Season of the Year,
there is usually great Danger attending our Navigation, more espe-
cially. Our Coasting Vessels with Provisions in their Return from
the Southward, even as far as from Virginia.

Therefore

Voted that the Captain General be desired to give Orders to the
Commanding Officers of said Vessel, to make his first Cruize along
Shoar, between the Capes of Virginia & Cape Cod, as at present
there seems our more immediate Danger. [Passed April 20.

CHAPTER 321.

VOTE TRANSFERRING £1,380 FROM APPROPRIATION FOR GRANTS TO Legislative

APPRO-^ FOR PAY OF Y^ MEMBERS OF BOTH HOUSES. Records of the

Council, xviii.,
338.

Voted that the Sum of One thousand three hundred & eighty House Jour-
Pounds be transfer'd from the Appropriation for Grants, to the S,^'- 1?- ^''-

iX^ 1 Province

Appropriation for Payment of the Members of the Council & Laws, iii., 376,
House of Represent^^^ [Passed April 20. ''^^^- ^^-

128

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 322-324.]

CHAPTER 322.

ORDER GRANTING TO JON^ LORING LICENCE TO RETAIL LIQUOR.

Legislative
Records of the
Council, xviii.,
38', ». MiiBS.
Ai-chives, cxi.,
151.

House Jour-
nal, p. 277.

A Petition of Jonathan Loring of Marlboro Retailer, shewing
that he removed out of the House where he has retailed, by Licence,
strong Drink for divers Years past, into his own House, but a few
rods distant from the other House, praying that his Licence may
be continued notwithstanding his Eemoval as abovementioned.

Eead and in Answer

Ordered that the Pet"^ be allowed to retail Strong Liquors in the
House He now dwells in till the time for granting Licences in July
next. l^Passed Ajjril 20.

CHAPTER 323.

ORDER IN REGARD TO TAX OF CERTAIN FAMILIES TAKEN FROM
MEDWAY AND ADDED TO WRENTHAM.

Legislative
Records of the
Council, xviii.,
.325. Mass.
Archives, cxv.,
218.

Mass.

Archives, cxv.,
217. Legisla-
tive Records of
the Council,
xviii., 339.
House Jour-
nal, pp.255, 27S.
Province
Laws, xiii.,555,
chap. 244.
Ante, p. 20,
chap. 39.

A Petition of John Barber Represent'"'^ of the Town of Med-
way shewing that in the Year 1745, the General Court set off six
Families from Medway to Wrentham there to do Duty & receive
Priviledge, but the Valuation of their Estate being contained in
Med way's last Yaluation, Medway has been taxed for their Estate,
Therefore praying that the Part of the Tax belonging to the said
Six Families may be taken from Medway & added to AVrentham.

Read again and it appearing that the Select Men of Wrentham
have been Served with a copy of this Pet" but no answer given in.

Ordered that the Prayer of the Petition be granted. [Passed
April 20.

CHAPTER 324.

Legislative
Records of the
Council, xviii.,
339. Mass.
Archives,
xviii., 340.

Mass.
Archives,
xviii., 339-342.
House Jour-
nal, pp. 270, 277.
Province
Laws, ii., 151,
chap. 10.

ORDER IMPOWERING JOS. SNELLING, GUARDIAN, TO SELL REAL ESTATE.

A Petition of Joseph Snelling of Boston, Gaurdian of the three
Sons Jonathan, John & Thomas Snelling Minors, shewing that they
are entitled to one sixth Part of the real Estate of their late Grand-
father Thomas Yerien late of Boston Dec'' which consists of a Man-
sion House & Land, & Wharves & Flatts contiguous, which house &
wharves are much out of Repair, Therefore praying that he may be
impowered as Gaurdian to Join with the rest of the heirs in Selling
the said Estate, which will be for the Good of the said Minors.

Read and

Ordered that the Guardian within named be allowed and impow-
ered in his Capacity to Sell that part of the Estate within mentioned
which belongs to the said Minors for the most it will fetch. He
Observing the Directions of the Law in that Case provided. And
giving Sufficient Security to the Judge of Probates for the County,
of Suffolk to Pay the said Minors their respective Shares with Inter-
est as they respectively arrive at Age. [Passed A2Jril 20.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 129

CHAPTER 325.

ORDER FOR SERVING RUM INSTEAD OF BEER FOR SAILORS ON BOARD
THE MASS^ FRIGATE AND ALSO DIRECTING THE SALE OF CLOTH-
ING AND MEDICINES PROVIDED FOR THE FORCES AT LOUISBURG.

Ordered that the Commissary Gen' be directed to Provide Eum Legislative
for the Service of the Mass^ Frigate in Lieu of Beer. And that each councu^ xvfu^
Officer and Sea Man be allowed the like value in Eum, that the Usual 34o. Mass.
allowance of Beer would amount to. Also ixiv., 295.'

Ordered that a Suitable quantity of y*^ Cloathing provided for the House Jour-
Forces at Louisburg, be put into the hands of a proper person to be ^^^' p- ^'^^•
accountable therefor; and that the same be delivered out to any of
the Sea Men, who shall desire it, at the wholesale price. And the
Comm^*^ app^*^*^ to report what they Judge proper for this Court to
do respecting said Cloathing, are directed to Cause to be Valued
the several pieces of Cloathing to be delivered as aforesaid And the
said Comm'^® are likewise directed to dispose of said Cloathing for
the most the same will fetch ; and also of any Medicines that may
have been provided, and not expended.

They to render an Accompt of their doings herein to this Court.
{^Passed April 20.

CHAPTER 326.

VOTE DIRECTING THE COMMISSK^ FOR SETTLING THE LAND BANK Legislative
OR MANUFACTORY SCHEME AFFAIRS TO LAY Y» ACCO^ BEFORE Y^ Records of the
nc\Tjx}^ ■ Council, xvm.,

'-UlJ^i- 341. Mass.

Archives, cii.,

Voted that the Commissioners appointed to adjust and Settle the —

Affairs of the late Land Bank or Manufactory Scheme be directed nai^jK2^'^
to lay before this Court at the next May Session an Accompt of the L^Tg^xfu 543
several Sums they have recieved and discharged themselves of by chap. 225. "'
virtue of their said Appointment. ^Passed April 21.

CHAPTER 327.

ORDER ALLOWING £31. 0. 6 TO DAVID KING AND OTHERS.

An Accompt of the travelling Expences of David King & other Legislative
Officers in the Service of this Government, Amounting to the Sum couScif xvm^
of £31. 0. 6, 341. '

[Read and]

Ordered that the Sum of Thirty one Pounds & six pence be allowed
out of the publick Treasury to Thomas Ingersole Esq'' to discharge
the above Accompt.' \^Passed April 21.

^ Not found in the House Journal.

130

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 328-331.]

CHAPTER 328.

ORDER ABATING THE PROVINCE TAX OF THE TOWN OF CHELSEA.

Legislative
Records of the
Council, xviii.,
341.

House Jour-
nal, pp. 267, 278.

A Petition of M'' Thomas Pratt Representative of the Town of
Chelsea, shewing in behalf of the said Town, that in the last gen-
eral Valuation, their Estate was set considerably too high (as they
apprehend) by reason of their not having any Person to represent
them in General Court, & they have been accordingly over taxed
ever since ; Praying for an Abatement of their Tax. Read &

Ordered that the Town of Chelsea be abated ten shillings in a
thousand Pound in the next Province Tax. [^Passed April 21.

CHAPTER 329.

Legislative
Records of the
Council, xviii.,
342. Mass.
Archives,
Ixxiii., 144.

Mass.
Archives,
Ixxiii., 143.
House Jour-
nal, p. 279.
Ante, p. 49,
chap. 121.

ORDER ALLOWING £4 TO ALEX^ TARRANT.

A Petition of Alexander Tarrant, a Soldier in the late Expedi-
tion against Cape Breton, shewing that he still remains a Cripple
by reason of the Wounds he received in that Service, praying for
some further Allowance

Read and

Ordered that the Committee of War be directed to allow the
Petitioner four pounds for his relief.' \^Passed April 21.

CHAPTER 330.

ORDER ALLOWING £33. 4. 6 FOR BILLETING CANADA SOLDIERS.

Mass.
Archives,
ccxlvii., 82.

Ordered that the Sum of thirty three pounds four shillings and
Six pence Old tenor be allowed out of the publick Treasury and
paid the Accomptants respectively in full discharge of the above
written ^ Acc^^' [Passed April 21.

CHAPTER 331

Legislative
Records of the
Council, xviii.,
343.

House Jour-
nal, p. 281.
Province

ORDER TRANSFERRING £800 FROM THE APPIIO^ WHERE THERE IS NO
ESTABLISHM'' TO CAPE BRETON APPRO*.

Ordered that the Sum of Eight hundred Pounds be transferred
from the Appropriation for the Payment of Services &c. by Order
Laws, iii., 334, of the Court for which there is no Establishm* & appropriated to
° *^' ' pay such Charges as have arisen by the late Expedition against

Cape Breton. \Passed April 22.

* The allowance of £4 not found in the House Journal.
^ These accounts may be found in Mass. Archives, ccxlvii., 82.

5 Not found in the House Journal, Legislative Records of the Council or Executive
Records of the Council, nor Treasurer's Account.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 131

CHAPTEK 332.

VOTE FOR ADVANCING THE WAGES OF THE FORCES OF THE FRON- Legislative

TTT?T? «; Records of tlie

^^^^^- Council, xviii.,

343. Mass.

Voted that the Wages of the Forces upon the Frontiers of this i^^ni.I wV.
Province be advanced as follows Viz Forty Shillings per month for House Jour-
each private Centinel and the Officers in proportion to Commence nai, p. 282.
with the present Establishment. [Passed AjJril 32. chap'. 273. '

CHAPTER 333.

ORDER ALLOWING £10 TO MOSES ROBINSON.

A Petition of Moses Robinson Chiriirgeon, shewing that he has Legislative
had the Care of divers Soldiers that were wounded by the Enemy, counc*if, xvm^
& has effected their Cure, praying to be allow'd the Sum of Ten 343. Mass.

ArcnivGs

Pounds for the said Service. ixxiu., 332.

Read and Mass^^

Ordered that the Pef be allowed out of the publick Treasury ^^ni^llo-sss.
ten pounds in full Satisfaction for the Services within mentioned, iiouse'jour-
[Passed April 23. nai.p.282.

CHAPTER 334.

ORDER APPOINTING PERSONS TO TAKE THE VALUATION OF RATEABLE
ESTATES AT NATICK.

A Petition of David Morse & others of Natick, Shewing that ^^'^d*^^? th
there has been no Valuation of the Estate of the Inhabitants there, council, xviu.,
since Natick has been made a Parish ; And for as much as this Court ArciuvesTcxv.,

has Ordered a Meeting to be held in said Parish, praying that a Val- ^

nation may be taken before the said Meeting, for regulating the Qual- Mass.
incation oi the \ oters. 328. House

Read and pp. 281,282.

Ordered that Ebenezer Felch and John Sawin two of the Assessors Ante, p. 120,
of Natick for the Year 1747 together with M^ William Greenwood ''^^^- ^•
of Sherburne be directed forthwith to take the Valuation under
Oath of all the rateable Estates in Natick, by which Valuation the
next Parish Meeting shall be regulated. [Passed April 22.

CHAPTER 335.

ORDER ALLOWING £116. 13. 10 TO JN" NOYES ESQ».

A Petition of John Noyes Esq'' late Truck Master at S* George's Legislative
River, shewing that he has a Demand upon the Province for his Salary councif xviii^
& other Services, & money paid by him agreable to an Accompt here- 343. Mass.
with exhibited ; ' Praying that the Commissary General in Settling ^xTx.74oo.
his Acco*^ of the Truck Trade, may be directed to allow what is M^^g; '

due to him by the Accompt first mentioned. Archives,

•' ^ cxix., 39SM01.

1 This account may be found in Mass. Archives, cxix., 401.

132

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 336, 337.]

House Jour-
nal, p. 281.

Read and

Ordered that the Commissary Gen^ be directed in Settling Ace**
with the Pef to allow him One hundred and Sixteen pounds thir-
teen Shillings and ten pence Old tenor in full consideration of the
Ace* herewith Exhibited, [Passed April 22.

Legislative
Records of the
Council, xviii.,
344. Mass.
Archives,
Ixxiii., 146.

Legislative
Records of the
Council, xviii.,
340. House
Journal,
pp. 274, 275, 2S3.
Province
Laws, xiii., 697,
chap. 304.

CHAPTER 336.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE STORES

AT ALBANY.

The Committee to whom was referr'd the Commissary General's
Accompt together with M'' Commissary Emerson's Letter & Papers
relating to the Provisions & Stores at Albany report their Opinion,
That the Committee of War be directed to give Orders forthwith to
iP Commissary Emerson, to get such Provisions repack'd as stand
in Need of it, & to sell what Provisions he can, there, Provided it
can be done at a Price equal to what it will fetch at Boston, having
a just Eegard to the Freight, Risque & other necessary Charges, &
that without Loss of Time, as for those Provisions represented quite
bad, to sell them for the most they will fetch, but if they will yeild
Nothing, then to get them regularly Condemned & a proper Certif-
icate under Oath returned to the Committee of War, And that his
Excellency be desired to give Orders for securing & safe keeping the
warlike Stores, now lying at Albany to some proper Person there,
that so the Commissary may be discharged. And the Committee of
War send for the Remainder of the Provisions to Boston in the
cheapest way they can, & dispose of them for the Province's most
Advantage, The Comm*'^'^ to be Accomptable.

In the Name of the Committee J. Osborne.

Read and

Ordered that this Report be accepted. [Passed Ajjril 23.

CHAPTER 337.

ORDER WITH STAY OF EXECUTION REFERRING Y" PETITION OF JAMES
ALLEN, ESQ'', FOR REVIEW OF A JUDGMENT.

Records"of%he ^ PETITION of James Allen of Boston Esq' Shewing that in a
Council, xviii., Trial of a Cause between the Petitioner & Richard Hood Ship-
- Avright, at the Superiour Court held at Boston in August last it

334, 344.
Mass.

Archives, xiii., SO happcu'd that the Petitioner could not have the Benefit of his
Jmi^nai ^'*"®® Evidence, & therefore praying that he may be enabled to reveiw the
pp. 271, 274, 283, Judgment obtain'd against him [in] that Court, that the Judges
'^^' may be impowered to try the said Cause, & that Execution may be

stayed, he giving Bond as usual.

Read with the Answer of Richard Hood &

Ordered that the Consideration of this Petition be refer'd to the
next May Session & that Execution be stayed in the mean time. Pro-
vided the Petitioner give Bond to the Respondent Richard Hood, to
pay double Interest, until the Court shall determine on this Petition,
in Case the Prayer thereof should not be granted. [Passed April 23.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 133

CHAPTEK 338.

VOTE DIRECTING THE PAYMENT OF BILLETING MONEY TO THE
INHAB^s OF SUFFIELD.

Voted that the Treasurer be directed to pay Cpt. Lyman the Bil- Legislative
leting Money granted to the Inhabitants of Suffield, to be by him council, xvm^,
repaid to the several Persons to whom the same is due. \^Passed ^—

A nril 2fi House Jour-

J±j)ru ^O. nal, p. 284.

CHAPTER 339.

VOTE ALLOWING ACCQt OF BILLETING CANADA SOLDIERS.

A GENERAL AccoMPT of billeting Soldiers raised for the Expe- Legislative
dition ag^' Canada, & employed on the Frontiers in the Service of coun^lf °* m^
the Province. 344.

Voted that the within Accompt of billeting Canada Soldiers Ante, p. 123,
between the last Day of FebTy 1746, & the 16*^ of October fol- ^'^^P-^ia-
lowing, amounting to four hundred & sixty one Weeks & two
Meals, be allowed at six Shillings & three pence ^ Week (except^
David Pixley's Accompt of Eleven Weeks & one day, which is
allowed at Seven Shillings & six pence ^ Week, & William Lamp-
son's Accompt of Twenty nine Weeks & two days, & James M^Clin-
tock's Acco' of Twenty nine Weeks »& five days at Seven Shillings
^ Week) to be paid by the Treasurer to the several Persons as
Enter'd in the Margin of the Accompt, & by them to the respec-
tive Persons to. whom it is due.' \^Passed April 23.

CHAPTER 340.

ORDER DIRECTING THE PROVINCE TREASURER TO CREDIT TO HIS AC-
COUNT ALL AMOUNTS UNPAID ON MUSTER ROLLS AND IN FUTURE
TO CHARGE ONLY ACTUAL PAYMENTS THEREON.

It BEING REPRESENTED that it has been the Practice for several Legislative
Years past to charge in the Treasurer's Accompts the Foot or whole councif.xvui^

Amount of the Muster Rolls, for which, there have been Warrants '^j^

for Payment, & it being probable y' some of the Soldiers Pay by reason House Jour-
of their Death, & having no Heirs, or by some other means may remain
in the Treasury; Therefore

Ordered that the Treasurer be directed in his next Accompt, to
carry to the Credit of the Province, such Sums as may remain
uppaid* on the several Muster Rolls as aforesaid, & that for the
future, he charge on all Muster Rolls, such Sums only as shall be
actually paid. \^Passed April 23.

* Not found in the House Journal.

^ Sic; the House Journal, p. 284, reads, "unpaid."

134

Province Laws {Resolves, etc.). — 1747-48. [Chaps. 341-344.]

CHAPTEK 341.

Legislative
Records of the
Council, xviii.,

Archivercii., VOTE ALLOWING £500 TOWARDS REBUILDING THE COURT HOUSE.

378.

House Jmir- Voted that the Treasurer be directed to Pay into the hands of the

Pro'vinc'e " Comm*^® for rebuilding the late Court House the Sum of five hundred
cha^^25"'!inle, pouuds Such Sum to be taken out of the Appropriation where there
p. 118, chap. ' is no Establishment. The S** Comm'^*' to be accountable. \^Passed
April 2S.

298

CHAPTER 342.

ORDER DIRECTING THE COMMISSARY GENERAL, TO SETTLE THE
ACCOUNT OF EBENEZER PROUT.

House Jour,
nal, p. 168 (Feb-
ruary, 1746).
Mass.
Archives,
Ixxiii., 117.

Mass.
Archives,
Ixxiii., 116.
House Jour-
nal, p. 234 (Feb-
ruary, 1746) ;
pp. -m, 261, 284.
JProvince
Laws, xiii.,494,
chap. 77.

A Memorial of Ebenezer Prout., a Commissary in the late Ex-
pedition against Cape-Bi'eton, representing sundry Difficulties he
labours under with Relation to his Accounts; praying the Consid-
eration and Eelief of this Court, for the Seasons mentioned.

Eead and

Orderedi\\2ii the Commissary Gen' be directed to Settle the Memo-
rialist's Accompt agreable to the Order of this Court of August 2*^
1745 by allowing and paying him for the Rum Mollosses and Beer
which He shall make appear to have actually delivered, over and
above what He has rec'd as a Commissary in the Expedition. ' \^Passed
April 2S.

CHAPTER 343.

ORDER DIRECTING THE SECRETARY TO DELIVER ORIGINAL PAPERS
ACCOMPANYING THE PETITION OF GOVERN^ BELCHER.

Records^onhe Ordered that the Secretary be directed to deliver the Original
Council, xviii., Papers accompanying the Petition of Governour Belcher, & the

— -^ Answer to the respective Parties concerned therein, upon their

nai°p^2!^'^ Application to him therefor, they leaving with him Attested Copies
ch"ap'. m"' ^^ ^^^^ same at their own proper Charge. [^Passed April 23.

CHAPTER 344.

ORDER ALLOWING £15 AND THE FURTHER SUM OF £162. 10 TO MELET*

BOURN.

Legislative
Records of the
Council, xviii.,
285, 346.

Legislative

Records of the

Council, xviii.,

309. House

Journal,

pp. 196,210,234

284.

A Petition of Meletiah Bourn a Commissary in the late Expe-
dition against Cape Breton; setting forth the great Difficulties he
labours under by reason of a Prosecution in the Law respecting his
Doings in that Service, pursuant to the Orders of the General [Court] ,
and the Com*^® of War, praying that this Court would consider the
said Affair & give Order thereon.

Voted that agreable to the Report of the Committee on the third
of March last, then accepted by the House & the hon^'® Board, on

* Not found in Lesri.slative Records of the Council.

[3d Sess.] Province Laws {Resolves, etc.). — 1747-48. 135

the Petition of Melatiah Bourn, That there be paid out of the Prov-
ince Treasury the Sum of Fifteen Pounds, in full of said Bourn's
Cost, he has already been at in his Law Suit in s*^ Petition mentioned ;
Also that said Bourn be allowed out of the Treasury the further Sum
of One hundred & sixty two pounds ten Shillings, Provided he
undertake to defend said Suit on the Appeal mentioned in his Peti-
tion, & the Province be indemnified from any Cost & Damages that
may arise thereon for the future, & that he give Security for his so
doing. \^Passed April 23.

CHAPTER 3 45 Legislative

v^ XX XI. X i ij xv .J t u . Records of the

Council, xvlli.,

ORDER SUBSTITUTING MR ROYAL FOR MAJOR BRADFORD ON THE COM- — '-

MITTEE ON THE AFFAIR OF IPSWICH & ROWLEY. Rifords'of the

Council, xvill.,

Ordered that M^ Royal be of the Comm"^*^ to repair to Ipswich & jounmi*, p^p. is,
Rowley agreable to the Order of this Court of y*^ second of June last ^- ^^-'^^g
in the room of Major Bradford, who declines that Service. \^Passed chap.soi. ' '
April 23.

CHAPTER 346.

ORDER OF NOTICE ON THE PETITION OF JOS. EPHRAIM & OTHERS,
INDIANS, IN REGARD TO FISHING PRIVILEGES.

A Petition of Joseph Ephraim & others of Natick Indians, Com- Legislative
plaining against Ebenezer Felch & other English Men of said Place, counclf xvmf
for depriving them of their Right & Benefit of Fishing in said Place, 346. Mass.
by drawing Seins in their Ponds &c. Praying for Redress from this xxxi.^sts.

Court. Mass.

Read and Archives,

xxxi. 574.

Ordered that the Pet" serve Ebenezer Felch with a copy of this House Jour.
Pet° that He shew cause if any He hath on the first fryday of the °*''P-281-
next May Session why the Prayer thereof should not be granted.
[Passed April 23.

CHAPTER 347.

ORDER WITH STAY OF PROCEEDINGS APPOINTING A COMMITTEE ON
THE PETITION OF JOHN VARNAM &c OF DRACUT IN REGARD TO
BUILDING A MEETING HOUSE.

A Petition of John Varnam & sundry others Inhabitants of the Legislative
Town of Dracutt, representing the Difficulties the said Town is under councff xvm*
by reason of their Disappointment respecting the Place for building 346.
their Meeting House on for the Worship of God, And therefore pray- House Jour-
ing that this Court would appoint a Committee to veiw the said Town X'^e^'p^^iie,
& determine upon the most suitable Place, or otherwise order for the ^'h^P- 291-
Settling of the said Point.

In the House of Represent^^^ Read &

Ordered that Col" Richards & M"" Brewer with such as shall be
Joined by the hon*''® Board, be a Committee to veiw the Situation
& Circumstances of the Town of Dracutt, at the Charge of the

136 Province Laws {Resolves, etc.). — 1747-48. [Chaps. 348, 349.]

Petitioners & report what they judge proper for this Court to do
thereon, & all Proceedings respecting the building a Meeting House
in said Town, are stayed in the mean Time.

In Council ; Eead & Concur'd & ' Esq'' is joined in the Affair.
[Passed April 23.

CHAPTEE 348.

VOTE ALLOWING DAVID INGERSOLE HIS ACCOMPT.

Eecords'onhe ^^ AccoMPT presented by David Ingersole of Billeting Soldiers
Council, xviii., in the County of Hampshire, as also of Disbursements made by
^ him for supplying the said Soldiers with Eum & other things

na^i^P^vT^" Read &

Voted that this Accompt be allowed, & the within named David
Ingersole be allowed usual Billeting for Eight Hundred & sixty four
Weeks & six days out of the publick Treasury. Also

Voted that the Sum of Forty Pounds fifteen Shillings be allowed
the Accomptant in discharge for Rum & sundry other Disbursements.
[Passed April 23.

CHAPTER 349.

ORDER ALLOWING £89. 1. 9 TO CPT. JN« STEVENS.

RecordB*of the "^^ AccoMPT presented by Cap* John Stevens of the Charge of
Council, xviii., Billeting Soldiers raised for the late intended Expedition against

^~ Canada, Amounting to the Sum of £89. 1. 9.

naTp'asT" [Read and]

Ordered that the Accomptant be allowed Eighty nine Pounds one

Shilling & nine pence in full Satisfaction of the said Accompt.

[Passed Ajjril 23.

' Sic J no name is given in either copy of Legislative Records of the Council.

RESOLVES, ORDERS, VOTES,

ETC.

Passed 1748-49,

[137]

LEGISLATIVE LIST'

FOR
1748-49.

His Excellency WILLIAM SHIKLEY,

Captain-General and Governor-in-chief, etc.
JOSIAH WILLARD, Esq.,

SECRETARY OF the PROVINCE.

COUNCILLOES OR ASSISTANTS.

Of the Inhabitants of or Proprietors of Lands within the Territory formerly
called the Colony of the Massachusetts Bay j

John Osborne

Ezekiel Lewis
Francis Foxcroft

JOSIAH WiLLARD

Jacob Wendell
Samuel Welles
Thomas Berry
Joseph Wilder
Benjamin Lynde

Daniel Russell
Samuel Danforth
William Foye
John Greenleaf
'EsQRS. Samuel Watts

John Quincy
John Chandler
Ezekiel Cheever
Joseph Pynchon

• ESQRS.

Of the Inhabitants of or Proprietors of Lands within the Territory formerly
called the Colony of JVew Plimouth ;

John Gushing ) Sylvanus Bourn \^

George Leonard | Lsqrs. j^^^ q^^^ ^i^sQRS.

Of the Inhabitants of or Proprietors of Lands ivithin the Territory formerly
called the Province of Main ;

Sir William Pepperell, Baronet, Jeremiah Moulton & John Hill, Esqrs.

Of the Inhabitants of or Proprietors of Lands ivithin the Territory lying
between the River of Sagadahock S Nova Scotia ;

John Wheelwright, Esq.

1 See Legislative Records of the Council, xviii., 348-351.
[139]

140 Province Ijaws (Resolves, etc.). — 1748-49. [Representatives.]

For the Province, at large : —
James Minot & Andrew Oliver, Esqrs.

REPEESENTATIVES OR DEPUTIES.

May 25, 1748 to April 22, 1749.

Mr. THOMAS HUTCHINSON, Speaker.

County of Suffolk.

Boston, . . . Thomas Hutchinson, Esq.
James Allen, Esq.,
Thomas Hubbard, Esq.,
Mr. John Tyng.

Roxbury, . . Joseph Heath, Esq.

Dorchester, . . Capt. Robert Sjjur.

Milton, . . . Samuel Miller, Esq.

Brantrey, . . William Hunt, Esq.

Weymouth, . . Adam Cushing, Esq.

Hinghani, . . Benjamin Lincoln, Esq.

Dedham, . . Joseph Richards, Esq.

Medjield, . . Capt. Samuel Morse.

Wrenlham, . . Mr. John Goldsbury.

Stoughton, . . John Shephard, Esq.

Medway, . . Mr. John Barber.

Chelsea, . . Mr. Thomas Pratt.

County of Essex.

. Capt. John Gardner,
Mr. James Jeffry.

. John Choate, Esq.

. Joseph Gerrish, Esq.,
Col. Moses Titcomb.

. William Collins, Esq.
, . Major Jacob Fowles.

. Capt. Nathaniel Erie.
. . Robert Hale, Esq.
. . John Hobson, Esq.
. . Mr. Stephen Merrill.

. Cajjt. Nathaniel Peaslee.

. Capt. James Davis.
. . Thomas RoAvell, Esq.

. Mr. Benjamin Porter.

. Mr. Jacob Peabody.
. . Mr. William Hardy.

. Mr. Isaac Wilkins.

County of Middlesex.

Cambridge, . Andrew Boardman, Esq.

Charlestown, . Isaac Royall, Esq.,
Mr. James Russell.

Watertown, . Mr. Jonas Bond.

Concord, . . Mr. Ephraim Jones.

Wobtir?i, . . Mr. Josiah Pierce.

Beading, . . Capt. Thomas Eaton.

Newton, . . Thomas Greenwood, Esq.

Sudbury, . . Ephraim Curtis, Esq.

Groton, . . . William Lawrence, Esq.

Marlborough, . Mr. Samuel Witt.

Billerica, . . Joseph Thompson, Esq.'

Framinghani, . Joseph Bvickiuinster, Esq.

Lexington, . . Mr. Isaac Brown.*

Chelmsford, . Capt. Samuel Chamberlain,

Maiden, . . . Joses Bircknam, Esq.

Weston, . . . Mr. Joseph Livermore.

Medford, . . Andrew Hall, Esq.

Littleton, . . Mr. Jonathan Prescott.

Sherburn, . . Mr. Isaac Coolidge.

Stow, . . . Mr. Phinehas Rice.

Dracutt, . . Capt. John Colburn.

Wesford, . . Thomas Read, Esq.

Waltham, . . Capt. John Brown.'

County op Hampshire.

Siiringjield, . John Worthington, Esq.

Salem, .

Lpsxvich,

Newbu,ry,

Lyn, . .

Marblehead

Andover,

Beverly,

Rowley, .

Salisbury,

Haverhill,

Olocester,

Amesbury,

Boxford,

Topsfield,

Bradford,

Middleton,

* The Town Historj' of Billerica, p. 304, gives the name as Benjamin Tompson.

* Hudson's History of Lexington, p. 408, gives the name as Isaac Bowman.

' The House Journal, p. 4, adds the name of Mr. Jacob Foster as the representative from HoUiston.
The Holliston Town History List. p. 382. begins with the year 1769.

* The House Journal, p. 4, adds the name of Mr. Daniel Burt as the representative from Brinifield. The
History of Brinifield, p. 355, reads, "no representative sent."

Northampton

Hadley, .

Hatfield,

Westfield,

Suffield,

Enfield,

Deerfield,

John Stoddard, Esq.
Eleazar Porter, Esq.
Israel Williams, Esq.
Mr. David Moseley.
Capt. Phinehas Lyman.
Elijah Williams, Esq.
Mr. David Field.*

[Representatives.] Province Laws (i?e5o?yes, e^c). — 1748-49. 141

County of Worcester.
Worceste7\ . . Benjamin Flag, Esq.
Lancaster, . . Capt. AVilliam Richardson.
Mendon, . . Mr. Xathanael Nelson.
Brookfield, . . Joseph Dwight, Esq.
Shrewsbury, . Nahum Ward, Esq.

County of Plimouth.

Plimouth, .
Scituate,
Duxbury, .
Marshjicld,
Bridgewater,
Middlebord,
Pembroke, .
Plimpton, .

Thomas Foster, Esq.
Capt. Caleb Torrey.
Gamaliel Bradford, Esq.
John Little, Esq.
Capt. Daniel Howard.
Mr. Samuel Bennett.
Isaac Little, Esq.
Mr. William Churchhill.

County of Barnstable.

Barnstable, . . James Otis, Esq.
Sandwich, . . Samuel Tupper, Esq.
Yarmouth, . . Major Joseph Thatcher.
Eastham, . . Samuel Knowles, Esq.

County of Barnstable — Concluded.
Harwich, . . Joseph Freeman, Esq.
Falmouth, . . Rowland Robbinson, Esq.

County of Bristol.

Tautiton, . . . James Williams, Esq.

Rehoboth, . . Capt. Daniel Carpenter.

Dartmouth, . . Capt. Kathanael Sole.

Norton, . . . Mr. Benjamin Cobb.

Attleborough, . Capt. Samuel Tyler.

Dighton, . . . Mr. Elnathan Walker.

Freetown, . . Mr. John Winslow.

Swanzey, . . Esee Brown, Esq.

County of York.
York, .... Cai)t. Thomas Bragdon.

Kittery, . . . Simon Frost, Esq.
Wells, . . . John Storer, Esq.
North Yarmouth, Jeremiah Powell, Esq.'

For the County of Nantuckett.

Sherbicr?i, . . Mr. Eleazar * Folger.

1 The House Journal, p. 4, adds as representative from Falmouth, Enoch Freeman, Esq"^

2 The House Journal, p. 4, reads, Abishai.

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON the Twenty-fifth Day of May, A.D. 1748.

CHAPTER 1.

VOTE ALLOWING A BOUNTY OF £5 PER MAN TO VOLUNTIERS ENLIST-
ING ONE YEAR.

Whereas Provision was made by the Vote of this Court of the Legislative
IS'*" of FebJ' last for allowing a Bounty to a Number of Men not coSncn'xim®
exceeding four hundred Who should Enlist for three Years for the 354. Mass.
Service of the Frontiers. And it appearing that the Number of ixx^m.^Yeo.
four hundred have not Yet Enlisted. Therefore House Jour-

Voted that tliere be allowed five pounds to every able bodyed Man ^^^//- '^^g
who shall Enlist for one Year only, until the Number of four hun- chap! 220. '
dred (including what have already Enlisted or may hereafter Enlist
for the term of three Years agreable to the Tenor of said Vote) shall
be Compleat. [Passed May 27.

CHAPTER 2.

ORDER ALLOWING THE ACCO"^ OF THE TREASURER OF WORCESTER

COUNTY.

An Accompt presented by M"" Daniel Hayward Treasurer of the Legislative
County of Worcester for the Year, 1747, having been laid before coundi' xviih,
the Court of Gen' Sessions of the Peace for the s*^ County & by ^_^

them allowed. House Jour-

Eead& aal,pp.ll,16.

Ordered that this Acco* be allowed & that the Ballance thereof
being two Pounds nine Shillings ^, the s*^ County to be accountable
to said Treasurer for. [Passed May SO.

CHAPTER 3.

ORDER ALLOWING THE ACCOt OF THE TREASURER OF YORK COUNTY.

An Accompt presented by Jeremiah Moulton Esq' Treasurer of ^gfo^'^g'^f jij^
the County of York for the Year 1747, having been laid before council, xviii.,

the Court of Gen' Sessions of the Peace for s'' County & by them ^—

allowed. Eead & na°"pp'^n''i6

[143]

144

Province Laws {Resolves, etc.). — 1 748-49 . [Chaps. 4-6 . ]

Ordered that the within Acco* be allowed, & that the Ballauce
thereof, being |, the s*^ Treasurer is further accountable to s*^
County for. \^Passed May 30.

Legislative
Records of the
Council, xviii.,
355.

House Jour-
nal, pp. 11, 16.

CHAPTEE 4.

ORDER ALLOWING THE ACCOt OF THE TREASURER OF BARNSTABLE

COUNTY.

An' Accompt presented by John Gorham Treasurer of the County
of Barnstable for the Year 1747, having been laid before the Court
of Gen' Sessions of the Peace for s'' County, & by them allowed.

Read &

Ordered that the within Acco' be allow'd & that the Ballance
being forty eight Pounds eight shillings the s'^ Treasurer be ac-
countable to said County for. \^Passed May 30.

CHAPTER 5.

Legislative
Records of the
Council, xviii.,
355. Mass.
Archives,
Ixxiii., 159.

Mass.
Archives,
Ixxiii., 158.
House Jour-
nal, pp.13, 16.
Ante, p. 35,
Chap. Hi.

ORDER ALLOWING 25/ TO MARY FOSTER AND 25/ TO EACH OF THE

FOUR CHILDREN.

A Petition of Mary Foster of Casco Bay, Widow, shewing that
her late Husband, Ephraim Foster was killed by the Indians, & she
with six small Children carried Captives to Canada, & after four or
five Months, she & four Children were returned home by the way of
Cape Breton, praying that she with her Children may have the same
Allowance for their Releif, as was made for the other Prisoners

Eead and

Ordered that there be allowed out of the publick Treasury the
Sum of twenty five Shill"^^ to the Pef for her self and the like Sum
of twenty five Shillings for each one of the four Children returned
from Captivity. Said Sums to be delivered into the hands of

Enoch Freeman Esq'' by him to be p'' the Pef for the Use of the
Persons within mentioned. [^Passed May 31.

CHAPTER 6.

Legislative
Records of the
Council, xviii.,
356.

Mass.

Archives, xii.,
475, 477, 481.
House Jour-
nal, pp. 18, 19.
Love's Fast
and Thanks-
giving Days
of New Eng-
land, p. 495.

ORDER REQUESTING THE APPOINTMENT OF A FAST DAY.

The Board taking into Consideration the Frowns of Divine
Providence in the many Calamities we suffer from Our Common
Enemy, & in the early & extream Drought whereby many of the
Fruits of the Earth are in Danger of being utterly destroyed,
which we look upon as a plain Indication of Divine Displeasure
for the many publick Sins which we have been guilty of, which
Frowns are a Call upon us for a publick Acknowledgement of our
Offences & to Repentance & Reformation; without which we can't
expect that God will be reconciled to us & shew us Mercy.

Voted that his Excellency be requested as soon as may be, with

[1st Sess.] Province Laws {Resolves, etc.). — 1748-49. 14-5

the Advice of the Council to appoint a solemn Day of Fasting,
Prayer & Humiliation thro out this Province for imploring the
Commiseration of Almighty God, that he would please to grant
us the Showers of Eain necessary for satisfying the thirsty Earth,
that so there may be Food sufficient for Man & Beast, And that
this Court may be graciously directed in their Consultations & Our
Forces succeeded in the Prosecution of the War.' \^Passed May 31.

CHAPTEE 7.

ORDER ALLOWING £12 TO W** THORN.

A Memorial of William Thorn, shewing that while he was in Legislative
his Majesty's Service on the Eastern Frontier, he was grievously coS^cif xim^
wounded by the Indian Enemy & his left Arm shot off, whereby 357. mrbb.
he is disabled from supporting himself & his Family; Praying for ixxii/Jiei.
some Releif from this Court. m^^^^

Read and j^^^u^lls

Ordered that there be allowed out of the publick Treasury to the House Joiir-
Pef twelve pounds in consideration of his Sufferings herein Exhib- '^*^' pp- i^' i^-
ited. {Passed May 31.

CHAPTER 8.

ORDER ALLOWING £8 TO ROBt MILLER.

A Petition of Robert Miller, a Soldier in the Service of the Legislative
Province in their late Expedition against Cape Breton, praying courTlf °* *u^
for some further Allowance in Consideration of his left Arm being 357. Mass. ''
shot off by the Enemy, whereby he is disabled from supporting b^x^m.^il's.

himself. House Jour-

Read and nai,i)p.i3,i9.

Ordered that the Comm*^^ of War be directed to allow the Pef Laws, xiu., 465,
Eight pounds in consideration of his Sufferings herein mentioned. chap'^T^*'*
{Passed May 31.

CHAPTEE 9.

ORDER DIRECTING THE WAGES OF JOSEPH ADAMS, INDIAN, TO BE
PAID TO PATIENCE ADAMS.

A Petition of Samuel Knowles Esq' in behalf of Patience Adams Legislative
Relict Widow of Joseph Adams late of Harwich Indian, Dec'^ Pray- counc'if xvi«®
ing that he may be allowed to receive the Wages due to the said 358. Mass.
Joseph for his Service at Cape Breton to be by him paid to the said xxxi.^fli.
Patience. House Jour-

Read and nai. P- 22.

Ordered that the Treasurer be directed to Pay to Sam^ Knowles
Esq"" what Sum shall be found due to the said Joseph, to be applyed
by him for the Use and Comfort of the s*^ Patience the Widow.
[Passed June 2.

^ The fast was appointed for June 9, 1748, and was public.

Province Laws (Resolves, etc. ) . — 1748-49. [Chaps. 10-13.]

CHAPTER 10.

ORDER ALLOWING £10 TO PHINEHAS SMITH.

Legislative
Records of the
Council, xviii.,
359. Mass.
Archives,
Ixxiii., 156.

Mass.
Archives,
Ixxiii., 155.
House Jour-
nal, pp. 20, 24.

A Petition of Phinehas Smith of Haclley, shewing that he was
grievously wounded and maimed while in the Service of the Prov-
ince; And praying for some Consideration therefor as also for his
Loss of Time & Subsistence after his Dismission from the Service.

Read and

Ordered that the Pet^ be allowed to recieve out of the publick
Treasury the Sum of ten pounds in consideration of His Wound
and Sufferings within mentioned. [^Passed June 3.

Legislative
Records of the
Council, xviii.,
360.

House Jour-
nal, pp. 13, 27.

CHAPTER 11.

ORDER ALLOWING THE ACCOt OF THE TRUSTEES OF THE HASSANA-

MISCO INDIANS.

An Accompt presented by John Chandler Esq'' & Edward Baker
Esq"" Trustees for the Indians of Hassanamisco, Containing an Ac-
compt of Receipts & Disbursem*^^ for them, Ending the 19*^ of March
last.

Read &

Ordered that the within Accompt be allowed, & that the Ballance
thereof, being Twenty five Pounds Nineteen Shillings & three Pence
Old Tenor, the s*^ Trustees are further accountable for. \^Passed
June 3.

CHAPTER 12

ORDER ALLOWING £7. 10 TO HENRY DEATH & OTHERS.

Legislative
Records of the
Council, xviii.,
360. Mass.
Archives, cv.,
300.

House Jour-
nal, pp. 22, 24,

27.

A Petition of Henry Death, Caleb Leland, Jabez Stratton &
Joseph Crackbone, late Constables of Sherburn, Praying for the
Allowance of Seven pounds ten Shillings, being the Charge of
collecting the Province Tax assessed on the English Inhabitants
of Natick for the years, 1744 & 1745, w*^^ they did by Order of the
General Court.'

Read and

Ordered that the Pet" be allowed out of the Province Treasury
the Sum of Seven pounds ten Shillings And that said Sum be added
to Natick's Province Tax in the next Tax Bill. \^Passed June 3.

CHAPTER 13.

ORDER IMPOWERING JAMES THOMAS, INDIAN, TO SELL LAND.

naTp^ir^'"' -^ Petition of James Thomas of Tetticut, Indian, praying Lib-

Mass.' erty to sell a Piece of Land, to support himself, and his aged

xxxi.. 583. Parents.

* No such order has been found.

[1st Sess.] Province Laws (^Resolves, etc). — 1748-49. 147

Read and Archives

Ordered that the Pef have liberty with the Advice and Assistance xxxi., 582.
of the Guardians of the Tetticut Indians, to Sell so much of the nail^^ 25!"^
s^ land (not exceeding twenty five Acres) as is necessary for the pur-
poses herein mentioned. \^Passed June 3.

CHAPTER 14.

ORDER OF NOTICE ON THE PETITION OF JAMES CARR FOR A NEW
TRIAL OF AN ACTION.

A Petition of James Carr of Arundel, shewing that in January, Legislative
1746, he was Defend* in an Action of Trespass commenced against councif xviii^
him by Eliakim Bickford (now Dec*^) at the Inf Court in Boston, 362. Mass.
that in coming up to defend the said Action, he was Assaulted, m. ^^®^'^"'
grievously wounded & maimed by one Hart & others at Portsmouth MasT
(whom the Petitioner supposes to have been set to work by the said ^5*'^hou e^'"'
Bickford) & by means thereof Judgment went against him by De- Journal, p. 32.
fault, for £500 New Tenor, & Execution thereof levied on his real
Estate ; And therefore Praying that he may be admitted to a new
Trial of the said Action upon the Merits; & that some proper Per-
son may be obliged to Answer ; or that he may be otherwise releived.

Read and

Ordered that the Pef Serve the Heirs or Legal Representatives
of the within named Eliakim Bickford 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.

And that the Estate herein mentioned be and hereby is Ordered
to remain Unalienable in the mean time. \^Passed June 7.

CHAPTER 15.

ORDER ALLOWING £30 AND £10. 12. 6 TO SERGEANT JOHN HAWK AND
£12. 10 EACH TO MATTHEW CLESSON AND JOHN TAYLOR.

A Petition of Serjeant John Hawks, Setting forth his Losses Legislative
& Sufferings, by his being taken Prisoner when Fort Massachusetts counctf xvm*'
was taken & burnt, & carried into Captivity in Canada; as also his 363. Mass.
Services in a late Journey to Canada, where he redeemed two Eng- ix^m.^nb.
lish Captives & brought them home; Praying for some Allowance m^^^^^
from this Court in Consideration thereof, as also for Mathew Cles- A''°'?.*^^!,'„

jxxiii. 169.

son & John Taylor who went with him to Canada House JouJr-

Read and in Answer ^i\iT^^'

Ordered that the following allowances be made out of the pub-
lick Treasury Viz' To the within named John Hawks for his Ser-
vice in his Journey to Canada Tliirty pounds.

To the within named Matthew Clesson and John Taylor for their
Service Each Twelve pounds ten Shillings

To the within named John Hawks on ace' of his being Wounded,
Loosing his Gun, and diverse Implements provided for the Use of
the Garrison. Ten pounds twelve Shillings and Six pence. [Passed
June 7.

148

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 16-18.]

CHAPTEE 16.

ORDER OF NOTICE ON THE PET^ OF BEDFORD PROPRpss TO SELL
RIGHTS OF DELINQUENT GRANTEES.

Legislative
Records of the
Council, xviii.,
363. Mass.
Archives, cxv.,
363.

Mass.

Archives, cxv.,
361. House
Journal, p. 31.

A Petition of the Committee of the Proprietors of the Planta-
tion called Bedford in the Connty of Hampshire, shewing that the
said Proprietors are bound by Agreement to dispose of One fifth
Part of their respective Shares of Land, to such Persons as shall
settle on them, but divers of them have neglected to fulfill this
Agreement, which has retarded the Settlement of the said Planta-
tion, And therefore praying that the Proprietors may be impowered
to dispose of the delinquent Proprietors Land appointed to be dis-
posed of

Eead and

Ordered that the Pet" Notifye the Delinquent Prop''^ of Bedford
of this Pet° by Inserting the Substance thereof in the Boston Gaz-
ette three Weeks successively that so they may 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. \Pa88ed June 7.

CHAPTER 17.

ORDER ALLOWING A FIRELOCK TO DAVID WARREN.

Legislative
Records of the
Council, xviii.,
364. Mass.
Archives,
Ixxiii., 173.

House Jour-
nal, pp. 34, 35.

A Petition of David Warren of Marlboro, Shewing that he was
a Soldier at Fort Massachusetts when it was taken, & was carried
into Captivity to Canada, Where he suffered much Hardship, that he
lost his Gun & other things when he was taken. And therefore pray-
ing for some Allowance from this Court for his Losses & Sufferings

Read and

Ordered that the Pef be allowed a good fire Lock out of the Prov-
ince Stores in consideration of his Loss abovementioned. [Passed
June 8.

CHAPTER 18.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PET^ OF DAN^-
HUNT & EBEN« WHITAKER FOR A RETRIAL OF AN ACTION.

Legislative
Records of the
Council, xviii.,
364. Mass.
Archives, xlii.,
669.

Mass.

Archives, xlii.,
670, 671, 672.
House Jour-
nal, p. 34.

A Petition of Daniel Hunt & Ebenezer Whittaker of Rehoboth
complaining against the Proceedings in a Trial between the Peti-
tioners, & Simon Bur & Stephen Brayton at the Superiour Court
held in the County of Bristol in October last, the Jury to whom
the Cause was committed taking the utmost Liberty of conversing
with the other party before Verdict given ; And tlieref ore Praying
for a new Trial.

Read and

Ordered that the Pet" serve the Adverse Parties the s'' Simon
Bur and Stephen Brayton with a copy of this Pef that they shew
cause if any they have on the first fryday of the next Sitting of

[1st Sess.] Province Laws {Resolves, etc.). — 1748-49 149

this Court why the Prayer thereof should not be granted. And
Execution within mentioned is Stayed in the mean time.' \^Passed
June 8.

CHAPTEK 19.

ORDER ALLOWING £2 TO HENRY BLODGET.

A Petition of Henry Blodget of Suffield, shewing that while Legislative
he was a Soldier in the Pay of this Province & employed in build- councif xvur
ing a Fort at Colrain, he was wounded in the Foot by the Glance 366. Mass.
of his own Ax, by which his Life has been much endangered; & Lx^m.^ee.
he has endured great Pain, Praying for an Allowance from this Mass.
Court in Consideration thereof. ^'''^^^"'%% ^u-

_, -, -, Ixxiu., 166, 167.

Kead and House Jour-

Ordered that the Pef be allowed out of the publick Treasury two ^^^' ^'^'
pounds in full consideration for his Sufferings within Mentioned.
\^Passed June 8.^

CHAPTER 20.

VOTE desiring HIS EXCELLENCY TO GIVE ORDERS IN REGARD TO Legislative

THE SLOOP MASSACHUSETTS. Records of the

Council, xviii.,
366. Mass.

Voted that his Excellency be desird to give Orders that the Sloop 4^^^*297'

Massachusets immediately proceed with the Stores &c. she has on r — rr-r

board for the Service of the Eastern Frontiers & that upon delivery Refords'of the
of the same she proceed to Newport or Bristol in order to attend So^^House"'''
his Excellency to Albany. {Passed June 10. Journal,

J J i- p. 38 bis. Postt

p. 151, chap. 2.5.

CHAPTER 21

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF CAP'' JOHN WENDELL TO DETERMINE BOUNDARIES, AND
APPOINTING A NEW COMMITTEE WITH STAY OF PROCEEDINGS
THEREON.

A Petition of Cap* John Wendell of Boston, shewing that there Legislative
is now an Action between him & Robert Howard & others in the councif xvm^,
Superiour Court for the County of Plimouth upon which Suit the 32*^,366 House

— ^ •' ^ ^ - - Journal, p. 36.

Petitioners Title to a Tract of Land near the Colony Line will
much depend, And in as much as he apprehends the Land lies Archiyes,
within the County of Suffolk he has pleaded against the Jurisdic- i69^'^73'i76'i77.
tion of the Courts in the County of Plimouth to try his Title, And Maps and '

• • Plins Mis

for as much as there may be some Difficulty to prove to the Satis- xxxiii'., 12;"
faction of a Jury, that the Petitioners Lands ly on the North side Legislative
of the said Colony Line, Therefore Praying that this Court would Records of the
appoint a Committee to perambulate & mark out the said Colony sm^^housI ' ''
Line, & to veiw the Lands in Question & others under the same 22°"23°26.^^' ^^'
Circumstances, & determine on which Side of the said Line, they Proplnce

' At the hearing, October 31, Mass. Archives, xlii., 669, this petition was dismissed.
- This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 10.

150

Provence Laws (Hesolves, etc.). — 1748-49. [Chap. 22.]

Laws, X., 53,
chap. 116; 303,
chap. 37 ; 692,
chap. 319.

ly, & to which County the Jurisdiction thereof doth belong or
otherwise releive the Petitioner

The Committee to whom was refer'd the Consideration of the
Petition of Cpt. John Wendell, have performed that Service, &
find that upon the Petition of the Eepresent'"'*' of the Towns of
Hingham Weymouth, Brantrey & Dorchester, the Slip or Gore of
Land within refer'd to, was in or about the Year 1720, Resolved
by the General Court, to continue in the Jurisdiction of the County
of Suffolk with this Proviso, that no Man's Eight or Property in
the Land adjacent shall be thereby infringed ; And that in the Year
1723. the Great & General Court directed Col° Samuel Thaxter to
run & mark out the old Colony Line from Accord Pond to the Heap
of Stones and Stake standing or being near the Road that runs from
Brantrey to Bridgewater, & that the said Col" Thaxter did in the
Year, 1725, run said Line, & mark the same, & made Return thereof
to the Court, who Accepted the same: But whereas it is alledged
that many of said Marks are cut down & lost, the Committee are
therefore of Opinion, that a Committee be sent from this Court to
renew & mark said Line that so it may be the better known for the
future

Which is humbly Submitted; per Order

Joseph Wilder

In Council: Read &

Ordered that this Report be Accepted & that John Jones Esq""
with such as the hon^'^ House shall Join be a Committee to renew
& mark out the said Line accordingly, & that the said Committee
seasonably notify the Parties of the Time of their Coming, & make
Report to this Court as soon as may be. And that the Charge shall
be born as this Court shall order. And all Proceedings in the Exec-
utive Courts are stayed in the meantime.

[In the House of Representatives] Read and concur'd, and Col.
Nahum Ward, and Major Ephraim Ctirtiss, are joined in the
Affair.' [Passed June 10.

CHAPTER 22.

ORDER REVIVING ¥>= PET^

OF GEO: & ROBERT HEWES FOR A NEW
TRIAL.

Legislative
Records of the
Council, xvili.,
306, 367.

Legislative
Records of the
Council, xviii.,
130,317. House
Journal,
pp. 2-29, 247, 248
(March, 1747).
Province

A Memorial of George & Robert Hewes, Praying that in as
much as the Order pass'd on their former Petition for a new Trial
of an Action between them and Nathanael Cunningham, was not
consented to by the Governour, that this Court would now Con-
sider their Petition, & grant them a new Trial according to the
Prayer of the said Petition.

On the [foregoing] Petition of George & Robert Hewes & the
Order of both Houses pass'd thereon,^

' The additional members of the committee added in the House are omitted in the
Legislative Records of the Council record ; they are inserted from the House Journal.

^ The following was the order : — •

" Ordered that the said George & Robert be & they are hereby enabled to bring forward
Writts of Keveiw on Each of the Actions of Covenant against said Cunningham at the
Superiour Court to be held at Boston in & for the County of Suffolk in August next, they
causing said Writts of Reveiw to be served on Jacob Holyoke said Cunningham's Attor-
ney, on or before the last day of March Instant ; And that the Justices of the said Court
be & they hereby are impowered & directed to hear & try the said Actions, give Judgment
therein & award Execution thereupon accordingly." — Legislative Records of the Council,
xviii., 318.

[1st Sess.] Province Laws {Resolves, etc.). — 1748-49. 151

The above Order having pass'd both Houses the last Session of ^*J^%^5""'^^^'
the Court, & not having been laid before his Excellencv for his Post', y. in.
Consent, «^^p-^^-

Ordered that the said Order be revived in all & every particular
thereof, saving only that the Time for the Petitioners serving their
Writts of Keveiw on Jacob Holyoke Attorney &c. be continued to
the last day of this Instant June.' [Passed June 10.

CHAPTER 23.

ORDER DIRECTING THE PREPARATION OF THE SLOOP MASSACHUSETTS Legislative

FOR THE ACCOMMODATION OF THE GOVERNOR. Records of the

Council, xvlu.,
368. Mass.

Ordered that the Commissary General do forthwith cause the ^^y'^^Igs'

Sloop Massachusetts to be unladen & the Stores now on board her -^ — -^—x

to be reshipd on some suitable Vessel or Vessels, that may be bound Records of the
Eastward for the Service of the Forts & Garrisons & other Forces ses^^House"''
on the Frontiers and that he cause said Sloop Massachusets to be ^*'„^°*^']5u'^^'
fitted as soon as may be for the accommodation of his Excellency chap'. 26.
in his passage to New York & Albany. [Passed June 11.

CHAPTER 24.

ORDER ALLOWING £41. 4. 1 TO JOHN FROST.

An Accompt presented by John Frost ^ of billeting several Officers Legislative
& Parties of Men sent out on the Western Frontiers, Amounting in councff xim^
the whole to the Sum of £41. 5. 1. 368.

Read & House Jour.

Ordered that this Accompt be allowed, & that the Sum of Forty ^* • p-
one Pounds five Shillings & one penny, be allowed & paid out of
the publick Treasury to Eleazar Porter Esq'' for the Use of the Ac-
comptauts accordingly. [Passed June 11.

CHAPTER 25.

VOTE ELECTING COMMISS^^ FOR Y^ CONGRESS WITH Y^ SIX NATIONS

AT ALBANY.

This Day being appointed for the Election of Commissioners Legislative
from this Court, to appear on their behalf, at the Interveiw to be councn^ ^vml',
had at Albany on the tenth of July next, between his Excellency 370.
George Clinton Esq'' Governour of the Province of New York, & Legislative
his Excellency William Shirley Esq'' Governour of this Province & councn.xvin!',
the six Nations. The following Persons were duly elected by jo"uriiai"p!44.

the Major Vote of the Council & House of Represent""^^ viz* John sitpra, chap.
Stoddard, Andrew Oliver & Thomas Hutchinson Esq''\ [Passed '
June 14.

* Not found in the House Journal.

^ The House Journal, p. 36, reads, " Trask."

152

Province Laws (^Resolves, etc.) . — 1748-49. [Chaps. '2i6, 27.]

CHAPTEK 26

ORDER ESTABLISHING THE NUMBER OF OFFICERS IN A COMPANY ON
THE FRONTIERS AND THE WAGES THEREOF.

Legislative
Records of tlie
Council, xviii.,
371. Mass.
Archives,
Ixxiii., 175.

House Jour-
nal, p. 46.

Whereas by the Establishment of wages for the Forces on the
Frontier a Captains Wages is determin'd to be at the Eate of four
pounds I? month, a Lieutenants Three Pounds & nine pence, a
Clerk t& Serjeant Two pounds twelve shillings & nine Pence & a
Corporals at Two pounds twelve shillings & three pence, but no
directions given what Number of men in a Company shall entitle
the Commander thereof to Captains pay nor what Number of infe-
riour Officers shall be allowed Wages in such Companys, therefore.

Ordered, That in every Company of Fifty men the captain or
Chief Officer shall be allowed Captains wages, that in every Com-
pany or Scouting party less than Fifty & not less than Fifteen men,
the Chief Officer shall be allowed Lieutenants Wages and no more.

And to every Company of Fifty Men there shall be allowed Wages
to a Captain, a Lieutenant & Clerk, three Serjeants & three Corpo-
rals, & to every Company less than Fifty & not less than Thirty
three men there shall be allowed Wages to one Commanding Offi-
cer, a Clerk, two Serjeants & two Corporals, and to every Company
or Party less than thirty three men & not less than Fifteen men
there shall be allowed Wages to one Commanding Officer, one Ser-
jeant & one Corporal

Provided that nothing in this Vote shall be understood to Alter
or Affect the Wages Established for the Officers & Soldiers in the
several Forts & Garrisons on the Frontiers.

Provided also that where any greater number of non Commis-
sion Officers than is allowed by this Vote have been in Service this
present Year the wages of each Officer shall be Eeduced in Propor-
tion so as to make the whole sum equal to the Wages of the whole
Number of such Officers allowed by this Vote. \_Passed June 15.

CHAPTER 27.

VOTES FOR STATIONING AND EQUIPPING TROOPS FOR SUPPLYING DEFI-
CIENCIES AT DIVERS LOCATIONS ON Y"^ FRONTIERS.

Legislative
Records of the
Council, xviii.,
371. Mass.
Archives,
Ixxiii., 174.

House Jour-
nal, p. 44.
Ante, p. 108,
chap. 273.

Voted that inasmuch as Eleven of the Men ordered to be inlisted
within this province, for the Western Frontiers & fifty one men pro-
posed to be sent from Connecticutt to Northfield New Hampton &
Blanford, have not yet been rais'd, agreeable to the Vote of this
Court

Therefore that his Excellency be desired to cause such difficiency
to be supplyed by an Enlistment or an Impress of Sixty two men
in their Eoom, Provided that no Subsistence be allowed to any
greater number of men than are already sent from Connecticutt
altho they should make up the deficiency hereafter. Also

Voted that a Chaplain & Surgeon be allowed to each of the Forts
massachusetts and Number four, Also

Voted that the arms of the Soldiers in the Western Frontiers be
mended by some Skillful Gunsmiths in that neighbourhood at the
Charge of the Government.

[1st Sess.] Province Laws (^Resolves, etc.). — 1748-49. 153

Voted also that twelve men be allowed not exceeding three Weeks
to Guard the Inhabitants of Hatfield whilst they are getting in their
Hay upon Mill Eiver.

Voted also that there be allowed seven of the Inhabitants of nich-
awog to Scout in that neighbourhood & Five of Narragansett N'^ 2,
Three of New Rutland, Three of Leominster
Also

Voted that in case the Two hundred men proposed to be raisd by
Enlistment for the Eastern Frontier or in case any of the Inhabi-
tants to whom pay & Subsistence is allowed have not yet inlisted,
that his Excellency be desired to cause the defficient Numbers to be
raised by Impress so as that the whole Number of Men designed for
the defence of that Frontier may be compleated. [^Passed June 15.

CHAPTER 28.

VOTE ALLOWING £1,500 TO THE COMMITTEE FOR REBUILDING THE Legislative

COURT HOUSE. Records of the

Council, xviii.,
372. Mass.

Voted that the Committee app**^*^ to take care of the rebuilding xHx^*!!!'
the Court House be allowed to recieve out of the publick Treasury hq s ' j ur- —
the Sum of fifteen hundred pounds to Enable them to Proceed in nai, p. 201 (Feb-
that Affair. The said Committee to be accountable. {^Passed pp^ 45', le*""* '

Jtme 15. ^nte, p. 110,

chap. 276.

CHAPTER 29.

ORDER IMPOWERING AARON HITCHCOCK AND OTHERS TO SELL REAL

ESTATE.

On the Petition of Aaron Hitchcock, \ante, p. 126, chap. 3191 Legislative

Tj 1 ^) ' L ' r 5 r J Records of the

Keaa a. Council, xviil.,

Ordered that the prayer of the Petition be granted, And that the Archiv^eY^'
Petitioner Aaron Hitchcock with any Two of the Exec'" Named in xviii., 33o'.
the Last Will of Jacob Hitchcock be and hereby are Impowered to Mass.
make Sale of the House and Land Within mentioned And to make K\m]^mi.
and pass a good Deed or Deeds for the Same; Provided that in ^""p*^ 45°^^'
Such Sale the Rules and Directions of the Law respecting the Sale Province'
of Houseing & Lands by Exect" or Adm" be duely observed, And ^ifa^^oV'^w^e,
SuflBcient Bond given to the Judge of Probate for the County of 1{^J^' *^'^*'P'
Hampshire to be Accountable for the Yearly profits of the produce
of Said Sale, and to pay to the Said Minors when they Shall arrive
at age the whole produce thereof in Such manner and proportion
as in & by the Said Will is Directed. {^Passed June 15.

154

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 30, 31.]

CHAPTER 30.

ORDER ALLOWING £81 TO BENJ^^ GORHAM.

Legislative
Records of the
Council, xviii.,
372.

Legislative
Records of the
Council, xviii.,
195. House
Journal, p. 42.

A Petition of Benjamin Gorham of Barnstable, shewing that
upon his Petition to the General Court in August last, setting
forth that he sent by Stephen Hall Eighty one Pounds in Bills
of Credit on this Province of the old Tenor, to bring to Boston,
that the said Hall coming in a Sloop was struck over board by the
Boom, with the said Money in his Pocket, & his Bed, & the Money
never found, the Court were pleased to allow him that Sum out of
the publick Treasury, but the Order therefor was destroyed in the
Burning of the Court House; Therefore Praying for a Kevival of
it. Read &

Ordered that the Order within mentioned be revived & that the
Petitioner be allowed to receive out of the publick Treasury the
Sum of Eighty one Pounds Bills of the old Tenor, or other Bills
equivalent thereto in lieu of the Bills mentioned in the Petition in
the Petitioned,' The Petitioner giving Caution to the Treasurer,
that if the said Bills be found to refund the same into the Treas-
ury. [^Passed June 15.

CHAPTER 31

ORDER IMPOWERING THE COLLECTION OF TAXES IN THE 2'' PRECINCT

IN PLIMOUTH.

Legislative
Records of the
Council, xviii.,
372. Mass.
Archives, cv.,
302.

Mass.

Archives, cv.,
301. House
Journal, pp. 15,
35.

A Petition of Benjamin Rider Agent for the second Precinct
in the Town of Plimouth, shewing that in the Year 1745, 1746 &
1747, they chose Collectors to gather in the Assessm*^^ on the said
Precinct, but the Collectors neglecting to be sworn to their Offices
has much impeded the bringing in the said Assessm*^ Praying for
Releif from this Court.

Read and

Ordered that Ezekiel Rider the Collector for the Second Precinct
in Plymouth in 1745 be Impowered and directed to finish Collect-
ing the Tax Committed to him for that Year. And that John May
Jun"" be impowered and directed to finish Collecting the Tax Com-
mitted to him for the Year 1746. And that the present Collector for
the Year 1748 be impowered and directed to Collect the Tax made
in that Precinct in the Year 1747. They first taking their Oaths for
the faithful discharge of their trusts respectively. Also

Voted that the said Collectors Compleat their several Collections
within Six months from this time. \^Passed June 15.

* The words "in the petitioned" do not occur in the State Library copy, Legislative
Records of the Council, xviii., 360.

[1st Sess.] Province Laws {Resolves, etc.). — 1748-49. 155

CHAPTER 32.

VOTE DIRECTING Y^ COMMISSARY'S TO SEND SMALL ARMS TO THE
EASTERN FRONTIERS.

Whereas it sometimes happens that the Arms of the Soldiers Legislative
on the Frontiers during their being in the service are rendred In- councif xvin*
sufficient. Therefore 373. Mass.

Ordered that the Commissary General be directed to Send a suit- ixxiii^TT.
able number of Province Arms to the Sub Commissaries in the sev- House Jour-
eral parts of the Eastern Frontier, that so when any Soldiers Arms '^^^' p- *^-
shall be rendred insufficient as aforesaid, His Commanding Officer
may Supply him with the same out of the abovementioned Province
Arms.

And that the said Commanding Officer take effectual care that
the said arms be again returned into the Store out of which the
same was taken

And if any Soldier recieving Province arms doth not return them
to the Officer from whom He recieved such Arms: Such Officer be
directed to Charge such Arms to Such Soldier in His Muster roll;
to be deducted out of such soldiers Wages: the value of such Arms
to be Ascertain'd by the Commissary General. [Passed June 16.

CHAPTER 33.

ORDER APPOINTING A COMMITTEE ON THE PET^ OF CPT. DAN^- HOWARD
IN REGARD TO A BOUNDARY LINE.

A Petition of Cap* Daniel Howard of Bridgewater, praying that Legislative
the Committee appointed on the Petition of Cap' John Wendell, to councif, xvm^,
renew & mark out the Line between the Old Colony of Plimouth ^rcM^es^^'
& the Massachusetts, as run by Col° Thaxter in 1725, may also be ixxxvii.,'i7-2.
directed by this Court to perambulate the Line run by said Thaxter Mass.
in the Year 1713, without which he apprehends equal Justice can't xivi!)^o5^207;
be done between him & said Wendell. nf ^'-5*"' t'^^

Read together with the Answer of Capt" John Wendell, & isiativeRec-"

Ordered that the Prayer of the PetitioTi be so far granted. That comicii^xviii.,
the Comm''^ appointed on the Petition of Capt" John Wendell to 375. House
Renew & mark out the Line mentioned in said Wendell's Petition pp. 38^6.
be & hereby are impowered & directed to run the Line within men- Laws"ix. 287
tioned, & report thereon when they report on said Wendell's Peti- chap. 8; x., 692,
tion. Provided the Charge of running this Line be born by the ^n<e,' p. 149,
Petitioner. [Passed June 16.' ch^v-'ii-

CHAPTER 34.

VOTE ON Y^ PART OF HIS EXCY'S SPEECH IN REGARD TO INDIAN
PRISONERS IN CANADA BELONG"- TO SIX NATIONS.

The House taking into consideration that part of His Excel- Rlford^Jnhe
lency's Mess* of the 16*'' Curr' relating to the Indians of the Six council, xviii.,
Nations now Prisoners in Canada. Archives?"

XX xi. 590.

* This date is according to Mass. Archives ; according to Legislative Records of the '— '- '-

Council the date is June 17.

156

Province Laws {Resolves, etc.) . — 1748-49. [Chaps. 35-37.]

Recordfof the Voted that His Excellency be desir'd (in Conjunction with the
Council, xviii., other Govermsnts) to Proceed in that affair as soon as may be,
Journal, pp.^T! this Goverment being ready to pay their Just proportion of Any
^- Charge that may attend the Same. \^Passecl June 17.^

CHAPTEE 35.

VOTE APPOINTING A COMtee pOR SELLING BRIGT BOSTON PACQUET ALSO
CLOTHING AND STORES FROM THE CAPE BRETON EXPIDITION.

Legislative
Records of the
Council, xviii.,
374.

Mass.
Archives,
Ixiv., 299.
Legislative
Records of the
Council, xviii.,
199, 2.i3, 259.
House Jour-
nal, pp. 38, 49,
51. Ante,
p. 79, chap. 194.

In the House of Eepresent^'^^

Voted that M' Hubbard and M' Hall with such as the hon"'" Board
shall Join, be a Committee to make Sale of the Brigantine Boston
Pacquet & her Appurtenances for the most they will sell for; And
that they be directed to make Sale of the Cloathing & other Stores
(the warlike Stores excepted) that remain unsold, that were pur-
chased for the late Expedition against Cape Breton, & lodge the
Produce thereof in the Province Treasury.

In Council, Eead & Concur'd & Ezekiel Cheever Esq"^ is joined
in the Affair. \^Passed June 17.

CHAPTEE 36.

ORDER ESTABLISHING WAGES OF SOLDIERS AT CASTLE WILLIAM.

Legislative
Records of the
Council, xviii.,
375. Mass.
Archives,
Ixxiii., 183.

Refords'of the Ordered that the Establishment of the Wages of the Soldiers at
co^undi^xviii., His Majesty's Castle William from the 20* of November 1747 to
Journal, pp. 47, the 20*'' of November 1748 be at the rate of thirty Shillings per
Law8,TiL,'37o, Mouth. And the Officers in Proportion. {Passed June 17.

chap. 9.

CHAPTEE 37.

ORDER ALLOWING TO SETH POMROY HIS VICTUALLING ACCOUNT.

Legislative
Records of the
Council, xviii.,
375. Mass.
Archives.
Ixxiii., 153.

Mass.
Archives,
Ixxiii., 1.52.
House Jour-
nal, pp. 42,
49 bis.

A Memorial of Major Seth Pomroy, praying that the Accompt,
(therewith exhibited) of the Charge of victualling the Company
under his Command, raised for the Canada Expedition, may be
paid out of the publick Treasury.

Eead and

Ordered that this Ace* be allowed and that the Treasurer be
directed to pay to the Commissary Gen' the Sum of three hun-
dred and Six pounds fourteen Shillings and Eleven pence Old ten^
to be by him repay'd to Maj'' Seth Pomroy in consideration thereof.
\^Passed June 17.

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 23-

[1st Sess.] Province Laavs {Resolves, etc.). — 1748-49. 157

CHAPTER 38.

ORDER IMPOWERING CP^ THO^ HENDERSON TO MAKE UP HIS MUSTER Legislative

ROLL. Records of the

Council, xviii.,
375 Mass

A Petition of Cap' Thomas Henderson, shewing that by reason Archives, '
of the Severity of the Winter, his Excellency's Order for discharg- ^^'"''^'^' —
ing his Company, did not reach him till the 28^*^ of March last. And Archives,
therefore praying that he may be allowed, to make np his Muster V^'^^-";' i^^-

Roll to that Time Records of the

T?Qo/1 mirl Council, xviii.,

Xieaa ailU. 223,366. House

Ordered that the Pef be allowed to make up his Muster roll to Journal, pp. 37,
the 28"" of March last. \^Passed June 17.

CHAPTER 39.

ORDER ALLOWING THE BILLETING ACCOUNT OF MAJ« SETH POMROY
AND VOTE FOR A FURTHER SUM OF £2. 9. 8.

An Accompt of billeting Soldiers raised for the Expedition against Legislative

o ± o Records of the

Canada, under the Command of Major Seth Pomroy, from March, council, xvm.,
1, 1746, to Octo^ 26. 1747, Amounting in the whole to 1089 Weeks ^J^

& two days Billeting Eead & House Jour.

Ordered that there be allowed out of the Treasury, One thousand supra, chap.
& eighty nine Weeks & two days billeting at twenty five Shillings ''
Old Tenor ^ Week to the within named Seth Pomroy, & that he
pay the same to the several Persons named in tliis Accompt; Also

Voted that the Sum of two pounds nine shillings & eight pence,
be paid the s*^ Pomroy to discharge the Accompt signed Joseph
Lyman. [Passed June 17.

CHAPTER 40.

ORDER ALLOWING THE BILLETTING ACCO^ OF CPT W^ BRINTNAL.

An Accompt of billeting Soldiers raised for the Expedition against Legislative
Canada under the Command of Cpt. William Brintnal. Read & councif, xvfu^

Ordered that forty Weeks & two days Billeting at the rate of ^2^

Twenty five Shillings Old Tenor ^ week, be allowed out of the ^j^^j^^® fg""'""
Treasury to Major Seth Pomroy for the Use of the Accomptants. £Mpm,chap
[Passed June 17.

39.

CHAPTER 41. SSthe

Council, xviii.,
VOTE SUBSTITUTING JOHN CHOATE, ESQ", FOR JOHN STODDARD, ESQ«, Archiv'^^^^"
AS COMMISSION^ TO ALBANY. xxxi.,59().

. . Legislative

This day being appointed for the Choice of a Person to attend Records of the
as a Commissioner from this Province at the Interview with the Six 37*i"374. ' House
Nations at Albany, in the Room of John Stoddard Esq"" who is dis- "Ant^e^n'f^i^'
abled by Sickness, John Choate Esq' was chosen by the major Vote chap'. 25.
of the Council & House of Representatives. [Passed June 17.

158

Province Laws {Resolves^ etc.). — 1748-49. [Chaps. 42-44.]

CHAPTER 42.

ORDER IN REGARD TO CALLING A PARISH MEETING AT NATICK.

Legislative
Records of the
Council, xviii.,
378. Mass.
Archives, xii.,
483.

Mass.

Archives, xii.,
482, 484, 485.
House Jour-
nal, p. 50.
Ante, p. 120,
chap. 804.

A Petition of David Morse & others Inhabitants of Natick, Com-
plaining against the Counstables of the said Parish for their unfair
& unwarrantable Proceedings in warning a Meeting, called there by
Order of this Court, & praying that all the Inhabitants of said Parish
qualified by Law, may be notified of said Meeting, & some proper
Person be appointed by this Court to regulate it,

Eead &

Ordered that the Constables of Natick give due Notice to all the
Freeholders & Inhabitants in said Parish by Law qualified to vote in
Parish Affairs (who have not already been notified) to meet at Time,
Place & for the Purposes mentioned in the Warrant already issued
for calling the Parish Meeting in said Petition mentioned. And that
the Qualification of Voters in said Meeting be judged of & deter-
mined by the List & Valuation of Estates & Faculties of Persons
residing there, lately taken by Order of this Court. [Passed June 17. '

CHAPTER 43.

ORDER DIRECTING THE PROVINCE TREASURER TO PAY JAMES TYLER
HIS WAGES, AND VOTE DIRECTING THE COMMISSARY GENERAL TO
PAY HIM HIS BACK ALLOWANCE.

Legislative
Records of the
Council, xviii.,
375. Mass.
Archives,
Ixxiii., 91.

Mass.
Archives,
Ixxiii., 92.
House Jour-
nal, pp. 51, 52.

A Petition of James Tyler of Scarbor6, praying that he may
be allowed the "Wages & Subsistence, due to him for his Service as
a Soldier in the Eastern parts, in the Company of Cap' Dominicus
Jordan from the 22'^ of June to the 11"' of October, 1746, which
was by Mistake left out of the Muster Eolls.

Eead and

Ordered that the Treasurer be directed to Pay the Pef the Usual
Wages from June 22*^ 1746 to the 11*^ of October then next follow-
ing. Also

Voted that the Commissary Gen^ be directed to pay s*^ Pef His
back allowance for that time. [Passed June 18.^

CHAPTER 44.

Legislative
Records of the
Council, xviii.,
377. Mass.
Archives,
Ixxiii., 184.

House Jour-
nal, p. 52.

ORDER ALLOWING SERVICES OF A SURGEON ON THE EASTERN FRON-
TIER.

Ordered that a Surgeon be allowed for the Service of the Soldiers
on the Eastern Frontier in the Pay of the Goverment To be Station'd
at George Town on Kennebec River. [Passed June 18.

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is June 18.

* This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 17.

[1st Sess.] Province Laws (Besolves, etc.). — 1748-49. 159

CHAPTER 45.

ORDER DIRECTING DELIVERY OF 100 OUNCES OF SILVER TO THE COM- Legislative

MISS«s FOR ALBANY FOR V EXPENCES. Records of the

Council, xviii.,
377. Mass.

Ordered that the Treasurer be directed to deliver to the Com- xxx^^lli
missioners App''^'^ to repair to Albany &c One hundred Ounces of - — —z — ^—
Silver for their expences whilst in the Goverment of New York nai, p.,^-2.
The &^ Commissioners to be accountable. [Passed June 18. chap'.25;^p!'i57,

chap. 4L

CHAPTER 46.

ORDER ACCEPTING THE REPORT OF THE COMMt^e qN THE PETITION
OF BELLINGHAM, MEDWAY &c. TO BE ERECTED INTO A SEPARATE
PRECINCT AND APPOINTING A COMMITTEE THEREON.

A Petition of Nathanael Whiting, Benjamin Rockwood, Jona- Legislative
than Metcalf & John Metcalf a Committee for divers Inhabitants ^^Xif, xvi^u^,
of the Towns of Medway, Holliston, Bellingham & Wrentham, Set- 307, .377.' Mass.
ting forth the great Inconveniences they are under for Attending 273? *^*^®'^^'^''
the publick Worship in the Places where they belong & praying that Legislative
they may be erected into a separate Precinct. c^S^cif xim^

The Committee on the Petition of divers Inhabitants of Belling- 354, .375. ' House
ham, Medway &c. having heard the Parties, & observing that they •^0^''°^ > pp- 12,
have very contrary Apprehensions & give different Accounts of their
Circumstances, are of Opinion, That [a] Committee of three be ap-
pointed to veiw the Premisses, in the Recess of the Court, & report
at the Fall Session, what they think proper for the Court to do
thereon, & that the Charge be paid as this Court shall order.

In Council; Read & Accepted &

Voted that John Quincy Esq"' with such as the Hon^'® House of
Represent''''^ shall join be a Committee for the Purposes in the Re-
port mentioned.

In the House of Rep"^^

Read and Concurd and M"" Hall and Cap* Spurr are Joyned in the
affair. [Passed June 18.

CHAPTER 47.

VOTE ON MEM" OF JN" OSBORNE ESQ« IN REGARD TO LOSS OF PAPERS
SHOWING DELIVERY OF BREAD FOR THE EXPEDITION AGAINST
CANADA.

A Memorial of John Osborne Esq"" in behalf of the Committee Legislative
of War, shewing that Mess" Gerrish & Barrell purchased of the said councif, xlnr,
Committee a considerable Quantity of Bread laid in for the Expedi- 378^^m£s8.
tion against Canada, & upon their Demanding of them the Sums ixxiii., I62.
due thereupon, they refuse Payment, & by Loss of the Committee's Mass.
Papers in the burning of the Court House, they are not able to ^^xm.riei.
make a full & legal Proof of the Delivery of the said Bread, There- House Jour-^
fore praying for the Order of the Court thereon. province '" ""

160

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 48, 49.]

Laws, xiii., 596,
chap. 8.

The House took the above representation into Consideration and

Voted That the said Committee of War have power to call Mess"

Gerrish and Barrell to Account for the Money due from them Avith-

out the further Aid of this Court And they are directed to call the

s^ Gerrish and Barrell to account accordingly. [^Passed June 18.

CHAPTEK 48.

Legislative

Records of ttie

Council, xviil.,

380. Mass.

Archives, ORDER CONTINUING THE ESTABLISHM^ OF THE MASS^ FRIGATE.

Ixiv., 304.

na*i"p!56?"'^' Ordered that the Establishment of the Massachusetts Frigate

^«^«.p-i2". which Expires the first of August next, be further continued till
^^^' ' the first of September next. [^Passed June 22.

CHAPTER 49

ORDER REFERRING Y^ PET^ OF RICH'' SALTONSTALL, ESQ«, &c.
HAVERHILL IN REGARD TO A TOWN MEETING.

Legislative
Records of the
Council, xviii.,
358. Mass.
Archives, cxv.,
335.

Mass.

Archives, cxv.,
288-310, 330.
Legislative
Records of the
Council, xviii.,
374. House
Journal, pp.23,
48, 59. Ante,
p. 115i chap.
289.

A Petition of Eichard Saltonstall Esq'' k a Number of others
Inhabitants of the Town of Haverhill, complaining of the irregular
& illegal Proceedings of a Meeting of the Inhabitants of the said
Town for the Choice of Ofiicers, appointed by this Court, & more
particularly of the violent Actings of the Moderator & of the Select
men for the last Year, wlio were appointed by this Court to call the
said Meeting ; And praying that the said Meeting, & all Transactions
therein may be set aside & another Meeting called to be conducted
by a disinterested Moderator.

Read and

Ordered that Maj' Gushing M"" Allen and Cap' Hobson with such
as the Hon*^'^ Board shall appoint be a Committee to hear the Parties
Who are now in Town Consider this Pet° and report what they Judge
proper for this Court to do thereon

In Council Read and Concurr'd and John Quincy and John Otis
Esq''" are join'd in the affair

The Comittee appointed to Consider this Petition hear the Parties
&c finding that the Adverse Party cannot Attend at this time by rea-
son of Sickness, are of opinion that the Consideration of the Peti-
tion be referred to the Second Wednesday of the next Sitting of this
Court.

^ order of the Comittee J Quincy

In Council Read and Accepted and

Ordered that the Consideration of this Petition be referred accord-
ingly.

In the House of Rep.

Read & concurrd. \^Passed June 23.^

* This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 16.

[1st Sess.] Province Laws {Hesolves, etc.). — 1748-49. 1(31

CHAPTEK 50.

ORDER ALLOWING £125 FOR STORES FOR THE JOURNEY OF THE GOV- LegiBlatlve

ERNOR TO ALBANY. Records of the

Council, xviu.,
381. Mass.

Ordered that the Sum of One hundred & Twenty five pounds xxS*^593
be granted & allow'd to be paid out of the publick Treasury to ^ — "—r — —

i.in • n 1 ■ 1 4. 111-.L i"^o House Jour-

the Commissary (jeneral m order to enable him to purchase & nai, p. 59._
provide the necessary Stores for his Excellencys accommodation chap. &.^''^'
in his Journy & Voyage to Albany. [Passed June 23.

CHAPTER 51.

ORDER IMPOWERING THE COMMITTEE OF WAR TO PAY THE EXPENSES
OF THE CAPE BRETON EXPEDITION OUT OF THE APPROPRIATION
FOR THE CANADA EXPEDITION.

A Memorial of John Osborne Esq'' in behalf of the Committee Legislative
of War shewing, that they expect Demands will be made upon coundf, xvul,
them, respecting the late Expedition against Cape Breton, & have 382. Mass.
Nothing in their hands to satisfy them, proposing by the Leave of ixxiii., 186.
the Court, to make Use of such Money as may be raised out of the Mass.
Stores laid in for the Expedition against Canada. j^^m^m

Read & House'jour-

Orderd that the Committee of War have liberty to jiay out of the produce'
monys raisd for y*^" Canada Expedition what Sums are necessary for ^ifaT/'f'"'"'*^^'
the Cape Breton Expedition until the next sitting of the Court an
Account of such payments then to be laid before the Court. [Passed
Jmie 23.

CHAPTER 52. Kr^the

Couucil, xvlii.,
383. Mass.
ORDER FOR JOHN CHOATE ESQ" TO PAY £30 INTO Y^ TREASURY. Archives, cii.,

386.

Whereas the Sum of Fifty pounds has been paid out of the ^^^^:

Archives,

Treasury to John Choate Esq to provide for a designd Voyage to cxxiv., ^e'
Quebec as Commissioner for the Exchange of Captives na°"p!57*"^"

Order d That the s*^ John Choate Esq pay into the province Treas- jf gi'^'^^^g'
ury the Sum of Thirty pounds & that thereupon he be dischargd of p. 26, chap. 53.
the whole of the aforesaid Sum of Fifty pounds. [Passed June 24.

CHAPTER 53.

VOTE APPOINTING A COMT"''- TO CHOOSE FARMERS OF V EXCISE IN
Y*- SEV- COUNTIES.

Voted

That James Allen & Adam Cushins: Esqr with such as the Hon* Legislative

. ~ ^ . Kccorcls of ttiG

Board shall join be & hereby are appointed a Committee to let to Council, xviii.,
Farm the Excise in the County of Suffolk pursuant to an Act for ^cw^lg®'
granting an Excise &c. as passd this Court in the present Session cxix., 402'.

162

Province Laws {Resolves, etc.). — 1748-49. [Chap. 54.]

House Jour-
nal, pp. 24, 32,
61. Province
Laws, iii.,411,
chap. 4; 448,
note.

That Thomas Rowell & James Collins ' Esqr with such as the Hon^
Board shall join be a Committee for the jjurposes aforesaid in the
County of Essex

Andrew Boardman Esq & M'' James Russel ^\^^ such as the Hon*^
Board shall join in the County of Middlesex John Worthington Esqr
& M'" Phineas Lyman with such as the Hon'' Board shall Joyn in the
County of Hampshire

Nahum Ward Esqr & Cap* Will"' Richardson with such as the
hon*' Board shall Joyn in the County [of] Worster

Isaac Little Esqr & Thomas Foster Esqr with such as the hon'^
Board shall Joyn in the County of Pliniouth

James Otis Joseph Thatcher Esqrs with such as the hon^ Board
shall Joyn in the County of Barnstable

Capt° Samuel Tyler & James AVilliams Esqr with such as the hon"^
Board shall Joyn in the County of Bristol

John Storer simon Frost Esqrs with such as the hon'' Board shall
Joyn in the County of York

M' John sumner & M"' John Norton with such as the hon"^ Board
shall joyn in Dukes County

M"" Abijah Folger & M' Josiah Coffins with such as the hon'* Board
shall joyn in the County of Nantucket

Read & Concur'd & Jacob Wendell Esq'' is joined to the s'^ Comm''®
to let to Farm the Excise in the County of Suffolk Tho^ Berry

Esq. in the County of Essex Ezekiel Cheever Esq' in the County
of Middlesex Joseph Pynchon Esq' in the County of Hamp-

shire John Chandler Esq" in the County of Worcester John
Gushing Esq' in the County of Plimouth John Otis Esq' in the

County of Barnstable Geo: Leonard Esq' in the County of Bris-
tol Jeremiah Moulton Esq' in the County of York Zacheus
Mayhew Esq' in Dukes County John Bunker Esq' in the County
of Nantucket. {^Passed June 24.

CHAPTEE 54.

Legislative
Records of the
Council, xviii.,
384. Mass.
Arcliives,
xlix., 232.

House .Jour-
nal, p. 62.

ORDER REFERRING ALL UNFINISHED MATTERS.

Orderd that all matters, & things which have been before the
Court for consideration during their present Sitting, & have not
yet been finally determined on be referrd to the next Sitting of
this Court for further consideration. \^Passed June 24.

' The House Journal, p. 61, reads, "That CoL Hale and Mr. Rowell."

12d Sess.] Province Laws {Besolves, etc.). — 1748-49. 103

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Twenty-sixth Day of October, A.D. 1748.

CHAPTEK 55. Ka"o7tbe

Council, xviii.,
387 IVIrss
VOTE DESIRING Y'' GOV & COUNCIL TO APPOINT A THANKSGIVING. Archives, xii.,

521.

Voted that His Excellency be desired with the Advice of His Maj- ^ouse Jour-
esty's Council to appoint a Day of publick Thanksgiving to Almighty Love's Fast
God, in consideration of the many favours recieved in the course of gi'vi^'^Days of
the Year past ; and that all Servile Labour be forbidden on said Day/ New England,
[Passed * October 28. ^" "'

CHAPTER 5Q.

ORDER ADJOURNING Y^ COURTS IN HAMPSHIRE COUNTY.

Whereas the time by Law established for holding the next Court Legislative
of General Sessions of the Peace & Liferiour court of Common pleas councif, xviu^,
for the county of Hampshire is the second Tuesday of November next Arciii'ves^^iii
at Northampton at which time it is probable this Court may be sit- 744.
ting, & the attendance of two of the Justices of said Inferiour Court; House Jour-
& sundry of the Justices of said General Sessions of the Peace will Provin'ce
be expected at this Court. Law8,m.,64,

Therefore

Ordered That the said Court of General Sessions of the Peace &
Inferiour Court of Common pleas be Adjourned to the first Tuesday
of December next then to be holden at said Northampton and that
all matters Processes or actions whatsoever that should have had Day
or Days in said Courts on the second Tuesday of November aforesaid,
shall have Day or Days in said Courts on said first Tuesday of Decem-
ber and be then heard & Determined. Also that the Sheriff of
the County of Hampshire be directed to post up Copys of this Order
in the Shire Town in said County & in the Town wliere said Court
is to be holden, and that the same be Transmitted to him as soon
as may be for that Purpose. [Passed October 29.

* The Thanksgiving day was appointed for November 24, 1748, and was public. ,

164.

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 57-60.]

CHAPTEK 57.

ORDER ALLOWING THE ACCOMPT OF THE TREASURER OF SUFFOLK Qo.

Ketfords^of the ""^^ AccoMPT presented by Edward Winslow Esq'' Treasurer of
Council, xviii., the Coiiiity of Suffolk for the Year 1747, having been laid before
^^' the Court of General Sessions of the Peace for said County & there

allowed. Read &

Ordered that the iVccompt be allowed, & that the Ballance thereof
being Five pounds thirteen Shillings & eight pence the s'' County be
accountable to the s'' Treasurer for. \^Passed October 29.

House Jour-
nal, pp.11, 66
69.

CHAPTER 58.

ORDER GRANTING TO WALTER SMITH LICENCE TO RETAIL STRONG

DRINK.

Legislative
Records of the
Council, xviii.,
389. Mass.
Archives, cxi.,
152.

House Jour-
nal, p. 68.

A Petition of Walter Smith of Salem Village, praying that this
Court would impower the Justices of the Court of General Sessions
of the Peace for the County of Essex to grant him a Licence to retail
strong Drink in said Places; The time Stated by Law for granting
Licencies this Year being elapsed

Read and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Essex be allowed and impowered (if they See cause)
at their next Session to grant the Pef a Licence to Retail strong
Liquors, the time for granting Licences being elapsed notwithstand-
ing. [^Passed October 29.

CHAPTER 59.

ORDER ALLOWING £12. 10 TO MOSES HOYT.

Legislative
Records of the
Council, xviii.,
390. Mass.
Archives,
Ixxiii., 213.

House Jour-
nal, pp.67, 70.
Province
Laws, xiii., 46.5,
chap. 1. Ante,

fi. .56, chap.
42.

A Petition of Moses Hoyt a Soldier in the late Expedition against
Cape Breton, Shewing that by his Wounds there received he is ren-
dered uncapable of Labour, & therefore praying for some further
x\llowauce from this Court for the Support of himself & Family.

Read and

Ordered that the Pef be allowed by the Comm'^'^ of War twelve
pounds ten Shill^' in consideration of his sufferings within men-
tioned. [^Passed November 1.

CHAPTER 60

ORDER ALLOWING £5 TO TIM" BARRON.

itecford^of the ^ Petition of Timothy Baron a Soldier in the late Expedition
<Jo"ncii, xviii., against Cape Breton, praying for some further Allowance from this
Archives', ' Court in Consideration of his Wounds there received, whereby he
ixxm., 205. -g g^-^i disabled from Labour.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 165

Kead and iiouseJour-

Ordered that the Comm®'' of War be directed to Pay to Cap* pVo'v'ince '

Sam* Chamberlain the sum of five pounds to be by him improved ^hap%^'"^^'

for the benefit of the Petitioner. \^Passed November 1. p. 4s, chap, iig!

CHAPTER 61.

ORDER IMPOWERING THE 2^^ PRECINCT IN SUTTON TO LEVY AND COL-
LECT A TAX ON LAND OF TWO PENCE HALF PENNY PER ACRE.

A Petition of Solomon Holman Agent for the second Precinct Legislative
in Sutton, Setting forth their Difiiculties by reason of their small councif, xvi^K,
Number to support their Minister; And praying that they may be Archiv^es^^xu
allowed to lay a Tax of two pence half penny ^ Acre on the un- 473^

improved Lands in said Precinct which belong to Non resident Mass.
Proprietors, or any other Tax which this Court shall Judge rea- ^2^^'^Llgi^a-'
sonable for the Support of their Minister, tive Records of

-r, I , ^^ the Council,

Kead and xviii., 390.

Ordered that a Tax of two pence half penny per Acre be impos'd nai^ppfz^jo.
upon the unimproved Lands herein mentioned to be applyed towards
defreying the Charge of building a Meeting House in said Parish,
And that Solomon Holman Francis Kidder and Abel Chase the pres-
ent Assessors be and they hereby are Impowered to Assess the Tax
upon the Nonresident Prop''^^ of s'* Lands And y' Sam' Buck

be and he is hereby Impowered to Collect said Tax They to be re-
spectively Sworn to the faithful discharge of said Trusts. \^Passed
November 1.

CHAPTER 62.

ORDER ALLOWING THE ACCO^ OF THE TREAS" OF MIDD^ C.

An Accompt presented by Daniel Kussell Esq'' Treasurer of the Legislative
County of Middlesex for the Year 1747. having been by him laid ^^S.xvul,
before tlie Court of General Sessions of the Peace for said County 391.

& by them allowed House Jour-

Kead& °^''P-"-

Ordered that the within Accompt be allowed & that the Ballance
thereof being Nineteen Pounds seventeen Shillings & Eleven pence
the said Treasurer be further accountable for. ' \^Passed November 1.

CHAPTER 63.

VOTE ACCEPTING THE REPORT OF Y^ COM^ee qN YE AFFAIR OF Y=
REIMBURSEM^ OF CHARGES OF THE EXPEDITION AGAINST CAPE
BRETON.

The Committee appointed to consider that part of his Excel- ^•'s*^'?"^? j^
lencys Speech which relates to the Money granted by Parliament Council, xvm.,
for reimbursing the Expence of taking & keejDing Cape Breton ^—

^ The final action on this account is not found in the House Journal.

166

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 64, 65.]

Archives cii having attended that Service, report as tliir Opinion, That Mes-
392. Leg'ieia-' senffcrs be forthwith dispatch'd to the Governments of Connect-

tivp Rf^fordR of •

the Council, icutt, New Hampshire and Ehode Island, again desiring them to
House^jour-^' appoi^t Commissioners to meet the last Wednesday of this Month,
nai,pp.67,73. or as soon after as may be at Boston, to treat with Commissioners
chap. 263.'* ' froni this Court upon the best Method of Applying the Money
granted by Parliament to the Eedemption of the Bills of Credit
& upon Ways & Means effectually to regulate the Currencies of
these Governments for the future. And that a proper Letter be
prepared to be sent Home by the first Ship, signifying the Court's
continuing in their Resolution to apply the Grant of Parliament
to the Redemption of the Bills so far as it sliall be sufficient for
that purpose, & to sink the Remainder of the Bills at the same
Time in the Manner proposed by the Bill sent from this Court or
in such other effectual Way as shall be agreed on. Read &

Accepted; and the Committee are directed to prepare a Letter ac-
cordingly. [Passed November <?.'

CHAPTER 64.

ORDER ACCEPTING THE REPORT OF Y^ COM^'^'' FOR FARMING THE
EXCISE IN YE C« OF SUFFOLK.

Legislative
Records of the
Council, xvlli.,
.392. Mass.
Archives,
cxlx., 414.

House Jour-
nal, pp. 61, 7.5.
Ante, p. 161,
chap. 53.

The Committee appointed the 24*'' of June last to farm out the
Excise on Liquors &c* in the County of Suffolk have attended that
vServiceand sold the same to the highest Bidder, Cap' Jeffry Bedgood
for Two thousand five hundred Pounds Bills of the last Tenor ^
Annum for three Years commencing the 29* of June last, & have
taken three Bonds, executed by said Bedgood, William Coffin &
Thomas Green for the Payment of the same to the Province Treas-
urer, to whom we have delivered said Bonds.

Jacob Wendell p Order

Read & Accepted. [Passed November 3.

CHAPTER Q5.

ORDER IMPOWERING THE INHABITANTS OF THE PARISH OF CHEBACCO
TO CHOOSE A COLLECTOR OF TAXES.

Legislative
Records of the
Council, xviii.,
393. Mass.
Archives, xii.,
505.

Mass.

Archives, xii.,
.504. House
Journal, p. 73.

A Petition of Jeremiah Foster in behalf of the second Parish
in Ipswich called Chebacco, shewing that in their last March Meet-
ing by reason of some Misapprehensions among the Inhabitants they
neglected to chuse a Collector of their Parish Taxes, And therefore
praying that they may be now impowered by this Court to chuse
such an Officer

Read and

Ordered that the Prayer of the Pet" be granted and that the
qualifyed Voters be, and they hereby are Impowered at their next
Legal Meeting to Chuse a Collector for the purposes within men-
tioned. [Passed November 3.

I This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is November 2.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 167

CHAPTER QQ.

ORDER IMPOWERING THE INHABITANTS OF THE TETTICUTT PRECINCT
IN BRIDGEWATER AND MIDDLEBRO TO CHOOSE A COLLECTOR OF
TAXES.

A Petition of David Lock in behalf of Tetticutt Precinct in Legislative
the Town of Middlehoro shewing that by reason of some Mistakes coundf, xvUi^,
they failed in the proper Season of chnsing a Collector of Precinct ^^;.jji^?4®^cx
Taxes, praying that the s'* Precinct may be now impowered to chnse 434.

such an Officer House Jour-

Read and . "^"^'P-'^-

Ordered that the Prayer of this Pet" be granted and that the qnal-
ifyed Voters of the abovementioned Precinct ' be and they hereby are
Impowered at their next Legal Meeting to Chuse a Collector or Col-
lectors for the s'' Precinct; the time for Chasing such Officers being
elapsed notwithstanding. [^Passed November 3.

CHAPTER 67.

ORDER ALLOWING £3 TO Y^^ TOWN OF BROOKLYN, FINE FOR NOT SEND-
ING A REPRESENTATIVE.

Ordered that the Treasurer be directed to pay to the Select Men Legislative
of the Town of Brooklyn the Sum of Three pounds in Consideration counc'if,xvii%

of their being Overcharged in the Tax Bill that Sum laid upon them 393^

as a Fine for not sending a Representative Anno. 1746. \ Passed House Jour-
November S.

CHAPTER 68. K»the

Council, xviii.,
394 Mass
VOTE FOR ESTABLISHM^ OF THE COMMANDING OFFICER AT CASTLE W-^. Archives, '

Ixxiii., 244.

Voted that from the Commencement and till the expiration of the Legislative
present Establishment of the Officers and Soldiers at Castle William g^^'lf^ ^^i^|?.^,
the Establishment of the Commanding Officer there, be One hun- 373. House^ ''
dred pounds per Annum. \^Passed November 4. Province^'

Laws, iii., 370,

chap. 9. Ante,

— p. 156, chap. 36.

CHAPTER 69.

VOTE IN REGARD TO THE ESTABLISHM'^ OF PAY SUBSISTENCE & LOCA-
TION OF Y-^ FORCES ON Y^^ FRONTIERS.

Voted, that the Establishment of pay and Subsistance of the forces Legislative
on the Frontiers, which expired tlie 15'^ of October last be further ^^li^'c'^f, ^^iK
continued to the 12^'' day of November Instant, and that from thence ^^^j^j^^^g®^-
to the first day of March next there be pay and Subsistance granted ixxiii., ik.
and allowed to four hundred Seventy four Men only, including all House Jour,
such Voluntiers as have inlisted on the Incouragement granted by ^nie}\i'!m^'
this Court, and that his Excellency the Captain General be desired chap*. 273.
to give order for the Reduction of the said Forces to the Number

' The House Journal, p. 73, adds, "so called in Biidffewater."

168

Province Laws {Resolves, etc.). — 1748-49. [Chap. 70.]

of 474 men including Officers accordingly, but in case a peace with
the Indians be concluded on, at any time before the said Establish-
ment Expires, that then his Excellency be desired to give order for
the Dismission of so many of the said 474 men as are not posted in
the Forts and Block houses, built at the Charge of the Province

V^oted also that his Excellency be earnestly desired to give Order
that all such Soldiers as have been in the Service more than Twelve
Months (Other than such Voluntiers as aforesaid) have the Prefer-
ance of a Dismission; That his Excellency be desired also to Give
Order that the said 474 men be posted in the following manner Viz*

At the Truck house on S' George's River 30 Men

The Block house there 15

Pemoquid Fort ' 24

Richmond Fort 24

Fort George 12

Saco Block house ............. 12

And for Guarding the most exposed Parts of the Towns & Settlements from
Salmon Falls to Damarscotty River 206 Including 8 Inhabitants, at Phillips
Town, 7 at Gorham's town, & 9 at New Marblehead . . . . .206

At Fort Massachusetts 40

At the three Blockhouses in the line next to the Eastward thereof 15 Each . 45

408

Number 4 30

Ashelotts 15

Colerain 10 being Inhabitants and Fall Town 11, Six whereof to be Inhabitants 21

474

Also

Voted that the Governour of Connecticut be desired to send fifty
men to Deerfield & Northfield for their Security this Winter but least
those Towns be too much exposed in the mean time should all the
Soldiers be drawn off from them, now

Voted that twenty five men (part of the forces proposed in this
Vote to be Dismissed) be detained in the Service for Security to
those Towns till the said first day of March unless the said Con-
necticut Forces shall Eelieve them sooner.

Voted also, that the Chaplain & Chirurgeons pay where Chaplain
& Surgeon have been in the Service in consequence of a Vote of
the Court and there is no Establishment, be £44. 7. G ^er Annum.
\^Passed November 4.

CHAPTEE 70.

ORDER ACCEPTING THE REPORT OF Y''- COMM^ee qN HAVERHILL
AFFAIR AND CALLING A TOWN MEETING.

Legislative
Records of the
Council, xviii.,
395. Mass.
Archives, cxv.,
336.

Mass.

Archives, cxv.,
334. House
Journal, pp. 76,

p.'ieo, chap.49.

John Quincy Esq'' from the Committee of both Houses on the
Petition of Eichard Saltonstall Esq'' & others of Haverhill gave in
their Report [as follows].

The Comittee appointed to consider the Memorial of Richard
Saltonstal Esq"" and otliers of the Town of Haveril complaining
of the irregular proceeding of the Town at their Second Meeting
in April last by the Special Order of this Court for the Choice of
Town Officers: haveing heard the Parties & fully considered that
Affair Report That the Said Meeting be Set aside and that all pro-
ceedings Consequent thereon, be declared null & void; And That
the Select Men for the Year 1747 be directed Forthwith to Issue
Another Warrant for the Assembling Said Town Some time in this
present Month of Nov^"" for the Choice of all Town Officers Avhich

[2d Sess.] Province Laavs {Resolves, etc.). — 1748-49. 169

Towns by Law are enabled to Choose at the usual place of Meeting
in Said Town And Whereas it Appears to this Comittee that no val-
uation of Estates hath been taken this present year in that Town
Agreeable to Law That the rule for regulating the S*^ Meeting in
the Choice of a Moderaf Etc : Shall be the List of Rates for the
year 1747 as by Law Directed

all which is humbly Submitted

By order of the Comittee J Quincy

Read & Accepted, &

Ordered that the said Meeting be set aside, & all the Proceedings
thereon, are declared null & void, And the Selectmen of the Town
of Haverhill for the Year 1747, are impowered & directed forthwith
to issue a Warrant to One or more of the Constables of said Year,
for Assembling the Inhabitants thereof at their usual Place of Meet-
ing, sometime in this present Month, in order to chuse all such Offi-
cers as Towns by Law are enabled to do : And whereas no Valuation
hath been taken in Manner as the Law requires this present Year,
That the Rule for regulating the said Meeting in the Choice of such
Officers be the List of Rates for the Year 1747, as by Law directed;
And that John Choate Esq' be the Moderator of said Meeting ; And
the Select Men are required seasonably to Notify him of the Day &
Hour of said Meeting. \^Passed November 4.

CHAPTER 71.

ORDER ALLOWING £25 AND £75 TO JOSIAH WILLARD, ESQ^, SECRETARY

FOR A CLERK.

A Memorial of Josiah Willard Esq"^ Secretary, Praying that this Legislative
Court would make an Allowance for a Clerk in his Office this present c^SScn! xvm^.
Year ; And for as much as the last Year's Allowance was not sufficient 395. Mass.
for his Support; That they would enlarge the Grants as well for the xiix., 236.'
last as the present Year. Mass.

Read and xux^m'

Ordered that the Sum of twenty five pounds be allowed the Sec- House Jour,
retary for a Clerk in his Office in addition to the last Years Grant rf. '^nV^,'' '
for that purpose. & the Sum of Seventy five pounds for the present p^^ss.chap.
Year. \^Passed November 4.

CHAPTER 72.

ORDER ALLOWING THE ACCOMPT OF THE TREASURER OF PLIM*^

COUNTY.

An Accompt presented by Edward Winslow Esq"" Treasurer of ^gfo^dg'of the
the County of Plimouth for the Year 1747, having been laid before council, xviii.,

the Court of General Sessions of the Peace for the said County & ^^ .

by them allowed. SuTp'n's.

Read &

Ordered that the within Accompt be allowed, & that the Ballance
thereof being Seven Pounds Nine Shillings & eight pence, the said
County is accountable to said Treasurer for. \^Passed November 4.

170

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 73-75.]

CHAPTEK 73.

VOTE ALLOWING SUBSISTENCE TO LIEU^ DUDLEY BRADSTREET.

Legislative
Records of the
Council, xviii.,
396. Mass.
Archives,
Ixxiii., 234.

Mass.
Archives,
Ixxiii., •2;i4-238.
House Jour-
nal, pp. -26, 69,
77.

A Petition of Lieu* Dudley Bradstreet, praying for an Allow-
ance from this Court for his Service at the Fort called Fort Dum-
mer for the Space of twenty Weeks where he was posted by Order
of the Governour.

Read and Inasmuch as the Petitoner was Posted At Fort Dummer
by order of His Excellency the Gov'' therefore

Voted that He be allowed out of the Treasury Seven Shillings per
Week for twenty Weeks in consideration for his Subsistance whilst
in that Service. [Passed November 5.

Legislative
Records of the
Council, xviii.,
396.

Legislative
Records of the
Council, xviii.,
372. House
Journal, p. 78.

CHAPTEK 74.

ORDER ALLOWING PAY FOR ONE MONTH TO CPT. ELEAZ^ MELVIN AND

COMPANY.

A Petition of Cap' Eleazar Melvin, Shewing that at the Desire
of several Gentlemen in the Government, when Lunenburg & other
Towns on that Frontier were in great Terror, by the Approach of
the Enemy, the Petitioner went to their Eeleif & in Quest of the
Enemy; Praying for the Allowance of One Month's pay for himself
& Comjiany being the Time they were upon that Service Read and

Ordered that the Prayer of the Petition be granted, & that the
Petition"" be allowed two Shillings & six pence ^ Week for the
twenty five Men within mentioned for one Month accordingly.
[Passed JSovemher 6.

CHAPTER 75.

ORDER ACCEPTING THE REPORT OF Y^ COM^ee FOR FARMING THE EX-
CISE IN Y'^ C" OF BRISTOL.

Legislative
Records of the
Council, xviii.,
39G. Mass.
Archives,
cxix.,413.

House Jour-
nal, pp.61, 79.
Ante, p. 161,
chap. 53.

The Commitee Who ware appointed to Farme out the Excise
on Brandy Rum and other Licqurs sold by Retaile in the County
of Bristoll and on Limes and Lemons &c Haue attended that sar-
uice and Farmed it out for three years from y® 29"" of June Last
to samuell White Esqr of Taunton for one Hundred and Twenty
Eight Pound in Bills of ye Last Emission a year and Taken securety
for the Payment thare of and deliured the Bonds to the Prouince
Treasurer

A i. A r\ i. x. ooth ^^^o GeORGE LeONARD

dated October 28'" 1748 t.,.^. iir. .......

James Williams

Read and accepted. [Passed Kovemher 5.

[2d Sess.] Province Laws (liesolve.-i, etc.). — 1748-49. 171

CHAPTEK 76.

VOTE IN REGARD TO THE PRISONERS IN TAUNTON GOAL.

A Petition of Othniel Trip & others Prisoners in the Goal of ^®s*^!?"^i'^,

1^ „„.,„, .^, , . , riiT Records of the

the County or Bristol Shewing that they were impressed as hoidiers council, xvUi.,
for the Frontiers, & were imprisoned for not paying their Fines Archiv^^e?"
for not proceeding in that Service, which is contrary to their Con- ixxiii., 2i-2.
sciencies ; And for as much as said Prison is not sufficient to keep Mass.
them from the Cold ; Therefore praying that they may be discharged ixxiii., 211.
from their Imprisonment. ^^Tp^ ^^^''■

In tlie Ilouse of Rep'''^*

Read and Inasmuch as it appears to this House that the Goal in
the Shire Town of the County of Bristol is insufficient for the Pris-
oners now confined there ; Therefore

Voted that the Sheriff of said County be allowed and directed to
Confine the Petitioners in some more convenient place, until they
have Satisfyed the Law

In Council Read and Concurred. [Passed November 5.

CHAPTER 77.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR FARMING
THE EXCISE IN THE COUNTY OF MIDDLESEX.

The Committee appointed to Let to farm the Excise on Spirit- Mass.
uous Liquors &c Sold by Reta'le in the County of Middlesex Have cxix.,\i7.

attended that Service & have let to farm the Same to Thadeus House JourT
Mason for the Sum of Seven hundred Eighty Seven Pounds Ten ^^if\;'^l^l^-
Shillings Bills of the last Emition Per Annum for the Space of chap'. 53.
Three Years from the 39 June last and have taken bonds for the
Annual Payment of the Same to the Province Treasurer for the
Use of y*^ Province and have Lodged the S** Bonds with Said
Treasurer

Boston November S''' 1748

By Order of the Committee Ezek: Cheever

Read and Accepted. [Passed November' 5.

CHAPTER 78.

ORDER DIRECTING THE COMMITTEE FOR SIGNING BILLS OF CREDIT
TO STRIKE OFF £10,000, AND APPOINTING A COMMITTEE FOR BURN-
ING TORN AND DEFACED BILLS OF CREDIT IN THE TREASURY.

In THE House of Rep"^''* Whereas it appears to the House that Legislative
a considerable part of the Bills which have been recieved for Taxes, council, xviii.,
are defaced and unfit to be Issued out of the Treasury, agreable Archi^csTcii.,
to the design of the last Supply Act. Therefore '^^

Ordered that the Comm'''' last appointed for Signing Bills be Mass.
directed to Cause to be Struck off from the highest Plate and 49?^House"''
Signed and delivered to the Treasurer Ps. Sum not exceeding ten (ji^ng-'^l'^^'ef"
thousand pounds, and that M'' Speaker M' Allen M"" Hubbard M' p. 147 (October,

172

Province Laws (Hesolves, etc.). — 1748-49. [Chaps. 79-81.]

1747) ; pp. 82,
83. Province
Laws, xiii., 609,
Chap. 47; 643,
chap. 148.

Tyng Col Heath Col" Choate and M' Eussell with such as the
Hou^''* Board shall Joyn be a Comm^'^ in the recess of the Court
to take an ace* of the torn and defaced Bills in the Treasury and
Cause the same to be Consumed to Ashes and make report of their
doings to this Court.

In Council Read & Concurr'd And John Osborne, Ezek' Lewis,
Jacob Wendell, Samuel Welles, Daniel Russell, Andrew Oliver &
Ezekiel Cheever Esq" are joined to the Committee for burning Bills
&C''. [Passed November 8.

CHAPTEK 79

ORDER ALLOWING £5 TO SARAH READ, ADM^.

Legislative
Records of the
Council, xviii.,
3ys. Mass.
Archives,
Ixxiii., 202.

Mass.
Archives,
Ixxiii., 201-203.
House Jour-
nal, pp. 70, 79.

A Petition of Sarah Read Administ'^ of Josiah Read Dec*^ who
was captivated by the Enemy, when Fort Massachusetts was taken,
& afterwards killed by them, praying for an Allowance for his Cloaths
& Gun then lost.

Read and

Ordefd that the petitioner be allowed out of the publick Treas-
ury the Sum of five pounds in consideration of the Loss of the Gun
herein mentioned. [Passed Novemher 8.

CHAPTER 80.

ORDER ACCEPTING THE REPORT OF THE COMtee fqR FARMING THE
EXCISE in THE C^ OF ESSEX.

Legislative
Records of the
Council, xviii.,
397. Mass.
Archives,
cxix., 418.

House Jour-
nal, pp. 61, 79.
Ante, p. 161,
chap. .53.

The Committee Appointed to Let out To Farm the Excise on
Rum & other distillecl Liquors &c for the County of Essex. Have
Attended that Service And have Farmed out the Same from the
29 of June Last, for Three Years To M' Benjamin Prescott jun''
and have taken Three severall Bonds from the said Benjamin Pres-
cott Benjamin Prescott,' and Cap' Daniel Epes for the annuall Pay-
ment of Seven Hundred Seventy Six pounds, & Five Shillings, payable
to the Province Treasurer. And Have delivered the same to M'' Treas-
urer Foye.

By Order of the Com"'=« Tho Berry

Read and Accepted. [Passed November 9.'

CHAPTER 81.

Legislative
Records of the
Council, xviii.,
400. Mass.
Archives,
Ixxiii., 249.

House Jour-
nal, p. 85.

ORDER ALLOWING £200 TO Y^ COMMISSARY GENERAL.

Ordered that two hundred pounds be allowed and paid out of the
Publick Treasury to John Wheelwright Esq'' Commissary General for
his Service in that Office for One Year. [Passed Xovember 9.^

> Siic.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is Novemher 8.

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is November 10.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 173

CHAPTER 82.

ORDER ACCEPTING THE REPORT OF Y^' COM^ee FOR FARMING THE
EXCISE IN YE CO OF BARNSTABLE.

The Committee for Farming the Excise in the County of Barn- Legislative
stable On Rum, Brandy And Other Distilled Spirits Sold by Retail c^S'xvm^,
And On Limes, Lemons, x\nd Orranges. Have Attended that Ser- 40i Mass.

- , JVrcQivcs

vice And they Have Farmed the Same to David Gorham Esq"" for cxix., 419.
the terme of Three Years from the 29''^ day of June Last att the House Jour-
Rate of One Hundred And Fifty Four pounds And Ten Shillings ^ntf^^^ld'^'
^'' Annum And have taken his Bond with Sufficient Sureties for chap'. 53.
the Payment of the Same, And Have Lodged the Same with the
Province Treasurer

John Otis ^^ order of the Committee
Read and accepted. [^Passed November 9.^

CHAPTER 83.

ORDER ACCEPTING THE REPORT OF YE COM^ee ON Ye PET^ OF MOSES
EMERSON AND ALLOWING £300.

A Memorial of Moses Emerson One of the Commissaries in the Legislative
late intended Expedition against Canada, Setting forth his Services councif xvm^
& Expences in taking Care of the publick Stores of this Province 388,397.' Mass.
left at Albany, & praying for some jjroper Allowance. ixxiii.T226.

John Osborne Esq' reported on the Petition of Moses Emerson Mass.
from the Com""" appointed to consider the same. That it was their ^^|j|^^22'4
Opinion, that three hundred Pounds in the Bills of the last Emis- House'jouV-
sion be allowed to the Petitioner for his Services mentioned in his "a! ' Province

Ppfifirm Laws, xUl., 596,

reunon. chap. 8. Ante,

Read and p. i32, chap.

Ordered that this Report be accepted and that the Comm'^'' of ^^'
AVar be directed to pay the Pef three hundred pounds accord-
ingly. [^Passed November 10.''

CHAPTER 84.

ORDER ALLOWING £1,000 TO YE JUDGES OF YE SUP« COURT.

Ordered that the Sum of One thousand pounds be allowed & paid ^''^^^Jf^^i'th
out of the Publick Treasury to the Hon'''*^ his majestys Justices of council, xviii.,
the Superiour Court of Judicature Court of Assize & General Goal ArchivesTxiu.,

Delivery for their Service for One Year ending the first of January '^^

next. {Passed November 10. House Jour-

"- . nal, p. 84.

* This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is November 10.

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is November 8.

174

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 85-89.]

CHAPTER 85

ORDER ALLOWING £40 TO THE SECRETARY.

Legislative
Records of the
Council, xviii.,
399.

House Jour-
nal, p. 84.

Ordered that the Sum of Forty pounds be granted & allowed to
be paid out of the publick Treasury to Josiah Willard Esq' Secre-
tary of this Province in full for his Service one Year, ending the
third Day of December next, [^Fassed November 10.

CHAPTER 86.

ORDER ALLOWING £160 ADDITIONAL TO Y^ SECRETARY.

Recordfof the Ordered that the Sum of One hundred and sixty Pounds be
Council, xviii., granted & allowed to be paid out of the publick Treasury to

-^ ■ — Josiah Willard Esq'' Secretary &c. in Consideration of his ex-

nail'p^sf."'^ traordinary Services to the third Day of December next, \^Passed
November 10.

CHAPTER 87.

ORDER ALLOWING £350 TO Y'^ PRESIDENT OF HARVARD COLLEGE.

Legislative
Records of the
Council, xviii.,
400. Mass.
Archives,
Iviii., 338.

House Jour-
nal, p. 84.

Ordered that the sum of three hundred and fifty pounds be
granted & allowed to be paid out of the Publick Treasury to the
Rev*^ Edward Holyoke President of Harvard Colledge over & above
the Eents of Massachusetts Hall for One Year ending the lO^*" day
of Sep^ next to be paid Quarterly, \^Passed November 10.

CHAPTER 88.

ORDER ALLOWING £160 TO TREASURER FOYE.

Legislative
Records of the
Council, xviii.,

400.

House Jour-
nal, p. 84.

Ordered that the Sum of One hundred & sixty Pounds be granted &
allowed to be paid out of the publick Treasury to William Foye Esq""
Treasurer & Receiver General of his Majesty's Revenues of this Prov-
ince for One Year ending the 2'' day of January next, \^Passed
November 10.

CHAPTER 89.

ORDER ALLOWING £190 ADDITIONAL TO Y^ TREASURER,

Legislative
Records of the
Council, xviii.,
400.

House Jour-
nal, p. 85.

Ordered that the Sum of One hundred & ninety Pounds be granted
& allowed to be paid out of the publick Treasury to William Foye
Esq'" Treasurer &c, in Consideration of his extraordinary Services
occasioned by the War. \^Passed November 10.

[2d Sess.] Province Laws (Besolves, etc.). — 1748-49. 175

CHAPTER 90.

ORDER ALLOWING 2/ 6 PER DIEM TO Y^ SPEAKER.

Ordered that there be granted & allowed to be paid out of the Legislative
publick Treasury two shillings & six pence p Diem to the Speaker councif, xvm^
of the House for every day of his Attendance in the General Court ^"t).
from the Opening of the Sessions on the 25^^ day of May, 1748, House Jour,
to the End of the Year, over & above his Pay as a Member of the °* • p-
House. [Passed November 10.

CHAPTER 91.

ORDER ALLOWING £120 TO ¥>= CLERK OF Y^ HOUSE.

Ordered ih?it the Sum of One hundred & twenty Pounds be granted Legislative

~ RrGcords OT the

& allowed to be paid out of the publick Treasury to Eoland Cottoii coumii, xviii..

Esq"" Clerk of the House for his Service in that Trust in the present ^—

Year. [Passed November 10. SuT^s'"'^'

CHAPTER 92.

ORDER ALLOWING £75 TO REV. EDWARD WIGGLESWORTH.

Ordered that the sum of Seventy five pounds be granted & allowed Legislative

• KecoTus 01 the

to be paid out of the Publick Treasury to the Rev'' Edward Wiggles- council, xviii.,
worth, Ilollisian professor of Divinity at Harvard Colledge, in Cam- Archiv^es,*'
bridge as a Gratuity, in consideration of his faithful Discharge of iviii-. 338.'
that great & important Trust Reposed in him & for his further En- House Jour-
couragem* therein. [Passed November 10. na,p...

CHAPTER 93.

ORDER ALLOWING £200 ADDITIONAL TO Y^ COMM^" GEN^.

Ordered that the Sum of Two hundred Pounds be granted & R®^^^|?"^ft>,
allowed to be paid out of the publick Treasury to John Wheel- council, xviii.,

Wright Esq"" Commissary General in Consideration of his Care & —

Trouble in transacting the extraordinary Affairs of the Province ^aT'rf ss'"'"'
this Time of War. [Passed November 10.

176

Province Laws {Resolves, etc. ) . — 1748-49. [Chaps. 94-96.]

CHAPTER 94.

Legislative
Records of tlie
Council, xviii.,
400.

House Jour-
nal, p. 85.

ORDER ALLOWING £20 TO Y^ CHAPLAINS OF THE COURTS.

Ordered that the Sum of Twenty Pounds be granted & allowed
to be paid out of the publick Treasury, viz' One half to the rev*^
Chaplain of the Hon''''-' Board this present Year, the other half to
the rev** Ellis Gray the Chaplain of the House for their respective
Services the present Year. ^Passed November 10.

CHAPTER 95.

ORDER ALLOWING £40 TO Y"^ DOOR KEEPER.

Legislative
Records of the

Kecoras oi tne Ordered that the Sum of Forty Pounds be granted & allowed to
Council, xviii., be paid out of the publick Treasury to M"" Abraham Belknap Door

^— Keeper to his Excellency the Governour & this Court in full for

naTif. 85."'*' liis Service one half Year ending ending' the twenty first of Octo-
ber last. [^Passed November 10.

CHAPTER 96.

Legislative
Records of the
Council, xviii.,
401. Mass.
Archives,
Ixxiii., 232.

Mass.
Archives,
Ixxiii., 231.
House Jour-
nal, pp. 74, 77,
83.

ORDER ALLOWING DIVERS AMOUNTS OF MONEY TO THO^ TAYLOR AND
ASSOCIATES AND 26/ 3 TO JOHN HENRY ALSO 24/ TO DANIEL HOW.

A Petition of Thomas Taylor of Ashuelot, shewing that the
Petitioner & sixteen others were in July last engaged in a very
sharp Fight with Indians, wherein sundry of the Enemy were slain,
& of the English all killed & taken, except the Petitioner & three
more, praying for an Allowance from this Court, particularly for
two of the Enemy known to be killed.

Read and

Ordered that the Sum of One hundred pounds be paid out of the
publick Treasury to the Petitioner to be equally distributed between
him and the Survivors, and Rep^'^'^'^ of those that were with him in
the Fight herein mentioned

Voted also that the further Sum of fifty shill[in]gs be allowed to
the Pef in consideration of his Bravery in that Action. Also that
He be allowed Seven pounds in consideration of liis Expences in
Travelling to Boston and attendance upon the Court. Also

Voted that Twenty Six Shill^^ and three pence be allowed out of
the Treasury to John Henry for his Exigences.

And the Sum of twenty four shillings to Daniel How for his
Expences in this Affair. \^Passed Novemher 10.

1 Sic.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 177

CHAPTER 97.

ORDER GRANTING TO JOHN PORTER LICENCE TO KEEP A TAVERN.

A Petition of John Porter ' of Salem, Shewing that for three Legislative
Years past he has been Licenced as an Innholder in the said Town, councif*xvuf
but by Mistake was omitted for this present Year; And therefore ^^'^- Mass.
praying that the Justices in the County of Essex, may be impow- i56? '^^'''*^^'''
ered to licence him Mass.

Read and ' wfidrmfuse

Ordered tliat the Justices of the Gen^ Sessions of the Peace for Journal, p. 87.
the County of Essex be allowed and impowered at their next Ses-
sion (if they See cause) to grant the Pef a Licence; the time for
granting Licences being elapsed notwithstanding. And that the Pet"
be allowed in the mean time to keep a house of publick Entertain-
ment as usual. \^Passed November 10.

CHAPTER 98.

ORDER ALLOWING £3. 9. 8 TO JN" SHED.

An Accompt presented by John Shed of the Charge of Subsisting Legislative
Soldiers in the publick Service, Amounting to the Sum of £11. 1 c^unclf xviu^
0. Tenor. ^o'^-

[Read and] House Jour.

Ordered that the Treasurer be directed to pay into the hands of • p* •
William Lawrence Esq'' Three Pounds nine Shillings & eight pence,
for the Use of the abovementioned John Shed in full Consideration
of the above Acco*. \^Passed November 11.

CHAPTER 99.

ORDER IMPOWERING JOSEPH WOODS, ADMINISTRATOR, TO SELL REAL

ESTATE.

A Petition of Joseph Woods of Lunenhurg., Administrator to House Jour-
the Estate of Ej)liraim Witlierby of said Town, deceased, praying Mass^'*^^'
Liberty to sell Lands belonging to the Estate, to pay the just ^^fjj^^g^gl'
Debts. '''^"'■'

Read and Archives,

Ordered y* the Petitioner be allowed (in his Capacity) and enabled House ^oiir-
to make sale of so much of the real Estate of the within mentioned nai, p. 86.
Deceas** as may be Sufficient to pay his Just Debts; and Charges of
the Sale; He to Acco' with the Judge of Probates for the County
of Worcester for His Proceedings therein. [Passed November 11.

' The House Journal, p. 87, reads, '■'■ John Proctor.""

178

Province Laws (Besolves, etc. ) . — 1748-49. [Chaps. 100-103.]

CHAPTEK 100.

ORDER ALLOWING £4. 3 TO W^ TARBELL.

Legislative
Records of the
Council, xviii.,
403.

House Jour-
nal, p. 87.

An Accompt presented by William Tarbell of the Charge of sub-
sisting Soldiers in the publick Service, Amounting to the Sum of
£13. 3. 2 Old Tenor.

[Eead and]

Ordered that the Treasurer be directed to pay into the hands of
William Lawrence Esq"" the Sum of Four Pounds three Shillings
for the Use of the abovenamed William Tarbell in full Considera-
tion of the above Accompt. [Passed November 11.

CHAPTER 101.

ORDER ALLOWING £2. 10. 10 TO MEHET^ BARDWELL.

Legislative
Records of the
Council, xviii.,
403.

House Jour-
nal, p. 87.

An Accompt presented by Mehetabel Bardwell of the Subsistence
of Jonathan Rolf a Canada Soldier, Amounting to the Sum of £10. 3. 7
0 Tenor.

[Eead and]

Ordered that the Treasurer be directed to pay to Israel AVilliams
Esq"^ the Sum of Two pounds ten Shillings & ten pence for the Use
of the above named Mehetabel Bardwell in full Consideration of the
above Accompt. [Passed November 11.

CHAPTER 102.

ORDER ACCEPTING THE REPORT OF Y= COM^ee poR FARMING THE
EXCISE IN Y^ CO OF WORCESTER.

Legislative
Records of the
Council, xviii.,
403. Mass.
Archives,
cxix.,420.

House Jour-
nal, p. fil.
Ante, p. 161,
chaj). 53.

John Chandler Esq^ from tlie Committee for farming out the
Excise on Wines, Liquors t&c, reported that they had let out the
said Excise to John Chandler Jun'' for three Years at the rate of
One hundred & fifty Seven Pounds ^ Annum, & have taken Bonds
with Sureties, which they have Lodged with the Province Treasurer '

Read and accepted. [Passed November 11.

CHAPTER 103.

ORDER ALLOWING £7- 10. 10 TO ZACHARIAH LAWRENCE.

Legislative An Accompt presented by Zechariah Lawrence of the Charging

Council, xviii., of Subsisting divers Soldiers in the publick Service; Amounting to
^^ the Sum of £25. 4 0. Ten'

narp'^"''" [Read and]

Ordered that the Sum of Seven Pounds ten shillings & ten pence

* The final action on this chapter is not found in the House Journal.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 179

be allowed & paid out of the publick Treasury into the hands of
AVilliam Lawrence Esq"" for the Use of the within named Zechary
Lawrence in full Consideration of the within Accompt. \^Passed
November 11.

CHAPTER 104.

ORDER IMPOWERING THE ISSUE OF AN ALIAS EXECUTION TO RICH^

GOOKIN.

A Petition of Richard Gookiu of Dedham, complaining aff** Legislative

Records of the

Benjamin Pollard Esq"" Sheriff of the County of Suffolk for refus- Council, xvui.,

ing to put him in Possession of a Peice of Land in the Town of ^^^' ^^^'

Boston, for which he obtained a Judgment of the Superiour Court, Rlford^oftiie
And for as much as the said Pollard had formerly taken Possession council, xviu.,
of the Same Land as Attorney to Theodore Atkinson Esq*" There- Archives, '
fore praying that One of the Coroners of the County of Suffolk House^Jour-
may serve his Execution on the Judgment he has obtained, or that nai, pp. 75,90.
he may be relieved in the Premisses by this Court.

Read with the Answer of Benjamin Pollard Esq'' And the Matter
being fully considered ;

Ordered that the Clerk of the Superiour Court be directed &
impowered to give out of his Office an alias Execution on the last
Judgment of the s'' Court refer'd to, to be directed to Eithers ' of
the Coroners of the County of Suffolk who is hereby impowered to
serve & return the same according to the Rules of Law.^ \^Passed
November 15.

CHAPTER 105.

ORDER IMPOWERING JENNET COWDEN, ADM^ OF JAM» COWDEN TO
EXECUTE A DEED OF RELEASE.

A Petition of Jennet Cowden Adminisf" to the Estate of James Legislative
Cowden late of Holden in the County of Worcester dec*^ Praying councf f, x*v m^,
that she may be impowered by this Court to execute a Deed of 408- Mass.
Release to David Cowden Son of the said James of Sixty Acres xviii.,378'.
and twenty Perch of Land in the Town of Worcester, which he Mass!
purchased for his s'' Son, & he has built a Dwelling House upon xvm'^377'.
it, & the said James ordered his Will to be made for disposing of '
said Land to the said David; & his Will was accordingly drawn but
he was prevented by sudden Death from executing

Read &

Ordered that the Prayer of the Petition be granted. And the Pet'
Jennett Cowden, as Admin'' to the Estate of Her within named Hus-
band James Cowden dec*^, is hereby allowed et impowered to make
Sale of all the Right of the said Deceased's Heirs in the Estate
within mentioned unto his Son David, and that she execute in due
Form of Law a Deed thereof to him accordingly; Provided the said
David pay unto his Brother Samuel ten Pounds in Bills of Credit
of the last Emission.^ \^Passed November 15.

- A duplicate of this chapter will be found in Legislative Records of the Council, xviii.,
487.

'^ Not found in the House Journal.

180

Province Laws {Resolves, etc.). — 1748-40. [Chaps. 106, 107.]

CHAPTER 106.

VOTE IMPOWERING THE COMMITTEE TO SELL SHARES OF DELINQUENT
PROPRIETORS IN THE TOWNSHIP OF BEDFORD.

Legislative
Records of the
Council, xviii.,
409. Mass.
Arcliives, cxv.,
362.

Mass.

Archives, cxv.,
361. House
Journal, p. 95.
Ante, p. 148,
chap. 16.

Ox THE Petition of the Inhabitants of Bedford \_ante, p. 148,
chap. 16]

Read, & no Objection being made against the Prayer of the Peti-
tion, altho publick Notice hath been given agreable to the Direction
of the above written Order,

Voted that the Prayer of the s*^ Pet" be granted, & that Samuel
Welles & Jonas Clarke Esq'' & Docf Belcher Noyes, the aboves''
Comm**^*', be & they hereby are impowered to dispose of the above-
mentioned Delinquent Proprietors Share or Proportion of settling
Lands, to such Person or Persons as will perform the Conditions of
settlement, required by the Gen^ Court in the Grant of the Lands
in s*^ Tract called Bedford; & s*^ Comm''^'^ or any two of them are
hereby impowered to execute good Deeds of every such delinquent
Proprietors proportion of settling Land being about a fifth part of
their whole Original Grant, which Deed shall be good & valid to
all Intents & Purposes in the Law, to the respective Grantees, their
heirs & assigns forever, they performing the Conditions of Settle-
ment, And the s'^ Comm**^ or any two of them, are hereby
Also imjiowered by themselves or others appointed by them, to reg-
ulate & lay out such High Ways & private Ways, as are, or may be
necessary. \^Passed November 15.

CHAPTER 107.

ORDER IMPOWERING MOSES PETERS, GUARDIAN, TO SELL REAL ESTATE.

Legislative
Records of the
Council, xviii.,
409. Mass.
Archives,
xviii., 380.

Mass.

Archives,
xviii., 379.

A Petition of Moses Peters, Gaurdian of Ruth Bucknam only
Child of Stephen Bucknam late of Sutton in the County of Worces-
ter Dec'' Praying that he may be impowered by this Court to sell a
Dwelling House left by the said Stephen to his Daughter, she being
a Minor, & the House going to Decay, so that the money will be of
much more benefit to her.

Read, &

Ordered that the Prayer of the Petition be granted. And that the
Pef in the Capacity of Guardian to the wdthin named Ruth Buck-
nam be & hereby is allowed & impowered to make Sale of the Build-
ing within mentioned to such Person as shall give most for the same,
and execute in due form of Law a Deed for the Conveyance thereof;
Provided the Pet' give sufficient Caution to the Judge of Probate for
the County of Worcester to account for the Produce of the Prem-
ises, & to dispose thereof pursuant to Law.' [Passed November 15.

' Not found in the House Journal.

[2d Sess.] Province Laws (^Resolves, etc.). — 1748-49. 181

CHAPTER 108.

ORDER IMPOWERING MARY BRIANT & ISAAC LITTLE, GUARDIANS,
TO SELL MINORS SHARES IN AN ESTATE.

A Petition of Mary Briant Gaurdian of Thomas Little a Minor Legislative
Son of Thomas Little late of Chilmark in Dukes County Dec^ & of c^uncu.xlK
Isaac Little as Gaurdian to Mary Little a Minor Daughter of the last 409 Mass.
named Thomas, praying for Liberty to sell two seventh parts of a xviii.7389.

House & four Acres of Land in Edgar Town belonging to said Minors Mass.
the other parts being already sold. xvm'^3^'

Read »& House Jour-

Orderecl that the Prayer of the Petition be granted, & that the
Pef' Mary Bryant & Isaac Little as Guardians to the Minors within
named be & hereby are impowered to make Sale of the said Minors
Shares in the Buildings & Land within mentioned, to such Person
as shall give most for the same, and execute in due form of Law a
Deed for the Conveyance thereof. Provided the Pet" give sufficient
Caution to the Judge of Probate for the County of Dukes County
to account for the Produce of the Premises, & to dispose of the
same pursuant to Law. \^Passed November 15.

nal, p. 94.

CHAPTEE 109.

ORDER ALLOWING £2. 8. 9 TO JEREMIAH MAN, ICHABOD DAY AND
EBENEZER SHUTTLEWORTH IN EQUAL PROPORTIONS.

A Petition of Jeremiah Man, Ichabod Day & Ebenezer Shuttle- Legislative
worth Soldiers impress'd into his Majesty's Service, Praying that couucif xim^
they may be allowed Wages & Billeting for one Fortnight omitted 4iu. Mass.
m the Koll. ixxiii.,229.

Read and Executive

Ordered that the Treasurer be directed to pay to M^ John Golds- councn^ xii"'^
berry two pounds Eight shillings and Nine pence for the Use of the '3. House "
Pef' in equal proportion in full consideration for the services above g°'^''°*'PP- >
mentioned. ^Passed^ November 15.

CHAPTER 110.

VOTE CONTINUING THE PAY & SUBSISTENCE TO Y^ GARRISONS AT Legislative

FORT DUMMER AND HINSDELLS FORT. Counc'if, xvuT

410. Mass.
Voted That the pay & subsistence of the Garrison at Fort Dum- i^^^il^Hs
mer at the rates last establish'd be continued from the Expiration j^^^-^j' .^ " —
of said Establishment until the 20"" Instant and that from the said Records of the
20"' Instant until the first of March next pay & subsistance at the %i^uf^i^}^^''
former rates be allow'd to fifteen men only (including Officers) to ^^^"^^ ''iJ^'^v,

ri • P • T T^ 1 o . n ^ir n i ' nal, pp. 88, 89,

serve as a Garrison for said h ort & to five Men for the same term 94. Province
at M^ Hinsdells Fort so call'd. [Passed November 15. ^h^fil" •'^'^'

182

Province Laws {Resolves, etc. ). — 1 748-49. [Chaps. 1 1 1-1 14. ]

CHAPTEE 111.

ORDER ALLOWING £41. 19 TO CPT. THO^ CHENEY.

Legislative
Records of the
Council, xviii.,
41u.

An Accompt of billeting Soldiers in the Frontiers under the
Command of Cap*^ Thomas Cheyney, Amounting to the Sum of
£119. 6.

[Read and]

Ordered that the above Accompt be allowed & that the Sum of
Forty one Pounds Nineteen shillings be paid to Major Josiah Wil-
lard in Discharge thereof." \^Passed November 15.

Legislative
Records of the
Council, xviii.,
411. Mass.
Archives,
Ixxiii., '256.

House .Jour-
nal, p. 90.
Ante, p. 167,
chap. 69.

CHAPTER 112.

VOTE IN REGARD TO MEN POSTED AT Y^ ASHUELOTS.

Voted that His Excellency the Cap* Gen^ be desired to give Order
that ten of the Men for whom an Establishment is made, to be Posted
at the Ashnelots, be of the Inhabitants there, in case such a number
appear voluntarily to Enlist for that Service. \^Passed Novemher 16.

CHAPTER 113.

ORDER ALLOWING £151. 1. 10 TO COL« W*« WILLIAMS.

Legislative
Records of the
Council, xviii.,
411. Mass.
Archives,
Ixxiii., 219.

Mass.
Archives,
Ixxiii., 218.
House Jour-
nal, pp. 79, 94.

A Petition of Col" William Williams, Shewing that by Order
of Col° John Stoddard Dec*" he has disbursed several Sums of Money
for the Service of the Province Amounting in all to £151. 1. 10 as
may appear by the Accompt herewith offered praying an Allowance
for the Discharge thereof.

Eead and

Ordered that the Sum of One hundred fifty One pounds One Shil-
ling and ten pence be allowed and paid out of the Treasury to the
Mem" in discharge of his Ace' of Disbursments And that in con-
sideration of the Trouble the Mem" as Sub Commissary has been at
in procuring Provisions and Stores for the [Forces]^ under his care
in the Year past One per Cent be allowed on the Amount of said
Accounts when the Same shall be Examined and passed upon for
payment. \^Passed November 16.

CHAPTER 114.

ORDER ALLOWING £19. 11 EACH TO ELEAZ» MELVIN & HUMPHRY HOBBS,
AND VOTE FOR A FURTHER SUM OF £12 TO ELEAZER MELVIN.

A Petition of Eleazar Melvin & Humphry Hobbs, praying that

Legislative

Records of the i ~ • - i • t-> • • i • i

Council, xviii., they may be allowed the sums set forth in their Petition, which

' Not found in the House Journal.

* MS. mutilated. Inserted from Legislative Records of the Council, xviii., 411.

[2d Sess.] Province Ijxyf 9, {Resolves, etc.). — 1748-49. 183

they have advanced whilst they v/ere in actual Service, for Provi- ^f,'^^^ "l^yj:
sion, Ammunition &c. 89.

Ordered that the Petitioners be allowed out of the publick Treasury
Nineteen Pounds eleven Shillings to each of them, in full Consider-
ation for their Subsistence whilst in the Service within mentioned,

Voted a\^o that the Sum of Twelve Pounds be allowed to the Peti-
tioner Melvin in Consideration of his Expences for his Company
whilst in said Service. {^Passed November 16.

CHAPTER 115.

VOTE FOR Y^ COW^^ OF WAR CALLING TO AN ACCO^ PERSONS WHO
HAVE REC° STORES &c. IN THE CANADA EXPEDITION.

Whereas sundry Persons have received great Quantities of Stores Legislative
& other things for carrying on the late intended Expedition against councif xvln^
Canada or Crown Point, of which no Accompt has yet been rendred ; 412.

Voted that the Committee of War, or any three of them (the Mass.
Chairman being always one) be & hereby are impowered to call all ixxii'i.'^lei.
such Persons to Accompt for such Stores &c. as they have received ^.^^fff^s"^'
for the Purpose aforesaid; And such Receivers are hereby directed Province
to account with the s'' Committee on or before the second AVednes- chad's*"''* ^^^'
day of the next Sitting of this Court as they would avoid being pro-
ceeded against agreable to Law, The Committee to report as soon
as may be. \^Passed November 17.

CHAPTER 116 Legislative

^ ^^^^^ -L-LJJ.V -Lxv^. Records of the

Council, xviii.,

VOTE DISMISSING CHRISTOPHER KIBLY, ESQ, ONE OF THE AGENTS AT Archi'^esfxx.,

THE COURT OF GREAT BRITAIN. 4"0-

Legislative

Voted that Christopher Kilby Esq one of the Agents for this councu?* ^''^
Province at the Court of Great Britain be dismiss'd from said ?v^"- (3), 208.
Agency. And his power to appear for and in behalf of the Prov- nai, p. 102.
ince is hereby vacated and declar'd to determine and cease. [Passed Laws°m 455
November 17. note. '

CHAPTER 117.

ORDER IN REGARD TO THE LETT^^ TO BE SENT TO THE AGENTS. Legislative

Records of the

Voted that the Secretary be directed forthwith to cause the Letter 412. m.-Jss. ''
order'd by this Court in their present Session to be sent to William ^|chives, xx.,
Bollan & Christopher Kilby Esqr. then joint Agents for this Prov- Lecrieiative —
ince, to be copy'd & sent by Express to Portsmouth in order to its Records of the
being forwarded to Great Britain by the Mast Fleet, and that said 4ii""Hous^e"''
Letter & such Copys as may be necessary be now directed to Wil- province^' ^^^'
liam Bollan Esqr. and that the first Letter or Copys directed jointly Laws, ui., 455,
as aforesaid be stay'd from going forward. [Passed November 17. ^°^'

184

Province Laws {Resolves^ etc.) . — 1748-49. [Chaps. 118-121.]

Legislative
Records of the
Council, xviii.,
413. Mass.
Archives, XX.,
469.

CHAPTER 118.

ORDER DIRECTING THE SECRETARY TO SEND M" KILBY A COPY OF
Y= VOTE FOR HIS DISMISSION.

House Jour-

ProVmce^" Ordered that the Secretary be directed to inclose to Christopher

note^' ^Antf^^' ^i^^J ^^q'' A Copj of the Vote of the Court dismissing him from

p. 183, chap!
116.

the Agency of this Province. [Passed November 17.

CHAPTEK 119

ORDER ALLOWING £4 TO ALEX« TARRANT.

Legislative
Records of the
Council, xviii.,
412. Mass.
Archives,
Ixxiii., 2-28.

Mass.
Archives,
Ixxiii., •227.
House Jour-
nal, pp. 68,105.
Ante, p. 130,
chap. 329.

A Petition of Alexander Tarrant a Soldier in the late Expedi-
tion against Cape Breton, praying for some further Consideration
for his Wounds there received by which he is yet disabled from
Labour,

Eead and

Ordered that the Sum of four pounds be allowed out of the Treas-
ury to M' James Jeffrey for the Use of the Pef in consideration of
his Sufferings within mentioned. [Passed November 18.^

Legislative
Records of the
Council, xviii.,

414.

House Jour-
nal, pp. 11, 86.

CHAPTER 120.

ORDER ALLOWING THE ACC^ OF THE TREASURER OF ESSEX C^.

An ACCOM ft presented by Daniel Appleton Esq'' Treasurer of
the County of Essex for the Year 1747, having been laid before
the Court of General Sessions of the Peace for the said County
& by them allowed Eead &

Ordered that the within Accompt be allowed, & that the Ballance
thereof being Sixty six Pounds fifteen Shillings & eight pence three
farthings, the s** Treasurer is further accountable to s*^ County for.
[Passed November 18.

CHAPTER 121

ORDER ALLOWING THE ACCO^ OF THE TREASURER OF THE C« OF

DUKES C".

Records'of the ^^ AccoMPT presented by Zaccheus Mayhew Esq'' Treasurer of
Council, -xviii., Dukcs Couuty for the Year 1747, Having been laid before the
Court of General Sessions of the Peace for the s*^ County & by
them allowed. Eead &

Ordered that the within Accomp ^ be allowed & that the Ballance
thereof being Eleven shillings & four pence, the said County is ac-
countable to said Treasurer for.' [Passed November 18.

* This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is November 16.
- Sic.
^ The final action on this account is not found in the House Journal.

House Jour
nal, p. 11.

[2d Sess.] Province Laws {Resolves^ etc.). — 1748-49. 185

CHAPTER 122.

ORDER ALLOWING £5 TO W^' CHANDLER.

A Petition of William Chandler of Westforcl Praying to be Legislative
allowed by this Court for his Son Henry Chandlers Cloathing & council^, xim^,
Gun, which were were ' lost when his said Son (being then in the ^i^. Mass.
publick Service) was killed by the Indians. ixxiii., -ah.

Read and House .Jour-

Ordered that the Sum of four pounds be allowed the Pet' or his ii''»i.pp-9f>,io5-
Order out of the publick Treasury in consideration of his Loss
within mentioned. [^Passed November 18.

CHAPTER 123.

ORDER ALLOWING £25, AND A FURTHER AMOUNT OF £60 TO CPT.
ELEAZ^' MELVIN & OTHERS.

A Petition of Cap' Eleazar Melvin & others, shewing that they LejrisiaUve
were, in their late March, attacked by a much Superiour Body of councif, xvfnf,

the Enemy & divers of them killed, & the whole of them lost their ^}^

Packs & Cloaths, and altho they killed divers of the Enemy (as the House .Jour.
English lately come from Canada have informed them) yet they were 105.' ^^'n/e, '
not able to get their Scalps in their dangerous Situation, Praying }'"[|o^chap^'^^'
that this Court would consider their Case, & make them such Allow- nu-
ance as shall be judged proper

Read &

Ordered that the Sum of TAventy five Pounds be allowed out of
the Treasury to the Petitioner & his Men or their legal Represent^®*
in Consideration of the Losses mentioned to be divided in propor-
tion to their Losses,

Ordered also that the Sum of Sixty Pounds be allowed to the
Petitioner & his Men in Consideration of their Bravery in the
Enterprize within mentioned. \_Pas8ed November 18.

CHAPTER 124.

ORDER IMPOWERING CAP^ PHINEHAS STEVENS TO MAKE UP HIS

MUSTER ROLL.

A Petition of Cap"^ Phinehas Stevens, Shewing that by his Ex- Legislative
cellency's Order he with about Fifty Men took Possession of tlie cmSxvin^,
Fort at Number Four, after it was abandoned by the English & Arriuv^eY^'
defended it against a great Body of French & Indians; And for as ixxiii., 210.
much as his men were Canada Soldiers & no Provision made for House Jour-
their Pay for the first five Weeks of y'^ Service, Therefore praying "''^'' ^^" ^^^"
that this Court would now provide for it.

Read and

Ordered that the Pef be allowed to make up A Muster roll for
himself and Company for five Weeks Commencing from the 11"' of
March 1745. [Passed November 18.

1 Sic.

186

Province Laws {Resolves, etc.). — 1748-4^. [Chaps. 125-127.]

CHAPTER 125.

Legislative
Records of the
Council, xviii.,
323. Mass.
Archives, xii.,
442.

Mass.

Archives, xii.,
438-443. Legis-
lative Records
of the Council,
xviii., 4ir>.
House Jour-
nal, pp. 23, 60,
103.

ORDER ERECTING THE INH^^ OF WEST DEDHAM INTO A SEPARATE

PRECINCT.

A Petition of Samuel Metcalf & others, Inhabitants of the West-
erly part of Dedham, Shewing, that they apprehend that they are
capable of supporting a Minister among them. And for as much as
it is very inconvenient for them to Attend the publick Worship in
other Places, Therefore praying that they may be erected into a sep-
arate Precinct by the Bounds particularly set forth in the Petition.

Read and

Ordered that the within written Report be accepted and that the
Pef^ with their Lands and Estates, together with the Lands and
Estates included within the Bounds Petition'd for; be Sett off a dis-
tinct and seperate Precinct and are invested with all the Powers and
Priviledges which other Precincts by Law Enjoy. \^Passed Novem-
ber 18.

CHAPTER 126.

ORDER ALLOWING £2. 1. 7 TO JOSHUA BRAMHALL.

Legislative
Records of the
Council, xviii.,
41,5. Mass.
Archives,
Ix.xiii., 220.

House Jour-
nal, pp.69, 105.

A Petition of Joshua Bramhall of Hingham lately a Soldier on
the Frontiers, praying for an Allowance for about four Weeks Ser-
vice for which he can't find his Name enter'd in any Muster Roll,
& for a AVeeks Travel home after dismissed from y*" Service.

Read and

Ordered that the Sum of Two pounds One shill^' and seven pence
be allowed out of the Treasury to the Pef in full consideration for
the Service mentioned. ^Passed November 18.

CHAPTER 127.

ORDER ALLOWING £12. 10 TO EDW» MANCHESTER.

Legislative
Records of the
Council, xviii.,
41.^. Mass.
Archives,
Ixxiii., 193.

Mass..
Archives,
Ixxiii., 192.
House Jour-
nal, pp.72, 105.

A Petition of Edward Manchester, praying for an Allowance
from this Court for wounds which he received in the 'Expedition
against Cape Breton, by which he is rendred a Cripple for Life, &
is very indigent.

Read and

Ordered that the Sum of twelve pounds ten Shillings be allowed
out of the publick Treasury to Cap* Nathaniel Sole for the Use
of the Pef in Consideration of his Sufferings within mentioned.
\^Passed November 18.

[•2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 187

CHAPTER 128.

ORDER DIRECTING THE COMMITTEE TO STRIKE OFF AND SIGN £10,000
BILLS OF CREDIT, AND ALLOWING JN« WHEELWRIGHT COMMISSARY
GENERAL, PAYMENT OF HIS DISBURSEMENTS.

A Memorial of John Wheelwright Esq' Commissary General, g®^'^'^*^^! .u
shewing shewing' the Difficulty he is at to procure any suitable Council, xviii.,
Persons in the Western Frontiers for Sub Commissaries, Col" Josiah ArchivesT"
Willard & Col'^ William Williams who have acted under him in that ixxiii., 258.
Business refusing to continue any longer therein, they being obliged Mass.
to borrow great Sums of Money for want of necessary Supplies out ixxiii.TlsV, 259,
of the publick Treasury & from other Discouragements they have jo^ur^i'^p^ioG
lain under; Therefore, as the Winter Season is Advancing, moving Province
that such Sums of Money may be now supplied him & his Sub-Corn- chap^'4V"643, '
missaries as may be sufficient to discharge the past Arrears, & to ^'^^p- i**-
purchase Provisions sufficient 'till the Spring Season.

Read and

Ordered that the Committee last app**"^ for Signing Bills; be
directed to Cause to be Struck off, from the highest plate; and
Signed and delivered to the Treasurer a Sum not exceeding ten
thousand pounds in the room of so many torn and defaced Bills,
as are Unfit to be Issued out of the Treasury in order to reimburse
John Wheelwright Esq"" Commissary Gen' the Several Sums, advanced
by him and Josiah Willard & William AVilliams Esq"" for the Service
of the Province, and further to Enable him to make provision for the
Several Forts and Garrisons on the Frontiers. \^Passed November 18.

CHAPTER 129.

ORDER IMPOWERING MARY PHIPS, ADMINIST'^, TO SELL REAL ESTATE.

A Petition of Mary Phips Administ^ of the Estate of her late Legislative
Husband Sam' Phips of Charlestown Dec** Praying for Liberty to counSxim^,
sell a House & Land in Charlestown mortgaged by Solomon Phips 4i7. Mass.
to the said Samuel Phips & the Mortgage sued out by the Petitioner xviiiTs^-e.
since this Decease, & the Time for Redemption expired, the said ^^[^_
House being in a ruinous Condition & the Petitioner unable to lay -^'■.<;!"'^<'„^' ^,^

•MT p • • • , "^ xvni., 374, 3(.5.

out any Money tor repairing it. House Jour-

PoQ^l -«T I o nal, p. 104.

J\t!du i\j Province

Ordered th-At the Prayer of the Pet'' be granted, & the Pef in ^haT'io '' ^^^'
her Capacity of Administ^, is hereby allowed & impowered to make
sale of the House & Land within mentioned, & to make & execute,
in due form of Law, a Deed, for the Conveyance thereof, to such
Person as shall give most for the Same; & that the Pef be allowed
the Improvem* of One third part of the Produce of the premisses,
during her Life, & the residue to be put into the hands of the Gaur-
dian of the deceased's Daughter & only Heir, a Minor, to be improved
for her best Advantage ; & the Principal & Interest remaining, to be
paid the s'' heir, at the time of her Marriage, or Arrival at Age, which
shall first happen, provided the Pef observe the Direction of the Prov-
ince Law, made in the sixth Year of his late Majesty King George

1 Sic.

188

Province Laws (i?eso?yes,e^c.). — 1748-49. [Chaps. 130-132.]

the V^ relating to Exec" & Admin" Sale of real Estates, & give Secu-
rity to the Judge for Probate of Wills &c. for the County of Middle-
sex, that the Principal Sum allow'd her as afores*^ shall at her Death,
be paid back to the right Heirs of the s^ Deceased ; As also that the
said Gaurdian give Security to the s*^ Judge for the faithful Discharge
of the Trust afores**, & to Accompt with the said Minor, when married
or arrived to full Age, or at such other Time as the Judge aforesaid
shall appoint. [Passed November 18.

CHAPTER 130.

ORDER IMPOWERING JN" LARRABEE TO MAKE UP HIS VICTUALLING

ACCOUNT.

Legislative
Records of tlie
Council, xviii.,
389. Mass.
Archives,
Ixxiii., 254.

House Jour-
nal, pp. 90,106.
Ante, p. 121,
chap. 305.

A Memorial of John Larrabee Victualler of the Garrison at
Castle AVilliam setting forth the Dearness of Provisions, & pray-
ing for an Advance on the xlllowance last made for victualling the
said Garrison.

Read and

Ordered that the Memorialist be allowed to make up his last half
Year's account of Victualling the Garrison at forty Shillings per
Week in consideration of the dearness and Scarcity of Provisions
for that time and that for the next Six Months the Account be made
up at 38/ ^ Week Old ten. [Passed November 19.^

CHAPTER 131.

ORDER DIRECTING THE DISCHARGE OF ROB^ CLARKE FROM PRISON.

Legislative
Records of the
Council, xviii.,
418. Mass.
Archives, xlii.,
738.

Mass.

Archives, xlii.,
736. House
Journal, pp. 89,
107. Province
Laws, xiii., 717,
chap. 368.

A Petition of Robert Clark a Prisoner in his Majesty's Goal in
Boston, setting forth the Great Miseries he hath endured in his
long Imprisonment, acknowledging his great Offences & the Jus-
tice of this Government in their Proceedings against liim, & ear-
nestly supplicating the Mercy of this Court that they would discharge
him from his Imprisonment.

Read and

Ordered that the Pef be discharged from his Confinement He first
paying reasonable Prison Charges

Ordered also that the King's Attorney be directed to Enter a Nolo
Prosequi upon the Presentments above mentioned at the Sup'' Courts
of Plymouth and Middlesex. [Passed Xovemher 19.

CHAPTER 132.

ORDER IMPOWERING SARAH PRINTER AND ABIGAIL ABRAHAM,
INDIANS, TO SELL LOTS.

Records'of the '^ PETITION of Sarah Printer & Abigail Abraham formerly Abigail
Council, xviii., Printer, Indian AVidows of Grafton, shewing that they together Avith

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is October 29.

[2d Sess.] Province Imws (^Resolves, etc.). — 1748-49. 189

Martha Printer, a Minor, are seized of a valuable Estate in Lands in 4i8. Mass.
said Place, which all lies together, except two thirty Acre Lots which xxxlJcoi.
are at a distance & will be much more for their Advantage if they jj.,gg_

were sold and the Money improved for them. Therefore praying that Archives,

1 */ o XX xi 600

the said two Lots may be sold accordingly. Province'

Read, and John Chandler Esq"", one of the Trustees for the Has- Jifa^^227"■'^^^'
sanamisco Indians, having certified his Knowledge of the Facts Set
forth in the Petition and that the granting the Prayer Thereof will
be of Service to the Petitioners

Ordered that the Prayer of the Petition be granted And that the
Petitioners be and they hereby are allow'd and impowered (with the
Advice and assistance of the said Chandler and the other Trustees
of the Said Hassanamisco Indians) to Sell the two thirty Acre Lots
within mentioned to such Person or Persons as Shall give most for the
Same, and to execute in due form of Law a Deed or Deeds for the
Conveyance thereof: And that the Said Trustees recieve the Produce
of the Premises and apply the Same so as they judge may be most
for the advantage and Comfort of the Petitioners and the within
named Martlia, the Minor; and that the Trustees be accountable
to this Court.' \^Passed Novemher 19.

CHAPTER 133.

ORDER ALLOWING £51. 13 TO COL" JAM^ OTIS.

An ArcoMPT presented by CoP James Otis of Sundry Services Legislative
by him performed for the Publick with Charges, Amounting to councu^ xvfu^
the Sum of £51. 13. 4-2o. '" "

[Read and] House Jour-

Orf/emZ that this Accompt be allowed, & that the Accomptant °ai' pp- i<*7, no.
be allowed out of the publick Treasury Fifty one Pounds thirteen
Shillings to be by him repaid to whom it is due. \^Passed Novem-
ber 21.

CHAPTER 134.

ORDER ALLOWING £30 TO CAP^ HUMPHRY HOBBS.

A Petition of Cap' Humphry Hobbs, Praying that he may be Legislative
allowed the Bounty Money which he had engaged to pay to five councif xvm^
men he had enlisted for the publick Service at the Fort at Number 42o. Mass.
Four, in the room of five men of his Soldiers captivated & killed ixxui'Illi.

by the Enemy & that he may be allowed for the Money necessarily Mass.
expended for the Subsistence of his Company beyond the common ^^'ij^Ho
stated Allowance House'jour.

Read and Ante, p. i82,

Ordered that the Sum of thirty pounds be allowed out of the ^bap. ii4.
Treasury to the Pef in consideration of the services herein men-
tioned. \^Passed Novemher 21.

^ Not found in the House Journal.

190

Frovince Laws {Besolves, etc.). — 1748-49. [Chaps. 135-138.]

CHAPTER 135.

Legislative
Records of the
Council, xviil.,
420.

House Jour-
nal, p. 108.

ORDER ALLOWING £48, 7. 32 TO THO^ FOSTER, ESQ*.

An Accompt presented by Thomas Foster Esq"" one of the Trus-
tees of the Pigwacket Indians of the Charges expended for their
Maintenance Am" to y"^ Sum of £48. 7. 3f .

Ordered that the Accomptants be allowed out of the Treasury
Forty Eight Pounds seven Shillings & three pence f in full Dis-
charge thereof. [Passed November 21.

CHAPTER 136.

Legislative
Records of the
Council, xviii.,
418. Mass.
Archives, xii.,
529.

Mass.

Archives, xii.,
530-534. Legis-
lative Records
of the Council,
xviii., 147.
House Jour-
nal, pp. 25, 29,
111. Province
Laws, xiii., 695,
chap. 301.

ORDER SETTING OFF THE ESTATES OF SAMUEL DRESSER AND OTHERS
FROM THE FIRST PARISH OF IPSWICH TO THE FIRST PARISH IN
ROWLEY.

Sam^'' Watts Esq^ from the Committee on. the Petition of Samuel
Dresser & others [Province Laws, xiii,, 695, chap, 301] gave in their
Report thereon,

[Report] Read and Accepted and

Ordered That the Said Samuell Dresser and the Six other Persons,
mentioned in the Report, together with their Estates, as also the
Estates of Francis and Jonathan Pickard, lying on the North Side
of Egypt River, (which do not now belong to the West Parish in
Ipswich) be and hereby are, to all Intents and Purposes Set off from
the first Parish in Ipswich and annex'd to the first Parish in Rowley.
[Passed November 22.^

CHAPTER 137

Legislative
Records of the
Council, xviii.,
421. Mass.
Archives, xx.,
476.

House Jour-
nal, p. 112.
Province
Laws, iii., 4.56,
note.

VOTE IMPOWERING M"* AGENT BOLLAN TO GIVE DISCH* TO Y'' LORDS
OF Y'^ TREASURY,

Voted that William Bollan Esq Agent for this Province at the
Court of Great Britain be & the said William Bollan Esqr is hereby
authorized and impower'd to give a full & ample discharge to the
Right Honourable the Lords Commissioners of his Majestys Treas-
ury for the Sum granted by parliament in order to reimburse the
Expence the Province have been at in taking & securing Cape Breton
upon such Sums being deposited in the Bank of England for the Use
and Order of the province, [Passed November 22.

CHAPTER 138

Legislative
Records of the
Council, xviii.,

Arehi'^esT' ORDER ALLOWING £1,500 TO Y^ COM'^e^ FOR REPAIRING THE COURT

xlix., 238.

HOUSE,

na^i^p^ iiT^ Ordered that the Sum of fifteen Hundred pounds be paid out of

^h'ap. 276^-^*'' ^^^ Treasury into the hands of the Comm^ app*'^'' to take care of
p. 153, chap. 28. the repairs of the Town House &c They to be accountable, [Passed
November 22.

' This date is according to Mass, Archives and the House Journal ; according to Legis-
lative Records of the Council the date is November 19,

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 191

CHAPTER 139.

ORDER ALLOWING £1,29L 17. 3 TO Y^ COM^ee fqR REPAIRING CASTLE W«. Legislative

Records of the
Council, xviii.

Ordered that the Sum of Twelve hundred and Ninety one Pounds IH:

seventeen Shillings «& three pence be paid out of the publick Treas- House Jour-
ury to the Committee appointed to take Care of the Repairs of Castle Province "
William &c. To be by them repaid to whom due. \^Passed Novem- chap^lo" m!'
her 22. chap'. 26i.'

CHAPTEE 140. Kro7the

Council, xviii.,
421. Mass.
ORDER ALLOWING THE USUAL WAGES TO Y^ CAP"^ & MEN OF THE Archives,

MASS* FRIGATE. ^^''^•' 3^3-

House Jour-

Ordered that Usual Wages be allowed to the Captain and two Xtef p. leo.
Men only on board the Mass*' Frigate till the first day of March chap. 48.
next. \^Passed November 22.

CHAPTER 141.

ORDER IMPOWERING COMMISS^^ TO TREAT W^" OTHER COMMISSIONS^
ON THE DIVISION OF THE PARLIAMENTARY AWARD.

Ordered that the Commissioners app*'^'' by the General Court in Legislative
Febry. 1747 to treat with the Commissioners of the Neighbour- councn", xlin^,
ing Goverments upon the most beneficial Method for applying the 422. Mass.

• • X-Lfc/O A.rcnivG8 vi

money granted by Parliment, be impowered and directed to treat 64. ' '
with such Commissioners as may be app*'''' by the other Goverm*% House Jour-
pursuant to the Vote of the Court in their present Session. \^Passed ^lle'v^k
November 22. chap'. 245; '

p. 165, chap. 63.

CHAPTER 142.

ORDER GRANTING TO PETER CADE LICENCE TO KEEP A TAVERN.

A Petition of Peter Cade of Cambridge, Shewing that he is Legislative
lately removed into a House in said Town which is very commo- councf f, xviix,

diously situated & fitted for a Tavern or Inn & has been many ^

Years improved as such ; And therefore praying that the Court of Mass.
General Sessions of the Peace, may be impowered to grant him a 153. House "'
Licence to keep a Tavern in said House Eead & Journal, p. 111.

Ordered that the Prayer of the Petition be granted, & that the
Justices of the General Sessions of the Peace for the County of
Middlesex, be & hereby are impowered, at their next Sitting, (if
they see Cause) to grant the Petitioner a Licence for the Purpose
within mentioned; The Time by Law limited for granting Licencies
being elapsed Notwithstanding, he obtaining the Approbation of the
Select Men of Cambridge. \^Passed November 22.

192

Province IjAW^ {Resolves, etc.) . — 1748-49. [Chaps. 143, 144.]

CHAPTEK 143.

ORDER DIRECTING THE COMMISSARY GENERAL TO SETTLE THE AC-
COUNT OF EBENEZER PROUT.

Legislative
Records of the
Council, xviii.,
422.

Mass.
Archives,
Ixxiii., 215.
House Jour-
nal, pp.81, 102.
Ante, p. 131,
chap. 342.

A Petition of Ebenezer Front a Commissary in the late Expe-
dition against Cape Breton, shewing that having obtained an Order
of the General Court that the Commissary General should pay him
for sundry Provisions he supplied the Soldiers with out of his own
Stock, the Commissary Gen' declines paying any more than the Price
of said Provisions at the time when they were supplied, praying that
he may have a reasonable Allowance for these Stores & also that he
may by order of this Court be enabled to satisfy the Soldiers he was
concerned with for the Arrears of Provisions due to them & that he
maybe paid for the Cloathing supplied them out of his own Stores.

Eead &

Ordered that the Commissary General be directed to allow the
Petitioner (at the Rates allowed for each Specie to any Sub Com-
missary) for six thousand one hundred & twenty six pounds of
Bread, & seven thousand three hundred & eighty two Jills of Rum.

Ordered also that the s'' Commissary General be directed to make
a reasonable Allowance in Money to the Soldiers (or their Order)
belonging to the Regiment late under the Command of CoP Hale
at Louisburg, to whom any Provision shall appear to be due from
the Province, And in as much as the Petitioner supplied many of
those Soldiers out of his own private Stock with Cloathing & other
Necessaries when the publick Stores were exhausted.

Ordered that upon the Petitioner's making out an Acco* of those
Debts on Oath, & lodging the Same in the Commissary General's
Office, That the said Commissary be directed & impowered to stop
the whole or so much of the said Allowance (for the Use of the
Petitioner) as shall appear to be due to him from said Soldiers re-
spectively. \^Passed Xoveinber 22.

CHAPTER 144.

TiCgislatlve
Records of the
Council, xviii.,
422. Mass.
Archives,
Iviii., 340.

House Jour-
nal, pp.103, 111.
Ante, p. 175,
chap. 92.

ORDER ALLOWING £50 TO D'' EDWARD WIGGLESWORTH.

A Petition of D"" Edward AVigglesworth, Professor of Divinity
at Harvard College, Praying for some further Allowance from this
Court for the Support of his Family, which has been visited with
great Sickness.

Read and in answer

Ordered that the Sum of fifty pounds be allowed the Memorialist
out of the publick Treasury over and above the Grant already Passd
this Court, [^Passed November 22.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 193

CHAPTER 145.

ORDER GRANTING TO PHIL. MASTERS LICENCE TO RETAIL STRONG

DRINK.

A Petition of Phillip Masters of Boston, praying that the Jus- Legislative
tices of the County of Suffolk in their next Court of General Ses- councfi^, xvi*u.^
sions of the Peace, may be inipowered to grant the Petition'' a *26. Mass.
Licence to retail strong Drink in the House where he dwells in cxix., 412.
the said Town Mass.

Read and t^i^^^m.

Ordered that the Justices of the Gen' Sessions of the Peace for House Jour-
the County of Suffolk be allowed and inipowered if they see cause ^^ '^'
to grant the Pef a Licence at their next Sitting He first obtaining
the approbation of the Select Men of Boston The time for

granting Licences being elapsed notwithstand^. [^Passed Novem-
ler 23.'

CHAPTER 146.

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON THE PET" OF
THE S" PART OF CAMBRIDGE AND ORDER REFERRING THE MATTER.

A Petition of Benjamin Dana & others a Committee of the Legislative
Lihabitants of the South part of the Town of Cambridge, Setting QoJ'inc'lf xvm^,
forth the great Inconvenience they are under for attending the 307,421.' Mass.

Archives cxv

publick Worship in the Body of the Town, Therefore praying to 437. ' " "'
be set off a separate Precinct, Legislative

The Comtee of the pet" of Benj^ Danna, and others Inhabitants gJj^cff.xiiiL,
on the south side of Charles River in the Town of Cambridge have 307,336,363.
attended that service and are Humbly of Opinion That the Inhabi- nai"p! 231^'
tants and the Estates Lying on the south side of s"^ River be made lp^''265^'27Jf2sb
a Distinct & separate precinct Excepting the following persons and (April,' i748);
their Estates Viz' Dan'' Dana Thomas Dana Caleb Dana BenJ'' ^^" ' '
Cheeney John smith Thomas Dana Ju"" Dan" Dana Ju'' Thomas
Cooledge John smith John Cheeney and Benj'^ Crack bone Unless
the afore Mentioned Eleven persons or eitlier of them shall Declear
their Willingness to joyn to the s'' precinct by Lodging their Names
in the secretarys Oflfice with in two Years from this Time; Exceping
also those Lands that belong to the Ministry and the Inhabitants
of the first parish on the North side of s'' River, The Cointee are
also of opinion that the above propos^ precinct be Excused from
paying any parish Taxes to the first parish in s'' Town theaf are
made after the Year 1747 And in as much as by Erecting the New
parrish propos*^ the first precinct in S'' Town will be Considerably
straitned the Comtee beg Leave further to Report that there are
a Number of families Adjacent thereto that do not belong to S''
parrish yet Constantly attend the publick Worship of God there
(as We are informed) that are Commodiously scituated to be An-
nexed thereto Without Notable (if any) Inconvenience to the Towns
to which they belong

Which is Humbly submitted
Nov^ 19"^ 1748 ^ Sam'-'' Watts ^ Order

* There is some confusion in regard to the date of passage in this case.
= Sic.

194

Province Laws {Resolves, etc.'). — 1748-49. [Chaps. 147, 148.]

In Council Read & Accepted &

Ordered that all the Inhabitants & the Estates lying on the South
Side of Charles River in Cambridge, be & hereby are set off from
the first Parish, & to all Intents & Purposes, & erected into a dis-
tinct & separate Precinct, to do Duty & receive Priviledge, as other
Precincts witliin this Province, do, or by Law, ought to enjoy, ex-
cepting the Persons hereafter named, & their Estates viz. Daniel
Dana, Thomas Dana, Caleb Dana, Benjamin Cheney, John Smith
Thomas Dana Jun'', Daniel Dana Jun'' Thomas Coolidge, John Smith,
John Cheney & Benjamin Crackbone, unless the said Eleven Per-
sons, or any of them, shall manifest their Desire, to Join to said
Precinct, by giving their Names into the Secretary's Office, within
two Years from this Time, excepting also such Lands as belong to
the Ministry, & to the Inhabitants of the first Precinct in Cam-
bridge aforesaid ; And it is also

Ordered that the above proposed Precinct be exempted from pay-
ing any Taxes to the s*^ first Precinct, that have been made since the
Year 1747.

In the House of Rep"" Read and

Ordered that the Consideration of the above Vote be refer'd till
the next Sitting of this Court and that the Pef' be Exempted from
all Parish Taxes to the first Precinct in the mean time.

In Council Read and Concurred. \^Pa8sed November 23.'

Legislative
Records of the
Council, xviii.,
413. Mass.
Archives,
Iviii., 355.

Mass.
Archives,
Iviii., 354.
Legislative
Records of the
Council, xviii.,
487. House
Journal, p. 114.

CHAPTER 147.

ORDER WITH STAY OF PROCEEDINGS REFERRING THE MEM" OF THE
PRESIDE & FELLOWS OF HARVARD COLLEGE IN REGARD TO TAXES.

A Memorial of the President & Fellows of Harvard College in
Cambridge complaining that the Assessors of the Town of Boston
have taxed Edward Hutchinson Esq'' Treasurer of the said College
for the College Monies by him let out; which the Memorialists ap-
prehend to be a manifest Violation of their Charter Priviledges,
And therefore praying that this Court would give Order for redress-
ing the said Grievance

Read and

Ordered that the Consideration of this Memorial be referd till
the next Setting of this Court, and all Proceedings with respect to
the Taxes within mentioned are Stayed in the mean time. [Passed
November 23.^

Legislative
Records of the
Council, xviii.,
398. Mass.
Archives,
cxix., 409.

CHAPTER 148.

ORDER GRANTING TO SENDALL WILLIAMS LICENCE TO RETAIL LIQUOR.

A Petition of Sendall Williams, Shewing that he has been for
many Years licenced as a Retailer of strong Drink in the Town of
Boston, & being now removed to a House in Purcliase Street near
Fort Hill, Therefore praying tliat the Court of General Sessions of

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is November 22.

- This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is November 17.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 195

the Peace for the County of Suffolk may be impowered at their next ¥^*^j^g
Term, to grant him a Licence to retail in said House. cxix., m.

Read and ^Zln^'

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Suffolk be impowered if they See cause to grant the
Pet" a Licence (He obtaining the approbation of the select men of
Boston) the time therefor being elapsed notwithstaudiug. \^Passed
November 23.'-

CHAPTER 149.

ORDER REFERRING THE CONSIDERATION OF Y^ AFFAIR OF Y^ REIM-
BURSEM^ FOR CHARGE OF THE LOUISBURG EXPEDITION.

Voted that the Consideration of what is further necessary to be Legislative
done for redeeming or exchanging the Bills of Credit & bringing councir xvin^
to a period the paper Currency of the province & for applying to 424. Mass.
those purposes in the best manner the Grant made by the parlia- 397? ^^^ ' ^"''
ment for reimbursing the Expence of taking & securing Cape Breton House Jour-
be referr'd to the next Sitting of the Court and the Members of both ^\li}^- ^^f^^
Houses are requir'd to give their Attendance on the first day of the chap! 141.
Courts meeting. [Passed Nove^nber 23.

CHAPTER 150.

ORDER GRANTING TO JOHN LOWDER LICENCE TO RETAIL STRONG

LIQUORS.

The Petition of John Lowder, praying the Justices of the Gen- House Jour-
eral Sessions for SiiffoJk may be allowed to grant him a Licence. Mass!' ^^^'

Read & Archives,

Order\l that the Prayer of this Petition be so far granted as that ^^^ — -^— -
the Court of General Sessions of the Peace next to be holden in & Archives,
for the County of Suffolk be and they are hereby impower'd to grant cxix., 405-407
Licence to the Petitioner (if they see cause) to Retail strong Liquors
(he first obtaining & producing the approbation of the Select men
of s*^ Town of Boston therefor as the Law directs) the Time for
granting Licences being elapsed notwithstanding. [Passed Novem-
ber 23.

CHAPTER 151.

ORDER ALLOWING £10 TO SAM'- PAYNE.

A Petition of Samuel Payne, praying for some Allowance from Legislative
this Court in Consideration of his Sufferings while in the Service councif, xlmt
of this Province by being captivated & grievously wounded by the 425. Mass.

TTT71 ./or o J J Archives,

Indian iinemy. ixxiii., 248.

Read and Mass.

Archives,
^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is November 8.

196

Province Ijaws {Resolves, etc.). — 1748-49. [Chaps. 152-154.]

House Jo'iir Ordered that ten pounds be allowed out of the Treasury to be

nai, p. 113. put into the hands of And'"" Oliver Esq' for the Benefit of the Pef.
[Passed November 23.

CHAPTER 152.

ORDER FOR STAY OF EXECUTION ON THE PET« OF D^ W*" RAND.

Legislative
Records of the
Council, xviii.,
425. Mass.
Archives, cv.,
308.

Mass.
Archives.
Ixxiii., 13-2, 134;
cii., 327; cv.,
307. Legisla-
tive Records of
the Council,
xvii., Mis., .'544;
ibid., xvii. (4),
207. House
Journal, p. 265
(April, 1748) ;
p. 114.

A Petition of D'' William Eand shewing that he is liable to be
served with an Execution in the hands of the Sheriff of the County
of Suffolk for £1,000, due from the Petition'' to the Province, but
for as much as the Province is considerably more in his Debt & his
Demand now lies before this Court, Therefore praying that the said
Execution may be stayed till the other Affair be determined, & that
the Court would consider his other Petition on this Matter.

Eead, and

Order\l that the Prayer of this Petition be granted, and y' the
Committee on the Petition within referr'd to make Report at the
next Sitting of this Court and that the Execution within mention'd
be stayed in the mean time. [Passed November 23.

CHAPTER 153.

ORDER ALLOWING £12 TO ABRAH'^ BELKNAP.

Legislative
Records of the
Council, xviii.,
425. Mass.
Archives, cv.,
312.

Mass.

Archives, cv.,
311. House
Journal, p. 113.
Ante, p. 53,
chap. 132;
p. 95, chap.
242.

A Petition of Abraham Belknap Door Keeper to this Court,
shewing that altho the Court made Provision for his Sujoport, from
the Time of the Death of M' Hubbard the late Door Keeper, yet
they have made no Grant to him for two Months Service during
M'' Hubbard's Sickness, Praying that they would make him a Grant
for that Service

Eead and

Ordered that the Sum of twelve pounds be allowed out of the
Treasury to the Pef in consideration of the service within men-
tioned. [Passed November 23.

CHAPTER 154.

Legislative
Records of the
Council, xviii.,
290. Mass.
Archives, xii.,
.528.

Legislative
Records of the
Council, xviii.,
358, 3'.t3, 420.
House Jour-
nal, pp. 21, 74,
113.

ORDER REFERRING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF JAMES MINOT, ESQ«, & OTHERS IN REGARD TO A MINISTE-
RAL TAX.

A Petition of James Minot Esq' & Jonathan Buttrick a Com-
mittee for the West Congregation in Concord shewing the great
Difficulties they are under by reason of the Contentions (between
the two Societies in said Town) respecting the Support of the Min-
istry, & praying that this Court would Order that the Ministers of
both Societies may be supported by a joint Tax.

The Comitte to whome was referr'd y*^ Peti" of James Minot Esq
& Others Having Fully heard y*" Parties & Considered their Case,
are of y® Opinion That this Petition be refered to y* Session of
this Court in May next for further Consideration And That In the

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 197

mean time the Petiti" (by y'' Advice of y® Eeverend Ministers who
were Chosen by botli parties, in May last to Advise them Under
their Difficultys) procure Some Suitable person to preach y^ Gos-
pell Among them, and y'' The Charge Thereof as also y" Salery of
M' Bliss be born for That time by y'= Pet" and Non pef' And That
It be further Earnestly recomended to the parties by y*^ time to
Come into Some agreement among themselves
all which is Humbly Submitted

By John Cushing ^ order

Read &

Ordered that this Eeport be refer'd for further consideration to
the next Sitting of this Court; And that it be recommended in the
mean time to the Parties concerned to agree upon the Matters in
difference among them selves. ^Passed November 23.

CHAPTER 155.

ORDER GRANTING LICENCE TO JOS. GREENLEAF & JONATHAN PRES-
COTT TO SELL LIQUOR.

A Petition of Joseph Greenleaf & Jonathan Prescott of Boston Legislative
Distillers, praying that the Court of General Sessions of the Peace counctf.xviK

for the County of Suffolk, may be impowered to grant them a Licence ^

to retail at their Still House, as other Distillers are allowed to do.

Read &

Ordered that the Justices of the General Sessions of the Peace
■for the County of Suffolk be allowed, if they see Cause, to grant
the Petitioners a Licence, they first obtaining the Approbation
of the Selectmen of tlie Town of Boston ; The time for granting
Licencies being elapsed Notwithstanding.' \^Passed Novemher 28."

CHAPTER 156.

ORDER ALLOWING £6 TO PATRICK BURN,

A Petition of Patrick Burn a Soldier in the late Expedition Legislative
against Cape Breton, praying for some Allowance for Wounds he coundf.xvm^,
then received, whereby he is still disabled to support himself & 428. Mass.

-r^ ., ' •' ^^ Archives,

-b amily. ixxiii., 214.

Read and Mass.

Ordered that the Sum of Six pounds be paid by the Comm^'^ of j^^i^.^lu.

War to the Select Men of Wenham or their Order for the Use of House\four.^
the Pet^ [Passed December 22. m'.^Ante, '

p. 42, chap.
' Not found in the House Journal. 100.

!> Adjourned to December 21. See Legislative Records of the Council, xviii., 487.

198

Province IjAW^ {Resolves, etc.) . — 1748-49. [Chaps. 157-160.]

Legislative
Records of the
Council, xviii.,
428. Mass.
Archives, <-xi.,
152.

Ante, p. 164,
chap. 58.

Legislative
Records of the
Council, xviii.,
429. Mass.
Archives,
Ixxiii., 290.

House Jour-
nal, p. 118.

CHAPTER 157.

ORDER GRANTING TO WALTER SMITH LICENCE TO KEEP A TAVERN.

On the Petition of Walter Smith \^ante, p. 164, cliap. 58]
Whereas it appears to this Board that there is a Mistake in the

Vote above written, tlie Petition'' desiring to keep an Inn or Tavern

& not to be a Retailer;

Ordered that the Justices above mentioned be impowered to grant

him a Licence to keep an Inn or Tavern accordingly.' \^Passed

DecenYiber 22.

Legislative
Records of the
Council, xviii.,
428. Mass.
Archives,
Ixxiii., 289.

House Jour-
nal, p. 117.

CHAPTEE 158.

ORDER DIRECTING THE PAYMENT OF THE WAGES OF JOHN FROST TO

HIS FATHER.

Ordered that the Treasurer be directed to pay to the Order of
Sam' Frost the Wages due to his Son John Frost, Who was kill'd
in the Service of the Countrey. The s^ Samuel to be accountable to
any Adm"" who may be appointed upon the Estate of the Deceas'd.
[^Passed December 23.

CHAPTER 159.

ORDER DIRECTING PAYMENT OF INHABITANTS OF NARRAGANSETT
NO 2 & LEOMINSTER FOR THEIR SERVICE AS SCOUTS.

Whereas the Inhabitants of Narr^ N" 2 and Leominster have
been employed alternately as Scouts.

Ordered that upon A Muster roll being laid before the Gov'' and
Council expressing the whole time of Service of said Scouts with
the Amount of the whole Sum due and the same being approved,
That the Treasurer be thereupon directed to pay to Edward Hart-
well Esq"" the Amount of said Roll to be repay'd to each of said
Inhabitants in proportion to the Service they have done, although
the name of every particular Inhabitant be not inserted in said
Roll : any order or rule for making up Rolls in a different manner
notwithstanding s*^ Hartwell to be accountable. {^Passed Decem-
ber 23.'

CHAPTER 160

VOTE ALLOWING £50 TO LIEU^ JN" LARRABEE.

Legislative
Records of the
Council, xviii.,
429.

House Jour-
nal, p. 118.

Voted that the Sum of Fifty Pounds be granted & allowed out
of the publick Treasury to John Larrabee Lieutenant of his Maj-
esty's Castle William in Consideration of his extraordinary Expence
the last Year. [Passed December 24.

^ Not found in the House Journal.

^ There is some confusion in reaard to the date of action in this case.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 199

CHAPTER 1(31.

ORDER ALLOWING A GUN TO EBEN» FOSTER.

A Petition of Ebenezer Foster of Chelmsford; praying that he Legislative
may be allowed for a Gun he furnished his Son (a Soldier in the counc*if xvm?
publick Service) with, which was taken from him by the Indian 429- Mass.

T-, ' •' Archives,

Enemy. ixxiu., 267.

Read and in Answer House Jour-

Ordered that the Commissary Gen' be directed to deliver to Cap* °^'' p- i^^-

Sam' Chamberlayne a Gun out of the Province Store for the Use

of the Petitioner. \Passed December 24.

CHAPTER 162.

ORDER IMPOWERING DOROTHY CUTTER, ADM^, TO EXECUTE DEEDS

OF AN ESTATE.

On THE Petition of Jeremiah Powell Esq"" & Nicholas Loring, Legislative
[ante, p. 113, chap. 284] S^.^^'viK

Read together with the Answer of Dorothy Cutter Adm'' of the 43o. Mass.
Estate of the within-named Amiru'' Cutter. And 258.

Ordered That Upon the Pef' procureing and Delivering to the Mass.
Said Dorothy a good Deed of Release and Quit Claim to Lott W' 4^257.° Hou^e
14 referred to in the Pet" for the use of the Heirs of the Said Journal, p.m.
Amiruhamah, the Said Dorothy be and hereby is Authorized And chap! 284. '
Impowered to give a Deed of Release of Lott N" 1(3 in the Same
Division to the Petif Loring for the Use of the Ministry; in the
Town of North Yarmouth. [Passed December 26.

CHAPTER 163.

ORDER ALLOWING £19 TO BENJ-^ TAINTER.

A Petition of Beniamin Tainter Setting forth his Losses & Legislative
Sufferings by means of his Captivity among the French & Indian council, xviii.,
Enemy, Praying for an Allowance from this Court, in Considera- Archives*^'
tion of his being taken while he was a Soldier in the Service of ixxiii., 200.
the Province. Mass.

Tj 1 T Archives,

Read and ixxui., 199.

Ordered that the Sum of Nineteen pounds be allowed the Pet^ Kpp^iiM22.
out of the publick Treasury in full consideration for his Services
and Sufferings herein mentioned. [Passed December 27.

200

Provlnce Laws {Resolves, etc.). — 1748-49. [Chaps. 164-166.]

Legislative
Records of the
Council, xviii.,
429. Mass.
Archives, cii.,
398.

House Jour-
nal, pp. 82, 83,
119. Ante,
p. 57, chap.
145.

CHAPTER 164.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE AND DISCHARG-
ING THE PROVINCE TREASURER OF £8,299. 11. 4 TORN AND DEFACED
BILLS OF CREDIT.

The Committee appointed by the General Court to repair to the
Treasurer's Office to take an Accompt of the torn & defaced Bills,
now lying in his hands unfit for Service, & to consume them to
Ashes, have accordingly attended that Service, & have received of
the said Treasurer Three thousand nine hundred & seventy two'
Pounds ten Shillings Old Ten"" Bills, Six hundred & sixty seven
Pounds three Shillings & four Pence Middle Tenor Bills, & Three
thousand six hundred & fifty nine Pounds eighteen Shillings &
four pence last Emission Bills & have consumed them to Ashes
In the Name of the Committee.

J. Osborne.

Eead and Accepted and

Ordered that the Treasurer be discharg'd of said Sums accord-
ingly. \^Passed December 28.^

CHAPTEE 165.

ORDER APPOINTING A COMMITTEE TO INQUIRE INTO AND REPORT THE
SEIZURES MADE UNDER ANY ACT OF THIS PROVINCE.

Legislative
Records of the
Council, xviii.,
431. Mass.
Archives,
Ixiv., 325.

House Jour-
nal, p. 123.
Province
Laws, i., 119,
chap. 5; 273,
chap. 3; 392,
chap. 15.

In Council

Ordered that Jacob Wendell & Andrew Oliver Esq''^ with such
as the lion'''® House shall join be a Comm'^'^ to make Inquiry and
receive the Accompt of such Seizures as have been made in this
Province in Consequence of any Act or Acts whereby a Part of
said Seizures accrue to the Province, & make Eeport as soon as
may be of the State of said Account, that so this Court may give
Orders for the Payment of the Ballance due upon said Accounts.
In the House of Eep^'**

Eead and Concur'd and M"" Speaker Col° Otis and Maj"" Bradford
are Joyned in the affair. [^Passed December 28.

CHAPTER 166

ORDER APPOINTING A COM^^-^- TO MAKE SALE OF Y^ PROVINCE SHIP.

Legislative
Records of the
Council, xviii.,
431. Mass.
Archives,
Ixiv., .327.

House Jour-
nal, pp. 121, 124.

In the House of Eep^'*^*
Ordered that M' Hall M"" Foster and M' Eussell with such as the
Hon'''® Board shall Joyn be a Committee to make Sale of the Prov-
ince Ship * and her appurtenances, and report thereon.
In Council
read & Concurr'd & Jacob Wendal & Ezek' Chevers Esq" are
joined in the Affair. {^Passed December 28.

* This date is according to Mass. Archives; according to Legislative Records of the
Council and the House Journal the date is December 24.
^ The endorsement on MS. says, " Ship Mass" Frigate."

[2d Sess.] Province Laws {Resolves^ etc.). — 1748-49. 201

CHAPTER 1(37.

ORDER ALLOWING £3 TO ITHAMAR COMBS AND £2. 10 TO WILLIAM

REED.

A Petition of Ithamar Combs & William Eead of Rochester, Legislative
praying to be reimbursed out of the publick Treasury for the Bills councif °* ^•'^''
of Credit which both of them lost in the Fire which consumed the 432. Mass.
Dwelling House of the said Combs in April last. ixxxvli!^44.

Eead and House .lour-

Ordered that the Treasurer be directed to pay to M"" Elnathan °*'> p- i-^-
Walker three pounds for the Use of the abovenamed Combs. And
two pounds ten shillings for the Use of the abovenamed Reed in
consideration of the Loss mentioned. \^Passed December 29.

CHAPTER 168.

ORDER ACCEPTING THE ADDITIONAL REPORT OF THE COMMITTEE
APP™ ON MED WAY, HOLLISTON, BELLINGHAM AND WRENTHAM AND
ERECTING PORTIONS THEREOF INTO A SEPARATE PRECINCT.

James Minot Esq* from the Committee of both Houses on the Legislative
Petitions of divers Inhabitants of Medway, Bellingham, Wrentham Records of the
&c. gave in a second or additional Report 436. Mass. ''

The Com"'' appointed to View the Situation and Circumstances ^4^285?'^' ^^^"'

of a Number of the Inhabitants of Medway Holliston Bellingham ^^[^^

and the westerly Precinct in Wrentham; which Pray they may Archives, cxy.,

be Set of as a Distinct Precinct: we having Viewed the Same; lativeReco^s
heard the Parties Concerned, and on the whole are of opinion that xviii^ 397" «o '
the Prayer of the Petitioners be So far granted as that all the In- House Jour- ^_
habitants with the Estates Contained within the bounds Petitioned \2%'.^^^Ante', ""'
for be Set of as a Distinct and Seperate Precinct and to be Vested ^- ^^"' ^^'''P' *^-
with the Powers and Privilidges as other Precincts Enjoy

Excepting the Persons with the Estates hereafter Mentioned Viz
William Richardson and Mallica Bullard in Medway, and Joseph
Alles in wrentham with their Estates; as allso the lands in Holis-
ton not Included within the Bounds hereafter mentioned; Viz from
the Southerly Corner of Mfendon thence Easterly on the line between
Bellingham and Holiston to John Hills land in Holiston and Includ-
ing s*^ Hills home Place : thence Including Eliazer Adams Jun"' home
Place to medway line thence on Medway line Notherly to George
Demings in medway thence Including s** Deming's Home Place as
Discribed in the Petition

and as to the Petitioners in Medway Desiring to be laid to Holis-
ton they Did not appear to Supj^ort their Request in s'' Petition

we have allso Considered the Circumstances of Bellingham and
find them in an unhappy Situation: and little or no Prospect of
Enjoying the Gosple with them at Present

and whereas this Honoured Court Directed the Inhabitants of
Bellingham to lay before s'^ Court a list of their names: and of
the Towns or Precincts whereunto they Desired Severally to be
annexed as to the Enjoyment of Ecclesiastical Priviledges in June
1747

we are therefore of opinion that the Remaining Inhabitants

202

Provixce Laws (i2e.so/ye5,e^c.). — 1748-49. [Chaps. 169, 170.]

of Bellingham who are not Includid in this new Proposed Pre-
cinct Enjoy Privilidge and Do Duty in the Town or Pre-
cincts whereunto tliey Respectively have Desired to be annexed
as in a Schedule by them Signed: as to Ecclesiastical affairs Till
further order of this Court

All which is Humbly Submitted : James Mixot ^ order

Read &

Ordered that this Report be accepted, & that the Charge of the
Committee be born by the Inhabitants of the Precinct hereby ordered
to be made & constituted And that the Pet" pay their proportion to
the several Parislies (to which they have respectively belonged) of
all Parish Taxes which have been already granted and laid upon the
said Pet". [Passed December 29.'-

CHAPTER 169.

Legislative
Records of the
Council, xviii.,
43-2. Mass.
Archives, cv.,
313.

House Jour-
nal, p. 127.

ORDER CALLING A TOWN MEETING IN THE TOTVTST OF HULL.

A Petition of Caleb Loring in behalf of the Town of Hull,
shewing that the said Town in March last made Choice of one
Constable only; since which the said Constable has fallen into
Misfortunes which will oblige him to leave the s*^ Place & the
Select men think it unsafe to trust him with the Collecting of
the Taxes; And therefore Praying that the Select men may be
impowered to call another Town Meeting to chuse another Col-
lector instead of said Constable.

Read & in Answer to this Petition,

Ordered that the Inhabitants of the Town of Hull qualified to
vote in Town Meetings, be & hereby are impowered (upon due
Notice given by Warrant from the Select Men of said Town as is
usual in other Cases) to meet together & choose a Collector or Col-
lectors, to collect said Taxes in as ample a manner as by Law they
might have done at their annual Meeting in March last, & the said
Collector or Collectors, so chose, upon their refusing to serve, shall
be subject to the Penalty or Forfeiture which by Law Collectors who
refuse to serve in that Office are liable to. [Passed December 31.'^

CHAPTER 170

Legislative
Records of the
Council, xviii.,
434. Mass.
Archives,
Ixxiii., i.'iS.

Mass.
Archives,
Ixxiii., 253.
House Jour-
nal, pp.118, 130.

ORDER ALLOWING £13. 2. 6 TO ROB^ ADAMS.

A Petition of Robert Adams, shewing that while he was in the
Service of this Province he was taken Captive by the Indians &
carried to Canada, Praying that that ^ his Wages may be allowed
during liis Absence.

Read and

Ordered that the Treasurer be directed to pay the Pef the Sum
of thirteen pounds two shillings and Six pence in consideration of
his Services within mentioned. [Passed January 3.

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is January 5.

^ This date is according to Mass. Archives; according to Legislative Records of the
Council and the House Journal the date is December 30.

s Sic.

[2d Sess.] Province Laws (Bemlves, etc.). — 1748-49. 203

CHAPTER 171.

ORDER ALLOWING £5. 10 AND VOTE GRANTING A GUN TO JACOB PIKE.

A Petition of Jacob Pike of Framingham, praying for an Allow- Legislative
ance for his Losses in the Captivity of John Edgehill his Servant councff, xlm^,
taken by the Indians while in tlie publick Service having a Gun of 434. Mass.

,iT^-- •,11- Archives,

the Petitioners with him. ixxiii., 278.

Read and Mass.

Ordered that the Treasurer be directed to pay to the Pet"" five f^^l^ll^i-^s.
pound ten Shillings out of the publick Treasury in consideration ^*j"^*'''^,?^^;o(.
of the Service of his Servant within named » 'PP- .

Voted also that the Commissary General be directed to deliver
the Pef a gun out of the Province Store. [Passed January 3.

CHAPTER 172.

ORDER ALLOWING £11. 10 TO PRESBURY WOOLEN.

A Petition of Presbury Woolen of Sandwich, Shewing that he Legislative
was taken Prisoner by the Indians while in the publick Service council! xim?,
& carried to Canada, Praying for an Allowance for his Losses & 434. Mass.

^ „ . ' J to Archives,

buiierings. ixxiii.,297.

Read and Mass.

Ordered that the Treasurer be directed to pay to Samuel Tupper ^x^ni.IUv.
Esq' for the Use of the Pef Eleven pounds ten Shillings in consid- "S^^^'Yic^'ioo
eration of his services and Sufferings within mentioned. [Passed ° > ■ > •
January 3.

CHAPTER 173.

ORDER ALLOWING £5. 8. 6 AND VOTE GRANTING A GUN TO JON^ LAW-
RENCE.

A Petition of Jonathan Lawrence for his Losses by the Cap- Legislative
tivity of his Son who was taken by the Indians while in the pub- council! xvm^
lick Service of the Province, jiraying for an Allowance for the same, ^-f.^^^^'

Read and ixxiii., 286.

Ordered that the Treasurer be directed to pay the Pef the Sum House Jour,
of five pounds Eight Shillings and Six pence out of the Treasury nai. pp. 125.130.
in consideration of the Service of his Son abovenamed.

Voted also that the Commissary Gen' be directed to deliver the
Pef a Gun out of the Province Stores. [Passed January 3.

CHAPTER 174.

ORDER ALLOWING £4 TO MARY JONES.

A Petition of Mary Jones, Praying for some Releif from this Legislative
Court in Consideration of her late Husband Thomas Jones being Snrif.xvm^
taken by the Indian Enemy & dying in his Captivity. 435. Mass.

204

Province Laws {Resolves, etc. ) • — 1 748-49. [Chaps. 175-177.]

House'jour Ordered that the Treasurer be directed to pay to the Pef the Sum

nai,pp.ii8,i30. of four pounds out of the publick Treasury in consideration of the
Services of her late husband abovenamed. \^Passed January S.

CHAPTER 175.

ORDER ALLOWING £5. 8 AND VOTE GRANTING A GUN TO THO^ TAYLOR.

Legislative
Records of the
Council, xviii.,
436. Mass.
Archives,
Ixxiii., 240.

House Jour-
nal, pp. 118, 1:50.

A Petition of Thomas Taylor praying for some Allowance out
of the publick Treasury for his Losses & Sufferings occasioned by
his being taken Prisoner by the Indian Enemy, while in the pub-
lick Service.

Read and

Ordered that the Treasurer be directed to pay to the Pef the Sum
of five pounds eight shill^^ in consideration of his Services above-
mentioned.

Voted also that the Commissary Gen^ be directed to deliver the
Pef a Gun out of the Province Store. \^Passed January <?.'

CHAPTER 176.

ORDER IN REGARD TO THE RETURN TO JAMES HOBBS OF £120.
SECURITY DEPOSITED FOR DUTIES ON MERCHANDISE.

Legislative
Records of the
Council, XX.,
488. Mass.
Archives,
Ixiv., 324.

Mass.
Archives,
Ixiv., .323.
House Jour-
nal, pp. 125, 129.

A Petition of James Hobbs praying that the Duty of Impost
may be taken off from a Quantity of Rum & Sugar which he
brought into the Port of Salem, the same belonging to Merchants
in the Province of New Hampshire, where he is obliged to deliver
it, And that the Bonds he has given to the Impost Officer may be
cancelled

Read and

Ordered that the Prayer of the Pet° be granted and that Benja-
min Lynde Esq^ the officer for the Port of salem be directed to
deliver to the Pef the Security which he gave for £120. 15 for the
dutys of the Rum and Sugar accordingly. [Passed January 4^

CHAPTER 177.

ORDER DIRECTING THE COMMITTEE TO STRIKE OFF £7,875 IN BILLS

OF CREDIT.

Legislative
Records of the
Council, xviii.,
4,3.5. Mass.
Archives, cii.,
402.

House Jour-
nal, p. 131.
Province

A Memorial of William Foye Esq' Treasurer moving that the
Court would give Order for striking off Fifteen Bundles of Bills
of Credit from the Plate of the highest Denomination for paying
off divers Muster Rolls now lying for Payment.

Read and

Ordered ihaX the, Committee for Signing Bills of Credit be directed

' This date is according to Mass. Archives; according to Legislative Records of the
Council the date is January 5.

5 This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is February 1.

[2d Sess.] Province Laws (Ilesolves, etc.). — 1748-49. 205

to cause to be Struck off fifteen Bundles viz Seven thousand Eight ^ii\^3%;"|:^^"^'
hundred & Seventy five [pounds] ' from the large Plate and delivered chap! i48. '
to the Treasurer for the purposes mentioned. [Passed Jcmuary 4.^

CHAPTER 178.

ORDER IMPOWERING THE IMPOST OFFICER TO REMIT TO CPT ISAAC
FREEMAN THE DUTIES ON PRIZE GOODS.

A Petition of Cap* Isaac Freeman Commander of the Ship Legislative
Bethel in behalf of himself & the Owners of the said Ship, shew- cquSxyiii^.
ing that altho he was obliged to have a Spanish Prize taken by the ^rchiv^es^^'
said Ship, Bethel, condemned in Newfoundland yet he brought her ixiv., 329.'
whole Cargo to Boston, Therefore Praying that the Duty of Impost Mass.
may be taken off from it. tx^llt

Eead and House Jour-^_^

Ordered that the Prayer of the Pet° be granted and that the
Impost Officer be and He hereby is directed to remitt to the Pet"
the Duties upon the Prize Goods within mentioned accordingly.
[Passed January 5.

CHAPTER 179.

ORDER ALLOWING £3 TO W" STEVENS.

A Petition of William Stephens, praying for some Allowance Legislative
out of the publick Treasury in Consideration of his great Sufferings councff xvm^
occasioned by a Wounrl he received while in the publick Service. *42. Mass.

T, T 1 "^ '- Archives,

Kead and ixxiii., 3.

Ordered that the Treasurer be directed to pay the Petitioner the Mass.
Sum of three pounds out of the Treasury in consideration of his f^^^l'^^^'
Sufferings within mentioned. [Passed January 6.^ House' Jour-

CHAPTER 180.

ORDER FOR ADJOURNING THE INF« COURT OF BARNSTABLE COUNTY.

Whereas divers of the Justices of the Court of General Sessions Legislative
of the Peace & Inferiour Court of Common Pleas w'^'' by Law were cofincif, xvhl^
to have been held at Barnstable in the County of Barnstable on the *3^-, ?^^^^-....
third Tuesday of January currant are members of this Court, and 7S2.
the important affairs of the Province now depending require their House Jour-
attendance thereon; Wherefore • Prov^nce^'

Ordered that the Courts af oremention'd (that were to have been Laws, in., 64,
held at the time aforesaid) be adjourn'd to the last Tuesday of this '^ ^^'
instant January to be held at the Court House in sd Town of Barn-
stable, at ten of the Clock in the forenoon of sd Day: and all Pleas,

' Illegible ; inserted from Legislative Records of the Council, xviii., 435.

- This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is January 5.

■■ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is January 17.

206

Province Laws (i?eso?ye.se<c.). — 1748-49. [Chaps. 181-183.]

Writts, actions, suits, Plaints, Process, Precepts, Recognizances &
otlier Tiling & Tilings whatsoever Returnable or having Day or Days
in the said Court, shall stand, abide & continue unto the said ad-
journment, & be held, deem'd & adjudged to be as good, effectual
& available in Law to all Intents, Constructions & Purposes, as if
such Courts had been held & kept on the Day by Law for hold-
ing the same, & no adjournment thereof had been made. [Passed
January 6.

CHAPTEK 181.

ORDER ALLOWING £5 TO W^' GERMAIN.

Legislative
Records of the
Council, xvili.,
437.

House Jour-
nal, pp. 1-25, 133.

A Petition of William Germain of Yarmouth ; Praying for an
Allowance from this Court in Consideration of his Services & Suf-
ferings in the last Indian War, whereby his Health has been much
impaired, & he wholly lost the Sight of one Eye & almost of y^ other

Read &

Ordered that the Treasurer be directed to pay the Petitioner the
Sum of Five Pounds out of the publick Treasury in Consideration
of his Sufferings abovementioned. [Passed January 6.

CHAPTEK 182.

ORDER IMPOWERING ELIZABETH DUDLEY, ADMINISTRATRIX, TO SELL

REAL ESTATE.

Rlfords^of the ^ PETITION of M" Elizabeth Dudley, Widow of William Dudley
Council, xvili., Esq'" late of Roxbury Dec*^ Intestate, & Administ^ of his Estate, Pray-
"^^ '^^^^ ing for Liberty to sell a Piece of Land belonging to said Estate lying

Archives,
xvili., 410,

House Jour-
nal, p. 133.

in the Town of Oxford, within the County of Worcester which is
apprehended to be for the Benefit of the Heirs of the Dec'^ William
Dudley Esq""

Read and in Answer to this Petition

Ordered that the Petitioner be & she is hereby Enebled ' to make
sale of the Lands mentioned in this Petition to y*^ highest bider &
to Execute a good Deed of the same she to be accountable to the
Judge of Probate for the County of Suffolk for the mony ariseing
by Such Sale. [Passed January 6.^

CHAPTER 183.

ORDER CONFIRMING A PLAT OF 150 ACRES OF LAND TO THO** AVHITE,

MARSHFIELD.

Rlfordfofthe ^ '^^''^'^ °^ ^^^® hundred & fifty Acres of Land laid out by Joseph
Council, xvili.. Wilder Jun"" Esq"" Surveyor & Chainmen on Oath, to fulfill a Grant
Plans! m'is.,^"'' made by the General Court to Thomas White of Marshfield, beginning
^^^^•'"- at a Chestnut Tree standing on Lunenburg Line, Thence running

' Sic.

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is January 9.

[2d Sess.] Province Laws {Resolves, etc.). — ^^1748-49. 207

South one Degree East, One hundred & forty rods, by unappropriated pia\'fg^Mi
Lands to a Pillar of Stones, the South East Corner; Thence West xxxv.'.V "'
seven Deg" South two hundred & Ninety rods to a Pillar of Stones "fi^P^ wT"
the Southwest Corner, hounding South by unappropriated Lands, £a'^^Tg°xii
Thence running North fourteen Degrees East by unappropriated chap. 147.'
Land Sixty Rods to a heap of Stones ; Thence running East fifteen
Degrees South by unappropriated Lands thirty six Rods to a white
Oak Tree, a Corner of 100 Acres of Land laid out upon a Grant
made to William Perkins now in Possession of Josiah White; ex-
tending the same Course by the said Farm, One hundred rods to
a heap of Stones, there making an Angle, & running with said Farm
North fifteen Degrees East, One hundred & sixty six Rods, to a heap
of Stones, a Corner of said hundred Acres, there making an Angle
& running West, fifteen Deg" North, One hundred Rods to a Ches-
nut Tree; Thence North Fifteen Deg''^ East to a Heap of Stones on
Lunenburg Line eighteen rods ; From thence by Lunenburg One hun-
'dred & Ninety five Rods to the Place where it began

Read and

Ordered that the within Plan be accepted and the land herein
delineated and described be and hereby is Confirmed to the within
named Thomas White his Heirs and Assigns Provided the Quantity
of Land exceeds not the Grant nor interferes with any former Grant.
\_Passed January 7.'

CHAPTEK 184.

ORDER ALLOWING £1. 2 TO BENJ* ELLIS.

A Petition of Benjamin Ellis late a Soldier under Cap* Jordan, Legislative
Praying y* he may be allowed four days. Wages & Subsistence omitted coundf xVnf
in his Muster Roll for y<^ Yea-" 1744 Archivif'

Read and in answer ixxiii., 223.

Ordered that the Treasurer be directed to pay to Samuel Tupper House Jour-
Esq"" the Sum of One pound two Shillings out of the Treasury for nai, pp- ns, i34.
the Use of the Pet^ \_Passed January 7.

CHAPTER 185.

ORDER ALLOWING £25 TO JOSEPH BEAN AND ESTABLISHING HIS WAGES.

A Petition of Joseph Bean Interpreter of the Indian Language, LegiBiative
shewing that his Allowance for Attending the publick Service in councn^ xvm^,
the Employment is not sufficient for his Support And praying for 438. Mass.
such an Addition to his Allowance for his better Encouragement in ixxiii.,2sk
said Service Mass. '

Read and ^x^n.lllv.

Ordered that the Sum of twenty five pounds be allowed the Pef ^'^^^^^P^'^oa
out of the publick Treasury in consideration of his past Services, ° ''^^' •
and that His Wages be at the rate of Three pounds and Nine pence
per month agreable to the Establishment of a Lieutenant. \^Passed
January 7.^

' This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is January 6.

- This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 9.

208

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 186-188.]

CHAPTER 186

ORDER ALLOWING £47. 12 TO CPT JOHN STEVENS.

Legislative
Records of the
Couucil, xviii.,
439. Mass.
Archives,
Ixxiii., 315.

House Jour-
nal, pp. 71, 86.

A Petition of Cap* John Stevens, shewing that an Allowance
made him by this Court for billeting Soldiers at their Session in
November last is lost or mislaid, Therefore praying that it may be
revived

Kead and in as much as the former Order mentioned was lost or
mislaid before it was passd upon by the whole Court

Ordered that the Pef be allowed out of the publick Treasury forty
Seven pounds twelve Shillings in full for Billeting the Soldiers above-
mentioned. [^Passed January 10.

CHAPTER 187.

ORDER WITH STAY OF EXECUTIONS REQUIRING THE CONSTABLES AND
COLLECTORS OF ATTLEBORO TO SEND IN THEIR ACCOUNTS.

Legislative
Records of the
Council, xviii.,
4-28. Mass.
Archives, ex v.,
.B26.

Legislative

Records of thy

Council, xviii.,

439. House

Journal,

pp. 117, 131, 13.i,

136.

A Petition of John Robins & others, who have been Constables
in that part of Attleboro called the Gore, now taken into the Gov-
ernment of Rhode Island, shewing the Difficulties they are under in
gathering the Taxes there. Praying for the Direction of this Court.

Read &

Ordered that the Treasurer send to the several Constables & Col-
lectors within refer'd to, requiring them to send in their several
Acco*^ upon Oath, of what Monies they have rec^ in Consequence
of the Taxes committed to them & of what still remains due thereon
from the Inhabitants lately taken into the Government of Rhode
Island, that said Accompts may be laid before this Court at their
next Sitting, And that the Executions now out against s*^ Constables
be stayed in the mean Time. \^Passed January 10.^

CHAPTER 188.

Legislative
Records of the
Council, xviii.,
43'J. Mass.
Archives,
xviii., 414.

Mass.
Archives,
xviii., 412.
House Jour-
nal, pp. 122, 135.

ORDER IMPOWERING ABIGAIL BURT, GUARDIAN, AND OTHERS TO SELL

REAL ESTATE.

A Petition of Abigail Burt of Boston Widow of John Burt dec^
& Gaurdian to her two Children Benjamin & Susanna Burt Minors,
of Nathanael Rowland & Abigail his Wife, Samuel Burt, William
Burt & Francis Shaw & Sarah his wife, all Children of the deceased,
shewing that the said John Burt died, siezed of a Farm in Woburn,
Containing about two hundred Acres, That the Buildings & Fences
thereon are much out of Repair; And therefore praying, that they
may be impowered to make Sale of the Same, which they have now
a good Opportunity to do to their great Advantage.

Read and

Ordered that the Prayer of the Pe*" be granted and the Pef Abi-
gail Burt (together with the other Pet") is hereby allowed and impow-

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

[2i) Sess.] Province Laws {Resolves^ etc.). — 1748-49. 209

ered to make Sale of the House and Land herein mentioned. She
giving sufficient Caution to the Judge of Probate for the County of
Suffolk to Account for the Proceeds of said Sale according to Law.
\^Passed January 11.

CHAPTER 189.

ORDER GRANTING TO MARY BLANEY LICENCE TO RETAIL STRONG

LIQUOR.

A Petition of Mary Blaney of Salem, Widow, shewing that for Legislative
the Support of her Family, she hath lately open'd a Shop of Goods, counctf, xviu^,
which makes it convenient for her to retail strong Drink ; And there- Archwes^^'
fore praying that this Court would impower the Court of General cxix., 422!
Sessions of the Peace, to grant her a Licence, she having obtained House Jour-
the xipprobation of the Select men of s*^ Town for retailing nai.p.iss.

Read and

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Essex be allowed at their next Sitting to grant the
Pef a Licence if they see cause, the time for granting Licences
being elapsed notwithstanding. \^Passed January 12.

CHAPTER 190.

ORDER ALLOWING £11. 9. 2 FOR THE WAGES OF DIVERS SEAMEN ON
THE MASSACHUSETTS FRIGATE.

A Muster Roll presented by Cap' Moses Bennett Commander Legislative
of the Ship Massacliusetts Frigate, of the Wages of divers Seamen councffxim^
(omitted out of his former Roll) from May, 10*'' 1748, to May 25'" i*,^;,ufj4'_«-
Amounting to the Sum of £11. 9. 2. xcii., io9.'

Read and

Ordered that the above mentioned Sum of Eleven pounds Nine
Shillings and two pence be paid out of the Treasury to Gamaliel
Bradford Esq'' to be by him repay'd to the above named Persons to
whom it is respectively due.' [^Passed January 13.^

CHAPTER 191.

ORDER DIRECTING THE PAYMENT OF WAGES DUE JOSEPH RICH-
ARDSON.

Ordered that the Treasurer be directed to pay to Nathaniel Rich- Rlfor^^g'of the
ardson or Order the Wages due upon Muster roll to his Son Joseph council, xviii.,
Richardson dec'd who Avas Killed in the Service of the Province The ArcwVesr'
s'' Nath' to be accountable to any Adm"" that shall be app*®'' upon ixxiu., 325.
tlie Estate of the Dec'd. [Passed January 13. naTTisT""'

' Not found in the House Journal.

- This date is according to Mass. Archives; according to Legislative Records of the
Council the date is January 1-1.

210

Province LAWs(i?eso??;es, e^c). — 1748-49. [Chaps. 192-194.]

House Jour-
nal, p. 139.

CHAPTER 192.

ORDER ADJOURNING THE COURTS OF THE COUNTY OF MIDDLES^.

Recordfof the Whereas clivers of the Justices & others concern'd in the Court
Council, xviii., of General Sessions of the Peace, and Inferiour Court of Common
Archives,^xiii., Pleas ill the County of Middlesex (which stand adjourn'd to Tuesday
''^- next) are Members of this Court, and the Importance of the Publick

affairs now depending, require their attendance thereon : There-
fore

Ordered^ that the aforesaid Courts of General Sessions of the
Peace, and common Pleas, be & they are hereby further Adjourn'd
to Tuesday the twenty fourth Day of January currant at ten of the
Clock beforeiioon, to be held at the Court House in Charlestown in
said County: And all Orders, Judgments, & other Proceedings to be
made, rendred or had at said Adjournment, shall be valid & effectual
in Law, as if had, rendred or made by said Courts or either of them,
at the time by Law appointed for holding of the same. [^Passed
January 14.

CHAPTER 193.

Legislative
Records of the
Council, xviii.,
441. Mass.
Archives,
xviii., 417.

Mass.
Archives,
xviii., 415.
House Jour-
nal, pp. 125, 139.

VOTE IMPOWERING W^ RIPLEY, GUARDIAN, TO SELL REAL ESTATE.

A Petition of William Eipley, Gaurdian of the Children of John
Ripley late of Bridgewater dec'' setting forth the Circumstances of
the real Estate of the said John, rendring it necessary that it should
be sold, And therefore praying for Liberty from this Court to sell
it accordingly.

[Read &]

Voted That the Prayer, of this Petition Be Granted and That the
Petitioner William Ripley Be and Hereby is Impowered to make sale
of the Buildings and Land within mentioned to such Person as Will
Give most for the same & Execute In due form of Law a deed or
Deeds for the Conveyance Thereof Provided the Petitioner Give
sufficient Caution to the Judge of Probate for the County of Plym-
outh to account for the Produce of the Premisses and to Dispose
of the Same Persuant to Law. \^Passed January 16.

CHAPTER 194.

VOTE ALLOWING £8 TO JOEL JOHNSON.

Legislative
Records of the
Council, xviii.,
442. Mass.
Archives,
Ixxiii., 305.

Mass.
Archives,
Ixxiii., 304.
House Jour.
nal,pp.l32,140.

A Petition of Joel Johnson, praying for some Allowance out of
the publick Treasury in Consideration of his Losses & Sufferings
in his late Captivity with the Indians while he was a Soldier in the
publick Service.

[Read &]

Voted that the Province Treasurer Pay the the ' Petitioner the
sum of Eight Pounds for his service and sufferings out of the Grant
to Pay AVages due on muster Rolls. \^Passed January 17.

"■ Sic.

[2d Sess.] Province Laws (Resolves, etc.). — 1748-49. 211

CHAPTEE 195.

ORDER IMPOWERING ANDREW HALL, JUN^, TO PLEAD TO AN ACTION.

A Petition of Andrew Hall Jun' of Boston, Shewing that in an Legislative
Action commenced against him at the Inferiour Conrt of Common councff °' *" ^
Pleas held at Newbury in September last by James M'hard of Haver- 4"'3. Mass.
hill, by reason of the Mistake & Forgetfulness of his Attorney, Judg- ixh'.,'307.'
ment went against the Petitioner by Default, And therefore Praying Legislative
that he may be enabled at the next Inferiour Court for said County councif x* ir ^
to plead to the said Writ & Action, as if there had been no Default, us. House
unless the Plaintiff will consent to have the Matter determined by pp^'m.'i^.
Referrees.

Read together with the Answer of James M'^hard, & the Matter
being fully considered;

Ordered that the Prayer of the Pet° be granted, & that the Pet'
be & hereby is impowered to plead & make Answer to the Writt
within mentioned, at the next Inf Court of CoiTion Pleas to be
holden at Ipswich for the County of Essex on the last Tuesday
of March next. And that the Justices of the s'' Court, be & hereby
are authorized & Impowered to hear & determine the same, make
up Judgment & award Execution thereupon, the Default referred
to in the Petition Notwithstanding. [Passed January 17.

CHAPTER 196.

ORDER ALLOWING A GUN TO SAM'- BLISS.

A Petition of Samuel Bliss of Western, praying that he may be Legislative
allowed out of the publick Treasury for a Gun of his, which was coundf.xvm^
taken by the Indian Enemy, when the Petitioners Servant Joseph 443 Mass.
Jennings a Soldier in the Service of the Province was killed by ixxiii., 295.

tnem. House Jour-

Read and nai, pp. i4o, m.

Ordered that the Commissary General be directed to deliver the
Memorialist a Gun out of the Province Store. [Passed Jaiutary 18.

CHAPTER 197.

ORDER allowing £18 TO JOHN ALDRICH.

A Petition of John Aldrich, Praying for some Allowance out of R|forcfs'of the
the publick Treasury for his Losses & Sufferings occasioned by his Council, xvui.,
Captivity, he being taken by the Indian Enemy while in the Service ^chiv^es?"
of the Province. ixxiii., so'e.

Read and ^T^Vuo'^i42

Ordered that the Treasurer be directed to Pay the Pef or order °*'PP- •

the sum of Eighteen pounds in consideration of his Services and

Sufferings. [Passed January 18.

212 Province Laws {Resolves, etc.). — 1748-49. [Chaps. 198, 199.]

CHAPTER 198.

ORDER ALLOWING £100 TO CPT. JOS HOW.

Legislative ^ MEMORIAL of Cap* Joseph How of Marlborough for himself

Records of the ,^ ^ _, . ^ t ,i ^ ^ ^^ -, ^ ,. , i i i • i

Council, xviii., & Company; rraymg y' they may be allowed out oi the publick
Archiv^es?' Treasury a suitable Consideration for the Loss of their Horses
ixxiii., 271. killed by the Indian Enemy near the Fort at Number Four, where
Mass. the Memorialist & his Troop of Horse were sent by his Excy's

Ixxiii., 270. Order for the Defence of said Place in the Year 1746.
naTp^uT" Read and in answer

Ordered that the Sum of One hundred pounds be allowed out of
the publick Treasury to the Memorialist Joseph How to be by him
paid to the several Persons for the Loss of their Horses in propor-
tion to the Appraizments exhibited with this Pet" in full discharge
for their Loss mentioned. \^Passed January 18.

CHAPTER 199.

ORDER ACCEPTING THE REPORT OF Y^ COM^ee qN ¥■= AFFAIR OF
NATICK AND CALLING A NEW PARISH MEETING.

Legislative A PETITION of Sundry Inhabitants of the Parish of Natick, com-

Councii, xviii., plaining of great Irregularities in the Proceedings of the last Meet-
Arciu'ves?cxv., ^^^g ^^ ^^^^ Inhabitants for the Choice of Parish Officers, & Praying
416- that the said Meeting may be set aside, & an other called, And that

Mass. a Moderator thereof may be appointed by this Court.

4io-4i6.'^^Maps' The Committee appointed on the Petition of David Morse and
ms ^xxxv 4 Others Inhabitants of Natick having heard the Parties & consider'd
Legislative' the scveral Pleas offer'd in support of said Petition & in opposition
Councif, xviii!', to it, find that the Qualification of Voters in the last Parish meet-
j^ouraai pp"f i^ig ii^ Natick was (by express Order of the Great & General Court
142. Ante, ' in Juuc last) to be judg\l of & determin'd by the List & Valuation
p. c,c ap. '. ^^ Estates & Faculties of Persons residing there, lately taken by
Order of this Court; It likewise appears to the Committee that
at the Meeting referr'd to, divers Ter-Tenants (Inhabitants of said
Parish) mentioned in said List & valuation, having Estates in their
Tenure & Occupation sufficient to qualifye them for Voting, were
denyed that Priviledge, altho' the proper owners of said Estates
then dwelt in other Towns, & no Person residing in said Parish
(except the said Ter-Tenants) could legally be admitted to Vote
on those Estates: The Committee apprehending said Proceed-

ings to be irregular & illegal are therefore humbly of oiiinion that
the Transactions of s'' meeting & all Proceedings consequent & de-
pendant thereupon be deemed »& declared Null t& Void; and that
the Freeholders & Inhabitants of said Parish duly qualifyed to Vote
in Parish affairs be again assembled (as soon as conveniently may
be) for the purposes mentioned in the Warrant issued for calling
their last meeting, and to be regulated in manner as this Court
shall Order

Which is submitted in the Name of the Committee

Samuel Danforth

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 213

Read & accepted, and thereupon

Order\l that all Votes & Transactions of the Parish of Natick
in their Meeting of the ST**" of June last, and other Proceedings
consequent & dependant thereon be and they are hereby annull'd
i& declared void, and the Parish Committee for the last Year are
hereby requir'd to issue their Warrant for assembling (as soon as
conveniently may be) the Freeholders & Inhabitants of said Natick
(qualified to Vote in Parish affairs) for the purposes mentioned in
their Warrant for calling their aforesaid meeting of the 27* of June
last; And that the Qualification of Voters in the meeting so to be
called, be judg'd of & determined as in the aforementioned order of
this Court in June last is directed : and Thomas Greenwood Esq""
is hereby appointed & authoriz'd to moderate & Regulate the said
meeting accordingly ; Whom the said Committee are seasonably to
notifye of th^ Time & Place of said meeting. \^Passed January 18.

CHAPTER 200.

ORDER ALLOWING £6. 12 AND A GUN TO DAN^ FARMER.

A Petition of Daniel Farmer, Praying for some Allowance out Legislative
of the publick Treasury for his Losses & Sufferings by means of couDcif.xviH.*!
his being taken Prisoner by the Indian Enemy when in y® Service ^chi^ves^'
of y® Province. ixxiii., 302.

Read and Mass.

Ordered that the Treasurer be directed to pay to Maj"' Laurence hf^HiJsoi;
Six ' pounds twelve Shillings for the Use of the Petitioner. cxxiv.,303.

Ordered also that the Commissary General be directed to deliver nai, pi42.
said Laurence for said Pef' Use a Gun out of the Province Store.
\^Passed January 18.

CHAPTER 201.

ORDER ALLOWING £8. 15 AND A GUN TO ABNER HALL AND TO EZRA
AND JONATHAN GARNET EACH A GUN.

A Petition of Abner Hall, Ezra Garnet & Jonathan Garnet, Sol- J^egisiative
diers on the Eastern Frontiers, praying that they may be allowed council, xviii.,
for the Losses they sustained in the accidental Burning of the Gar- Archiv^esT
risen where they were posted. ixxiii., 291.

Read and Mass.

Ordered that Abner Hall be allowed out of the publick Treasury ix^ii\.l29i.
Eight pounds fifteen Shillings. Also a Gun out of the Province nai^pp-'uM^a.
Store.

Ordered also that Ezra Garnet and Jonathan Garnet be allowed
each of them a Gun out of the s"* Province Store. \^Passed Jan-
uary 19.

^ Legislative Records of the Council, xviii., 444, reads, " Five,"

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 202, 203.]

Legislative
Records of the
Council, xviii.,
445. Mass.
Archives,
Ixxiii., 80:j.

Mass.
Archives,
Ixxiii., 308.
House Jour-
nal, pp. 71, 143.

CHAPTEK 202.

ORDER ALLOWING £15 TO DAVID WOODELL AND JOHN BURBANK.

A PETiTioisr of David Wooclell, Shewing that he & John Burbank
having Relations in Captivity in Canada, are about to proceed thither
to procure their Redemption ; And for as much as they shall be obliged
to hire a Pilot, praying that this Court would grant them a Sum of
Money for that Purpose

Read and

Ordered that the Sum of fifteen pounds be allowed out of the
publick Treasury to Mess" David Woodel and John Burbank to
Enable them to Procure a Pilot to Canada to Assist them in the
redemption of said Woodel's Daughter and Burbank's Brother.
\^Passed January 19.

CHAPTER 203.

ORDER DIRECTING THE PREPARATION OF A PLAN OF THIRTY FIVE
ACRES OF LAND IN TETTICUTT.

Mass.
Archives,
xlvi., 210.

Mass.
Archives,
xxxi., 458.
House Jour-
nal, pp. 51, 118
Province
La\vs,xiii.,33
chap. 246; 34S
Chap. 283.

The Humble petition [of] a preecinct (some years sence set of
by this Hon''''^ Court Consisting [of] part of Bridgwater and a part
of middleboroiigh Commonly Called and Known by the name of tite-
cut preceincet) Humbly sheweth that at the time or about the time
of sd preceinct being set of as above sd sundry of the Indian Inhaba-
temce of titecut being desirous to Joyn with us petitioned this Hon^'®
'• Court that they might be Enabled to give to our sd preceinct five acers
of their lauds whereon to set the meeting house in sd preceinct and
thirty acers of land for the ministry in sd preicinct forEver and such
highways as shall be thought proper : Which petition so far pased this
Hon''''" Court that a Com'*^*^ was appointed to order the same which
sd Com*'^'^ ordred accordingly that mes"'^ Benj'' White and Ezra Clap
were appointed by sd Com'®'^ to lay out and plan sd lands wlio returned
a plan of their laying out the same sence which all the papers in sd
case being burnt your petitioners have niver had sd lands Confermed
Your Humble petitioners would therefore humbly pray that your Ex-
celeney and Hon" Would be pleased to take these things into your
wise and just consideration and order that the abovsd thirty and
five acers of land be Confermed for the uses abovesd and your peti-
tioners as in duty bound shall Ever pray

Benj^ White ) Comt«« of

Benj"" Washburn \ sd preceinct

Read and

Ordered that Benjamin White and Ezra Clap be allowed to draw
a Plan of the land therein mentioned and lay the same before this
Court as soon as may be.' \^Passed January 21.

1 T\ie final action on this petition is not found in the House Journal.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 215

CHAPTER 204.

ORDER ALLOWING £8 AND VOTE GRANTING A GUN TO MATHEW

WYMAN JUN«.

A Petition of Matthew Wyman Jun"" Praying for some Allow- Legislative
ance from this Court in Consideration of his Losses & Suiferings council^, xvm^,
by means of his being taken Captive by the Indians while he was -^7. Mass.

J ^ o ± •/ Archives

in the publick Service. ixxiii., 321.

Eead and Mass.

Ordered that tlie Treasurer be directed to pay to Cap' Richardson bcx^n.^ll'i.
out of the Treasury Eight pounds for the Use of the Pet^ Also House' Jour-

Voted that the Commissary Gen^ deliver s'' Richardson for the '^'
Use afores*^ a Gun out of the Province Store. \^Passed January 2S.

CHAPTER 205.

VOTE ESTABLISHING THE PAY OF Y^ MEMBERS OF Y''- GEN^- COURT.

Voted that from the beginning of the present Sitting of this Court, Legislative
and during the present Year Each Member of the Council shall be council, xvUi.,
Entitled to ten Shillings per diem. And that each Member of the Archi^es^^'
House of Rep"** Shall be Entitled to Seven shillings and Six pence xiix., 244!
per diem, out of the publick Treasury, for each day of their attend- House Jour-

ance. {^Passed January 24.

nal, p. 148.

CHAPTER 206.

ORDER IMPOWERING THO^ PAYNE, ADM^ TO FILE A COMPLAINT.

A Petition of Thomas Payne of Boston, shewing that whereas Legislative
this Court were pleased in April last to impower him to file his Com- courTdf.xvilit
plaint at the Superiour Court in Boston against Thomas White, the «i. Mass.
Term ended before the Governour signed the Order, by which Means xvui., 418.
it was then rendred ineffectual ; And therefore Praying that he may Ante, p. 114,
be now allowed the same Benefit, "'^^p- ^^•

Read &

Ordered that the Prayer of the Petition be granted, And that the
said Thomas Paine Administrator de Bonis non be & hereby is im-
powered to file his Complaint at the next Superiour Court of Judi-
cature &C''' to be held at Boston within & for the County of Suffolk
on the third Tuesday of February next for the Affirmation of said
Judgment to the said Thomas as Administrator afores*^ And the Jus-
tices of said Court be and hereby are impowered to affirm the said
Judgm' & award Execution thereupon accordingly, \^Passed Jan-
uary 25.'^

• This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 30.

216 Province Laws {Resolves, etc.). — 1748-49. [Chaps. 207-209.]

CHAPTER 207.

ORDER GRANTING TO JAM^ PROCTER LICENCE TO KEEP A TAVERN.

A Petition of James Proctor of Woburn, shewing that by the
Death of Nathan Blodget, a very useful Tavern in the Neighbour-
hood of the Petitioner is thrown up; Therefore praying that the
Court of General Sessions of the Peace for the County of Middles-
sex may be impowered to licence him as a Taverner.

Read and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Middlesex be and they hereby are Impowered to
grant the Pef a Licence (if they see cause) to keep a house of
publick Entertainment at their Session in March next. (He first
obtaining the Approbation of the Select Men of Woburn) The
time for granting Licences being elapsed notwithstanding. \^Passed
January "26.^

Legislative
Keeords of the
Council, xviii.,
448. Mass.
Archives, cxi.,
159.

Mass.

Archives, cxi.,
158. House
Journal, p. 147.

CHAPTER 208.

ORDER DIRECTING THE ATTORNEY GENERAL TO ENTER A NOLLE
PROSEQUI IN AN ACTION AGAINST JOSEPH BLANCHARD.

Legislative
Records of the
Council, xviii.,
449. Mass.
Archives,
Ixxiii., 309.

Mass.
ArcMves,
Ixxiii., 307.
House Jour-
nal, p. 151.

A Petition of Joseph Blanchard late of Groton now of New
Hampshire, shewing that he is prosecuted in the County of Mid-
dlesex at the Court of Assize there for an Assault alledged to be
committed by him on Amos Brown »& David Whitney; And for as
much as he was entirely innocent, & the thing was done by Igno-
rance & Mistake, praying that this Court would interpose their
Authority by stopping the Prosecution against him.

Read and in answer

Ordered that the Attorney Gen' be directed to Enter a Noli
Prosequi ag* the Pet^ \_Passed January 26.

CHAPTER 209

ORDER ALLOWING £21. 10 AND A GUN TO STEP^ EARNS WORTH.

Legislative
Records of the
Council, xviii.,
449. Mass.
Archives,
Ixxiii., 316.

Mass.
Archives,
Ixxiii., 317, 318.
House Jour-
nal, pp. 150, 151.

A Petition of Stephen Farnsworth a Soldier in the Service of
this Province, Praying for some Allowance from this Court, in Con-
sideration of his Losses & Sufferings occasioned by his being taken
Captive by the Indians.

Read and

Ordered that the Treasurer be directed to pay to M' W'" Hardy
twenty one pounds ten Shillings out of the Treasury for the Use
of the Pet^ And that the Commissary Gen' be directed to deliver
said Hardy a good Gun out of the Province Store for the Use of s''
Earn worth. {^Passed January 26.

1 This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 25.

[2d Sess.] Province Laws {Besolves, etc.). — 1748-49. 217

CHAPTER 210.

ORDER ALLOWING £22 AND A GUN TO JN^ SPAFFORD.

A Petition of John Spafford a Soldier in the Service of the Legislative
Province, praying for some Allowance from this Court in Consid- couMH.xvm^
eration of his Losses & Suffering by means of his being taken Cap- ^9- Mass.
tive by the Indian Enemy. ixxiii., 314.

Read and Mass.

Ordered that the Treasurer be directed to pay to M' Benjamin ^^^i^i*^|i4
Porter for the Use of the Pef Twenty two pounds out of the House'jour-
Treasury And that the Commissary Gen' be directed to deliver s*^ '^'^'' '
Porter a good Gun out of the Province Store for the s*^ Pet"^^ Use.
[Passed January 26.

CHAPTER 211.

ORDER ALLOWING £21 TO ROBERT MOFFETT.

[Petition of Robert Moffett for relief on the ground that he Mass.

was taken and held in captivity by the Indians from May 5, 1746 i^xm^stg

till August 16, 1747.] Mass.""

Read and Arcbives,

Ordered that the Treasurer be directed to pay to M'' William House'Jour- '

Hardy Twenty One pounds out of the Treasury for the Use of °^'' >?• ^■''''•

the Pet'. [Passed January 26.

CHAPTER 212.

ORDER allowing £43. L3. U AND VOTE GRANTING A FURTHER AMOUNT
of"" £65 TO ROfiT BALL.

A Petition of Robert Ball Keeper of the Light House or Beacon, Legislative
Shewing the Insufficiency of his Salary for his Support, & praying councif, xvfn^
for Enlargement of it, as also for allowing his Accompt of Fire ^rcMv^eY^'
Wood expended in the Light House for keeping the Oil in the ixiv., 331.'
Lamp from Congealing. Mass.

"Rpqrl frnrl Archives,

neaa ana ixiv.,330.

Ordered that the Sum of forty three pounds thirteen Shillings ^*i"®® '^{i^^i^,
one penny half penny be allowed out of the Treasury to the Pef °^'i'^^" '
to pay for fire wood.

Voted also that the Pef be allowed Sixty five pounds for his Ser-
vice the last Year, ending Nov"" 8. 1748. [Passed January 27.

218

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 213-215.]

CHAPTER 213.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PET^'
OF JOSEPH & ABIGAIL JENKINS.

Recordfonhe ^ PETITION of Josepli Jeiikius & Abigail his Wife (Daughter of
Council, xviii., Lemuel Little Dec*^ & his only surviving Child) shewing that the

~ — '■ said Lemuel in his Life Time mortgaged to the Commission" of

KpSi52. the £100,000 Loan, for the County of Essex for the Sum of £200,
taken up of them, several Parcels of Land in Rochester, That the
Commission" have sued out tlie Mortgage, recovered & sold the
Lands & lodged the Produce thereof in the Treasury; Praying
that the Petition" may be allowed out of it what the Land pro-
duced above the Sura which the said Lemuel rec*^ of said Commis-
sioners.

The Committee appointed to consider the Petition of Joseph
Jenkins & Abigail his Wife report that the Prayer of the Peti-
tion be so far granted, as that no Interest on the Judgment ob-
tained in behalf of the Province in March 1724. be required after
the Expiration of the Time for redeeming the Lands mentioned in
the Petition; And that the Overplus of the Sale be returned to the
Petitioner Which is Submitted, ^ Order of the Comm"^*

John Quincy.
Read &
Ordered that this Report be Accepted. \^Passed January 30.

CHAPTER 214.

Legislative
Records of the
Council, xviii.,
453. Mass.
Archives,
Ixxiii., 3-28.

House .Jour-
nal, p. 154.

ORDER DIRECTING THE

COMMISSARY GENERAL TO DELIVER A GUN
TO JOEL JOHNSON.

Ordered that the Commissary Gen^ be directed to deliver to Joel
Johnson or Order a good Gun out of the Province Store in Lieu
of One Lost in the Service of the Province. [^Passed January 30 .^

CHAPTER 215

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE SUTTON
PET'' IN REGARD TO BOUNDARY.

Legislative
Records of the
Council, xviii.,
36-2, 488. Mass.
Archives,
xlvi., 186.

Mass.
Archives,
xlvi., 184, 185.
Legislative
Records of the
Council, xviii.,
359, 455. House
Journal, pp. 24,

A Petition of Robert Goddard & John Hazelton in behalf of the
Proprietors of the Town of Sutton, Shewing that by reason of a Mis-
take made in the Plat of their Township, which was Accepted by
the General Court, whereby Five hundred Acres of their true Grant
was left out, they have met with great Trouble, by the Intrusions
of some of their Neighbours, praying that they may be heard by a
Committee of this Court, in order to have the s*^ Mistake rectified.

The Committee to whom was refer'd the within Petition, having
duly consider'd thereof, are of Opinion, that the West Bounds of

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 31.

[2d Sess.] Province Laws {Resolves^ etc.). — 1748-49. 219

the said Town of Sutton at & near the Southwesterly Corner thereof, p^s^ss.
was always intended & understood to he as follows; viz, Laws, ix., 408,

Beginning at the Southeasterly corner of a Farm called Collins's *^'^^i'-^^-
Farm, & from thence a streight Line to a Maple Tree which is the
Northeasterly Corner of Leland's Farm, at the running out of Man-
chang Pond, & thence by mark'd Trees on the East Side of said
Farm, the Line to extend South five Deg^ East to a Heap of Stones
in the Line of the District of Douglas, which is the South Easterly
Corner of said Farm, & the South westerly Corner of said Town, &
that the same be & continue to be the Bounds of Sutton.

All which is humbly submitted iper Order

Sam^ Watts

Read &

Ordered that this Report be & hereby is Accepted, And the West
Bound of the Town of Sutton is continued & established Accord-
ingly. [^Passed January 30.^

CHAPTER 216.

ORDER IMPOWERING THE JUSTICES OF THE PEACE FOR THE COUNTY
OF PLYMOUTH TO RECONSIDER A DECISION ON THE PETITION OF
SCITUATE AND OTHER TOWNS IN REGARD TO BUILDING A NEW
COURT HOUSE.

A Petition of divers Persons Agents for the Towns of Scituate, Legislative
Bridgewater, Plimton, Pembroke, Hanover, Abingtou & Marshfield, cmincif xviu^
shewing that the Justices of said County have in their General Ses- 452. Mass.
sions of the Peace, Ordered the Building a new Court House in the 7-4'' '^^^•^"•'

Town of Plimouth, & have laid a very heavy Tax on the County to u^.
defrey y' Charge; And for as much as the said Town of Plimouth is ^-^'"g^^^g^'"*
in a Corner of the said County & Pembroke in the Center, Praying Journal,
that all Proceedings for building a Court House in Plymouth may pp-^^o-'^-
be stopt & Pembroke made the Shire Town.

Read & Li Answer to this Petition,

Ordered that the Justices of the Peace within & for the County
of Plimouth at their next Sessions on the first Tuesday of March
next, be & hereby are impowered to reconsider their Vote relating
to the Building of a Court House at Plimouth, & iVct therein as to
proceeding in building s** House, or putting a Stop to the same, &
the Money ordered to be raised therefor, as they shall Judge best,
they taking Care to indemnify their Agents who have acted in Con-
sequence of their Vote, & that the Clerk of s"^ Court of Sessions
seasonably notifie all the Justices of s** Court to be present at s*^
Sessions if they see Cause. [Passed January 31.

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

220

Province Laws (i?e5o/ye6', e^c. ) . — 1748-49. [Chaps. 217-220.]

Legislative
Records of the
Council, xviii.,
452. Mass.
Arclilves,
Ixxxviii., 411.

House Jour-
nal, p. 155.

CHAPTER 217.

ORDER FOR Y= SECRETARY'S RECORDING ALL PUBLICK LETTERS &c.

Ordered ihsit the See'"'' be directed to Cause all pnblick Letters to
and from the Court, Instructions, Addresses Memorials, and other
pnblick papers not usually recorded in the Gen' Court's Books, to
be inserted in a seperate Book for the Use of the Court. [Passed
January 31.

CHAPTER 218.

Legislative
Records of the
Council, xviii.,
452. Mass.
Archives,
xlix., 245.

House Jour-
nal, p. 152.
Ante, p. 175,
chap. 91.

VOTE ALLOWING 2/ 6 P DIEM TO ¥"= CLERK OF THE HOUSE DURING
THE PRESENT SITTING OF THE COURT.

Voted that the Clerk of the House be allowed out of the publick
Treasury Two Shillings and Six pence per Diem from the beginning
of the present Sitting, and during the Sitting of the Court, the pres-
ent Year, over and above His L^'sual Grant. [Passed January 31.

Legislative
Records of the
Council, xviii.,
453. Mass.
Archives, cii.,
414.

House Jour-
nal, p. 1.55.
Ante, p. 200,
chap. 165.

CHAPTER 219.

ORDER IMPOWERING THE PROVINCE TREAS« TO DEMAND AND RECEIVE
THE PROVINCE PART OF SEIZURES.

Ordered that when and so often as any Seizure be made, part of
the forfieture whereof is determined by Law to belong to this Gov-
ernment.

The Province Treasurer for the time being be and hereby is
authorized to demand, recieve, and give a discharge for the Same.
[Passed January 31.

CHAPTER 220.

ORDER REFERRING ¥•= REPORT UPON THE PET^' OF THE S" PART OF

CAMBRIDGE.

Legislative
Records of the
Council, xviii.,
454.

Mass.

Archives, cxv.,
437-439. Legis-
lative Records
of the Council,
xviii., 451.
House Jour-
nal, pp. 1.53, 154.
Ante, p. 193,
chap. 146.

On THE Eeport upon the Petition of the Southern Inhabitants
of the Town of Cambridge, [ante.^ p. 193, chap. 146]

Eead &

Ordered that the further Consideration of this Report be refer'd
to the first Thursday of the next Sitting of this Court, & that in
the mean Time the Petitioners be subjected to the Taxes of the first
Parish in Cambridge, tlie Vote of this Court of the 23'' of Xovem-
ber last notwithstanding; saving only that the Petitioners be freed
from their Proportion of the Support of the Ministry during the
Winter Season, agreable to the Vote of said Parish. [Passed Jan-
uary 31.^

1 This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is February 1.

[2d Sess.] Province Laws (Resolves, etc.). — 1748-49. 221

CHAPTER 221.

VOTE FOR PRINTING THE ACT FOR DRAWING IN Y^ BILLS OF CREDIT &c. Legislative

Records of the

Voted that the Secretary take care that the Act lately pass'd this 451. Mass. "'
Court for drawing in the Bills of Credit &c. be printed separately Archives, en.,
& that a Number of Copys be taken olf as soon as may be sufficient House Jour- —
to furnish One for each Member of the Court & One for each Town nai, p. 153.
in the province. [Passed Februai'i/ i.' Laws, lii., 3-6,

chap. 13.

CHAPTER 222. S^the

Council, xviii.,

ORDER DIRECTING £2,000 IN BILLS OF CREDIT TO BE STRUCK OFF. ArchiveTcii.,

41.i.

Ordered that the Comm'^'^ for Sifirning Bills of Credit be directed House Jour-

nal, p. 156.
Province
Laws, xii;
chap. 47;

February 1. chap. i4s.

to Cause to be Struck off from the Middle plate Two thousand pounds pVoviiice '
- " — " — ^ '' — """1.

643,

and deliver the same to the Treasurer as soon as may be. [Passed ^hap%^"'"^'^^'

Legislative
Records of the

CHAPTER 223. "iTu^}^-'

Archives, xlii.,
8()6.

ORDER IMPOWERING GEO. & RORT HEWES TO SERVE WRITS OF RE-
VIEW ON NATHANIEL CUNNINGHAM, ADMINISTRATOR. House .Jour-
nal, p. 94 (Nov.,
1742) ; PI). 102,

A Petition of George & Robert Hewes, sliewing that by reason }74.^/^yp^|i''
of Nathanael Cunningham's Death the Power they obtained to pros- 52, 72'(june,'
ecute a Writt of Reveiw against him is become ineffectual without les (Feb!*,"
the further Aid of the Court, And therefore Praying that they may ^l^l^^P^' ^^^'
be enabled to renew their Suit against his Administrator Nathanael (March, 1743) ;

r\ ■ \ pp. 48, 66

Cunningham. (1744) ; pp. 233,

Read and i746)tp"m

Ordered that the Prayer of the Pe*° be granted. And as the Writs (Nov!, 1746);
of Review which by Order of this Court were Served on Jacob Hoi- 1746) ; p.W
yoke Attorney to AP Nath' Cunningham Dec'd fails by reason of the pp^'229' 24*7'^ '
said Cunningham's Death 248_(M.arch;

Ordered that the Pef^ be and they hereby are Impowered and 1.57 '(iVis)".' ' '
Enabled to Cause their Writs of Review to be Served on Nathaniel Refords'of the
Cunningham Adm"" on the Estate of said Dec'd. Council,

So that they may proceed on the Actions mentioned pursuant to .^"' Province
said former Order. [Passed February 1. ^hn^.'\d^,'m^,'

chap. 279; 571,
chap. 285.

Ante, p. 150,

chap. 22.

CHAPTER 224.

ORDER IMPOAVERING ZACH. AND LIDIA NOWELL AND THOMAS GOUGE,
GUARDIAN, TO SELL REAL ESTATE.

A Petition of Zachariah Nowell & Lidia Nowell, Children of ^|fj,^i.d"of the
George Xowell late of Boston Dec'' & Thomas Gouge Gaurdian to council, xvin.,

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 28.

222

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 225, 226.]

454. Mass.
Archives,
xviii., 391.

Mass.
Archives,
xviii., 390.
House Jour-
ual, pp. 116, 152.

two of his Grand Children Praying that they may be [impowered]
notwithstanding the Minority of some of the heirs, to make Sale
of a House & Land in Boston, belonging to the Estate of the Dec"
it being under Mortgage, & the House much out of Kepair, The
Money belonging to the Minors to be secured for their Use.

Eead and

Ordered that the Prayer of the Pe*° be granted. Provided the Pet"^*
give sufficient Caution to the Judge of Probate for the County of
Suffolk to apply the Proceeds of the sale according to Law. \^Passed
February 1.

Legislative
Records of the
Council, xviii.,
455. Mass.
Archives,
Ixxiii., 324.

Mass.
Archives,
Ixxiii., 322.
House Jour-
nal, p. 157.

CHAPTER 225.

ORDER ALLOWING 32/ TO EBEN« LEWIS.

A Petition of Ebenezer Lewis a Soldier in the publick Service
shewing that being upon his Duty on the Western Frontiers he was
taken sick, & put to Charge for Medicines & Nursings; Praying that
he may be allowed the said Charge out of the publick Treasury.

Eead and

Ordered that the Treasurer be directed to pay thirty two Shillings
being 2/ 6" per Week for Nursing &c to Cap^ Thomas Eaton for tlie
Pef'* Use in consideration of his Sickness mentioned. \^Passed Feb-
ruary 1.

CHAPTER 226.

Legislative
Records of the
Council, xviii.,
453, 4.55. Mass.
Archives, xlii.,
795.

Mass.

Archives, xlii.,
793-801. House
Journal,
pp. 1,52, 156, 157.

VOTE WITH STAY OF EXECUTION ACCEPTING THE REPORT OF THE COM-
MITTEE ON THE PETITION OF W" COLLINGS, TO RECTIFY A MISTAKE.

A Petition of William Collings in behalf of John Floyd & Sarah
his Wife, Shewing that in a Cause in the Inferiour Court for the
County of Suffolk between them & Ellis Bennett as Attorney to
John Bennett of London, the Cause being submitted to a Eule of
Court, & the Eeferrees making Eeport thereon by Mistake omitted
an Article of Credit for the Petitioners; Therefore praying that the
said Eeport may be returned to the Inferiour Court for Amendm*
of the said Eeport, & Execution stayed in the mean Time.

The Committee appointed to Consider the Petition of William Col-
lings annexed have heard the Eespondent Ellis Bennet together with
the Eeferrees in the Case mentioned in said Petition, & are of Opinion
that the Prayer thereof be so far granted, as that the Eeferrees be im-
powered to rectify any Mistake in their former Award by giving in
One anew. And that the Justices of the Inferiour Court within & for
the County of Suffolk be directed and as fully impowered in their
present Session, to receive such new Award, & make up Judgment,
as th6 no other Award had been given ; And that Execution be stayed
in the mean Time.

Jacob AVendell by Order.

Eead & Accepted. \^Passed February 1.

[2d Sess.] Province Laws (Besolves, etc.). — 1748-49. 223

CHAPTER 227.

ORDER DIRECTING THE PAYMENT TO PATIENCE WAMPAM, INDIAN, OF
WAGES DUE HER HUSBAND.

A Petition of Patience Wampam Indian, praying that she may Legislative
be allowed the Wages due to her dec'' Husband, for his Service in couDcif.xvUh,
the Expedition ag^* Cape Breton. ^

Read & House Jour-

Orderecl that the Committee of War be directed to pay to the province '
Petitioner, or her Order, what Wages were due to her dec** Hus- chap!'i^'"'' *^''
band. The Value of the Gun he received out of the Province Store
being first deducted. \^Passed February 1.

CHAPTER 228.

VOTE ACCEPTING THE REPORT OF V COM^ee fqR FARMING THE EX- Legislative

CISE IN YE C" OF MIDDLESEX. Coumjif, xvUi!

4S8. ' ' ''

The Report ' of the Committee for letting out the Excise in the House Jour.
County of Middlesex was Accepted by both Houses & Consented to ^nV'p'.Te'J^'
by the Governour. \^Pa8sed February 1. chap. 53.

CHAPTER 229.

VOTE ACCEPTING THE REPORT OF YE COM^ee FOR FARMING THE EX- Legislative

CISE IN YE C" OF NANTUCKET. Records of the

Council, xvui.,

488.

The Report ' of the Committee for letting out the Excise in the House Jour-
County of Nantuckett was Accepted by both Houses & Consented to "^^nie'v^m
by the Governour. \Passed February 1."^ chap'. 53.

CHAPTER 230.

ORDER DIRECTING THE COMMISSARY GENERAL TO DELIVER TO NATH^-
RICHARDSON AND SAMUEL BROWN EACH A GUN.

A Petition of Nathanael Richardson & Samuel Brown, praying Legislative
for an Allowance for the Guns which were lost by each of their Sons, coundf, l*v\^h,
when they were slain by the Indian Enemy in the Service of the ^^^chives^'
Province. ixxiii., 376.

Read and Mass.

Ordered that the Commissary General be directed to deliver to ^x'liLllTe.
each one of the Pef^ a Gun out of the Province Store in answer House' Jour,
to this Pet''.^ ^Passed April 6. "''•' ^''

> No report has been found.

* Adjourned to April 5. See Legislative Records of the Council, xviii., 489,
^ The House Journal, p. 159, and Mass. Archives, Ixxiii., 376, adds the name of Samuel
Frost to the above petitioners.

224

Province Laws {Resolves^ etc.). — 1748-49. [Chaps. 231-234.]

CHAPTER 231

ORDER GRANTING TO SAMUEL BALDWIN LICENCE TO KEEP A

TAVERN.

Legislative
Records of the
Council, xviii.,
457. Mass.
Archive?, cxi.,
161.

Mass.

Archives, cxi.,
160. House
Journal, p. 159.

A Petition of Samuel Baldwin of Weston, praying Liberty to
keep an Inn or Tavern at Weston in the House of M''* Sibil Wool-
son, the only licenced House in said Town, he being approbated
by the Select men of said Town.

Read and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Middlesex be allowed if they See cause at their ad-
journment on the 11"' Curr^ (It appearing that the Pef is appro-
bated by the Select men of Weston) to grant the Pef a Licence
to keep a House of publick Entertainment, the time for granting
Licences being elapsed notwithstanding. \^Passed A])ril 6.

CHAPTEE 232.

ORDER DIRECTING THE PAYMENT OF THE WAGES OF ZACH. BLODGET

TO HIS FAMILY.

Legislative
Records of the
Council, xviii.,
457. Mass.
Archives,
Ixxiii., 403.

Mass.
Archives,
Ixxiii., 404, 405.
House .Jour-
nal, p. 16-2.

Inasmuch as Zacheus Blogget a Soldier in the Service of the
Province was slain by the Indian Enemy the last Summer, and He
having left no other Estate than the Wages due from the Province
Therefore

Ordered that the Treasurer be directed to Pay s"^ Wages to Cap'
Sam' Chamberlayne to be by him paid among the Brethren and
Sisters of the Dec'd according to Law. [Passed April 7.

CHAPTER 233.

ORDER DIRECTING THE PAYMENT OF THE WAGES OF HENRY CHAND-
LER TO HIS FATHER.

Legislative Ordered that the Treasurer be directed to pay the Wages due

Records of the ^^ ^, ^, , i -m n • ^ i n • /• ,i t? •

Council, xviii., to Henry Chandler, wlio was kill d m the Service oi the Province

Archives?' at the Ashuelots, to His Father William Chandler. He accounting

ixxiii., 40-2. with any Adm"' that may be app**'^ upon the Estate of the Deceas'd.

Ho»3e .Jour- [Passed Ajjril 7.

CHAPTER 234.

ORDER ALLOWING £16. 5 TO DAVID WARREN.

Legislative
Records of the
Council, xviii.,
4,o8. Mass.
Archives,
ixxiii., 400.

Mass.
Archives,

A Petition of David Warren, praying for an Allowance from
this Court in Consideration of his Losses & Sufferings by means
of his Captivity among the French & Indians when Fort Massachu-
setts was taken & burnt by them.

Read and

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 225

Ordered that the Province Treasurer be directed to Pay the Pef hou^"'j°'''
Sixteen pounds five Shillings out of the appropriation for paying nai, pp. 159, 162.
Musterrolls in full consideration for his Services and Sufferings
within mentioned. \^Passed April 7.

CHAPTEK 235.

ORDER ALLOWING £3. 15 TO ROB^ SEVER.

A Petition of Robert Sever, praying that he may be allowed the Legislative
Sum of three Pounds fifteen Shillings in Consideration of Bills of councu'xvm^,
this Province of that Value being destroyed when his House was ^^- Mass.

I , o ^ Archives,

burnt. Ixxxvil., 48.

Read and Mass.

Ordered that the Treasurer be directed to deliver to Joseph Buck- ^^^vlf %7
minster Esq"" the Sum of three pounds fifteen Shillings to be paid to House Jbur-
the Per in answer to the within written Pet°. [Passed April 7. ""^^'^v-i^d.m.

CHAPTER 236.

RESOLVE CONSTRUING Y^- LAW AB^ RATEABLE ESTATES.

Whereas a Doubt arises upon the Construction of the following Legislative
Words in the Act for enquiring into the rateable Estate of the Prov- counc'ir xim^
ince Viz'' "all rateable Estates both real and personal within their 459. Mass.

,■ rr\ 11 1 Archives, cii.,

respective i owns. 4i9.

Resolved that it is intended that an Account shall be given in of House Jour-
the whole personal Estate belonging to any Inhab'* of any Town, proVmc^'
unto the assessors of said Town although at the time of taking Laws, in., 425,
the valuation, such personal Estate may not actually be within the ^ ^^'
bounds or Limits of such Town. [Passed April 8.

CHAPTER 237.

ORDER ALLOWING £12. 12. 11 TO JN" BREWER.

Ordered that the Treasurer be directed to pay to John Brewer or Legislative
Order the Sum of Twelve pounds twelve Shillings & eleven pence coundf,xvm^

in Order to make up the Deficiency in the Sum granted to him for ^_^

eighty five Weeks & two Days billeting Canada Soldiers, as pass'd Ho"se Jour-
the ninth of April last. [Passed April 8. ("Ipni, ms) ;

p. 161.
1 The words quoted are underlined in Mass. Archives.

226

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 238-240.]

CHAPTER 238.

Legislative
Records of the
Council, xviii.,
459. Mass.
Archives, cxi.,
165.

Mass.

Archives, cxi.,
164. House
Journal, p. 163.

ORDER GRANTING TO WILL" BRIANT, JUN^, LICENCE TO KEEP AN INN.

A Petition of William Briant Jun' of Reading Imiholder; Pray-
ing that the Justices of the Peace for the County of Middlesex may
be impowered to licence him to keep a Tavern in an other House
about ten Rods distant.

Read and

Ordered that the Justices of the General Sessions of the Peace for
the County of Middlesex be allowed and impowered to grant the Pef
a Licence to be an Liholder in the House within mentioned at their
Adjournment on the 11^'^ Curr^ (if they See cause) the time for grant-
ing Licences being elapsed notwithstanding. \JPassed April 8.

Legislative
Records of the
Council, xviii.,
461.

Legislative
Records of the
Council, xviii.,
397. House
Journal,
p. 270 (April,
1748) ; pp. 12,
44, 77, 119, 125,
126, 167. Ante,
p. 159, Chap. 46.

CHAPTER 239.

ORDER ACCEPTING THE REPORT OF Y^ COMM^ee ON Y^ PETITION OF
WRENTHAM, BELLINGHAM, &C.

James Minott Esq^ from the Committee on the Petition of
Wrentham & Bellingham Inhabitants &c. gave in the following
Report; viz*

The Committee to whom was recommitted the Affair of the new
Precinct made out of Medway, Holliston, Bellingham & the West-
erly Precinct in Wrentham, having again met & considered the same,
are of Opinion, y* thro the Multiplicity of Difficulties, which attended
that Affair, there was a Mistake made, in Including in the New Pre-
cinct, Eleazar Fisher & his Lands & the Lands of Ezra Pond, & George
Demings Land lying in Holliston, as also the Land of John Golds-
bury, which we think ought to be excluded out of the new Precinct.

All which is humbly submitted James Minott ^ Order

Read &

Ordered that this Report be Accepted, & the Persons & Estates
mention'd in the Report are excluded from said Precinct accord-
ingly. [^Passed April 10.

CHAPTER 240.

Legislative
Records of the
Council, xviii.,
462. Mass.
Archives, cxi.,
167.

Mass.

Archives, cxi.,
166. House
Journal, p. 168.

ORDER GRANTING TO BENJ^ JOHNSON LICENCE TO KEEP A TAVERN.

A Petition of Benjamin Johnson of Woburn Shewing that he is
removed into a House in said Town that was lately Cap' Nathanael
Blodget's which has been used as a Tavern for ten Years past. There-
fore praying that the Justices of the Peace for the County of Mid-
dlesex may be impowered to grant him a Licence to keep a Tavern
in said House.

Read and

Ordered that the Justices of the General Sessions of the Peace
for the County of Middlesex be allowed and impouered at their
Sitting on the 11**^ Curr' to grant the Pet' a Licence to keep a

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 227

house of publick Entertainment if they See cause. (He first Obtain-
ing the approbation of the Select Men of the Town of Woburn) the
time for granting Licences being elapsed notwithstanding. \^Passed
April 10.'

CHAPTER 241.

ORDER GRANTING TO CRISP BRADBURY LICENCE TO KEEP A TAVERN.

A Petition of Crisp Bradbury of Haverhill, Praying this Court g®^*^^^"^! .v,
to impower the Justices of the Peace in the County of Essex to grant Council, xvm.^,
him a Licence to keep a Tavern in a House lately Joseph Dows in ArchWesTcxi.,
said Town, now a Tavern. i63.

Read and Mass.

Ordered that the Justices of the Gen' Sessions of the Peace for 162!^ House^'"'
the County of Essex be allowed and impowered at the Adjournm'^ Journal, p. les.
of their session in May next to grant the Pef a Licence if they see
cause, the time for granting Licences being elapsed notwithstand-
ing. \^Passed April 11.''

CHAPTER 242.

ORDER TRANSFERRING £1,100 FROM THE APPROPRIATION FOR GRANTS
TO THE APPROPRIATIONS FOR THE PAYMENT OF DEBTS WHERE
THERE IS NO ESTABLISHMENT AND FOR CONTINGENCIES.

Ordered that the Sum of One thousand Pounds be taken from the Legislative

lords of t
incil, xviii..

Appropriation of £18,000 for Grants k carried to the Appropriation Records of the

of £3,000 for Payment of Debts where there is no Establishm* 1^

Ordered also that the Sum of One hundred Pounds be taken from Ho"se Jour-
the said Sum of £18,000 & carried to the Appropriation for Contin- proVmce '
gencies. [Passed April 11. S-'s-""*"'*'

CHAPTER 248.

ORDER DIRECTING THE COMMISSARY GENERAL TO DELIVER A GUN

TO EPH" ALLEN.

A Petition of Ephraim Allen praying to be allowed for a Gun Legislative
which was lost when his Son Elijah Allen was killed by the Indian councif, xihx,
Enemy while he was in the Service of the Province 46i. Mass.

-r, -^T , Archives,

Head and ixxiii.,340.

Ordered that the Commissary Gen' be directed to deliver the Pef^ House Jour-

a good gun out of the Province Store, \^Passed April 11. nai, pp. 159,168.

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

" This date is according to Mass. Archives; according to Legislative Records of the
Council the date is April 8.

228

Province Laws {Resolves^ etc.). — 1748-49. [Chaps. 244-247.]

CHAPTER 244.

ORDER ALLOWING £21. 10 TO ISAAC PARKER.

Legislative
Records of the
Council, xviii.,
462. Mass.
Archives,
Ixxiii., 377.

Mass.
Archives,
Ixxiii., 378.
House .Jour-
nal, pp. 159, 169.
Ante, ]). 91,
chap. 225.

A Petition of Isaac Parker, praying for some Allowance from
this Court in Consideration of his Losses & Sufferings by means
of his being taken Prisoner by the Indian Enemy while in the Ser-
vice of this Province.

Read and

Ordered that the Treasurer be directed to Pay the Pef twenty
one pounds ten Shill^* in consideration of his Services and suffer-
ings abovementioned. \^Pa8sed April 11.

CHAPTER 245.

ORDER allowing £10 TO JABEZ SWETT.

Legislative
Records of the
Council, xviii.,
462. Mass.
Archives,
Ixxiii., 383.

Mass.
Archives,
Ixxiii., 383.
House Jour-
nal, pp. 161, 169.

A Petition of Jabez Swett of Ipswich setting forth his Services
& Sufferings in divers Indian & French Wars, & his present helpless
& infirm State, & therefore praying for some Releif from this Court.

Read and

Ordered that the Treasurer be directed to Pay to John Choate
Esq'' ten pounds for the Use of the Pe*'" in consideration of his
services and Sufferings within mentioned. \^Passed April 11.

CHAPTER 246.

ORDER ALLOWING £10 TO ROB^ COOPER.

Legislative
Records of the
Council, xviii.,
462. Mass.
Archives,
Ixxiii., 369.

Mass.
Archives,
Ixxiii., 368, 370.
House Jour-
nal, p. 169.

A Petition of Robert Cooper, setting forth his Services & Suffer-
ings in divers Wars with the Indian Enemy, & being by that means
disabled from Labour, & reduced to Poverty, praying for some Relief
from this Court.

Read and

Ordered that the Treasurer be directed to pay to Israel Williams
Esq' ten pounds for the Use of the Pef in consideration of his Ser-
vices and Sufferings within mentioned. [^Passed April 11.

CHAPTER 247.

ORDER ALLOWING £5 TO JAM^ PIERCE.

Ordered that the Treasurer be directed to pay to Cap* John Gard-

Legislative
Records of the
Council, xviii.,
463. Mass.

ixxiii.%12. ner five pounds for the Use of James Pierce a Soldier in the late
House Jour- Expedition ag* Cape Breton. \^Passed April 13.

nal, pp.74, 79,
172.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 229

CHAPTER 248.

ORDER IMPOWERING THE TOWN OF BRADFORD TO EXECUTE A DEED.

A Petition of William Hardy in the Name of the Town of Brad- R|ford"of th
ford t& Jonathan Chad wick of said Place, with the Consent & at the council, xvui.,
request of the Minister of the said Town, praying that the said Town ArchWeY.^xii.,

617

may be impowered to exchange six Acres of the Ministry Land for

so much of the Land belonging to the said Chadwick, which is much Mass.

more commodious for the Ministry eie-eil^^House

Read & Journal, p. 172.

Orderd that the prayer of the petition be granted & that the
Town of Bradford be & they are hereby impower'd to execute a
good & sufficient deed of Conveyance of the Six Acres of Land
referrd to in this petition to the said Joseph Chadwick & his Heirs
in exchange for Six Acres of said Chadwicks Land the said Six
Acres to be & remain appropriated to the same Use to which the
Six Acres convey'd to said Chadwick stood appropriated. [Passed
April 13.

CHAPTER 249.

ORDER ALLOWING £5. 10 TO JOSEPH GRAVES.

A Petition of Joseph Graves praying that he may be allowed Pay Legislative
for his Service as a Soldier which by reason of his being absent upon councfi^xvm.^
Lameness, when the Muster Roll was made up. He was not enter'd ^^- Mass.

• 1 T-) 11 ^ ' Archives,

m said Roll. ixxiii., ssV.

Read and i;^;^^

Ordered that the Treasurer be directed to pay to Joseph Buck- j^^^^n'^Hv

minister Esq'' five pounds ten Shillings for the Use of the Pet' in House Jou'r.

full for his Service mentioned. [Passed April 13. nai,pp.i7o,i7i.

CHAPTER 250. KKthe

Council, xvili.,
463.

ORDER ALLOWING £42. 3. 6 TO ROB'^ WATT.

House Jour-
nal, pp. 164, 173.

Ordered that the Committee of War be directed to pav Robert Province

-IT7 i J J 1 oi (• T-\ J T-« 11 1 -TT. n . . Laws, XIU., 596,

Watt the Sum oi J^orty two Pounds three shillings & six pence m chap. 8.
full Discharge of his Accompt of Cloathing &c. [Passed April 13.

CHAPTER 251.

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL C.

The Accompt of James Williams Esq'' Treasurer of the County Legislative
of Bristol for the Year 1747, having been laid before the Court councif, x vin!!
of General Sessions of the Peace for the said County & by them 464.

allowed. House Jour-

Read & nal,pp.l],121.

230

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 252-254.]

Ordered that the Ballance due to the within mentioned County,
being Five pounds & three i^ence Old Tenor, the s'^ Treasurer be
accountable to s'' County for;

Ordered also that the said Treasurer be discharged from the Sum
of Nine hundred & fifteen Pounds eighteen Shillings old Tenor
Assessed on the several Towns now beyond the Line run by the
Government of Rhode Island. \^Passed A2)ril 18.

CHAPTER 252.

ORDER ALLOWING £10 TO MOSES WASHBURN.

Legislative
Records of the
Council, xviii.,
464. Mass.
Archives,
Ixxiii., 361.

Mass.
Archives,
Ixxiii., 360.
House Jour-
nal, pp. 162, 173.

A Petition of Moses Washburn, praying for some Allowance
from this Court in Consideration of his Losses & Sufferings in his
late Captivity, being taken by the Indians while he was in the Ser-
vice of the Province

Read and

Ordered that the Treasurer be directed to pay to James Williams
Esq'' the Sum of ten pounds for the Use of the Pef in consideration
of his Services and Sufferings within mentioned. \^Passed April 13.

CHAPTER 253.

ORDER ALLOWING £8. 10 TO MARK PERKINS AND A GUN.

Legislative
Records of the
Council, xviii.,
464.

House Jour-
nal, pp. 159, 171.

A Petition of Mark Perkins, Praying for some Allowance from
this Court in Consideration of his Losses & Sufferings in his late
Captivity, being taken Prisoner by the Indian Enemy while in the
Service of this Province Read &

OrderedihoX the Treasurer be directed to pay the Petitioner Eight
Pounds ten Shillings in Consideration of his Services & Sufferings;

Ordered also that the Commissary General be directed to deliver
him a good Gun out of the Province Store. \^Passed April 13.

CHAPTER 254.

ORDER ALLOWING £19. 11 TO THO*^ FLETCHER.

Legislative
Records of the
Council, xviii.,
464.

House Jour-
nal, pp. 164. 171.

A Petition of Ensign Tliomas Fletcher, praying that he may
be reimbursed out of the publick Treasury the Sum of Eighty
Pounds Old Tenor, which he expended in the publick Service,
when scouting on the Frontiers. Read &

Ordered that the Sum of Nineteen Pounds eleven Shillings be
paid by the Treasurer to M'' Ephraim Jones for the Use of the
Petitioner in Consideration of his Expences mentioned. [Passed
Ajjril 13.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 231

CHAPTER 255.

ORDER ALLOWING £15 TO JN" HENDERSON AND A GUN.

A Petition of John Henderson, praying for some Allowance Legislative
from this Court in Consideration of his Losses & Sufferings in his councif, x^ ^"^^
late Captivity, he being taken Prisoner by the Indian Enemy while ^4- Mass
in the Service of the Province ixxiii.,40'7.

xvm..

Read and Mass.

Ordered that the Treasurer be directed to pay to Cap*^ William ^^^^^406
Richardson the Sum of fifteen pounds for the Use of the Pef in House'jour-
consideration of his Services and Sufferings within mentioned. And 173.'^^" ' '
that the Commissary Gen' be directed to deliver him a good gun out
of the Province Store. \^Passed April 13.

CHAPTER 256.

ORDER ALLOWING £22 TO SAM^- HOVEY. Legislative

Records of the

A Petition of Samuel Hovey, setting forth his Services & Suffer- 4^"°Ma88^"^''
ings in the late Expedition against Cape Breton; & praying for some \^^^i^^i~.i
Allowance from this Court, in Consideration thereof. u&&^

Read and Archives,

Ordered that the Committee of War be directed to pay the Sum of House Jour,
twenty two pounds to Cap' Hobson for the Use of the Pef in full province"^' ^^^'
satisfaction for his expences within mentioned. \ Passed April 13. Law8,xiii.,465,

CHAPTER 257.

ORDER substituting M'' WORTHINGTON FOR CAP^ RICHARDSON ON Legislative

THE COMMITTEE FOR THE STOCKBRIDGE AFFAIR. Records of the

Council, xvin.,
465.

Ordered that M' Worthington be of the Comm"'' ' to repair to m^.
Stockbridge to settle the Division of Lands between the English xxxi%M-6o-
& Indian Inhabitants &c. in the room of Cap* Richardson who House Jour- '
desires to be excused from that Service. \^Passed April 14. m!^^Post','*'

p. 272, chap. 24.

CHAPTER 258.

ORDER ALLOWING £27. 2. 9 TO CAP^ HUMPHRY HOBBS.

A Petition of Cap* Humphry Hobbs, praying that he may be Legislative
allowed the Charges contracted thro his Sickness in Boston the counc'if, xVm^,
last Winter, while he attended the Governour & Council for the ^5. Mass.
passing of his Muster Rolls. 1x^x111^3^92.

Read and House Jour-

Ordered that the Treasurer be directed to pay the Pef twenty na'. pp- i'2. ns.
seven pounds two shillings and Nine pence in consideration of his
Expence abovementioned. [Passed April 14.

* The appointment of this committee appears in Mass. Archives, xxxi., 606.

232

Province Laws {Resolves^ etc.). — 1748-49. [Chaps. 259-262.]

CHAPTER 259.

ORDER ALLOWING £2,125 TO Y^ COMM^^^e OF WAR.

Legislative
Records of the
Council, xviii.,
465.

Mass.
Archives,
Ixxiii., 310-313.
House Jour-
nal, pp. 143, 171,
173, 174 bis.
Province
Laws, xiii.,465,
chap. 1.

A Petition of John Osborne Esq"" in behalf of the Committee
of War for the late Expedition against Cape Breton &c. setting
forth their long, laborious & difficult Service, & Praying for a
Recompence for the same.

Read &

Ordered that Two thousand one hundred & twenty five Pounds
be allowed the Committee of War out of the Money in their Hands,
to be proportioned among said Committee according to their Ser-
vices. \^Passed April 14.

Legislative
Records of the
Council, xviii.,
465. Mass.
Archives,
Ixxiii., 362.

Mass.
Archives,
Ixxiii., 362, 363.
House .Jour-
nal, pp. 159, 175.

CHAPTER 260.

ORDER ALLOWING £3. 3. 6 TO JOSEPH BATES.

A Petition of Joseph Bates a Soldier, praying that he may be
allowed the Charges of his Sickness during his being in the pub-
lick Service

Read and

Ordered that the Treasurer be directed to Pay to Cap* Thomas
Reed three pounds three shillings and Six pence for the Use of
the Pef in full consideration of his expences within mentioned.
[Passed April 14.

CHAPTER 261

ORDER ALLOWING £6 TO THO^ MELLEN.

Legislative
Records of the
Council, xviii.,
465. Mass.
Archives,
Ixxiii., 389.

Mass.
Archives,
Ixxiii., 390, 391.
House Jour-
nal, pp. 171, 175.

A Petition of Thomas Mellen, Praying for an Allowance from
this Court for the Charges lie was at in the Sickness of his Servant
John Crooks, while he was a Soldier & returned Home upon Furlow.

Read and

Ordered that the Treasurer be directed to Pay to Joseph Buck-
minster Esq'' for the Use of the Pef the Sum of Six pounds in
answer to this Pet°. [^Passed April 14.

CHAPTER 262.

ORDER continuing DIVERS ESTATES TO ¥•= 1^^ PRECINCT IN MIDDLE-

BORO.

Legislative
Records of the
Council, xviii.,
466. Mass.
Archives, xii.,
578, 584.

Mass.
Archives, xii.,

The Memoriol of the first Precinct in Middleborro. Humbly
Sheweth the List of Names file'* by Ezra Clap & his Essasiates by
order of this Hon''''^ Court as they say in the Secratary office in
Order to make them a Distinct & Sepa' Precinct ' includes in it a
Number ' Both in Church & Precinct that Actually Voted with us

MS. mutilated.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 233

in the Setlement of m'' Wild our Now Minnister as also miners with- fJ^^e^Reconls'
out the Concent of their Gardians which we Cant Conceive to be of the Council,
the Intention of this Hon''''^ Court and Likely to Occasion many 431^445^^465^^^'
Disputes & Controversies in the Law unless Prevented by this ^^1"^*^ '^20-^"
Hon^'*' Court Wherfore we Humbly Pray this Courts Determina- 208,'2ii;22i'
tion Respecting the Premisses & your. Petetin'' shall. Ever Pray pp^vT^n'e, 124,
As in Duty Bound ^i^tl% ^i^^'

Read, with the Answer of Ezra Clap Agent for the new Precinct chap! 251. '
in Middleboro; And whereas it appears that the taking of Aaron
Simons & Gershom Cobb jun' into the List lodged in the Secre-
tary's Office is not agreable to the Order of this Court respecting
that Affair, Therefore,

Ordered that the said Aaron Simons & Gershom Cobb jun'' with
their Estates be continued to the first Precinct in said Middlebor-
ough. \_Passed April 14.

CHAPTEK 263.

ORDER ALLOWING 16/ TO JOHN GREEN AND 17/ TO EZRA MERRECK.

A Petition of John Green & Ezra Merrick : Praying to be allowed ^^«'^'?**^|,k»

T • -I i> 1 • • 1 •! -vr IV i J 1 • Kecords or the

whatisdue to them tor subsisting themselves 111 the Year, 1744, being council, xviii.,
then Soldiers in the Service of this Province. Archives?'

Read and ^^^"'- ^^^^-

Ordered that the Treasurer be directed to pay to M"" William Hardy "^lass.

± tj J A.rchiv6s

Sixteen Shill^'' to be repay'd to John Green and Seventeen Shill^^ ixxiu., 4ii.
to be repay'd to Ezra Merreck within named They being paid Short
those Sums when in the Service of the Province.' [Passed April 14.

CHAPTEK 264.

ORDER ALLOWING £15 ANNUALLY DURING HIS LIFE AND A FURTHER
SUM OF £15 TO JOB STANWOOD.

A Petition of Job Stanwood a Soldier in the late Expedition Legislative
against Cape Breton praying for some further Allowance from this coundf, xviuf,
Court in Consideration of the Loss of his Arm in that Service, & 466. Mass.

A.i*cnivcs

being disabled from Labour. ixxiii., see.

Read and Mass.

Ordered that the Sum of fifteen pounds new tenor Bills (or other i4x^^"'||'5.
Money equivalent thereto) be paid out of the publick Treasury ^°'^^^ '^n^\n.
Annually, to the within named Job Stanwood during his Life in ^ntl%. ii4,
consideration of his Sufferings in the late Expedition against Cape ^^^^^- '^^•
Breton And Inasmuch as the Pef has had no allowance for

the last year.

Ordered that the Treasurer be directed to Pay to Cap' James
Davis for the Use of the Pef the Sum of fifteen pounds. [Passed
April 14.

^ Not found in the House Journal.

234

Province Laws (i^esoZves, e^c.). — 1748-49. [Chaps. 265, 266.]

CHAPTER 265.

ORDERS ERECTING Y^ PROP^s OF Y^- N*^ WEST PART OF RUTLAND INTO
A SEPARATE DISTRICT AND CALLING A TOWN MEETING.

Legislative
Records of the
Council, xriii.,
466. Mass.
Archives, cxv.,
456.

Mass.

Archives, cxv.,
453. House
Journal,
pp. 170, 175.

A Petition of Thomas Prince & others a Committee of the Pro-
prietors of the North Westerly Quarter of Kutland Township, pray-
ing that the same may be made a District & vested with the Powers
& Priviledges which Towns by Law enjoy, And that the Lands may
be taxed for the Support of the Ministry & other Purposes in said
Petition mentioned

Read and

Ordered that tlie prayer of the Pet° be so far granted as that the
Lands in the Northwesterly Quarter of the Township of Rutland
described in said Petition and delineated in the plan presented there-
with & the Inhabitants thereon, be erected into a separate district
with full power to choose Town Officers, Grant & raise money from
time to time to defrey the necessary charges arising upon said dis-
trict & for managing the other x\ffairs relating to said District,
setling a Minister, erecting a meeting house granting & making
all needful Roads and highways together with all other Powers
Priviledges and Immunities that Towns by Law enjoy, saving only
the Priviledge of sending one or more Rep"*^^ to the General Assem-
bly, in lieu whereof there is hereby declared to be reserved to them
the said Inhabitants all and every the Powers Rights and Priviledges
of Joynin[g] ' with the Town of Rutland in the choice of Rep"^^*^^
and of being chosen to Represent said Town which by Law they
now may or do enjoy and the said Town of Rutland are required
to notify the said Northwest Quarter of all Meetings for the choice
of Rep"*^ in like manner as they now by Law are required to Notify
them. And it is further

Ordered that Thomas Tailor an Inhabitant of said Northwest
Quarter be hereby impowered to call a meeting of said District
for the choice of Officers for the present Year on the fifteenth of
June next to be held in said place of which he is to give notice by
posting up notification in some Publick place in said district seven
days at least before the time for holding said meeting.

Also

Ordered that the Pet'" notify the Non-resident Proprietors of the
Lands mentioned in said Petition by inserting the Substance of said
Pet" so far as it relates to a Tax in the Boston Gazette or some other
publick Prints three weeks successively that they shew cause if any
they have on the second Friday of the next May Session why the
Prayer thereof respecting a Tax should not be Granted. [Passed
April 14.

CHAPTER 266

ORDER REFERRING THE PETITION OF THC^ CHUTE AND OTHERS OF
NEW MARBLEHEAD.

RecordfJnhe ^ PETITION of Thomas Chute & others Inhabitants of the Town-
Councii.xviii., thlp of Ncw Marblchcad, shewing that whereas they were allowed
Archives,*' to have eighteen of the said Inhabitants to be in the Pay «& Sub-

Ixxiii., 349.

> MS. mutilated.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 235

sistence of the Province, Cap* Daniel Hill (the Commander there) Mass.

has discharged the said men (as he says) by Order of the Governour, ixxm., 348.

& Praying that they may be restored to said Priviledge uaTin/ies"

Read and \' V^'' iJ

Aiitfi V) 108

Ordered that the consideration of this Pet° be refer'd till the next chap'. -273. '
Sitting of this Court. [Passed Ajjril 14. Wr«,chap.

CHAPTER 267.

ORDER REFERRING THE MEM" OF CPT DAN"' HILL IN REGARD TO

HIS CONDUCT.

A Memorial of Cap* Daniel Hill, shewing that he is informed r*'?*®'^**^^.!^
that there are Complaints of his Conduct from the Inhabitants of Council, xvm.,
New Marblehead & Gorham Town lying before this Court, and set- Archivest^'
ting forth his Conduct as to the Matters complained of. ixxm., 344.

Eead and Mass.

Ordered that the Consideration of this Memorial be refer'd till ixxiii.^341.
the next Sitting of this Court. And that the Commissary Gen^ be ^a^i^ itt"'^
directed to detain in his Office the next Muster roll of the Memo- supra^ chap,
rialist in the mean time. [Passed April 14. chap.aea!"'

CHAPTER 268.

ORDER REFERRING THE PETITION OF JOHN PHINNEY AND OTHERS
OF GORHAMTOWN.

A Petition of John Phinney & others Inhabitants of Gorham Legislative
Town, shewing that whereas this Court had allowed Pay & Sub- councif xvin^
sistence for fourteen Men of s^ Place, Cap* Daniel Hills (the Com- 467- Mass.
mander there) has now discharged them, alledging the Order of the ixxiii.^'sso.
Governour for it; And therefore Praying that they may be restored House Jour-
to said Priviledge nai, pp- les, ne,

& 177. Ante,

Kead and p. los, chap.

Ordered i\\a,i the consideration of this Pet" be referd till the next chap. 267.'*''
Sitting of this Court. [Passed April 14.

CHAPTER 269.

ORDER ALLOWING £1. 5 TO THO*' BOLTON.

A Petition of Thomas ' Bolton, praying for some Allowance Legislative
from this Court in Consideration of his Losses & Sufferings by c^uncff, xvm^
means of his beino- taken Captive by the Indian Enemy while he 468. Mass.

.10-J5J.1-T-.- Archives,

was in the Service of this rrovmce ixxiii., 38i.

Read and Mass.

Ordered that the Treasurer be directed to pay to Jeremiah Powell ^x^'m.^ssi
Esq' the Sum of One pound five Shillings for the Use of the Pef in House Jour-
answer to this Pet". [Passed April 15. °''^' ^'- ™-

' " William,'' in the House Journal, p. 178.

236

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 270, 271.]

CHAPTEK 270.

Legislative
Records of the
Council, xviii.,
468. Mass.
Archives,
xlvi., 190.

Mass.
Archives,
xlvi., 189.
House Jour-
nal, pp. 172, 173.

ORDER IMPOWERING STEPH^ CHURCHILL, ADM", TO EXECUTE A DEED

OF REAL ESTATE.

A Petition of Stephen Churchill, Father of Ephraim Churchill
late of Plimouth Dec'' & Administ"" on his Estate, praying that he
may be impowered by this Court to execute a Deed of a House &
Land to M'' Edward Dotey of Plimouth which he had firmly agreed
to purchase of the said Ephraim in his Life Time for £500 Old Ten''
but his Death prevented his executing the Deed.

Read and

Ordered that the Prayer of the Pet" be granted And that the
said Stephen Churchill (in his capacity of Adm"") be and he hereby
is Enabled to Execute a good Deed of the House and Land within
mentioned to Edward Dotey within named, upon said Edward Pay-
ing him five hundred pounds old tenor The said Stephen first giv-
ing caution to the Judge of Probate for the County of Plymouth
to account for said Sum agreable to Law. [^Passed April 15.

CHAPTER 271

Legislative
Records of the
Council, xviii.,
367, 469. Mass.
Archives, xix.,
48.

House Jour,
nal, p. 21
(June, 1745-
46); pp. 37,178.
Province
Laws, xii.,86,
chap. 181.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF EDWi" HUTCHINSON, ESQ«, & M^^ MARY WOLCOTT.

A Petition of Edward Hutchinson Esq"" & M" Mary Wolcot,
shewing that in the Year 1657, the Government of the Massachu-
setts Bay granted to Major Thomas Clark their Grand Father,
three hundred Acres of Land on this Side of Connecticutt River,
which was part of the Land for which an Equivalent was given
to the Colony of Conneticutt, that the said Land has been pos-
sessed by the Grantee & his heirs till the Year 1730, when some
of the Inhabitants of Conneticutt took Possession of it, that the
Petitioners have pursued their Right in the Common Law, & peti-
tioned that Government for Releif, but all has been without Effect,
Therefore praying that this Court would give such Orders as may
be effectual for their Releif,

The Committee appointed to consider the Petition of Edward
Hutchinson Esq"" & Mary Wolcott, find that in the year 1745, a
Letter was prepared & sent by Order of this Court, directed to
the Secretary of the Colony of Connecticutt to be laid before the
General Assembly of that Colony, urging the said Colony's doing
Justice to the Petition" respecting the Land mentioned in the Peti-
tion, to which no Answer has been yet made; The Committee are
therefore of Opinion, that the Draught of another Letter concern-
ing that Affair be prepared & forthwith sent to the Government of
Connecticutt insisting upon a speedy Answer thereto.

By Order of the Comm'^'' Joseph Wilder

Read and

Ordered That this Report be and hereby is accepted and that the
Draught of another letter be prepared and forthwith Sent accord-
ingly. \^Passed April 15.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 237

CHAPTER 272.

ORDER ON THE PETITION OF MARY WOLCOTT ADM-^ & JN'' DODGE TO
BRING FORWARD A WRIT OF REVIEW.

A Petition of M"^' Mary Wolcott Widow & Adminisf of the Legislative
Estate of John Wolcot Esq^ (her Son) late of Salem Dec^ & John councn'xlm^.
Dodo;e of AVenham, Praying this Court to stop Process on a Writ 469. Mass.

• • ' */ o _ i Archives \lii

of Scire facias or any Execution that may issue upon a Judgment 822. ' ' ''

obtained by Nathan Bowen at the Superiour Court on Appeal, upon Mass.

a Note of hand given by the said John AVolcott to one Joshua Ward ^^'''housc"'

till the Petitioners bring their Writt of Reveiw to the next Supe- Journiii, p. 177.

riour Court in the County of Essex, & that they may be impowered ^hap. 262!*^'^'

to reveiw the said Cause accordingly; And that the Bond given by

the said Dodge & others may be of no other Effect than if it had

been given for reviewing the said Judgment at the Superiour Court

to be held in said County in June next.

Read and

Ordered that the Prayer of the Pe'" be so far granted as that no
Process of scire Facias or any Execution Issue on the Judgment
upon the appeal founded on the note of hand within mentioned
but that the same be staid till a Writ of Review may be purchased
and a New tryal had upon the review of the last mentioned Judg-
ment Provided the Pef bring forward the Same at the next Sup""
Court of Judicature to be holden at Ipswich within the County of
Essex and the Justices of the said Court are Impower'd to hear and
try the said Cause enter up Judgment thereon and Award Execution
accordingly, and all Process on the Bond within mentioned is also
Staid until a Judgment be had upon the review of the Judgment
that was obtain'd upon the aforesaid Appeal, and said Bond to be
of no other force or effect then if it had been given to Review the
Judgment at the s'^ sup"" Court to be holden at Ipswich in the Month
of June next. Provided the Pef give Sufficient Security to the

Sheriff of the County of Essex to pay such Sum or Sums as shall
finally be recovered of him with Interest therefor till Judgment be
given. \^Passed April 15.

CHAPTER 273.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE AFFAIR
OF THE TOWN OF BERWICK AND DIVIDING SAID TOWN INTO TWO
PRECINCTS.

A Petition of Elisha Plaisted & John Hill Esq' & a great Num- Legislative
ber of others Inhabitants of the Town of Berwick, setting forth the couSS x^vul.
Difference among the Inhabitants there respecting the building a 391 470.' Mass!
Meeting House ; that the said Town have Voted a Meeting House .559. ' ' ''
to be built in a very inconvenient Place; And therefore praying Mass.
that the Petitioners may be exempted from paying towards the ^s^^el.^'^^gis-
Charge of that Meeting House, that the Town may be divided lative Records
into two Parishes, And that a Committee may be sent to veiw & xvin^, 433'!"*'' '
consider their Circumstances & report thereon. SiTppa27''i28

In Obedience to the Order of the General Court of the 31'' of iso.'

238 Province Laws {Resolves, etc.). — 1748-49. [Chap. 274.]

Decern'' 1748. We the Committee to whom was refer'd the Petition
of several of the Inhabitants of the Town of Berwick, relating to
their Meeting House, having repaired to the said Town & veiwed the
several Parts thereof & the Situation of the Inhabitants, & heard all
the Parties concerned therein, agree humbly to report,

That the Town of Berwick be divided into two distinct & separate
Parishes, and that the Lower Parish Bounds run North from the Old
Meeting House one Mile & an half, & from thence South West & by
West to Salmon Fall River, North East & by East to the Extent of
the Township : And in as much as the Petitioners have by Subscrip-
tions erected a Commodious House, near where the Old one Stands,
which is the most sutable Place to accommodate the lower Parish,
we are humbly of Opinion that the House be there established for
the Publick Worship of Cod, & that the Petitioners ought not to
pay any part of the Tax which the said Town has made for the build-
ing another Meeting House in the Upper part of the Town, neither
will the Place where the said Town have Voted to Erect another
Meeting House be convenient for the Inhabitants in the Upper part
of the said Town, But are of Opinion that if a Meeting House for
the Upper Parish was erected near the House of Robert Cubtale, it
would be the most suitable Place to accommodate the Upper Parish,
And that altho the aforementioned Line should take in Lieu' Peter
• Grant Benjamin Hodgdon, George Brown, Grindal Knight, Noah

Thomi^son, John Knight, Andrew Walker, Lander Grant, Alexander
Grant; Daniel Grant Joseph Chadburn Jun"", Gabriel Hamilton, John
Hamilton, Richard Tharla, w^'' will be much nearer the Place pro-
posed for the Meeting House to be built in the Upper Parish ; We are of
Opinion that they & their Estates where they now dwell, should have
Liberty, if they see Cause, to Join with the Upper Parish, & there pay
the Parish Taxes ; And if the aforesaid proposed Dividing Line should
separate any Man's Land, that he pay to that Parish the whole of his
Parish Tax, in which his House stands; And that the rev'* M'' Jere-
miah Wise the present Minister of said Town, has Liberty to be Min-
ister of which of the Parishes in said Town he shall chuse; And that
the Parsonage Land in the Bounds of the Lower Parish shall remain
to that Parish, & that the Town at their Cost shall procure for the
Upper Parish One hundred Acres of the Common & undivided Land
belonging to the Proprietors of s'* Town where it can best accommo-
date them for a Parsonage

All which is humbly submitted By Order of the Com***

W" Pepperell.

Read &

Ordered that this Report be and hereby is accepted. And the Town
of Berwick is divided into two distinct & seperate Precincts accord-
ingly, to do duty & receive Privilege as other Precincts within this
Province do, or by Law ought to enjoy. \^Passed April 18.

CHAPTER 274.

ORDER DIRECTING THE COMMITTEE OF WAR TO DEMAND AN ACCOUNT
FROM PERSONS WHO HAVE RECEIVED PUBLIC MONEY.

Recordfof the Whereas sundry Persons have received Money out of the pub-
Councii.xviii., jick Treasury for the Service of the Expedition to Cape Breton, &
— others who have received Monies for the Service of the intended

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 239

Expedition to Canada & to Crown Point, have neglected to render Mass.
their Accompts, & to return the Monies that remain in y"" hands bc^xmnn, us.
respectively. »& others who have received Stores & other things for ^j^i'^®^ fiV^'^'
the Service of s*^ Expedition or some of them have neglected to Province"
give an Accompt of the Disposition thereof; ^hap!'^"'"'*^'

Therefore

Ordered that the Committee of War, or any three of them (the
Chair man always to be One) be & hereby are impowered & required
to demand an Account of all such delinquent Persons; And if they
shall not render the Same, & pay their respective Ballances before
the tenth of June next, to prosecute them in the Law to final Judg-
ment & Execution, [Passed Ajjril 18.

CHAPTER 275.

ORDER ON THE NATICK PETITION IN REGARD TO TAXES.

A Petition of the Assessors & Parish Committee of Natick ; Set- Legislative
ting forth the Diflficulties they are under respecting their Taxes by councif, xviiif,
reason of several of their Meetings being set aside by this Court, & ArcM^es^^cv.
therefore praying that the Lists of the Taxes & Assessments com- 3i8.
mitted to the Persons that were elected Constables be proceeded on Mass.
& they obliged to collect the Sums contained therein notwithstand- aiT^'^House^"'
ing their not having been sworn 'l*^'i^°^'*o¥.i ^"^'

V, T T ° Ante, p. 'in,

Kead and chap. 199.

Ordered that the Prayer of this Pet° be so far granted as that the
Province and County Taxes by them made for the Year 1748 and
Lists thereof Committed to Thomas Sauen and Sam' Morse Con-
stables Chosen June 27''' 1748 for Natick be deem'd Legal Assess-
ments to all intents and purposes. And that the said Thomas Sawen
and Sam' Morse be fully Impowered in all regards and directed to
Collect and pay in the Same as speedily as may be to the Province
and County Treasurers respectively.' [Passed April 18.

CHAPTER 276.

ORDER IMPOWERING SARAH CURWIN TO SELL LAND AND EXECUTE A

DEED.

A Petition of Sarah Curwin of Salem, Widow, praying that she Legislative
may be impowered by this Court to sell about ten Acres of Land councif, xvfn^,
belonging to the Estate of her late Husband George Curwin Dec*^ 472. Mass.

A.rcnivG8

for the Education of his Children. xvih., 42,^'.

Read and House .Jour-

Ordered that the Prayer of the Pe*° be granted and the Pef is prjj^'-nce*"
hereby allowed and impowered to Execute a good Deed of the land Laws, ii., 151,
above mentioned to any Person or Persons Who will give most for *^ ^^'
the same She Observing the Law of the Province with respect to
the Sale of Intestate Estates &c And first giving Caution to the
Judge of Probate for the County of Essex to apply the Produce to
the purposes mentioned in the Pet". [Passed April 18.

1 The final action on this petition is not found in the House Journal.

24:0

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 277-279.]

CHAPTER 277.

ORDER CONFIRMING A PLAT OF 150 ACRES OF LAND TO JOSEPH ROW.

Legislative
Records of the
Couucil, xviii.,
472. Mass.
Arcliives,
xlvi., ly3.

Mass.
Archives,
xlvi., 191, 194.
House Jour-
nal, p. 180.
Province
La\vs,xii., 76,
chap. 153; 92,
chap. 197.

A Plat of One hundred & fifty Acres of Land laid out by Joseph
Chadburn & Chainmen under Oath to fulfill a Grant made by the
General Court to Joseph Row, lying in the County of York, begin-
ning at the South Corner of a Tract of 300 Acres of Land formerly
laid out to Cap' Samuel Jordan & running South West Two hun-
dred & eighty Poles to Berwick Line, then by said Line North 14
Deg* West two hundred & fifty four Poles, then North East One
hundred Poles to the aforesaid Grant of Cap* Jordan's, then by the
Bounds thereof Southeast two hundred & eighteen Poles to the first
Station; lying about half a Mile South East of Bonebeag Pond.

Eead and

Ordered that this Plat be accepted and the land herein delineated
and described be and hereby is confirmed to the Assigns of the within
named Joseph Row their Heirs and Assigns Provided the Plat exceeds
not the quantity of One hundred and fifty Acres nor interfere with
any former Grant. \^Passed April 18.

CHAPTER 278.

ORDER CONTINUING THE ESTABLISHMENT OF PAY & SUBSISTENCE FOR
Y^- FORCES ON THE FRONTIERS.

Legislative
Records of the
Council, xviii.,
473. Mass.
Archives,
Ixxiii., 420.

House Jour-
nal, p. 183.
Ante, p. 167,
chap. 69.

Voted that the Establishment of Pay and Subsistance granted for
four Hundred Ninety Nine Men Including Officers, for the defence
of the Frontiers which expired the first of March last be continued
from that time to the last of May next.

And that His Excellency be desired to give Order that the said
four hundred Ninety Nine Men be continued in the same places
where they were Posted in November last. Saving that His Excel-
lency be desired to Cause that ten of the Men now in the Service at
Northfield be employed during the present Establishment in Scout-
ing from Ashuelot to Townshend. \^Passed April 19.

CHAPTER 279.

Legislative
Records of the
Council, xviii.,
474.

House Jour-
nal, p. 182.

ORDER ALLOWING £5 TO EBEN» LEONARD J«.

Ordered that the Treasurer be directed to pay to Ebenezer Leonard
Jun"" Five Pounds for Sixteen Weeks Billeting at six Shillings &
threepence ^ week. \^Passed April 19.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 241

CHAPTER 280.

ORDER ALLOWING £23. 7 TO JOSIAH SARTLE.

An ACCOM pt presented by Josiah Sartle of Billeting Soldiers Legislative
[Read and] goTn^^f.fvK
Ordered that the Treasurer be directed to pay to said Josiah Sartle '^

Twenty three pounds seven Shillings for sixteen Weeks & five Days House Jour.

Billeting. [Passed April 19. °^'' P" ^'■'^•

CHAPTER 281.

ORDER FOR LAYING OUT TOWNS NEAR HOOSUCK.

In the House of Rep"*^" Rlfords"of the

Orderedi\\2it Col° Dwight and Col° Choate with such as the Hon^'^ council, xvm.,

Board shall Joyn be a Comm*® to repair to the Province Lands near Archi'^vesTcxv.,

Hoosuck as soon as may be with a Skilful Surveyor and Chain men ^^

under Oath and Lay out two Townships of the contents of Six Miles Mass.
Square in the best of the land, and in as regular a Form as may be, ccixxxii!'.,55.
Joyniug them together and return a correct plat of said Townships ^a°i|^pp'\*^o,^i82.
to this Court for their further Order thereon And also that the same Province '
Committee be directed to return an account of the course and dis- chajj^ise"''
tance the said Townships bear from Fort Massachusetts and as near origin's in
as they can the quantity of interval Land contained in each Town- vviiiiamstown,
ship and what the quality of the Soil adjoyning to the said Town- ^^^
ship is.

Li Council; Read & Concur'd & Oliver Patridge Esq"' is joined in
the Affair. [Passed April 19.

CHAPTER 282.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
COL. FRAS BRINLEY, ESQ", TO BRING FORWARD A WRIT OF REVIEW.

A Petition of Col° Francis Brinley Esq"" praying that this Court R^^'^|j"of the
wou'd order Execution to be stayed on a Judgment obtained against council, xvm.,
him at the Inferiour Court by Thomas Bedunah of Roxbury (for im- Archi^ves?'
pressing him as a Soldier & receiving his Fine for his not going into ixxiii., 4i4.
the Service) until the Petitioner can bring forward his Writ of Review House Jour-
of said Action, the Petitioner being willing to give Bond for double ° ' P"
Interest in case the Judgment should be affirmed.

Read &

Ordered that the Pef serve the adverse Party with a Copy of this
Petition, that he shew cause, if any he have, on The first Fryday of
the next May Session, why the Prayer thereof should not be granted
that Excon be staid in the mean time. [Passed Apinl 19.

242

Province IjAsw^ {Resolves, etc.). — 1748-49. [Chaps. 283-285.]

CHAPTER 283.

ORDER ALLOWING £10 TO BENJ^ LOVEL.

Legislative
Records of tlie
Council, xviii.,
475. Muss.
Archives,
Ixxiii., 415.

Mass.
Archives,
Ixxiii., 415, 416.
House Jour-
nal, pp. 181, 184.

A Petition of Benjamin Lovel, praying for an Allowance from
this Court in Consideration of Wounds he received in the Service
of this Province which occasioned the Cutting off of one of his
Legs.

Read and

Ordered that the Treasurer be directed to pay to CoP Otis for the
Use of the Pef ten pounds in consideration of his Sufferings within
mentioned. {^Passed April 19.

CHAPTER 284.

ORDER REFERRING WITH STAY OF EXECUTION THE PETITION OF

EBENK TERRY.

Legislative
Records of the
Council, xviii.,
476. Mass
Archives,
Ixxiii., 380.

Mass.
Archives,
Ixxiii., 379.
Executive
Records of the
Council, xi.,
348. House
Journal,
pp. 173, 184.

A Petition of Ebenezer Terry of Enfield, shewing that he re-
ceived a Sum of Money from Eliakim Hutchinson Esq'' (& others
a Committee of the General Court) for enlisting Soldiers for the
Expedition against Canada a great Part of which Money he put
into the hands of Elkanah Cobb (now deceased) for the same Ser-
vice; That the said Committee have sued & recovered Judgment
against him for the said Money, praying that Execution may be
stayed 'till he can make up his Account with the Executor or Ad-
ministrator of the said Cobb, & that the Petitioner may be allowed
for the Number of men which he did enlist.

Read and

Ordered that the Consideration of this Petition be refer'd till the
next May Session and that Execution within mentioned be Stayed
in the mean time. [^Passed Ajjril 19.

CHAPTER 285

ORDER ALLOWING £2. 4. 6 TO MARY MAXEY.

Legislative
Records of the
Council, xviii.,
476. Mass.
Arcliives,
Ixxiii., 367.

House Jour-
nal, p. 185.
Province
Laws, xiii., 46.5,
chap. 1.

A Petition of William Uran in behalf of his Daughter Mary
Maxey praying that she may be allowed the Wages due to her late
Husband Ebenezer Maxey Dec*^ for his Service in the late Expedi-
tion against Cape Breton.

Read and

Ordered that the Comm*'^ of War be directed to pay to Col° Choate
two pounds four Shillings and Six pence for the Use of the within
named Ebenezer Maxey.' \^Passed April 19.

' Legislative Records of the Council, xviii., 476, and State Library copy, Legislative
Records of the Council, xviii., 464, add, "Dec"^."

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 243

CHAPTER 286.

ORDER ALLOWING 10/ TO SAM^ MILLER.

A Petition of John Chandler Esq"" in behalf of Samuel Miller, Legislative
praying that he may be allowed Ten Shillings New Tenor for a Bill couDc*if xvm^
of that Value on this Province which belonged to said Miller & was *'«• Mass.

• T , n 1 Archives, cii.,

accidentally burnt, 422.

Eead and Mass.

Ordered that the Prayer of tlie Pet" be granted and the Treas- Archives, cii.,
urer is directed to deliver to John Chandler Esq'' ten Shillings for
the Use of the Pef accordingly.' 'IPassed April 19.

CHAPTER 287.

ORDER ALLOWING £4. 15 TO HANNAH BILL.

A Petition of Hannah Bill of Boston, praying that she may be Legislative
allowed out of the publick Treasury the Sum of Four pounds fifteen councif xvii'l.
Shillings for so much in the Bills of this Province which was acci- 4'6. Mass.

-, , ■,^ ^ J • 1 I 1 Archives, cii.,

dentally burnt 111 her hands. 400

Read and Mass.

Ordered that the Treasurer be directed to deliver to the Petitioner ^g^'^House"''
four pounds fifteen Shillings in consideration of the Loss within men- Journal, p. is*,
tioned. [^Passed April 19.

CHAPTER 288.

OflDER ALLOWING £5 TO OTHNIEL TAYLOR.

A Petition of Othniel Taylor of Deerfield ; Praying that he may Legislative
be allow'd for the Loss of a Horse, worth Forty Pounds, w'^'' was kill'd S^^ff, xvin!!
in his pursuit of the Indian Enemy. 476. Mass.

T-, i T •' Archives,

Kead and ixxiii.,384.

Ordered that the Treasurer be directed to Pay to Israel Williams Mass.
Esq'' for the L^se of the Pef the Sum of five pounds in full consid- f^x'i'iT 384-386.
eration of the Prayer of this Petition. \^Passed April 19. House'.Jour-

CHAPTER 289.

ORDER DIRECTING THE PAYMENT OF THE NORTHFIELD BILLETING

ACCOUNT.

A Petition of William Williams Esq'' in behalf of divers Inhabi- fe^g'«!f"^P,.

. 1 , m j_i Records Of the

tants 01 JSorthneld, Shewing that they were at greater Charge than c_ouncii,xviii.,
usual in billeting Cap' Leeds's Company in the last Spring & Sum- Archives?'
mer; And therefore praying that they may be allowed an Advance ixxiii ,413.
above the usual Rate, Mass.

Archives,
* Not found in the House Journal.

244 Province Laws {Resolves, etc.). — 1748-49. [Chap. 290.]

House Jour ^^^^^ and

niXpp. 177, ITS, Ordered that the Billeting Account of Northfield, when the same
^^- is properly Vouched be discharged at the rate of Seven Shillings per

Week. \^Passed April 19.

CHAPTEK 290.

ORDER REFERRING THE REPORT OF THE COMMITTEE ON THE PETITION
OF MAJOR LAWRENCE AND CAPT. STEVENS IN REGARD TO LAND ON
THE NEW HAMPSHIRE BOUNDARY.

Archives vi "^^^ PETITION of US The Subscribers In behalf of our Selves and

74; cxv.,'445.' The Rest of The Proprietors of Townshend in y'^ County of Midd^
Tiail^iK 184'^'^ Humbly sheweth : That wheare as The Greate & General Court was
^^^^. pleas'^ about the year: 1719 : To Lay out a New Township Commonly

^-74^^H'ou8e C^ll*^ or known by the Name of North town or Turkic Hills on the
Journal, p. 184. back of Groton and by a Com'®® of the s*^ General Court admitted
La\vMx., 696, Settlers on Certain Conditions and after S*^ Township was Compe-
chap.'iik' ' tantly Fill<^ with in habitants who had Fully Compli"^ with the Con-
ditions afore S"^ the Honourable Court was Pleas'^ To Set them off
for a Distinct & seperate Town and Invest them with Privelidgs &c.
after Said Town was set off: The Proprietors a Gree*^ To make a Divi-
sion of the Lands in S"^ Town and Proceeded to Lott out the Same
but so it happen'' That in Runiiig the line betwen the provence a fore
S*^ & New hamshere a bout Eleven Thousand acres of S'' Grant: Fell
with in that Goverment and To our Greate Surprise of Late a number
of Gentlemen in New hamshire who have Purchised a Grant Formerly
made by The Council of Plimouth To Cap* John Mason have sent
out a Surveyer & Chainmen and have Laid out S'' Lands in To Town-
ships with other lands, & have Inform'' us Thay shall Lott out the
Same and admit setlers thereon without haveing any Regard To our
Grant or Lotts. which if thay Do will be Extreamly Dettrimental To
S'' proprietors & have a Greate Tendency To Ruen many of them by
Reson of The Number of Deeds & Convayences which hath been made
a bout S'^ Lands.

Therefore your Petition [er]s Pray That your Exlency and Honours
would Take theare Dificalt Case in To your wise Consideration and
Give them Such assistance and Releivef as you shall Think Just And
your Petition [er]s as In Duty bound shall Ever Pray.

William Lawkance ) ^^ ,„„ »
T /~t I uom lor

Jonas Clarke r j? 1 c^d ■ i.

T c< \ tor S° proprietors

John Stevens ) ^ ^

The Committee of both Houses appointed to consider the Peti-
tions of Major Lawrence and Cajjt. Stevens., relating to the Title
of Lands granted by this Province, and by the late running of the
Line between this Government and Xew-Hampshire, lying to the
Northward thereof, reported [Mass. Archives, vi., 74] according
to Order.

Read and

Ordered that the consideration of tliis report be referd to the
next May Session. {^Passed April 19.

^ Sic.

[2d Sess.] Province Laws (liesolves, etc.). — 1748-49. 245

CHAPTER 291.

ORDER ALLOWING £59 TO SUSANNA PIERCE, ADM^.

A Petition of Susanna Pierce Widow & Administratrix of D"" Legislative
Joseph Pierce of Portsmouth in the Province of New Hampshire Council^ xviii^,
Dec'' shewing that the said Joseph Pierce was employed at Cape Arcin^es^^cv
Breton as a Surgeon & Physician to some of the Troops of this '^^9-
Province, & in his Life Time applied to this Court for the Payment Mass.
of the Accounts of his said Service, but no Satisfaction having been 298? LegistT-'
made as yet for his Service, Therefore praying that this Court would ti7e^c^t^ncii^ *^*
now give Orders for the Payment of what is due thereon. xvii. (.'5), 223.

Tj 1 f House .Jour-

ixeaa & nai, pj). eo, 173,

Ordered that the Comni''^ of War be directed to Pay to the within- ^^*'' ^*^"-
named Susanna (in her capacity of adm^ to the Estate of her late
Husband Joseph Pierce Dec'd) the Sum of fifty Nine pounds in full
for his Services in his Pet" mentioned. [Passed April 20.^

CHAPTER 292.

ORDER DEDUCTING £13. 13 FROM THE GROTON TAX AND ADDING IT Legislative

TO THE TOWN OF DUNSTABLE. Records of the

Council, xviii.,
477. Mass.

Ordered that the Sum of thirteen pounds thirteen Shillings be Archives, cxv.,

taken from the Town of Groton in the next Tax Bill, and laid ^ .

upon the Town of Dunstable. That Sum not being deducted Records of the

from Groton in tlie last Tax (as ought to have been) on acc*^ of John us^^Hou^e"'"'
Swallow and others being taken from Groton and Annexed to Dun- Journal, pp. 12,
stable. [Passed April 20. pVii, chap'. 14.

CHAPTER 293.

ORDER ALLOWING £1,250 FOR REPAIRS OF Y^ COURT HOUSE. Legislative

Records of the
Council, xviii..

Ordered that the Sum of Twelve hundred & fifty Pounds be paid ■^

out of the publick Treasury to the Committee appointed to effect House Jour,
the Repairs of the Court House in Boston, the said Committee to Jnte/iy. no,
be accountable. [Passed April 20. chap. 2-6.

CHAPTER 294. K'SV.

Council, xviii.,
477.

ORDER WITH STAY OF EXECUTIONS REFERRING THE ACCOUNTS OF

THE CONSTABLES OF SWANZEY. Archives,

cxxi., 256-2.57.

Ordered that the Consideration of the Accompts of the Constables na^i"ix ict?^
of Swanzey be refer'd till the next May Session & the Executions j^l^^ p^_24,
against them be stayed in the mean Time. [Passed April 20.

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 19.

246

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 295-298.]

CHAPTER 295.

ORDER ALLOWING £10 TO DAN'- M'KANY.

Legislative
Records of the
Council, xviii.,
477. Mass.
Archives,
lxxiii.,4iy.

House Jour-
nal, pp. 185, 187.

A Memorial of Daniel M'^Kany a Soldier in the Service of this
Province, Shewing that in an Engagement with the Indian Enemy,
his Thigh was broken by a Shot, praying for an Allowance from this
Court in Consideration thereof.

Eead and

Ordered that the Treasurer be directed to Pay the Pef ten pounds
in consideration of his Sufferings aboveMentioned. [Passed April W.

Legislative
Records of the
Council, xviii.,
477. Mass.
Archives,
Ixxiii., lOS.

Mass.
Archives,
Ixxiii., 106-109.
House Jour-
nal, pp. 23, 49,
58, 18.5. Prov-
ince Laws,
xiii., 465,
chap. 1.

CHAPTER 296.

ORDER ALLOWING £45. 18. 6 TO GEO: GERRISH.

A Petition of George Gerrish of Boston late an Officer in the
Expedition ag** Cape Breton, that he carried with him a consider-
able Number of Blacksmith's & other Tools, which the General
ordered out of his hands for the Use of the English Garrison,
which Tools he could never after recover, & therefore praying that
he may be allowed for them by this Court.

Read and

Ordered that the Comm®^ of War be directed to Pay the Pef
the Sum of forty five pounds eighteen Shillings and Six pence in
full discharge of his Ace* of Utensils within mentioned. [Passed
April 20.

CHAPTER 297.

ORDER ALLOWING £38. 8. 3 TO JN*^' CHAMBERLAYNE.

Legislative
Records of the
Council, xviii.,
477. Mass.
Archives,
Ixxiii., 373.

Mass.
Archives,
Ixxiii., .S73-,97.5.
House Jour-
nal, pp. 178, 187.

A Petition of John Chamberlayne praying that this Court would
allow for what was deducted out of his Acco* of victualling the French
Prisoners, taken out of the Ship Vigilant, liis Charge being low &
moderate.

Read and

Ordered that the Treasurer be directed to Pay the Pef thirty
eight pounds eight Shillings and three pence in full discharge of
the Ace' mentioned. [Passed April 20.

CHAPTER 298.

ORDER ALLOWING £4 TO JN'^ FOOT.

Legislative
Records of the
Council, xviii.,
478. Mass.
Archives,
Ixxiii., 401.

A Petition of John Foot, praying that he may be allowed the
Charges he contracted by a long Sickness which he had while he
was in the publick Service

Read and

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 247

Orderediha^i the Treasurer be directed to pay to Cap* Rowell for House Jour-
the Use of the Pef four pounds in consideration of his Sufferings °^i> pp- i^*- i^e.
within mentioned. {^Passed April 20.

CHAPTER 299.

ORDER ALLOWING £5 TO CAPT JN'^ LANE.

A Petition of Cap' John Lane an Officer in the late Expedition Legislative
against Cape Breton, praying for some further Allowance from the couucif xvm^
Court in Consideration of his Sickness contracted in that Service 478. Mass.

1 • 1 .-n • 1 • Archives,

which still remains upon liim. ixxiii., 336.

Read and Mass.

Ordered that the Treasurer be directed to pay to Cap Bragdon ^^'j^^^'p
of York for the Use of the Pef the Sum of five pounds in consid- House JouV.
eration of his Sufferings within mentioned. \^Passed April 20. ^nte^\y}m,^^'

chap! 216. '

CHAPTER 300.

ORDER ALLOWING £5 AND A GUN TO EPH'' POWERS.

A Petition of Ephraim Powers, Praying for some Allowance in Legislative
Consideration of his being wounded & taken Captive by the Lidian ^ouncff xvi^f.^
Enemy, while he was in the Service, as also for the Loss of his Gun ^'s. Mass.

i. i.1, 1 m" Archives,

at that iime. ixxiii.,382.

Read and Mass.

Ordered that the Treasurer be directed to Pay to M"" Prescot of ^^xmTsa
Littleton the sum of five pounds for the Use of the Pef in consid- House Jour,
eration of his Sufferings within mentioned. na,pp.ib3,is .

Also

Ordered that the Commissary Gen' be directed to deliver him a
a Gun out of the Province Store. \^Passed April 20.

CHAPTER 301.

ORDER ALLOWING £65. 1. 1 TO JOHN PALMER, ADM«.

An Accompt presented by John Palmer Adminisf of Mary Palmer Legislative
of sundry Charges in fitting out a Schooner sent out as a Spy Boat councff, xvm^,

Whereas the Sum of Sixty five Pounds one Shilling & one penny 478.
was granted by this Court to the Represent^® of Mary Palmer Dec'' House Jour-
on Noveni"" 18*'' 1747, to satisfy tlie within Accompt, but the Order (November,
was consumed by Fire before it pass'd the whole Court. Therefore i"?*') ; p- i37.

Ordered that the said Sum of Sixty five pounds one Shilling &
one penny be allowed out of the publick Treasury to the Adminisf
on the Estate of the said deceased in full Discharge of said Accompt.
[Passed April 20.

2J:8

Province Ijaws (Eesolves, etc.). — 174:8-49. [Chaps. 302, 303.]

CHAPTER 302.

ORDER IMPOWERING JAMES RUSSELL AS GUARDIAN TO SELL REAL

ESTATE.

Legislative
RecordB of the
Council, xviii.,
4Ty. Mass.
Arcliives,
xviii., 4"24.

Mass.
Arciiives,
xviii., 4'22-424.
House Joui'-
nal, p. 186.
Province
Laws, ii., 151,
chap. 10.

A Petition of James Eussell Guardian of Ephraim Breed a
Minor, Shewing that the said Ephraim is entitled to a twelfth Part
of the Mansion House & other Buildings & divers Parcels of Land
in Lyn, being the Estate, of his great Uncle John Breed, late of
Lyn Dec'^ And for as much as there can't be a Division made of the
said Estate so as to set off the said Minors Part, without great Hurt
to his Interest, Therefore praying that the Petif may be impowered
to sell the same.

Read and

Ordered that the Prayer of the Pet'' be granted and the Pe" is
hereby Impowered (in his Capacity mentioned) to make Sale of the
within named Ephraim's part of the real Estate for the most it will
fetch, And Execute a good Deed thereof Provided He Observes the
directions of the Law respecting Executors and administrator's Sale
of real Estates. And gives Caution to the Judge of Probate for the
County of Middlesex to Apply the Proceeds of said Sale to the best
advantage of the Minor. \_Passed Ajjril 20.^

CHAPTER 303.

ORDER WITH STAY OF PROCEEDINGS ON THE PETITION OF SWANZEY

SELECTMEN.

Legislative
Records of the
Council, xviii.,
475. Mass.
Archives,
cxxi., 2J56.

Legislative
Records of the
Council, xviii.,
467. House
Journal,
pp. 176, 188.
Province
Laws, xii., 271,
chap. 26.

The Petition of the Selectmen of Swanzey Humbly Sheweth That
Wereas there was an act Pased by the General Court of this Prou-
ince in the year 1736 for Rebuilding the Bridge Caulled myles Bridg
ouer the Riuer between Swanzey and Barrington in the Country Rode
and that the Court of General Sessions of the peace for the County
of Bristol be and hereby are Impowered and ordered to Issue and
send forth Warrants to the s'^ Towns of Swanzey and Barrington
Respectiuely Requiring the s'^ Towns to build a good and substantial
Cart bridge Cros the s*^ Riuer in the Country Rhoad afores'' Wher*
the s*^ Bridge did stand two thirds parts to be bourn ^ by the Town
of Swanzey. and the other third part by the Town of Barrington
Which has been Complyed with and don by both Towns accordingly
But now the Case is much altered by Reason of Rhode Island Line
being Run & Takes of the biger par^ of Barrington so that they
Cannot be Comper' to do any thing to s*^ bridg and the aboves''
Line Takes of aboue fourty families from Swanzey with their poll
and Estates and many of them haue very good Estates, and their
is salt marsh and upland that falls within s'' Line and the owners
in the Town of Swanzey and our yong men many of them gets
into that gouerment and so keeps from doing duty in the Town
of Swanzey so that if it falls to Swanzey holy to build and keep

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 21.

2 MS. mutilated.

3 Sic.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 249

in Eepair the afores'^ Bridge it will be uery greiuons and a Consid-
erable Charge Wherefore your Petitioner Pray your Excelency and
Honours to take the matter Into your wise Consideration and afford
your petitioners sum Eeleife in sum way and maner as in your Grate
Wdom and Justice may seam meet and as in Duty bound shall Euer
pray

Hez'^ Luther ) ^ ,

Swanzey October the 24: 1748 Esek Brown [ ^. ^ ™®^^

Edward Slade ) °^ ^^^^^^^^

Ordered that all proceedings by the Court of Gen' Sessions of the
Peace for the County of Bristol, relating to the Bridge mentioned
in the Petition be stayed until the End of the next May Session
unless this Court shall order otherwise. \^Passed A2Jril 21.^

CHAPTER 304.

ORDER REFERRING THE PETITION OF JOSEPH RUSSELL FOR AN

ACCOUNTING.

A Petition of Joseph Russell," shewing that he with his Wife Legislative
(now deceased) Mortgaged a Dwelling House & Land in Boston to coundf xviu^
Gilbert Warner of said Town, that while the Petitioner was beyond 433. m.-iss.
Sea, the said Warner sued out the Mortgage, & has been divers Years xviii.V3^72.
in Possession of the Premisses, & has received much more than the m^^^^^
Principal & Interest of the Sum borrowed in Rent, & refuses to account ^''?l"^i'j'; .,.,

Will 369—31

with the Petitioner for the same; Therefore praying that he may be Legislative "
allowed the Equity of Redemption, & that the said Warner may be councn*^ xvi'n.^
obliged to account with the Petitioner for the Issues & Profits of the f^- ^puse

■ n T-> , , Journal,

said Estate. pp. 124, no, i89.

Read and

Ordered That the Consideration of this Pet" be referr'd to the
Second Friday of the next May Session. \^Passed April 21.

CHAPTER 305.

ORDER REFERRING WITH STAY OF EXECUTION THE PETITION OF THO^

PAYNE FOR COSTS.

A Petition of Thomas Payne of Boston, shewing that he ap- Legislative
pealed to the Superiour Court from a Judgment obtained against councif xviuf
him by Jonathan Randall, that when his Action was brought on, 475. Mass. '
his Attorney having mislaid his Papers (which he soon after found) 8I6? ^^^*' ""^ "''
he was not able to prosecute it, & the Court could not be prevailed j^jagg,
upon to respite it, & so he was called out; & the Appellee filed his g'\5^8ifJ*^®fioule
Complaint against him. And therefore praying that this Court Avould Journal,
order the Proceedings on the Complaint to be stayed, & that his A^- ^^' ^^ '
peal may be tried, either at this or the next Term of the said Court.

Read &

^ This date is according to Mass. Archives and the House Journal ; according to Leg-
islative Records of the Council the date is April 19.

^ The signature of this name in Mass. Archives, xviii., 371, is "Joseph Bussell."

250

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 30G-308.]

Voted that the Consideration of this Petition be refer'd to the
second Fryday of the next May Session & that Execution for Costs
be stayed in the mean time. \^Passed April 21.^

CHAPTER 306.

Legislative
Records of the
Council, xviii.,
421. Mass.
Archives, cii.,
388.

Mass.

Archives, cii.,
387. Legisla-
tive Records of
the Council,
xviii., 475.
House Jour-
nal, pp.96, 108.

ORDER ALLOWING £5. 13 TO GEO: GRAINGER.

A Petition of George Grainger of Suffield, praying to be re-
imbursed out of the publick Treasury for divers Bills of Credit
of this Province, which having left upon his Shelf for some days
the Mice had so eaten them as to make them unfit to pass in com-
mon Business

Eead and

Ordered that the Pef be allowed out of the publick Treasury five
pounds thirteen Shillings in Consideration of the Loss abovemen-
tioned. \^Passed April 21.^

CHAPTER 307.

Legislative
Records of the
Council, xviii.,

478.

Mass.

Archives, xx.,
508; cii., 429-
432. House
Journal, p. 188.
Province
Laws, iii., 457,
note.

VOTE FOR THE GOVERN" SECRETARY & SPEAKER TO EXECUTE AN
INSTRUMENT FOR RECEIVING ¥"= MONEY FOR TAKING CAPE BRETON.

In the House of Eepresent''*^

Voted that His Excellency William Shirley Esq"" the Governour,
Josiah Willard Esq"" the Secretary of the Province, & Thomas Hutch-
inson Esq"" the Speaker of this House be impowered in the Name &
behalf of the Province to sign & deliver a proper Deed or Instru-
ment, with the Seal of the Province thereunto affixed, authorizing
& impowering the hon^''*^ Sir Peter Warren, Knight of the Bath,
William Bollan Esq' Agent for this Province at the Court of Great
Britain, & Eliakim Palmer Esq"" of London Merchant, them or two
of them (the said William Bollan Esq"' except in Case of his Death,
always to be one) to receive the whole, any & every part of the Hun-
dred & Eighty three thousand six hundred & forty nine Pounds two
Shillings & sevenpence Sterl^ granted by Parliament, to reimburse
the Province their Expences in taking & securing for his Majesty,
the Island of Cape Breton, & its Dependancies & to give a full Dis-
charge for the Same.

In Council; Eead & Concur'd. [Passed April 21.

CHAPTER 308.

ORDER IMPOWERING THE CONSTABLE OF MEDFIELD TO COLLECT

TAXES.

Rlfords"ofthe ^ PETITION of Samuel Morse, Eepresent^^^ of the To.wn of Med-
Councii, xviii., field, Shewing in behalf of said Town, that the Assessors there for

47') M.d>ss ^ ,

Archives, cv., the Year 1748, have according to their usual Custom put the Town
'— & County Eates into one List which not being strictly according to

' This date is according to Mass. Archives and the House Journal ; according to Leg-
islative Records of the Council the date is April 19.

" This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is April 19.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 251

Law, they apprehend they shall meet w^'' some Difficulty in gather- Mass.

ing said Taxes; And therefore praying that the Constable may be tu^^novisl''

impowered to collect it, notwithstanding their being put in one List. Journal,

Eead and pp- ' .

Ordered that the Constable be and he hereby is Enabled to finish
the collecting said Taxes, any imperfection in Joyning the Town
and County Taxes in one List notwithstanding. \^Passed April 21.

CHAPTER 309.

ORDER GRANTING TO ARIEL RICHARDSON LICENCE TO SELL STRONG

DRINK.

A Petition of Abiel Richardson of Cambridge Innholder, shew- Legislative
ing that he has purchased a House on the same side of the River counclf xviiu
where he had before been licenced, & therefore praying that this 479. Mass.
Court would licence him to keep Tavern there. 171.

Read and ' Mass.

Ordered that the Prayer of the Pet" be granted and the Pef is fgij-rrr House
allowed to Sell Strong drink in the House within mentioned till Journal, p. 187.
the next Session of the Justices in Middlesex, accordingly And the
Justices of the said Session are then allowed and impowered to grant
the Pef^ a Licence if they See cause, the time for granting Licences
being elapsed notwithstanding. ^Passed April 21.

CHAPTER 310.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF JOHN AND SARAH LEDDELL EXECUTRIX, AND APPOINTING
A HEARING THEREON.

A Petition of John Leddell & Sarah his Wife as she was Exec- Legislative
utrix of the last Will & Testament of John Franklyn dec<i Com- coiincu, xviil.
plaining of the Proceedings of the Superiour Court of Judicature 4i6. Mass.
in the County of Suffolk on a Writt of Scire facias issued the 10*'' xvfii.^,V9.
of February 171G, ag^' the Petitioners at the Suit of Bartholomew m^

lass.

Cheever Adminisf de Bonis non of the Estate of Henry Franklyn xvm'^scl'-sg.'i
Dec'', & praying that the said Proceedings may be set aside, & that Legislative
the Petitioner may have another Trial on the Merits at the next councif, xvni.^
Superiour Court, & Execution stayed in the mean time. Houteflro^r-

The Comitee on the pet" of John Leddel Report to this Hon^''^ nai, pp. loe, 140,
Court that they find that the purport of s'' pet°, is for this Court ^^^' ^^'
to Explain some of the Laws of this province &c as also to giue
their Judgment Respecting the Opperation of some acts of parlia-
ment here &c Tlierefore that this Court may haue the Benefit of
the arguments of the parties Concern'd therein are Humbly of Opin-
ion that they be heard before this Hon'*' Court on the second Tues-
day of June Next Which is Humbly Offerd

20 of aprill p Sam'' Watts ^ ord'

1749

Read &

Ordered that this Report be & hereby is Accepted & that a Hear-
ing be had on this Petition before this Court on the second Tuesday
of June next accordingly. [^Passed April 21.

252

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 311-313.]

CHAPTER 311.

ORDER IMPOWERING ANN PRESCOTT AS GUARDIAN, TO SELL LAND.

Legislative
Records of the
Council, xviii.,
480.

House Jour-
nal, p. 190.

A Petition of Ami Prescott, Widow of John Prescott late of
Concord Esq'' Dec'' & Gaurdian of his Children, shewing that there
is a small Parcel of Land in Littleton (most of it unimproved) left
by Benjamin Prescott Uncle of the s'' Children in which they are
interested, which will be of very little Profit to them as it lies,
Therefore Praying that she may be impowered to sell the said Land
for her Childrens best Advantage Read &

Ordered that the Prayer of the Petition be & hereby is granted;
& the Petitioner in her said Capacity is allowed to make Sale of the
within mentioned Minors Part of the Estate within mentioned to
such Person as shall give most for the Same; Provided sufficient
Cauticfii be given to the Judge of Probate for the County of Mid-
dlesex that the Produce thereof shall be disposed of pursuant to
Law. [^Passed April 21.

CHAPTER 312.

ORDER APPOINTING A COMMITTEE ON THE SOUTH PART OF CAMBRIDGE
AFFAIR, AND DEFERRING ACTION ON THE PETITION, PENDING THEIR
REPORT.

Legislative
Records of the
Council, xviii.,
480.

Legislative
Records of the
Council, xviii.,
374. House
Journal, pp. 32,
48, 113, 1S3, 187.
Ante, p. '220,
Chap. 220.

On THE Petition of Benj-' Dana & others, {ante, p. 193, chap.
146]

Ordered that Samuel Watts & Andrew Oliver Esq''* with such as
the hon^'® House shall Join ' be a Committee to repair to the Town
of Cambridge & view the Causeway leading to the great Bridge; &
make an Estimate of the Cost & Charge of making & raising the
said Causeway on each Side the said Bridge, to such a Height as
will reasonably accommodate the Petitioners; The said Committee
to report as soon as may be. And the further Consideration of this
Petition is refer'd till said Comm'"*^*^ shall report. \^Passed April 21.

CHAPTER 313.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF Y*^^ WEST SIDE SOCIETY IN CONCORD IN REGARD TO A
MINISTERIAL TAX AND REFERRING A HEARING THEREON.

Record"of the "^^^ COMMITTEE on the Petition of the West Society in Concord
Council, xviii., made I'cpoi't * thercoii. Read &

— '- — Ordered that this Report be & hereby is accepted; And the Con-

mii"pp!Y74,'^i89. sideration of the Affair is further refer'd to the second Wednesday
ciia^' 154^^^' ^^ the next May Session; And it is earnestly recommended to the
Parties to compromise the Differences in the mean Time. [Passed

April 21.

' No record of the appointment of the House committee has been found.
' This report has not been found.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 253

CHAPTER 314.

ORDER REFERRING THE PETITION OF JAMES LEONARD IN REGARD TO
FRAUDULENT DEALINGS AS TO A MORTGAGE.

A Petition of James Leonard of Taunton, complaining of the Legislative
fraudulent Dealings Of his Son in Law Thomas Cobb, by whom councu^, xvm^,
he sent a Sum of money for the Discharge of a Mortgage he had 465. Mass.

^ ^ ArcnivGs cii

formerly made of his Land to the Commiss" of the £50,000 Loan, 425.
& the said Cobb purchased the said Land for himself with that Mass.
Money, praying for relief from this Court. ^3^26.^^Legi's-

Read and lative Records

Ordefd tliat the Conisideration of this Petition be referred to the xviii., 48i!^° '
Second Tiiursday of the next May Session. {^Passed Airril 21. n&^^-g!m,m.

CHAPTER 315.

VOTE ACCEPTING THE REPORT OF THE COMMITTEE AB^ AN ANONY-
MOUS LETTER.

Samuel Welles Esq^ from the Committee on his Excellency's Legislative
Message referring to the threatning Letter sent to one of liis Maj- uou^cff xvhl
esty's Council, gave in the following Report 482.

The Committee appointed to Consider of his Excellency's Message Mass.
of this Day are of Opinion, that all possible means sliould be used A^^illsoe!
to detect & punish the horrid Crimes his Excellency refers to & to D®s*^'f"^|.u„

11- 0 1 i 1 T n • p IP AT Records of the

prevent such heinous & detestable Practices tor the future; And council, xviii.,
therefore they humbly apprehend it to be proper for the two Houses jminmi*,"^*^
to desire & advise his Excellency to issue a Proclamation ' promising 'i.^ro^^nce*^'
a Reward of two hundred Pounds Bills of the last Emission to any Laws, in., 479,
Person or Persons who shall inform or discover one or more con- 505^11016.
cerned in this Wicked Conspiracy, so that he or they may be con- commissimi
victed; x\nd that if the Liformer shall have been an Accomplice or 1734-1757, p. 85.
engaged in the said Crime, he shall be forgiven: And to the End
the greater Horror & Destestation may be raised in the Minds of
his Slajesty's good Subjects with respect to this atrocious & exec-
rable Design; The Committee humbly report as their Opinion that
the two Houses desire his Excellency to insert in the Proclamation
the Sum & Substance of the Anonymous Letter refer'd to in the
Message, & some of the impious, insolent & inhuman Message ver-
batim;, that thereby all his Majesty's good Subjects may see how
reasonable & necessary it is that they Join universally in their En-
deavours to bring forward to Examplary Punishment tlie profligate
& abandond Wretches concern'd in this wicked & impudent Com-
bination: The Committee would propose that some Gentlemen of
Each House be appointed to prepare the Draught of a Bill for the
more easy & effectual preventing or detecting such abominable &
dangerous Crimes hereafter, to be laid before this Court at the
Beginning of their Session in May next.

April -n. 1749, By Order of the Comm*^''

Sam"- Welles.

' The Governor issued the proclamation, see Register of Commissions and Proclama-
tions, 1734-1757, p. 85; and the bill referred to, passed August 18, 1749, see Province Laws,
ili., 479, chap. 7.

254

Province Laws {Resolves, etc.). — 1748-49. [Chaps. 316-318.]

Eead & Accepted, And M"" Speaker & M' Hubbard with such as
the Hon^'*^ Board shall Join are a Committee to prepare the Draught
of a Bill accordingly. \^Passed Ajjril 21.^

Legislative
Records of the
Council, xviii.,
482. Mass.
Archives,
Ixxiii., 4-21.

House Jour-
nal, p. 192.
Ante, p. 181,
chap. 110.

CHAPTER 316.

VOTE CONTINUING Y^ PAY AND SUBSISTENCE OF Y^ GARRISON AT FORT
DUMMER & HINSDELL'S FORT.

Voted that the Pay and Subsistance of fifteen Men at Fort Dum-
mer and five Men at Hinsdell's Fort which expired the first of March
last be further continued from that time to the last of May next.
{Passed Ajxril 22.

CHAPTER 317.

ORDER IMPOWERING THE SELECTMEN OF BOSTON TO MAKE REPAIRS
AT THE HOSPITAL WHARF ALSO THE HOUSE AND BARN ON RAINS-
FORDS ISLAND.

Legislative
Records of the
Council, xviii.,
483. Mass.
Archives, xii.,
657.

Mass.

Archives, xii.,
65.5-657. House
.Journal,
pp. 186,191,192.

A Memorial of the Select Men of the Town of Boston setting
forth the Need there is of Repairing & enlarging the Hospital
WharfE at Rainsford Island, & of having a Boat built for the Use
of the Hospital & praying for the Order of this Court thereon

Read and

Ordered that the Select Men of the Town of Boston be directed
in the cheapest manner to Cause to be built upon Rainsford Island
another piece of Wharffe of twenty feet square, and fourteen feet
high in the Front; at about twenty feet distance from the present
wharffe to have a communication therewith by a Bridge of Timber
or Plank on the Top, leaving it hollow below, that the Gravel may
pass through and that they oblige the Keeper of the Hospital to
keep this Passage as well as the Head of the Wharffe constantly
clear.

Ordered also that the s*^ Select Men be directed to make the neces-
sary repairs on the House and Barn on said Island. {Passed April 22.

CHAPTER 318.

Legislative
Records of the
Council, xviii.,
435. INIasB.
Archives,
Ixxiii., 285.

Mass.
Archives,
Ixxiii., 279, 280.
Legislative
Records of the

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION
OF BENJAJVIIN GUILD AND STAY OF PROCEEDINGS ORDERED.

A Petition of Benjamin Guild of Attleborough, shewing that
he has been a Soldier by Inlistment under Cap* John Foster, from
the Year 1744, Notwithstanding which, he, (being accidentally in
the Town of Wrentham) was impressed by Cpt. Nathanael Ware,
& brought before a Justice of the Peace at Boston who obliged him
to pay the Sum of Three Pounds eleven Shillings & six pence; Pray-
ing for Releif from this Court.

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 22.

[2d Sess.] Province Laws {Resolves, etc.). — 1748-49. 255

The Comittee to whom the Consideration, of the Pet" of Benja- council, xviii.,
min Guild was referred haveing heard the parties concern'd Fiiud jo^unS?,"^^
that the Pet^ did truely belong to Capt John Fosters Military Com- pp- 132, ies, m.
pany; And That Capt Ware had no Eight to Impress the Pef That
the Said Foster Did Afterwards Impress him, And that He paid Ten
pounds to free Himself from the Service Agreeable to Law And That
the prosecnteing him afterwards as a Deserter was Illegal, Are There-
fore of Opinion That all proceedings iVg^* the Pef in the Law on this
Account be Stayed and that his Recognizance taken before M"" Jus-
tice Waldo be Declared Void

Which is Submitted by Ezek : Cheeter ^ ord'

[Read and]

Ordered That this Report be Accepted And That All proceedings
In the Law Ag^' the Pef on the Affair within mentioned be and
hereby are Stayed And that his Recognizance Declared Void Ac-
cordingly. [Passed April 22.

RESOLVES, ORDERS, VOTES,

ETC.

Passed 1749-50.

[2571

LEGISLATIVE LIST^

1749-50,

His Excellency WILLIAM SHIRLEY, [iintil September 11,'' 17491,
Captain-General and Governor-in-chief, etc.

SPENCER PHEPS, Lieutenant Governor \_Acting Governor from

September 15,^ 1749'].

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 ;

Samuel Danforth

John Osborne
Ezekiel Lewis
Francis Foxcroft

JOSIAH WiLLARD

Jacob Wendell
Thomas Berry
Joseph Wilder
Benjamin Lynde
Daniel Russell

William Foye
John Greenleaf
Samuel Watts
• EsQRS. John Quincy

John Chandler
Ezekiel Chever
Joseph Pynchon
Thomas Hutchinson

'ESQRS.

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

John Cushing \ -^ Sylyanus Bourn

George Leonard sqrs. John Otis

■ESQRS.

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

Sir William Pepperil, Baronet, Jeremiah Moulton & John Hill, Esqrs.

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

John Wheelwright, Esq.

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

2 Executive Records of the Council, xii., 122.

3 Ibid.

[259]

260 Province IjAWH {Resolves, etc.). — 1749-50. [Representatives.]

For the Province, at large : —
James Minot & Andrew Oliver, Esqrs.

REPEESENTATIVES OR DEPUTIES.

May 31, 1749 to April 20, 1750.
Mr. JOSEPH DWIGHT, Speaker.'

County of Suffolk.
. James Allen, Esq.,
Thomas Hubbard, Esq.,
Mr. John Tyng,
Samuel Waldo, Esq.
Joseph Heath.
Mr. Thomas Wiswall.
Samuel Miller, Esq.
Major William Hunt.
Mr. Thomas Pratt.
Mr. Jacob Gushing.
Joseph Richards, Esq.
Mr. Seth Clark.
Mr. Ebenezer Fisher.
Mr. Joseph Hewen, Jr.
Samuel AVliite, Esq.
Nathaniel Oliver, Jr., Esq.

County of Essex.

. Mr. James Jeffry.

. John Choat, Esq.,
Daniel Appleton, Esq.
Newbury, . . Mr. Benjamin Greenleaf .
Lyn, .... Capt. Benjamin Newhall.
Marblehead, . Mr. John Bailey.
Andover, . . Capt. Benjamin Stevens. -
Beverly, . . Mr. Daniel Conant.
Rowley, . . . Capt. John Hobson.
Salisbury, . . Mr. Stephen Merrill.
Haverhill, . . Mr. Nathaniel Saunders.
Glocester, . . Joseph Allen, Esq.
Aniesbury , . . Thomas Rowell, Esq.
Boxford, . . Mr. Thomas Reddington.
Tops field, . . Mr. Jacob Peabody.
Bradford, . . Mr. William Hardy.

County of Middlesex.
Cambridge, . Andrew Boardman, Esq.
Charlestown, . Isaac Royal, Esq.,
Mr. James Russell.

Boston,

Roxbury,

Dorchester,

Milton, .

Braintree,

Weymouth,

Bingham,

Bedham,

Medjield,

Wrentham,

Stoughton,

Brooklyn,

Chelsea,

Salem, .
Ipswich,

County of

Watertown,

Concord,

Wobtirn,

Reading,

Newtown,

Sudbury,

Groton, .

Marlborough,

Framingham,

Billerica,

Lexington,

Chelmsford,

Maiden, .

Westo7i, .

Medford,

Littleton,

Stow,

Waltham,

Middlesex — Concluded.
. Mr. Jonas Bond.
. Capt. Ephraim Jones.
. Mr. Josiah Pierce.
. Capt. Thomas Eaton.
. Thomas Greenwood, Esq.
. Ephraim Curtis, Esq.
. William Lawrence, Esq.
. Mr. Samuel Witt.
. Col. Joseph Bucktoinster.
. Capt. Thomas Kidder.
. Mr. Isaac Bowman.
. Capt. Samuel Chamberlain.
. Mr. Joses Bucknam.
. Mr. Joseph Livermore.
. Andrew Hall, Esq.
. Jonathan Prescot, Esq.
. Mr. Phineas Rice.
. Capt. Samuel Livermore.

County of Hampshire.

Springfield, . Josiah Dwight, Esq.

Northampton,
Hatfield,
Hadley, .
West field, .
Deerfield, .

Timothy Dwight, Esq.
Israel AVilliams, Esq.
Mr. Nathaniel Kellog.
Mr. David Mosely.
Ebenezer Hinsdale, Esq.

County' of Worcester.

Worcester, . . Benjamin Flagg, Esq.

Lancaster, . . Samuel Willard, Esq.

Mendon, . . Mr. Nathaniel Nelson.

Brookfeld, . . Joseph Dwight, Esq.

Shrewsbury, . Mr. Isaac Temple.

Leicester, . . Mr. John Brown.

Westborough, . Mr. Francis Whipple.

Sutton, . . . Mr. Benjamin Woodberry.

Harvard, . . Mr. Daniel Pierce.

Oxford, . . . Mr. Benjamin Davis.

Bolton, . ' . . Mr. John Whetcomb.

1 On January 18, 1749, Thomas Hubbard was chosen Speaker pro tempore.
Council, xix., 123.

- The House Journal, p. 4 (1749), reads, "Capt. James Stevens."

• Legislative Records of the

[Representatives.] Province IjAVfS {Resolves, etc.). — 1749-50. 261

County of

Worcester — Concluded.

County of Bristol.

Southborough,
Upton, .

. Capt. Timothy Brigham.
. Capt. Haz Hazelton.'

Tau?iton,
Rehoboih,
Dartmouth

. . Samuel White, Esq.

. . Mr. Daniel Barney.

, . . Capt. Nathaniel Sole.

County of Plymouth.

Norton, .

. Mr. Josiah White.

Plymouth, .
Scituate,
Dtixbury, .
Marshjield,

. Thomas Foster, Esq.
. Capt. Caleb Torrey.
. Gamaliel Bradford, Esq.
Mr. Thomas Foster.

AtUeborough, . Capt. Samuel Tyler.
Dighton, . . . Capt. Elnathan Walker.
Freetown, . . Mr. John Winslow.
Swanzey, . . Capt. Jonathan Slade.

Bridgewater,
Middleborough
Pembroke, .

. Capt. Daniel Howard.

Peter Oliver, Esq.
. Isaac Little, Esq.

York, . .

County of York.
. . Capt. Thomas Bragdon,

Plimpton, .
Rochester, .

. Mr. William Churchill.
. Mr. Samuel Wing.

Kittery, .
Berwick, .

. Simon Frost, Esq.
. . Mr. Moses Butler.

Hanover,

. Mr. David Stockbridge.

Wells,

. John Storer, Esq.

Falmouth,

. . Capt. Moses Pierson.

County of Barnstable.

Barnstable . . .James Otis, Esq.

Sandwich, . . Samuel Tupper, Esq.

Yarmouth, . . Joseph Thatcher, Esq.

Eastham, . . Samuel Knowles, Esq.

Harwich, . . Mr. Edward Bangs.

Falmouth, . . Rowland Robinson, Esq.

1 The House Journal, p. 4 (1749),

Dukes County.
Edgar Toivn, . .Tohn Norton, Esq.

Chilmark,

. Zaccheus Mahew, Esq.

In the County of Nantucket.

Sherburti, . . Mr. Abishai Folger.
reads, "Capt. John Hazeltine."

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Twenty-first Day of May, A.D. 1749.

CHAPTER 1.

VOTE REQUESTING THE GOVERNOR TO APPOINT A PUBLIC FAST.

The House takeing into consideration the Frowns of divine Legislative
Providence we are under, more especially in the early & extream councif ''^ '^'^^
Drouffht, as well as in the great Increas of devouring Insects, xix 5. 'Mass.

* Archives xii

whereby the Fruits of the Earth are in great Danger of being 679. '' ''
utterly destroyed, which we cant but look upon, as plain Indica- House Jour-
tions of the divine Displeasure, for our many Sins & loudly call Love-sFast
on us, to make a publick acknowledgment of, as well as to repent andThanks-
& reform, with out which, we cant expect that God will be recon- Nevflngiand!
ciled to us & shew us Mercy p-*^-

Voted. That his Excellency the Gov"' be requested, with the

Advice of the Council, as soon, as may be, to appoint a Day of
solemn Fasting & prayer, thro out the Province for imploreing the
Commiseration of almighty God, in the forgiveness of our Sins,
which expose us to his Anger, & that he would be pleased to grant
us the rain of Heaven, necessary for satisfying the thirsty Earth &
that he would rebuke & remove devouring Insects, that so there
may be a Sufficiency of Food both for Man & Beast, & above all
that he would rain down Righteousness upon us, that we may be
an holy & so an happy People.' [Passed* June 3.^

CHAPTER 2.

ORDER CONFIRMING A PLAT OF 700 ACRES OF LAND TO ELIAS VAN

SCHAACK.

A Plat of Seven hundred Acres of Land laid out by Oliver Pat- Legislative
ridge Esq"" Surveyor & Chain men on Oath, lying between Ashue- councif,
let Equivalent, & Land granted to Cpt. Seth Dwight, near the East Arehives^^^^^'
Branch of Housatanuck River, in Part Satisfaction of a Grant made xivi., 195.'
by the General Courts Committee to Elias Van Schoak of One thou- Mass.
sand Acres, the other Three hundred Acres being heretofore laid out xui.^'igf;
& confirmed by the General Court as an Equivalent of his Right ^jfi"^f '/g""^'
& Interest in the Indian Town on Housatanuck River now called Province'

oj. 1 1 • 1 Laws, xii., 508,

fetockbndge. chap. 79; 582,

Read and c^^p- ^o-

* The fast was appointed June 15, 1749, and was public.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is June 2.

[263]

26J:

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 3, 4.]

Ordered that the within Plat be accepted and the land herein
delineated and described be and hereby is confirmed to the within
named Elias Vauschaack His Heirs and Assigns forever in full Sat-
isfaction for the Grant of one thousand Acres. Provided the Plat
exceeds not the quantity of Seven hundred Acres and does not
Intefere with any former Grant. \^Pa8sed June 6.

CHAPTER 3.

Legislative
Records of the
Council,
six., 8.

Mass.
Archives,
Ixxiii., 457.
House Jour-
nal, pp. 14, 16.
Ante, p. 240,
chap. 278.

VOTE FOR CONTINUING THE ESTABLISHM^ OF THE PAY & SUBSISTENCE
OF THE FORCES ON THE FRONTIERS AND VOTES IN REGARD TO THE
POSTING THEREOF.

Voted that the Establishm* of the Pay & Subsistence of the Forces
on the Frontiers that expired the 3V^ of May last be further con-
tinued to the tenth of June Instant; & from thence to the first of
July next, there be Pay & Subsistence granted & allowed to Two
hundred & fifty four Men only; And that His Excellency the Cap-
tain General be desired to give Order for the Reduction of the said
Forces to the Number of Two hundred & fifty four Men (including
Officers) accordingly; But in case a Peace with the Indians ]>e con-
cluded on, at any time, before the Establishm*^ expires, that then his
Excellency be desired to give Order for the Dismission of so many
of the said Two hundred & fifty four Men, as are not posted in the
Forts & Block Houses built at the Charge of the Province : Also

Voted that his Excellency be desired to give Order that the said
Two hundred & fifty four Men be posted in the following manner;
viz. At the Truck house at S' Georges River, Thirty Men; At

the Block house there, Fifteen Men; Pemaquid, Fourteen

Men; Richmond, Fourteen; Fort George, Six; Saco

Block house Ten; Philips Town [Ten']; Gorham

Town, Five; New Marblehead, Five: Also

Voted that what Number of Non Commission Officers & private
Men are now in the Service of this Province in the Eastern Part
thereof, exclusively of those specially destined & posted at other
Places, & who are not Inhabitants of the Eastern Country, Pro-
vided they exceed not Eighty in number, with their Officers be
continued at North Yarmouth & Eastward : At Massachusets

Fort, Twenty Men; Pelliam Fort, Five; Shirley Fort,

Five; Fort Dummer, Fifteen; Number, Four, Fif-

teen; x\shuelets. Five, to be Inhabitants. [Passed June 9.

CHAPTER 4.

Legislative
Records of the
Council,
xix., 9. Mass.
Archives, cxv.,
506.

Mass.

Archives, cxv.,
504. House

ORDER IMPOWERING PRUDENCE STODDARD, ADMINISTRATRIX, TO EXE-
CUTE A DEED.

A Petition of Jacob Wendell of Boston Esq"" shewing that he
purchased one of the Townships granted them, by the General
Court, & undertook to perform the Conditions of the Grant, that
the said Township was laid out to him at a Place called Pontoocook,
that the Petition'' afterwards sold two Thirds of the said Grant to
Philip Livingstone & John Stoddard Esq" who were obliged to carry

' Inserted from Mass. Archives, Ixxiii., 457.

[1st Sess.] Province Laws (^Resolves, etc.). — 1749-50. 265

on their Parts of the Settlem* That the said John Stoddard is since Journal, pp. n,
deceased, whereby the Settlement is retarded; & therefore Praying Law^rxii°*455
that M" Prudence Stoddard, Widow of the Deceased, & Guardian cbap.m '
of his Children (who are all Minors) may be impowered, by this
Court, to act in the Affair of Settling the s** Township, as fully in
all respects, as the Heirs might do, in case they were of full Age.

Eead and

Ordered that Prudence Stoddard Adm"" on the Estate of John
Stoddard Esq'' Dec'd and Guardian to the Heirs of said Deceased
be fully Authorized and Impowered to make and execute a good
Deed or Deeds of the said Heir's Part and Proportion of the seven-
teen Settling Rights mentioned. Provided the said Guardian give
sufficient Security to the Judge of Probate for the County of Hamp-
shire, that the produce thereof be Secured and improved for the
Use of said Heirs and Accounted for to them, as they respectively
arrive at Age. And that the said Prudence be further impow-

ered to Transact the affairs of Settling the Township in this Pet'^
mentioned according to the conditions on which the same was
granted, as fully and amply as the said Minors might do at full
age. [^^Passed June 9.

CHAPTER 5.

ORDER IMPOWERING ZECH^ BRACKET TO DEFEND TITLE TO LAND.

A Petition of Zechariah Bracket of Ipswich, shewing that Anthony Legislative
Bracket of Boston brought his Writ in an Action of Ejectment against coundf,"*"'^
the Petition"" & two others, at the Inferior Court of Common Pleas, xix., lo. Mass.
held in the County of York in July last, that the Action went against s32.
the Petitioner by Default, by reason of his being a Soldier on the Mass.
Frontiers, Praying that he may be admitted to a Trial of the said ^i^'^House'"''
Cause at the next Superior Court for the said County, with the other Journal, p. n-
two Defendents, who have carried the Cause there by Appeal.
Read and (the Attorney of the adverse Partie consenting thereto)
Ordered that the Prayer of the Pet" be granted. And the Pef
is hereby enabled to appear at the next Sup"" Court for the County
of York in order to defend his Title to the Land mentioned And
the Justices of s*^ Court are hereby Impowered and Directed to ad-
mit such his appearance the default mentioned notwithstanding.
[Passed June 9.

CHAPTER 6.

ORDER ALLOWING £12. 10 TO JON^ STANHOPE.

A Petition of Jonathan Stanhope, Praying that this Court would ^|f^^|fs"^f t^e
make him some Grant for his Relief under Wounds he has received council,
from the Indian Enemy, in the publick Service, whereby he is much l^iiiveB,^^"^^'
disabled. . i^^'"-- ^^-

Read and naTT'^Tn

Ordered that the Treasurer be directed to pay to CoP Buckminster "''' '^p- ' '

the Sum of twelve pounds ten Shillings for the "Pef's Use and present

Relief. [Passed June 10.^

' This date is according to Mass. Archives; according to Legislative Records of the
Council and the House Journal the date is June 9.

266

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 7,8.]

Legislative
Records of the
Council, xvlii.,
461; xix., 11.

Mass.

Archives, cxv.,
448. House
Journal,
pp. 167, 168
(April, 1749) ;
p. 22.

CHAPTEE 7.

ORDER DECLARING THE PROCEEDINGS AT A MEETING IN THE DOUG-
LASS DISTRICT NULL AND VOID, CALLING A NEW MEETING AND
APPOINTING A COMMITTEE TO MAKE A NEW LIST OF RATEABLE
ESTATES.

A Petition of a Number of Inhabitants of the District of Doug-
lass, complaining of the irregular Proceedings of the Inhabitants in
the last March Meeting, & Praying that it may be set aside & another
called for chusing Officers & other Matters to be regulated according
to Law.

Read together with the Vote of said District pass'd the 5**^ Instant, &

Ordered that the Proceedings of the said District at their Annual
Meeting in March last be, & they hereby are Declared void & of none
Effect And that John Harwood Esq'' be impowered to issue forth a
Warrant directed to the Constable of Douglas for the Year 1748,
requiring him to notify the qualified Voters to assemble & meet
together on the second Monday of July next for the Choice of
Town Officers (and to act as a Moderator at said Meeting) to stand
till the Annual Meeting in March next.

And whereas there has been a considerable Alteration in the Im-
provem'^ in said District since the last Valuation,

Ordered that Mess'"'^ Caleb Hill, Joseph Titus, & Thomas Cook
(or any two of them) on Oatli take a new List or Valuation of the
rateable Estate both Eeal & Personal there, & lay the same before
the Meeting for the Moderator to Govern the said Meeting by.
\^Passed June 12.

CHAPTER 8.

VOTE FOR USING THE PROVINCE TIMBER IN BUILDING THE WHARF
AT RAINSFORDS ISLAND.

Legislative

Records of the

Council,

xix., 11. Mass.

Archives,

Ixiv., 339.

House Jour-
nal, ]). '21.
Ante, p. 2,t4,
Chap. 317.

Whereas the Select Men of the Town of Boston, by a Vote of
this Court of 22'^ April past, were directed in the cheapest manner
to cause to be built upon Rainsford Island, another jd*^ of Wliarfe,
of 20 feet Sq"^ & 14 feet high, & whereas there is a Quantity of Tim-
ber belonging to the Province, w*^^ lays partly at the Eastward &
partly at Castle William & Gov^ Island, w'^'^ if not seasonably taken
care of, will be entirely lost

Voted, that the Select Men of Boston be impowered & directed
at the Charge of the Province, to cause to be transported from the
Eastw*^ on the Easiest Terms, whatever Timber they shall find there
belonging to the Province & make use of the Same in building the
p" of AVharfe aforesaid, & in case of an Overplus, to dispose of the
same for the best Advantage of the Province & to pay the N" Pro-
ceeds thereof into the Province Treasury ; But in case of a Deficiency,
that they apply to the Captain Generall, for leave to take off from
the Castle & Gov' Island what Timber shall be necessary to compleat
the s*^ Wharfe & improve it for the s*^ Purpose. {^Passed June 12.

[1st Sess.] Prov'ince Laws {Resolves, etc.). — 1749-50. 267

CHAPTER 9.

ORDER ALLOWING THE ACC^ OF THE TRUSTEES OF THE HASSANIMISCO

INDIANS.

An Accompt presented by John Chandler, John Jones & Edward R^^^rd*^^,.
Baker Esq" Trustees for the Hassanimisco Indians, of their Receits Council,
& Disbursements, and the Improvement of their Stock the last Year ^'^•' ^^"

Poor! ,<T House Jour-

-^^'^'^^ *^ nal, pp. 10, 22.

Ordered that the within Accompt be Allowed; *& that the Ballance Province
thereof, being the sum of Ten Pounds nineteen shillings & nine pence, cha^. 227. '' '
the said Trustees are further accountable for. [Passed June 12.

CHAPTER 10.

ORDER IN REGARD TO ATTESTING OATHS.

A Memorial of Timothy Dwight Esq'' Judge of the Probate of Legislative
Wills for the County of Hampshire, Setting forth that John Stod- council,
dard (now dec*^) the late Judge, left in the said Office divers Minutes Mass.*^'^^"
of Oaths administer'd to Witnesses on Wills, & to Executors & Ad- Archives,

minist" on Inventories & Accompts, not attested under his Hand ^^^^ — - — '-

according to y'^ usual Practice of y*^ County, Praying for the Direc- Archives,
tion of this Court in y*^ Affair. ^^'"'•' ^^■

, J . • ^ • HIT .11 House Jour-

The Committee, appointed to consider the withm Memorial, have nai,pp.i7,2i.
attended that Service, & are of Opinion that the Memorialist, late
Register of Probate for said County, be impowered, in his said Capac-
ity, to Attest such Oaths, as were Administred by the said late Judge,
to Witnesses to Wills, & to Executors & Adminisf** respecting any In-
ventories or Accompts, or any other Matter, whereof the said Judge
took & hath left Minutes only ; And that such Attestations be deemed
Valid & effectual to all Intents & Purposes.

By Order of the Comm*'^'' Era. Foxcroft.

Read and

Ordered that This Report be and hereby is accepted and the Said
Timothy Dwight impowered and directed to attest the Said Oaths;
and Such attestation deem'd valid and effectual accordingly. [Passed
June 12.^

CHAPTER 11.

ORDER CONFIRMING THE PROCEEDINGS AT A MEETING OF THE HOL-
DEN PROPRIETORS.

A Petition of the Proprietors of the Common & undivided Lands Legislative
in the Town of Holden Praying that this Court would confirm their councu, xifn.^.
Votes made for raising a Tax on the Lands of the resident & Non ^rehiv^es^cxv
resident Proprietors of three half pence ^ Acre for one Year for 452.
finishing their Meeting House & supporting the Minister of the said Mass.
Town, iPass'd Febry 2^1 1748. fs^Legisl!"

' This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is June 13.

268

Province Laws {Resolves, etc. ). — 1 749-50. [Chaps. 12-14.]

pp. 160, 187
(April, 1749) ;
p. 23.

o7thec'onncii Read and it appearing that the non-Resident Proprietors of the
xix.,13. House Town of Holden have been notified, agreable to the Order of this
^^™^-'~- Court of the twentieth of April last, and no Answer given in;

Ordered That the Prayer of the Petition be granted and that the
Votes of the Said j)ro]Drietors pass'd at their Meeting on the Second
day of February 1748, be and hereby are ratified and confirmed, and
the Several Officers mentioned in the pet° impowered to assess, col-
lect and pay in the Same to the Treasurer accordingly, for the Pur-
poses within mentioned. \^Passed June 13.

CHAPTER 12.

Legislative
Records of the
Council,
xix., 14.

House Jour-
nal, p. 259
(April, 1748).
Ante, p. 225,
cliap. 237.

ORDER ALLOWING £12. 12. 11 TO JOHN BREWER.

Ordered that the Treasurer be directed to pay to John Brewer,
or Order, the sum of Twelve Pounds, twelve shillings & eleven
pence, in order to make up the Deficiencies of the sum, granted
to him, for eighty five Weeks two days Billeting Canada Soldiers,
as pass'd the 9* of April 1748.' [Passed June 14.

Legislative
Records of the
Council,
xix., 14.

House Jour-
nal, pp. 9, 26.

CHAPTER 13.

ORDER ALLOWING THE ACC^ OF THE TREAS^ OF WORCESTER COUNTY.

An Accompt presented by Patrick Hayward, Treasurer of the
County of Worcester for the Year 1748, Having been laid before
the Court of General Sessions of the Peace for the said County &
by them Allowed.

Read &

Ordered that the within Accompt be allowed, & the Ballance
there, being Ten Pounds eleven shillings & six pence the said
Treasurer be further accountable to said County for. [Passed
June 14.

CHAPTER 14.

Legislative

Records of the

Council,

xix., 14. Mass.

Archives,

Ixxiii., 437.

House Jour-
nal, pp. 24, 26.

ORDER ALLOWING £12. 5 AND A GUN TO MARY HITCHCOCK.

A Petition of Mary Hitchcock, shewing that her Husband Nathan
Hitchcock was taken by the Enemy, when in the Service of the Prov-
ince (being then well cloathed & having a good Gun of his own) &
(lied in Captivity, Praying that she may be allowed for his Gun &
Cloaths & the Wages due to him.

Kead and

Ordered that the Province Treasurer be directed to pay to Cap''
Dwight for the Use of the Pef twelve pounds five Shillings out of
the Treasury. And that the Commissary Gen' be directed to deliver
him a good Gun out of the Province Store. [Passed June 14.

* Not found in the House Journal.

[1st Sess.] Province Laws {Resolves, etc.). — 1749-50.

269

CHAPTEE 15.

ORDER ERECTING THE INHAB^s OF MERRICONEAG NECK AND ISLANDS
ADJACENT INTO A PRECINCT.

A Petition of the Inhabitants of Merriconeag Neck »& the Islands Legislative
adjacent within the Town of North Yarmouth, setting forth the great council! ^^ ^^^
Difficulties they are under in attending on the publick Worship of xix.,i5- Mass.

• • . Al*CUlVGS Xll

God there by reason of their great distance & inconvenient situation, 659. ' "'
Praying that they may be erected into a distinct and sepate ' Precinct. Mass.

"Rp'ifl -inrl Archives, xii.,

riCciu anil 658-661. House

Ordered that the prayer of the Petition be Granted and That the Journal, p. 26.
Lands & Island mentioned in the Petition togather with the Gore
of Land So called Lying between North Yarmouth & Brunswick
with the North East part of the Island called great Sebaskadegon
with the Inhabitants that are or may be vSettled thereon be & hereby
are Erected into a Distinct & Seperate precinct to Enjoy all powers
and priviledges as other precincts by Law do Enjoy. & that Cap' John
Stover a principall Inhabitant there is hereby Impowered to call the
first precinct Meeting Sometime in y*^ month of July Next for the
Choice of precinct Officers to continue to y^ Annuall meeting in
March Next, \^Passed June 14.

CHAPTER 16.

ORDER ALLOWING £172 TO EBEN" TERREY AS A DISCOUNT ON AN

EXECUTION.

On THE Petition of Ebenezer Terrey, [ante, p. 242, chap. 284]
Ordered that the Sum of One hundred Seventy two pounds Old
ten"" be discounted on the Execution against him being so much re-
turned Eliakim Hutchinson Esq'' as appears by his Keciept. [Passed
June 14.

Legislative
Records of the
Council,
xix.,15. Mass.
Archives,
Ixxiii., 380.

Mass.
Archives,
Ixxiii., 879.
House Jour-
nal, pp. 22, 24.
Ante, p. 242,
chap. 284.

CHAPTER 17.

vote for a TRANSFER OF DIVERS APPROPRIATIONS.

Province
Laws, iii.
chap. 3.

40S,

Whereas several of the sums by the last Act for the Supply of Klfords'oniie
the Treasury, appropriated for the Payment of the respective Ser- council, xix.,

vices therein mentioned, are exhausted; & there being a Surplusage Iti _

of several other Appropriations in the said Act, now remaining in ^ai^ihfs!"
the Hands of the Treasurer;

Therefore

Voted that a Transfer be made of the several sums, following ;
viz. The sum of Four thousands Pounds, being part of Nine thou-
sand Pounds, (a Surplusage of the Appropriation for Comissary
Stores,) be transfer'd & applied for the Payment of the Wages,
that are due by vertue of the Establishm* of Castle William, &

1 Sic.

270

Province Laws (Resolves, etc. ). — 1 749-50. [Chaps. 18-20.]

Legislative
Records of the
Council, xix.,
17.

House Jour-
nal, pp. 9, 28.

Legislative
Records of the
Council, xix.,
19. Mass.
Archives,
xxxi., 627.

Mass.
Archives,
xxxi., 626.
Legislative
Records of the
Council, xviii.,
43. House
Journal, p. 198
(January,
1746) ; p."29.
Province
Laws, iii., 306,
chap. 12. Ante,
p. 11, chap. 12;
p. 26, chap. .52;
p. 53, chap. 133.

the other Forts & Garrisons upon the Eastern & Western Fron-
tiers, & the Sloop in the Coiintrys service: And that the sum of
Three thousand four hundred Pounds, being part of the sum of
Seven thousand four hundred & fifty four Pounds, (a Surplusage
of the Appropriation for Grants of this Court) be applied to the
Payment of the Services where there is no Establishm* Two hun-
dred & twenty five Pounds of said sum for Wooding Castle Wil-
liam. \^Passed June 16.

CHAPTEE 18.

ORDER ALLOWING THE ACC^ OF THE TREAS^ OF YORK CO.

An Accompt presented by Jeremiah Moulton Esq"" Treasurer of
the County of York, for the Year 1748, Having been laid before
the Court of General Sessions of the Peace for said County, & by
them Allowed;

Eead &

Ordered that the within Accompt be Allowed, The Ballance
thereof, being Twenty nine Pounds six shillings and nine pence,
the said County is accountable to said Treasurer for. \Passed
June 16.

CHAPTER 19.

ORDER FOR AN INQUIRY INTO THE COMPLAINT OF THE NANTUCKET

INDIANS.

A Petition of Paul Quaab of Nantucket Indian, for himself &
the other Indians there. Complaining of great Injustice & Oppres-
sion from the English Inhabitants, as well by hindring them from
the Improvem* of their Lands, as by their unjust Dealings with
them in relation to the Whale Fishery ; Praying that they may ob-
tain Relief from this Court.

Read &

Ordered that the Gaurdians appointed for the Nantucket Indians
inquire into the Matter of Complaint mentioned in the Petition, &
report to this Court at their next Sitting.' [^Passed June 17.

Legislative
Records of the
Council, xix.,
19. Mass.
Archives,
Ixxiii., 452.

House Jour-
nal, pp. 28, 29.

CHAPTER 20.

ORDER ALLOWING £6. 17 AND A GUN TO PHINEAS LOVET, EXECUTOR.

A Petition of Phineas Lovet Executor of Daniel Lovet Dec**
Praying that he may be allowed the Wages due to Samuel Lovet
Son of the said Daniel who was taken at Fort Massachusetts, &
also be paid for a Gun the said Samuel had when he was taken.

Read and in answer to this Petition

Ordered that the Treasurer be directed to Pay the Pef Six pounds

* The guardians reported adversely to the complaint, and the report was accepted. See
Legislative Records of the Council, xix., 136, House Journal, p. 150 (January, 1749), Mass.
Archives, xxxi., 658.

[1st Sess.] Province Laws {Resolves, etc.). — 1749-50. 271

seventeen shillings in consideration of the Suiierings of Dan^ Lovett
within named.

Ordered also that the Commissary Gen' be directed to deliver the
Pef a good Gun out of the Province Store. \^Passed June 17.

CHAPTER 21.

ORDER REMITTING TO THE TOWN OF LEICESTER £25 FINE FOR NOT
SENDING A REPRESENTATIVE.

A Petition of John Brown, Represent^^ of the Town of Leicester Legislative
Praying in behalf of said Town that the Fine laid upon them the councff x*ix^^
last Year, for not sending a Represent''*' in Consideration of their i9- aiass.

A.rciiivGS

Charges &c may be remitted xiix., -ihi'.

Read and House .lom--

Ordered that the Prayer of the Pet" be granted And that the prJj^'inee
Treasurer be directed to to ' Pay to the Pef twenty five pounds out Laws, iii.,395,
of the Treasury for the Use of said Town accordingly. [Passed ^ ^^'
June 17.

CHAPTER 22.

ORDER ALLOWING £15 TO SAR. FURBUSH.

A Memorial of Sarah Furbush, Praying for some Allowance Legislative
from this Court in Consideration of her Husband Phineas Fur- r^f^^^'Jf ?.■ v***®
bush's being taken by the Enemy at Fort Massachusets, & his 20- Mass.
Dying in his Captivity. ixxiii.I^b.

Read and in Answer to this Pet" Mass.

Ordered that the Treasui'er be directed to pay to M"' Francis 4xiii^4^'o
Whipple for the Use of the Pef the Sum of fifteen pounds in House'jour-
consideration of the Sufferings of Phineas Furbush within named. °*'PP-"'''
[Passed June 17.

CHAPTER 23.

ORDER ESTABLISHING THE PAY OF THE GARRISON AT CASTLE W".

Ordered that the Establishment of the Wages of the Officers Non Legislative
Commission Officers and Private Men at His^Maj''^ Castle W" from ^Su xk^^
the 20"^ of Nov"" 1748 to the 20"' of Nov' 1749 be at the same rate 'f-^,^Yve8*-
with the last Establishment for that Fortress. And that for the ixxiii., 467.
future the Pay and Subsistance of fifty Men only, including Offi- House .lour-
cers, be allowed there. [Passed June 17. fnlF^Tim,

chap. 3G.
' Sic.

272

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 24, 25.]

CHAPTEE 24.

Legislative
Records of the
Couucil, xviii.,
391. Mass.
Arcliives,
xxxi., 607.

Mass.
Archives,
xxxi., 604-606;
cxv., 430-432,
473,533. Legis-
lative Records
of the Council,
xix.,19. House
Journal, p. 71
(November,
1748); pp. 28, -29.
Ante,^. 241,
chap. 281.

ORDER CALLING A MEETING OF THE INHABITANTS OF THE TOWN OF
STOCKBRIDGE, AND APPOINTING A COMMITTEE ON THEIR AFFAIRS.

A Petition of Ephraim Williams Esq"" & others in behalf of the
English and Indian Inhabitants of the Town of Stockbridge, shew-
ing that they have had two Meetings warned for the chusing of OflB-
cers, but have both failed by reason of some Mistake in the Manner
of warning them & other Difficulties; Therefore Praying that this
Court would make some Determination respecting the Qualifications
of the Indians in these Matters, & regulate them as to their Convey-
ances of Lands.

In the House of Kepres''*^

Eead, and

Ordered that this Petition be revived and that the Select Men of
the Town of Stockbridge for the Year 1747 be & hereby are impow-
ered and directed to convene the Inhabitants of said Town as soon
as may be, to chuse such Officers as may be necessary to transact
their Town Affairs. And it is further

Ordered that the Committee appointed by this Court to repair to
Hoosuck, & lay out two Townships there, repair also to the Town
of Stockbridge and inquire into that part of the Petition which
respects their Lands, & report as soon as may be what they judge
proper for this Court to do thereon, The Charge to be born as this
Court shall order.

In Council Read & Concur'd with the Amendm* viz* And that
Jacob Wendell Esq"" be of the Com**® so far as relates to this Petition.

In the House of Repres"®^ Read & Concur'd. [Passed June 19.^

CHAPTER 25.

Legislative
Records of the
Council, xix.,
21.

Mass.

Archives, cxv.,
4.53-4.58. Housi'
Journal, p. 32.
Ante, p. 234,
chap. 265.

ORDER ASSESSING A TAX OF ONE HALF PENNY PER ACRE ON LAND
IN THE NORTH WESTERLY QUARTER OF THE TOWN OF RUTLAND.

On the Petition of the Proprietors of Rutland, [ante, p. 234,
chap. 265]

Read, & It appearing that the Non resident Proprietors had been
notified, Agreable to the foregoing Order; And no Answer or Objec-
tion being made; Therefore

Ordered that there be a Tax of One peny half peny, of the last
Emission, per Acre, Annually, levied & assessed upon every Stand-
ard Acre in the North westerly Quarter of Rutland, now erected
into a separate District (excepting only upon the Land granted to
the Minister & School) for the Term of five Years next ensuing;
for erecting a Meeting House, Settling & Maintaining a Minister,
& laying out & clearing Roads therein ; or for any other Service of
a publick Nature ; And the Assessors of the said District for the
time being are hereby impowered to assess the said Lands; And the
Collectors or Constaljles to collect & pay in the same to the Treas-
urer of the said District for the Time being. [Passed June 20."^

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is June 17.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is June 19.

[IST Sess.] Province Laws {Resolves, etc.). — 1749-50. 273

CHAPTEE 26.

ORDER OF NOTICE WITH STAY OF EXECUTIONS ON THE PETITION OF
NATHi- RICHARDSON FOR NEW TRIALS.

A Petition of Nathaniel Eichardsou, shewing that at the Infe- Legislative
rior Court held in the Counties of Middlesex & Suffolk in October coSxixf
& January 1746, James Barret of Maiden recovered Judgment against 22. Mass. *
him, by Default, in two Bonds, & the sum stated in Lawful Money ; 842. ' ' ''
And forasmuch as the Petitioner was then in liis Majestys Service Mass.
at Annapolis Eoyal & so prevented from tendering his Oath, That ^S^^'^housc^"''
there was no Agreement made or intended for Silver Money; & so Journal, pp. 32,
he lost the Benefit of the Law in that respect; Therefore Praying
that he may be allowed new Trials on the said Suits, & Executions
stayed in the mean time

Read and

Ordered that the Pef serve the adverse Partie with a copy of this
Pet" that He shew cause if any he hath on the first tuesday of the
tiext Sitting of this Court why the Prayer thereof should not be
granted. And the Executions within mentioned are Stayed in the
mean time. Provided the Pef give Sufficient Security to the Sheriff
of the County of Suffolk to pay what Sum shall be finally adjudged
due with Lawful Interest from this time. \^Passed June 20.

CHAPTER 27. Sas"o7the

Council, xix.,

VOTE REFERRING THE PETITION OF JAMES LEONARD IN REGARD Archives%ii.,
TO FRAUDULENT DEALINGS AS TO A MORTGAGE. 426.

Mass.

On the Petition of Cpt. James Leonard, [ante, p. 253, chap. ^sf'^House""

'^1 1 "1 Journal, pp. 1"

J . . . 34. Ante,

Voted that the further Consideration of this Petition be refer'd p. 253, chap,
to the first Fryday of the next * Sitting of this Court. \^Passed ^^*"
June 21.

CHAPTER 28.

VOTE FOR CLOATHING PIGWACKET INDIANS. Legislative

Records of the
Council, xix.,

It being REPRESENTED to this Court that the Pigwacket Indians 22. Mass.
under the care and protection of this Goverment are almost desti- xxxi.^eli.

tute of Cloathing. Legislative

Voted that the Commissary General be directed to provide suit- counclf ''^ ^'^^^
able Cloathing for said Indians. Viz For four men. Six Women xvii. (4)', 455.
and Nine Children; the Sum to be Expended for that purpose not m"i"p^ 34!^'^"
to Exceed Sixty Nine pounds. [Passed June 21. Eaws^'xm. 597.

I MS. mutilated. *'''*P- "'

274

Province Laws (^Resolves, etc.). — 1749-50. [Chaps. 29-31.]

CHAPTEE 29.

ORDER FOR ADJOURNING THE BARNSTABLE COUNTY COURTS.

Legislative
Records of the
Council, xix.,
23. Mass.
Archives, xlii.,
852.

House Jour-
nal, p. 35.
Province
Laws, iii., 64,
chap. 32.

Whereas divers of the Justices of the Court of General Sessions
of the Peace & Inferiour Court of Common Pleas which by Law
were to have been held at Barnstable in the County of Barnstable
on the last Tuesday of June current, are Members of this Court;
And the important Affairs of the Province now depending require
their Attendance thereon; Wherefore

Ordered that the said Courts be adjourned to the first Tuesday
of July next, And that all Officers and Persons concerned in said
Courts, conform themselves Accordingly. \^Passed June 21.

Legislative
Records of the
Council, xix.,
24. Mass.
Archives,
xviii., 439.

Mass.
Archives,
xviii., 438-446.
House Jour-
nal, p. 36.
Province
Laws, ii., 151,
chap. 10.

CHAPTER 30.

ORDER IMPOWERING DEBORAH WARNER AND JOSEPH PROCTOR, EX-
ECUTORS, TO SELL AN ESTATE.

A Petition of Deborah Warner & Joseph Proctor, Executors of
the last Will & Testament of William Warner Dec*^ shewing that
his personal Estate falls much short of discharging the Debts, of the
Deceased ; & Praying that they may be impowered to sell two Thirds
of a Piece of Land in Boston, with the Fish Ware house. Coopers
Shop, & Black Smiths Shop thereon, & that the Petitioner Joseph
Proctor, as Guardian to the Children of the Deceased, may be im-
powered to sell the other Third of the said Estate which belongs
to the said Children in Eight of their Mother dec*^

Eead &

Ordered That the Prayer of the Petition be so far granted as that
the Petitioners in their Capacity of Executors & the Petitioner Joseph
Procter in his Capacity of Guardian be allowd cS:; impower'd to sell the
Warehouse, Coopers Shop & Smiths Shop with the Land belonging
thereto as set forth in the petition & in due form of Law to exe-
cute a Deed thereof conveying all the said William Warner's Eight
& Title which at the time of his Death he enjoyd to such person as
shall give most for the same ; provided the petitioners give Bond to
the Judge of Probate for the County of Suffolk av'^ sufficient Suretys
to account for the proceeds according to Law and that they observe
the Direction of the province Law relating to Notifications pass'd
in the sixth year of his late Majesty King George 1. Cap. S'^ & that
in letting out the Minors Interest they ascertain the Value thereof.
\Passed Jime 22.

CHAPTER 31

ORDER ALLOWING £7. 10 AND A GUN TO JOS. BADCOCK.

Records"of the ^ PETITION of Joseph ' Badcock, shewing that he was taken
Council, xix.. Prisoner while in the Service of the Province, & carried to Canada,

* "/flwow," in Mass. Archives and the House JournaL

[1st Sess.] Province Laws {Resolves, etc.). — 1749-50. 275

Praying that he may be allowed Wages during his Captivity, & for 24. Mass.
3 Gun tak( ■ - - ■ *"-'

Read and

his Gun taken with him txxs^l^ihi.

House Jour-

Ordered that the Treasurer be directed to pay to M'' Whipple Seven nai, pp. 15, le,
pounds ten Shillings for the Use of the Pet^ in consideration of his
Sufferings abovementioned Also

Ordered that the Commissary Gen' be directed to deliver him a
good gun out of the Province Store, \^Passed June 22.

CHAPTER 32.

ORDER ALLOWING £18. 15 TO JOS. PENNIMAN.

A Petition of Joseph ' Pennyman of Medfield, Praying that he Legislative
may be allowed for him self & his Daughter the sum of Five Pounds counclu xix!*^
Old Tenor for so much dn the Bills of this Province, belonging to ^s- Mass.
them, which was consumed when his House was burnt down on the ixxxvii.*'49.

twelfth of April last. House Jour-

Read and '^*'' pp- '^' ^'■

Ordered that the Treasurer be directed to pay to the Pef the sum

of Eighteen pounds Sixteen shillings in consideration of the Loss

abovementioned. [^Passed June 23.

CHAPTER 33.

ORDER ALLOWING £3. 7 TO JOS. GOULD.

A Petition of Joseph Gould, Praying that he may be allowed, R^^'^ds'^the
out of the publick Treasury, the Charges of a long Sickness, which council, xix.,
he contracted during his being in the service of the Province, on ArcWve^e,'
the Western Frontiers; ixxiii., 461.

Read and House Jour.

Ordered that the Treasurer be directed to pay to Col" Buckminster "'^ -pp- ••
for the Use of the Pef the sum of Three pounds Seven Shillings in
full consideration for his Sickness and Sufferings above mentioned,
\^Passed June 23.

CHAPTER 34.

ORDER ALLOWING £6 TO ALEX. TARRANT.

A Petition of Alexander Tarrant of Salem, Praying for some Legislative
further Allowance from tliis Court, for the grievous Wounds he coumii! xu!l^
received at the Siege of Louisbourgh by which he is still disabled 26. Mass.
from labouring for his Support ixxiii., 466.

Read and Mass.

Ordered that the Treasurer be directed to pay to M' Jeffrey the ^^^j'^-.^^ee.
Sum of Six pounds for the relief of the Pef in consideration of House' Jour-
his Sufferings within mentioned. [Passed June 23. ^n<e!*p. i84,

chap. 119.
• "James," in the House Journal.

276

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 35-37.]

CHAPTEK 35.

ORDER ALLOWING THE ACCOUNT OF COL. JOSIAH WILLARD.

Legislative
Records of the
Council, xix.,
•26. Mass.
Archives,
Ixxiii., 4.54.

Mass.
Archives,
Ixxiii., 453, 455.
House Jour-
nal, pp. '28, 28,
39. Ante,
p. 187, chap.
128.

A Memorial of John Wheelwright Esq"" Commissary General,
shewing that Coll. Josiah Willard has been employed, under him,
for providing Subsistence, for a Part of the Forces, in the West-
ern Frontiers; & has brought in his Accompts; And for as much
as there is no stated Allowance, Praying that this Court would set-
tle the said Allowance, that the said Accompts may be discharged;

Eead and it appearing to this Court that the abovenamed Josiah
Willard has been in advance for billeting Soldiers Viz At N" 4.
Twelve Shillings and seven pence per Week At Ashuelots Eleven
Shillings one penny three farthings At Fort Dunmer ' Seven Shil-
lings three pence three farthings Cap* Melvin's Voluntiers Eleven
Shillings Eleven pence At Northfield. Eight Shillings. There-
fore

Ordered that the Commissary General be directed to Settle the
said Willard's victualling Account in order for payment at the said
Eates accordingly, \^Passed June 23.

CHAPTER 36.

VOTE DESIRING THE GOVERNOR TO GIVE ORDERS FOR
100 MEN FOR THE WESTERN FRONTIERS.

ENLISTING

Legislative
Records of the
Council, xix.,
27. Mass.
Archives,
Ixxiii., 471.

House Jour-
nal, p. 44.

Voted that His Excellency be desired to give Orders for raising
as soon as may be One hundred effective men as near the Frontiers
as may be Consistent with His Maj'^^ Service by Enlistment or Im-
press for the Service and Protection of the Western Frontiers 25
of them to be Posted at IST'' 4. 10 at the Ashuelots. 5 at Fall Town
five at Colerain 5 at Northfield and 50 to be Employed in Scouting.
The Establishment to continue till tho first of September. \^Passed
June 24.

CHAPTER 37.

Legislative
Records of the
Council, xix.,
27. Mass.
Archives,
Ixxiii., 456.

Mass.
Archives,
Ixxiii., 456.
House Jour-
nal, p. 41.
Province
Laws, xiii.,. '573,
chap. 21)2.

ORDER ALLOWING £12. 10 TO TERENCE CANE.

A Petition of Terence Cane, Praying for some furtlier Allowance
from this Court, in Consideration of the Wounds he received at the
Siege of Louisbourgh, whereby he is still disabled from Labouring
for his Support.

Read and

Ordered that the Treasurer be directed to pay to the Pef Twelve
pounds ten Shillgs out of the Treasury, for his relief &c. \_Passed
June 24.

1 Sic.

[2d Sess.] Province Laws {Resolves, etc.).- — 1749-50. 277

CHAPTER 38.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF
W" DAVENPORT & OTHERS OF THE DISTRICT OF DOUGLAS IN RE-
GARD TO A MEETING.

A Petition of William Davenport & Joseph Eobins, a Committee Legislative
for the District of Douglas, shewing that upon the said Districts counl^i* x^x^*^
being served with a Copy of the Petition of Caleb Hill & others, 28. Mass.
to this Court, Complaining of irregular Proceedings in a District 462. ' ^''
Meeting in said Place, for the Choice of Officers &c, and the said Mass.
Districts Committee were to make Answer to the said Complaint, ^i*"463®|6.S6s'
the said Petitioners made Oifers for an Accomodation; to which House Jour,
the other Inhabitants agreed; but the other Party have receeded ^nt^^.'^m,
from it; by which means the Petitioners are prevented from giving chap-"-
in their Answer in season; Therefore Praying that the Petitioners
may be heard before any Determination be had by this Court on
the said Affair

Eead &

Ordered that the Petitioners serve the District of Douglas with
a Copy of this Petition, that they Shew cause if any they have on
the first Fry day of the next Sitting of this Court why the Prayer
thereof should not be granted: And all Proceedings on the Order
of this Court of the 12*'' Instant are Stayed in the mean time.
\^Passed June 24.

CHAPTER 39.

ORDER ALLOWING £7 TO NATH'- HIX. Legislative

Records of the
Council, xix.,

A Petition of Nathaniel Hix, shewing that, by reason of Wounds, so. Mass.
which he received at the Siege of Louisbourgh, he still remains a ixxiii., 433.
Cripple, Therefore Praying for some further Allowance from this Mass.

Court. i^rchives

lxxiii.,433.
Kead and House Jour-

Ordered that the Treasurer be directed to pay to Simon Frost 46^ ' ^Arite, ' '
Esq"" the Sum of Seven pounds for the present relief of the Pet^ p-s.^hap. 2.
\^Passed June 27.

CHAPTER 40.

ORDER ALLOWING £1. 1. 11 AND A FURTHER SUM OF £6. 6. 3 TO JOHN

ULMER.

A Petition of John Ulmer, shewing that he served as Drum Legislative
Major in the late Expedition against Cape Breton, but has been councif xlx!**^
allowed Pay only as an other Drummer, Praying that his Pay may so. Mass.
be made up to him, & that he may be allowed the Expence he was ixxiii.^^.
at in repairing the Drums. Mass.

TJpnrl nnri Archives,

jxeaa ana ^ ^ ixxiii., 462-4C5.

Ordered that the Sum of One pound One Shilling and eleven House'jour-
pence (being the difference between a private Drummers Pay and "'^•i^p- >
that of a Drum Major) be allowed the Pef by the Comm'^'^ of War

Also

278

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 41-43.]

Voted that the further Sum of Six pounds Six shillings and three
pence by ' allowed by Said Conini^'= to the Pef to discharge his Ace*
Annexed. [^Passed June 27.

Legislative
Records of tlie
Council, xix.,
30.

House Jour-
nal, pp. 9, 40.

Legislative
Records of the
Council, xix.,
31. Mass.
Archives, xlii.,
825.

Archives, xlii.
8-i.'). House
Journal, p. 45.

CHAPTEE 41.

ORDER ALLOWING THE ACC^ OF THE TREAS^ OF MIDDLESEX CO.

An Accompt presented by Daniel Eussell Esq"" Treasurer of the
County of Middlesex for the year 1748, having been laid before the
Court of General Sessions of the Peace for the said County & by
them Allowed;

Read &

Ordered that the within Accompt be allowed, & the Ballance
thereof, being Twenty four Pounds eighteen shillings & seven
pence the said Treasurer is further accountable to said County
for. [^Passed June 27.

CHAPTER 42.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
W^ NICHOLS FOR A NEW TRIAL.

A Petition of William Nichols one of the Under Sheriffs of the
County of Suffolk, shewing that upon a Review, at the Superior
Court for said County, of an Action brought originally against the
Sheriff by Joseph S* Lawrence & others for a pretended Mai Ser-
vice of the Petitioners, the Cause being refer'd by a Rule of the
Court, & the Referrees making no Report, Judgment was made up
by the Court against the Petitioner, in his Absence, for Default;
And therefore Praying that he may have an other Trial & the Exe-
cution stayed.

Read and

Ordered that the Pef serve the with in named Joseph S* Lawrence
with a copy of this Pe'° that He shew cause if any He hath on the
first thirsday 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 June 27.

CHAPTEE 48.

ORDER ALLOWING £10 TO JOHN NORTON, ESQ'', ATTORNEY FOR JOHN

HARPER.

Legislative
Records of the
Council, xix.,
31. Mass.
Archives,
Ixiv., 343.

Mass.
Archives,
Ixiv.. 34-2.

A Petition of John Norton Esq"" Attorney to John Harper, shew-
ing that there was an Allowance made to the said Harper, for the
Hire of the Scooner Hopewell & the Wages of the Seamen, she being
impressed in the service of the Province at Canso in the Year 1745;
But foras much as the Papers were burnt in the Town House, Pray-
ing that the said Allowance may be revived.

> Legislative Records of the Council, xix., 30, reads, "be."

[2d Sess.] Province Laws {Resolves, etc.). — 1749-50, 279

Read and nT^^ '4o^4'-

Ordered that the Comm®® of War be directed to pay to John Proviace'
Norton Esq^ or Order the Sum of ten pounds in full for the Hire cha^'if ekf^'
and Wages of the Schooner and Men within mentioned, {^Passed ^^^^- ^^i-
Ju7ie 27.

CHAPTER 44.

ORDER ALLOWING THE ACC^ OF THE TREASURER OF BARNSTABLE CO.

An Accompt presented by John Gorham Esq' Treasurer of the Legislative
County of Barnstable, for the Year 1748, Having been laid before coSx'x.r
the Court of General Sessions of the Peace for the said County & 3i-
by them Allowed: House Jour-

Read& _ _ nai,pp.9,4o.

Ordered that the within Accompt be Allowed, & the Ballance
thereof, being Fifty three Pounds ten shillings the Treasurer is
further accountable to said County for. \^Passed June 27.

CHAPTER 45.

ORDER ALLOWING £47. 10. 1| FOR THE SUPPORT OF THE PIGWACKET

INDIANS.

An Accompt presented by Thomas Foster Esq'' of the Charge of Refords'of the
supporting the Indians of the Pigwacket Tribe, within this Prov- Council, xix.,

ince, Pursuant to an Order of the General Court, Amounting to ^

the Sum of £47. 10. If. ^ZvvXi>o.

Read & Province

Ordered that this Accompt be Allowed; & that the Treasurer be'ciiap.ii. '' ''
directed to pay to Thomas Foster Esq' for the Use of the Comm*®*'
the sum of Forty seven Pounds ten shillings & one peny farthing,'
accordingly. \^Passed Jime 27.

CHAPTER 46.

ORDER ALLOWING £25 TO ABRA. BELKNAP.

A Petition of Abraham Belknap, late Door Keeper to his Ex- Legislative
cellency & the General Court, Setting forth his Service, in the said counc'if, xixl^^
Office & the Difficulties he has passed thro therein which has occa- \3. Mass.

• • ArciiivG8

sioned his Loss of Health, & therefore Praying for some further xiix., -256.'
Allowance from this Court: Mass.

Read and xnx.'253-256.

Ordered that the Treasurer be directed to pay to the Pef Twenty House Jour.
five pounds in full Satisfaction for his Service as Doorkeeper. [Passed ^nie'^. m, '
Jtme28.^ chap. 153.

* This reads "three Farthings" in the House Journal, p. 50. So also in the preamble
in Legislative Records of the Council, xix., 31.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is June 13.

280

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 47-49.]

CHAPTER 47.

Legislative
Records of the
Council, xix.,
15, 32. Mass.
Arcliives, xlii.,
837.

Mass.

Archives, xlii.,
833-837. House
Journal, pp.40,
45, 51.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF JOHN MILLER IN REGARD TO REFEREES DECISION.

A Petition of John Miller of Middleboro, shewing that in. divers
Actions depending in the Superior Court for the County of Plym-
outh, between him and one Jabez Woods, the Parties submitted
their Differences to a Rule of Court, that Judgment was made up
according to the Report of the Referrees; which happened to con-
tain divers Mistakes, manifestly prejudicial to the Petitioner, that
the Referrees drawing a new Report agreable to their Judgment;
which the Petition"' offered to the Judges at their Court at Boston,
they refused to act upon it; Therefore Praying that the said Supe-
rior Court may be impowered to receive the said Report, examine
into the same, & give Judgment & award Execution according to
the true Intent of the Referrees.

The Committee, to whom was refer'd the Petition of John Miller,
having fully heard the Parties, & considered thereon, are of Opinion
that the Referrees be impowered to reconsider the Report mentioned
in said Petition; & alter & amend the same, as they shall judge rea-
sonable; t& make Report of their Doings thereon, at the next Superior
Court to be held at Plymouth, within & for the County of Plymouth
on the second Tuesday of July next ; & that the said Court be enabled
to make up Judgment & award Execution accordingly.

Read &

Ordered that this Report be accepted. \^Passed June 28.

Legislative
Records of the
Council, xix.,
32. Mass.
Archives,
xviii., 600.

Mass.
Archives,
xviii., .599.
Legislative
Records of the
Council, xviii.,
462. House
Journal, p. 52.
Ante, p. 251,
Chap. 310.

CHAPTER 48.

ORDER REFERRING THE HEARING ON THE PETITION OF JN^ AND
SARAH LIDDEL, EXECUTRIX, IN REGARD TO COURT PROCEEDINGS.

Ordered that the Hearing on the Petition of John & Sarah Liddell
(appointed to be had this day) be refer'd over to the first Tuesday
of the next Sitting of this Court. \^Passed June 28.

CHAPTER 49.

Legislative
Records of the
Council, xix.,
32. Mass.
Archives,
xxxi., 625.

Mass.
Archives,
xxxi., 624.
Legislative
Records of the
Council, xviii.,
43. House
Journal, p. 198
(Januarv,
1746) ; p." 22.
Ante, p. 146,
chap. 13.

ORDER IMPOWERING JAMES THOMAS, INDIAN, TO SELL LAND.

A Petition of James Thomas of Tetticut ' Indian, Praying that
he may have Liberty to sell some Lands in the said Place, mentioned
in a former Petition, prefer'd to this Court the last year, notwith-
standing the Objections made against it by John Thomas; the Peti-
tioner being the only Heir, & standing in Need of the Produce thereof,
for his Support in his old Age.

Read and

Ordered that the Prayer of the Pet" be so far granted as that the
Pef be allowed (with the advice and consent of the Guardians app"''^
by the Court over s'^ Indian) to give a good and sufficient Deed of
the land within mentioned. \^Passed June 28.

* The House Journal, p. 22, reads, " Middleborour/h."

[1st Sess.] Province Laws (Hesolves, etc.). — 1749-50. 281

CHAPTER 50.

ORDER ALLOWING £10 TO JN^ DAVIS.

A Petition of John Davis, Praying for an Allowance from this Legislative
Court, in Consideration of Wounds received from the Indian Enemy, councif xix!*^
while in the publick Service; whereby he is disabled from providing 32. Mass.

J, , . o i ° Archives,

tor his Support. ixxiii., 468.

Eead and Mass.

Ordered that the Treasurer be directed to Pay to Cap' Newhal ten ^^ui^^gg
pounds for the Use and Relief of the Petitioner. \ Passed June 28. House Jour.

^ ■- nal,pp.41,50.

CHAPTER 51.

ORDER ALLOWING £8. 10 AND A GUN TO DAVID OSGOOD, ADM^

A Petition of David Osgood, Brother & Adminisf of Benjamin Legislative
Osgood Dec'^ Praying to be allowed for a Gun, the said Benjamin councif, xix!*^
(being a Soldier) had when he was taken by the Indian Enemy, as ^^- Mass.
likewise for Twelve Pounds, in Bills of this Province, of the Old ixxiii.%32.
Tenor, which he then had with him, as also the Wages due to the Mass. ~

said Benjamin. hcxiu^432

Read and House' Jour-

Ordered that the Province Treasurer be directed to pay the Pet" °^ ' '^^' ''
Eight pounds ten shill^s out of the Treasury in full discharge of
this Pet°

And that the Commissary Gen' be directed to deliver the Pef a
gun out of the publick Store. [Passed June 28.

CHAPTER 52.

ORDER ALLOWING £8. 10 AND A GUN TO W^ BLANCH ARD.

A Petition of William Blanchard, Praying that he may be allowed ^^sisiative

1 • TTT 1 • T • i~H • •, /I 1 • ,11 ,1 T T T-i Records of the

his Wages during his Captivity (lie being taken by the Indian Enemy Council, xix.,
during his being in the publick Service,) & for a Gun he then lost. ArcWv^es!'
Read and ixxiii.,43'4.

Ordered that the Treasurer be directed to pay the Pef Eight Mass.

A.I*CillVG8

pounds, ten Shillings out of the Treasury in full consideration for ixxiii., 434.
his Sufferings mentioned And that the Commissary Gen' be directed na'i!pp.'47^2.
to deliver the Pef a gun out of the Province Store. [Passed June28.

CHAPTER 53.

ORDER IMPOWERING ELIZABETH OSGOOD AND JACOB DANFORTH TO
PRESENT THEIR ACCOUNTS FOR THE MAINTENANCE OF THEIR
MOTHER.

A Petition of Elisabeth Osgood of Billerica in the County of ^|f^^^|fjf^the
Middlesex, shewing that she & her Brother Jacob Danforth have council, xix.,
expended Four hundred Pounds for the Support of their aged ArchWes^,'
Mother, her own Estate being in no measure sufficient for her xviii., 432.

282

Prov'ince Laws {Resolves, etc.). — 1749-50. [Chaps. 54, 55.]

Mass.
Archives,
xviii., 431.
House Jour-
nal, pp. 49, 51.

Support; That three of her Sons are deceased, & have left Chil-
dren, that the Petitioner has applied to their Guardians, who re-
fuse to pay any thing to her Support, And seeing it is thought
that the Court of General Sessions of the Peace have no Power
to relieve the Petition"' Praying that this Court would order that
the Charge of supporting the Petition" Mother, as well as to the
time past, as to the time to come, may be apportioned among her
Children & Grand Children,

Bead and

Ordered that the Prayer of the Pe*" be so far granted as that
the within named Elizabeth and Jacob Danforth be and hereby
are enabled to lay their accompts for the Maintenance herein men-
tioned before the Court of Gen' Sessions of the Peace for the County
of Middlesex, that they may Examine and x\llow the Same, Who are
also hereby directed and impowered as far as they shall Judge the
same reasonable, as well for the time past, as for the time to come;
and to Proportion the same among the Children and Grand Chil-
dren of Kebecca within named. Who shall be obliged to Pay
the same. And in case any or all of them refuse Payment, as said
Sessions shall Order. The said Elizabeth Osgood and Jacob
Danforth may severally take their Action or Actions of Debt against
any or all of them that neglect or refuse to pay the proportion, the
said Court shall sett upon them towards the Maintenance aforesaid.
[^Passed June 28,

CHAPTER 54

ORDERS IN REGARD TO SETTLING BILLETTING ACCOUNTS.

Legislative
Records of the
Council, xix.,
33. Mass.
Archives,
Ixxiii., 514.

House Jour-
nal, pp. 45, 51.
Ante, p. 276,
chap. 35.

A Memorial of Coll, Josiah Willard, shewing there were divers
Mistakes in settling the Eates of Victualling the Forces on the
Western Frontiers by means of which he shall suffer great Dam-
age, unless he be relieved by this Court, Praying that the said Mis-
takes may be rectified.

Read and

Ordered that the Commissary Gen' be directed in Settling the
Accounts abovementioned to Add to the Billeting granted by the
former Order. Viz' at N° 4. one penny half penny per Week.

At Fort Dummer Two Shill^^ and Sixpence per Week. And that
He deduct from Ashuelots Sixpence per Week. And from Cap' Mel-
vin's Voluntiers one Shilling per Week.

Ordered also that the S'^ Commissary allow the Pef his Account
of thirteen pounds Nineteen Shillings for Provisions Supplyed Brig'
Dwights men. \^Passed June 28.

CHAPTER 55.

VOTE ON THE PETITION OF THE DUNSTABLE INHABts IN REGARD
TO A MEETING HOUSE

Records'of the INASMUCH as the House for the publick Worship of God in Dun-
Councii, xix., stable was not Erected witliin the time Limited bv the Order of this

3*i jVifl,fl8 "'

Archive8,'cxv., Court of June 6*^ 1747. The InhaV of Groton and Nottingham have

509.

[1st Sess.] Province Laws {Resolves, etc.). — 1749-50. 283

lost the benefit of Incorporation with the Town of Dunstable. There- Mass.

fcwcx Archives, cxv.,

^^^^ 507,510-514.

Voted that a Meeting House for the publick Worship of God be House Jour-
Erected as soon as may be on the East Side of the Road that Leads 47. '^Inte^ '
from Cap' Cummings to Simon Thompson's where the Timber for p- 12, chap. 14.
such a House now lies agreable to the Vote of the said Town of
Dunstable on the 26"' of May last. And that the said Inhabitants
of G-rotou and Nottingham be and continue to be Sett off and
annexed to the Town of Dunstable to do duty and recieve Privi-
ledge there, their neglect of complyance with the said Order of
June G"" 1747 notwithstanding; unless the Major part of the In-
habitants and rateable Estate of Groton and Nottingham respec-
tively shall on or before the first day of September next in writing
under their hands Transmit to the Secretary's Office their desire
not to continue so incorporated with the Town of Dunstable as
aforesaid.

Provided also that in case the said Inhabitants of Groton and
Nottingham shall signifye such that desire in manner and time as
abovesaid, They be nevertheless Subjected to Pay and Discharge
their proportion of all publick Town or Ministerial rates or taxes
hitherto granted, or regularly laid on them, excepting the last Sum
granted for building a Meeting house. And that the present Town
Officers stand and execute their Offices respectively un[til] ' the
Anniversary Town Meeting at Dunstable in March next. [Passed
June 28.

CHAPTER 56.

VOTES TRANSFERRING DIVERS APPROPRIATIONS. Legislative

Records of the

Voted that there be a transfer of three hundred and thirty pounds 36°'^ Mass^^^"'
from the Approjiriation for grants to the Appropriation for the Pay xnx"258'
of the Members. ^ J j^^^. —

Voted also that there be a Transfer of fifteen hundred pounds nai, p. .15.
from the said appropriation to the appropriation for the defence Laws^m., 408,
of the Province. [Passed June 29. ciiap.3.

CHAPTER 57.

RESOLVE ALLOWING £350 FOR EXPENSES OF COMMISSIONERS OF INDIAN
TREATY £450 FOR PRESENTS TO THE INDIANS, WITH A FURTHER SUM
OF £31. 10, AND £750 FOR THE INDIAN TRADE.

Resolved that the sum of Three hundred & fifty Pounds be Granted R|fo^|ig*of the
& paid out of the Publick Treasury to purchase necessary Supplies council, xix.,
for the Expence of five Commissioners in the intended Treaty & Archives,"
for the support of the Indians while the Treaty is carrying on. xxxi.,633.

Resolved i\\2ii a sum not exceeding Four hundred & Fifty Pounds J^egisiative

o *j ^ KGcorcis or tiiG

be Granted to purchase presents for the Indians to be put into the council, xix.,
hands of the Commissioners to be distributed at the discretion of 26'^^^', 29,'34 ks.
said Commissioners, either in the whole or in part as the numbers House Jour-
of the Indians may be at the Treaty the Commissioners to be ac- ^^ ' ^'"
countable.

Resolved ih^i Thirty One Pounds ten shillings be granted to Pur-

^ MS. mutilated; taken from Legislative Records of the Council.

284

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 58-61.]

Legislative
Records of tlie
Council, xix.,
36. Mass.
Archives,
xlix., 2.i9.

House Jour-
nal, p. 54.

Legislative
Records of the
Council, xix.,
36.

House Jour-
nal, pp.9, 55.

chase Presents for the Norridgewalk and Penobscot Indians now in
Boston.

Resolved that Seven hnndred & fifty Pounds be Granted to pur-
chase Necessary Goods & Provisions for the Indians Support to be
Lodged in the Truck house of Georges & Richmond for that Pur-
pose to be Sold by the Commanding Officers there agreeable to In-
structions to be sent them for that Purpose. \^Passed June 29.

CHAPTER 58.

ORDER REFERRING ALL UNFINISHED MATTERS.

Ordered that all Matters which had day in this Session, and have
not been passd on shall have the same day in the next Seting of this
Court. [Passed June 29.

CHAPTER 59.

ORDER ALLOWING THE ACC^ OF THE TREAS" OF PLYMOUTH COUNTY.

An Accompt presented by Edward Winslow Esq"" Treasurer of the
County of Plymouth for the Year 1748, Having been laid before the
Court of General Sessions of the Peace for the said County, & by
them Allowed;

Eead &

Ordered that the within Accompt be Allowed ; & that the Ballance
thereof, being Four hundred & thirty three Pounds thirteen shillings
& five pence, the said Treasurer is further accountable to said County
for. [Passed June 29.

CHAPTER 60.

Legislative
Records of the
Council, xix.,
36. Mass.
Archives,
Ixiv., 338.

Mass.
Archives,
Ixiv., 337.
Legislative
Records of the
Council, xviii.,
195. House
Journal, p. 55.

ORDER FOR REPAIRS TO THE LIGHT HOUSE AND DWELLING HOUSE
ON BEACON ISLAND.

A Memorial of Cpt. Robert Ball Keeper of the Light House on
Beacon Island, shewing that there are divers Repairs wanting to be
made on the s*" Light House, & the Dwelling House there ; And Pray-
ing that this Court would give Order for effecting the same.

Read and

Ordered that the Light house be forthwith painted for the benefit
of said Building and that necessary Repairs be made to the Dwelling
House. And that the Comm*^® app*^*' by this Court See the same done
in the cheapest manner. [Passed June 29.

CHAPTER 61.

ORDER IMPOWERING THE INHAB^s OF QUABIN TO CALL A MEETING
AND VOTE IMPOWERING THEM TO CALL AND SETTLE A MINISTER.

Record"of the ^ MEMORIAL of the Inhabitants of a Place called Quabin, & the
Council, xix.. Proprietors of the Narraganset Township Number Four, lying partly

[1st Sess.] Province Laws {Besolves, etc.). — 1749-50. 285

in Quabiu & partly to the Westward of it, shewing that whereas there 36. Mass.
was a Number of the Inhabitants that were about to settle a Minister ^f*"^^^' ^"■'
among them, & petitioned this Court to enable them to raise Money ^^^^
for that end: Since that time there has been a Proprietors Meeting, Archives, xii.,
where it was unanimously apprehended, that the Method proposed tive Records of
would not be serviceable; And therefore Praying that this Court x^\in°4TO.*^'
would not make any Order in favour of that Petition, & if they House Jour-
have, that they would please to revoke it; And that the said In- ' '*''
habitants may be invested with the Powers of a Parish or Precinct,
& may be enabled to raise Money for the Settlem* & Support of a
Minister, as particularly mentioned.

Read and

Ordered that the Inhabitants of Quabin be invested with the same
powers and priviledges that Parishes by Law are invested with or
ought to Enjoy. And that Thomas Gibbs one of the Inhab" of said
Quabin be fully Impowered to call their first Meeting.

Voted also that the said Inhabitants of Quabin be Impowered to
call and settle a Minister and raise sufficient Money on all the Prop""*
and Grantees and other Persons who own Lands In s'^ Quolbin ' as
may be needful to defrey the Cost thereof. And that they Pay five
hundred pounds Old ten"" (over and above the lands already seques-
tred for the Minister) for the Ministers Settlement. And five hun-
dred pounds in like tenor for his first Year's Salary. [Passed June 29.

CHAPTER 62.

ORDER ALLOWING £12. 13 TO EDWi* WINTER.

A Petition of Edward Winter of Boston Blacksmith, Praying Legislative
that he may be allowed out of the publick Treasury the Amount councif, xix!!^
of his Accompt, herewith exhibited, of his Time & Trouble of ^^.^.j^^^^g^g*-
Viewing the Irons of nine Persons committed to Boston Goal for ixiv., 335.'
Piracy, from January 1744, to July 1746. Mass.

Read & ^^^

Ordered That there be granted and allowed to be payd to the H^ouse Jmir^
Petitioner Edw*^ Winter out of the Province Treasury the Sum of -p • > •
Twelve pounds Thirteen shillings In full for his Services In S*^
Petition mentioned, [Passed June 29.

CHAPTER 63

ORDER INCREASING THE WAGES OF THE GARRISON AT CASTLE Legislative

wtf T T A AT Records of the

WiL,LiAM. Council, xlx.,

37.

On his Excellencys Message Eeferring to Castle William, Legislative
Enter'd the 21^* instant councu, xf x*!"

Ordered that Five shillings, per Month be added to the present 22.^^Hou8e ^^
Establishment of the Soldiers at Castle William, that the Wages iJi"e"p.'27i,
of the Non Commission Officers be raised in proportion. [Passed '^^^'^- '^■'^■
June 29.

1 Sic.

286

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 64, G5.]

CHAPTER 64.

Legislative
Records ot the
Council, xix.,
37.

Mass.
Archives,
xliii., 464.
House Jour-
nal, p. 48.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
JOS. PRINCE FOR A NEW TRIAL.

A Petition of Joseph Prince, shewing that in an Action at the
Superior Court in Boston, between the Petitioner, k John Wheel-
wright Esq"" they submitted the Matter to a Rule of Court, that
one of the Referrees had much Dealings with M"" Wheelwright, &
therefore could not be indifferent; Which the Petitioner did not
know till after Judgment on the Award (which was against him)
was made up ; And therefore Praying for a new Trial ; & that Exe-
cution be stayed in the meantime.

Read &

Ordered that the Petitioner serve John Wheelwright Esq'' with a
Copy of this Petition, that he may shew Cause, if any he hath, on
the second Tuesday of the next Sitting of this Court, why the Prayer
thereof sh'^ not be granted ; & that Execution be stayed in the mean
time. Provided the Petitioner give Security to the Sheriff of the
County of Suffolk, to pay such sum as shall finally be recovered
of him, with lawful Interest from this time. \^Passed June 29 ^

CHAPTER 65.

Legislative
Records of the
Council, xix.,

38. Mass.
Archives,
Ixxiii., 426.

Mass.
Archives,
Ixxiii., 424-427.
House Jour-
nal, pp. 21, 51.
Province
Laws, xiii., 42.5,
chap. 157; 441,
chap. 212.

ORDER ALLOWING £82. 7. 4 TO KATH. RUGGLES AND STEPHEN WIL-
LIAMS, JK, ADMINISTRATORS.

A Memorial of Katherine Ruggles & Stephen Williams Jun''
Admiuist" on the Estate of Cpt. John Ruggles late of Roxbury
Dec'^ shewing that the said John Ruggles enlisted a Company of
Soldiers for the late Expedition against Cape Breton, & paid them
£132. 7. 4 Bounty & Billeting Money, allowed by this Governm* of
w*^^ he had received but £50, as will appear by tlie Committees Books;
And therefore Praying that the Sum, remaining due, may be paid
to the Memorialists, for the Benefit of their Intestates Estate.

Read and

Ordered that Eliakim Hutchinson Esq'' be directed to Pay the
Pef' Adm''" &c the sum of Eighty two pounds seven shill^^ and
four pence being the Ball^ of his Accoun* They giving caution
to the said M' Hutchinson to Apply the Money for the purposes
herein Sett forth In case it should hereafter Appear that any of
the Men born on the Roll have not been paid the Bounty and Bil-
leting. \^Passed June 29.

• This date is according to Legislative Records of the Council ; legislative action in
Mass. Archives is incomplete and no final date is given.

[2d Sess.] Province Laws {Resolves, etc.). — 1749-50. 287

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Second Day of August, A.D. 1749.

CHAPTER 66.

ORDER IMPOWERING CPT. MOSES BENNET TO MAKE UP HIS MUSTER

ROLL.

A Petition of Cpt. Moses Bennet Commander of the Ship Mas- Legislative
sachusets Frigate, Praying that an Establishm*^ may be made for the counrif x^ix"^^
Men that he was obliged to keep in the Service, to take Care of the «• Maes. ''
said Ship, when she was laid np ; & that he may be allowed Twenty 4iv':'/34i.'
shillings per Week for their Subsistence. ^^^^^

[Committee's report] read and accepted and Archives,

Ordered that the Petf be allowed to make up his Muster Roll for House Jour.
six Men from the first of Sep* to the 22-1 of Nov-" past and from thence Ani}7p^9i^-
for three Men only to the first Day of July being the Number allowed ^W- lio.
by this Court on s'' Ship att the Rate of the former Establishment
and that fifteen shillings ^ Week be allowed s*^ Petf for billetting
each Man for the Time they were imployed in the Service of s*^ Ship.
& On a Motion made & seconded

Ordered that usual Wages be allowed to the Capt° and two Men
only on board the Massachusetts Friggett from the first of July
last to the first Day of October ' next. [Passed August 4.

CHAPTER 67.

VOTE DESIRING THE GOVERNOR TO APPOINT A DAY OF THANKS-
GIVING.

The House taking into the Consideration the remarkable Appear- Legislative
ance of Divine Providence in the late plentiful Rains, wheby many Records oi the
of the perishing Fruits of the Earth are so far recovered, as that 41. Mass. ' ''
our Apprehensions of distressing Want, if not a grievous Famine 683?^'^*^^' ''^"''
are in a good measure removed; & in so far rebuking the devour- House Jour-
ing Insects; AVhich calls on us most thankfully & in a publick man- nai, p. eo.
ner to acknowledge, so great a Favour, especially as we may hope it and Thanks-
is bestowed in Answer of Prayer, ll^w°E?"iand*
Wherefore p. 496. Ante,'
Voted that his Excellency be desired by the Advise of his Maj- ^' '^ ^^'^'

' Both copies of Legislative Records of the Council read "July," evidently a mistake
for October, as in Mass. Archives. Seejao*^, p. 374, chap. 276.

288

Province Laws (^Resolves, etc.). — 1749-50. [Chaps. 68, 69.]

estys Council to issue his Proclamation for a publick and General
Thanksgiving to that compassionate God who has heard our Cry
in the Day in which we were in Trouble.' \^Passecl August 5.

CHAPTEK ^S

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF
JOHN GOODHUE & OTHERS OF CHEBACCO.

Legislative
Records of the
Council, xix.,
42. Mass.
Archives, xiii.,
142.

Mass.

Archives, xiii.,
138-142. House
Journal, p. 61.
Ante, p. 166,
chap. 65.

A Petition of John Goodhue, Jacob Storey, Jeremiah Foster,
Seth Storey & Josiah Burnham, shewing that the four first of them
were chosen Trustees of the second Parish in Ipswich, called Che-
bacco, & the said Josiah Burnham Collector for the Year 1748; That
the said Trustees, in the Execution of their Office, assessed a Tax,
granted by said Parish, for satisfying a Judgment, recovered against
said Parish, by M'' Pickering their late Pastor, & committed it to
the other Petitioner Josiah Burnham, to collect; That the said Col-
lector was obliged to arrest the Body of one Low, who refused to
pay the said Tax, & had no Estate to levy it on; that the said Low
sued & recovered Judgment against the said Burnham ; Which Judg-
ment was obtained principally for these two Reasons, that the Per-
sons who assessed the Tax were called Trustees & not Assessors, and
that the Warrant was without a Seal ; And forasmuch as the Officers
appointed to assess the Tax in said Parish, have always been chosen
by the Name of Trustees for Fifty years past, & executed their Office
under that Style without any Dispute, & the general Practice thro
out the Province has been to issue the Assessors or Selectmens War-
rants without Seal ; Praying that the Proceedings of the said Trus-
tees & Collectors may be confirmed, notwithstanding the said Defects,
& that the Petitioner Josiah may have the benefit of such Confirma-
tion at his Trial of the said Action on the Eeview.

Eead &

Ordered That The Petitioners serve Sam' Low with a Coppy of
this Petition That He & any others of the second Parish In Ipswich
who apprehend themselves Effected hereby may shew Cause (If any
they liave) on the first Thursday of the next Sitting of this Court
why the Prayer Thereof should not be granted & all further process
In the Law for or against the S** Parish or any the Parishioners thereof
as Such are Stayed In the mean Time. \^Passed August 5.

CHAPTEK 69

ORDER ACCEPTING REPORT OF THE COMMITTEE ON THE PETITION OF
¥■= DISTRICT OF DOUGLAS.

Legislative
Records of the
Council, xix.,
42. INIass.
Archives, cxv.,
472.

Legislative
Records of the
Council, xix..

The Committee, to whom was refer'd the Petition of William
Davenport & Joseph Eobins, [ante, p. 266, chap. 7] a Committee of
the District of Douglas, Having fully heard the Parties, & maturely
considered thereof, Do humbly Report that the Annual Meeting held
at Douglas in March last, & the Proceedings therein, as well as of all
other Meetings held there since that time, be declared void & of none

' The Thanksgiving was appointed for August 24, 1749, and was public.

[2d Sess.] Province Laws {Resolves, etc.). — 1749-50. 289

Effect ; And that all proceeding Meetings be deemed good & valid ; 40. House
And in order that they may proceed regularly, for the future; The y^.lVus.
Committee further humbly propose that M"" Samuel Davis of Oxford, ^««e, p.277,
Cpt. Robert Taft of Mendon, & Cpt. John Farnham of Uxbridge be ^ ^^'
desired & impowered, at the Charge of said District, (on Oath) to
take a List, or Valuation of the rateable Estate, both real & personal,
belonging to the Inhabitants of Douglas; agreable to Law; that so
the qualified Voters may be known; & lodge the same with Robert
Goddard Esq'' a Justice of the Peace for the County of Worcester;
And that lie be impowered, thereon to issue forth a Warrant, directed
to a Constable of Douglas for the Year 1748, requiring the qualified
Voters there to assemble & meet at some suitable Time & Place, to
elect & chuse all ordinary Town Officers; to stand until the Annual
Meeting in March next; And that he preside & act as Moderator in
said Meeting. All which is humbly submitted.

Per Order of the Comm'^'^ John Chandler

Read &

Ordered that this Report be Accepted, \^Passed August 5.

CHAPTER 70.

VOTE GRANTING TO GYLES ALEXANDER LICENCE TO SELL STRONG

DRINK.

A Petition of Gyles Alexander of Wilmington, shewing that Legislative
there being no Retailer of Spirituous Liquors in said Town, he is council, xix.,
desired by the Inhabitants to un[der]take the said Business, There- ArcWvlfs^'
fore Praying that the Court of General Sessions of the Peace for cxix., 426'.
the County of Middlesex may be impowered to grant the Petition' Mass.
a Licence accordingly. cxix., 425.

[Read &]

Voted that the prayer of the Pett" be granted & the S"* Court are
hereby Impowered If they See Cause to grant Such Licence accord-
ingly.' [Passed August 7.

CHAPTER 71.

VOTE IMPOWERING ESTHER ATOMAN, INDIAN, TO SELL LAND.

A Petition of Esther Atoman of Harwich Indian, Praying for Legislative
Liberty to sell a small Piece of Land, consisting of about four councff, xix.^^
Acres, which first belonged to her Husband, & then to her Son ^^ ^j^iass.
(both now Dec*^) for the Maintenance of a poor impotent Daughter, xxxi..

Voted that the Prayer of the Pett"^ be grated ' & that the Pett' ^i^^.
Hester Atomom have Liberty with the Assistance of the Guardians xxxi!^638-64o.
to the Indians to make sale of the Lands within Mentioned for the Legieiative
most they will fetch, the Proceeds to be applied for the Support councif, xviii.,
of the Petioner & Her S*^ Daughter from Time to Time by the f^oumai" p. 63.
S"^ Guardians Who shall be accountable to this Court. [Passed
August 8.

1 Not found in the House Journal.

2 Sic.

290

Province Laws {Resolves, etc.) . — 1749-50/ [Chaps. 72-74.]

CHAPTER 72.

Legislative
Records of the
Council, xix.,
45. Mass.
Archives,
xviii., 600.

House Jour-
nal, p. 64.
Ante, p. 280,
chap. 48.

ORDER REFERRING THE PETITION OF JOHN & SAR. LIDDEL, EXEC-
UTRIX, FOR A NEW TRIAL.

On the Petition of John & Sarah Liddel, {^aute, p. 251, chap.
310]

Ordered that the above Hearing be further refer'd to the first
Tuesday of the next Sitting of this Court. \^Passed August 8.

CHAPTER 73.

ORDER ALLOWING £75 TO THE SECRETARY FOR A CLERK.

Legislative
Records of the
Council, xix.,
45. Mass.
Archives,
xlix., 260.

House Jour-
nal, pp. 64, 65.
Ante, p. 169,
chap. 71.

A Memorial of Josiah Willard Esq'' Secretary of this Province,
setting forth that the time, to which the Allowance to him, for pro-
viding Assistance in his Office, did extend, expired the 12*'' of June
last ; & Praying that an Allowance may be made for that Service
for the Currant Year.

Read And

Ordered That The Sum of Seventy five pounds be allowed and
paid to The Hon'^'''' Josiah Willard Esq'' Secretary of this Province
to enable him to procure assistance for the Currunt year In his S*^
office of Secretary. \^Passed August 9.

CHAPTER 74.

Legislative
Records of the
Council, xix.,
45. Mass.
Archives, xlii.,
845.

Mass.

Archives, xlii.,
843-845. House
Journal, p. 66.
Ante, p. 237,
chap. 272,

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
MARY WOLCOT, ADMF, & JN" DODGE FOR A NEW TRIAL.

A Petition of Mary Wolcot Administ^ de Bonis Non of John
Wolcot late of Salem Esq'' Dec'' & John Dodge of Wenham, shew-
ing that whereas this Court were pleased to grant them a Trial
of a Cause between them & Nathan Bowen of Marblehead, that
at the time of the said intended Trial, their Papers, being left in
their Attorneys Chamber, in his Absence, the Door being unlock'd,
a principal Paper in the Cause was taken away; so that the Peti-
tion""' were obliged to become Non Suit; And therefore Praying to
be allowed an other Trial, & that all Proceedings in the Law in
relation to their Affair may be stayed in the mean time

Read and

Order'' d That the Petitioner Serve the adverse Party with a Copy
of this Petition that he may Shew Cause, if any he hath, on the
first Thursday of the next Sitting of this Court, why tlie Prayer
thereof Should not be granted ; and Execution withinmention'd is
Staid in the mean time. S^Passed August 9.

[2d Sess.] Province Laws (Hesolves, etc.). — 1749-50. 291

CHAPTER 75.

VOTE FOR REDUCING THE EASTERN FORCES.

Voted That whereas the Establishment for the Forces in the East- if^'^Jf^^^f ^y,
ern Frontier (including Forts & Block Houses) for the Number of council, xix.,
189 men expired the first Day of July last yet Notwithstanding y* ArcMves*'
there be pay & subsistance allowed to s** Forces from the s** first ixxui., 536.
Day of July to the 20* current & after that there be pay & Sub- House Jour-
sistance for 70 Men only in said Eastern Frontier, including Offi- Swiefp.W,
cers to the tenth of October next and that his Excellency be desired '^^"i*- ^•
to give Order that the said 70 Men be posted in the following Order
(and that the rest may be dismissed) Viz : Att the Truck House on
S* Georges Eiver 20 Men. Att y*^ Block House there 10 Men Att Pem-
equid 10 Men. Att Richmond 14 Men Att Fort George 6 Men. Att
Saco Block-House 10 Men. [Passed Aiigust 10.

CHAPTER 76.

ORDER GRANTING TO MARY PERKINS LICENCE TO KEEP A TAVERN.

A Petition of Mary Perkins of Glocester, shewing that the House Legislative
wherein she dwells, being near the Harbour, is commodiously situated councif *xix!^
for a Tavern, & that she is urged by a great Number of the Inhabi- ^e. Mass.
tants there to engage in that Business And therefore Praying that ive. ^ ^' '"^ ''
this Court would impower the Court of General Sessions of the Peace Mass.
to grant her a Licence : ^^'JcMyes cxi.,

^ , 174, 17o. House

Kead & Journal, pp. 65,

Ordered That the prayer of the petition be so far granted as that
the Justices of the General Sessions of the Peace for the County of
Essex be & hereby are impowered at their next Session, (if they see
Cause) to grant the Pef a Licence to keep a Tavern accordingly;
The Time for granting of Licencies being elapsed Notwithstanding,
[Passed August 10.

66.

CHAPTER 77.

ORDER IMPOWERING NATH'- BALL, ADMINISTRATOR, TO SELL AN
ESTATE AND EXECUTE A DEED THEREFOR.

A Petition of Nathaniel Ball Adminisf with the Will annexed, ^|f ^^d"Jf th
of his Father Nathan' Ball late of Concord Dec'' shewing that his council, xix.,
Father having made his Will, thro the Neglect of the Scribe, no ArcWve^'
Executor was named therein, that in the said Will he had ordered xviii.,46i.
the selling of a Piece of Land at Acton ; but forasmuch as the Peti- Mass.
tion^ is advised that he can not give a good Deed for the Conveyance xvm., 46o.
thereof, without the Authority of this Court; therefore Praying that ^""p^gs!"^'
he mav be impowered to execute a Deed of the s"* Land. Province

T-v % 0 ^ Laws, 11., 151,

Kead, Is, chap. lo.

Order''d that the Prayer of this Petition be granted And that

the Petitioner in his said Capacity be and he is hereby impower'd
to make Sale of the Premises (to the best advantage that may be),

292

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 78-80.]

The Petitioner first giving Publick Notick ' of the intended Sale as
the act of the Sixth Year of King George the first (respecting the
Sale of Lauds by Executors »& Admiuisf') doth direct: The Pro-
ceeds of such Sale to be applyed for Payment of the sd Deceas'ds
just Debts & Funeral Charges and otherwise agreable to the last
Will of S'' Deced and to be accountable to the Judge of Probate
for the County of middlesex for his Proceedings therein. \^Passed
August 10.

CHAPTEE 78.

ORDER ALLOWING THE ^/c OF THE TREASURER OF SUFFOLK CO.

Legislative
Records of the
Council, xix.,
47.

House Jour-
nal, pp. 9, 66.

An Accompt presented by Edward Winslow Esq' Treasurer of
the County of Suffolk for the Year 1748, Having been laid before
the Court of General Sessions of the Peace for the said County &
by them Allowed;

Read &

Voted that the Accompt be Allowed ; & the Ballance, being One
hundred & nineteen Pounds seven shillings & eleven pence three
farthings, the said Treasurer is further to be accountable to said
County for. \^Passed August 10.

CHAPTER 79.

ORDER ALLOWING £3. 1. 10 AND A GUN TO JN^ HENRY.

Legislative
Records of the
Council, xix.,
47. Mass.
Archives,
Ixxiii., 431.

Mass.
Archives,
Ixxiii., 430.
House Jour-
nal, pp. 5», 68.

A Petition of John Henry, shewing that he was taken Prisoner
by the Indian Enemy while he was in the Service of the Province ;
And therefore Praying that he may be allowed for a Gun then lost,
& his Wages for the Time of his Captivity

Read &

Ordered that the Prayer of the Petition be so far granted as that
there be allowed & paid out of the publick Treasury to the Said John
Henry the Sum of three pounds one Shilling & ten pence, and that
y® Coinissary General be directed to deliver to the Petitioner a Gun
out of the publick Store, for the Loss of Time and his Gun within
mentioned. \^Passed August 10.

CHAPTER 80.

ORDER ALLOWING £11. 9 TO ANNA PRAT.

Legislative
Records of the
Council, xix.,
48. Mass.
Archives,
Ixxiii., 515.

Mass.
Archives,
Ixxiii., 515.
House .Jour-
nal, pp. 58, 68.

A Petition of Anna Prat, Praying that she may be allowed Wages
for her Sou Amos Pratts Service as a Soldier, who was taken by the
Indian Enemy, at tJie Age of Nineteen years & died in Captivity.

Read &

Ordered that the prayer of the Petition be granted, And that
there be allowed & paid out of the publick Treasury the Sum of
Eleven pounds & Nine Shillings to the Petitioner in full for y*

Wages of her Son as above mentioned.

1 Sic.

[Passed August 10.

[2d Sess.] Province Laws {Resolves, etc.). — 1749-50. 293

CHAPTER 81.

ORDER ALLOWING £8. 18. 1 TO JOS. PRIEST.

A Petition of William Lawrence Esq"" in behalf of Joseph Priest ^egisiative
of Groton, Praying that he may be allowed, for the Services & Suf- councu.xix.,
ferings of his Son, who was a Soldier in the Frontiers, & taken Pris- ArcMv^es*,'
oner by the Indian Enemy, & died at Louisbonrgh in his Return Home, ixxiii., 525.

Read & House Jour;.

Ordered that there be allowed and and ' paid out of the publick
Treasury to the Petitioner for the L^se of the Said Joseph Priest
the Sum of Eight pounds Eighteen Shillings & a penny in Consid-
eration of the Loss of his Said Sons time & Sufferings above men-
tioned. The Said Joseph to be accountable to the Judge of Prob*^
for the County of Middlesex in Case any Debts do now or may here-
after appear due from the Said Eleazer. \^Passed August 10.

nal,pp.60,68.

CHAPTER 82.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
JOHN OULTON, ESQ", FOR A NEW TRIAL.

A Petition of John Oulton Esq"" shewing that, during his Absence Legislative
on the publick Service, in the Eastern Parts, one William Knox pros- councif.xix!',*

ecuted an Action against him, at the Inferior Court for the County !!:■

of Suffolk, & recovered Judgment against him by Default for £120. m-iss;
14. 4 & Cost; All which was done without the Knowledge of the Peti- 866-874. iiouse
tioner; Therefore Praying that he may have a Trial of the said Cause Journal, pp. 68,
by a Jury at the next Inferior Court for y® County of Suffolk, & that
Execution be stayed in the mean time

Read &

Ordered that the Petition'^ serve William Knox, or his Attorney
with a Copy of this Petition, that he shew Cause, (if any he hath)
on the first Tuesday of the next Sitting of this Court, why the Prayer
of the Petition should not be granted ; & that Execution be stayed
in the mean time, Provided the Petitioner give Bond with sufficient
Sureties to the Sheriff of the County of Suffolk to pay such sum
as shall finally be recovered of him, with Interest therefor unto the
time Judgment be made up, in case he be admitted to a new Trial.
\^Passed August 11. "^

CTTAT>TTrT? QQ Legislative

xliA.±^lJCjl\ OO. Records of the

Council, xix.,

48. Mass.
VOTE WITH STAY OF ALL PROCEEDINGS REFERRING THE PETITION OF Archives, xlii.,
JAMES ALLEN, ESQ«, FOR REVIEW OF A JUDGMENT. ^^

Legislative

On THE Petition of James Allen Esq'' \ante, p. 132, chap. 337] council! xvm*,
Voted that this Pett" be revived & refered to the next sitting of l^^^^^n^rp-V
this Court & all proceedings In Law & Execut°'' are stayed in the ^nie.p.m,
mean Time. \^Passed August 11. ^ *^'

' .Sic.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is August 10.

29J: Province Laws {^Resolves, etc.^. — 1749-50. [Chap. 84.]

CHAPTER 84.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO
BUILDING A MEETING HOUSE AT NATICK.

^egieiative^^ A PETITION of David Morse & Others Inhabitants of Natick,
Council, xix., shewing that there is a Vote of the Major Part of the Inhabi-
Archives^xu., tants of the said District for building the Meeting House in some

^ distant Place from the Place where the old Meeting House stood;

Mass. which is the Place determined upon by a Committee of this Court

684!' LegiBUa-'' as most Suitable for the Accommodation of the Indian Natives of
th^^councii^ *^* ^^^® ^^^^ District And therefore Praying that the Petition" may be
xyiii., 285,290; exBuipt from paying to the Charge of any other Meeting-house, or
House Jour*^' ^OY the support of any Minister besides their own.
nai, pp. 'TO, 71. The Committee appointed to consider the Petition of Timothy
Bacon & others a Committee of the English Inhabitants of the
Parish of Natick; as also the Petition of David Morse & sundry
Inhabitants of said Parish, Having heard the several Parties with
their Pleas & Allegations, & examined a Plan, taken by Order of
said Parish ; In which is described the Place & Situation of both Eng-
lish & Indians; Having also taken into Consideration the Answer of
the Commission''* from the Hon*^'^ Corporation for propagating the
Gospel among the Indians in New England: On the whole. We re-
port it as our Opinion, That inasmuch as it appears to be against
the general Mind of the Indians, the first Proprietors of Natick; &
in Opposition to the Commissioners, who settled, & for more than
twenty six years past have almost wholly maintained a learned ortho-
dox Minister among said People with very little Assistance from the
English Inhabitants, That therefore the Vote of the English Inhabi-
tants of Natick for removing the Meeting house (now presented for
Confirmation) be not allowed by this Court. But forasmuch as it
appears to the Committee, that the English Inhabitants of Natick
would be better accomodated, & the Indians not greatly incomoded
were the Meeting house now erected (chiefly at the Charge of the
Commission" aforesaid, for the benefit of the Indians,) at the old
Place, removed nearer to the Center of the Parish : The Committee
are therefore of Opinion that this Court do affix a Place, for setting
the new Meeting house, near the Place where William Thomas lives;
but that it be left to the Parish, at a Meeting, to be called for that
purpose, to agree upon & ascertain the particular Spot, so as that it
doth not exceed forty rods to the W^estward of said William Thomas's
House ; & that upon the parishes agreeing upon the same, & taking
the Rev*^ M' Peabody (the Indian Pastor,) to be tlie Parish Minister,
& signifying the same to this Court on or before the tenth day of
Decern"" next; that then the Meeting house, now raised, be taken
down, & removed to such particular Spot as the Parish shall agree
on as aforesaid; The Charge of removing & building said Meeting
house to be proportioned upon the English & Indians, in' manner
as this Court shall then direct: And that in Order to support &
maintain the Gospel Ministry for the future, in said Parish, at least
so long as the Rev'' M' Peabody continues to be the Minister; the
several English Inhabitants be assessed so much & no more for their
Polls & Estates, as such Estates & Polls would pay annually to the
Ministerial Tax, in the Town of Needham, were they Inhabitants
& had such Estate in said Town : Provided also that in said Meeting

[2d Sess.] Province Laws {Resolves, etc.). — 1749-50. 295

house, to be placed, as afore said, suitable Room & Accomodation
be made & at all times reserved for the Use of the Indian Inhabi-
tants. The Committee are further of Opinion that in case the Parish,
at their Meeting, should not comply with what is herein proposed;
that yet the Meeting house be removed to some convenient Place in
or near said William Thomas's; & that then, such of the English
Inhabitants, as shall subscribe towards building said Meeting house,
within twelve months, & give in their Names to this Court, shall be
entirely freed from paying any thing towards the building a Meeting
House, & Supj)ort of the Gospel any where else in said Natick, or
be obliged by any Votes that the Parish may make referring to the
same. All which is submitted.

In the Name of the Comm*''^ Benj"" Lynde.

Ordered that the aforegoing report in the Several parts there of
be Accepted, & that the Place for erecting & finally Setling the
meeting house in Natick be near W'" Thomas his house according
as is proposed in the afores'^ Report. \_Passed August 11.

CHAPTER 85.

VOTE ALLOWING £3. L5. 11 TO JOHN ADAMS.

It appearing to tlie House from an Attestation of Will™ Foy Legislative
Esqr Treasurer that there is due to Michael Adams a Soldier on counc'if. xU^^
Capt° Cargyle Muster Roll, tlie sum of £3. 15. 10. sf- m^sb.

Voted that his Father John Adams be allowed out of the pub- ixxiii., 537.
lick Treasury the sum of three Pounds fifteen Shillings and eleven House Jour-
Pence. He being accountable to the Adm"" of the s*^ Michael, nai, p. 59.
\^Passed Aug^^st 11.

CHAPTEE 86.

VOTE ALLOWING £42. 14 BOUNTY TO CPT. HUMP. HOBBS FOR SOLDIERS.

A Memorial of Cpt. Humphrey Ilobbs, shewing that twenty Legislative
eight of his Men which he enlisted under the Encouragem*^ of Five counc'if, xLx.^^
Pounds per Annum Bounty, have been kept on the Service four or ^o. Mass.
five Months beyond the Year; Therefore Praying that the Bounty ixxiii., 517.
may be allowed them accordingly : Mass.

Voted that the said 28 Men are entitled to that Proportion of the ^^xml^s^.
£5 ^ Annum bounty being 30* & 6*^ ^ Man. viz : £42. 14 Bills ^^°,"^®''^g°5"^g
of the last Emission & that the same be accordingly paid out of tlie ^nu^v- 143, '
publick Treasury to s*^ Capt" Hobbs for the the ' Use s^ Soldiers, '^^'^p- ^^
[Passed August 11.

1 Sic.

296

Province Laws {Resolves, etc.) . — 1749-50. [Chaps. 87-89.]

CHAPTEE 87.

ORDER REFERRING THE CHEQUABEE PETITION TO BE MADE A SEPA-
RATE PRECINCT.

Legislative
Records of the
Council, xix.,
13. Mass.
Archives, xii.,
667.

Mass.

Archives, xii.,
665-667,671-678.
Legislative
Records of the
Council, xix.,
50. House
Journal, pp. 23,
70.

A Petition of Thomas Chapiii, & others Inhabitants of a Place
called Chequabee in the Town of Springfield, setting forth the great
Difficulties they are under in attending the publick Worship of God
there ; & Praying that they may be set off a separate Precinct by Metes
& Bounds particularly mentioned in y® Petition.

Eead and

Ordered that the Consideration of this petition and the x\nswer
thereto be referr'd to the Second Thursday of the next Sitting of
this Court.* [^Passed August 11.

CHAPTEK 88

VOTE DESIRING THE GOVERNOR TO GIVE ORDERS FOR A GUARD TO
THE C0MMISSK8 OF THE INDIAN TREATY.

Legislative
Records of the
Council, xix.,
51. Mass.
Archives,
cviii., 337.

Legislative
Records of the
Council, xix.,
49. House
Journal, p. 72.

In the House of Eepres^"^

This House having taken into Consideration the Message of His
Excellency the Governour of yesterday,

• Voted That His Excellency be desired to give His Orders to the
Commanding Officer of the Regiment of Militia in the Eastern part
of the County of York, that he detach Fifty Men belonging to the
Foot Companys of the Town of Falmouth, to be put under the Com-
mand of a proper Officer, And that they Attend the Commissioners
appointed at tlie proposed Interview with the Indians the 27"' of
September next.

And that there be Allowed pay and Subsistance to the Said Sol-
diers for the time they Shall be upon Duty, as this Court Shall
Order.

In Council Eead and Concurr'd. \^Passed August 12.

CHAPTER 89

ORDER ALLOWING £14 TO ISAAC JAMES.

Legislative
Records of the
Council, xix.,
51. Mass.
Archives,
lxxxvii.,.54.

House Jour-
nal, p. 66.

A Petition of Israel^ James of Harwich, shewing that his House
being burnt down the 7"' day of May last, he lost therein Fourteen
Pounds in Bills of this Province of the old Tenor, Praying he may
be reimbursed that sum out of the Treasury:

Eead & granted the Prayer of the Pett" &

Ordered that the Treasurer be directed to Deliver out of the pub-
lick Treasury the sum of three Pounds ten shillings to M' Edward
Bangs for the Use of the Petf In Leiu of that Sum burnt as afores'^.
{^Passed August 12.

* At the hearing January 23, 1749, this petition was dismissed.
' Mass. Archives, Ixxxvii., 54, reads, "Isaac."

•House Journal, p. 180.

[2d Sess.] Province Laws {Resolves, etc.). — 1749-50. 297

CHAPTER 90.

VOTE IMPOWERING THOMAS PAIN, ADM^ TO FILE A COMPLAINT.

A Petition of Thomas Pain, shewing that he has lost the benefit Legislative
of an Order, pass'd by this Court in January last, impowering him couucu, x^ix'!',®
to file his Complaint against Tliomas White of Weymouth, at the ^- J^^'"*^^-
Superior Court, for the County of Suffolk (for not prosecuting his xviii.^^b'.
Appeal against the Petitioner) by means of a Misrecital of the Date Mass.
of the Bond sued out, And therefore Praying that he may be enabled xvm.^Teli.
to prosecute his Complaint at the next Court. House Jom-^

Voted ihoX the Prayer of the Pett° be granted and that the s*^ ^g, if?' Ante,'
Thomas Pain Adm"" de bonis non be & hereby is impowered to file "^m^^' ^^^^'
his Complaint att the superiour Court of Judicature now held att
Boston this 15"' Instant for the Affirmation of s'^ Judgment to the
s** Thomas as Adm"" afores*^ with additional Interest & Cost

And the Justices of s'' Court be & hereby are impowered to render
Judgment for him thereupon & to award Execution accordingly.
\^Passed August 15.

CHAPTER 91.

ORDER IMPOWERING EDMUND TROWBRIDGE ESQ", ADMINISTRATOR, TO

SELL AN ESTATE.

A Petition of Edmund Trowbridge Esq'' Adminisf of the Estate Legislative
of Stephen Fessenden late of Worcester in the County of Worcester coundf xLv**^
Dec'' shewing that the said Estate which consists principally of a 53. Mass.
House & Land in Worcester is represented Insolvent; And for as xviiL^^o^g.
much as there is now an Opportunity of selling the said real Estate MasI '

to Advantage which may be lost by delaying the Sale of it till the ^^fi|^'^4^^|'
Sitting of the Superior Court in said County, Therefore Praying kouse Joiir-
this Court would impower the Petitioner to sell it. ProVmce

Read and Law8,ii.,i.5i,

Ordered that the Prayer of the Petition be granted and the Peti-
tioner is impowered to make Sale of the Peal Estate withinmen-
tioned and execute, in due form of Law, a Deed for the conveyance
thereof to Such Person as Shall give most for the Same : and that,
in the Sale of the Premises, the Petitioner observe the directions
of the Province Law relating to Executors or Administrators Sale
of Real Estate; and account with the Judge of Probate for the
County of Worcester for the Proceeds thereof. [Passed August IS.

CHAPTER 92.

VOTE REFERRING WITH STAY OF EXECUTIONS THE PETITION OF THE
INHABITANTS OF WRENTHAM IN REGARD TO COUNTY TAX.

A Petition of the Select men of the Town of Wenthram, shew- Legislative
ing that, notwithstanding a great Part of the said Town is, by the councff x\x^^
Determination of the Court of Commissioners, set off to the Gov- 53. Mass.
ernm* of Rhode Island, the Treasurer of the County of Suffolk de- 517? '^*'"' *^^^''

.298

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 93-96.]

House Jour-
nal, p. 58.

mauds of the said Town the full Tax for the Couuty, as wheu the
whole Towu was reputed to be in this Province; & the Inhabitants
of the Part taken off absolutely refuse to pay any thing towards it,
Praying that this Court would give Order for the Kelief of said Town.
Voted that the Consideration of this Pett" be referred till there
is a new Valuation taken through the Province and all Executions
be stayed in the mean Time. \^Passed August 15.

CHAPTER 93

VOTE ALLOWING £12. 10 TO EZEK. WELLS.

Legislative
Records of the
Council, xix.,
54. Mass.
Archives,
Ixxiii., 436.

Mass.
Archives,
Ixxiii., 435.
House Jour-
nal, pp. 66, 73.

A Petition of Ezekiel Wells, shewing that, in an Engagem* with
the Indians, he received grievous Wounds, which have rendered him
a Cripple, unable to labour for his Support, Praying for an Allow-
ance from this Court.

Voted that there be allowed & paid out of y^ publick Treasury to
Timothy Dwight Esqr for the Use of the Petf the sum of £12. 10 in
Consideration of his sufferings & further Kelief. [Passed Aiigust 15.

CHAPTER 94.

VOTE APPOINTING COMMISSIONERS FOR THE REDEMPTION OF CAPTIVES

IN CANADA.

The Council & House of Represent"^^^ having agreed to pro-
ceed to the Choice of Commissioners to go to Canada for the Ee-
demption of the Captives,

The following Persons were chosen for the said Trust, viz
John Chandler Esq''
Joseph Heath Esq''

Legislative
Records of the
Council, xix.,
54. Mass.
Archives,
Ixxiii., 541.

Legislative
Records of the
Council, xix.,

journarpp'72. [Passed Aiogust 16

Legislative
Records of the
Council, xix.,
55. Mass.
Archives, cli.,
426.

Mass.

Archives, cli.,
423. House
Journal, pp. 1'

CHAPTER 95.

ORDER REFERRING THE PETITION OF JAMES LEONARD IN REGARD TO
FRAUDULENT DEALINGS AS TO A MORTGAGE.

On THE Petition of James Leonard, [ante, p. 253, chap. 314]
Ordered that the Consideration of this affair be further referr'd
p*'-2T3,'ciiap"27: to the first Friday ' of the next Sitting of this Court. [Passed
August 16.

CHAPTER 96.

VOTES IN REGARD TO TRADE WITH THE INDIANS.

Legislative
Records of the
Council, xix.,
55. Mass.
Archives,
cxix., 427.

Voted, That upon the Ratification of the Peace with the Several
Tribes of Indians, a Trade be opened and carried on with them at
the Truck-Houses at Richmond and S*^ Georges. That two Truck
Masters be annually chosen and appointed by this Court who Shall

^ The House Journal, p. 77, reads, "Thursday."

[2d Sess.] Province Laws {Resolves, etc.). — 1749-50. 299

be under Oath, and Bonds with Sufficient Sureties, for the faithful naT^^??"^'
Discharge of of ' their Trust. ^n<e, p_.283,

And Whereas there were Rules & Rates Settled by which the *^'^*i'-^'-
Commissary General govern'd himself in carrying on the Trade
with the Indians in time of the last Peace with them, and has
conform'd himself to the Same Rules with respect to the Goods
lately Sent to those Truck Houses, and has given directions to
the Officers there as to the price's of Goods & Furrs accordingly.

Voted That the Said Commissary General, be directed (as Soon
as the Said Ratification of peace Shall be compleated) to continue
the Trade with the Indians in the Same Method he has done, till
the further Order of this Court. And that private Trade with the
Indians be restrained as formerly. [^Passed August 17.

CHAPTER 97.

VOTE GRANTING TO EDMUND PUTNAM LICENCE TO RETAIL STRONG

DRINK.

A Petition of Edmund Putnam of Salem Innholder, shewing Legislative
that there being an other House licenced for an Inn in his Neigh- council xix!l^
bourhood, where he apprehends one is sufficient, he is desirous to ^^- Mass.

ArctiivGs CXI.

lay down his Licence, as an Inn keeper. And therefore Praying that 173

the Court of General Sessions of the Peace for the County of Essex Mass.

may be impowered to grant him a Licence for Retailing strong Drink n2°^House^'''

out of Doors in the House where he now dwells. Joumai, p. 77.

Voted that the Prayer of the Petition be granted & the Justices
of the County of Essex be Impowred att their Sessions the Last
Tuesday of Septemb'' Next att Newberry to grant s"^ Edmund Putt-
man Liberty of Retailing Strong Liquors out of Doars att his house
where he Dwells the time of granting Licence being elaps'd Notwith-
standing. \^Passed August 17.

CHAPTER 98.

VOTE GRANTING TO EPHRAIM JONES LICENCE TO KEEP A TAVERN.

A Petition of Ephraim Jones of Concord in the County of Mid- Rlforljg^of the
dlesex, shewing that thro' a meer Mistake he missed of a Licence to council, xix.,

keep an Inn in said Town, & Praying that the next Court of General ^— ■

Sessions of the Peace for said County may be impowered to grant na°i"p! 76°'^^'
him a Licence.

Read &

Voted that the Prayer of the Petition be granted, and the Justices
of the County of Middlesex be impowered at their Sessions the last
Thursday of August Instant, to grant said Ephraim Jones a Licence
to keep a Tavern, he obtaining Liberty first from the Select Men of
Concord, the time for Granting Licence being elapsed notwithstand-
ing. \^Passed August 17.

1 Sic.

300

Pkovince Laws {Resolves, etc). — 1749-50. [Chaps. 99, 100.]

CHAPTER 99.

Legislative
Records of ttie
Council, xix.,
50. Mass.
Archives,
Ixxiii., 543.

Legislative
Records of the
Council, xix.,
56. House
Journal, p. 69.
Ante, p. 234,
chap. 266;
p. 235, chap.
268.

VOTE FOR PAY AND SUBSISTENCE TO INHABITANTS SERVING AS SOL-
DIERS AT GORHAM TOWN & NEW MARBLEH''.

The Committee, to whom was refer'd tlie Petition [^ante, p. 234,
chap. 266; p. 235, chap. 268] of sundry Inhabitants of New Mai'ble-
head & Gorham Town, as also the Memorial of Cpt. Daniel Hills, have
attended that Affair, heard the Parties, & read the Papers; & are of
Opinion that said Cpt. Hills has not attended the Votes of this Court,
in October last, in settling his Company, last December, but dismiss'd
five more of the Inhabitants, Soldiers, than he ought to have done,
& detained five of the Westw*^ Soldiers in their room. We are also
of Opinion that Daniel Hills Jun'' Son of the said Cpt. Daniel Hills,
ought not to have any Pay or Subsistence, since the fifth of Decern""
last, he not attending his Duty in the service of the Province since
that time; And whereas some of the rest of the Westward Soldiers
had been a long time absent from their Duty, We are of Opinion,
they ought to be allowed Wages lS[ Subsistence, for no longer time,
than they attended in the Service; Excepting twenty days each, to
visit their Families; & that the Men who did the Duty in the room
of the said five Western Men, receive their Pay & Subsistence, during
the time of their Absence. In the Name of the Comm'"

Geo. Leonard

Voted the Pay k subsistance due to the five Inhabitants of Ghor-
ham Town & new Marblehead who did the Duty of five Western Men
while absent from their Duty together with the other Inhabitants
Soldiers born on Capt" Dan" Hills Muster Roll be paid to Capt"
Moses Pierson to be by him equally distributed among the said
Inhabitants Soldiers according to order of this Court. ^Passed
August IS.''

CHAPTER 100.

order impowering eben« wood to bring forward a writ of

review.

Legislative
Records of the
Council, xix.,
43, 56.

Mass.
Archives,
xliii., 323-330.
Legislative
Records of the
Council, xix.,
.52. House
Journal, pp.61,
74, 75.

A Petition of Ebenezer Wood of Middleboro Praying that he
may be impowered, by this Court, to bring his Writ of Review, to
the next Superior Court for the County of Plymouth, of an Action,
determined against him, upon a Rule of Court at the Superior Court
held at Plymouth for said Court in July 1748, The said Action being
between the Petition"" & his Brother Elnathan Wood of Middleboro
aforesaid

[Committee's report] Read & Accepted &

Ordered that the Petitioner be, & he is accordingly allowed to
bring forward his Writ of Review, at the next Superior Court of
Judicature, to be holden at Plymouth, for the County of Plymoutli,
on the second Tuesday of July next; k the Court are impowered to
try the Merits of the Cause in the Petition mentioned; the Report of
the Referrees, Judgment of Court, & Execution consequent there-
upon notwithstanding; & all Proceedings upon the s'' Execution are
hereby superseded. \Passed August 18.'

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is August 17.

[2d Sess.] Province Laws {Resolves, etc.). — 1749-50. 301

CHAPTER 101.

VOTE WITH STAY OF EXECUTION APPOINTING A COMMITTEE ON THE
PETITION OF D« W"*' RAND IN REGARD TO PAYING HIS DRAFTS ON
THE TREASURY.

A Petition of D' William Rand, setting forth that he has not R^^'r|f*%*'th
been paid for his Services as a Surgeon of the Forces at Cape Breton, Council, xix.,
but has a considerable sum due to him on that Account, That as ArcMve^/cv.,

Collector of Taxes he has fallen into Arrears at the Treasury; for ^

which the Treasurer has taken out an Execution against him ; That Mass.

he has several Draughts on the Treasury for Money due to him on 328. House^''

other Accounts; which the Treasurer refuses to pay on any other ^^j'Je^'^pl'ige^*''

way than by setting it off on the Execution; And for as much as chap'. 152.

his Petition respecting his Services at Cape Breton now lies before

the Court, Therefore Praying that the Treasurer may be ordered

to pay the Draughts the Petitioner has upon him.

Voted that M^ Hubbard M^ Allen & M^ Tyng be a Com"<^<^ [to]
sitt in the Recess of the Court & report att the next sitting of this
Court w*^ they think proper for this Court to do thereon & Execu'^
be stayed in the Mean Time.' \^Passed August 18.^

CHAPTER 102.

ORDER ALLOWING £300 TO THE COMISS«» FOR THE REDEMPTION OF
CAPTIVES IN CANADA.

Ordered That M'' Treasurer Foye be and hereby is directed to Legislative
advance and pay out of the publick Treasury to the Hon'''" John councif,xix!!^
Chandler Esq"" and Joseph Heath Esq' or either of them the Sum ^rcMv^es^^'
of Three Hundred pounds to enable them to equip & furnish them- ixxiu., 549.
selves & Attendants with necessarys for their Journey as Commis- House Jour-
sioners on Behalf of this Governm^ to proceed to Canada for the ^ntel^p^m^'
Redemption of Captives &c. The Comiss" to be accountable, the ciiap. 94.
vS^ Sum to be paid out of that Appropriation where there is no
Establishment, [Passed August 18.

CHAPTER 103.

VOTE FOR PUBLISHING NOTICE OF APPOINTMENT OF COMMISSIONERS
FOR THE REDEMPTION OF CAPTIVES IN CANADA.

In as MUCH as Commissioners are appointed by this Court to Legislative
proceed to Canada as soon as may be; Couucif.xix.,^

Voted that the Secretary be directed to insert the same in the ^

publick News Papers, Advising all Persons in this Province, whose ^i^^f,^:^,^^
Friends are in Captivity thereof; that so they may forthwith if ixxiii., 54.
they see Cause transmit to the Secretarys Office, the Names of ^^o|i^eJour.
their Friends, the Places where they were taken, and the Time Ante, p. 298,

' -^ ' chiip. 94.

' At the hearing, January 26, 1749, this petition was dismissed. — Mass. Archives, cv.,

- This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is August 17.

302

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 104, 105.]

when ; And that all French Captives now in the Province, be again
notified, that they, if any such there be, have Liberty to go to
Canada if they desire it. \^Passed August 18.

Legislative
Records of the
Council, xix.,
57. Mass.
Archives,
Ixxiii., 558.

Mass.
Archives,
Ixxiii., 545-547.
Ante, p. 29S,
chap. 94.

CHAPTER 104.

VOTE GIVING ADDITIONAL INSTRUCTIONS TO THE COMMISS^^ pQR THE
REDEMPTION OF CAPTIVES IN CANADA.

Voted that the following be additionall Instructions ' to the
Comissioners Appointed by this Court on their Negotiation to
Canada

Viz* That if upon the Interveiw the said Comissioners may have
with the Goven'' of Canada He shall nott Engage for the peaceable
behaviour of the Indians of that Country towards his Majes'^ Sub-
jects here That then the said Comissioners endeavour by private In-
telligence to the Cananwanga Tribe to Obtain a Treaty with them
by their Delegates on our Borders to be had as Soon as may be

And if the Liberateing any of the Inhabitants of this Province
whether natives or Others Cannot be Obtained (without a Price
paid for their Eedemption) You are to Redeem them att as low
& Moderate Terms as you Can in a Sum not Exceeding three hun-
dred pounds by drawing bills on the province Treasurer or in Such
Other way as you shall find Necessary Butt as Cap' Stevens's Son
was taken in a time of peace itt is not to be supposed, that any
pretence Can be form'd for Detaining him, or Demand made for
his Redemption; But should even that be the Case you must pay
the purchase thereof as Afforesaid.^ [Passed August 19.

CHAPTER 105.

Legislative
Records of the
Council, xix.,
59. Mass.
Archives,
Ixxiii., 5.50.

Ante, p. 298,
chap. 94.
Supra, chap.
104.

VOTE DIRECTING THE PROVINCE TREASURER TO ANSWER DRAFTS OF
THE COMMISSIONERS APPOINTED FOR THE REDEMPTION OF CAP-
TIVES IN CANADA.

Voted That The Treasurer be directed to answer any Draft or
Drafts That may be made on him by the Commissioners or Either
of them appointed by This Court to proceed to Canada for the Ee-
demption of Captives to the Amount of £300 provided They or
Either of them should have Occasion to draw for s*^ Sum for the
purpose afores'' They & Either of Them making such Draft to be
accountable.'' [Passed August 19.

^ For the first instructions see Mass. Archives, Ixxiii., 545.
* Not found in the House Journal.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 303

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON the Twenty third Day of November, A.D.
1749.

CHAPTER 106.

ORDER GRANTING TO NATHi- AMES LICENCE TO KEEP A TAVERN.

A Petition of Nathaniel Ames of Dedham, shewing that he is Legislative
removed into the House which was Lieut. Joshua Fishers, which counclf xix^^
is most commodiously situated for an Inn or Tavern, & has been 64. Mass.
so improved for a great Number of years. Therefore Praying this ise. ^^^^' ^^^'^
Court to impower the Court of General Sessions of the Peace for Maes,
the County of Suffolk to grant him a Licence to keep a Tavern in ^^iss^^ifJ'uVe

said House. Journal, p. 88.

Eead and

Ordered that the Justices of the Gen^ Sessions of the peace for
the County of Suffolk be impowered to grant the Pet" a Licence to
keep a House of publick Entertainment at their Session in Jan-
uary next, (if they See cause) the Pef first obtaining the appro-
bation of the select Men of the Town of Dedham; the time foi
granting Licences being elapsed notwithstanding. \^Passed Novem-
ber 24.

CHAPTER 107.

ORDER IMPOWERING BENJ'^ DAVIS, ADMINISTRATOR, TO SELL AN

ESTATE.

A Petition of Beniamin Davis Adminisf of the Estate of Joseph li^gisiative
Rocket Jun' Dec shewing that the Personal Estate is not sufficient Council, xix.,
to pay the Debts, & that the Lands are almost wholly uncultivated; ArcWves,'
And therefore Praying in behalf of the Widow & Children, Liberty xviii., .'^27.
to sell y'' whole real Estate, that they may have the benefit of it after '^is-^s.
the Debts are paid. xviii., 5-26'.

"Rpnrl nnri House Jour-

i^eau anu ... . nai,pp.9(i,9i.

Ordered that the Pef have liberty in his capacity within men- rroviDce
tioned to make Sale of the real Estate of the Dec'd and to Execute chap. '10.' '
a Good Deed or Deeds for the same to the Person who shall appear
to give most therefor. He Observing the directions of the Law with
respect to the Sale of Intestate Estates And giving suflicieiit caution
to the Judge of Probate for the County of Worcester that the pro-
ceeds of said Sale after the Just Debts and Charges are paid shall
be applyed to the comfort and Subsistance of the Widow and Orphans
agreable to Law. \^Passed November 25.^

' This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is November 24.

304:

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 108, 109.]

CHAPTEE 108.

Legislative
Kecords of the
Couucil, xix.,
66.

Mass.

Arcliives, xlii.,
847. Legisla-
tive Records of
the Couucil,
xix., 64.
House Jour-
nal, pp. 66, 90,
94. ^n<e,p.290,
chap. 74.

ORDER WITH STAY OF PROCEEDINGS ACCEPTING THE REPORT OF THE
COMMITTEE ON THE PETITION OF MARY WOLCOT, ADM^, AND JOHN
DODGE FOR WRIT OF REVIEW.

The Committee appointed to consider the Petition [^cinte, p. 290,
chap. 74] of Mary AVolcot & John Dodge, Having heard the Parties
tliereon, & fully considered the same, Report, That the Prayer of the
Petition be so far granted, as that the Petitioner may be impowered
to bring forward her Writ of Eeview at the Superior Court of Judi-
cature to be held in the County of Essex in June next, on the Judg-
ment obtained by Nathan Bowen upon the Note mention'd in the
Petition, in the same manner as she was enabled to do by an Order
of this Court in April last; And that the Petitioner John Dodge be
likewise enabled at the same time to bring a Writ of Review on the
Judgment obtained upon the Review^ Bond, mentioned in said Peti-
tion; & that said Bond shall be of no other Force or Effect, than if
it had been given to Review the Judgem' upon said Note at the Supe-
rior Court for the County of Essex in June next; And all Proceed-
ings upon both said Mentioned Judgments in the Petition, in the
mean time be stayed : Which is submitted,

By Order of the Comm*®^ Geo. Leonard

Read &

Ordered that this Report be Accepted. {^Passed November 28.

CHAPTER 109

Legislative
Records of the
Council, xix.,
40, 66. Mass.
Archives, xiii.,
29.

Mass.

Archives, xiii.,
18-29. House
Journal, pp. 47,
58, 90, 95.
Ante, p. 226,
chap. 239.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION
OF JN'^ METCALF EZRA POND &c TO BE ANNEXED TO MEDWAY.

A Petition of the Precinct, lately made out of Medway, Hollis-
ton, Bellingham & Wrentham, Praying that Ezra Pond of Wrentham
& the Remainder of his Estate in said Town, with Malachi Bullard
& William Richardson & their Estates may be added to said new Pre-
cinct, & subjected to pay Taxes there, & no where else ; & that the
Precinct may be confirmed accordingly ;

The Committee on the Petition of John Metcalf, Ezra Pond,
Malachi Bullard & William Richardson having attended that Ser-
vice, heard the Parties & maturely considered the same, are hum-
bly of Opinion that the Prayer of the Petition be so far granted,
as that Ezra Pond with his Family & Estate lying contiguous to his
Dwelling House be set off from the second Parish in Wrentham, &
the first Parish in Medway & annexed to the second Parish in Med-
way. The Committee are further of Opinion that if Malachi Bullard
& William Richardson should be set off from the first Parish in Med-
way & annexed to the second Parish in said Town, It would very
much enfeeble the first Parish ; & therefore are of Opinion that the
Petition be dismiss'd : Which is humbly submitted

Sam'' Watts ^ order

Read and

Ordered that this Report be and hereby is accepted and that Ezra '
Pond ; with his Family and Estate, contiguous to his Dwelling House ;
be set off from the Second Parish ' in Wrentham, and the first Parish

* MS. mutilated. Inserted from Legislative Records of the Council, xix., 66.

[3d Sess.] Province Laws (Resolves, etc.). — 1749-50. 305

in Medway and be annexed to the Second Parish in Medway And that
the Petition So far as it respects Malachi Bulhird ' and William Rich-
ardson, be dismis'd accordingly, [Passed November '28.

CHAPTER 110.

ORDER ALLOWING £8. 2. 6 TO NATH'- WEBB.

A Petition of Nathaniel Webb of Sonthboro, shewing that he Legislative
was a Soldier in the Western Frontiers in the Year 1746 & 1747, ?^';?,':'!f^f *^''
that his uages were, made up m the Muster Roll of Coll. John 66. Mass.
Stoddard Dec'* by a wrong Christian Name; viz, Joel; by which ixxiii.^sli.
means he is kept out of his Wages, Praying for an Order of this Mass.
Court for receiving them. ^J^^^X'^h^

Read and House Jour-

Ordered that the Treasurer be directed to pay to Cap' Tim° Brig- ^^ '^^' '
ham for the Use of the Pef Eight pounds two Shillings and Six
pence The Sum made up in the Musterroll to Joel Webb (within
mentioned thro the Mistake of the Scribe) notwithstanding. \Passed

November 28.

CHAPTER 111.

ORDER IMPOWERING RICHi* ELVING AND ABIGAIL HIS WIFE, ADMIN-
ISTRATRIX, TO SELL LAND.

A Petition of Richard Elving of Scarboro & Abigail his Wife, Legislative
Administ^ of the Estate of her late Husband Samuel Willard Dec*^ coSDc'if.,*'xLx'!®
shewing that he died seized of a tentli Part of a Proprietors Share 68. Mass.
in the Town of Rutland, & the same lying in several Parcels, renders xvfih^sso.
the Land of little Advantage to the Heirs of the Dec'' And therefore Mass.
Praying that the said Lands may be sold & the Proceeds invested in ^^fil'%^29'
some other Real Estate that may be more beneficial to the Heirs. House Joiir-

■D^.,/1 Q^ nal, p. 95.

ixeaci, Ot Province

OrrferWthat the Prayer of this Petition be granted; and that the ^ifaT'io' ^^^'
Petitioners be and they are hereby authoriz'd (with the advice &
assistance of Joseph Welder Escf) to make sale of the several Parcels
of Land in sd Petition mention'd, for the most that may be ; Pub-
lick Notice of such Sale having been previously given in manner as
the Law respecting the Sale of Land by Executors & administ" doth
direct :

Provided, the Petitioners give sufficient Caution to the Judge of
Probate for the County of York that the Proceeds of such

Sale be vested in other real Estate for the best advantage of the
Heirs of the Deceas'd within mentioned. [Passed November 28.^

^ MS. mutilated. Inserted from Legislative Records of the Council, xx., 66.
^ This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is November 30.

306

'Province hA^ws [Hesolves, etc.). — 1749-50. [Chaps. 112-114.]

CHAPTER 112.

ORDER IMPOWERING SAM^ & HUGH FLOYD, ADMINISTRATORS, TO SELL

REAL ESTATE.

Legislative
Records of the
Council, xix.,
56. JNIass.
Arcliives,
xviii., 457.

Mass.
Arcliives,
xviii., 456.
. Legislative
Records of the
Council, xix.,
67. House
Journal, pp. 65,
67, 96. Prov-
ince Laws, ii.,
151, Chap. 10.

A Petition of Samuel Floyd & Hugh Floyd, surviving Administ"
of the Estate of their Father Benjamin Floyd, late of Medford in the
County of Middlesex Dec'' Praying that they may be impowered to sell
a small Plot of Land in Medford, belonging to the said Estate with
the Buildings thereon for the Payment of the Deceaseds Debts &°

Kead, and

Order''d that this Petition be revived, and that the Prayer

thereof be granted; and it appearing that the Petitioners have (in
pursuance of the aforewritten Order of both Houses) given Publick
Notice of the intended Sale of the House & Land withinmentioned,
and a Day is assigned for that purpose : Therefore further

Order d that the Petitioners be and they are hereby authoriz'd &
impower'd (in their said Capacity) to make sale of the Premises at
the time appointed (to as good Advantage Of the Heirs as may be)
& to execute a good & sufficient Deed or Deeds of Conveyance of
the same : Provided, due Caution be first given to the Judge of Pro-
bate for middlesex, for the Purposes mentioned in the above written
Order. \^Passed November 29.

CHAPTER 113

ORDER IMPOWERING HAN. WILLISTON, ADM^ TO SELL REAL ESTATE.

Legislative
Records of the
Council, xix.,

67. Mass.
Archives,
xviii., 492.

Mass.
Archives,
xviii., 491, 524.
House Jour-
nal, p. 97.

A Petition of Hannah Williston, Relict Widow & Administ'' of
the Estate of Joseph AVillistone late of Springfield Dec'' shewing that
her said Husband died seized of sundry Lots or Tracts of Land in
said Town, which cannot be improved to any great advantage, by
reason of their inconvenient Situation & Circumstances; Praying
the Petitioner may be impowered to exchange some of the said Lots
for other Lands that may be more profitable.

Eead and

Ordered that the prayer of the Pet° be so far granted as that the
Pet' have liberty and power with the advice and assistance of Josiah
D wight Esq'' and M"" John Williston to make sale of the Lotts of land
abovementioned for the most that may be she first giving caution to
the Judge of Probate for tlie County of Hampshire and to invest the
Proceeds in some other Lands for the advantage of the Heirs within
mentioned. {^Passed November 29.

CHAPTER 114.

Legislative
Records of the
Council, xix.,
68.

House Jour-
nal, p. 99.

ORDER IMPOWERING THE

PROVINCE TREASURER TO PAY WAGES DUE
JN" EDDY J".

Ordered that the Treasurer be directed to pay to Cpt. Timothy
Brigham, for the Use of John Eddy, the Wages which are due
upon Muster Roll to John Eddy Jun' Dec''. {^Passed November 30.

[3d Sess.] Province Laws (Besolves, etc.). — 1749-50. 307

CHAPTER 115.

ORDER IMPOWERING ELIS'^ BAILEY TO SELL REAL ESTATE.

A Petition of Elisabeth Bailey ' of York Widow in behalf of Rgfordfof the
her only Child Elisabeth Bailey, shewing that she is, in her Fathers Council, xix.,
Right, interested a fourteenth Part of three small Parcels of undi- ArcMv'es,'
vided Land in Rowley, that the rest of the Owners have sold their xviii., 523.
Part, And therefore Praying for Liberty to sell her Daughters Part. Mass.
ead and xviii., 521.

Ordered that the Pef have liberty in his ^ said capacity to Sell the ^^Tv^as!"^'
land herein mentioned for the most it will fetch She or her Attorney Province
first giving caution to the Judge of Probate for the County of Essex ' chap. '10.'' " '
to Apply the proceeds thereof for the best Advantage of the Minor
within named Observing also tlie directions of the Law relating to
the sale of Intestate Estates by Exec""' Adm'^ &c. \^Passed Novem-
ber SO. .

CHAPTEE 116.

ORDER GRANTING TO BENJ'^ EAGER LICENCE TO KEEP A TAVERN.

A Petition of Benjamin Eager of Shrewsbury in the County of glfor^fof j^e
Worcester shewing that he has purchased, of one Daniel Willard, a Council, xix.,
Farm in said Town, & the Dwellinghouse thereon, which has been ArchYv«fs%xi.,

used for some considerable time as a Tavern, & is commodiously ]^

situated for that Business; And therefore Praying that the Court Mass.
of General Sessions of the Peace for the County of Worcester may 182, i83. "kouse
be impowered to grant him a Licence for a Tavern upon his obtain- Journal, p. 99.
ing the Select mens Approbation

Read and

Ordered that the Justices of the Court [of] * Gen' Sessions of the
Peace for the County of Worcester be and they hereby are Impow-
ered to grant the Pef a Licence in the House within mentioned (if
they see cause) He first Obtaining the approbation of the Select Men
of the Town of Shrewsbury. The time for granting Licences being
elapsed notwithstanding. \^Passed November 30.

CHAPTER 117.

ORDER IMPOWERING ELIS^ BREED, ADMINISTRATRIX, TO SELL REAL

ESTATE.

A Petition of Elisabeth Breed, Relict Widow & Administ-^ of ^|f^^|fa"Jfthe
Nathan' Breed late of Boston, dec" Praying for Liberty to sell a Council, xix.,
small House & Land, belonging to the Deceased, situate in the Archive^s^,'
South Part of s'' Town, for the support & Education of his Children, x^"'-' ^98.

Read and Mass.

ArCD 1 VC8

Ordered that tlie Prayer of the Petition be granted, & the Pef xvUi., 497.

' The House Journal, p. 98, reads, "Joshua Cheever . . . Guardian to Elizabeth Bailey,
a Minor."
' Sic.

^ Legislative Records of the Council, xix., 68, reads, "York."
* Inserted from Legislative Records of the Council, xix., 68.

308

Province Laws (Besolves, etc.). — 1749-50. [Chaps. 118, 119.]

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

in her said Capacity is hereby allowed & impowered to make Sale
of the House & Land within mentioned, & to execute in due form
of Law a Deed for Conveyance thereof to such Person as shall give
most for the same, & that she be allowed the Improvem' of one third
Part of the Produce of the Premises during her Life, and the Res-
idue to be applied & disposed of for the maintenance of the said
Deceased's Children,

Provided the Pet' observe the Directions of the Law pass'd in
the 6*'' Year of his late Majesty King George relating to Executors
& Admin''' Sale of real Estates, & give sufficient Security to the
Judge of Probate for the County of Suffolk that the Principal Sum
allow'd her as afores'^ shall at her Decease be paid back to the right
Heirs of the Deceased, as also faithfully to apply the Residue or
two thirds aforesaid for the Purpose aforesaid and to account there-
for when thereunto lawfully required. [Passed November 30.^

Legislative
Records of the
Council, xix.,
70. Mass.
Archives, xlii.,
933.

House Jour-
nal, pp. 100, 101.
Province
Laws, iii., 64,
chap. 32.

CHAPTER 118.

ORDER FOR ADJOURNING THE COURTS IN BRISTOL & PLYMOUTH

COUNTIES.

Whereas by Law the Court of Gen' Sessions of the Peace & Inf
Court of Common Pleas for the County of Bristol are to be held on
the second Tuesday of December Instant & The Court of Gen' Ses-
sions of the Peace & Inf Court of Common Pleas for the County
of Plymouth are to be held on the Third Tuesday of S'' Decem-
ber & Whereas diverse Members of the Gen' Court are con-
cern'd att the S** Sessions & Courts of Pleas & the Important Affairs
of this Government require their Attendance on this Court

Wherefore

Ordered That the S'' Court of Gen' Sessions of the Peace & Inf
Court of Common Pleas for the s'' County of Bristol be & they are
hereby Adjourned to the 2'' Tuesday of March next ; and that The
S** Courts for the County of Plymouth be and They are hereby ad-
journed to the first Tuesday of March next & all Officers & others
concerned In s" Courts are to Conform themselves accordingly.
[Passed December 1.

CHAPTER 119

Legislative
Records of the
Council, xix.,
70. Mass.
Archives, cxi.,
178.

ORDER GRANTING TO JN" MORSE LICENCE TO KEEP A TAVERN.

A Petition of John Morse of Cambridge, shewing that divers of
the most substantial Men of the said Town, being sensible of the
Want of an other Tavern there, for the Entertainment of Strangers,
are desirous that the Petitioner should undertake the said Business;
'^}^^^: . for which he has the Approbation of the Select men, And there-

Arciiiv68 cxi, xr i: '

177,179. House forc Praying that the Justices of the County of Middlesex may be
Journal, pp. 9/, in-^pQ^ygj-gfi^ .^^ their next General Sessions of the Peace, to grant

him a Licence.

Read and it apj)earing that the Pet^ has obtain'd the approbation

of the Select Men of the Town of Cambridge

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

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 309

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Middlesex at their next Session in said County be
allowed and impowered (if they See cause) to grant the Pef a
Licence to keep a publick House of Entertainment, the time for
granting Licences being elapsed notwithstanding. \^Passed Decem-
ber 1.

CHAPTER 120. Refordf ol the

Council, xix.,
71. Mass.
VOTE FOR PUTTING IN ORDER THE PAPERS ON FILE IN THE SECRE- Archives,

TARYS OFFICE. Ixxxviii., 41-2.

House Jour-

Ordered that the Sec""^' be directed to employ some proper Person province
at the Charge of the Province to put all the papers which were Saved Laws, iii., 384,
from the Flames in the late fire which Consumed the Town House, p^ub, chap*.'
upon File in proper Order, [^Passed December 1. '^'''•

CHAPTER 121.

ORDER FOR ADJOURNING THE COURTS IN MIDDLESEX COUNTY.

Whereas the Court of General Sessions of the Peace & Inferiour Legislative
Court of Common Pleas for the County of middlesex are by Law councif xfx!*^
to be held on the second Tuesday of this instant December, and 'n. Mass. '
divers Persons concern'd in said Courts are members of the Great 934. '' '
& General Court, where the affairs of publick Importance require Hou.se Jour-
their attendance : Therefore Province^'

Ordered that the aforesaid Courts of General Sessions of the Peace Laws, ni., 64,
& Inferiour Court of common Pleas for the County of middlesex be, ^ '^^''
and they are hereby adjourned to the third Tuesday of January
next, and all Persons concern'd therein are to conform themselves
accordingly. [Passed December 2.

CHAPTER 122.

ORDER GRANTING TO BENJ'^ JOHNSON AND JOSEPH PARKER LICENCES
TO KEEP TAVERNS.

A Petition of Benjamin Johnson, for himself & Joseph Parker, Legislative
shewing that they have been Inn holders in the Town of Stoughton counclf xix!^**
for divers years past & were licensed for this present year, that the 73. Mass. '
Petitioner undertook to recognize for himself, & the said Parker, 189. ^^ ' " '
but was taken sick at the time of taking out Licences; & therefore Mass.
Praying that the Court of General Sessions of the Peace for the ^^igg^Vo^se
County of Suffolk may be impowered to renew their Licences at Journal, p. 106.
their next Term.

Read and

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Suffolk at their Session in January next be and they
hereby are Impowered to grant BenJ^ Johnson and Joseph Parker
Licences to keep Houses of publick Entertainment (if they See
cause) the time being elapsed notwithstanding. [Passed Decem-
ber 6.

310

Province Ijaws (Besolves, etc.) . — 1749-50. [Chaps. 123-125.]

CHAPTER 123.

Legislative
Records of the
Council, xix.,
73. Mass.
Archives,
Ixxiii., 598.

Mass.
Archives,
Ixxili., 597.
House Jour-
nal, pp. 98, 106.
Province
Laws, xiii., 465,
chap. 1. Ante,
p. 11, chap. 11.

ORDER ALLOWING £8 AND A GUN TO JOS. FREEMAN, J".

A Petition of Joseph Freeman Jun'' of Harwich setting forth
his Services & Sufferings in the late War, being grievously wounded
by the Enemy, & having lost his Gun in the Service, Praying for
Relief.

Read and

Ordered that the Comm^*^ of War be directed to pay M"" Edward
Bangs RejD''^® of Harwich for the Use of the Pef the Sum of Eight
pounds in consideration of his Sufferings within mentioned. And
that the Commissary Gen' be directed to deliver to the Pef or Order
a good Gun out of the Province Store. [Passed December 6.

Legislative
Records of the
Council, xix.,
73. Mass.
Archives,
Ixxiii., 566

Mass.
Archives,
Ixxiii , .566.
House Jour-
nal, pp. 98, 106.
Province
Laws, xiii., 465,
chap. 1. Ante,
p. 164, chap. 59.

CHAPTEE 124.

ORDER ALLOWING £12. 10 TO MOSES HOYT.

A Petition of Moses Hoyt a Soldier in the late AVar, setting
forth his Services & Sufferings therein And Praying that this Court
would grant him some proper Recompence and Relief.

Read and

Ordered that the Comm^'^ of War be directed to pay to M"" Benj^
Greanleaf Rep^*^ of Newbury for the relief of the Pef twelve pounds
ten Shillings. [Passed December 6.

CHAPTER 125

ORDER IMPOWERING JOHN STOCKWELL, ADMINISTRATOR, TO SELL

REAL ESTATE.

Legislative
Records of the
Council, xix.,

78. Mass.
Archives,
xviii., 494.

Mass.
Archives,
xviii., 493, 495.
Province
Laws, ii., 151,
chap. 10.

A Petition of Joseph Sibley, shewing that his Brother Jonathan
Sibley of Sutton died Intestate, & seized of a considerable Estate in
Lands in said Town, Leaving only one Daughter, that the Widow
took out Administration on the said Estate but died before it was
finished, the Daughter also died; being an Infant; that the real
Estate cannot be conveniently divided among all the Heirs; And
therefore Praying for Licence from this Court to sell the said real
Estate of the said Jonathan Sibley.

Read &

Ordered that the Prayer of this Petition be so far granted as that
John Stockwell Admin'' of the Estate of the Intestate unadministred
by his Widow, be & hereby is impowered to make Sale of the Tract
of Land within menf* & to execute in due form of Law a Deed or
Deeds for the Conveyance thereof to such Person or Persons as shall
give most for the same : Provided the said Administrator observe the
Directions of the Law pass'd in the 6"' Year of his late Majesty King
Geo: the V^ relating to Executors & Admin"'^ Sale of Lands, & give
sufficient Security to the .Judge for Probate of Wills »&c^ in the County
of Worcester, that the Produce of the Premises shall be distributed

[3d Sess.] Province Laws (Resolves, etc.). — 1749-50. 311

among the Heirs of the said Intestate pursuant to Law, & also that
each Person of Age & the Guardians of such as are Minors receiving
any Part of the said Produce shall give Bond to the s'' Judge to pay-
back their Proportion of such Debts of the Intestate which shall
hereafter appear as his personal Estate shall fall short of discharg-
ing.' [Passed December 6.^

CHAPTEK 126.

ORDER ALLOWING £4 TO CPT. JOHN LANE.

A Petition of Opt. John Lane, an OflQcer in the late Expedition Legislative
against Cape Breton shewing that, by reason of Sickness, which he councif.xix!*^
fell into, while in the Service, he is now reduced to a very low & '.■*■ Mass.

• • A.VCillVGS

helpless Estate, & therefore Praying for some Relief from this Court ixxiii., 54.

Read and House Jour-

Ordered that the Treasurer be directed to Pay to Cap* Thomas nai, pp. 103,108.
Bragdon Rep^^ of York for the relief of the Pet" four pounds out
of the publick Treasury. [Passed December 7.

CHAPTER 127.

ORDER ALLOWING 50/ TO JAMES GREENWOOD.

A Petition of James ^ Greenwood of Sherburn, Praying that he Legislative
may be allowed Fifty shillings out of the publick Treasury, for tak- councif, xix*!**
ing the Valuation of the rateable Estate of the Inhabitants of Natick, "4- Mass.

Arcliivcs oil

by Order of this Court, the Inhabitants refusing to pay that Charge, u^. ' '

Read and House Jour.

Ordered that the Pef be allowed the Sum of fifty Shillings out "f^^i^^^^^
of the publick Treasury to be paid to Thomas Greenwood Esq'' for chap! 334.
the abovementioned Service. And that Said Sum be added to the
Tax of said Plantation in the next Tax Act. [Passed December 7.

CHAPTER 128.

ORDER ALLOWING £4 TO JN" SPEAR. Legislative

Records of the

A Petition of John Spear of Woburn, Praying for some Allow- 78. Mass.
ance in Consideration of the Death of his Son at Cape Breton in hixUi.IecK).
the publick Service, & the Loss of a Gun, which was charged to '^i[^^
his Son David Spear by the Commissary. ^^'^^^^id^

Read and House Jour-

Ordered that the Comm'^'^ of War be directed to pay the Pef or prl^^-'ace^' "^•
Ord'' the Sum of four pounds in full consideration for the Gun men- Laws, xiii., 465,

• fill fill 1

tioned and the SufEerings of his said Son. [Passed December 9.*

' Not found in the House Journal.

' This date is according to Mass. Archives; according to Legislative Records of the
Council the date is December 11.

3 The petition is signed " W™ Greenwood;" the House Journal, p. 108, reads, "Wil-
liam."

* This date is according to Mass. Archives and the House Journal ; according to Leg-
islative Records of the Council the date is December 11.

312

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 129-131.]

CHAPTER 129

ORDER ALLOWING £10 AND A GUN TO THO. GOODMAN.

Legislative
Records of the
Council, xix.,
77. Mass.
Archives,
Ixxiii., 592.

Mass.
Archives,
Ixxiii., 591.
House Jour-
nal, pp. 98, 115.

A Petition of Thomas Goodman ' of Hadley, shewing that his
Brother Samuel Goodman, a Soldier at Massachusets Fort was taken
there & carried Captive to Canada, where he died, leaving no Eela-
tions nearer than the Petitioner, Praying an Allowance for his Ser-
vices & Sufferings of the said Samuel, &, for a Gun lost, when he
was taken ;

Eead and

Ordered that the Treasurer be directed to pay the Pef ten pounds
in consideration of the Sufferings of the Dec'd by him to be dis-
tributed among the Heirs of the said Dec'd according to Law.

Ordered also that the Commissary General be directed to deliver
the Pet"^ a good Gun out of the Province Store the value thereof
to be distributed in like manner. [Passed December 11.

CHAPTER 130.

ORDER ALLOWING £2. 1.5. 1 TO STEP. BOYNTON.

Legislative
Records of the
Council, xix.,

77. Mass.
Archives,
Ixxiii., 611.

House Jour-
nal, pp. 112, 115.

A Petition of Stephen Boynton, lately a Soldier in the Eastern
Parts, shewing that he was dismissed by his Officer, without Provi-
sions to carry him Home, & his Wages not carried out in the Muster
Roll the full Time ; Praying that the same may be made good to him
by this Court.

Read and

Ordered that the Treasurer be directed to pay the Pef the Sum
of two pounds fifteen Shillings and One penny in full consideration
for his Wages and Billeting abovementioned. [Passed December 11.

CHAPTER 131.

ORDER accepting THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF Y^' THIRD PARISH IN WOBURN IN REGARD TO TAXES.

Legislative
Records of the
Council, xviii.,
460; xix., 79.
Mass.

Archives, xii.,
615.

Mass.

Archives, xii.,
614. House
Journal, pp. 24,
71, 117, 136.
Province
Laws, xiii., 622,
chap. 88.

A Petition of the Inhabitants of the third Parish in Woburn
setting forth the Difficulties they are under by reason of several
Persons belonging unto them being taxed in the first Parish ; Pray-
ing for Redress from this Court.

The Committee, appointed to take into Consideration the Peti-
tion of the third Parish in Woburn, having heard the Parties, do
humbly report as follows.

That -Joshua Eames, who attends the Ministry of the third Parish,
& is invested with the Property of the Estate, late in the Possession
of his Brother Caleb Eames, who petitioned to be set off to said third
Parish, & that Seth Richardson, Son of Cpt. Ricluirdson belonging
to the Family of his s"^ Father, when tlie third Parish was incorpo-

' The petition is signed "Goodman; " the House Journal, p. 115, reads, " Goodxcin.'^

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 313

rated, & still attending the Ministry there, Major John Fowle, who
bought a Farm belonging to an Episcopalian, when the said third
Parish was set off; which Farm is now possessed by his Son, who
belongs to the third Parish, & the Estate of William Patterson, in
the Improvem*^ of William Stanet k Archibald Gamble, who are
Associates of the third Parish ; That the said Persons & Estates
above mentioned, under their Improvem' be accounted as Part of
the said Parish, there to do Duty & receive Privilege: And for
ending several other Disputes that have arisen. The Committee
further report, as their Opinion; that the several Tenants & those
that have (since the afore said Incorporation of the said third
Parish) become Proprietors of the Estates that were so set off to
the third Parish, shall with their Families pay Taxes for their Polls
& Estates to the first Parish, altho they attend the Ministry of the
respective Parishes where their Estates do not belong: And some of
them signified their Desire to be set to the third Parish.

Which is submitted ; Ezek. Chever per Order

Ordered that the Consideration of this Eeport be revived, & that
the same be & hereby is Accepted. \^Passed December 12.

CHAPTER 132.

ORDER GRANTING TO W*' BECKET, JR, EDWARD BRITTON AND JOHN
PALMER LICENCES TO KEEP TAVERNS.

A Petition of William Becket Jun'' & Edward Breton, both of Legislative
Salem, & John Palmer of Marblehead Inn holders; shewing that councif.xix.]^
by Sickness & other Accidents, they have been prevented from tak- ArcMves^'cxi.
ing out their Licences, at the proper Term; & therefore Praying lao-
that the Court of General Sessions of the Peace for the County
of Essex may be impowered, by this Court, to grant them Licences,
as Inn holders, at their next Term.

It appearing to this Court that William Beckett and Edward
Britton Two Of the within Petitioners have Obtained the Appro-
bation of the S[e]lect men of the Town of Salem to keep Houses
Of Publick Entertainment in said Town therefore

Ordered that the Court of Generall Sessions of the peace Next to
be holden at Salem in & for the County Of Essex on y*^ Last Tues-
day of this Instant December be & they are hereby Impowered to
Grant Each of them a Lycence Lycence ' if they See cause the
time by Law appointed for Granting Lycence being pass'd not-
withstanding & that Said Court be Also Impowered to Allow John
Palmer the other petitioner to Recognize for duely Observing the
Laws & paying his Excise as a Retailer in y*^ Town of Marblehead.*
[^Passed December 12.

I Sic.

" Not found in the House Journal.

Province Ijav^s, (^Resolves, etc.). — 1749-50. [Chaps. 133-135.]

CHAPTER 133.

ORDER ALLOWING A GUN TO SETH BANISTER.

Legislative
Records of the
Council, xix.,
80. Mass.
Archives,
Ixxiii., .574.

House Jour,
nal, p. 116.

A Petition of Seth Banister of Brookfield, Praying for an Allow-
ance ont of the publick Treasury, for a Gun of his which was im-
pressed into the publick Service in the Beginning of the War; for
which he lias not yet been paid,

Eead and

Ordered that the Commissary Gen' be directed to deliver the Pet"^
or Order a Gun out of the Province Store in consideration of that
impressd as above mentioned. \^Passed December 12.

CHAPTER 134.

ORDER ALLOWING £20 AND A GUN TO BENJ* SIMONDS.

Legislative
Records of the
Council, xix.,

80. Mass.
Archives,
Ixxiii., 59.5.

Mass.
Archives,
Ixxiii., 596.
House Jour-
nal, pp. 98, 117.

A Petition of Benjamin Symonds, shewing that he was taken
by the Enemy, at Massachusets Fort, & carried to Canada where
he endured much Hardship; Praying for some Allowance from this
Court, in Consideration thereof, & of y® Loss of his Gun, when he
was taken.

Read and

Ordered that the Treasurer be directed to Pay the Pef the Sum
of twenty pounds in consideration of his Sufferings mentioned. And
that the Commissary Gen' be directed to deliver the Pef a Gun out
of the Province Store. \^Passed December 12.

CHAPTER 135.

Legislative
Records of the
Council, xix.,
80. Mass.
Archives,
xxxi., 644.

Mass.
Archives,
xxxi., 643, 645.
Legislative
Records of the
Council, xviii.,
4:3. House
Journal, p. 198
(.January,
1746); p." 117.
Province
Laws, iii., 306,
chap. 12.

ORDER DIRECTING THE GUARDIANS OF THE GAY HEAD INDIANS TO
RENDER THEIR ACCOUNTS.

A Petition of the Indian Proprietors of Gay Head on Marthas
Vineyard, Complaining of great Injuries & Oppressions, which they
have received from their English Neighbours, & particularly of their
Guardians, appointed by this Court ; & Praying for Redress of their
Grievances

Read and

Ordered that the Guardians of the Indians of Marthas Vineyard
lay an Account of their Transactions before this Court as soon as
may be. And the Consideration of this Petn is refer'd in the mean
time. {^Passed December 12.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 315

CHAPTER 136.

ORDER ALLOWING £3 AND A GUN TO THO. TAYLOUR.

A Petition of Thomas Taylour, Praying for some proper Allow- Legislative
ance for his Sufferings in being captivated by the Enemy, when in councif x'lx^^
the publick Service & for a Gun, belonging to Him, which he then si- Mass.

-1 , ArCIllVGS)

lost. Lxxili.,590.

Read and Mass.

Orilered that the Pef be allowed out of the publick Treasury the 1^x111.7590.
Sum of three pounds in consideration of his Loss of time &c And House Jour-
that the Commissary Gen' be directed to deliver him a good Gun "'"^'P'^- '•
out of the Province Store. {^Passed December IS.

CHAPTER 137.

ORDER ALLOWING £47. 5 AND A FURTHER ALLOWANCE OF £75 TO

ROB^ BALL.

A Petition of Robert Ball Keeper of the Light house, Praying Legislative
for an Advancem*^ of of ' his Salary, which was due the 8^'' of Novem' councff xix*^^
last; & that he may be allowed what he he ' has laid out in providing s^- Mass.
Firewood for keeping the Oyl in y*^ Lamps from Congealing. \-^\y.lui'.

Read and ^^[^_

Ordered that the Treasurer be directed to Pay the Pef the Sum ^iv'^'sfs'
of forty Seven pounds five Shillings expended for fire wood the last House Jour-
Year. And it appearing that the Pef has been faithful and careful ^nie^p/in/^*'
in Securing the Wharffe at the Light House at his own Cost, and ^hap. 212.
is also at considerable Expence for Persons to attend the business
of said House. It is further

Ordered that He be allowed out of the publick Treasury the Sum
of Seventy five pounds for his Services there, from the S'*" of Nov'
1748 to the 8'^ of Nov' 1749. [Passed December 13.

CHAPTER 138.

ORDER ALLOWING A GUN TO EBEN'' NIMS.

A Petition of Ebenezer Nismes "^ of Deerfield, Praying that he Legislative
may be allowed out of the publick Treasury the Value of a Gun, councif x^!^^
which his Son Elisha lost, when he was killed by the Enemy at «2- Mass.
Massachusets Fort. ixxin.Ilsb.

Read and Mass.

Ordered that the Commissary Gen' be directed to deliver the Pef j^xm^ls'i
a good Gun out of the Province Store. \ Passed December 13. House' Jour-

^ ■- nal,pp.ll2,r20.

' Sic.
'^ The petition is signed "Ebenezer Nims." See Mass. Archives, Ixxiii., 582.

316

ProvixXCe Ijawh (Resolves, etc.). — 174i)-50. [Chaps. 139, 140.]

CHAPTER 139

Legislative
Records of the
Council, xix.,
82. Mass.
Archives,
Ixiv., 349.

MasB.
Archives,
Ixiv., 348.
House Jour-
nal, pp, 75, 107,
113.

ORDER ALLOWING £24. 10. 9 TO JOHN DAY.

A Petition of John Day, setting forth his Services at Governors
Island in Watching there, in the time of an Embargo, to prevent
Vessels going out without Licence; Praying for an Allowance from
this Court.

Read &

Ordered that the Pef be allowed the Sum of twenty four pounds
ten Shillings and nine pence in full consideration for his Service
abovementioned. \^Passed December 13.

CHAPTER 140.

Legislative
Records of the
Council, xix.,
83. ■ Mass.
Archives, cii.,
446.

House Jour-
nal, p. 118.
Province
Laws, ill., 432,
chap. 15.

RESOLVE DIRECTING ASSESSMENTS TO BE MADE IN CONFORMITY WITH
THE TREASURERS WARRANTS.

Whereas the Province Treasurer in consequence of the Law of
this Province made and passed by the Great and General Court at
their Session and Sessions begun and held at Boston upon Wednes-
day the 25"' of May 1748 & Continued by Prorogation and adjourn-
ments to Wednesday the 21^* day of December following and then
met, " Entituled an Act for drawing in the Bills of Credit of the
several Denominations which have at any time been Issued by this
Government and are still outstanding and for ascertaining the Rate
of Coined Silver in this Province for the future " Did in June, last
Issue his Warrants directed to the several Selectmen or Assessors
of the several Towns in this Province requiring them to assess the
Poles and Estates of the Inhabitants of the said Towns as he appre-
hended agreeable to the Rules and Directions of the said Act, but
being afterwards sensible of a mistake in the Sum by said Warrants
directed to be Levied upon the Pole did on the first day of August
last under his hand notify most or all of the said Assessors of
the said mistake and tlierein direct that the Sum to be Levied
on each Pole towards the said Tax should be sixteen shillings and
one penny, which Sum was agreeable to the said Act and the true
intent thereof. Therefore

Resolved that the Selectmen or assessors of the several Towns
in this Province who have not made their assessments conformable
to the said direction of the said Treasurer. That they forth-

with make their respective Assessments and that they therein con-
form themselves to the said Warrants and Direction in Explanation
thereof, and all persons are Hereby enjoyn'd to conform themselves
thereto as though the said Warrants had been originally Issued ac-
cording to the true intent of Law. And where such assessments have
been made by any of the Selectmen or assessors of the Towns of
this Province agreeable to the said AVarrants and after directions
in explanation thereof. It is hereby

Ordered that the same be held good and valid. and All

Persons are Injoyn'^ to conform themselves accordingly. \^Passed
December 14.

[oD Sess.] Province 1ja\\% {Besolves, etc.) . — 1749-50. 317

CHAPTER 141.

ORDER ACCEPTING THE REPORT OF COMMITTEE AND CONFIRMING THE
PROCEEDINGS AT A MEETING IN THE TETTICUT PRECINCT.

A Petition of Beniarain Washburn Asrent for the Precinct of Legislative

RrGCOrQS of tjI16

Tetticut m the Towns of Bridgwater & Middleboro', shewing that council, xix.,
at a Meeting of the said Precinct they voted a Tax of £500 Old ArchWeB^^xif.;
Tenor for the Charge of the said Precinct, and the Assessors com- '''^-
mitted the same to the Collector who levied it upon the Inhabi- Mass.
tants, but divers of them refused Payment, and one of them has fsi-TsJ.^VegVs-
commenced an Action against the Collector, and for as much as o"theCoun^i1
there was some Defect in the Form of the Notification; therefore xix., 64.
praying that this Court would confirm the s*^ Tax, notwithstanding nail^pp ''^77^78,
the said Defect, ^o. i^i-

The Comittee to whom the Consideration of the Petition of BenJ*
Washburn was referred haveing Attended that Service and heard the
Parties thereon Report That the prayer of y'^ Pet" be granted ; and
That the proceedings at the Meeting mentioned in the Petition be
held & Deemed good And Valid in the Law: the Defect in the Noti-
fication for Calling Said Meeting Notwithstndg

Which is humbly Submitted. John Greenleaf

Read & Accepted, &

Ordered that the Proceedings of the Meeting mentioned in the
Petition be & they hereby are held & deemed good & valid in the
Law, the Defect in the Notification for calling said Meeting not-
withstanding. [^Passed December 14.

CHAPTER 142.

VOTE FOR A SPECIAL COURT TO TRY THE ALLEGED MURDERERS OF
INDIANS AND DESIRING THE LIEU'' GOVERNOR TO ISSUE A PROC-
LAMATION FOR THE APPREHENSION OF OBIDIAH ALBY JUN. AND
PROVIDING FOR THE CARE AND SUPPORT OF CERTAIN INDIANS.

Voted that His Hon'' the Lieu' Governour be desired with the Legislative
Advice and Consent of the Council to Issue a Precept directed to councff xix"^^
the Justices of the Court of Assize and Gen' Goal Delivery. And 83. Mass.
Order and Appoint them to hold a Special Court as soon as may be xxxi.^els.
at York within the County of York, for the Tryal of sundry Persons Legislative
who are Suspected to be Guilty of Murther in said County. And Records of the

J. n IT • JIT T P 1 P ^ r, • -^T « Council, XIX.,

to Uause Venires to be issued forth for the Summoning Jurors for 79. House
Such Court out of the several Towns as usual for the stated Court pp"ii8,'i2o.
there and to make out all other necessary Processes, and do what Commissions

1 1111 • • , T , , 1 T^ "^ . , 1 ■ 1 and Proclama-

else snali be requisite according to the Powers given them m and tions, 1734-1757,
by the Act for Establishing a Superiour Court of Judicature, Court InceLaws.X
of Assize and General Goal Delivery. The Judges and Officers of ^^fA,^*'*^-/ '
such Special Court to have such allowance for their Attendance and 143.'''*' *^ ^^'
Service as shall be hereafter Ordered by this Court.

Voted also that His Hon'' the Lieu' Gov'' be desired to Issue a
Proclamation for Apprehending and Securing Obadiah Alby Jun""
who is Suppos'd to have been principally concerned in perpetrating
said Murther, and has Absconded.

Also that He give Order that the best care be taken of the Wounded

318

Province Laws {Resolves, etc.). — 1749-50. [Chaps, 143-145.J

Indians. And that a Skilful Surgeon, proper Attendance and other
Necessaries be jjrovided for them. Likewise that the fourteen Indians
mentioned in said Letter as Suffering for want of Provisions be fur-
nished with necessaries for their Relief at the publick Charge not
exceeding three Months. [^Passed December 14.

CHAPTER 143.

VOTE DESIRING THE LIEUT. GOVERNOR TO ORDER A GUARD FOR THE
GOAL IN THE COUNTY OF YORK.

Legislative
Rerords of the
Council, xix.,
85. Mass.
Archives,
xliii., 23.

House Jour-
nal, p. 1-23.
Supra, chap.
142.

Voted that His Hon"" the Commander in Chief be desired to give
Order to the Commanding Officer of the Militia in the Western part
of the County of York. That He Cause Xine able bodyed effec-
tive Men to Guard the Goal in the County of York That the
Prisoners confin'd there on Suspicion of Murtlier may be well Secured
in order for a Tryal. [Passed December 15..

CHAPTER 144.

ORDER IMPOWERING ARTH. & RACK. SAVAGE,

REAL ESTATE.

GUARDIAN, TO SELL

Legislative
Records of the
Council, xix.,
86. Mass.
Archives,
xviii., 541.

Mass.
Archives,
xviii., 53U-542.
House Jour-
nal, pp. 93, 123,
li4. Province
Laws, ii., 151,
chap. 10.

A Petition of Arthur Savage & Eachel his Wife, Guardian of
her Daughter Mary Clough, a 5linor, who is Heir to a considerable
real Estate in the said Town, whereon are divers Buildings, which
are gone much to Decay, so that the Eents are not sufficient to
repair them, & maintain the said Minor; Therefore Praying that
they may be enabled to sell so much of the said Estate, as will be
necessary to put the Remainder into such Repair, as to make it
tenentable.

Read and

Ordered that the Pet" be and they hereby are allowed and impow-
ered to make Sale of so much of the Estate within mentioned as will
put the remaining part into tenantable repair And the Overpluss if
any there be to be applyed to the Maintenance of the Child herein
named. Provided the Pet" first give Seasonable Notice of the Sale
Agreable to the Act directing the Sale of Intestate Estates and give
proper Caution to the Judge of Probate for the County of Suffolk
that the proceeds shall be duely applyed to the purposes Above men-
tioned. [Passed December 16.

CHAPTER 145.

ORDER APPOINTING COMMISS^^ TO RUN THE LINE ON RHODE ISLAND

COLONY.

Legislative jn Council ;

RGCOrQB OI l116

Council, xix.. Ordered that John Chandler Esq"" with such Gentlemen as shall

^-^ be joined by the Hon^'* House of Represent^^^ be the Commis-

Recordfof the sioiiers from this Governm* to meet with Commissioners from the

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 319

Governm*^ of Ehode Island, iu Order to run & renew the Line, council, xix.,
agreed on & settled by both Governm*^ the 19'^ of January 1710, 11. jL'u^nai"*'''^^

Li the House of Represent'"'^ Read & Concur'd; & Joseph Dwight w- 1-^5, ke.
& James Otis Esq""* are joined in the Affair. \ Passed Decembei' 19. Laws, ix., 159,

■- chap. 120.

CHAPTER 146.

ORDER IMPOWERING TIM'' GREEN & JONAS LEONARD, GUARDIANS, TO

SELL LANDS.

A Petition of Timothy Green & Jonas Leonard, Guardians of Legislative
the Children of Hezekiah Barber Dec*^ shewing that the personal couucii.xix.)
Estate of the said Barber is all expended for the Payment of his Arciiive?'
Debts; & Praying for Liberty to sell three Canada Rights, & three xtui., oot.
other Pieces of Land in Stoughton, belonging to the said Estate, Mass.
for putting his other Lands & Tenements into good Repair for the xvUL.^soh'.
Benefit of the Children. ?T?f f.r'''

nai, p. vio.
Read and Province

Ordered that the abovenamed Timothy Green and Jonas Leonard chapSo.' '
in their Capacity be allowed and impowered to make Sale of the three
pieces of Land lying in Stoughton in the County of Suffolk and the
three rights of Land lying in Dorchester Canada (so called) for the
most they will Sell for. They Observing the directions of the Law
relating to the sale of Intestate Estates, They also giving Cau-

tion to the Judge of Probate for the County of Suffolk That they
apply the Proceeds thereof for the purposes in the Pef^ Mentioned.
^Passed December 19.

CHAPTER 147.

ORDER ALLOWING £27. 1. 9 TO CAPT. JN" HARM AN & COMPANY.

A Petition of Cpt. John Harman & the Company under his Legislative
Command in the late Expedition against Cape Breton, Setting councif, xixl^^
forth the Arrears of Provisions due to them; & Praying for an ^- Mass.
Allowance thereof : ixxiii., 593.

Read and Mass. ~

Ordered that the Sum of Twenty Seven pounds one Shilling and ]^x^^|^|g3 .^94
Ninepence be allowed to the Pef and the Company mentioned under House' JouV-
his Command out of the publick Treasury. And the Treasurer is ° '^'^'' '
hereby directed to Pay the Persons born on that Muster roll or their
Order or Legal Representatives the several Sums Justly due to them,
upon their producing a Certificate of their being in the Service as
within mentioned. \^Passed December 19.

820

Province L,av,'s (Besolves, etc.) . — 1749-50. [Chaps. 148-150.]

CHAPTER 148.

ORDER REVIVING THE POWER EXTENDING THE TIME FOR THE IN-
HABITANTS OF BEDFORD TO ASSESS TAXES.

Legislative
Records of the
Council, xix.,
ST. Mass.
Archives, cxv.,
531.

Mass.

Archives, cxv.,
530. House
Journal,
pp. 119, 125.
Province
Laws, xiii., 533,
chap. 179.

A Petition of the Inhabitants of Bedford in the County of
Hampshire, shewing that the Time limited by this Court for im-
powering them to chuse Officers, raise Taxes, by Assessing & Col-
lecting the same, expired the twenty fourth of January last, Praying
that the same Power may be revived:

Read and Inasmuch as the Power granted by the Court on Jan-
uary 24"' 1745 to the said Inhabitants to raise Taxes Choose Officers
&c for Assessing and Collecting the necessary publick Charges aris-
ing in said Township ended in January last. Therefore

Ordered that the same power with respect to the same Lands be
revived, and from the time it ended be further continued for the
Space of three Years.

And that M" Daniel Brown a principal Inhabitant there be im-
powered to call the first Meeting. [Passed December 19.

CHAPTER 149.

ORDER CONFIRMING 240 ACRES OF LAND TO EPHR. WILLIAMS, ESQ",
& TIM" WOODBRIDGE.

Legislative
Records of the
Council, xix.,
91. Mass.
Archives,
xxxi., 64S.

Mass.
Archives,
xxxi., 647-649,
651-6.54. Maps
and Plans,
xxxiii., 24.
House Jour-
nal.pp.llO, 126.

A Petition of Ephraim Williams Esq"" & Timothy Woodbridge,
Praying that this Court would confirm to them a Tract of Two
hundred & forty Acres of Land, granted to them by the Indians
of Stockbridge, in Consideration of a sum of Money, advanced for
their Service (lying in the said Town of Stockbridge,) A Plan of
which Land being herewith presented.

Read &

Ordered that the Two hundred and forty Acres of Land lying in
Stockbridge (as described in the Plan herewith presented) wliich
were Voted and Granted by the Indians in Stockbridge at their
Town Meeting 17"' of October 1740 to Ephraim Williams Esq""
and M'' Tim" Woodbridge be and hereby are Confirmed to the said
Ephraim Williams and Timothy Woodbridge their Heirs and Assigns
in consideration of the Sum of fifteen pounds New York Currency
advanc'd by said Williams and Woodbridge for the Use of the Indians
aforesaid in the Year 1740. [Passed December 19.^

CHAPTER 150.

Legislative ORDER FOR APPOINTING AN ARMOURER FOR y TRUCK HOUSE AT S^

Records of the GEORGES.

Council, xix.,
89^

House Jour- Ordered that an Armourer be stationed at S' Georges Truck

nai, pp. U2, 130. Uousc ; & that an Establishm' be made accordingly. [Passed
December 22.

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is December 23.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 321

CHAPTER 151.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ABOUT LANDS
CLAIMED BY NEW HAMPSHIRE MEN.

A Petition of Eichard Hazzen & Jonathan Colburn, both of Legislative
Haverhill in the County of Essex, shewing that they have been councii%ix.,^
grievously molested in the Possession of their Lands (granted by ^^' ^^-

said Town,) by Suits in the Law, commenced against them by the Archives
Inhabitants of New Hampshire, & tried in that Province ; & Pray- lee. House'
ing for Redress from this Court. pp!'i2f, iso.

The Committee having attended the Service, are of Opinion That
it may be of great Importance to the Interest of a great Number
of the Inhabitants of this Province that the Cause refer'd to in the
Petition of Thomas Follensby & others should be defended in the
best manner, before his Majesty in Council; And it appearing to
the Committee very probable, that such Defence will not be made,
without the Aid of this Court, They are humbly of Opinion, That
Assurance be given, by the Court to the Petitioners, or to such Per-
sons as may undertake on their behalf That what necessary Expence
may attend the Cause in England, not exceeding One hundred Pounds
Sterling shall be allowed out of the publick Treasury : The Committee
are of Opinion that the other Petitions be refer'd for further Con-
sideration, All which is humbly submitted

John Hill by Order of the Comm*®^

Read &

Ordered that this Report be Accepted. [^Passed December 22.

CHAPTER 152.

ORDER ON THE PETITION OF JONATH'' HEYDEN, JUN., FOR A NEW

TRIAL.

A Petition of Jonathan Hayden Jun'' of Braintry, shewing that Legislative
by the Judgement of the Court of General Sessions of the Peace councif.xix.,^
for the County of Suffolk, he is held by Bond, to pay for the Ai-cWv^eT'cv
Maintenance of a Bastard Child, born of the Body of Rebecca 343.
Howard of Braintry, as the reputed Father thereof, altho at that Mass.
time the said Child was by many thought to be a Molatto, & that ^i?345.^ Legi's-
now the thing is more apparent to the general Satisfaction of those, o*/the Council
that have seen the said Child; & therefore Praying that this Court xix., 89.
would allow an other Trial of the said Matter at the Court above na*il*pp!nifi3o.
mentioned.

Read together with the Answer of Rebecca Howard & the Matter
being fully considered

Ordered that the Court of Gen' Sessions of the Peace to be holden
at Boston within & for the County of Suffolk on the first Tuesday
of January next, be & hereby are impowered to hear & try the Affair
within mentioned de Novo, & in Case, upon such Trial the Affair
appear to the Court, as is suggested by the Pef, that then they
supersede their former Proceedings thereon, & declare the same to
be Null & void, & the Process on the Bond within mentioned is
stayed in the mean Time, {^Passed December 22.

322

Province Laws {Resolves^ etc.). — 1749-50. [Chaps. 153-155.]

CHAPTER 153

ORDER IMPOWERING JOS. ROBINSON, GUARDIAN, TO SELL REAL ESTATE.

Legislative
Records of the
Council, xix.,

90. Mass.
Archives,
xviii., 547.

Mass.
Archives,
xviii., 546.
House Jour-
nal, pp. 126, 129.
Province
Laws, ii., 151,
chap. 10.

A Petition of Joseph Eobinsou Guardian of Keziah Price of
Falmouth in the County of Barnstable a Minor, Praying for Lib-
erty to sell the Real Estate of the said Keziah Price for Clearing
the Incumbrance thereon and making it more beneficial to the said
Minor.

Read and

Ordered that the Petitioner in his Capacity be and He hereby is
allowed and impowered to make sale of the real Estate within men-
tioned for the most it will fetch. He first giving publick Notice
of said Sale according to Law. and giving proper Caution to the
Judge of Probate for the County of Barnstable, that the Proceeds
thereof be duely and truly applyed to the purposes within men-
tioned. {^Passed Decetnber 22.

CHAPTER 154

ORDER ALLOWING A GUN TO ABRA: GRAVES.

Legislative
Records of the
Council, xix.,
90. Mass.
Archives,
Ixxiii., 586.

Mass.
Archives,
Ixxiii., 586.
House Jour-
nal, pp. 112, 131.

A Petition of x\braham Graves, Praying for an Allowance out
of the Treasury for a Gun, which he lost with his Son Asahel
Graves, who was killed by the Indian Enemy, while he was a
Soldier.

Read and

Ordered that the Commissary Gen^ be directed to deliver to Col"
Hinsdell Rep"® of Deerfield a Gun out of the Province Store for
the Use of the Pef. \^Passed December 2S.^

CHAPTER 155

ORDER DIRECTING THE COMMISSARY GENERAL TO SEND SUPPLIES FOR
THE INDIAN TRADE AT SACO.

Legislative
Records of the
Council, xix.,
91.

House Jour-
nal, p. 127.

Ordered that the Commissary General be directed to send down
to Jonathan Bane, Commander of the Truck house at Saco, a
Quantity of Goods, proper for the Use of the Indians, trading
there, to the Value of Two hundred Pounds; said Bane to be
subject to such Regulations & Restrictions, as the other Truck
masters in the Province, & to be accountable to this Court, for
the Disposition of said Goods &c. {^Passed December 23."^

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is December 22.

» Court adjourned to December 26. See Legislative Records of the Council, xix., 92.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 328.

CHAPTEK 156.

ORDER IMPOSING A TAX OF ONE PENNY PER ACRE FOR FIVE YEARS
ON LANDS IN BLANFORD.

A Memorial of Francis AVells Esq"" & John Foye, shewing that Klford"of the
(as principal of the Town of Blanford) they were notified of the Council, xix.,
Petition of the Inhabitants of said Place, Praying to have Liberty ArcWve8%xv.,

to tax the unimproved Lands, for the Support of the Ministry & ^

other Charge, And signifying their free Consent to y® levying of Mass.

i 1 • T rn ArClllVGS, CXV.. .

the said iax. 559. Legisia-

P pn rl n n rl "^'^e Records of

iteau ana ^-^^ Councu,

Ordered that a Tax of one penny per Acre Yearly be impos'd xix., 18.
upon all the Lands in said Town of Blanford for the term of five nai.pp. iso.isr^
Years next ensuing for the Maintenance of the Ministry and other
necessary Charges. [^Passed December 26.

CHAPTER 157.

ORDER DIRECTING THE PAYMENT TO ROBERT BENHAM OF THE WAGES

DUE TO HIS SON.

Ordered that the Treasurer be directed to pay to Robert Benham, Legislative
or Order the. Wages due to his Son upon Muster Roll the said Ben- councif xix!'^
ham to be accountable to any Adminisf that is, or may be appointed 93-
on said Estate.' \^Passed December 27.

CHAPTER 158.

ORDER ESTABLISHING RATES FOR BILLETTING SOLDIERS.

A Memorial of John Wheelwright Esq"" Commissary General, Legislative

Records of the

shewing the Difficulty he is under in respect to the Billeting of council, xix.,
the Soldiers, for want of a stated Allowance for the same; And Archfves^'
therefore Praying that this Court would establish the Allowance ixxiii., 513.
for Billeting in the several Places where the Soldiers are posted, Mass.
on the Western Frontiers; ixxiii.^5%.

Read and narpp^2r28.

Ordered ilioX the Rates of Billeting at the several places hereafter 55,59,126,136*
mentioned be in the following Manner Viz At Fort Massachusetts, chap. 289. '
Sixteen Shillings and three pence per Week

Fort Pelham and Shirley, thirteen Shill^^ and Nine pence per
Week

At Colerain Green River Fall Town Road Town New Salem New-
hampton and Blanford Eight Shillings and Nine pence per Week.

Also

Voted that an Addition of one Shilling & Nine pence per Week
be made to the seven Shillings ^ Week already allow'd for Billet-
ing to the Inhabitants of Northfield in April last. [Passed Decem-
ber 27.

» Not found in the House Journal.

324

Province Ijxw^ {Besolves, etc.) . — 17-49-50. [Chaps. 159-1(51.]

CHAPTER 159.

ORDER GRANTING TO ABRA. SHERMAN LICENCE TO KEEP A TAVERN.

Legislative
Records of the
Council, xix.,
9t. Mass.
Archives, cxi.,
181.

Mass.

Archives, cxi.,
180.

A Petition of Abraham Sherniau of Dartmouth in the County
of Bristol, shewing that he has obtained the Approbation of the
Select men of the said Town to keep a Tavern there, but was pre-
vented of getting a Licence from the Justices of the said County,
by the sudden & unexpected Adjournm* of the Court of Sessions;
And therefore Praying that they may be impowered to grant him
a Licence at their next Term.

Read and

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Bristol be allowed and impowered to grant the Pef
a Licence to keep a House of publick Entertainment (if they see
cause) at their next Session upon the Pef' Obtaining the approba-
tion of the Select Men of Dartmouth for that purpose, the time for
granting Licences being elapsed notwithstanding.' \^Passed Decem-
ber 27.

CHAPTER 1(3 0

VOTE DESIRING THE LIEUT. GOVERNOR TO ISSUE A PROCLAMATION
OFFERING A REWARD FOR THE APPREHENSION OF ESCAPED PRIS-
ONERS.

Legislative
Records of the
Council, xix.,
9j. Mass.
Archives,
xxxi., 674.

Legislative
Records of the
Council, xix.,
88, 92. House
Journal,
pp. 140, 141.
Coniinissions
and Proclama-
tions, 1734-17.17,
p. 116.

Ante, p. 317,
chap. 142.

Voted That his hon' the L' Governour with the Advice of his
Majests Council be desired forthwith to Issue a Proclimation Prom-
ising a Reward of fifty Pounds bills of y" last Emission as a Reward
to any Person or Persons that Shall apprehend and deliver to Justice
Either of the Suppos'd Murderers of the Indians at Wiscasset, who
have Escap'd out of the hands of the Officers. And also prom-

ising a reward of Twenty five pounds bills of the last Emission as
a reward to Such Person or Persons as Shall apprehend and take
up either of those Persons that did Rescue the afores** Prisoners or
were aiding and assisting therein, provided they Shall be upon Tryall
Convicted of the fact last mentioned. {^Passed December 28.

CHAPTER 161.

ORDER DIRECTING THE PURCHASE OF A NEW PINNACE FOR CASTLE

WILLIAM.

Legislative
Records of the
Council, xix.,
95. Mass.
Archives,
Ixiv., 3.53.

Mass.
Archives,
Ixiv., 35-2.
House Jour-
nal, pp. 137, 139.

A Memorial of Lieut. John Larrabee of his Majestys Castle
William, shewing that the Pinnace belonging to the said Castle
has been carefully surveyed, & is found so out of Repair, that all
other Cost upon it will be fruitless. And therefore Moving that a
new Boat may be built.

Read and

Ordered that the Memorialist be directed to procure a New Pin-

' Not found in the House Journal.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 325

nace at the publick Charge for the Service of the Castle And that
He Sell the old one within mentioned for the most it will fetch.
He to be Accountable. [^Passed December' 28.

CHAPTEE 162.

ORDER SUBJECTING ALL REAL ESTATE IN THE HARWICH SOUTH
PRECINCT TO TAXATION.

A Petition of a Committee for the South Precinct in Harwich, Legislative
setting forth their Difficulties in the Support of the Ministry; & Council, xix.,
Praying that this Court would abate the said Precincts Province ArciiiveTcxv.
Tax, & that all the Estates & Families within the Bounds of the ^64.
said Precinct may be subiected to pay Precinct Taxes there Mass.

Ti 1 ^ Archives, cxv.,

iteaa ana ^i. House

Ordered that all the Farms and Tenements in said Precinct under fX'^'provhi^'
actual Improvement, the Owners thereof living out of said Precinct Laws, xiu., 673,
shall be Subjected to Pay Taxes for the Support of the Ministry and '^ ^^' ^"^^^
other Precinct Charges. And also that all those Inhabitants with their
Estates who live in said Precinct that did not Sign the Pet" to be made
a Precinct, shall for the future be Subjected to Pay Taxes to the Min-
istry and other Precinct Charges. [Passed December 28.

CHAPTER 163.

ORDER IMPOWERING SYBIL WOOLSON, ADMINISTRATRIX, TO SELL AN

ESTATE.

A Petition of Sybil Woolson Administ'' of the Estate of Isaac Legislative
Woolson late of Weston in the County of Middlesex Dec'^ shewing councif xLx^^
that the Debts on the said Estate exceeding the personal Estate 90- Mass.
more than £900 Old Tenor, she obtained Liberty to sell so much xvm"\«)'.
of the Eeal Estate as would be sufficient to pay the said Debts; Mass.
but upon further Consideration of the Matter It was found that xvm*^549
the selling a Part of the said Estate would much prejudice the Legislative
Whole; And therefore Praying that she may be allowed to sell the councif.xix.,^
whole Eeal Estate, Being accountable for the Surplusage : .journar^

Eead together with the Answer of Joseph Woolson, the Father pp. 129, 142, 143.
of the Intestate, & John Jackson Guardian of his Children, & the Law^T, 151,
Matter being fully Considered, chap. '10.'

Ordered that the Prayer of the Petition be granted, & the Pet'
in her Capacity of Adminisf^ is hereby allowed & impowered to
make Sale of the whole of the deceased's real Estate, & to execute
in due form of Law, a Deed or Deeds for the Conveyance thereof,
to such Person or Persons as shall give most for the same, & that
the Pef (after all Charges allow'd by the Judge of Probate for the
County of Middlesex are deducted) have the Improvement of one
third part of the Produce of the Premisses, during Life, & the Ees-
idue or two thirds to be improved by the said Guardian, so as may
be most for the Children's Advantage; And both Principal & Inter-
est remaining to be paid to them, at the time of their Marriage, or
Arrival at Age, which shall first happen. Provided the Pet' observe

326 Province Laws {Resolves, etc. ) . — 1749-50. [Chap. 164.]

the Direction of the Province Law relating to Executors or Adm"
Sale of Eeal Estates, pass'd in the sixth Year of his late Majesty
King George the first, & give sufficient Security to the s** Judge
that the Principal Sum allowed her as aforesaid, shall revert to the
Eight Heirs of the said Deceased ; As also that the afores'^ Guar-
dian, give Security to the s*^ Judge for the faithful Discharge of
his Trust, & to accompt for such Sum, as he shall receive, pursu-
ant to Law. [^Passed December 39.

149

CHAPTER 164.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO
THE AFFAIRS OF THE INDIANS OF STOCKBRIDGE.

Legislative PURSUANT TO THE Order of the Great & General Court of the

Council, xix., 17'^ of Junc last, appointing a Committee to repair to the Town
Archfve^s^,' 0^ Stockbridge, to inquire into the several Articles in the Petition
xxxi., 650. 678. of the Inhabitants of said Town, so far as they relate to their
Mass. Lands; The said Committee on the 4**^ day of Novem'' Currant

xxxi.^eli, 653, (having travel'd to said Town,) notified the English & Indian In-
j^iinmrrfp. 28 habitants to meet with them; & when they were come together,
29, 31, 135. ' first proposed to the Indians, to lay before the Committee any
La^s^ii!, 1066, Grievances or Difficulties they had relating to their Lands; Which
v^tii^cht^^-u- they proceeded to do; To which the English were allowed to reply;
p. 320,' chap. ' The said Objections & Answers are as follows;

Objection the first, Some of the Indians informed us, that a
Number of their Tribe about nine years past had sold to M'' Wood-
bridge the Schoolmaster, One Mile square of Land ; which others
of them never consented to: Answer, M"" Woodbridg in Answer
thereto says, that some of the Indians importuned him from time
to time, to buy a Mile square of their Land that they might be
enabled to build English Houses: He refused to comply with their
Motion unless they would add One hundred & fifty Acres in the
South Part ; for that the other was such swampy broken Land, it
would not do for a Settlement.

The Indians that sold this Land also say, they had Right to sell
it, because nine of them purchased & paid for the Land, of the
Indians that owned it, who did not live at Stockbridge, which they
were obliged to before they had a Title, the General Courts Grant
notwithstanding.

Object. 2*^ Altho the Indians allow that the Line of the above
Tract of Land sh'' be brought South, where the said M"" W^oodbridge
proposed, yet they say they never understood that there was sold in
that Place more than One mile square & fifty Acres whereas in the
Deed it is One mile square, & one hundred & fifty Acres: Answ'
To which M"' Woodbridge answers, He frequently told the Indians
before he bought it, he would not be concerned with it, unless he
had the Hundred & fifty Acres added; & he divers times plan'd it
upon the Floor before them, & they must needs understand it, &
that he had never heard any Objection from them till very lately,
th6 Part of the Hundred & fifty Acres had been improved divers
years past; And he declares he paid them the full Value of the
AVhole of the Land, & that some of the Indians helpt to lay it
out. The Committee report upon the two Articles above men-

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 327

tioned, That notwithstanding the Sale of the Indian Lands with-
out Liberty of the General Court, is not legal, & it is uncertain,
whether the Lidians understood the Deed to include the whole
Hundred & fifty ilcres, tho the Committee are satisfied M'' Wood-
bridge did think they understood it ; yet inasmuch as the Land was
sold to enable the Indians to build English Houses in the Infant
State of the Town; & It appearing to us, the said M"" Woodbridge
spent the Prime of his Life, & most of his Estate in the Service
of the said Indians; We are of the Opinion that the whole of the
said Land, together with the fifty Acres more, contained in said
Deed, which Fifty Acres he bought of Cpt. Kuncapot (about which
there is no Dispute) be confirmed to the said M'' Woodbridge, his
Heirs & Assigns.

3. The Indians complain. That, at M"" Sergeants Direction, they
spent many days towards clearing a Piece of Land & getting Stuff
to fence it; & Coll. Ephraim Williams objected to their Proceed-
ing; & M' Sergeant told them, they must not go on; Upon which
the Indians say, they were much discouraged, & thought they must
clear Land no where. Answ' To which Coll. Williams answered,
That he objected, because the Indians had told him before, that the
English should have that Land, & that it was but a small Piece, lying
between other Lots of Land belonging to the English, & very incon-
venient that the Indians should have it : Upon viewing the Land,
the Committee are of Opinion That the English be allowed to take
up said Land, as part of their Eight; & that those of the English
who take it up pay to the Indians who did the Labour Ten Pounds
Old Ten^

4thiy rpi^g Indians informed us that M' Samuel Brown had set up
his House on their Land : In Answer, M"" Brown allowed it to

be true ; & said that the Reason of it was, a Mistake in Measure : he
began to measure at the Line of mark'd Trees, which he supposed
was right, but afterwards appeared to be wrong; Upon which he
agreed with the Indians for nineteen Acres of Land, & paid them
Twenty eight Pounds ten shillings Old Tenor for it ; To which the
Indians also agreed: The Committee are of Opinion that the

said Nineteen Acres be confirmed to the said Samuel Brown his
Heirs & Assigns.

5*'' The Indians informed us, that Coll. AVilliams had eight Acres
of Interval Land, which he promised after three Years Improvem'
to exchange for Upland, but kept it still : Answ' To which Coll.
Williams answered, He never promised it absolutely; but only in
case he could spare it, when he came to improve his Lands on the
Hill ; & further, that that Land was Part of a Right bought of a
Dutchman, allowed by the Governm' to settle in the Town; but
said, he now stood ready to exchange it for some of the wild Land
in the Town, he might pitch upon, & was willing indifferent Men
sh'' determine the Quantity ; To which the Indians would not agree :
Both Parties agreed to let the Matter rest until Coll. Williams had
some Out Lands laid out to him, & then an Equivalent should be
added therto for the Interval.

,.th!y TYYiQ Indians complain that the English layout Lands they
know not how much, nor when they will have done, & that no
Indian was with them; And that they did not lay out Swamps &
Ponds: Answ' Upon which the English produced the Plan

of the Lands they had laid out ; And it appeared that the several
Tracts were laid out joining upon one an other (except two,) they

328 Province Laws {Resolves, etc.). — 1749-50. [Chap. HU.]

also shewed the Number of Acres they had laid out to each Man,
& the Eemainder that was yet to be laid out to the English was
Four hundred & eighty five Acres, two Qu. & 38 Rods: The Eng-
lish said, the Reason why they did not notify the Indians, was That,
before they laid out any Lands, they with the Indians, agreed upon
a Line, running Northerly & Southerly in the wast or Out Lands
of the Town; on the East side whereof, the English were to lay
out where they pleased, & on the West side, the Indians where they
pleased: To which Line, the Indians also agreed; but further say
the Plan may contain too much Land : To which they replied. They
were willing to have the Land surveyed a new by a Surveyour ap-
pointed by the General Court.

7'y Cpt. Kuncapot complains that M'' Joseph Woodbridge has
fenced ten Acres of his Land into said Woodbridges Lot : Answ''
M'' Woodbridge answered he was not present when his Land was laid
out, but fenced where he was directed; Both Parties agreed to have
the Matter settled by a Survey which the General Court should
appoint.

8'hiy The Indians informed us That they were told at first That
but few Families, besides the Minister & School master sh*^ settle
with them; But now there are many Families settled in the Place:
Upon which the Committee told them, that it must be allowed that
it was reasonable that as the English increased, they should settle
their Children on their Lands ; The Indians allowed it was reason-
able but said they were not told so at first.

9'y One of the Indians complained that he cleared a Bog Meadow
to cut Hay, & that M' Jones cut it: Answ' M'' Jones replied

that he knew of no other Clearing but burning the Meadow in the
Spring, That it was in the common Land ; Notwithstanding, he was
willing, & did agree to pay the Indian for the Grass; Both the Eng-
lish & Indians informed us, that the Indians had agreed that Two
hundred Acres of their Land should be laid out for the Use of
Boarding School for the Indian Children, Agreable to M' Ser-
geant's printed Proposals; & that the Place they had agreed upon
was in the Bow of the River, Westerly of the Meetinghouse, to
be bounded North on Hannannedanocks Land, & to begin at his
South east Corner, at the River, from thence to run Westerly, agre-
able to the Lines of the Indians Land, already laid out, thro the
River on the Westerly side, & to extend down by the River, on the
Westerly side, & up the River on the Easterly side, so far as to
make Two hundred Acres, yet so that it may not interfere with
any Land heretofore laid out to any of the Indians. The Committee
are of Opinion that a Plan be made of the said Land by a Surveyor,
to be appointed by the Court, & returned for Confirmation to the
Use and Purpose above mentioned. They would further hum-

bly report that upon a Motion made by some of the Indians to have
some Land laid out to them, the Committee took Occasion to inquire
of the Indians, What Method they proposed in the Laying out their
Lands ; & It appeared they had no Rule among them to govern them-
selves by respecting their Lands: We then proposed to them, that
they should form them selves into a Propriety, make a Book, enter
their Proprietors Names, & the Quantity & Bounds of their Lands
already laid out, & such as hereafter may be laid out to them : Which
they all seemed to be pleased with ; said it was good. We proposed
they should deliver us a List of their Proprietors Names, which they
promised ; but upon the next Meeting with them, they told us they

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 329

had fifty six Indian Proprietors, but would give no List in writing:
It appeared plainly to us they had a Jealousy that thereby they should
be brought to submit to the Laws of the Governni* Upon which we
endeavoured to shew them what Benefits they would receive by con-
forming to the Law : Many of them appeared willing to be governed
as English men; but their chief Leader, Umpechena was very averse
to be governed by the Laws; tho, at the same time, he allowed they
were good, so far as he knew them ; But as to their being formed into
a Propriety, they told us they were willing to submit to what the
Court should Order in that Affair. The Committee are of Opin-
ion that an Order pass the Court, erecting the Indian Inhabitants
of said Town into a Propriety, & tliat they be enjoined to keep a
Proprietors Book, to enter their Lands that have been or may be
laid out; Also in said Order signify to them that they conform them
selves to the Laws, not only as they respect their Propriety, but in
all other Cases; which we apprehend will tend much to the Peace
& good Agreement of the People in that Town. The Committee
further report that the English Inhabitants desired a Survey'' might
be sent by the Court, early the next Spring, to lay out the Remainder
of their Land ; the Charge to be born as the Court shall direct : Which,
the Committee are of Opinion, will tend to the future Peace, both
of English & Indians, if laid out on the East Side of the Dividing
Line, mentioned in the Answer to the sixth Article; And further
that a new Survey be also made by said Surveyor of the second Divi-
sion of Lots, laid out by the English, or at least so many of them,
as shall satisfy the Indians that the former Measure is true; And
also that he new run the Line between Cpt. Kuncapot & Joseph
Woodbridge, as mentioned in the seventh Article of the Eeport;
And that the Surveyor be directed to lay out Lands, on the West
side of said Divisional Line, to such Indians as desire it, not exceed-
ing One hundred Acres to one Man: And finally that the Mill
stream on which the Mills now stand, be confirmed to the present
respective Owners, so long as they keep up Mills thereon; And that
a Lot of Thirty Acres laid out by Coll. Williams, called the Mill
Lot, be confirmed to him as part of his Right; & that Liberty for
carrying & laying Logs & Lumber at the Saw Mill be granted to the
Owners of said Mill: All which is submitted. In the Name
& by Order of the Comm'*'®

Stockbridge, Novem'' 10. 1749. Oliver Partridge

In the House of Rep"*^^ Read and

Ordered that this Report be accepted with this Addition Viz* That
Mess" Ephraim Williams Jun'' and Joseph AYoodbridge be allowed
to take up their Lands (which they have Yet to lay out on ' said
Town) on the South side of Sheffield Old line (so called) in good
form. Provided the Indian Inhabitants will Consent to it. to be
layd out by such Surveyor as shall be appointed by this Court.
In Council

Read & Concurr'd, and it is hereby

Resolv\l & Declared that the Indians of the Houssatonuck Tribe
who are & have been setlers or Proprietors of Lands within the Town
of Stockbridge & their Heirs or Descendents are & shall be a distinct
propriety and that Timothy Dwight Esq' be & hereby is directed &
impowered to Repair to the said Town of Stockbridge as soon as may
be & call a meeting of the proprietors aforesaid by posting a notifi-
cation in writing on the foreside of the meeting house in said Town

' Legislative Records of the Council, xix., 101, reads, "in."

330

Province Laws {Resolves, etc.'). — 1749-50. [Chap. 165.]

fourteen days before the time appointed for holding said Meeting,
setting forth the time, place, Ends & purposes of said meeting, at
which meeting the said Proprietors are hereby impowered by a major
Vote to assertain the Number of the proprietors & what each pro-
prietors proportion shall be & to choose a Clerk who shall be under
Oath to Record all Legal Votes Grants & Orders of said Proprietors
in a Book for that purpose & also of all the Lands heretofore laid
out by order of the Committee formerly appointed by the General
Court for that purpose, and the said Proprietors are hereby impow-
ered to call meetings hereafter at any time that Ten of said Pro-
prietors shall Judge necessary they applying to the Clerk by writing
under their hands for the same setting forth the Ends & purposes
of said Meeting & the Clerk posting the same on the foreside of the
meeting house fourteen days before said meeting be held at which
meetings respectively the major part of said Proprietors are hereby
Impowered to Choose a Moderator and all such Officers as Proprie-
tors of General Fields by y*^ Laws of this province may do & for the
better Eegulating & ordering the affairs of said Propriety & to divide
t& Dispose of their undivided Lauds to & amongst the said Proprie-
tors or any of them as they shall Judge necessary for their Settle-
ment & Improvement and also may admit Indians of other Tribes
to live among them & may make Grants of Lands to such Indians
in order to their improving the same such Grants to be made with
this Proviso or Condition that in case the Grantee or his Descend-
ants shall leave the Settlement »& Remove from said Town of Stock-
bridge they shall not have Power of Alienating or any ways Disposing
of said Granted Lands but the same shall Revert to the proprietors.

And it is further Declared that the Indian Inhabitants of the Town
of Stockbridge are & shall be Subjected to & recieve the Benefit of
the Laws of this Government, to all Intents & purposes in like man-
ner as other his Majestys Subjects of this province are Subjected
[to] ' or do recieve Provided always that nothing in this order shall
be understood to Enable any of his Majestys English Subjects to
become purchasers of any part of the Indian Lands contrary to the
provision made by Law for preventing the same.
In the House of Rep''*"*

Read & Concurd. \^Passed Decemher 30.

CHAPTER 165.

Legislative
Records of the
Council, xix.,
102. Mass.
Archives,
xxxi., 676.

Mass.
Archives,
xxxi., 675.
House Jour-
nal, pp. 141, 142,
143, 144. Ante,
p. 324, chap.
160.

VOTE FOR APPREHENDING BENJ^ & RICH. HOLBROOK.

Whereas Information has been given to this Board that Benja-
min Holbrook & Richard Holbrook two persons who were taken up
on Suspicion of being concerned in the Murder of the Indians at or
near Wiscasset, are under Bonds for their Appearance as Witnesses
at the Trial of the Murderers, & there being great Danger that the
said Bonds may be insufficient to hold the said Witnesses to their
Appearance the penalty of eacli Bond being Fifty pounds only &
the said Holbrooks being related to Obadiah Albee one of the sup-
posed murderers; they being also suspected of being present at the
committing said Murder; & two of the supposed Murderers having
been already rescued from the Officer in the County of York,

' Inserted from Legislative Records of the Council, xix., 102.

[3d Sess.] Province Laws (Besolves, etc.). — 1749-50. 331

Therefore

Voted that Samuel Danforth Esq'' one of his Majesty's Justices
of the Peace for the Province, be authorized & directed to issue a
Warrant for apprehending said Benjiimin And Richard Holbrook,
& causing them to be brought by Land or Water as shall be judged
most convenient, before the Lieutenant Governour & Council, as
soon as may be., there to be examined touching the Murder afore-
said ; And that his Honour the Lieu'' Governour be desired to give
Orders to the Chief Military Officer in the Town of Falmouth, to
send a Detachment of the Militia to Assist the Officer in the Exe-
cution of said Warrant. [Passed December SO.

CHAPTER 166.

ORDER ALLOWING £651. 9. 5i TO M« AGENT BOLLAN.

An Accompt presented by W^illiam Bollan Esq"" late Agent for Legislative
this Province in Great Britain, of Disbursements for the Province, councu^ xix!*^
of Charges for his Support in the Agency, Expences in his Going io3-
to & Coming from Great Britain &c. Amounting to £3,116. 2. 8 House Jonr-
Sterl. Credit allowed to the Province £2,464. 13. 2^ Ballance re- °ai, pp- 123, 135.
maining due being £651. !). 5^.

Read &

Ordered that the within Accompt be allowed, & that the Accompt-
ant be allowed the Ballance thereof; Being Six hundred & fifty one
Pounds nine shillings & five pence half peny out of the publick Treas-
ury accordingly. [Passed January 1.

CHAPTER 167.

ORDER IMPOWERING GRACE PARKER TO RETURN TO THE PROVINCE Legislative

TREASURY IN INSTALLMENTS THE LOAN MADE TO ISAAC PARKER. Records of the

Council, xviii.,
319. Mass.

A Petition of Grace Parker Widow of Isaac Parker of Charles- ^9^*^'"*"^®' ^^'^■'

town, Potter Dec'' shewing that he met with great Disappointments -^^^^
in carrying on the said Trade, as she hath done since his Decease, Archives,
And therefore praying that she may be allowed to pay in the Money 54Y.""Legisit^ "
lent him out of the publick Treasury in the present Bills of Credit, th^*'(^tmcii^ ^*
by five several annual Payments. xix., 103.

The foregoing Petition being read, it was thereupon nai^pp. 246/247

Ordered that the same be Revived; and that the Petitioner be p^Y46^'^'prov.'
allow'd to pay into the Publick Treasury the beforementioned one inceLaws.iii.,
hundred & twenty five Pounds,' in time & manner as set forth in the i65,'chap.^90;'
abovewritten A^ote of both Houses, "She giving Security as therein 325, chap. 226.
directed. [Passed January 1.

' The request of the petitioner was that she might be permitted to repay the original
loan of £125, new emission, in five annual payments of £100, old tenor. An unsigned
order dated March 10, 1747, extended time for payment to the last of December, 1751, but
specified three annual payments. This order is the one referred to as the " abovewritten
Vote." — Mass. Archives, lix., 347-349.

332

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 168-171.]

CHAPTER 168.

ORDER DIRECTING THE PAYMENT OF WAGES DUE TO SAM^- GOODMAN.

Legislative
Records of the
Council, xix.,
104. Mass.
Archives,
Ixxiii., 614.

House Jour-
nal, p. 148.

Ordered that the Treasurer be directed to pay the Wages due
upon Muster roll to Samuel Goodman Dec'd. Who was in the Ser-
vice of the Province at Fort Massachusetts (when taken by the
Enemy) to M^ Nath' Kellog Eep''^ of Hadley to be by him deliv-
ered to Thomas Goodman Eldest Brother to the said Samuel : The
said Thomas to be accountable to any Administrator who may be
appointed on the Estate of the said Dec'd. \^Passed January 2.

Legislative
Records of the
Council, xix.,

104. Mass.
Archives,
Ixxiii., 567.

Mass.
Archives,
Ixxiii., .567.
House Jour-
nal, pp. 119, 146.

Legislative
Records of the
Council, xix.,
105. Mass.
Archives,
Ixxiii., 565.

Mass.
Archives,
ixxiii., 665.
House Jour-
nal, pp. 125, 131.
Ante, p. 260.

CHAPTER 169.

ORDER ALLOWING £32. 5. 7. 3 TO JOHN MORSE.

A Petition of John Morse Under keeper of his Majestys Goal in
Cambridge, setting forth the Insufficiency of the Allowance made
on his Accompt of subsisting French Prisoners, Praying this Court
to allow him the sum which was deducted from the said Accompt.

Kead and

Ordered that the Pet' be allowed the Sum of thirty two pounds
five Shillings and Seven pence three farthings out of the pub-
lick Treasury in full discharge of the Account within mentioned.
l^Passed January 2.

CHAPTER 170.

ORDER ALLOWING £10 AND A GUN TO HEN. STEVENS, JUN«.

A Petition of Henry Stevens Jun"" of Chelmsford, Praying for
some Allowance from this Court in Consideration of his Losses &
Sufferings, occasioned by his being taken Prisoner by the Enemy,
while in the Province Service

Ordered that the Treasurer be directed to Pay to Cap* Chamber-
layne Eep''^ of Chelmsford for tlie Use of the Pef the Sum of ten
pounds in consideration of his Loss of time, Sufferings &c

Ordered 2\^o that the Commissary Gen^ be directed to deliver said
Chamberlayne for the Use aforesaid a Gun out of the Province Store.
\Passed January 3.

CHAPTER 171.

ORDER IMPOWERING ELIS'^ WADE, GUARDIAN, TO SELL PART OF AN

ESTATE.

Legislative
Records of the
Council, xix.,

105. Mass.
Archives,
xviii., 538.

Mass.
Archives,

A Petition of Elisabeth Wade Guardian of her Daughter Elisa-
beth Blogget, shewing that her said Daughter is entitled to a forty
fifth Part of the real Estate of Nathan Blogget Dec*^ And forasmuch
as the Remainder of the said Estate is purchased by Benjamin John-
son, Praying that she may be allowed to sell her Daughters Part.

[3d Sess.] Province IjAws {Resolves, etc.). — 1749-50. 333

Eead and Houiefom-

Ordered that the Prayer of the Pe*° be granted and that the Pef nai, pp. 146,149.
Elizabeth Guardian to her Daughter within named be and she hereby Laws^ii^, 151,
is Allowed & Impowered in her said Capacity to make sale of the '^'^^p- ^*'-
said Minor's part and interest in the Estate within mentioned for
the most it will sell for, and Execute a good and sufficient Deed
therefor. Notice of the time and place of such Sale being

posted up in some publick places pursuant to the Law in such
Case made and provided. The said Gruardian also first giving

Caution to the Judge of Probate for the County of Middlesex, that
the produce of said Sale shall be Secured to the said Minor accord-
ing to Law. \^Passed January 3.

CHAPTER 172.

ORDER ALLOWING £2. 15 TO JOHN DAY, £1 TO DANIEL DAVIS AND
£5. 5 TO THE NEGRO MENTIONED IN THE PETITION.

A Petition of John Day of Bradford, shewing that on the IG*^ R|ford"of*the
day of April last, his Dwelling House was burnt down, wherein was Council, xix.,
consumed a Number of Bills of Credit on this Province, of the Old Archives?'
Tenor, to the Amount of Thirty six Pounds, belonging to him self ixxxvii., 56.
in part, & the rest to a young Man & Negroe in his Family; Praying Mass.
that the said sum may be allowed to them out of the publick Treasury, ixxxvii.,'55.

T? Q o r1 Q Ti rl House Jour-

liCciu ana nal,pp.97,l49.

Ordered that the Treasurer be directed to pay to M' William Hardy
Rep"*^ of Bradford two pounds fifteen Shillings for the Use of the
Pef John Day. And One pound for the Use of Daniel Davis. Also
Five pounds five shillgs for the Use of the Negro within mentioned
in consideration of those Sums being Consumed by fire on the IQ^^
of April last. \^Passed January S.

CHAPTER 173.

ORDER IMPOWERING THO: GODDARD TO APPEAL FROM A SENTENCE.

A Petition of Thomas Goddard of Charlestown, shewing that ^^sisiative

1 /^ • , 1 n TT iooi PTi o,i-n Records of the

he was Convict by the Judgment & Sentence 01 John Steel Esq"" Council, xix.,
one of his Majestys Justices of the Peace for the County of Suf- ArchiTC^s?
folk, of fraudelently taking away from Margeret Miles, a Three ^"'•' ^'■^-
Pound Bill of the Old Tenor, of the Colony of Rhode Island; & Mass-
the Petitioner was fined Three fold; that thro his Ignorance he xiiii., lo.'ii.
lost the Privilege of his Appeal to the Court of General Session Reforlfrof the
of the Peace for the County of Suffolk; Praying now to be ad- fog^^Hougg-'
mitted to his said Appeal by the Order of this Court. journal,

Read together with the Answer of Thomas Miles & Margaret his pp- i37, i38, 149,
Wife & the Matter being fully considered.

Ordered that the Prayer of the Pet° be granted, & the Pef is
hereby allowed, to Appeal from the Sentence within mentioned,
unto the Court of Gen^ Sessions of the Peace now holden at Bos-
ton within & for the County of Suffolk, & the within named Jus-
tice is directed to receive the same; Provided the Pet'' recognize

334

Province Laws (i^eso/ves, e^c). — 1749-50. [Chaps. 174, 175.]

iu due form of Law, & the Justices of the s*^ Court are also im-
powered to hear & determine the Matter complained of, & proceed
thereon, according to Law. The Pef forthwith to notify the Com-
plainant of this Order. [Passed January 3.

CHAPTEK 174.

ORDER REFERRING THE PETITION OF THE INHAB'^s OF THE WEST
WING IN RUTLAND TO BE ERECTED INTO A SEPARATE PRECINCT.

Legislative
Records of the
Council, xix.,

18. Mass.
Archives, cxv.,
485.

Legislative
Records of the
Council, xix.,
107. House
Journal, pp.27,
65, 102, 119, 151.

A Petition of James Craige & others, Inhabitants of a Tract
of Land in the Township of Rutland, called the West Wing, &
the Inhabitants of an other Tract of Land Joined thereto called
Braintree, shewing that they are commodiously situated, being of
the Contents of Five miles square, & capable of such Settlements,
as are sufficient for the Support of the Ministry; & therefore Pray-
ing that they may be erected into a Township or Precinct :

Read and

Ordered that the Pet°^ abovementioned be refer'd to the next Sit-
ting of this Court for further Consideration. [Passed January 4.

CHAPTEK 175.

VOTE FOR AN ESTABLISHM'^ FOR AND POSTING OF THE SOLDIERS ON

THE FRONTIERS.

Legislative
Records of the
Council, xix.,
107. Mass.
Archives,
Ixxiii., 616.

Mass.
Archives,
Ixxiii., 615.
House Jour-
nal, p. 150.
Ante, p. 276,
chap. 36; p. -291,
chaj). 75.

Whereas the Establishment for the Forces in the Eastern Fron-
tiers for Seventy Men expired the lO*** of October last. Yet notwith-
standing that there be pay and Subsistance allowed to said Forces to
the Sixteenth of this Instant. And Whereas the Establishment for
the One hundred Men Posted by this Court in June last, in the West-
ern Frontiers, expired the first of September last. Yet notwith-
standing that there be pay and subsistance allowed to said men to
the tenth of October last. And to five Inhabitants at Ashuelot to
the first of November last. And that there be pay and subsistance
allowed to Sixty men more in the Western Frontier to the Sixteenth
Instant. Also

Voted that from and after the 17*^ of this Instant to the first of
May next there be pay and Subsistance to Eighty Eight Men only
in the Eastern and Western Frontier Including Officers.

And that His Honour the Lieutenant Governour be desired to give
Orders that the said Eighty Eight Men be Posted in the following
manner (and that the rest be dismiss'd[)] ' Viz'

At the Truck House on S' Georges River including an Armourer . . Sixteen Men

At Pemaquid Fort Six Men

At Richmond Fort including An Armourer ...... Fourteen Men.

At Fort George Four Men

At Saco Block House Eight Men

At Fort Massachusetts Fifteen Men

At Fort Dummer Ten Men

At Fort Number 4 Fifteen Men

[Passed January 4.

1 Inserted from Legislative Records of the Council, xix., 107.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 335

CHAPTER 176.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
ELIAS GERROT TO BRING FORWARD A WRIT OF REVIEW.

A Petition of Elias Gerrot of Maiden, shewing that at an In- Legislative
ferior Court of Common Pleas, held at Newbury in the year 1748, councu^, xfi!!^
Jonathan Bagley recovered Judgment against the Petitioner for los. Mass. '
the sum of £225, & Costs, the Petitioner being then beyond Sea, yoe.
& wholly unacquainted with the thing, till his Eeturn, when he Mass.
found an Execution out against him ; And f oras much as there was gor'^House'"'
no Foundation for said Judgment; therefore Praying that he may Journal, p. i5i.
be allowed to bring his Writt of Review of the said Cause, at the
next Inferior Court, in the County of Essex, & that the Execution
on the said Judgment may be stayed in the mean time.

Eead and

Ordered that the Pef serve the adverse Partie Jon* Bagley or his
Attorney with a copy of this Pet'' that He shew cause if any He hath
on Fryday the 12*'' Curr* 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, and Execution within mentioned is Stayed
in the mean time. Provided the Pef give Security to the Sheriff of
the County of Essex to pay the Sum that shall be finally Adjudged
due upon this Affair. [Passed January/ 4.

CHAPTER 177.

ORDER ALLOWING £12 AND TWO GUNS TO DAN^- SERGEANT.

A Petition of Daniel Sergeant of Fort Dummer, shewing that ^^sisiative
he was taken Captive by the Indian Enemy, at the same time when council, xix.,
his Father was killed by them. Praying for some Allowance for his Arcin'^es^^'
Losses & Sufferings, & particularly for the Loss of his Fathers & his ixxui., ssk
own Gun, which was at the same time taken by the Enemy. Mass.

Read and ' itl^ii.T5l4.

Ordered that the Treasurer be directed to Pay to Col" Hinsdell ^aTpp'n2^i52.
for the Use of the Pef the Sum of twelve pounds in Consideration
of his Loss of time and Sufferings whilst in Captivity.

Ordered also that the Commissary General be directed to deliver
the Said Hinsdell for the Use aforesaid the Pef two Good Guns out
of the publick Store. [Passed January 5.

CHAPTER 178.

ORDER WITH STAY OF EXECUTION ON THE PETITION OF JOHN COLE
FOR A NEW TRIAL.

A Petition of John Coles of Boston, shewing, that in an Action Legislative
between the Petitioner & one Philip Freeman at the last Superior coum-u, xix.^*
Court for the County of Suffolk, Judgment was made up against ^- -Mass.
the Petitioner, by means of his Witnesses being sick at the time xiiii., 70.'

336

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 179, 180.]

Mass. of Trial of said Cause, at the Superior Court, Praying for a new

xiiii., 67. ' Leg- Trial at the next Superior Court; & that Execution may be stayed
!frdfo?^e" in the meantime.

Council, xix., Read, with the Answer of Philip Freeman, &
Journal, Ordered that the Execution issued upon the Judgm* recovered

pp. 137, 155, 156. against the Pet' on the Bond mentioned in the Petition, be & hereby
is stayed untill the Petitioner shall have a Trial on his Action of
Eeview mentioned in S*^ Petition at the Sup"" Court of Judicature
to be held in the County of Suffolk in Feb'' next. Provided the
Pef give Security to the Sheriff of the County of Suffolk to pay
what shall be due on the afores'^ Execution with Interest, after
what may be recovered (if any thing) on the said Action of Re-
view, shall have beeu deducted. [^Passed January 8.

CHAPTER 179.

ORDER ALLOWING £37. 10 TO JN^ CHOAT, ESQ^.

Legislative
Records of the
Council, xix.,
111. Mass.
Archives, cv.,
338.

Mass.

Archives, cv.,
3.35-338. House
Journal,
pp. 129, 156.

A Memorial of John Choat Esq'' shewing that being in the Ser-
vice of this Province at a Place called Hoosuck, his Horse which he
hired of one M'' Boardman got away, & with all the Search that could
he made, he could not be found; »& the Place being thirty five miles
distant from any settled Town, it is not probable the Horse will ever
be found, Praying that the Horse may be paid for by the Governm*
The Memorialist apprehending that the Owner will be satisfied with
no less than Thirty seven Pounds ten shillings New Tenor.

Read and

Ordered that the Treasurer be directed to pay to the Memorialist
in consideration of the Loss within mentioned the Sum of thirty
Seven pounds ten Shillings. The Memorialist to be accountable to
the Province (if the Horse should be found) for the Value the said
Horse shall then be adjudg'd to be of. \^Passed January 8.

CHAPTER 180.

ORDER ALLOWING £2 TO ELISHA CHAPIN.

Legislative
Records of the
Council, xix.,
112. Mass.
Archives,
Ixxiii., 266.

Mass.
Archives,
Ixxiii., •2a5.
House Jour-
nal, pp. 106, 154.

A Petition of Elisha Chapin of Springfield, shewing that, while
he was a Soldier at Fort Massachusets, he was taken sick, & sent
home to his own House, for want of some Person to nurse him;
Praying that this Court would allow him the Charge, he was at for
Attendance on him in his Sickness.

Read and

Ordered that the Treasurer be directed to pay to Josiah Dwight
Esq"" the Sum of two pounds for the Use of the Pef in considera-
tion of his Expence within mentioned. \^Passed January 8.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 337

CHAPTER 181.

ORDER ALLOWING £6 TO PATRICK BURN. Legislative

Records of the
Council, xix.,

A Petition of Patrick Burn, Praying for some further Allow- 112- Mass.
ance from this Court, iu Consideration of the Wounds he received ixxiii.%8'5.
in the Service against Cape Breton, by which he is still maimed. House Jour-

Eead and nai,pp.i32,i.'54.

Ordered that the Committee of War be directed to pay to the Laws, xiii., 465,
Select Men of the Town of Wenham Six pounds for the relief of paw, chaf.*'*'
the Pet^ [^Passed January 8. ise.

CHAPTER 182.

VOTE REFERRING TO COMMISSIONERS TO TREAT WITH CONNECTICUT
GOVERNM'T AND CHOICE THEREOF.

Voted that the House are now ready to come to a Vote with the Legislative
Hon*"'^ Board by joint Ballot, for Commissioners to treat with such councff, xix!|®
Gentlemen as are or may be appointed by the Governm* of Connect- J^

icut relating to the Claims of the Town[s] of Woodstock, Suffield, Mass.
Enfield & Somers, to be under the Jurisdiction of said Governm* ss^yl^^e^. ^''
And that his Honour the Lieuten* Governor be desired to Commis- ^fords"of the
sionate the Gentlemen appointed by this Governm* accordingly, & council, xix.,
that they make Report of their Doings to this Court; & that the joiirnai°"^
Number of the Commissioners be Three, One of them of the Board ^^ntl^^v^it
& Two of the House: Also chap'. i87. '

Voted that the Secretary propose to the Government of Connect-
icut that Springfield be the Place for the first Meeting of the Com-
missioners on the first Wednesday of April next, or on such farther
Day as the said Governm* of Connecticut may think more conven-
ient; Notice to be given to the Commissioners on the part of this
Province.

And the two Houses proceeded to the Choice of Commissioners,
to treat with Commissioners from the Government of Connecticut;
And

Thomas Hutchinson, Israel Williams & Timothy Dwight Esq"
were Elected by the Major Vote of the Council & House of Rep-
resent'^* To which Election, the Lieuten' Governor sign'd his
Consent. \^Passed January 9.

CHAPTER 183.

ORDER FOR ADJOURNING BARNSTABLE COUNTY COURTS.

Whereas the usual time for holding the Court of General Ses- Legislative
sions of the Peace & Inferior Court of Common Pleas for the County council^ xix.,
of Barnstable will be on the third Tuesday of January Instant; and ^*;.iji^|f^-
Whereas several of the Justices of the said Courts of Sessions & Com- xiiu., 74. '
mon Pleas are Members of the General Court & diverse important House Jour-
Affairs are now depending Therefore ProVmc^'

338

Province Laws {Resolves, etc.) . — 1749-50. [Chaps. 184-186.]

Laws, iii., 64,
chap. 32; 744,
note.

Orderd that the said Court of General Sessions of the Peace &
said Inferior Court of Common Pleas for the said County of Barn-
stable be & hereby are adjournd to the third Tuesday of February
next »& all Persons whom this Order may concern are to govern them-
selves accordingly. \^Passed January 9.'

CHAPTER 184.

ORDER IMPOWERING URSULA CASWELL, ADMINISTRATRIX, TO SELL

LAND.

Legislative
Records of the
Council, xix.,
114. Mass.
Archives,
xviii., 544.

Mass.
Archives,
xviii., 643, 545.
House Jour-
nal, p. 160.
Province
Laws, ii., 151,
chap. 10.

A Petition of Ursula Caswell, Widow & Administ^ of the Estate
of Samuel Caswell late of Norton in the County of Bristol Dec*^ shew-
ing that it is necessary to sell the Real Estate of the Deceased ; And
for as much as the Superior Court for the said County is at such a
Distance, Praying that this Court would give Power for selling the
same.

Read &

Ordered that the Prayer of the Petition be granted, & that the
Petitioner be allowed & impowered to sell the Estate within menf^
she observing the Directions of the Law relating to the Sale of In-
testate Estates, & giving sufficient Caution to the Judge of Probate
for the County of Bristol that the Proceeds shall be disposed of for
the Purposes within mentioned. \Passed January 10.

CHAPTER 185.

Legislative
Records of the
Council, xix.,
114. Mass.
Archives,
Ixxiii., 576.

Mass.
Arcliives,
Ixxiii., .575.
House Jour-
nal, p. 160.

ORDER ALLOWING £15 TO SAM'- GRAVES.

A Petition of Samuel Graves of Sunderland, Praying for some
Allowance from this Court in Consideration of the Loss of his Son,
who was killed in Fight by the Indians, when in the Service of the
Province

Read and

Ordered that the Treasurer be directed to pay to M"" Nathaniel
Kellogg the Sum of fifteen pounds for the Use of the Petitioner,
in consideration of his Sufferings herein mentioned. \^Passed Jan-
uary 10.

CHAPTER 186.

Legislative
Records of the
Council, xix.,
114. Mass.
Archives,
xlix., 263.

Mass.
Archives,
xlix., 262.
House Jour-
nal, pp. 146, 159.

ORDER ALLOWING £3 TO ABIG. HALLIBURTON.

A Petition of Abigail Halliburton, Praying for some Allowance
from this Court for the Rent of a Room in her House taken up for
the Use of his Majestys Council after the burning of the Court House,
& also for the Use of Forms she got made for the Council ;

Read 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 three pounds

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is January 10.

[3d Sess.] Province LiAws (Besolves, etc.). — 1749-50. 339

in full for the Use of her House which was improved in the Service
of the Province when the late Court House was Consumed by fire.
[Passed January 10.

CHAPTER 187.

ORDER GRANTING TO THE INDIANS OF STOCKBRIDGE A RECORD BOOK,
AND DIRECTING THE LAYING OUT AND SURVEY OF LANDS THERE.

Ordered that Col° Dwight of Northampton have liberty to pur- Legislative
chase a Book .of Eecord for the Indian Proprietors of Stockbridge col^cif x*i^^
at the Charge of the Province. ii5- Mass.

Ordered also that the said Col" Dwight be directed and impowered xxxi!7684.
to Survey and lay out the Lands in said Stockbridge, agreable to the House Jour-
Vote of the Court pass'd this Session for that purpose. [Passed ^^if- ^^^^e
January 12. chap'. i64.

CHAPTER 188.

ORDER ALLOWING TO JOS. PRIEST £4. 13. 4 AND THE WAGES DUE

HIS SON.

Ordered that the Sum of four j)ounds thirteen Shillings and four Legislative
pence be paid out of the publick Treasury to AVilliam Lawrence Esq'' coundf, xix!l^
for the Use of Joseph Priest, Father of Eleazar Priest Deceas'd, taken ye. Mass.

ArcriiVGB

Captive by the Indian Enemy Anno 1748. ixxiii.,6i9.

Ordered also that the Treasurer pay to the said Lawrence what House Jour-
Wages shall be found due to the Deceased upon Musterroll for the ^nte,'v^lk
Use aforesaid, [Passed January 12. chap! si.

CHAPTER 189.

ORDER ALLOWING A GUN TO EBEN" HUBBARD, ADM«.

A Petition of Ebenezer Hubbard, Adminisf of the Estate of Legislative
James Billing late of Concord Dec*^ shewing that the said Billing council, xix.,
was killed by the Indian Enemy while in the publick Service, & Archiv^e^sr
had then a Gun with him, which was his own Property, Praying ixxiii., eoi.
for an Allowance therefor. Mass.

-r> J 1 Archives,

Kead and ixxiii., eoi.

Ordered that the Commissary General be directed to deliver the naTtf i^?^
Pef a Good Gun out of the Province Store in Lieu of the Loss
within mentioned. [Passed January 12.

CHAPTER 190.

ORDER ALLOWING £5 AND A GUN TO THO. CRESSON.

A Petition of Thomas Cresson, Praying for an Allowance from Legislative
this Court in Consideration of his Sufferings in his Captivity, & the council^ xix!*,*
Loss of his Gun, he being taken Prisoner while in the Service of the Archi^^^s^^'
Province. ixxiu., ssV.

340

Province Laws (i?esoZves,ete.). — 1749-50. [Chaps. 191,192.]

House Jour-
nal, pp. 112, 163,
164.

Eead and

Ordered that the Treasurer Pay to Col" Hinsdell, the Sum of
five pounds for the Use of the Pef in consideration of his Suffer-
ings. And that the Commissary General be directed to deliver
said Hinsdell a Good Gun out of the publick Store for the Use
aforesaid. \^Passed January 12.

CHAPTER 191

Legislative
Records of the
Council, six.,
117. Mass.
Archives,
xxxi., 663.

Legislative
Records of the
Council, xviii.,
43. House
Journal, p. 197
(January,
1746) ; p. 163.

ORDER IMPOWERING THO. AWANSAMUG, INDIAN, TO SELL LAND.

A Petition of Thomas Awunsamug of Natick Indian, Praying
for Liberty from this Court to sell twelve Acres of Land, belong-
ing to him, in the said Place, for his present Support; The
said Petition being accompanied with a Certificate from the Guar-
dinans of the Natick Indians, That they apprehend the Petitioners
Request to be just & reasonable.

Read and

Ordered that the Prayer of the Pet"^ be granted ; and the Pef is
allowed with the Advice, and under the direction of the Guardians
of the Indians of Natick to Sell the twelve Acres of Land for the
purposes within mentioned. \^Passed January 12.

CHAPTER 192.

ORDER IMPOWERING THE COURT OF GENERAL SESSIONS OF PLYMOUTH
COUNTY TO RECEIVE REPORT OF COMMITTEE ON THE PETITION RE-
GARDING OBSTRUCTIONS TO FISHERY IN HANOVER.

Legislative
Records of the
Council, xix.,
97. jVIass.
Archives,
Ixxxvii., 410.

Mass.
Archives,
Ixxxvii., 406-
414. Legisla-
tive Records of
the Council,
xix., 117.
House Jour-
nal, pp. 142, 162.
Ante, p. 308,
Chap. 118.

A Petition of the Town of Hanover in the County of Plymouth
shewing that they are greatly injured by the Mill Dams, erected upon
the River called Indian Head River, whereby the Fish are stop'd
in their Passage, that the Petition'''' have made their Application
for Redress to the Court of General Sessions of the Peace for said
County, but by reason of the said Courts being Adjourned by Order
of this Court; It is probable that the Season for the Coming up of
the Fish will be over before they can have Relief in that Way; And
therefore Praying for Relief from this Court :

Read and Inasmuch as the Pet" may suffer wrong, by means of
the Sessions for the County of Plymouth being adjourned by this
Court.

Ordered that if the Committee that may be appointed by the next
Court of General Sessions for the County of Plymouth upon the Sub-
ject matter of this Pet" shall not make report thereon till Court are
ready to adjourn without Day. That in Such Case the Court be
directed to adjourn to some convenient time to recieve the Report
of such Comm'^''. \^Passed January 12.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 341

CHAPTER 193.

ORDER IMPOWERING JOS. EPHRAIM, INDIAN, TO SELL LAND.

A Petition of Joseph Ephraim of Natick Indian, Praying that Legislative
this Court would grant him Liberty to sell Twenty Acres of Land Cmm^if, xix.,
belonging to him in Natick, for the Payment of his Debts & more Archives^^'
comfortable Support; The Guardians of the Natick Indians xxxi., 6i8.

signifying the Eeasonableness thereof. Maes.

T> A 1 Archives,

Kead and xxxi., en.

Ordered that the Pet' have liberty to Sell the twenty Acres of R^f^^rd* ofthe
Land within mentioned with the Advice and under the direction Council, xviii.,
of the Guardians of the Natick Indians for the purposes men- journa/,^^?. 197
tioned. [Passed January 12. i7^^"*p?163

CHAPTER 194.

ORDER exempting THE PROPERTY OF THE BOSTON ARTILLERY COMP^

FROM TAXATION.

A Petition of Coll. Jacob Wendell & others, a Committee of Legislative
the Artillery Company in Boston, shewing that the Assessors of councif.xix.,^
the said Town have for three years past taxed the Treasurer of the Archi^s^^'
said Company for the Companys Estate in his Hands, which the ixxui., i-k.
Petitioners apprehend to be against their Charter of Incorporation, Mass.
Therefore Praying for Relief from this Court t^^^x'^k^

I^ead & ... naiTp:'^?l:64.

Ordered that the Prayer of this Petition be granted, & that the
afore mentioned Taxes imposed on the Treasurer of the Artillery
Company aforesaid be remitted; And it is hereby declared that the
Donations made or to be made to said Company shall be exemjit
from all Taxes whatsoever until this Court shall order otherwise.
\_Passed January 13.^

CHAPTER 195.

ORDER IMPOWERING NATH'- & PATIENCE HILL, INDIANS, TO SELL

LAND.

A Petition of Nathaniel Hill & Patience his Wife of Natick R®fo^'^**'^|'tu
Indians, Praying for Liberty from this Court to sell fifteen Acres council, xix.,
of their Land in said Place for Payment of their Debts & build- Archives,^'
ing a Dwellinghouse & for the more comfortable Support of them xviii., 509.
selves: The said Petition being accompanied with a Certificate Mass.

from the Guardians of Natick Indians, That they apprehend the xviii.7so8.
Request to be Just & reasonable. Refords'of the

Read and council, xviii.,

Ordered that the Prayer of the Pet" be granted and the Pet"^' are journal" p. 197

' This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is January 12.

342

Province Laws (i?eso?yecS,efc.)- — 1749-50. [Chaps. 196-198.]

(January,
1746) ; p. 163.

allowed to Sell the fifteen Acres of Land within mentioned under
the direction of their Gruardians as in the Pet° mentioned. [Passed
January 13.

CHAPTER 196.

Legislative
Records of the
Council, xix.,
118. Mass.
Archives,
xxxi., 657.

Mass.
Archives,
xxxi., 6.56.
Legislative
Records of the
Council, xviii.,
43. House
Journal, p. 197
(January,
1746) ; p. 163.

ORDER IMPOWERING W" THOMAS, INDIAN, TO SELL LAND.

A Petition of William Thomas of Natick Indian, Praying for Lib-
erty from this Court to sell Twenty Acres of his Land at Natick for the
Payment of his Debts, & his more comfortable Support: Which
Petition was accompanied with a Certificate from the Guardians of the
Xatick Indians, That they apprehend the Eequest just & reasonable.

Read and

Ordered that the Prayer of tlie Pet" be granted and the Pet' is
allowed with the Advice and under the direction of the Guardians
of the Natick Indians to sell the twenty Acres of Land for the pur-
poses mention'd. [Passed January 13.

CHAPTER 197.

VOTE ALLOWING BLANKETS TO FRAMHEGAL AND LOVEL AND TRANS-
FERRING PROVISIONS FROM GEORGE TOWN TO RICHMOND FORT.

Legislative
Records of the
Council, xix.,
119.

Mass.

Archives,

xxxi., 68,5.

Legislative

Records of the

Council, xix.,

79, 92. House

Journal,

pp. 118, 120, 153,

154.

Voted that two Broad Cloth Blankets be given to Framhegal &
Lovel, in consideration of their Journey to Canada, at the Desire
of this Governm* »& in the Name of the Eastern Indians, to invite
the S* Francois & other Indians to the Treaty at Falmouth ; That
the Provisions granted by this Court in December last (& now lying
at George Town) for the Relief of such Indians as have suffered by
the late Breach made on them by some evil minded English Persons,
be removed to Richmond Fort, & committed to the Care of the Truck
Master there, for that Purpose. [Passed January 15.

CHAPTER 198.

RESOLVE IN REGARD TO MATTERS PENDING BEFORE THE COURTS
THAT ARE ADJOURNED.

Legislative
Records of the
Council, xix.,
119. Mass.
Archives,
xliii., 76.

House Jour-
nal, p. 169.
Ante, p. 274,
chap. 29; p. 308,
chap. 118;
p. 309, chap.
121 ; p. 337,
chap. 183.

Whereas the Court of General Sessions of the Peace & In'"" Court
of Comon Pleas in divers Counties in this Province now stand ad-
journed by Orders of this Court from their Terms stated by Law,
to other Days in the s*^ respective Orders particularly mentioned;
And Whereas some Advantage may be taken from the general Ex-
pressions in the s'* Adjournm'^

Resolved, That it was the Intention of this Court, That all Processes
& other Matters & things depending in the said Courts, and w'^'" were
by Law to be heard, tried & proceeded upon at the sev' Terms by
Law stated for their Sitting, should be heard, tried & proceeded upon

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 343

at the the ' respective times to w'^'^ they were adjourned; & the Jus-
tices of the said Courts and all other Persons concerned are hereby
required to conform themselves accordingly. \_Passed January 16.

CHAPTER 199.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO
MATTERS PENDING IN G^ BRITAIN.

Jacob Wendell Esq^ from the Committee appointed to consider Legislative
the Affairs of this Province depending in Great Britain, made Eeport council^ xix!*^
thereon : i2o.

Which Report was Accepted by both Houses with Amendm*^ & Mass.
Consented by the Lieuten* Governor; And as Amended is as 590? Legisia-'

•Pnlln-nra- vi 7 tive Records of

tOllOWS, VIZ the Council,

The Committee appointed to consider & report what Affairs, relat- xix., 115.
ing to this Province, in Great Britain, it is necessary for the Court nai^pp. 16^65,
immediately to act upon, «& in what manner. It will be most proper ^^^*
to proceed ; Having attended this Service, are humbly of Opinion,
That the Province have great Reason to hope & depend on the
Reimbursem' of the Charges of the late intended Canada Expedi-
tion, & the Cost of Cloathing, which was made Use of by Admiral
Knowles, for his Majestys Forces at Louisbourgh ; & that it is neces-
sary that a more particular Accompt of those Charges be forthwith
prepared: That the Accompt of the Charge of supporting Fort
Dummer, & defending the Frontiers of New Hampshire is still de-
pending, & waiting his Majestys gracious Determination : That
there is reason to expect a Parliamentary Inquiry into the the ' State
of the Bills of Credit of the several Governm** in New England &
that it is of great Importance to this Province, that the other Gov-
ernm'^ should be obliged to a speedy & equitable Redemption .of their
respective Bills: That it appears by good Information that the
Boundary between his Majestys Frontiers, & those of the French
King on this Continent, is left undetermined, & will soon come
under the Consideration of Commissioners, & that the Interest of
this Province, & other his Majestys Subjects greatly depends on a
just Determination thereof; And that it is very necessary that a
Representation be made setting forth the Encroachm** the French
have already made; & to prevent any further Encroachm'^ by reason
of their present Claims to a further Extent of their Lines; which
Claim appears by tlie Governor of Canada's Letters, to be carried
into the Heart of this Province, & as far as the River Kenne-
beck : That the Affair of the Line between this Province &
the Colony of Connecticut, as formerly settled by Commissioners
of each of said Governm" be inquired into, that said Settlement
may be confirmed, if not already done: That Application be
made, that, in case of a future War, each of His Majestys Govern-
ments on this Continent may be obliged to bear their respective
proportions, both as to Men & Money: That Application be
also made to exempt the Seamen & others in this Governm' from
Impresses on board any of his Majestys Ships that may for the
future come into this Province.

The Committee are further of Opinion that it is necessary that

1 Sic.

344

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 200-202.]

some Gentleman of Capacity & Knowledge in the several Matters
above reported be employed as soon as may be to appear for & in
behalf of this Province, & solicit the same in Great Britain. \^Passed
January 16.

CHAPTEK 200.

RESOLVE DEFERRING THE ISSUANCE OF THE EXECUTIONS OF THE
PROVINCE TREASURER AGAINST CONSTABLES AND COLLECTORS.

Legislative
Records of tlie
Council, xix.,
121. Mass.
Archives, cii.,
453.

House Jour-
nal, pp. 168, 169.

Inasmuch as the Bills of Credit of this Province are laid up by
particular Persons probably for the sake of Exchanging them for
Silver, whereby it is rendred very difficult, if not Impracticable at
this Day, for the several Collectors and Constables in this Province,
to Collect and Pay in to the Province Treasurer the several Sums to
them severally Committed to Collect and Pay off the Province Tax
for this present Year.

Resolved that the Province Treasurer be directed and he hereby
is directed not to Issue Execution against any Collector or Con-
stable (Who may not pay to him the Sum and Sums of such Tax
to them Committed) till after the thirty first day of May next. And
all Such Constables and Collectors are hereby Directed not to dis-
trein for Such Eates and Taxes as are yet unpaid till the thirtieth
day of April next. \^Passed January 17.

CHAPTEK 201.

Legislative
Records of the
Council, xix.,
121. Mass.
Archives,
xviii., 50.5.

House Jour-
nal, p. 170.
Province
Laws, ii., 161,
chap. 10.

ORDER IMPOWERING JN" HAWES, ADMINISTRATOR, TO SELL LAND.

A Petition of John Hawes Administ"" of the Estate of Isaac
Hawes late of Chatham Dec*^ shewing the Necessity of selling the
remaining Part of his Eeal Estate for the Payment of his Debts;
And forasmuch as the Superior Court for said County is at a con-
siderable distance, as to the time of their Sitting, Therefore Pray-
ing for Leave from this Court for selling the said Lands.

Read &

Ordered that the Prayer of this Petition be granted & the Pet' is
hereby authorized & impowered to make Sale of the Land within
mentioned for the most it will fetch, he observing the Law relating
to admin" & Exec" Sale of real Estates, & giving sufficient Caution
to the Judge of Probate for the County of Barnstable, to account
with him for the overplus if any there be. [Passed January 17.

CHAPTEK 202.

Legislative
Records of the
Council, xix.,
122. Mass.
Archives,
Ixxiii., 612.

ORDER ALLOWING 25/ TO W*' BOLTON.

A Petition of Jeremiah Powell Esq"" in behalf of one William
Bolton, lately come out of Captivity, Praying for some Allowance
from this Court to the said Bolton, in Consideration of his Sufferings.

Read and

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 345

Ordered that the Treasurer be directed to pay to Jeremiah Powell 'l^r^f^ives
Esq'' the Sum of twenty five Shillings for the Use of W™ Bolton, ixxiii., 612.
[Passed January 17. nai"pp. isT^^ivi.

CHAPTEE 203.

, ORDER ALLOWING £2. 3 TO JOS^ HOLBROOK.

A Petition of Josiah Holbrook, shewing that he served as a Sol- n^^^^^l^^ftj,
dier in the Western Frontiers under Cpt. Stevens for six weeks, that Council, xix.,
by Accident his Xame was left out of the Muster Roll, Praying that Archiv^es^'
the Wages due to him for that Service may be now allowed him. ixxiii., 6-21 .

Read and House Jour-

Ordered that the Treasurer be directed to pay to M'' Nath' Nelson 171.''^^" ' '
the Sum of two pounds three shillings for the Use of the Pef in full
for his Service above mentioned. [Passed January 17.

CHAPTER 204.

ORDER allowing £12. 10 TO NATH'- WALKER.

A Petition of Nathaniel Walker, shewing that while he was Legislative
a Soldier under Cpt. Hobbs, he was wounded in the Arm by the coum^f xl*!"'
Indian Enemy, w*^*" still disables him from Labour, Praying for 122. Mas:^.
Relief from this Court, ixxiii.%20.

Read and House Jour-

Ordered that the Treasurer be directed to pay to M' Witt for the nai.pp.no.ni.
Pef the sum of Twelve pounds ten Shillings in full for his Suffer-
ings and other Expences above mentioned. [Passed January 17.

CHAPTER 205.

ORDER ALLOWING £10 TO EDW" MANCHESTER.

A Petition of Edward Manchaster, a Soldier in the late Expedi- ^^^^Ifg'^f t^e
tion ag^* Cape Breton, Praying for some Allowance from this Court council, nix.,
in consideration of his Sufferings in that Service : Arciii^ves?'

Read and ixxiii., 2(i4.

Ordered that the Treasurer be directed to pay to Cap' Nathaniel Mass.
Sole for the Use of the Pef the Sum of ten pounds in full for his ixxii\.l264.
support to this time. [Passed January 17. ^^^^^'!m,m.

346

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 206-209.]

Mass.
Archives,
xlii., 907.

House Jour-
nal, p. 176.
Ante, p. 335,
chap. 176.

CHAPTEK 206.

ORDER REFERRING THE PETITION OF ELIAS GERROT TO BRING FOR-
WARD A WRIT OF REVIEW.

[Ox THE Petition of Elias Gerrot, \_ante, p. 335, chap. 176]
Ordered that the Consideration of this Petition be further refer'd

10 the first Thursday of the next Sitting of this Court. {^Passed

January 18.

CHAPTER 207.

ORDER ALLOWING A GUN TO JOEL JOHNSON.

Legislative
Records of the
Council, xix.,
123. Mass.
Archives,
Ixxiii., 269.

House Jour-
nal,pp. 112, 173.

A Petition of Joel Johnson, shewing that he lost a Gun, which
was his own Property, when he was taken Captiye by the Indian
Enemy; Praying that this Court would make him an Allowance
for the same.

Read and

Ordered that the Pef have liberty to recieve a good Gun out of
the publick Store, in consideration of the Loss sustain'd as above
mentioned. [^Passed January 18.

Legislative
Records of the
Council, xix.,
124. Mass.
Archives,
Ixxiii., 627.

House Jour-
nal, p. 176.
Province
Laws, xiii., 14j9,
chap. 50.

CHAPTER 208.

ORDER CONFIRMING A PLAT OF 100 ACRES OF LAND TO OLIVER HAY-
WARD, ESQK.

A Plat of One hundred Acres of Land, laid out to Oliver Hay-
ward Esq'' to fulfill a Grant, made to him, by the General Court in
1742, Lying on Cold Brook, being a Strip of Land, between Charle-
mont & the Province Line ; Surveyed by Timothy Child Jun' & two
Chain Men upon Oath.

Read and [report] Accepted and

Ordered that the Land herein delineated and described be and it
hereby is Confirmed to Oliver Hayward Esq"" His Heirs and Assigns
for ever. Provided the land herein Described Exceeds not the quan-
tity of the Grant and does not Interfere with any former Grant.
{^Passed January 19.

CHAPTER 209.

ORDER ALLOWING £17. 17. 8 TO CPT. JN^ HURSTON.

Legislative
Records of the
Council, xix.,
124. Mass.
Archives,
Ixxiii., 603.

Mass.
Archives,

A Petition of Cpt. John Hurston, Praying that he may be
allowed by this Court, the Ballance of his Accompt of billeting
his Company, raised for the Expedition against Cape Breton; Viz,
the sum of £17. 17. 8.

Read and

[oD Sess.] Province Laws {Resolves, etc.). — 1749-50. 347

Ordered that the Prayer of the Pet" be granted, and that the ixxiii.,603.
Comm^® of War pay to the Petitioner the Sum of Seventeen pounds nail^pp. iom'o-
Seventeen Shillings and Eight pence the Ball^ of the within Account La^s'xUi. 465
accordingly. \^Passed January 19. chap.'i.

CHAPTER 210.

VOTE APPOINTING W" BOLLAN, ESQ«, AGENT FOR THE PROVINCE IN

GREAT BRITAIN.

In the House of Rep"''" Rlfords'of the

AVhereas This Court have Judged it necessary that some suitable council, xix.,
person be appointed Agent for this Province in Great Britain for Archives^'
the following purposes Viz' To Sollicit the Payment of the charge cviii., 357.
of the intended Expedition against Canada ; and of the Cost of the House Jour-
Cloathing made use of by Admiral Knowles for His Majestys forces \nte,'^. m,
at Louisbourg and also of the charge of supporting Fort Dummer chap-i99-
and defending the Frontiers at New Hampshire, To make appli-
cation that the Government of Connecticut New Hampshire and
Rhode Island be oblig'd to a speedy and Equitable Redemption of
their Bills of Publick Credit.

To Represent the Encroachments made & making by the French
on his Majestys Territories on this Continent

To Inquire into the state of the Line between this Province and
Colony of Connecticut as formerly settled in order to have it Con-
firmed if not already done.

To make Application, That the several Governments on this Con-
tinent be obliged to bear a just proportion of men & money in case
of another War. As also to Sollicit the Exemption of Seamen and
others in this Government from Impresses on board any of His Maj-
estys Ships that may come into this Province.

Voted That a Message be sent to the Hon^'*^ Board desiring them
by Ballot to Joyn with the house in the choice of a suitable person
for the purposes aforesaid at Five o'Clock this afternoon.
In Council

Agreeable to the Message from the House of Rep^'*^^ before written
the Board Joyned with the House in the Election of an Agent;

And William BoUan Esq'' was duly chosen to that Trust by the
Major Vote of Council and House of Rep''®^ \^Passed January 19.

CHAPTEE 211.

ORDER ALLOWING TO JOS. GOLDTHWAITE THE WAGES DUE TO LIEUT.

BAZIL DIXWELL.

A Petition of Cpt. Joseph Goldthwait, shewing that his Lieu- Legislative
tenant, Basil Dixwell was taken sick, & died in the Service against council! xfi*^,^
Cape Breton, that the Petitioner paid the Charges of his Sickness ^^^-^^f^^^^-
& Funeral; & therefore Praying that the Committee of War may ixxiii., 626.
be directed to pay the Petitioner, out of the said Dixwells Wages, Mass. '

so much as shall appear due to him. bfxm.I^els.

Read and House'jour-

348

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 212, 213.]

nal, pp. 137, 152,
175. Province

1-5 Province Ordered that the Committee of War be directed to pay the Peti-
Law8,xiii.,465, tioiier what Wages are due to Lieutenaut Bazil Dixell within named
^ ^^' ' Deceased. [Passed Ja?mary 19.^

Legislative
Records of the
Council, xix.,
135.

Mass.
Archives,
xviii., .557, 558,
559. House
Journal,
pp. 167, 174, 175.
Province
Laws, ii., 151,
chap. 10.

CHAPTER 212.

ORDER IMPOWERING ELKANAH LEONARD, JUN^ & ELISABETH LEON-
ARD, GUARDIANS, TO SELL REAL ESTATE.

A Petition of Elkanah Leonard Jun'' & Elisabeth Leonard, Guar-
dians of Elkanah Leonard of Middleboro in the County of Plymouth
Esq"" a Person Non Compos, shewing that he is much in Debt to the
Persons particularly mentioned, who are very pressing for Payment;
And forasmuch as the Superior Court for that County is at a great
distance ; therefore Praying that this Court would impower them to
sell so much of the said Leonards Eeal Estate as will discharge the
Debts before mentioned :

Eead &

Ordered that the Petition" in their Capacity, as Guardians, be &
they hereby are authorized & impowered to make Sale of the said
Elkanahs Eeal Estate, to the Amount of Six thousand Pounds, Old
Tenor; to be applied towards the equitable Payment of the Debts
of the said Elkanahs, The Petition''" to attend the Eules prescribed
in the Law relating to the Sale of Land for the Payment of of "
Debts of Deceased & Non Compos Persons; & to Account with the
Judge of Probate for the County of Plymouth for their Doings
hereon; & the Petitioners are hereby impowered to pass & execute
a good & sufficient Deed or Deeds for the same. [Passed Jan-
iiary 19.^

CHAPTER 213.

VOTE IN REGARD TO THE CUSTODY OF THE PLYMOUTH COLONY

PATENT.

Legislative
Records of the
Council, xix.,
1-25.

Mass.

Archives, vi.,
69. House
Journal, p. 177.
Province
Laws, xii., 608,
chap. 95.

In Council; It being represented to this Board, that the Patent
of the Colony of New Plymouth is in the hands of Samuel Welles
Esq' being delivered to him, divers years since, for the Service of
this Governm*.

Voted that the said M' Welles be & hereby is directed to deliver,
to the Secretary, the said Patent; (Who after he has recorded the
same, is hereby directed to transmit the said Patent to ■ Josiah
Cotton Esq" Eegister of the County of Plymouth) & other publick
Papers which he may have in his Hands

[In the House of Eep"*^* Eead & Concur'd].* [Passed January 20.

* This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is January 20.

2 Sic.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 27.

* Inserted from Mass. Archives, vi., 69.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 349

CHAPTER 214.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON TETTICUT

AFFAIRS.

The Committee, to whom was referd the Petition of Benjamin Legislative
Washburn & others, a Committee of Tetticnt Precinct, consisting counc'if, xi^!^^
partly of Bridgwater, & partly of Middleboro, also the Petition^ of los. Mass.
Stephen David & Job Ahanton of said Teticut, Indians, having xiu., 5^^^'
considered the same, report that the Prayer of the said Benjamin Mass.
VVashburns Petition be so far granted as that the Fifteen Acres ^^f'^s^o^^gs.
of Land given by the said Job Ahanton to the said Precinct for xxxi.,66o. '
the Use of the Ministry there, & the five Acres given by James nail^^ppaX'm.
Thomas to the said Precinct, to erect their Meetinghouse on &c,
be confirmed to the said Precinct to ly for the Uses afore said for
ever; & that the said James Thomas have Liberty to sell to the
said Precinct, the Land described in the said Petition, containing
about forty eight Acres for the Settlem* of a Minister; That the
said Stephen David have Liberty to make Sale of the Land men-
tioned in his Petition, containing about eighty Acres, except fif-
teen Acres thereof lying on the Eoad leading from the House of
Benjamin White Esq'' to Simeon Leonards, which the said Ste-
phen before a Committee of the General Court, formerly declared
he would give to the Precinct for the Use of the Ministry, »& was
ordered by them where to be laid out, but seems unwilling to con-
firm; Which, if the said Stephen should finally refuse to do, the
Committee are of Opinion, that the said fifteen Acres should be
sold to the Precinct, if they desire to purchase the same, for the
Use aforesaid; & that the said Stephen have Liberty to sell the
Remainder, with a certain Tract of Land, under Lease, for eleven
years, to the highest Bidder; And tliat the said Job Ahanton have
Liberty to sell the Thirty Acres of Land mentioned in his Petition,
to the highest Bidder; The Produce thereof to be applied to the
Uses mentioned in the Petitions of the said Stephen & Job, The
Surplusage, if any, to be applied by their Guardians for their Com-
fort & Relief; And that the Guardians of those Indians assist them,
& take Care that Justice be done in the Sale of the Lands afore-
said : All which is humbly submitted

By Order of the Comm'"' J Quincy

Read &

Ordered that this Report be & hereby is Accepted. \^Passed
January 20.''

CHAPTER 215.

ORDER ALLOWING TO COLL. JOS'^ WILLARD A COMMISSION ON HIS

ACCOUNTS.

A Memorial of Coll. Josiah Willard setting forth his great Legislative
Trouble & Expence in providing for the Forces on the Western c^uncff, xix!^^
Frontiers for divers years past, as Sub Commissary; for which he 126. Mass.

J L ~ J y Archives

had no Allowance equal to his Care & Expence, & no Allowance ixxiii., 602.

' To sell land. See Mass. Archives citations.

- This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is January 4.

350

Province Laws (Resolves, etc.). — 1749-50. [Chaps. 216, 217.]

Mass.
Archives,
Ixxiii., 602.
House Jour-
nal, pp. 103, 174.
Ante, p. 86,
chap. 211.

at all for the last two years; And therefore Praying that this Court
would grant him a reasonable Satisfaction

Read and

Ordered that the Memorialist be allowed out of the publick Treas-
ury One and half per Cent on his Accounts relating to the affair
within mentioned. \Pa88ed January 20.

Legislative
Records of the
Council, xix.,
127. • Mass.
Archives, cii.,
454.

House Jour-
nal, p. 179.
Ante, p. 344,
chap. 200.

CHAPTER 21(3.

ORDER IN REGARD TO THE TAXES OF PERSONS LEAVING THE PROV-
INCE.

Whereas by the Vote of this Court of the 15'^ of January
Instant, the several Constables and Collectors through the Prov-
ince are restrained untill after the 30"" day of April next from
making distress on any of the Inhabitants for the Tax of the Year
1749 ; And whereas divers Persons may be gone out of the Prov-
ince before the said SO*"" day of April, It is therefore

Ordered that where any Person or Persons shall intend to leave
the Province before said 30* day of April, or shall be supposed to
have such Intention, and tlie Select Men or Assessors of the Town
of which such Person or Persons are or shall be Inhabitants or Resi-
dents shall require any Constable or Collector, to whom such Per-
son or I'ersons Tax is or may be committed to collect, to demand
Security for the Payment of the Sum that may be respectively due,
and if such Person or Persons shall refuse or neglect to give such
Security, the Collector shall be at Liberty to make distress, & every
Collector shall stand chargeable w''' such Person or Person's Tax, of
whom he is requir'd to demand Security as afores"^ Any thing in the
Vote of the 15"^ Inst' to the contrary notwithstanding. \_Passed
January 22.^

CHAPTER 217.

ORDER APPOINTING A COMMITTEE TO TAKE ACCOUNT OF THE TORN
AND DEFACED BILLS OF CREDIT IN THE TREASURY.

Legislative
Records of the
Council, xix.,
127. Mass.
Archives, cii.,
458.

House Jour-
nal, p. 180.

In the House of Rep^^^^

Ordered that M^ Speaker Col" Heath M' Allen M^ White and M""
Tyng with such as the Hon^'*^ Board shall Joyn be a Comm^* in the
recess of the Court to take an Account of the Torn and Defac'd
Bills in the Treasury. Burn them to Ashes and Report thereon

In Council Read & Concur'd & John Osborne Jacob Wendell,
Ezekiel Lewis, Andrew Oliver & Thomas Hutchinson Esq" are
Joined in the Affair. \^Passed January 23.

1 This date is according to Mass. Archives and the House Journal ; according to Leg-
islative Records of the Council the date is January 23.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 351

CHAPTER 218.

ORDER ALLOWING TO COLL WILLIAM WILLIAMS A COMMISSION ON HIS

ACCOUNT.

A Memorial of William Williams Esq^ shewing that he has been Legislative
Sub Commissary of the Forces in the County of Hampshire, for couifcif, xixll^
divers years past, for which he has had no Allowance from this 127. Mass.
Court, Praying to be allowed proper Satisfaction for his Care & ixxiii., 624.
Trouble in the said Business: House Jour-

Read and nai, pp. 174, m.

Ordered that the Memorialist be allowed out of the publick Treas-
ury for his Services abovementioned, two and an half per Cent on
the Amount of his account. [Passed January 23.

CHAPTER 219.

VOTE GRANTING TO MR AGENT BOLLAN £500. Legislative

Records of the

Voted that the Treasurer be directed to furnish M^ Agent Bollan m ^Mass!^'
in the best manner He can, with the Sum of five hundred pounds f^^^^^^' ^^'
Sterling to Enable him to transact the Affairs of His Agency at the House jour —
Court of Great Britain. [Passed January 25. nai, pp. 182, iss.

CHAPTER 220.

ORDER IMPOWERING EBEN'' PIERPOINT AND EBENEZER PIERPOINT,
JUNB, TO SELL LANDS AND EXECUTE DEEDS THEREFOR.

A Memorial of Ebenezer Pierpoint, & Ebenezer Peirpoint Jun'' Legislative
his Son both of Roxbury, shewing that the late Governor Dudley, coumii, xix.,
by his last Will and Testament, gave unto Ann Hilton (now de- ArcM^vesf"

ceased) Motlier to the Petition'' Ebenezer Pierpoint Jun'' 200 ' Acres xviu., 504.

of Land in the Town of Oxford; Which Land seems, by the Words Mass.
of the Will, to be entailed, But forasmuch as it appears most prob- xvm.^loi
able, that was not the Intention of the Testator, Therefore Praying nai"pp''i° 9^179
that this Court would free them from that Burthen & Incumbrance.

Read and

Ordered that the Prayer of the Pet" be granted And the Pet" are
allowed and impowered to Sell the abovementioned Lands and Exe-
cute Deeds thereof accordingly. [Passed January 25.

CHAPTER 221.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION
OF THE EASTERLY PART OF LEICESTER IN REGARD TO HIGHWAYS.

A Petition of Daniel Denny & others, a Committee of the Town Legislative
of Leicester, setting forth the great Difficulties the said Town is cmS,''**''®
under, more especially in respect to their laying out & repairing 129. Ma

* "250," in State Library copy, Legislative Records of the Council, xix., 136.

XIX.

SB.

352

Province Laws (Hesolv^s, etc.). — 1749-50. [Chap. 222.]

Archives, cxv.,
547.

Mass.

Archives, cxv.,
546. House
Jovirnal, p. 181.

High ways, by reason of the Westerly Part being set off as a Pre-
cinct only, Praying that it may be set off as a Town, or some other
Eemedy applied for accommodating the Differences arisen between
the two Precincts

Eead and

Ordered that the Pef^ serve the Westerly Precinct in Leicester
with a copy of this Pet° that they shew cause if any they have on
the Second fryday of the next Sitting of this Court why the Prayer
thereof should not be granted And all Processes are Staid in the
mean time. [Passed January 25.

CHAPTER 222.

Legislative
Records of the
Council, xix.,
129. Mass.
Archives, xcii.,
32.

House Jour-
nal, p. 138.

ORDER ALLOWING CERTAIN SUMS AND GUNS TO MEMBERS OF THE
LATE GARRISON AT FORT MASSACH'^'^.

A Petition of John Hawk in behalf of the Officers & Soldiers
that were taken at Fort Massachusets, setting forth their good
Behaviour in the Defence thereof, & the Necessity they were under
of surrendring ; shewing also their Sufferings in their Captivity ; &
Praying for the compassionate Consideration of this Court for their
Relief ; A Muster Roll of the Wages of said Garrison being presented
therewith.

Read and

Ordered that the following allowance be made the several Persons
herein mentioned Viz*^ to Each Man or their Rep"''* the Sum annexed
to his Name

fTo John Hawks £21. 15. 1

Stephen Scott 16. 12. 2

I John Smead ......... 16. 16. 7

j John Smead Jun'' 10. 6. 3

1 Daniel Smead 11. 18. 5

John Perry 16. 12. 2

Moses Scott 16. 12. 2

Joseph Scott 18. 0. 3

And that the Commissary Gen^ be directed to deliver to each of
the abovenamed Men a Gun out of the Province Store except John
Hawks Who has already rec'd one.

The above Sums and Guns to be d** to Timothy Dwight Esq'' for
the Use of the abovenamed Persons.

Ordered also that there be paid to M' Samuel Witt for the Use
of the afternamed Persons or their Rep"*^* the following Sums Viz.

r To Nathaniel Ames £4. 0. 4

19. 10 \ To David Warren 16. 5. 11

12. 13. 7

£128. 13. Id

£32.

To Jacob Shephard

And that the abovenamed Nath' Ames and Jacob Shephard be
allowed each a Gun out of the Province Store.

It is also further

Ordered that the following Sums be paid to Cap Sam' Chamber-
layne for the Use of the persons hereafternamed Viz.

To Ebenczer Gould
Bcni> Fassett .
Natii' Hunt

£0. 10. 0
0. 15. 0
0. 12. 6

in full for horse hire when they were carryed from Fort Massachu-
setts Sick.' \Passed January 25."^

• The final action on this petition not found in the House Journal.

^ The Mass. Archives does not give the record of the final action in the Council.

[3d Sess.] Province Laws {Mesolves, etc.). — 1749-50. 353

CHAPTER 223.

VOTE FOR FOUR TOWNSHIPS FOR SETTLING FOREIGN PROTESTANTS.

Voted that there be four Townships allowed, for forrein Protestants Legislative
to settle in; viz, Two in the Western, & two in the Eastern Parts of counclf, xlx^f

this Province; that each Township shall be settled with One hundred ]^

& twenty Settlers, such Settlers to be so many distinct Families ; single Mass.
Men of the Age of twenty one years, who shall actually settle, to be 48. Legi'sia! '*
accounted as Part of the Number; The two Western Townships to ti^e^ckmncii^ °*
be the Eastermost Township lately laid out at or near Fort Massa- xix., 115.
chusets, & the other to ly East thereof, & to contain the Quantity naTp^ iss?"^"
of seven miles square; This Township to extend East & West from ^awsTif. 558
Charlemont to the Township afore said, & North & South, to make note. '
up the Quantity of seven miles square, as afore said. The Eastern
Townships to contain six miles square each, & that in order to their
being laid out, a Survey be made from Sebago Pond to the Head of
Berwick : That these two Townships be laid out contiguous to some
Township already laid out there ; And that there be a Reserve of
Two hundred Acres in each of said four Townships; Which is
hereby granted to M'' Joseph Crellius, on Condition that he im-
port or cause to be imported & settled, in each of said Townships,
in three years from this time. One hundred & twenty Protestant
Settlers, as aforesaid; Also that there be reserved Two hundred
Acres, for the Use of tlie Government, where Fort Massachusets
stands: And that all the Remainder of said four Townships be
granted to On,e hundred & twenty Settlers in a Township; Pro-
vided that they make One hundred & twenty three Shares in a
Township ; viz : One for the first settled Minister, one for the Min-
istry, & one for a School; Provided also that they settle in each
Town a learned Protestant Minister in five years from this time ;
Always provided that the said four Townships be severally settled
with One hundred & twenty such Settlers in three years from such
time; Provided further, that each Settler, by himself, or some other
Family, shall remain on his Settlement for the space of seven years;
or his Share shall revert to the Province, & may by the (rovernm'
be disposed of to some other Person. [Passed January 25.^

CHAPTER 224.

ORDER ALLOWING £1,000 FOR THE REPAIRS OF THE COURT HOUSE. Legislative

Records of the
Council, xix.,

Ordered that the Treasurer be directed to deliver the Committee i3i. Mass.
appointed to take care of the repairs [of] ^ the Town house &c the xUx.Jel.'
Sum of One thousand pounds Lawful Money to be by them paid House Jour-
to the Workmen &c W^ho have performd that Service. ^n^ie^'p^^iio

The said Comm"** to be accountable for their doings to this Court, chap'. 276.
\Pa8sed January 26.

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

' Inserted from Legislative Records of the Council, xix., 131.

354

Province Jjxwb {Resolves, etc.). — 1749-50. [Chaps. 225-228.]

Legislative
Records of the
Council, xix.,
131. Mass.
Archives, xx.,
602.

House Jour-
nal, p. 186.
Ante, p. 347,
chap. 210.

CHAPTEE 225.

VOTE DIRECTING THE COMISSARY GENERAL TO PROVIDE FOR THE
VOYAGE OF M" AGENT BOLLAN.

Voted that the Commissary General be directed to procure a
Passage and Make suitable Provision for M'' Agent Bollan for his
intended Voyage to Great Britain. [^Passed January 26.

CHAPTER 226

Legislative
Records of the
Council, xix.,
131.

House Jour-
nal, p. 186.
Ante, p. 175,
chap. 91.

ORDER ALLOWING 2/ 6 PER DIEM TO THE CLERK OF THE HOUSE.

Ordered that the Clerk of the House be allowed out of the pub-
lick Treasury, Two shillings & six pence per Diem from the Open-
ing of the Session on the thirty first day of May last, to the End of
the present Year, during the Sessions of the Court, over & above,
his usual Grant. [^Passed January 26.

CHAPTER 227.

Legislative
Records of the
Council, xix.,
131. Mass.
Archives, cv.,
340.

Mass.

Archives, cv.,
339. House
Journal,
pp. 137, 183".

ORDER ALLOWING £15 TO JOSEPH BANE.

A Memorial of Joseph Bane setting forth his long & faithful
Services as Interpreter of the Indian Language, & that his Allow-
ance is not sufficient for his support in his advanced Age, And there-
fore Praying that this Court would make some Addition to his Wages.

Read and

Ordered that the Treasurer be directed to pay to Cap* Thomas
Saunders, for the Use of the Memorialist the Sum of fifteen pounds
Bills of the last Emission in consideration of his Services within
mentioned. \^Passed January 26.

CHAPTER 228

Legislative
Records of the
Council, xix.,
132.

Mass.
Archives,
Ixiv., 350, 3.^6.
House Jour-
nal, pp. 1.54, 157,
167. Province
Laws, iii., 557,
note.

VOTE GRANTING THE USE OF THE MASSACHUSETTS FRIGATE TO JOSH.
WINSLOW, ESQ^ & OTHERS.

A Petition of Joshua Winslow Esq"" & others, Merchants in Bos-
ton, Proposing to this Court, In case they may have the Use of the
Ship Massachusets Frigate, upon Terms particularly mentioned in
their Petition, to employ her in a Voyage to Ireland, for transporting
Protestants of that Country into this Province; & Praying that they
may be allowed the use of the s'^ Ship for that purpose accordingly.

Read &

Voted that the Ship Massachusets Frigate, with the Tackling &
Furniture, as they ly (Warlike Stores & Artillery, with such other
Stores as the Committee of this Court shall Judge unnecessary, for

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 355

the Voyage, excepted) shall be apprized by three judicious Men upon
Oath ; For which apprized Value, the Petition" shall give Security
to the Province Treasurer, to pay in case of Loss, & for the Per-
formance of the several Articles in this Vote; After which they
shall at their own Cost & Expence fit the said Ship for the Sea,
& order some skilful Person (giving the Preference to Cpt. Moses
Bennet, provided they can agree with him on like Terms as with
an other[)] ' to proceed with her to the North Part of Ireland; From
whence they shall cause to be brought in said Ship, not less than
Three hundred, nor more than Five hundred & fifty forrein Prot-
estants (of which Number there shall be at least thirty Families)
& shall land the same in some part of this Province (the Danger
of the Seas & Mortality excepted) & shall within thirty days after
her Arrival at Boston, deliver up the said Ship to the Treasurer,
or any Committee that shall be appointed by this Court to receive
her, together with all her Tackle, Stores & Appurtenances, Agre-
able to an Inventory which shall be taken by the Master of said
Ship after she is fitted, & before she sails from Boston, & shall be
lodged with tlie Treasurer (Ordinary Wear & Tear excepted;) Pro-
vided nevertheless that in case the Ship should during the Voyage,
(which shall be limited to twelve months from this time) meet with
any Loss or extraordinary Damage the said Petition""* shall make good
the same to the Province, & shall give Security to the Treasurer ac-
cordingly. [Passed January 26.

CHAPTER 229.

ORDER ALLOWING £93. 18. 2 TO D^ W=^' RAND.

A Petition of D' William Kand, shewing that about the time of Rgfords^of tj^
the Expedition against Cape Breton, the Sheriff of the County of Council, xix.,
Suffolk put under his Care, a sick French Prisoner, named Andrew Archives^.'^cv.,

Dumary, that he remained sick near a Year at the Petition" House, '^^

& under his Care; And forasmuch as he has not yet received any Mass.
Consideration for his Trouble & Expence, Praying that his Account 347. Hou'se "'
may be allow'd. X'A..

Read and

Ordered that the Prayer of the Pet"^ be granted. And that the
Treasurer be directed to pay the Petitioner the Sum of Ninety
three pounds, Eighteen shillings and two pence in Bills of the last
Emission in full for his Account in attending Andrew Dumereys
a French Prisoner from June 2. 1746 to April 29"" 1747. \Passed
January 26.

CHAPTER 230.

ORDER ALLOWING £120. 12. 9 TO THE COMMITTEE ON VALUATION.

Several Accompts of Clerks employed by a Committee of the Legislative
House of Represeut^'=" for preparing a Valuation of the Estates of councff, xfx!!^
the several Towns in the Province, Amounting in the Whole to the i33^

Sum of £120. 12. 9. House Jour-

nal, p. 183a.

' Inserted from the State Library copy, Legislative Records of the Council, xix., 140.

356

Province Laws (Hesolves, etc.). — 1749-50. [Chaps. 231, 232.]

Eead &

Oi'dered that the Treasurer be directed to deliver to the Chair
man of the Committee of Valuation, the sum of One hundred &
twenty Pounds twelve shillings & nine pence Bills of the last Emis-
sion, by him to be paid to the Persons, to whom it is due, for cast-
ing up & footing the Valuation of the several Towns in the Province.
\_Passed January 26.

CHAPTER 231.

Legislative
Records of the
Council, xix.,
133.

House Jour-
nal, p. 18-2a.
Province
Laws, iii., 341,
note.

VOTE APPOINTING GUARDIANS TO THE INDIAN PROPRIETb^ OF LANDS

AT FREETOWN.

Voted that M' John Winslow, Samuel White Esq' k Stephen
Chase be the Guardians over the Indians that are Proprietors of
Lands within the Town of Freetown; & that the said Guardians
be fully impowered to take Care of said Lands, »& suffer no Person
to cut off any Timber on said Lands, unless it be by their Consent
& Allowance; & that the Produce of their Lands, or what their
Timber may sell for be improved for the Support of the said Indians,
as they may stand in need thereof ; The said Guardians to render an
Account of their Proceedings to this Court once in two Years during
their Continuance in said Trust. \^Passed January 26.

CHAPTER 232.

Legislative
Records of the
Council, xix.,
74, 136. Mass.
Archives, xiii.,
55.

Legislative
Records of the
Council, xix.,
95. House
Journal,
pp. 107, 140, 186.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF DIVERS INHARTs OF LYN & CHELSEA TO BE ERECTED INTO
A SEPARATE PRECINCT.

A Petition of Thomas Chever, Thomas Baker & others, In-
habitants of the Towns of Lyn & Chelsea, setting forth their Dis-
advantages for attending the publick Worship in tlieir respective
Towns; which has obliged them to support tlie Ministry among
them selves, for sometime past; And therefore Praying that a Com-
mittee of this Court may be appointed to consider & report their
Circumstances.

The Committee, to whom was refer'd the Petition of Thomas
Chever and sundry others. Inhabitants & Proprietors of the Town-
ships of Lyn & Chelsea, Desiring to be set off & formed into a dis-
tinct Precinct or Parish, Having heard the Parties & fully considered
the same. Are of Opinion that the Petition be so far granted, as that
the Persons & Estates within the Boundaries in the Petition set forth,
(Excepting those Persons & Estates in & by said Petition excepted,
& also Excepting the Estate of Nathan' Oliver Esq"" comprized within
said Boundaries) be set off as a distinct Precinct or Parish, & be vested
with all Precinct or Parish Priviledges accordingly: By Order

of the Comm*^® Sylvanus Bourn

Eead &

Ordered that this Eeport be & hereby is Accepted. \^Passed
January 26. '

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is January 27.

[3d Sess.] Province Laws {Hesolves, etc.). — 1749-50. 357

CHAPTEK 233.

VOTE REFERRING ALL UNFINISHED MATTERS. Legislative

Records of the
Council, xix.,

Voted that all Matters which have Day at this Session & not ^ ,

finished be refer'd to the same Day in the next Sitting of this House Jour-
Court. [Passed January 27.^ na,p-

CHAPTEK 234.

VOTE IMPOWERING M^ AGENT BOLLAN TO RECEIVE MONEYS DUE THE

PROVINCE &c.

Voted that the Hon*^'® Spencer Phips Esq"" Lieut. Governor & Com- Legislative
mander in Chief, Josiah Willard Esq'' the Secretary of the Province councif xix'^'^
& Thomas Hubbard Esq"" Speaker pro Tempore, be impowered, in the i3--
Name & Behalf of the Province, to sign & deliver a proper Deed or Mass.
Instrument, with the Seal of the Province thereto affixed, authoriz- 607?^Hou8e^''
ing & impowering William Bollan Esq'' Agent for this Province, to ^^'^e'^p''3^7^^^'
solicit, demand & receive, & give Discharge for any sum or sums of chap! 210.
Money, Justly due to this Province, in Great Britain, or that are or
may be granted by Parliament : And the said William Bollan is hereby
directed to lodge any sum or sums, so received, in the Bank of Eng-
land for the further Order of the General Court of this Province
according to such Instructions as he has received or shall receive
from this Government. [Passed January 27.'^

CHAPTER 235.

ORDER ADJOURNING THE COURTS OF BARNSTABLE COUNTY.

Whereas the Court of General Sessions of the Peace & Inferior Legislative
Court of Common Pleas for the County of Barnstable, appointed counclf xixl^^
by Law to be held on the third Tuesday of January Instant, was by is^-
this Court adjourned to the third Tuesday of February next; which House Jour-
happens to be so near to the next Session of the said Courts in the province '
said County, that it is apprehended, considerable Charge may be ^^^J'^^-'i^'
saved to said County if the said Court should be further adjourned note,
to the Time of their next Sitting; Therefore

Ordered that the said Courts of General Sessions of the Peace
& Inferior Court of Common Pleas, which were by this Court ad-
journed to the said third Tuesday of February next be & hereby
are further adjourned to the third Tuesday of March next; & All
Persons whom this Order may concern are to govern them selves
accordingly. [Passed January 27.

* This date is according to the House Journal ; according to Legislative Records of the
Council the date is January 26.

^ This date is according to Mass. Archives; according to Legislative Records of the
Council and the House Journal the date is January 26.

358

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 236, 237.]

Legislative
Records of tiie
Council, xix.,
134. Mass.
Archives,
Ixiv., 361.

House Jour-
nal, pp. 17, ISS.
Province
Laws, iii., 557,
note. Ante,
p. 3.i4, chap.
2-28.

CHAPTER 236.

ORDER SUBSTITUTING MR TYNG FOR THOMAS FOSTER ON THE COM-
MITTEE FOR DISPOSING OF THE MASSACHUSETTS FRIGATE.

Ordered that the Comm®'' heretofore app''^'^ to dispose of the Mass^
Frigate, be impowered to carry the Vote of this Court into Execu-
tion passd this Session respecting said Ship.

And that M' Tyng be of the Comni'^'' in the room of Thomas
Foster Esq'' who desires to be Excused from that Service. \^Passed
January 27.

CHAPTER 237.

Legislative
Records of the
Council, xix.,
134. Mass.
Archives, cii.,
457.

Mass.

Archives, cii.,
455. Legisla-
tive Records of
the Council,
xix., 111.
House Jour-
nal, p. 156.

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON THE CIRCULA-
TION OF ENGLISH HALF PENCE & FARTHINGS.

The Committee appointed to jirepare a Bill for restraining the
Currency of Half pence & Farthings & coined Silver & Gold at any
higher Eate, than in proportion to Mill'd Dollars at Six shillings, &,
to consider some Method for providing Change, having attended the
Service, so far as the other Business of the Court would admit; &
being apprehensive that the latter Part of their Commission is of
the most immediate Necessity; With respect to that. Humbly report.
That a Committee be appointed by this Court, & be impowered &
directed forthwith to cause to be struck off & sign'd as soon as may
be. Small Bills of the Form, & Denominations following; viz. One
Quarter Dollar, Eighteen pence. Lawful Money of the Massachusets
Bay-

A. B. Committee:'

And that there be likewise the several Denominations of One
Eighth of a Dollar or Nine pence. One Twelfth of a Dollar or
Six pence ; One Sixteenth of a Dollar or Four pence half peny. One
Twenty fourth of a Dollar or Three pence One Seventy second of
a Dollar or One peny: And that there be such a Proi3ortion of
each Denomination as the Committee think best; & that the whole
Sum amount to, & do not exceed Three thousand Pounds Lawful
Money; And that the same be delivered to the Treasurer, & that
he pay the same out of the Treasury in Exchange for the Bills of
Credit now outstanding, or in Discharge of any Warrants drawn on
him by such Persons as are willing to receive the same at Par with
lawful Money; & that he likewise pay out the same in Exchange for
Milled Dollars to such Persons as are desirous thereof. The Com-
mittee further Report That in Order effectually to establish the
Value of said Bills, the Treasurer be directed to reserve in his
Hands the sum of Three thousand Pounds in Milled Dollars at
Six shillings per Dollar, to be & remain as a Fund & Security for
the Bills aforesaid; And whensoever any Possessor of the said Bills
shall bring to the Treasurer any sums that shall be equal to One,
Two, or any other Number of Dollars he shall be obliged forthwith
to exchange the said Bills with Dollars, according to their Denom-

1 The words "One Quarter dollar . . . committee" are underlined in Legislative Rec-
ords of the Council, xix., 134. For the committee, see^os^, p. 359, chap. 238. This arrange-
ment is according to Mass. Archives, cii., 455.

[3d Sess.] Province Laws {Eesolves, etc.). — 1749-50. 359

ination. The Committee ask Leave to sit again & prepare a Bill agre-
able to the first Part of their Commission, & report the same at the
next Sitting of the Court. W'^'^ is humbly submitted.

By Order of the Committee, Sam'' Danfoeth

Read & Accepted.' \^Passed January 27.

CHAPTER 238,

VOTE APPOINTING A C0MM7^'^ FOR MAKING, PRINTING, AND SIGNING Legislative

SMALL BILLS OF CREDIT. Records of the

. Council, XIX.,

In ConCll 135- Mass.

Voted that Samuel Watts, John Quincy & Thomas Hutchinson 46o? '^^^' ''
Esq""^ with four other Gentlemen to be appointed by the Hon^'® House Jour.
House of Represent'' '^^ be a Committee to take Care of the mak- "^'^ P; ^^^■
ing, printing & signing the Bills of Credit this Day ordered by 237.
this Court to be issued for the Convenience of Change &c, The
Eighteen Peny & nine peny Bills to be sign'd by two Hands, The
Remainder to be sign'd by one Hand only
In the House of Rep"*^*

Read and Concurd and Col Cotton Col Heath M' Boardman &
M^ Russell are Joyned in the xiffair. \^Passed January 27.

CHAPTER 239.

ORDER ALLOWING £600 TO AYLMER GREVIL.

A Petition of Aylmer Greville, shewing that soon after the Ex- Legislative
piration of the late War, he brought, from Louisbourgh to Boston, counclf, x*i^,^
a considerable Number of English Prisoners, belonging to this Prov- ^5. Mass.
ince, sent from Canada, & victualled them on their Passage ; for which ixxiu., 635.
he has as yet had no Satisfaction ; Praying for Payment for said Ser- Mass.
vice by this Court. t'i^;^6.

Read and

Ordered that the Pet^ be allowed out of the publick Treasury the
Sum of Six hundred pounds Old ten"^ in full consideration for his
Services within mentioned.'' [Passed January 27.

CHAPTER 240.

ORDER DIRECTING THE COMMISSARY GENERAL TO FURNISH CLOTHING Legislative

FOR THREE PIGWACKET INDIAN CHILDREN. Records of the

Council, xix.,
136. Mass.

Ordered that the Commissary Gen* be directed to prepare neces- xxxl'^IsI
sary Cloathing for the three Pigwacket Children going home in ^ gq^gg j^^r —
Cap' Saunders. [Passed January 27.* nai, p. 182.

* The final action on this chapter not found in the House Journal.
^ Not found in the House Journal.

^ Sic, in all four records.

* There seems to be some discrepancy in the records in regard to the date of this chapter;
that of Legislative Records of the Council has been taken.

360

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 241-243.]

CHAPTEE 241.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF JOHN OULTON, ESQ«.

Legislative
Records of the
Council, xix.,
91, 136.

House Jour-
nal, pp.95, 96,
127. Ante,
p. 293, chap. 82.

EzEKiEL Lewis Esq^ from a Committee on the Petition of John
Oulton Esq" gave in the following Eeport : Which was Accepted
by both Houses, with Amendments, & Signed by the Lieuten* Gov-
ernor; And (as Amended) is as follows; viz,

The Committee, to whom was refer'd the Consideration of the
Petition [ajife, p. 293, chap. 82] of John Oulton Esq'' & the Answer
of William Knox, Having attended that Service, & fully heard the
Parties, & maturely considered the same, are of Opinion That the
Prayer thereof be granted; & said Oulton be enabled to plead to
the Writ, at the next Inferior Court for the County of Suffolk; And
that the Justices of the said Court be impowered & directed to hear
& try the said Cause, & give Judgment thereon ; & that the past Judg-
ment & Execution thereon be superseded & made void. Provided said
Oulton give Bond, with sufficient Sureties, to the Sherif of the County
of Suffolk, to pay such sums, as shall be finally recovered of him,
with Interest therefor to the time when Judgment shall be made
up: All which is humbly submitted.

In the Name & by Order of the Comm*^^ Ezek. Lewis

Ordered that this Eeport be Accepted. [Passed January 27.

CHAPTER 242

ORDER ALLOWING £651. 9. 5i TO WM BOLLAN AGENT.

Mass.

Archives, xx.,
606.

Mass.

Arcliives, XX.,
610. House

Anu'v'su^^^' Ordered that the. Treasurer be directed to Pay W™ Bollan Esq--

chap! 166. ' the Ball'' of his Ace' being £651. 9. 5^ Sterling out of the Money

Eec'd for Impost & Tunnage of Shipping &c. [Passed Jamiary 27.^

CHAPTER 243.

ORDER ALLOWING A GUN TO JACOB WHITE.

Legislative
Records of the
Council, xix.,
139. Mass.
Archives,
Ixxiii., 652.

Mass.
Archives,
Ixxiii., 6.51.
House Jour-
nal, p. 193.

A Petition of Jacob White of Wrentham, Praying that he may
be allowed for a good Gun, belonging to him, which his Apprentice,
William Bragg had with him when he was killed by the Indian Enemy.

Eead and

Ordered that the Commissary Gen* be directed to deliver to M'
Josiah White a good Gun out of the Province Store for the Service
of the within named Jacob White in satisfaction of the Loss within
mentioned. [Passed March 23.

' Adjourned to March 22. See Legislative Records of the Council, xix., 137.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 361

CHAPTER 244.

ORDER ALLOWING £22 TO JOS. DAVIS.

A Petition of Joseph Davis of Marblehead, setting forth his Legislative
Services in the late Expedition, & his Losses & Sufferings in a councif, x^x!*,^
long Captivity, being taken while in the Service, Praying for an ^9- Mass.
Allowance from this Court. ixxiii., 339.

Eead and in answer to this Petition Mass.

Ordered that the Sum of twenty two pounds be allowed out of the i^^^'jj^ 337
publick Treasury to M'' Bayley Rep"^ of Marblehead for the Use of House'jour-

* * -, . n&l iiD 192 194-

the Pef in consideration of his Services & Sufferings within men- '

tioned. [Passed March 24.

CHAPTER 245.

ORDER IMPOWERING ELISAB^" NEWTON TO RECEIVE THE WAGES &c

OF HER HUSBAND.

A Petition of Elisabeth Newton, Widow of Joseph Newton Jun' Legislative
of Marlboro, shewing that her said Husband, being in the publick councif.xix.!^
Service, died Insolvent, leaving no other Estate than his wearing ^rchives^^'
Apparel, Five Pounds Wages yet due, & a Bible, leaving also one ixxiii., 648.
Child an Infant, Praying that the Petition'' & her said Child may Mass.
have the Benefit of what is left without the Charge of an Admin- bc^m.I^^^e.

istration. House Joui--

nal, p. 193.
Kead and

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

is allowed and impowered to recieve the within written Articles

accordingly. She to be accountable. [Passed March 24.

CHAPTER 24(3.

ORDER GRANTING TO JOS. BRADDISH LICENCE TO KEEP A TAVERN.

A Petition of Joseph ' Braddish of Cambridge, shewing that ^^*^'^l^%®th
he has purchased the House in said Town, where Joseph Bean now councii, xix.,
dwells, which has for many years past been used as a Tavern, which Archives^^cxi.,

the said Bean is obliged to quit. Praying therefore that this Court ']^

would impower the Court of General Sessions of the Peace to grant Mass.

him a Licence to keep a Tavern in said House. 194, 1%. House

Read and Journal, p. 191.

Ordered that the Justices of the Gen' Sessions of the Peace to
be holden at Charlestown in the County of Middlesex on the third
tuesday of April next by adjournment be impowered to grant the
Pef a Licence (if they See cause) to keep a House of publick Enter-
tainment in said Town, the time for granting Licences being elapsed
notwithstanding. [Passed March 26.

* " Ebenezer," in Mass. Archives, cxi., 194.

362

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 247, 248.]

CHAPTEE 247

Legislative
Records of the
Council, xix.,
140. Mass.
Archives,
xlvi., 202.

Mass.
Archives,
xlvi., 202, 203,
•204. House
Journal, pp.88,
196.

ORDER GRANTING 125 ACRES OF LAND TO TIM" STERNS.

K Petition of Timothy Sterns, shewing that liis Grand father
was a Soldier in the Narraganset War, that his Descendants have
had no Allowance with the other Descendents of the Naraganset
Soldiers, that the Petitioner being a poor Man & destitute of any
Land to live upon, settled him self on a Piece of Province Land,
of the Contents of about One hundred & twenty five Acres; which
He has got surveyed by a sworn Survey'' Praying for a Confirmation
thereof according to the Plat herewith returned

A Plat of One hundred & twenty five Acres of Land, surveyed
by Joseph Wilder Jun'' Esq'' & Chain men upon Oath lying betwixt
Leominster and Narraganset Number Two; Bounded as follows; viz.
Beginning at a Stake & Heap of Stones, in Leominster West Line,
(which is the North West Corner;) thence running North 34 Deg.
East; with said Leominster Line, eighty rods to a Beach, (the North
east Corner,) standing in said Line, then North 44 Deg. West, One
hundred & seventy two rods to a Stake & Heap of Stones, standing
in the West Line of Whites Farm, on the North Angle; thence run-
ning West 8 Deg. South (with the said Farm) seventy four rods to
a white Oak (a Corner of said Farm) thence West 5 Deg. South,
forty four rods to a white Pine Tree, by Province Land ; from thence
South 52 Deg. East, sixty tAvo rods to a Chesnut Tree; thence East
33 Deg. South, near Leeks Farm, one hundred fifty two rods, to the
Place where it began : Surveyed at the Desire of Timothy Sterns

Eead and

Ordered that the Prayer of the Pef^ be so far granted as that the
land described in the Plan hereto Annexed be granted to the Pet'
His Heirs & Assigns forever. Provided it does not exceed the Quan-
tity of One hundred and twenty five Acres and does not interfere
with any former Grant. Provided also that a convenient Road be
always reserved and kept open through the same from Leominster
to Narragansett Number. 2. [^Passed March 27.

Legislative
Records of the
Council, xix.,
141. Mass.
Archives,
xviii., 602.

Mass.
Archives,
xviii., 600.
House Jour-
nal, p. 196.
Ante, p. 290,
chap. 72.

CHAPTER 248.

ORDER REFERRING THE HEARING ON THE PETITION OF JN" AND

SARAH LIDDEL.

Ordered that the Hearing on the Petition of John »& Sarah Liddel
[(] 'appointed to be had To Morrow) be refer'd over to the first Tues-
day of the next May Session. \^Passed March 37.

* Inserted from Legislative Records of the Council, xix., 141.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 363

CHAPTER 249.

ORDER APPOINTING A COMM"^™ TO EXAMINE ABOUT TAXES DUE IN
THE COUNTY OF BRISTOL.

Ordered that Cap*^ White Cap' Tyler aud M' Winslow be a Comm^* R^^*^!f*%^ h
to Examine what Money the Executors of Charles Church Esq' late councif, xix.f
Sheriff of Bristol have in their hands: what Money the Constables ArcM^esTcii.,
have in their hands ; And what Money is still due from the People ^^-
who were Taxed by this Province. House Jour-

And report to this Court thereon. ^^nte^i^m]^^'

Ordered also that the Committee recieve from James Williams ^'^^p-^^-
Esq" the papers in his hands respecting that Affair. [Passed
March 27.

CHAPTEI^ 250.

ORDER IMPOWERING SARAH SHILLABER, ADMINISTRATRIX, TO EXE-
CUTE A DEED.

A Petition of Sarah Shillaber of Salem, Adminisf" of William Legislative
Shillaber Dec'' shewing that the said AVilliam sold to Samuel Bell gSxix!!^
one Common Right in the Pasture called the great Pasture in said ¥^-,^-^'^^^-
Town, & received the Consideration Money, but died before he had xviii., 567.
executed the Deed for the Land, Praying that the Petitioner may Mass.
be impowered to execute the said Deed. xvm^lee

Read and kouseJour-

Ordered that the Prayer of the Pet" be granted and that the Pef
be and she is hereby allowed and Impowered in her said Capacity to
Execute a good Deed of the common Right within mentioned to the
within named Samuel Bell accordingly. \^Passed March 21 .^

nal, p. 191.

CHAPTER 251.

ORDER IMPOWERING BENJ^ TRAY, INDIAN, TO SELL LAND.

A Petition of Benjamin Tray of Natick, Praying for Liberty Legislative
to sell Thirty Acres of Land, lying at a Distance from his Dwelling- coundf, 'xix'^f
house, for Payment of his Debts, Repairing his House, & Procuring i44. Mass.
sundry necessaries : Which Petition is recommended by two of xxxi., eei

the Guardians of the Natick Indians; Legislative

Read and councif xviu^

Ordered that the Prayer of the Pet° be so far granted as that the 43. House '^
Pef be allowed and Impowered with the Advice and Assistance of (.januar'yf'
the Guardians of the Indians to Sell the thirty Acres abovemen- ^'^*^^ • p- ^^^•
tioned for the most the same will fetch. The said Guardians to
take effectual care that the produce of said land be duely applyed
to the purposes abovementioned. \Passed March 29.

■ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is March 31.

364

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 252-254.]

CHAPTEK 252.

ORDER GRANTING TO BENJ^ BICKNER LICENCE TO KEEP A TAVERN.

Legislative
Records of the
Council, xix.,
144. Mass.
Archives, cxi.,
193.

Archives, cxi.,
192. House

A Petition of Benjamin Bickner of Boston, shewing that he is
about to remove into the House called the Dolphin Tavern in said
Town ; which has been of great Use for the Entertainm* of Fisher-
men & Coasters; & foras much as the Custom of the House may be
lost, if it be not speedily licenced, therefore Praying that the Court
of General Sessions of the Peace for the County of Suffolk may be
Journal, p. 200. jj^powered to Licence the Petitioner at their next Term.

Eead &

Ordered that the Prayer of the Petition be granted & the Justices
of the Court of General Sessions of the Peace for the County of
Suffolk, are hereby impowered at their next Session to grant the
Petitioner a Licence to keep Tavern, he first obtaining the Approba-
tion of the Select Men of the Town of Boston. \^Passed March 29.

CHAPTER 253.

ORDER ALLOWING WAGES AND A GUN TO SIMON SARTLE AS REPRE-
SENTATIVE OF HIS FATHER.

Legislative
Records of the
Council, xix.,
144. Mass.
Archives,
Ixxiii., 641.

Mass.
Archives,
Ixxiii., 641.
House Jour-
nal, pp. 196, 200.

A Petition of Simon Sartle shewing that his Father Obadiah
Sartle (now deceased) was taken Captive by the Indians with a
Gun, which was his own, Praying that his Wages during his Cap-
tivity & the Gun, which he lost, may be allowed:

Bead and

Ordered that the Treasurer be directed to pay to Col° Williams
for the Use of the Pef twenty four pounds of the last Emission in
consideration of the Services and Sufferings of his said Father to
be dispos'd off as the Law directs amongst the Heirs of the Dec'd.

Ordered also that the Commissary Gen^ be directed to deliver the
said Williams for the Use of the said Heirs a good Gun out of the
Province Store. \^Passed March 29.

CHAPTER 254.

ORDER ERECTING THE INHARTs OF THE NORTH EASTERLY PART OF
BROOKFIELD INTO A SEPARATE PRECINCT.

Legislative
Records of the
Council, xix.,
144. Mass.
Archives, xiii.,
106.

Mass.

Archives, xiii.,
104. House
Journal, p. 198.

A Petition of Thomas Hale & a great Number of otherg Lihabi-
tants of the North easterly Part of tlie Town of Brookfield, setting
forth the Disadvantages they are under for attending the publick
AVorship, Praying that they may be erected into a separate Precinct
& that they may have Liberty to receive other Inhabitants of the
said Town [(]that are minded to join with them,) Provided the
whole Number & Possessions exceed not a third Part of the whole
Town, Agreable to the Vote of the Town.

Read and

Ordered that the Prayer of the Pet" be so far granted, as that the

[3d Sess.] Province Laws {Resolves^ etc.). — 1749-50. 365

Pet'' with their Familys and Estates together with such Persons and
their Estates Who shall within three Months from this time Signifye
that Desire therefor, under their hands to the Clerk of the Town of
Brookfield, be and they hereby are Sett off a distinct Parish ; and are
Endowed with all the Priviledges and Subjected to all the Duties
which the other Inhabitants of Parishes are by the Laws of this
Province endowed with, or Subjected to.

Provided their Possessions do not Exceed one third part of the said
Town of Brookfield for Quantity and Quality. \_Passed March 29.

CHAPTEK 255.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF JN" M'^KENNY AND OTHERS AND GRANTING A NEW TRIAL
OF A CAUSE.

A Petition of John M^Kenny & others Heirs of Robert M'^Kenny Legislative
Dec*^ shewing that they lost their Action at the Superior Court, in councif xi ^'^^
the County of York, against Elisabeth Deering, for a Parcel of Marsh 69. Mass.
in the Town of Scarboro, by reason of their Deeds being in the hands xvm.^s^^'-
of John Jordan, who was at Louisbourgh, at the time of Trial; And m^^^^
therefore Praying that they may be allowed a new Trial at the next ^''.'^liives,
uperior Court tor said County Legislative

The Com"^« appointed on the Petition of John Mackeney and council' xix'!!^
others haue attended that sarvice heard the Parteys and Considered f^- House '
of the Petition and are of the opinion that the Prayer thereof be 194" '^^' '
Granted

Which is submitted p order Joseph Wilder

Eead &

Ordered that this Report be & hereby is accepted, & the Peti-
tioners allowed & impowered by a new Process to reveiw the Cause
within mentioned at his Majesty's Superiour Court of Judicature
&c next to be holden at York within & for the County of York on
the second Tuesday of June next, & the Justices of the said Court
are impower'd & directed to hear & try the said Cause, make up
Judgment & award Execution thereon, pursuant to Law. And that
the Pef' notify the adverse Partie Elizabeth Dering or her Attor-
ney of this Order fourteen days at least before the Sitting of the
said Court. [Passed March 30.^

CHAPTER 256.

ORDER IMPOWERING THE COLLECTORS APPOINTED BY THE WEST
SOCIETY IN CONCORD TO COLLECT THE MINISTERIAL RATES.

A Petition of Jonathan Butterick & others a Committee of the Legislative
West Society in the Town of Concord, in behalf of the said Society, ^^Zdf,$ix!!^
shewing that divers things have fallen out among them, which have ws. Mass." ''.
hindered the collecting of the Taxes assessed on the Inhabitants for m ^^^^' ''''"''
the support of the Ministry in the proper Season; & therefore Pray- n&&&.
ing that the Collectors may be now impowered to collect the said ^2°'^Hou8e"'"'

Taxes. Journal, pp. 30,

' This date is according to Mass. Archives ; no final action appears to be given in Leg-
islative Records of the Council.

366

Province Laws (^Resolves, etc.). — 1749-50. [Chap. 257.]

•20-2. Ante,
p. 252, chap.
313.

Eead &

Ordered that the Persons who have been chosen by the West
Society (so called) in Concord, to be Collectors, have, & they are
hereby vested with Power to collect the Eates or Sums that have
been set by said Society on the Members thereof & on such as have
usually assembled with them for publick Worship, as fully to all
Intents & Purposes, as the Collectors of Precincts by Law have, &
are vested with for collecting Precinct Taxes. [^Passed March 30.^

CHAPTEE 257

ORDER IMPOWERING DAVID WILDER, GUARDIAN AND ADM", TO SELL

LAND.

Legislative
Records of the
Council, xlx.,
145. Mass.
Archives,
xvill., 564.

Mass.
Archives,
xvlU., 565.

A Petition of David Wilder, shewing that he was appointed
Guardian to three Grand Children of the Rev*^ M'' John Prentice
late of Lancaster Dec*^ That the s'* M' Prentice bequeathed to John
& Samuel Prentice forty six Acres of Land apiece they paying his
Legacy to their Sister, that John Prentice the eldest Grand Son,
died in his Minority after a long & chargeable Sickness, & the Pe-
titioner is appointed Adminisf of his Estate, that there is Land
belonging to the said Grand Children by the Settlement of their
Grand mother Mary Prentices Estate; Praying that the Petitioner
may be impowered to sell the Whole of the said Lands for the Pay-
ment of the Deceaseds Debts, & the Benefit of the surviving Brother
& Sister.

Eead &

Ordered that the Prayer of the Petition be granted. And the Pef
is allowed & impowered to make Sale of the forty six Acres of Land
within mention'd, belonging to His Brother Samuel, as also the whole
of the Land belonging to the Minors in common and to execute in
due form of Law a Deed or Deeds for Conveyance thereof, to such
Person or Persons, as shall give most for the same, and that the Pef
dispose of the Produce of the said forty six Acres, as also the said
John's Share of the Produce of the Land held by the Minors in
common, or such Part thereof as shall be found necessary for the
Payment of his Debts, Funeral &c^ And the Remainder if any such
there be to his Heirs agreable to Law, And that he Dispose of Sam-
uel & Anna's Shares of the Produce of the Land held in common,
so as may be most for their Advantage, and pay what shall remain
in his hands upon an Adjustment of his Acco^^ pursuant to Law,
unto the said Minors, as they respectively arrive at Age, or shall
be married, which shall first happen And it is further

Ordered that the Pef in the Capacity of Admin"" to the s'' John
make & execute in due form of Law a Deed for Conveyance of so
much of the said John's forty six Acres of Land unto the said
Samuel as shall be equivalent to what of said Samuel's Estate is
applied towards the Paym^ of said John's Debts, Funeral &C'^ And
such Deed or Deeds, duly acknowledged & recorded, shall make a
good Title to the said Samuel his Heirs & Assigns for ever.^ [Passed
March 30.'

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is March 29.

^ Not found in the House Journal.

^ This date is according to Mass. Archives; according to Legislative Records of the
Council the date is March 31.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 367

CHAPTEE 258.

ORDER ALLOWING £10. 14. 9 TO JOHN KEFFE.

A Petition of John Keffe of Boston Labourer, setting forth that Legislative
there was due to him for his service, as a Soldier on the Expedition council^, xix.,^
against Cape Breton, the sum of Ninety Pounds, of which he received ArciiivesT'
no more than Forty Pounds, The Committee of War alledging that ixxiii., 589.
his Wife received the Eemainder, in his Absence, tho they can pro- Mass.
duce no Receit, & his Wife was then out of the Province; Praying bfxm.Tlls.
for the Order of this Court for the Payment of his remaining Wages. ^aT^'^'soT^"
Read and Proviiice '

Ordered that the Comm^^ of War be directed to pay the Pet" the ^hapf'^'"'''^'^^'
sum of ten pounds fourteen Shillings and Nine pence Bills of 'the
last Emission in consideration of his Service mentioned. Provided
the Pef take Solemn Oath that neither He or any one by his Order
have heretofore recieved the same. \^Passed March 30.^

CHAPTER 259.

ORDER IMPOWERING DAN DRURY TO PURCHASE PROVINCE LAND.

A Petition of Daniel Drury of Shrewsbury, shewing that there Legislative
lies adjoining to Land he purchased of tlie Heirs of Joseph Willard council^ x^x!^^
Dec'^ & the Narraganset Township Number Two, a small Tract of w'?- Maps aiid
Province Land, containing seventy six Acres; which lies commodi- xxTv.', ii.'"''
ously for the Petitioner, Therefore Praying that he may be allowed m^^^^
to purchase it for a valuable Consideration; A Plan of which Land xM'^^i99--^in
is annexed to the Petition. House Jour-'

Read and na^pp.9o.i99,

Ordered that the land described in the within written plan being
Seventy Six Acres be and hereby is granted to the Pef his Heirs and
Assigns forever Provided He pays into the Treasury on or before the
tenth of April next the Sum of fourteen pounds five Shillings, new
tenor Provided also that said Tract does not interfere with any former
Grant. [Passed March 30.''

CHAPTER 260.

vote substituting JOSEPH HEATH, ESQ^, FOR JOSEPH DWIGHT, ESQ« Legislative
AS COMMISSI ON THE LINE BETWEEN MASSACHUSETTS AND RHODE Records of the

TST ATVn Council, XIX.,

lbL,AJND. 247 Mass.

Arcliives, vi.,

Voted that Joseph Heath Esq'' be one of the Commissioners to ^—

Meet with the Commissioners from the Government of Rhode Island ^aTif 'loi^^'
in order to run and renew the Line agreed on and Settled by both Province
Governments the 19"' of January IT^Yu in the room of Joseph Dwight cifap^s*'.' '
Esq" Who is indispos'd. [Passed March 30.^ ihlvXit^'

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

- This date is according to Maps and Plans, Mis., and the House Journal ; according to
Legislative Records of the Council the date is March 31.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is March 31.

3G8

Province Laws {Resolves, ete.). — 1749-50. [Chaps. 261-263.]

CHAPTER 261.

VOTE EXTENDING THE TIME OF THE ORDER OF JUNE 5, 1746, IN
REGARD TO TAXES ON LAND IN THE DISTRICT OF DOUGLASS.

Legislative
Records of the
Council, xix.,
150. Mass.
Archives, cxv.,
539.

Mass.

Archives, cxv.,
537. House
Journal,
pp. 147, 203.
Province
Laws, xiii., 595,
chap. 6.

A Petition of the District of Douglas, Praying that this Court
would Kevive the Order pass'd in June 174(3, for impowering the
Inhabitants there to raise a Tax on the unimproved Land in said
District for the support of the Ministry there, »&c.

Read &

Voted that the Order of this Court of the fifth of June 1746, for
impowering the District of Douglas to tax that part of the Land
within said Precinct formerly granted to the Inhabitants of New
Sherburn at one penny ^ Acre, & the Remainder at one half penny
^ Acre New Tenor for three Years; which Term is now expired,
be & hereby is continued & enforced for the Space of three Years
further from this Time. \^Passed March 30.

CHAPTER 262.

VOTE DIRECTING THE FIRST PARISH IN MIDDLEBOROUGH TO REIM-
BURSE SAMUEL BENNET.

Legislative
Records of the
Council, xix.,
70. Mass.
Archives, xiii.,
100.

Mass.

Archives, xiii.,
90-101; xliii.,
588-591. Legis-
lative Records
of the Council,
xix., Hfi.
House Jour-
nal, pp. 101,200.

A Petition of Samuel Bennet of Middleboro, shewing that, being
chosen a Collector of Taxes in the first Precinct there, in executing
that Office, he met with great Difficulty, & was put to great Expence
in the Law, & much Loss of Time, for w*^'' he applied to said Pre-
cinct, that he might be reimbursed his Expence, & satisfied for his
Loss of Time ; but they have utterly refused it ; Praying for for '
Relief from this Court.

[Read &]

Voted that the first Parish in Middleborough reimburse and pay
to the said Bennet the Sum of two jjounds three Shillings and five
pence lawful Money which He paid to Caleb Thompson in satisfac-
tion of the Judgment the said Caleb obtain'd against him; and also
the further Sum of four pounds like money in satisfaction for the
Cost and Charge He the said Bennet was at in defending said Suit;
and prosecuting His Petition for Relief at this and the last Session
of this Court; and that said Bennet Notifye Comm" of said Parish
of this Order. \^Passed March 31.

CHAPTER 263.

Legislative
Records of the
Council, xix.,
146. Mass.
Archives,
xxxi., 661.

Legislative
Records of the
Council, xviii.,

ORDER IMPOWERING ELEA. POIGNOT, INDIAN, TO SELL LAND.

A Petition of Eleazar Poignot of Natick Indian', shewing that
he is greatly in Debt, that besides his Home Lot, he has consider-
able Out Lands at some distance, Praying that he may be allowed
to sell Ten Acres thereof for the Payment of his Debts, k procuring
for him Necessaries of Life : Recommended by two of the Guar-
dians of the Natick Indians.

1 Sic.

[3d Sess.] Province Laws {Resolves^ etc.). — 1749-50. 369

Eead, and 0^0™]"?. 199

Ordered that the Prayer of this Petition be so far granted as that (January,"
the Petitioner have Liberty, (with the advice & assistance of the ^^*^^' ^■^*'^*
Guardians of the Indians) to make Sale of so much of his Out
Lands (not exceeding ten acres) as the Guardians aforesaid shall
judge necessary : and that the Proceeds of such Sale be by them
applyed for the Purposed ' mentiond in the said Petition. \Pa8sed
March 31.

CHAP TEE 2 64. Kro^the

Council, xix.,
147.

ORDER DIRECTING THE COMMITTEE ON THE REPAIRS OF THE COURT

HOUSE TO LAY THEIR ACC^s BEFORE Y^ COURT. House Jour-

nal, p. 204.
Ante, p. 110,

Ordered that the Committee, appointed to take Care of the Eepairs p^^^g ^J^^
of the Court House be directed to lay their Accompts upon the Table 224.
as soon as may be. [^Passed March 31.

CHAPTER 265.

VOTE APPOINTING A COMMITTEE ON THE EXCHANGE OF THE BILLS
OF CREDIT FOR SPECIE.

In THE House of Represent"^^® It appearing to this House that Legislative
in the Exchanging of our present Currency, It will give great Dis- councu.xix.,

patch, as well as tend much to the Ease of the Subjects, if six Per- ]^

sons be appointed a Committee, (three of whom to be a Quorum) to Archives cii
assist in said Affair; Therefore, 474-48I;

Voted that James Allen Esq"" Andrew Boardman Esq'' M'' James m'^Hous^e"
Eussell & Thomas Foster Esq' with such whom the Hon'^'^ Board Jp"[°9'|'^5
shall join, be a Committee (who shall be under Oath for the faith- Province
fill Discharge of their Trust, & accountable to this Court, & for ch^ap!'i5!''
which Service they shall each receive Five shillings a Day) in order
to receive from the Possessors of the Bills, exclusive of the Inhabi-
tants of Connecticut, Ehode Island & New Hampshire, what Bills
may be brought to exchange, Agreable to the Act for drawing in
the Bills of Credit made in the 22^ Year of his Majestys Eeign;
Which Committee shall attend each Day in the Week, except Lords
days & Saturdays, from nine to one, & from three to seven a Clock
of each day, until the further Order of this Court; And for each
sum or sums in such Bills, they may so receive, (after they have been
counted & told by two Persons at least of said Committee,) they are
impowered & directed to give Orders on the Treasurer to the Per-
sons, of whom they may receive such Bills; & also to keep a List
of such Orders ; Which List shall be transmitted by them to the
Treasurer, under their hands, or the hands of the Major Part of
them, from time to time, as they may give said Orders; & shall
from day to day consume to Ashes what Bills they may so receive,
keeping an iVccount of what sums may be so consumed; And if
among the Bills which shall be offered in Exchange, there appears
to be any that are counterfeit, or are suspected to be, said Com-
mittee are to stop the same, & take the Names of the Persons of

^ Sic, for " purposes," as in Legislative Records of the Council, xix., 147.

370 Province Laws {Resolves, etc. ) . — 1749-50. [Chap. 265.]

whom they receive them for the further Examination «& Order of
this Court: And the Treasurer, in exchanging the said Money,
agreable to the afore said Act, is hereby impowered & directed to
pay Three pence of the Copper Half pence & Farthings that are
now in the Treasury in every Twenty shillings he shall so exchange,
& so in proportion for a greater sum ; & shall also in each Exchange
deliver Pillared Money & Mill'd Money, according to the respective
proportion «& value of the same, that may be in the Treasury, &
shall be at Liberty to pay unto any Person (that may desire the
same) three pence in every Twenty shillings that may be exchanged
in the Bills that are proposed to be emitted for the Convenience of
small Change, & so in proportion for a greater sum; And the Treas-
urer is further impowered & directed to appoint a sufficient Num-
ber of Persons to assist him in exchanging the afore said Silver &
Copper (for whose Conduct he shall be accountable in such Ex-
change,) And they together with the Treasurer shall attend said
Business at the same times at which the before mentioned Com-
mittee are obliged to attend ; And

It is further

Ordered that the Committee chosen as afore said, be impowered
«& directed to receive of the Inhabitants of this Governm^ any sum
or sums of the Bills of Connecticut, Rhode Island or New Hamp-
shire, & give Receits & make fair Entries of the same, & from whom
received, they making Oath before the said Committee, or a Justice
of the Peace, or Town Clerk (where no Justice dwells,) that the Bills
by them tendered are their own Property, & that they were actually
possessed of the same before the first day of April 1750; & said Com-
mittee are also directed & impowered to examine all Persons bring-
ing any sums of the Bills of this Province to exchange for Silver,
Whether the same be their own Property or the Property of their
Neighbours Inhabitants of this Province, & whether they have, &
whether they have not received such Bills for Silver sold directly or
indirectly to any Inhabitant or Resident in the aforesaid Governm'*
of Connecticut, Rhode Island or New Hampshire since the thirtieth
of March 1750, & to administer an Oath to such Persons as they shall
judge proper, to answer to all such Questions, as shall be. asked tliem,
respecting the said Bills; & upon Refusal to answer, they shall not
have their Bills exchanged; And upon the said Committees discov-
ering the said Bills so tendered, to be the Property of the Inhabi-
tants of any of the aforesaid Governm*^ that in such Case the Bills
of the respective Governm** in the hands of said Committee shall
be given in Exchange for the Bills of this Province; & said Bills
or Silver shall be given to the Persons who have lodged the Bills of
the aforesaid Goverum*^ in the hands of said Committee, in propor-
tion to the sum or sums so lodged, at the end of every two months;
And in case there be not a Sufficiency to redeem all the Bills of the
other Governments in the hands of said Committee, the Committee
to deliver the s'' Bills to the Owners of the same when they please
to call for them

In Council: Read & Concur'd; And Samuel Watts,' John Quincy
»& Ezekiel Chever Esq'' are Joined in the Affair. [^Passed March 31.

' This appears to be an error of the secretary, as Samuel Watts was added to the com-
mittee April 9. See post, p. 386, chap. 313.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 371

CHAPTER 266.

ORDER DIRECTING THE PAYMENT OF WAGES DUE SILAS LEONARD. Legislative

Records of the

Ordered that the Province Treas'' be & hereby is Directed to pay i49. 3iass. '
to Samuel White Esq"" for the use of William Leonard the full of itx^iiClV.
the wages that were Due to his son Silas Leonard, who is Since House Jour-
Dec^ as born on Cap' Cargills muster roll in the year 1746. \^Passed ^^^^ p-'^^s.
March 31.

CHAPTER 267. KSV

Council, xix.,

ORDER SUBSTITUTING JOHN JEFFRIES, ESQ«, FOR JAMES ALLEN, ESQ, Archives, '
ON THE COMM™E FOR EXCHANGING BILLS &c. cxxxvi., 123.

Mass.

Ordered that John Jeffries Esq"' be of the Committee for Receiv- ^xxxvl,%2i.
iner the Bills of Credit of the Province &c in the Room of James House Jour-

o . Uftl D 207

Allen Esq' who is excused from that Service. \^Passed April 2. ^n<e,p. 369»

chap. 265.

CHAPTER 268.

ORDER WITH STAY OF EXECUTION GRANTING THE PETITION OF THO.
COBB FOR THE TRIAL OF AN ACTION OF REVIEW.

A Petition of Thomas Cobb of Taunton, shewing that at the Legislative
Superiour Court of Judicature, for the County of Suffolk, held in c^unc*if xix!'^
August last, he brouglit his Writ of Review of a Cause between iw. Mass.
the Petitioner »& Nathaniel Showers of Salem, that the Petitioner xiin., 72. '
was taken sick, at the beginning of the Court; & having informed Mass.
the Judges thereof, his Cause was continued over to the Adjournm* xnu"-!^'
of the same Term, which the Petitioner conceiving to be the next Legislative
Term, did not attend at the Adjournm' & so the Cause went against councff, xix.^,^
him. Praying that his Action of Review may be tried at the next jour^aT^^
Term of said Court; & that Execution on the said Judgment, ob- pp. I6I, 162.
tained against him, may be stayed in the mean time.

Read, And it appearing that ]VP Ben]'* Pratt Attorney to the within
named Nathaniel Showers has been served with a Copy of this Peti-
tion, but no Answer being given in.

Ordered that the Prayer of the Petition be granted ; And the Pet'
is allowed and impowered, by a new Process to review the Cause within
mentioned, at his Maj'^y'^ Sup' Court of Jud' &c^ next to be holden
at Boston within & for the County of Suffolk on the third Tuesday
in Aug' next; And the Justices of the said Court are likewise im-
powered & directed to hear & try the same, make up Judgm* &
award Execution thereon, pursuant to Law; And the Execution
within mentioned is stayed in the mean time, provided the Pef
give sufficient Security to the Sheriff of the County of Bristol to
pay what Sum shall be finally recovered of him, with lawful Inter-
est therefor from this time, And that he notify the adverse Party
Nathaniel Showers or his Attorney of this Order fourteen days at
least before the Sitting of the said Court.' [^Passed April 2.

' Final action on this petition is not found in the House Journal.

372

Province Laws (i2eso/ve6',e«c.). — 1749-50. [Chaps. 269-271.]

CHAPTEK 269.

ORDER REMITTING TO THE TOWN OF GRAFTON THE FINE FOR NOT
SENDING A REPRESENTATIVE.

Legislative
Records of the
Coiiucil, xix.,
151. Mass.
Archives, cxv.,
606.

Mass.

Archives, cxv.,
605. House
Journal, p. 208.

A Petition of the Select men of Grafton, in behalf of said Town,
setting forth the Reasons of their not sending a Represent^'' to Court
the last Year, & Praying that the Fine of Ten Pounds laid on them
may be remitted.

Read and

Ordered that the Prayer of the Pet"^ be granted and the within
named Select Men (or their ord"") are allowed to recieve the within
mentioned Sum out of the Treasury accordingly. \^Passed Ajjril 2.

CHAPTEE 270.

Legislative
Records of the
Council., xix,
69. Mass.
Archives,
xviii., 512.

Mass.
Archives,
xviii., 510.
Legislative
Records of the
Council, xix.,
169. House
Journal, p. 94.

ORDER IN REGARD TO THE SETTLEMENT OF THE ESTATE OF DANIEL

BEAMAN.

A Petition of Joseph Miller Adminisf of the Estate of Daniel
Beaman late of Springfield Dec*^ shewing that the said Beamans
Real Estate consists of five several Parcels of Land in distant
Places, & that there are twenty six Heirs of the said Estate,
which will render a Division very inconvenient; And therefore
Praying that the whole of the said Estate may be wholly settled
upon the Petitioner, He giving Bond to pay the rest of the Heirs
their Proportion thereof.

Read &

Ordered that the Judge of Probate for the County of Hampshire
be & hereby is Impowered to Settle the whole of the real Estate of
Dan' Beeman late of Springfield in S*^ County Dec*^ on one of the
Heirs of S*^ Dec^ taking Sufficient Security that the Other Heirs
have their due proportion of the Same after Just & necessary Charges
of Adm" Settlement &c^ are Subducted any thing in the Law to the
Contrary in any wise Notwithstanding.' \_Passed April 2.^

CHAPTEK 271

Legislative
Records of the
Council, xix.,
151. Mass.
Archives,
xxxi., 694.

Mass.
Archives,
xxxi., 694.
House Jour-
nal, p. 207.
Province

ORDER IMPOWERING SARAH BURNEE, INDIAN, TO SELL LAND.

A Petition of Sarah Burnee of Hassanimisco Indian, shewing
that she has divers Parcels of Land in said Place, & Praying that
she may be allowed to make Sale of two Divisions of her said Land,
being about seventy Acres, which lies very distant from her Home-
stead; And that the Produce thereof may be laid out in building a
House, purchasing a Cow &c : Which Petition was recommended
by two of the Guardians of the said Indians.

Read &

^ The final action on this petition is not found in the House Journal.
" This date is according to Mass. Archives; according to Legislative Records of the
Council the date is April 16.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 373

Ordered that the Prayer of the Petition be granted, & the Pet^ ^ha^'%27""^^*''
is allowed & impowered (with the Advice & Consent of the Trus-
tees for the Hassanamisco Indians) to sell the two Lots of Land
within mentioned; The Produce thereof to be disposed of by the
s*^ Trustees for the Purposes mentioned in the Petition, & they to
be accountable to this Court. \^Passed April 2.^

CHAPTER 272.

ORDER CONTINUING THE ESTABLISHMENT OF THE SOLDIERS AT NUM- Legislative

g gj^ 4 Records of the

Council, xix.,
152. Mass.

A Petition of Cpt. Phineas Stevens, setting forth the exposed i^^i^^yili.
State of the Fort at Number Four, & Praying for the Continuance j^j^g^ ' '

of the Garrison posted there by this Governm^ until the Peace shall Archives,
be better established. House'jour-

Bead and ^m'' ^'^nfe'"''

Ordered that the Pay and Subsistance of fifteen Men at Number 4 p^ 334, chap.

which Expires the first of May next be further continued to the last

of May next. [Passed ApiHl 3.

CHAPTER 273. "^^lU.

Council, xix.,
151. Mass.
ORDER CONTINUING THE ESTABLISHM^ OF THE FORCES ON THE Archives,

FRONTIERS. Ixxiii., 660.

House Jour-

Ordered that the Establishment of the Pay and Subsistance of ^nie,'^.mi,
the Forces upon the Frontiers which Expires the first of May next chap. 175.
be further Continued to the last of May next. [Passed April 3.

CHAPTER 274.

ORDER ALLOWING £5 TO PETER RICH.

A Petition of Peter Eich of Wells a Pensioner to the Governm*^ Legislative
shewing that by reason of his being disabled thro Wounds received council, xix.,
in the publick Service, he has had a Pension, which lately has been Archi^es^^"
lessened by the Falling of the Value of the Bills, Praying that it ixxiu., 640.
may be raised to first real Value. * Mass.

Eead and ixl^iii^.Il54'o.

Ordered that the Treasurer be directed to pay to Col" Storer for ^a*i"pp'^M4*^2io.
the Use of the Petitioner five pounds Bills of the new tenor (so Ante, p. m,
called) or Lawful Money equivalent thereto per Annum until this ^ ^^'
Court shall otherwise Order. [Passed April 3.

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 3.

374

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 275-278.]

CHAPTER 275.

ORDER ALLOWING £4. 5. 4 TO BENJ^ POMROY.

Legislative
Records of the
Council, xix.,
151. Mass.
Archives,
Ixxlii., 650.

Mass.
Archives,
Ixxiii., 649.
House Jour-
nal, pp. 204, 210.

A Petition of Benjamin Pomroy a Soldier in the late Expedition
against Cape Breton, setting forth his great Sufferings by Sickness
& Lameness, contracted in the service; & Praying for Belief from
this Court.

Read and

Ordered that the Treasurer be directed to pay to Cap' Pierson for
the Use of the Pef four pounds five Shillings and four pence Law-
ful Money in consideration of his past Sufferings. \_Passed April 3.

Legislative
Records of the
Council, xix.,
156. Mass.
Archives,
Ixiv., 363.

Mass.
Archives,
Ixiv., 362.
House Jour-
nal, pp. 201, 210.
Ante, p. 287,
chap. 66.

CHAPTER 276.

ORDER IMPOWERING MOSES RENNET TO MAKE UP HIS MUSTER ROLL.

A Petition of Cpt. Moses Bennet Master of the Ship Massachu-
sets Frigate, shewing that the Establishm' for him self & Men ex-
pired the first of October last, & Praying that it may be continued
to the 1^^^ of March last;

Read and in Answer

Ordered that the Pef have liberty to make up his Roll for himself
and two Men from the first of October until the 15*'' of February
last. \_Passed April 3.

Legislative
Records of the
Council, xix.,
147. Mass.
Arcliives,
Ixxiii., 658.

Mass.
Archives,
Ixxiii., 6.58.
House .Jour-
nal, p. 208.

CHAPTER 277.

ORDER ALLOWING £2. 19. 2 TO SAM^ CLARK.

A Petition of Samuel Clark of Falmouth, shewing that his
Father George Clark was killed by the Indian Enemy at Pemaquid
while in the publick Service, and had then £3. 19. 2 due to him for
Wages on Cpt. Moodeys Muster Roll ; Praying that the said Wages
may be paid to him or his Brother.

Read and

Ordered that the Treasurer be directed to pay to Cap' Moses
Pierson the Sum within mentioned (if due upon Muster roll) to be
by him distributed among the Heirs of the Deceased according to
Law. [^Passed Ajjril 3. '

Legislative
Records of the
Council, xix.,
152.

House Jour-
nal, p. 211.
Province
Laws, iii., 489,
chap. 17.

CHAPTER 278.

ORDER TRANSFERRING £200 FROM THE APPROPRIATION FOR GRANTS
TO THE APPROPRIATION WHERE THERE IS NO ESTABLISHMENT.

Ordered that a Transfer be made of Two hundred Pounds from
the Appropriation for Grants, to the Appropriation, where thei'e is
no Establishm'. [Passed April 4.

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

[3d Sess.] Province Laws {Resolves^ etc.). — 1749-50. 375

CHAPTER 279.

ORDER ALLOWING £8 TO THE HEIRS OF JONATH. BRIDGHAM. Legislative

Records of the

Ordered that the Treasurer be directed to pay to Israel Williams S^^°Mas^s^^''
Esq^ for the Use of the Heirs of Jonathan Bridgman Dec'd the Archives, "
Sum of Eight pounds being due to him for wages whilst in Cap- '^''^"''' ^^' —
tivity. [Passed April 4. ^^^l fiT^"

CHAPTER 280.

ORDER IMPOWERING JOHN SALE, EXECUTOR, TO SELL REAL ESTATE.

A Petition of John Sale of Chelsea, surviving Executor of the Legislative
last Will & Testament of Penn Townsend Esq^ Dec" & his Son in ^^^^^cn'xix!!*
Law, shewing that he has laid out a considerable sum of Money is*- Mass.
for the benefit of the Deceaseds Farm, that the Deceaseds Man- xvui.^sss.
sion House in Boston is in a very ruinous Condition; therefore Mass.
Praying that he may be impowered by this Court to sell the Man- ^vm^^^e
sion House (there being some Difficulty in the Will that may other- House Jour,
wise discourage the Purchaser;) A Certificate being subjoined °**'P-2i*-

of the Consent of the Heirs to the said Sale:

Read &

Order\l that the petitioner John Sale be & hereby is impower'd
to make Sale of the premisses, provided He secure the proceeds
thereof to his Children the surviving Heirs of the hon^ Coll' Pen
Townshend Esq"' to be paid to them imediately after such Sale Or
secure the same to their Satisfaction, They paying him the said
John Sale lawfull Interest for such proceeds during his natural
Life. [Passed April 5.

CHAPTER 281.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
JOS. MOFFATT FOR A NEW TRIAL.

A Petition of Joseph Moffat of Lunenburgh shewing that Aaron Legislative
Nelson obtained a Judgment against him for £100 & Costs, at the c^unSxii!!®
Superior Court of Judicature held at Springfield for the County i54. Mass.
of Hampshire in Septem' last, the Petitioner being then sick, & xuu., 98.'
not able to defend his Cause, & so Judgment went by Default, MasI ~

Praying for a new Trial by a Jury & that Execution may be stayed xm^.^g;.^'
in the mean time. House Jour-

Read& "^'•^•'''-

Ordered that the Pef serve the adverse Party Aaron Nelson with
a Copy of this Petition, that so he may shew Cause, if any he hath,
on the 2*^ Wednesday of the next May Session, why the Prayer thereof
should not be granted and Execution is staid in y^ Mean time Pro-
vided the Pef give sufficient security to the Sheriff of the County
of Worcester, to pay what shall appear to be finally due from him
with Interest therefor from this day. [Passed Ajjril 6."

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 5.

376

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 282-286.]

CHAPTEE 282

ORDER ALLOWING £750 TO THE JUDGES.

Legislative
Records of the
Council, xlx.,
155. Mass.
Archives,
xliii., 157.

House Jour-
nal, p. 213.

Ordered that the sum of Seven hundred and fifty pounds be
granted & allowed to be paid out of the Publick Treasury to the
jjQjjobie ^]^g Justices of his majestys Superiour Court of Judica-
ture Court of Assize & General Goal Delivery, for their Service
one Year, ending the first day of January last. \^Passed April 6.

CHAPTEE 283.

Legislative
Records of the
Council, xix.,
165. Mass.
Archives,
xllx., 276.

House Jour-
nal, p. 213.

ORDER ALLOWING £21. 6. 8 TO THE SECRETARY.

Ordered that the sum of Twenty one pounds Six Shillings & eight
pence be Granted & allowed to be paid out of the Publick Treasury
to Josiah Willard Esq"" Secretary of this province in full for his Ser-
vice for one Year, ending the third of December last. [Passed April 6,

CHAPTEE 284

Legislative
Records of the
Council, xix.,
156. Mass.
Archives,
xlix., 273.

House Jour-
nal, p. 213.

ORDER ALLOWING £85. 6. 8 ADDITIONAL TO THE SECRY.

Ordered that the sum of Eighty five pounds Six Shillings & Eight
pence be Granted & allowed to be paid out of the Publick Treasury
to Josiah Willard Esq"" Secretary &c'^ in consideration of his extraord-
inary Services to the third of December last. [Passed April 6.

CHAPTEE 285.

ORDER ALLOWING £85. 6. 8 TO THE TREASURER.

Legislative
Records of the
Council, xix.,
156. Mass.
Archives,
xlix., 269.

House Jour-
nal, p. 213.

Ordered that the sum of Eighty five pounds Six Shill^s & Eight
pence be Granted & Allowed to be paid out of the Publick Treas-
ury to William Foye Esq"" Treasurer & Eeciever General of his Maj-
estys Revenues of this province for one Year ending the second of
January last. [Passed April 6.

CHAPTEE 286.

Legislative
Records of the
Council, xix.,
156. Mass.
Archives,
xlix., 268.

House Jour-
nal, p. 213.

ORDER ALLOWING £101. 6. 8 ADDITIONAL TO THE TREASURER.

Ordered that the sum of One hundred and One pounds Six Shill*^*
and Eight pence be Granted & Allowed to be paid out of the Pub-
lick Treasury to William Foye Esq'' Treasurer &c^ in consideration
of his extraordinary Services. [Passed April 6.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 377

CHAPTER 287.

ORDER ALLOWING £106. 13. 4 TO THE COMMISSARY GENERAL. Legislative

Records of the

Ordered that the sum of One hundred Six pounds thirteen Shill^^ ise. Mass.' ''
and four pence be Allowed & paid out of the Publick Treasury to ixx^iiL, ees.
John Wheelwright Esq' Commissary General for his service in that House Jour-
Office for one Year. \^Passed April 6. nai,p.2i4.

CHAPTER 288.

ORDER ALLOWING £53. 6. 8 ADDITIONAL TO THE COMMISSARY GENERAL. Legislative

Records of the

Ordered that the sum of fifty three pounds Six Shill^^ and Eight i56. mjiss." ''
pence be Granted & Allowed to be paid out of the Publick Treasury it^m.1 662.
to John Wheelwright Esq' Commissary General in consideration of House Jour-
his care & Trouble in transacting the extraordinary Affairs of the °*^' p- ^i*-
province. \^Passed April 6.

CHAPTER 289.

ORDER ALLOWING £186. 13. 4 TO THE PRESIDENT OF HARVARD COLLEGE.

Ordered that the sum of One hundred Eighty Six pounds thirteen Legislative
Shills^ and four pence be Granted & Allowed to be paid out of the councn' xfx^^
Publick Treasury to the Eev*^ Edward Holyoke President of Har- ise. Mass. "
vard Colledge over & above the Eents of the Massachusetts Hall for Mii'.?353.'
one Year ending the tenth day of September next. {^Passed April 6. House Jour-

nal, p. 213.

CHAPTER 290

ORDER ALLOWING £100 TO THE PROFESSOR OF DIVINITY AT HARVARD

COLLEGE.

Ordered that the sum of One hundred pounds be Granted & Legislative
allowed to be paid out of the Publick Treasury to the Eeverand council! xix.,
Edward Wigglesworth Hollisian Professor of Divinity at Harvard atcm^cs?'
Colledge in Cambridge, as a Gratuity, in consideration of his faith- iviii., -sss.'
ful Discharge of that great & important Trust reposed in him, & House Jour-
for his further Encouragement therein. [Passed April 6. ^^ ' ^* '^ '

378

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 291-295.]

CHAPTER 291.

ORDER ALLOWING 1/ 4 TO THE HONORABLE JOSEPH DWIGHT, SPEAKER

OF THE HOUSE.

■Legislative
Records of the
Council, xix.,
156. Mass.
Archives,
xllx., 272.

House Jour-
nal, p. 213.

Ordered, That there be Granted & Allowed to be paid out of the
Publick Treasury One Shilling and four pence <j? Diem to the Hon^'*
Joseph Dwight Esq' the Speaker of the House, for Euery Day of
his attendance in the General Court from the Opening of the Ses-
sions on the 31^* day of May 1749, over & above his Pay as a Mem-
ber of the House. {^Passed April 6.

CHAPTER 292.

Legislative
Records of the
Council, xix.,
156. Mass.
Archives,
xllx., 271.

Mass.
Archives,
xllx., 270.

ORDER ALLOWING 1/ 4 PER DIEM TO THOMAS HUBBARD, ESQ, SPEAKER

PRO TEMPORE.

Ordered that there be granted and Allowed to be paid out of
the publick Treasury One Shilling and four pence per Diem to the
jjQjjbie Thomas Hubbard Esq'' Speaker pro tempore for every day
of his Attendance in the General Court in that Station over and
above his pay as a Member of the House. [Passed April 6.

CHAPTER 293.

Legislative
Records of the
Council, xix.,
157. Mass.
Archives,
xlix., 267.

House Jour,
nal, p. 213.

ORDER ALLOWING £64 TO THE CLERK OF THE HOUSE.

Ordered that the sum of Sixty four pounds be Granted & Allowed
to be paid out of the Publick Treasury to Roland Cotton Esq' Clerk
of the House for his Service in that Trust for the present Year.
[Passed April 6.

CHAPTER 294

Legislative
Records of the
Council, xix.,
157. Mass.
Archives, xiii.,
119.

House Jour-
nal, p. 214.

ORDER ALLOWING £11 TO THE CHAPLAINS OF THE COURT.

Ordered that the sum of Eleven pounds be Granted & Allowed
to be paid out of the Publick Treasury viz' One half to the Rev"^
Chaplain of the Hon°^^^ Board the Present Year, the Other half to
the Rev*^ Ellis Gray, the Chaplain of the House for their respective
Services the present Year. [Passed April 6.

CHAPTER 295

ORDER ALLOWING £100 TO THE DOORKEEPER.

Kecords'of the Ordered that the sum of One hundred pounds be Granted &
Council, xix., allowed to be paid out of the Publick Treasury to M' William

[3d Sess.] Province Laws (Besolves, etc.). — 1749-50. 379

Baker Doorkeeper to his Excellency the Governor & this Court ^rcM^es?'
in full for his service for one Year ending the 30''' of May next. xUx., 275!

[Passed Api'il 6. House Jour.

■- -^ nal, p. 214.

CHAPTER 296.

ORDER WITH STAY OF EXECUTION ON THE PETITION OF EPH. KELLOG
FOR A NEW TRIAL.

A Petition of Ephraim Kellog of Haclley, in the County of E®fo^^^8*Jf%he
Hampshire, shewing that in a Cause between him & one Solomon council, xix.,
Boltwood, tried at the Superior Court for said County, held in ArcMves^,"
Septem' 1748, which was submitted to a Eule of Court, Judgment ^^"i-. 9-
was made up according to the Report of the Referrees, which was Mass.
against the Petitioner ; And forasmuch as one of the Referrees had xim., 1-9.'
a Prejudice against the Petitioner, & two of his principal Witnesses Rifordfof the
were absent, Therefore Praying that he may have a new Trial of the 9i?2"r*'7"'H^"9
said Cause at the next Superior Court for the said County. journal,

The Com^'^^ to whom was referred y'^ petition of Ephraim Kellogg, pp- isi. 197, 216.
having examined y* Papers lSi heard the Parties (by their Agents) &
duly considered w* was offered by them. Are of Opinion y' y^ Prayer
of the Petition be granted & a new tryal be allowed, & the Justices
of the Superior Court are directed & Impower'd to hear & try the
Cause at y"^ next Session at Springfield in s"^ County on y'' fourth
Tuesday of September next, to give judgment & award Execu" ac-
cordingly & y' Execution be stay'd in the mean time

Eze: Lewis ^ order.

Read and

Ordered that this Report be and hereby is accepted & the Pet'' is
allowed a new Trial, & the Justices of the Superiour Court are im-
powered & directed to hear & try the Cause within mentioned, at
their next Session to be holden at Springfield for the County of
Hamsphire on the fourth Tuesday of September, next, & give Judg-
ment & award Execution thereupon, & Execution within mention'd
is stayed in the mean Time, accordingly; Provided the Pef give
Security to the Sheriff of the County of Hamsphire to pay what
shall be finally recovered against him with lawful Interest, until
the time of making up the Judgment. [Passed April 6.

CHAPTER 297.

VOTE FOR LAYING OUT A TOWN AT HOOSUCK.

In the House of Rep-- Srdfof the

Voted That Col° Miller & Cap* Livermore with such as the Hon"^"" council, xix.,
Board shall appoint be a Committee to lay out Sixty three House Archives^cxv.,
Lots in the Westermost Township at Hoosuk ' (each House Lott to ^

draw one sixty third part of said Township) one for the first settled ^j^^^^j^eg p^^,
minister, one for the ministry, & one for the School, as near the 566. House
Center of the Town as may be with convenience; the Said Lots to pp"™ifi72.
contain ten or twelve Acres each as the Committee Shall best Judge
said House Lots to be adjoyning: and also that said Committee be

^ The words, " at Hoosuk," are omitted in the House Journal, p. 171.

380

Province Laws {Resolves, e^c). — 1749-50. [Chaps. 298, 299.]

directed to lay out such Highways Streets & Lanes to & among the
House Lots as shall be necessary & Convenient : and said Committee
have Power to admit Sixty Setlers or Inhabitants into said. Town-
ship each of them shall be intitled to one Sixty third part of said
Township upon the Conditions following Viz' That each Settler pay
to the Committee upon his being Admitted Six pounds thirteen
shillings & Six pence lawful money for the Use of the Governm'
& that he shall within the space of two Years from the time of his
being Admitted, build a House Eighteen feet long, fifteen feet wide
& seven feet Studd & shall fence five acres of his said House Lot,
and bring the same to English Grass, or fitt it for Plowing & rais-
ing of Wheat, or other Corn, & shall actually by themselves heirs
or Assigns, reside on Said Hotise Lot five Years in seven, from the
time of their being Admitted, and that they do settle a Learned
Orthodox minister in said Town within the term of five Years from
their being Admitted, and in case the aforesaid Conditions are not
fulfilled according to the true intent & meaning thereof that then
such delinquent setler or Setlers Eight shall be forfeit, & revert
back to the Province to be disposed of as the General Court shall
& may hereafter order & Determine any thing in their Grant to
the Contrary notwithstanding.

And that the said Committee be further directed to take a Bond
of each Person by them admitted a setler, of the Penal stim of Fifty
Pounds Money payable to the Province Treasurer, or his Successors
in said Office, for the faithfull Performance of the Conditions of
said Grant the said Committee to make Eeport of their Doings, &
due Eeturn of said Bonds to the province Treasttrer as soon as may
be who shall be paid for that service out of the Moneys reciev'd of
the setlers, and as to the Eastermost Township, to be setled as the
General Cotirt shall hereafter order.
In Council

Eead and Concurrd and James Minott Esq'' is join'd in the affair.
[Passed Ajjril 6.

CHAPTER 298.

Legislative
Recorde of the
Council, xix.,

158.

House Jour-
nal, p. 21f).
Ante, p. 369,
chap. 265.

ORDER IN REGARD TO EXCHANGING BILLS OF CREDIT.

Ordered that the Committee appointed to receive the Province
Bills &c, be directed not to receive above Five thousand Pounds Old
Tenor at one time from the same Person within twenty days from
this time. \_Passed Ajjril 6.

CHAPTER 299.

ORDER ALLOWING PAY AND SUBSISTENCE AS PER MUSTER ROLL, AND
A FURTHER SUM OF £13. 13. 8 TO MAJOR ENOCH FREEMAN.

Legislative
Records of the
Council, xlx.,

158. Mass.
Archives,
Ixxiii., 605.

Mass.
Archives,

A Memorial of Enoch Freeman Esq'' setting forth his Services,
as he was Chief Commander of the Forces posted in the County
of York, & as he was Captain of the Battery at Falmouth, & as he
raised & had the Command of the Guard that attended the Com-
mission" at the Treaty at Falmouth, Praying for a proper Allow-

[3d Sess.] Province Laws {^Resolves, etc.). — 1749-50. 381

ance for these Services; & also Pay & Subsistence for the Guard House Jot^°^'
above mentioned, & for Sundries supplied them. nai,pp.203,8i7.

Eead and

Ordered that Usual Pay & Subsist [ance] ' be allowed for one Month
to fifty Men and a proper Officer to be proportion'd among the Sixty
five Men on the Petitioner's Eoll

Ordered, also that the Sum of thirteen pounds thirteen Shillings
and Eight pence be allowed the Pef in Consideration of his Billet-
ing forty Men one Week, and one Man four Weeks And Sundries
delivered the men as per Account annexed. {^Passed A2Jril 6.

CHAPTER 300.

ORDER ALLOWING £17. 6. 8 TO JOHN DENNIS.

A Petition of M"" John Dennis, setting forth his Services as a Legislative
Chaplain to divers Garrisons in the Eastern Parts, & the slender counclf.xix!!^
Allowance he has had for his Services; Praying for a further Allow- i^^-, .m^^^- ..

„ 1 • /"< i 'JO Archives, xii.,

ance from this Court: eso.

Kead and Mass. ~

Ordered that the Pet' be allowed out of the Treasury the Sum of 629-63'F^House

Seventeen pounds Six Shillings and Eight pence in consideration of i?^l^t^'^y-p'

his services abovementioned. [Passed April 6. p.'ss, ciiap. '

208.

CHAPTER 301.

ORDER ON THE PETITION OF W^' EARL & DORCAS SMITH, ADM-^, IN
REGARD TO THE PARTITION OF AN ESTATE.

A Petition of William Earl of Shrewsbury, & Dorcas Smith ^^^i?.!?"Jf^hn
Widow (& Administ^ or James Smith late of Leicester Dec° shew- council, xix.,
ing that the Petitioner William Earl & the said James Smith were Archiv^esT'
equal Co-parceners in a Lot of Land in Leicester, Bearing Num- xviu., 6i2.
ber 40, which remained undivided at the time of the said James's Mass.
Death ; that by reason of the distance of the time of the Superior xviii.", eii'-eu.
Courts Sitting in the County of Worcester, & the Necessity of having na iypp!203|^2i6.
a speedy Settlement of the said Smiths Estate, the Petitioners have
appointed three substantial Persons to divide the said Lot;

Which they have accordingly done ; a Report whereof is herewith
exhibited ; Praying that this Court would ratify & confirm the said
Division, as contained in s'' Report.

Read and

Ordered that the Prayer of the Pe'" be granted and that the Parti-
tion and Division of the lands herein mentioned be Established and
Confirmed as by the Report herein refer'd to. [Passed April 6.

1 MS. mutilated.

382

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 302-304.]

Legislative
Records of tlie
Council, xix.,
159. Mass.
Archives, cii.,
451.

Mass.

Archives, cii.,
450-452. House
Journal,
pp. 193, 216.

CHAPTEK 302.

ORDER ALLOWING 4.5/ TO SIMON HUNT.

A Petition of Simon Hunt of Concord Praying that he may be
allowed a sum of Money equal to a Quantity of Bills of this Prov-
ince which he lost in Concord Kiver; which could not be recovered
by any possible means.

Read and

Ordered that the Pet' be allowed out of the publick Treasury
forty five Shillings in consideration of his Loss within mentioned.
\_Passed April 6.

Legislative
Records of the
Council, xix.,
159. Mass.
Archives,
xlix., 274.

House Jour-
nal, p. 212.

Province .7 ^ ,

Laws, iii., 557, April O.
note.

CHAPTER 303.

VOTE ALLOWING £200 TO THE LIEUTEN^ GOVERNOR.

Voted that the Sum of two hundred pounds be granted and
allowed to be paid out of the publick Treasury to the Hon^'^
Spencer Phips Esq'' Lieu* Gov"" and Commander in Chief in con-
sideration of his past Services in that important Station. [Passed

CHAPTER 304.

Legislative
Records of the
Council, xix.,
159. Mass.
Archives,
xviii., 617.

House Jour-
nal, p. 219.
Province
Laws, ii., 151,
chap. 10. Ante,
p. 252, chap.
311.

ORDER IMPOWERING ANN PRESCOT, GUARDIAN, TO SELL LAND.

A Petition of Ann Prescot Widow of John Prescot late of Con-
cord Esq' Dec*^ & Guardian to his Children, setting forth the Insuffi-
ciency of the Income of the Deceaseds Estate for the Maintenance
& Education of his Children ; & therefore Praying that she may be
impowered by this Court to sell a Lot of ten Acres, particularly
described in the Petition, the Produce to be employed for the Uses
aforesaid.

Read and

Ordered that the Prayer of the Petition be granted and the Peti-
tioner is hereby allowed and impowered, in her Said Capacity, to
make Sale of the ten Acres of Land withinmentioned, and to exe-
cute, in due form of Law, a Deed for conveyance thereof, to Such
Person as Shall give most for the Same; and that She dispose of the
Produce thereof for the Sup]3ort and education of the deceased's
Children: Provided that before any Such Sale be made She Observe
the directions of the Province Law made in the Sixth year of his
late Majesty King George the first relating to Executors or admin-
istrators Sale of Real Estates; and give Sufficient Security to the
Judge for Probate of Wills &c for the County of Middlesex for the
faithful discharge of her Trust and to render an Account of her
Proceedings when thereto lawfully required. [Passed Ajoril 7.

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is April 7.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 383

CHAPTER 305.

ORDER IMPOWERING NATH'- WHITTAMORE, GUARDIAN, TO EXECUTE A

DEED OR DEEDS.

A Petition of Nathaniel Whittamore, Guardian of Isaac Miriam Legislative
of Concord, shewing that the said Isaac is interested in certain Lands councff xi.x!^^
which he holds in Common & Undivided with some of his Relations, i«o- Mass.
that it will be much for the Advantage of the said Minor to have his xvm.rew'.

Interest therein sold ; Therefore Praying that he may be impowered Mass.
by this Court to sell the same Archives,

*' _- , -, xviii., 618.

Kead and House Jour.

Ordered that the Pef be and hereby is Impowered to make and province^^' ^^^'
execute a good Deed or Deeds of the Land within mentioned. Pro- JifaT'io' ^^^'
vided the Pef" observes the directions of the Law with respect to the
sale of Intestate Estates and gives Caution to the Judge of Probate
for the County of Middlesex that the Produce belonging to the said
Minor be properly Secured to him. \_Passed April 7.

CHAPTER 306.

ORDER ALLOWING £2. 10 TO JOHN SAWEN AND £1. 6. 3 TO THOMAS

GREENWOOD.

A Petition of John Sawen, shewing that in Obedience to the Legislative
Order of this Court he took a Valuation of the rateable Estate counclf, xL*!!^
in the Precinct of Natick; the Charge of which the Inhabitants wo Mass.
refuse to pay; Therefore Praying that he may be allowed £2. 10 379. ' ''
for the same by this Court: Mass.

Read and ^I'^'^'ifn^J-'

Ordered that there be allow;ed out of the publick Treasury to the ^^'J^^^'-n'oi^^*-
Rep"® of Brookline the Sum of two pounds ten Shillings new tenor chap'. 333.
for the Use of the Pef And that said Sum be added to the next Prov-
ince Tax impos'd upon the Parish of Natick

Ordered also that there be allowed to Thomas Greenwood Esq"" for
Moderating by order of this Court at a Parish Meeting in s^ Natick
the Sum of One pound Six Shillgs & three pence new tenor and that
the said Sum be added to their next Province Tax. [Passed April 7.

CHAPTER 307.

ORDER GRANTING TO JOHN BRADSHAW LICENCE TO KEEP A TAVERN.

A Petition of John Bradshaw of Medford shewing that he has Legislative
been a Inn Holder in Charlestown for many years, but has lately councff, xii.*]^
removed to Medford, where he has purchased a House very con- ^rchi^es^^cxi
venient for an Inn or Tavern, Praying that the Court of General 200^

Sessions of the Peace for the County of Middlesex may be impow- Mass.
ered to Licence him to keep a Tavern. 199^ House^*''

Read and (Inasmuch as the Pef has obtain'd the approbation of Journal, p. 216
the Select Men of the Town of Medford)

384

Province Laws (Besolves, etc.). — 174^-50. [Chaps. 308, 309.]

Ordered that the Justices of the General Sessions of the Peace
for the County of Middlesex be and they hereby are allowed and
impowerd at their next Sitting (if they see cause) to grant the
Pef a Licence to keep a Tavern the time for granting Licences
being Elapsed notwithstanding. [Passed April 7.

Legislative
Records of the
Council, xix.,
160. Mass.
Archives,
Ixxiii., 519.

Mass.
Archives,
Ixxiii., 518-524;
cclxxxiii., 58.
House Jour-
nal, pp. 58, 65,
218.

CHAPTER 308.

ORDER ALLOWING SUBSISTENCE AND EXPENSES OF SOLDIERS TO COLL

EDWi* EVELITH.

A Petition of Edward Evelith Esq"" shewing that after the Re-
duction of Cape Breton, he had the Command of the Garrison at
Canso, & was put to great Charge for subsisting them with other
Expence for the publick Service Praying for a Eeimbursement of
his Expences & Allowance for his Services.

Eead and

Ordered that the Pef be allowed pay for the Usual Subsistance
of the Persons mentioned in the Pet" being in the whole five hun-
dred and Nine Days

Ordered also that He be allowed his Account of the Expences of
twenty Six Gallons of Rum Twelve Gallons & three quarts of Molosses
and ten pounds of Sugar. [Passed April 7.

CHAPTER 309.

Legislative
Records of the
Council, xix.,
161. Mass.
Archives,
xvili., 593.

Mass.
Archives,
xviii., 592.
House Jour-
nal, pp. 215, 219.

ORDER IMPOWERING ELIS'^ TILTON, ADMINISTRATRIX, TO EXECUTE A

DEED.

A Petition of Elisabeth Tilton Widow & Administ^ of Abraham
Tilton late of Hopkinton Dec*^ shewing that her Husband, in his
Life time, purchased a Tract of Land in Partnership with his Brother
Samuel Tilton, who soon after died; that the said Abraham enter'd
into an Obligation to make good to his Brothers Heirs what he had
advanced more than his Share but the Petitioner has since her Hus-
bands Decease gotten a Piece of Land containing twenty six Acres
& an half laid out & apprized for discharging said Obligation Pray-
ing that she may be impowered by this Court to execute a good Deed
of Conveyance thereof to the said Heirs

Read And

Ordered ihsit the petitioner Eleasabath Tilton be and She is hereby
Impowerd to make and Execute A Good and Lawfull Deed of the
twenty six acrs and an halfe of Land with in Mentiond to the Heirs
of the within Named Samuel Tilton decesed in Consideration of the
Obligation within mentiond Which Deed So made and Executed shall
be deemd valied in Law for Conveying the premises the suppos'' In-
capacity of y® peti[ti]onor Notwithstanding. [Passed April 7.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 385

CHAPTEE 310.

ORDER ALLOWING £5 TO BENJ* LOVELL.

A Petition of Benjamin Lovel, setting forth his Sufferings by Legislative
reason of the Wounds which he received from the Indian Enemy councif.xix!',^
while in the publick Service, Praying for some Allowance from this lei. Mass.
Court for his Relief. ixxiii., ee's.

Read and House Jour-

Ordered that the Pet' be allowed out of the publick Treasury five nai.PP- 215,218.
pounds in consideration of his Sufferings abovementioned.* \^Passed
April 7.

CHAPTER 311.

ORDER ALLOWING £5 TO CAPT. ISRAEL BAILEY.

A Petition of Israel Bailey a Captain in the late Expedition Legislative
against Cape Britain, Praying for some Allowance from this Court councif.xix!^,*^
in Consideration of his Sufferings by means of a long Sickness he lei. Mass.
contracted in tlie said Service. ixxni., 656.

Read and Mass.

Ordered that the Pef be allowed out of the publick Treasury five ^^^r^'e.
pounds for his present Relief. \ Passed April 7. ^^^^^ "^^^'^.c,

HHI, PP> 199, 218>

CHAPTER 312.

ORDER IMPOWERING THE TOWN OF BOSTON TO PURCHASE A BOAT
FOR THE USE OF THE HOSPITAL ON RAINSFORD ISLAND.

A Petition of James Hamilton Keeper of the Hospital on Rains- Legislative
fords Island Setting forth the Difficulties the Sick are put to for counc'if, x*x!!^
want of a Boat to ply between the said Island & the Town, Pray- ^rcw^es^^'
ing that a proper Boat may be allowed. ixxxvii.,'29o».

Read and Mass.

Ordered that the Select Men of the Town of Boston be and they ^x^xvIl^W
hereby are Impowered and Directed to Purchase a Boat for the Use House Jour-
of the Hospital on Rainsford Island the Sum for that purpose not ° ' "
to Exceed forty five pounds. The said Boat to be the property of
the Province, and be kept for the purposes abovementioned. {^Passed
April 7.

^ On April 13, 1750, the following order was passed, viz. : —

" Ordered that Coll. Otis be allowed to take out of the publick Treasury the sum of
Five Pounds granted to Benjamin Lovel the seventh Instant, for the Use of the said
Lovel." — Legislative Records of the Council, xix., 167.

386

Province Laws {Resolves^ etc). — 1749-50. [Chaps. 313-316.]

CHAPTER 313.

Legislative
Records of the
Council, xix.,
159. Mass.
Archives,
cxxxvi., 123.

House Jour-
nal, p. 210.
Ante, p. 369,
chap. 265;
p. 371, chap.
267.

ORDER APPOINTING ADDITIONAL MEMBERS ON THE COMM"^ FOR
EXCHANGING BILLS OF CREDIT.

In the House of Eep'®^

Ordered, That Roland Cotton, & Eichard Bill Esq' with Such
Gentlemen as the Hon''''' Board shall Join, be added to the Com-
mittee for receiving the Bills of Credit of this Province &c No more
then Six to sit at one & the same time

In Council Read & Concur'd & Samuel Watts Esq' is Joined in
the Affair. {^Passed April 9.^

CHAPTER 314

ORDER ALLOWING £8 TO JOHN FITCH.

Legislative
Records of the
Council, xix.,
162. Mass.
Archives,
Ixxili., 610.

Mass.
Archives,
Ixxiii., 609.
House Jour-
nal, pp. 201,202,
221.

A Petition of John Fitch of Lunenburgh, setting forth his Loss
& the Sufferings of himself & Family by reason of theii* being sur-
prized & captivated by the Indian Enemy & his House & all therein
burnt & destroyed by them Praying for some Relief from this Court :

Read and

Ordered that there be allowed out of the publick Treasury to
the Pef or his Order Eight pounds in consideration of his Suffer-
ings within mentioned. And to Enable him to Resettle himself and
Family on His Plantation. [Passed April 9.

CHAPTER 315.

Legislative
Records of the
Council, xix.,
162. Mass.
Archives,
Ixxxviii., 2.

Mass.
Archives,
Ixxxviii., 1.
House Jour-
nal, p. 222.
Province
Laws, iii., 560,
note.

ORDER REFERRING THE NEWBURY PETITION FOR A LOTTERY TO

BUILD A BRIDGE.

A Petition of Daniel Farnham in behalf of the Town of New-
bury setting forth the publick Benefit of having a Bridge built at
the Place called Old Town Ferry, And Praying that a Lottery may
be set up to defray the Charge of it.

Read and

Ordered that the further Consideration of this Petition be referd
till May Session. [Passed April 9.

CHAPTER 316.

ORDER GRANTING TO NATHAN BALDWIN LICENCE TO KEEP A TAVERN.

Records^of the ^ PETITION of Nathan Baldwin, shewing that he has lately hired
Council, xix., a House in Charlestown, which has for divers years been Licenced

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is April 7.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 387

for a Tavern, & lately possessed by John Bradshaw, & Praying that Archi^es^^cxi
this Court would would ' impower the Court of General Sessions of i98.
the Peace for the County of Middlesex, at their next Meeting, to Mass.
grant the Petitioner a Licence to keep Tavern in the said House: ^v^'^House^*"'

Read and Journal,p.224.

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Middlesex be allowed and impowered (if they see
cause) at their Adjournment on the l?**" Curr*^ to grant the Pef a
Licence to keep a publick House of Entertainment (He first obtain-
ing the approbation of the Select Men of Charlestown) the time for
granting Licences being elapsed notwithstanding. [^Passed April 12.

CHAPTER 317.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF
JEREM* EATON IN REGARD TO A PRIVATE WAY.

A Petition of Jeremiah Eaton of Needham, shewing that there Legislative
is a Controversy in the Court of General Sessions of the Peace for counctf x'lx''^
the County of Suffolk between the Petitioner & Robert Cook refer- iss. Mass.
ring to a private Way, laid out for the Petitioner thro the said Cooks xuii.,'452'
Land, that the Petitioner apprehends he has been unjustly treated Mass.
therein, by the Sheriff, in impanneling the Jury, Praying that the xiiif'Ilg'
Court may be directed to hear the said Case at the next Term; & House Jour-
that all Proceedings referring to the said Way may be stayed in the '^^•p-''^-
mean time.

Read and

Ordered that the Pef serve Robert Cooke within named with a
copy of this Pet" that He shew cause if any He have on the second
fryday of the next May Session why the Prayer thereof should not
be granted And all Proceedings relating to said affair are Stayed in
the mean time. {^Passed April 12.

CHAPTER 318.

ORDER DIRECTING THE COMMISSARY GENERAL TO PURCHASE GOODS
FOR THE INDIAN TRADE.

His Honour the Lieuten* Governor sent down to the House, by Legislative
the Secretary, a Letter, sent by Cpt. Jonathan Bane to the Com- council xL*".^^
missary General, to inform him of divers Particulars, which the i65. Mass.
Indians desired might be sent to the Truck House on Saco River, cxix., 428*.
for their Supply in the way of Trade

Read and

Ordered that the Commissary Gen' be directed to purchase the
above mentioned Goods and Send them by the first conveyance to
the above named Jonathan Bean for the Uses mentioned.^ {^Passed
April 12.

> Sic.

^ Not found in the House Journal.

388

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 319, 320.]

CHAPTER 319.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO
THE FALM'^ BRIDGE.

Iiegislative
Records of the
Council, xix.,
53, 170.

Mass.
Archives,
cxxl., 268.
House Jour-
nal, pp. 73, 141,
222, 226.

A Petition of the Select men of Falmouth in the County of
York, shewing that the said Town has applied to the Court of
General Sessions for said County, that a Bridge erected a cross
a Eiver in said Town called Fore River, which is gone greatly to
Decay, & the Charge of repairing it is more than the said Town
is able to defray, may be repaired & kept in Repair, in part, at
the Charge of the County; which the said Court refused to grant;
Therefore Praying that this Court would Order the said County
of York to repair the said Bridge.

The Committee on the Petition of Ezekiel Cashing & others.
Select men of Falmouth, have considered the same, & are humbly
of Opinion that the Bridge mentioned in the said Petition be re-
paired at the Charge of said Town of Falmouth only, & that said
Town be impowered by this Hon^''^ Court, to receive a Toll, during
the Term of five years, from all Persons & Carriages that pass over
said Bridge at the following Rates; viz. For every Person, One peny ;
For every Man «& Horse, Three pence ; For every Horse & Chaise, or
Horse & Chair, Four pence, For each Cart & Horse or Oxen, Six
pence; & for each Sled or Slay, Three pence: Provided neverthe-
less, that the Inhabitants of the Town of Falmouth be exempt from
paying the Toll aforesaid ; Provided also, that if the said Town of
Falmouth shall within eighteen months cause to be built a sufficient
Bridge a cross the River, above the Bridge refer'd to in the Petition,
or such Part of the said River as shall be approbated by the Court
of Sessions for the County, as convenient for a publick Road or
High way to & from the same; then the aforesaid Toll shall cease,
& the said Town shall be freed from all Obligation to maintain the
Bridge refer'd to in the Petition for the future : All which is hum-
bly submitted Jos. AYilder

Read &

Ordered that this Report be Accepted. [Passed April 12.^

CHAPTER 320.

ORDER REDUCING THE GUARD AT YORK GOAL.

Ordered that Pay and Subsistance be allowed to three men only

20*^' of this Instant. April.

Legislative
Records of the
Council, xix.,
166. Mass.
Archives,
xliii., 146.

House Jour-
nal, pp. 209, 210, 1 1 /-, 1 . ^:r 1 p

227. Ante, to Gruard the Goal m York after the
p.^3i8,chap. ^Passed April 13

^ This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is April 16.

[3d Sess.J Province Laws {Resolves^ etc.). — 1749-50. 389

CHAPTER 321.

ORDER ALLOWING £26. 13. 4 TO JN'' LARRABEE.

A Petition of John Larrabee Lieuten* of his Majestys Castle Legislative
"William, setting forth the Insufficiency of his Pay for his Support, coundi^ xii.^^
t& Prayins: that this Court would grant some further Allowance for lee Mass.

^ . c^ • Archives,

his bervice. lxxiii.,666.

Head and Mass.

Ordered that the Sum of twenty six pounds thirteen Shillings xcm^^^^'
and four pence be granted and allowed out of the publick Treas- House Jour-
ury to John Larrabee the Pef Lieu*^ of His Maj*^^ Castle W™ in °'^ '^^' '
consideration of his extraordinary Service the last year. [Passed
April IS.

CHAPTEE 322.

ORDER accepting THE REPORT OF THE COMMISS'^s jj; REGARD TO
THE BOUNDARY LINE ON RHODE ISLAND COLONY.

We THE Subscribers, appointed & Commissioned by & on the Legislative
part of said Province to run & renew the Northern Boundary Line councif xix!"^
of the Colony of Rhode Island, where it borders on said Province, lee Mass. '
from the Station set up & agreed upon by Nathaniel Woodward & 594.
Solomon Saffry in the Year 1742, & according to tlie Charter of Mass.
said Colony, & the Agreement of the Commission''^ entered into in .^s^^^House*''
behalf of said Governments upon the tenth day of January 1710, Journal, p. 228.
11; met with the Gentlemen appointed on the part of said Colony, Docunient^No.
for that purpose at the House of M"" Peletiah Man in Wrentham the ^Vg^p'^if"
tenth Instant, & spent a part of that & the next Day in debating chap_'i45;
on said Affair with those Gentlemen, k produced said Agreement, l^o^.^'''^'^*'*^''
sundry Plans &c and offered to run & renew with them said Line;
But they refused to go or join with us herein, but insisted upon our
going with tliein to a certain Place on Charles River in Wrentham,
from which they a few months since measured three miles South, &
then extended a West Line with the Variation to the West Bounds
of that Colony as they informed us; Which Line they claim, as their
North Bounds, & is about four or five miles Northward from Wood-
ward & Saffrys station; but they produced neither Evidence, Plan,
Agreement, Record or any Writing what ever to support their Claim.

We then proceeded to said Station; & altho we did not find any
Monument of Stones or a Stake, yet by a Plan made by Woodward
& Saffry, & the Courses, Ponds, Hills & Brooks therein deciphered,
It appears very evident where the Station was; We were attended
by a Committee of W^retham & several elderly Men, whom we ex-
amined on the Spot, & have taken their Evidence in Writing, which
confirm the same. On our Return to M'' Mans we found the Gentle-
men of Rhode Island still there; who then desired (tho they had
refused before,) that we would adjourn to a further Day in order
to a second Meeting; Which we consented to, & have appointed
the first Tuesday of October next to meet at said Mans, in case
the respective Governm*^^ consent thereto. We are humbly of

Opinion that it is very necessary that the Evidences refer'd to be
taken in Perpetuum, as soon as may be, the Persons being elderly,

390

Province IjAsn^ {Resolves, etc.) . — 1749-50. [Chaps. 323-325.]

& may be of Consequence, in case we should not finally agree on
running or renewing the Line. All vf"^ is humbly submitted

JoHX Chandler
James Otis
^ Joseph Heath
Eead and accepted, and

Ordered That the Commissioners on the behalf of this Province,
meet with those of the Colony of Ehode Island at the time and place
within mention'd ; And that the Said Commissioners cause the Affi-
davits referr'd to in the Eeport, as also Such others as may give
light in the Affair, to be taken in perpetuam Eei Memoriam ac-
cordingly. {^Passed April 13.

CHAPTEE 323.

ORDER DECLARING ILLEGAL THE PROCEEDINGS AT A PARISH MEETING

IN WESTBOROUGH.

Legislative
Records of the
Council, xix.,
153. Masp.
Archives, exv.,
629.

Mass.

Archives, cxv.,
628-633. Legis-
lative Records
of the Council,
xix., 167.
House Jour-
nal, pp. 212, 227.

A Petition of Josiah Eice & others of the second Precinct in
Westboro, Complaining of the irregular & illegal Managements of
the Precinct Committee at a Parish Meeting held in Novem"" last,
& Praying that all Proceedings in said Meeting may be set aside &
declared null & void.

Eead together with the Answer of James Eager & others, & the
Matter being fully considered.

Ordered that the Prayer of the Petition be granted and that all
the Proceedings at the Meeting within refer'd to, be & hereby are
superseded & set aside accordingly. [^Passed April 13.

CHAPTER 324.

ORDER ALLOWING THE ACC'T OF THE TREAS" OF DUKES COUNTY.

Legislative
Records of the
Council, xix.,
167. Mass.
Archives,
ccxlvii., 183.

Mass.
Archives,
ccxlvii., 183.
House Jour-
nal, pp. 9, 2-23.
Ante, p. 184,
chap. 121.

An Accompt presented by Enoch Coffin Esq'' Treasurer of Dukes
County for the Year 1747, of sundry Charges omitted in his former
Accompt; Having been laid by him before the Court of Gen' Ses-
sions of the Peace for said County, & by them Allowed;

Eead and

Ordered that tlie within Ace* be allowed and the Ball* thereof
being One pound twelve shillings and Eight pence the County is
accountable to s*^ Treasurer for. \^Passed April 13.

CHAPTER 325.

ORDER ALLOWING £1. 6. 10 TO PARKER LOMBARD.

Legislative
Records of the
Council, xix.,
167. Mass.
Archives,
Ixxiii., 579.

A Petition of Parker Lombard, shewing that he, being a Sol-
dier in the Service of the Province, at Topsham, the Garrison
House where he was posted was burnt down, whereby he lost a
great part of his Cloaths, his Gun, & Bills of this Province of the

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 391

Old Teuor, to the Value of Nine Pounds, Praying that his Loss Mass.
may be made good to him out of the publick Treasury. ix^m.^^sre.

Kead and naTpp.'^i6^!'227.

Ordered that the Sum of One pound Six Shillings and ten pence
be allowed out of the Treasury to the Hon^'« Sylvanus Bourn Esq'
for the Use of the Pef in consideration of the Loss within men-
tioned. [^Passed April 13.

CHAPTER 326.

ORDER ALLOWING £6. 13. 4 TO JONATH. STANHOPE.

A Petition of Jonathan Stanhope of Sudbury Praying for an Legislative
Allowance out of the publick Treasury, for Wounds he received councif xix!^^
when he was in the Service of the Province, whereby he is much les. Mass.

J. 1 1 T n T 1 Archives,

disabled from Labour. ixxiu., 659.

Read and Mass.

Ordered that the Sum of Six pounds thirteen Shillings and four ^^xurel'g
pence be allowed out of the Treasury to Col° Buckminster for the House'jour-
Use of the Petitioner for his present Relief. [^Passed A2)ril 13. "**>?•

CHAPTER 327.

ORDER DIRECTING THE COMMISSARY GENERAL TO SUPPLY CAPT.
BRADBURY WITH GOODS FOR THE INDIANS.

S* Georges April 9'" 1750 Krdsonhe

[John Wheelwright, Esq., Commissary General:] Council, xix.,

Honoured Sir Archives?'

I Shall want for the Truck by Cap' Sanders or som other Safe ^^x"-' ^^-
hand four hundred weight of tobaco one Cask of Goos shott & House Jour-

« • D&l u 229

five hundred or a thousand flints, the demand for these things '
being greater than Usual Especialy tobaco.

Sir we in these parts think it very Strange that the Gouernment
Should Seem to Delay the Trial of the wiscasik murderers & its my
Oppinion if there is not Speedy Satisfaction Given to the Lidians on
that Account it may be atended with ill Consequences, though the
Penobscots Say they dont desier the Life of any should be taken
away, for that it will not bring their Dead Back again, they also
Say the mischief done was not done to two or three or Ten but to
a great many, what satisfaction the Narrigawocks will expect (who
are more Emediatly Conerned) I know not

I am Sir your Honours most obidient Humble Servt

Jabez Bradbury

Ordered that the Commissary General be directed to Supply Cap'
Bradbury with the above mentioned particulars for the Use of the
Indians as soon as may be. \^Passed April 16.

392

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 328, 329.]

CHAPTEK 328.

Legislative
Records of the
Council, xix.,
149, 170. Mass.
Archives, xiii.,
118.

Legislative
Records of the
Council, xix.,
159. House
Journal,
pp. 201, 218, 231.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON Y'^ PETITION
OF PET. OLIVER ESQ" & OTHERS OF MIDDLEBORO AND REFERRING
THE PETITION.

A Petition of Peter Oliver Esq"" & others of the first Parish in
Middleboro Complaining of the Managements of the Parish Com-
mittee in shutting up the Meeting house, & opposing their Min-
isters Preaching there, & hindering the Petitioners from attending
the publick Worship there, & Praying for Eedress from this Court,

The Committee to whom was refer'd the Petition of Peter Oliver
Esq"" & others. Inhabitants of the first Parish in Middleboro, have
met & heard the Parties, & considered their Case; & thereupon Re-
port, that the said Parish have been greatly to blame for shutting
up & keeping fast the Doors of said Parish Meetinghouse, & thereby
excluding their Minister & the People from the Exercise of the pub-
lick Worship of God there; Which we apprehend they can by no
means justify; And inasmuch as it appeared from the Parties & their
Papers given in to us That no Provision has been made by said Parish
for Payment of said Ministers Salary for several years, & that the
said Parish had lately proceeded (without a Church Meeting, or any
Advice of a Council of Churches or Agreement with said Minister,)
to Vote him a Dismission; Which we look upon to be contrary to
the Constitution of these Churches & wholly irregular; & Are of
Opinion That this Petition be refer'd to the next Session of this
Court; And that it be recommended to the Parties, & their Min-
ister in the mean time to endeavour an Accomodation among them
selves by a mutual Council ; And that the said Meeting house Doors
for the future be not shut against the said Minister & People: All
which is humbly submitted,

By John Cushing per Order.

Read &

Ordered that this Report be & hereby is Accepted, & y' the Con-
sideration of this Petition be refer'd to the next May Session Ac-
cordingly. \^Passed April 16.

Legislative
Records of the
Council, xix.,

109, 170.

Legislative
Records of the
Council, xix.,
169. House
Journal,
pp. 215, 229, 230.

CHAPTER 329.

ORDER ON Y^ REPORT FOR THE SETTLEM^ OF NARRAGANSET TOWN-
SHIP NUMBER TWO.

A Petition of the Inhabitants of the Township called Narra-
ganset Number Two, Complaining of the Non resident Proprietors
for their not Settling upon their Lots, nor sending others to settle
there, & for their not paying their Part of the Charge of the Sup-
port of the Ministry, & other necessary Expences of the said Town,
Complaining also of the Committee for said Township, for not levy-
ing these Charges on the Delinquents Lots of Lands, & Praying that
this Court would order that their Proprietory Meetings may be held
within their Town ; & that the delinquent Proprietors may be obliged
forthwith to settle their Lots & pay their Dues or that the Petitioners
may be otherwise relieved, as this Court shall order.

The Committee appointed to take under Consideration the Peti-

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 393

tion of Philip Bemiis & others & to make Eeport, Having fully con-
sidered the same, Are of Opinion that a Committee for the purposes
hereafter mentioned be chosen by this Court in their present Session;
& that said Committee on the first AVednesday in January next, or
as soon after as may be, repair to Narraganset Number Two, & view
the Settlement there made; And the said Committee are fully au-
thorized, & are required to commence & prosecute to Effect, a Suit
& Suits in behalf of the Province, against any & every Person or
Persons whom it concern for recovering the Possession of all such
Lots or Shares as shall not be settled, agreable to the Terms or Con-
ditions of the Grant of said Township; And the said Committee are
impowered to agree with such Person or Persons as shall appear to
purchase the same, & will engage, in a reasonable time to bring for-
ward a Settlement thereof, for all such Lots or Shares, Possession
of which shall be recovered as aforesaid ; And as soon as such Per-
son or Persons shall have complied with the Terms of their Agreement
respectively, the said Committee are hereby authorized & required to
give a good & sufficient Deed or Deeds of Conveyance of all & any
such Lots or Shares ; & the Produce thereof they are required to pay
into the Province Treasury. The Committee are also of Opinion That
the Proprietors of Narraganset Number Two be obliged to hold all
their future Meetings within the Bounds of said Township. The
Committee are further of Opinion that it is necessary an Act should
pass this Court, Enabling Courts of General Sessions of tlie Peace
to give Relief to Ministers in new Townships where the Inhabitants
fail of their Contracts, in such manner as may be directed or pre-
scribed in said Act. All which is humbly submitted.

Per Order of the Comm^®® Jos. AVilder

In Council; Read &

Ordered that this Report be »& hereby is i\.ccepted; & that John
Chandler Esq"" with such as the Hon^''' House shall join, be a Com-
mittee for performing the Services in this Report first mentioned;
And that Samuel Danforth Esq"" with such as the House shall join
be a Committee to prepare the Draught of a Bill, Agreable to the
last Paragraph in the Report: In the House of Represent^^*

Read & Concur'd; & Major Curtis & Major Lawrence are joined
with John Chandler Esq'' & Coll. Otis & Coll. Choat are joined with
Samuel Danforth Esq'. ^Passed April 16.

CHAPTER 330.

ORDER ALLOWING £22. 10 TO WILLIAM SALTER AND ESTABLISHING THE
COMPENSATION FOR KEEPING THE POWDER HOUSE.

A Memorial of William Salter, Keeper of the Powder-House in House Jour-
Boston, representing his Services in that Capacity, and praying an j^^b!' ^^'

Allowance. Archives,

-r, 1 1 Ixxiii., 664.

Read and

Ordered that the Memorialist in making up his Accompt with the nai^p^ 33"'^"
Province be allowed to Charge Twenty two pounds ten Shilling's Bills
of the last Emission per Annum for his time & Service as Keeper of
the Powder House from July. 7. 1740 to the 31^^ of March last. And
that the Establishm* and Pay to the Keeper of the Powder House in
Boston be twelve pounds Lawful Money per Annum from the first of
April Instant till the further Order of this Court. [Passed April 17.

39i

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 331-333.]

CHAPTER 331.

ORDER FOR AN INQUIRY INTO THE EXCHANGE OF NEW HAMPSHIRE

BILLS OF CREDIT.

Legislative
Records of the
Council, xix.,
172. Maes.
Archives,
cxxi., 269.

House Jour-
nal, p. 232.
Province
Laws, iii., 122,
chap. 18.

It HAVING BEEN REPRESENTED to this Boarcl that a Servant of
John Storer Esqr of Wells had been compell'd by one of the Ferry
men at Newbury to receive Bills of the Government of New Hamp-
shire in Exchange for Bills of this Province in violation & contempt
of the Laws of this Government

Order\l that the Attorny General be directed to make Enquiry
into this Affair and to cause any Person or Persons against whom
sufficient Evidence shall appear to be prosecuted for the Breach of
Law aforesaid. [Passed April 17.

CHAPTER 332.

ORDER FOR SELL« STORES IN ¥■= COMMISS^^ HANDS.

Legislative
Records of the
Council, xix.,
172. Mass.
Archives,
Ixxiii., 672.

House Jour-
nal, p. 2.32.

Ordered that John Wheelw[r]ight Esq' M' Speaker and M' Allen
be directed to Cause all the Stores provided for the carrying on the
late War, now in the Commissary's Hands, to be Sold at a publick
Vandue, as soon as may be, for the advantage of the Province the
produce to be Lodged in the publick Treasury. [Passed April 17.

CHAPTER 333.

RESOLVE AND ORDER IN REGARD TO THE TAXES OF THE TOWN OF

SALEM.

Legislative
Records of the
Council, xix.,
172. Mass.
Archives, cxv.,
583.

House Jour-
nal, pp. 219, 225,
230.

Itt Appearing the Assessors of the Town of Salem in Makeing
there Assessment for the year 1749 Estimated the Capitall Stock
any Person had in Trade as also the principle of money att Interest
as well as the probable Income of the former & Lawfull Interest of
the Latter and from a Miss-Apprehention of the Law for Assessing
Estates Contrary also to the practice of other Towns rais'd the Tax
on both, whereas by Law itt Ought to have been Laid on the prob-
able Income & Lawfull Interest only whereby Great Inequality Arises
to many persons in said Town

Wherefore

Resolved that the said Assessment be and itt is liereby declared
unlawfuU voy'd & of none Effect and the Collectors to whom war-
rants have been given for Collecting the Same are hereby forbidden
to proceed any further in gathering or Collecting said assessment,
And they are hereby required forthwith to pay into the Treasurer
of said Town of Salem all Such money's as they have received in
Consequence of such warrants whether of province Town or County
taxes and to Deliver up to the said Treasurer the Eespective rate
List with Creditt to Each mans name of what he has pay'd

Resolved Further And itt is hereby

Order d that the Assessors of said Town for the year 1750 in make-

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 395

ing their Assessment for this present year shall also assess y'' said
Town of Salem for the whole sum of province Town & County
Charges that they were assess'd in the year 1749 Over & above
what they are to be assess'd the present year, and in takeing their
list for Assessment shall only Tax the probable Income of Trade-
ing Stock And the Lawfull Interest of Money, all other Estate
to be Assess'd as the Law directs. And the province Treasurer is
hereby Impowred and Directed to Send out Warrants to the Col-
lectors of said Town of Salem for the year 1750 Eequiring them
to Collect the said province Tax Assess'd on said Town in 1749
and the said Assessors for 1750, as also the Clerke of the Peace of
the County of Essex is alike Impowred to Issue their Eespective
Warrant to the last Mentioned Collectors requiring them to Collect
the Town & County Taxes that are to be assess'd as afforesaid And
Each the Collectors are required in Collecting Such assessment to
give Creditt to any Person born on his rate list so much as itt Ap-
pears he has pay'd of the Taxes of the year 1749 and if any per-
son has pay'd more on the said Tax of 1749 then the whole that
he may be Rated for province Town & County Tax in the year 1750
as afforesaid he shall be refunded the overpluss by the said Town
Treasurer and in Case itt should so happen that by reason of

this Creditt or discount that Either of the Collectors shall give for
the Moneys paid on the Tax of y*^ Year 1749 he shall not Collect
Sufficient to discharge the Sums Sett in his province Town & County
warrants Respectively to Collect the said Town Treasurer shall on
Demand pay to Such Collectors out of the money he has receiv'd
as afforesaid Such Sums as may Enable him to Discharge The said
Sum in his said Warrant Respectively. [Passed April 17.

CHAPTER 334.

ORDER IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF
BRISTOL TO PROVIDE FOR THE SETTLEMENT OF THE ESTATE OF
PHILLIP WALKER.

[A Petition of Jeremiah Allen, Ann his wife Executrix of the Mass.
Estate of Phillip Walker, deceased, Oliver and Phillip Walker, sons xvm.76l)5.
of deceased, praying for a division of said Estate.] ua^.

Read and in Answer, • "^^— '^*iu_fin

Ordered that the Judge of Probate for the County of Bristol be m)useJour- '
and He hereby is Impowered To appoint Five Freeholders in s*^ nai, pp. 109,221.
County & Administer An Oath to them To make a Division of the
remain'g part of y^ Real Estate mentiond in this Petition To &
Among The s"^ Dec"^^ Children So y' Each of &^ Children may have
& hold Such a proportionable part Thereof as y® s'^ Dec*^ Intended
they should have by his will afores'' In y*^ whole of y*^ real Estate
Devised to them by his will afores'^. \^Passed Ajjril 18.

396

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 335-338.]

CHAPTER 335.

Legislative
Records of the
Council, xix.,
174. Mass.
Archives,
Ixxiii., 674.

House Jour-
nal, p. 10.

ORDER ALLOWING A GUN TO AMOS UPTON.

Ordered that the Commissary Gen' be directed to deliver to Cap'
Eaton a good Gun out of the Province Store for the Use of Amos
Upton of Eeading in consideration of that which was Lost by his
Apprentice William Bickford in the Service of the Province. \Passed
April 18.

CHAPTER 336.

Legislative
Records of the
Council, xix.,
174. Mass.
Arcliives,
Ixxiii., 673.

House Jour-
nal, p. 235.

VOTE FOR PRESERVING THE CARRIAGES AT CASTLE WILLIAM.

Voted that His Hon"" the Leiu' Governour be desired to Cause the
Guns of the Eoyal Battery at Castle William to be dismantled in
order to preserve the Carraiges under Cover from the Injury of the
Weather. \^Passed Ajjril 18.

CHAPTER 337.

ORDER ALLOWING £100 TO THE COMM^'''

WILLIAM.

ON THE REPAIRS TO CASTLE

Legislative
Records of the
Council, xix.,
174. Mass.
Archives,
Ixxiii., 577.

Mass.
Archives,
Ixxiii., .577.
House Jour-
nal, pp. 232, -235.
Province
Laws, xiii., 109,
chap. 230; 121,
Chap. 261.

A Memorial of John Jeffries Esq'' for himself & the rest of the
Committee appointed by the General Court, in the Year 1742, to
take Care of the Eepairs of Castle William & for erecting the new
AVorks there, shewing that they have diligently attended the said
Business till this present time, And therefore Praying that this
Court would consider their Services, tfe make them some suitable
Allowance for the same

Read and

Ordered that the Sum of One hundred pounds be allowed the
within mentioned Committee in full Consideration for their Ser-
vice.

And that the Sum be proportion'd. among them according to
their several Services. {^Passed April 18.

CHAPTER 338.

Legislative
Records of the
Council, xix.,
174. Mass.
Archives,
xliii., 318.

Mass.
Archives,
xliii., 317, 319.
House .Jour-
nal, p. 235.
Ante, p. 388,
chap. 320.

ORDER ESTABLISHING THE PAY AND SUBSISTENCE OF THE GUARD AT
THE YORK COUNTY GOAL.

A Memorial of Coll. Jeremiah Moulton, shewing that by Order
of his Honour the Lieuten' Governor, he placed a Guard of nine
Men at the Goal in the County of York; six of which are ordered
to be dismiss'd on the 20*^ Instant, Praying that this Court would
make an Allowance for their Service from the 11'^'' Day of January
last (when they first enter'd upon the Service) to the 20*"* Instant
the Time appointed for their Dismission.

Read and

Ordered that there be allowed out of the publick Treasury to

[3d Sess.] Province Laws {Besolves, etc.). — 1749-50. 397

eacli of the Nine Men within mentioned from January 11"' last to
the 20^^ of April Currant at the rate of twenty Shillings per Month
as Wages. And Six Shillings per Week for their Subsistauce.

[Passed April 18.

CHAPTER 389.

ORDER ON THE PETITION OF SAMUEL AND PENELOPE DARLING IN
REGARD TO THE DIVISION OF AN ESTATE.

A Petition of Samuel Darling & Penelope his Wife (late Widow Legislative
of Noah Butterworth late of Rehoboth DeC^) together with the Guar- counc*if, x*ix^,^
dians of the Sons of the said Noah & the Husbands of his Daughters, 174. Mass,
shewing that by Order of Nathaniel Blagrove Esq'' late Judge of the xvfii.^ei^e.
Probate of Wills for the County of Bristol (& now Deceased) a Divi- Mass.
sion was made of the Estate of the said Noah, by Persons appointed xvm^^eis
by the said .Judge, & soon after returned into the Registers Office, House Joiir-
but not recorded, Praying that the present Judge of Probate for said '^"
County may be impowered to allow of the said Division, & that it
may be put upon Record in the Registry of Probate for said County.

Read &

Ordered that the Prayer of the Petition be granted & George
Leonard Esq"^ present Judge of Probate for the County of Bristol
is impowered to allow of the Division within mentioned, & to order
the Same to be recorded in the Registry of Probate for s*^ County.
[Passed April 18.

CHAPTEE 340.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
ANDREW HALL JR. FOR A WRIT OF REVIEW.

A Petition of Andrew Hall Jun' shewing that James Pitts of Legislative

• • • KGCorciB or ttiG

Boston Merchant commenced an Action against the Petitioner for council, xix.,
the Delivery of a Quantity of Salt according to Agreement, that ^rcw^es^^'
the Petitioner went to Sea before the Action was tried, depending xiiu., 164*.
upon his Attorney to defend him, but he failed him; And so the Mass.
Action went against him by Default, Praying that he may be enabled xmi^.'m!
to bring forward a Writ of Review of the said Action at the Superior ^|ford8o?the
Court for the County of Suffolk, & have a Trial by a Jury, & that council, xix.,
the Execution against him may be stayed in the mean time. jourim?,"i).%29.

Read with the Answer of M"" James Pitts, And the Matter being
fully considered.

Ordered that the Prayer of the Pet" be granted ; And the Pef is
allowed & impowered by a new Process to review the Cause within
mentioned at his Maj'^"* Inf Court of Common Pleas, next to be
holden at Boston in [&] ' for the County of Suffolk on the first
Tuesday of July next; And the Justices of the s*^ Court are like-
wise impowered & directed to hear & try the same, make up Judgm'
& award Execution thereon, pursuant to Law; And the Execution
within mentioned is stayed in the mean time, provided the Pef
give sufficient Security to the Sheriff of the County of Suffolk to
pay the sum already recovered or such Sum, as shall be finally re-

^ Inserted from State Library copy of Legislative Records of the Council, xix., 186.

398

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 341, 342.]

covered of him on said Action with lawful Interest therefor from
this time; And that he notify the said James Pitts or his Attorney
of this Order fourteen days at least before the Sitting of the said
Court.' [Passed April 19.

CHAPTER 341.

Legislative
Records of the
Council, xix.,
175. Mass.
Archives,
Ixxiil., 662.

Mass.
Archives,
Ixxiii., 560-563.
Province
Laws, xiii., 465,
chap. 1.

ORDER ALLOWING TO SARAH SOUTHWICK THE WAGES OF HER SON.

A Certificate of Cpt. Jonathan Hubbard, That Benjamin South-
wick was a Soldier in his Company at Cape Breton; & that there was
due to him for Wages the Sum of £35, Old Tenor: Also a Eequest
from Sarah South wick, Mother of the said Benjamin to the Committee
of War to pay the said Wages to Cpt. Thomas Eaton for her Use.

Ordered that the Comm^* of War be directed to pay to Cap' Eaton
for the Use of the within named Sarah Southerick the Sum of four
pounds thirteen shillings and four pence in full consideration of the
Wages due as within mentioned.* [Passed April 19.

CHAPTER 342.

Legislative
Records of the
Council, xviii.,
487 ; xix., 176.
Mass.
Archives,
Iviii., 359.

Legislative
Records of the
Council, xviii.,
488. House
Journal,
pp. 197, 238.
Ante, p. 194,
chap. 147.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF EDWARD HUTCHINSON TREASURER OF HARVARD COLLEGE,
IN REGARD TO TAXATION AND FURTHER REFERRING THE CHELSEA
PETITION.

A Petition of the President & Fellows of Harvard College in
Cambridge, Setting forth that for several Years last past the As-
sessors of the Town of Boston have taxed the Treasurer of the said
College for Monies belonging to the said College by him put out to
Interest, which the Petitioners apprehend is contrary to the Privi-
ledges of the said College Therefore praying for Eedress from this
Court.

The Committee, to whom was refer'd the Petition of the Eev*^
Edward Holyoke President of Harvard College, having heard the
Parties & considered the Affair, are of Opinion that the Assessors
ought not to have taxed the Hon*"'® Edward Hutchinson Esq'' Treas-
urer of said College, for said College Money, by him let out upon
Interest ; & that the said Edward Hutchinson be freed & discharged
from said Assessments mentioned in said Petition : And we are further
of Opinion that the Assessors of the Town of Chelsea ought not to
tax the College Lands : All which is humbly submitted.

Per Order of the Comm*'^'' Joseph Wilder

Eead, &

Order\l that this Eeport be so far accepted as relates to the Peti-
tion of the President & Fellows of Harvard. Colledge, and that the
assessors, Collectors & Treasurer of the Town of Boston conform
themselves accordingly: And that the Consideration of the Peti-
tion of the Eepres""^ of Chelsea be referred to the next May Ses-
sion. [Passed AjJril 19.

^ The final action on this petition is not found in the House JournaL
2 Not found in the House Journal.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 399

CHAPTER 343.

ORDER ALLOWING £108. 5. 84 ON ACQt OF REBUILDING THE COURT

HOUSE.

An Accompt presented by Jacob Wendell Esq' & others a Com- Legislative
mittee appointed to take Care of the Repairs & Eebuilding of the gounc'if, xix"",®
Court House in Boston, of the Charge thereof, Ballance due from ne.
the Province being £108. 6. 84-. House Jour-

Kead & ^„|g^ p.'iio,

Ordered that the within Accompt be Allowed ; & that the Ballance ^'^^p- '^'^•
thereof, being One hundred & eight Pounds six shillings and eight
pence half peny be allowed the Committee out of the publick Treas-
ury accordingly. \^Passed April 19.

CHAPTER 344.

ORDER ALLOWING £66. 13. 4 TO THE COMMITTEE FOR REBUILDING Y*^ Legislative

COURT HOUSE. Records of the

Council, XIX.,
176. Mass.

Ordered that the Sum of Sixty Six pounds thirteen shillings and xUx^^Itt!
four pence be allowed & p*^ out of the publick Treasury to the Com- House Jour- —
mittee for repairing the Town House &c in consideration of their nai,pp.236,2.S7.
time and trouble in taking care of said Repairs t&c to be equally m.^"'^ *^'
proportion'd among them. [Passed April 19.

CHAPTER 345.

ORDER ALLOWING £5 TO ANTH-^ GLAZIER.

A Petition of Anthony Glazier, setting forth his great Services Legislative
to the English at the Siege of Louisbourgh by many Discoveries he ^uncff x^ix!**
made to them of the State of the Place, which facilitated the Reduc- iV7. Mass.' ''
tion thereof; Praying for some Allowance from this Court for the b^xiihllieV.
Support of him self & Family: miss.

Read and A*" m'' ee-

Ordered that the Pef be allowed five pounds out of the publick House' Jour.
Treasury in consideration of his Service withinmentioned. [Passed ^*?> pp- i"^' ^os*
April 19.

CHAPTER 346.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF ISAAC LITTLE, ASSIGNEE, FOR A WRIT OF REVIEW.

A Petition of Isaac Little Esq"" as Assignee to Nahum Ward, Legislative
Praying for liberty to reveiw an Action which he prosecuted at the council, xviii.,
Inferiour Court in Plimouth County, held in the Year, 1734, against ^38; xix., i76.
John Cook, James Cook & Joseph Cook, as also another Action Archives
he prosecuted against James Cook on a Bond of £60 which Contro- xiin., 112.'

400

Province Laws (Resolves, etc. ) . — 1749-50. [Chap. 347.]

Legislative vei'sies were attended with such Circumstauces as have necessarily
councn^, xix!!^ hindred his pursuing them in the Law.

j'ourim^"^*26o "^^^^ Committee to whom the Petition of Isaac Little Esq'' was
(April, 1748)"; rcfer'd, have heard the Parties & considered of the same, & are of
m^^^'""^'"^' Oi^inion That the Prayer of the Petition be so far granted as that
the Award be set aside & made void, Provided the Petitioner pay
the said Eussell within ten days one half of the Charge of the
Arbitration mentioned in said Petition; Which said Eussell has
already paid or given Security.

All which is humbly submitted: Jn° Greenleaf

Eead &
Ordered that this Eeport be Accepted. \^Passed April 20.^

CHAPTER 347.

VOTE GRANTING A TOWNSHIP TO CPT. HOBBS'S & CPT. PIERSONS

COMPANIES.

Legislative
Records of the
Council, xix.,
177.

Maps and
Plans, Mis.,
xiii.,10.
House Jour-
nal, pp. 74, 111,
11-2, 203, 2.i:). 222,
226, 231, 236.
Province
Laws, v., 976,
note.

Voted that a Township of the Contents of six miles square, on
the North west Side of the Line from Sabago Pond to the Head
of Berwick, against Gorham Town & Number One, be & hereby
is granted to Cpt Humphrey Hobbs & Company, & to Cpt. Moses
Pierson & Company & those who have signed his Petition, Pro-
vided that they take Associates of the Cape Breton Soldiers, so
called, not excluding the Eepresentatives of such as are dead, so
as to make the whole Number of Grantees One hundred & twenty;
Sixty of which to settle in distinct Families on said Township
within three years from this time, & Sixty more within seven years
from the same time. Each Settler or Grantee to give Bond to the
Treasurer of this Province for the time being, within twelve months
from this time, in the sum of Twenty Pounds, Conditioned (if of
the first Settlers) that he will by himself or some other Person, build
an House on his Share, eighteen feet long, sixteen wide, & seven
feet Stud, bring to »& fit for plowing or pasturing five Acres of Land
within three years from this Date; And if of the second Settlers, to
perform the same Conditions within seven years of the same time;
& cause a suitable Meeting House, for the publick Worship of God,
to be built in the Township, & a learned orthodox Minister of good
Conversation to be settled among them, within five years: The whole
Township to be in One hundred & twenty three equal Shares, One
for the Ministry, one for the School, & one [for the] ^ first settled
Minister, the Eest in equal Shares among the said Grantees: And
in case any of the Proprietors shall fail of performing his Part of
the Conditions, to be expressed in his Bond, as aforesaid; the Treas-
urer of the Province for the time being shall, & he is liereby im-
powered & directed in his own Name, for the Use & Order of this
Governm' to put such Delinquents Bond in Suit; And the Sliare of
of ^ such delinquent Proprietor is hereby declared & made liable to
an Extent of Execution for the Satisfaction of any sum, that may
be, by the said Treasurer recovered on the Settler aforesaid, where
other Estate is not to be found; Any Conveyance of such Delin-

* This date is according to Mass. Archives and the House Journal ; according fo Legis-
lative Records of the Council the date is April 19.

^ Inserted from State Library copy of Legislative Records of the Council, xix., 188.
3 Sic.

[3d Sess.] Province Laws {Resolves, etc.). — 1749-50. 401

quent Proi^rietors Share to any other Person or Persons, that may
have then been made notwithstanding: The said Township to be
laid in as regnhir a Form, & witli as little Prejudice to the other
Province Lands as may be ; A Plan thereof to be taken by a skil-
ful Survey'' & Chainmen on Oath, & returned to this Court within
twelve months for Confirmation; And that Jabez Fox, Ezekiel Cush-
ing & Enoch Freeman Esq''^ be a Committee to take the said Bonds,
& transmit them to the Treasurer of this Province; The Charge
thereof to be born by the Petitioners. \^Passed April 20.

CHAPTER 348.

VOTE TRANSFERRING APPROPRIATIONS.

Fo^erZthat the sum of Two hundred & forty one Pounds be trans- Legislative
fer'd from the Appropriation for Defence of the Province ; & that councu^ xix.^^
the sum of Forty two Pounds ten shillings be transfer'd from the i78.
Appropriation where there is no Establishment, & Thirty seven House Jour-
Pounds from the Appropriation for Contingencies; And that the°*'^'
three afore said Sums be aj^plied to the Payment of the Members
of the House of Represent'' ^ \^Passed April 20.

CHAPTER 349.

ORDER ALLOWING £6. 4. 8^ TO EDWARD SUMNER.

A Petition of Edward Sumner of Roxbury, shewing that his Sou Legislative
Ebenezer Sumner was an Officer in the late Expedition against Cape ^un^'Jf xlx!*^
Breton, & that soon after his Return he died, not having received ns. Mass.
the full of Wages for the said Service, Praying that the Memorialist ixxiii.^e^.
may be allowed the said AVages : Mass

I^eadand ^xm^Ss.

Ordered that the Comm'^'' of War be directed to Pay the Pef Six House' Jour-
Pounds four Shillings and Eight pence half penny in consideration pro'vince ' '
of his Son's Service within mentioned. \^Pa8sed April 20. ^h&v'i'^^^''^^'

CHAPTER 350.

ORDER ALLOWING £5. 1. 6 TO EBEN" HOLMES.

A Petition of Ebenezer Holmes of Rochester, shewing that he Legislative
was employed as a Soldier in the Service of the Province, in the councif, xlx*!^
Eastern Frontiers, but liis Name was left out of the Muster Roll, ns. Mass.
so that he has hitherto had no Wages; Praying that his Wages may ixxiii.,638.
be allowed by this Court. Mass.

"Rp'irl flnrl Archives,

j-ictiu. ctiii-i ixxiii. 638 639.

Ordered that the Pef be allowed and paid out of the publick House' Joiir-
Treasury five pounds One Shilling and Six pence for his Service °ai.PP-234,239.
therein mentioned. \^Passed April 20.

402

Province Laws {Resolves, etc.). — 1749-50. [Chaps. 351-353.]

CHAPTER 351.

ORDER ALLOWING £15. 0. 1^ ON ACC^ OF CHARGE FOR THE PIGWACKET

INDIANS.

Legislative
Records of the
Council, xix.,
178.

House Jour-
nal, pp. 239, 240.
Province
Laws, xili.,'597,
chap. 11.

An Accompt presented by Benjamin Hammond of the Charge
of maintaining the Indians of the Pigwacket Tribe.

Read &

Ordered that there be allowed out of the publick Treasury the
sum of Fifteen Pounds & one peny half peny in full of the within
Accompt & the Allowance to the Committee; And that the Treas-
urer be directed to pay the same to James Otis Esq' for the Use of
the Committee. [Passed April W.

Legislative
Records of the
Council, xix.,
178. Mass.
Archives,
xlix., 278.

House Jour-
nal, p. 240.

CHAPTER 352.

ORDER REFERRING ALL UNFINISHED MATTERS.

Ordered that all Matters now lying before this Court and that
shall not be pass'd upon this Session : have the Same day in the
next May Session. [Passed April 20.

Legislative
Records of the
Council, xix.,

178.

House Jour-
nal, p. 227.

CHAPTER 353.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF
GOVERN« BELCHER FOR A CHANGE OF VENUE IN A TRIAL OF TITLE
TO LAND.

A Petition of his Excellency Jonathan Belcher Esq"" Govern' of
New Jersey, shewing that a Cause between him & Sylvester Eich-
mond Esq"" referring to the Title of certain Lands in the County of
Bristol, & now depending, by Writ of Eeview, in the Superior Court
can not be tried in the said County with any Justness & Impartiality,
so many Persons Families & Towns in said County being interested
in the Event of said Action ; & therefore Praying that the said Action
may be tried in some other County & that all Proceedings thereon
may be staid in y® meantime

Read &

Ordered that the Petitioner or his Attorney serve Sylvester Rich-
mond Esq"" with a Copy of this Petition, that he shew Cause, if any
he hath, on the second Fryday of the next May Session, why the Prayer
thereof should not be granted. And all Proceedings with respect
to the Writ of Review &c are stayed in the mean time. [Passed
April 20.

RESOLVES, ORDERS, VOTES,

ETC.

Passed 1750-51.

[403]

LEGISLATIVE LIST^

1750-51

The Honorable SPENCER PHIPS, Esq., Lieut. Governor,
Captain-General and Governor-in-chief, etc.

JOSIAH WILLARD, Esq.,

SECRETARY OF thb PROVINCE.

COUNCILLORS. OR ASSISTANTS.

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

John Osborne
EzEKiEL Lewis
Francis Foxcroft

JOSIAH WiLLARD

Jacob Wendell
Thomas Berry
Joseph Wilder
Benjamin Lynde
Daniel Russell

Samuel Danforth
William Foye
John Greenleaf
Samuel Watts
»Esqrs. John Quincey

John Chandler
Ezekiel Chever
Joseph Pynchon
Thomas Hutchinson

■ESQRS.

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

John Gushing ^-^ Sylyanus Bourn

George Leonard

ESQRS.

John Otis

[Esqrs.

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

Sir William Pepperil, Baronet, Jeremiah Moulton k John Hill, Esqrs.

Of the Inhabitants of or Proprietors of Lands luithin the Territory lying
bettoeen the River of Sagadahoch S Nova Scotia ;

John Wheelwright, Esq.

1 See Legislative Records of the Council, xix., 180-183.
[405]

406 Froyince Li Aws (Besolves, etc.). — 1750-51. [Representatives.]

For the Province, at large : —
James Minott & Andeew Olivek, Esqrs.

REPRESENTATIVES OR DEPUTIES.

May 30, 1750 to April 27, 1751.
Mr. THOMAS HUBBARD, Speaker.

County of Suffolk.

Boston, . . . James Allen, Esq.,

Thomas Hubbard, Esq.,
Mr. John Tyng,
Mr. Harrison Gray.

Roxbury, . . Capt. Joseph Williams.

Dorchester, . . Capt. Thomas Wis wall.

Braintree, . . Mr. Joseph Crosby.

Weymouth, . . Mr. Thomas Pratt.

Hingham, . . Mr. Jacob Cushing.

Bedham, . . Joseph Richards, Esq.

Stoughton, . . John Shepherd, Esq.

Chelsea, . . Nathaniel Oliver, Jr., Esq.

Salem, .

Ipswich,

Newbury,

Lyn, . .

Andover,

Marblehead

Haverhill,

Beverly,

Rowley, .

Salisbury,

Olocester,

Amesbury,

Boxford,

County of Essex.
. Mr. John Leach,

Mr. Daniel Gardner.
. Mr. Francis Cogswell.
. Joseph Gerrish, Esq.
. Capt. Benjamin Newhall.
. Capt. Joseph Fry.
. Mr. John Bailey.
. Mr. Nathaniel Saunders.
. Mr. Daniel Conant.
. Mr. Joseph ' Hale.
. Capt. Elias Dyke.«
. Capt. James Davis.
. Caj^t. John Sergeant.
. Mr. John Foster.

County of Middlesex.
Cambridge, . Andrew Boardman, Esq.,

Edmund Trowbridge, Esq.
Charlestown, . Isaac Royal, Esq.,

Mr. James Russell.
Waterloum, . Jonas Bond, Esq.
Concord, . . Chambers Russell, Esq.,

Mr. Ephraim Jones.
Reading, . . Capt. Thomas Eaton.

County of

Newtow7i, .
Sudbury, .
Marlborough,
Billerica, .
Framingham,
Lexington, .
Chelmsford,
Maiden, .
Westo?i, .
Medford,
Littleton,
Stoiv,

Hopkinto7i, .
Westford, .

Middlesex — Concluded.
Thomas Greenwood, Esq.
Mr. William Rice.
JVIr. James Woods.
Mr. James 3 Stickney.
Joseph Buckminster, Esq.
Capt. Benjamin Read.
Mr. Daniel Proctor.
Joses Bucknam, Esq.
Mr. Abijah Upham.
Andrew Hall, Esq.
Jonathan Prescot, Esq.
Mr. John Pierce.
John Jones, Esq.
Mr. Jonas Prescot, Jr.

County of Hampshire.

Sprijigjield, . Josiah Dwight, Esq.
Northampton, . Mr. Ebenezer Pomroy, Jr.
Hadley, . . . Eleazar Porter, Esq.
Hatfield, . . Israel Williams, Esq.
Westfield, . . Mr. Israel Ashley.
Deerfield, . . Ebenezer Hinsdale, Esq.
Sheffield, . . Capt. John Ashley.
Sunderland, . Mr. Jonathan Field.

County of Worcester.

Worcester, . . Benjamin Flagg, Esq.

Lancaster, . . Capt. William Richardson.

Brookfield, . . Josiah Converse, Esq.

Leicester, . . Mr. John Brown.

Sutton, . . . Mr. Benjamin Woodbury.

Uxbridge, . . John Harwood, Esq.

Mendon, . . Mr. Nathanael Nelson.*

County of Plymouth.

Plymouth, .

Scituate,

Bridgwater,

Thomas Foster, Esq.
Thomas Clap, Esq.
Capt. Josiah Edson.

The House Journal, p. 4, reads, " Mr. Moses Hale."

The House Journal, p. 4, reads, "Capt. Elias Pike.''

The House Journal, p. 4, reads, " Mr. William Stickney."

The House Journal, p. 4, reads, " Mendon, Mr. Nathanael Nelson.

[Representatives.] Province IjAws {Besolves, etc.). — 1750-51. 407

County of Plymouth — Concluded.

Pembrook,

Plimpton,

Rochester,

Hanover,

Marshfield,

Mr. Israel Turner.
Capt. Barnabas Shirtlief.
Capt. Noah Sprague.
David Stockbridge, Esq.
John Little, Esq.'

County of Barnstable.

Barnstable,

Sandwich,

Yarmouth,

Eastham,

Harwich,

James Otis, Esq.
Samuel Tupper, Esq.
Joseph Thatcher, Esq.
Samuel Knowles, Esq.
Mr. Edward Banofs.

County of Bristol.
Taunton, . . Samuel White, Esq.
Behoboth, . . Mr. Nathaniel Smith.

* History of Plymouth County, p. 1147,

County of Bristol — Concluded.
Dartmouth, . . Capt. Nathaniel Sole.

Norto7i, .

. Mr. Josiah White.

Attleborough,

. Mr. Benjamin Day.

Freetown,

. Mr. Samuel Valentine.

Swanzey,

. Eseck Brown, Esq.

County of York.

York, . .

. Capt. Thomas Bragdon

Kittery, .

. Mr. John Dennet.

Berwick, .

. Mr. William Gerrish.

Wells,

. John Storer, Esq.

Falmouth,

. Jabez Fox, Esq.

North Yarmouth, Jeremiah Powell, Esq.

In the County of Nantucket.
Sherburn, . . Abishai Folger.
reads, under Marshfield, "John Little," Esq.

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON the Thirtieth Day of May, A.D. 1750.

CHAPTER 1.

ORDER ALLOWING £296 TO HUMPHREY AVERY.

A Petition of Humphrey Avery of Preston in the Colony of Legislative
Connecticut, shewing that on the li''' day of Decern'' 1748, his Councif, xix.,
Dwelling house was burnt, & therein Seventy four Pounds in Bills Archiv^^s^^'
of Credit of this Province, of the last Ten' wholly consumed, Pray- ixxxvii.,'62.
ing to be allowed that Sum by this Court: Mass.

T) J J Archives,

Keacl ana ixxxvii.,6o-65.

Ordered that the Pef be allowed out of the publick Treasury nai"?fp'^i"ii
the Sum of two hundred and Ninety Six pounds in Bills of Credit
of the Colony of Connecticut of the Old tenor so called, in Lieu
of that Sum in Bills of Credit of this Province consumed by fire.
[Passed Jtiue 2.

CHAPTER 2.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF Legislative

THE INHABITANTS OF CHEBACCO. Records of the

Council, XIX.,
186. Mass.

On the Petition of John Goodhue & others of Chebacco, [ante^ Archives, xiii.,
p. 288, chap. 68] ^^

Read and Archives, xiii..

Ordered that this Pet" be revived and that the Pet" serve Samuel i^^trve^Recor^ds"
Low with a copv of this Pet" that He and Others of the second Parish °f the council,

T • 1 -tT,T\ 11,1 1 tv 111 r,i XIX., 64. House

in Ipswich, Who apprehend themselves anected thereby may Shew Journal, p. 12.
cause (if any they have) on Fryday the 23<^ Curr^ why the Prayer ^liples.^^^'
thereof should not be granted And all processes in the Law are
Stayed in the mean time. [Passed June 2.^

CHAPTER 3.

ORDER OF NOTICE ON THE PETITION OF TWO PROPRIETORS IN REGARD
TO THE SETTLEMENT OF TOWNSHIP NO. FOUR.

A Petition of David King & William Watson; two of the Pro- Legislative
prietors of Land in the New Township in the County of Hamp- councif, xlx!",^

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 5.

[409] •

410

Province Laws (Hesolues, etc.). — 1750-51. [Chaps. 4, 5.]

187. Mass. shire called Number Four, shewing that they are daily carrying
680? '^^*''*'^^"' on their Settlements in said Place, & design to be soon upon their
Mass. Land with their Families, And therefore that this Court would

Archives, cxv., order the other Proprietors to settle there, according to the Terms

(579. House <• 1 • /^

Journal, pp. 13, 01 their Grant.

Eead and

Ordered that the Pet" serve the Clerk of the Prop" of the Town-
ship within mentioned with a Copy of this Pet° That He lay
before this Court on the Second thirsday of their next Sitting, the
Grant of the said Township together with the Names of the Grantees :

Distinguishing those who have from those Who have not Com-
plyed with the said Grant. And this Pet° is refer'd in the mean time
for Consideration. [Passed June 5.

14. Provmce
Laws, xii., 404,
chap. lot).

CHAPTER 4.

ORDER ALLOWING £4 TO DORCAS CUTT.

Legislative
Records of the
Council, xix.,
188. Mass.
Archives,
Ixxxvii., 58.

Mass.
Archives,
Ixxxvii., 57-59.
House Jour-
nal, pp. 14, 17.

A Petition of Dorcas Cutt of Kittery Widow Praying to be
allowed out of the publick Treasury the sum of Thirty Pounds in
Bills of the Old Tenor, she having that Value in Bills of this Prov-
ince burnt in the House of her Son in Law the Eev*^ M"" Whipple
of Hampton:

Read and

Ordered that the Pef be allowed out of the publick Treasury the
Sum of four pounds in Lieu of that Sum consumed by fire as within
mentioned. [Passed June 6.^

CHAPTER 5.

ORDER DIRECTING THE COMMISSARY GENERAL TO ALLOW A CLAIM OF
COLL. JER. MOULTON.

Legislative
Records of the
Council, xix.,

188. Mass.
Archives,
Ixxiii., 681.

Mass.
Archives,
Ixxiii., 680-683.
House Jour-
nal, pp. 14, 17.

A Memorial of Jeremiah Moulton Esq"' shewing that the Com-
missary General had sent to him, by a Sloop, whereof one Josiah
Webber was Master, a Quantity of Provisions for the Subsistence
of the Soldiers in Pay, that upon Opening the Cask, he found that
the Quantity of a Barrel of Pork & about One hundred & an Half
of Bread was pilfered; but the said Webber had before absconded,
so that he could not pursue him. Praying that he may be discharged
of the said Pork.

Read and

Ordered that the Prayer of the Pet° be granted and the Commis-
sary Gen' is hereby Ordered to Discount with the Pef a Barrel of
Pork and a hundred and half of Bread accordingly. [Passed June 7.

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 7.

[1st Sess.] 'Province Laws {Besolves, etc.). — 1750-51. 411

CHAPTEK 6.

ORDER IMPOWERING RUHAMAH BOND AS GUARDIAN TO SELL LAND.

A Petition of Ruhamah Bond of Lexington, Guardian to her Legislative
two Daughters being Minors, Praying that she may be impowered councu^.xix!!®
to join with their Brother in Conveying their Part of a Piece of iss. Mass.
Land of the Quantity of fifteen Acres left them by their Father, xviii., eei'.
Her Son being about to sell his Part; Mass!

"Rpnrl it Archives,

T; , , T. xviii., 660.

Ordered that the Pef be Impowered in her Capacity as Guardian House Jour.
to make Sale of the Land herein mentioned for the most it will fetch. proVmce'
She Observing the directions of the Law with respect to the Sale of ^ha^!'io."' ^^^'
Intestate Estates, and giving caution to the Judge of Probate for the
County of Middlesex, that the produce of said Sale be Secured for
the best advantage of the said Minors pursuant to Law. [Passed
June 7.

CHAPTER 7.

ORDER REFERRING WITH STAY OF PROCEEDINGS THE PETITION OF Legislative
GOV BELCHER FOR A CHANGE OF VENUE IN A TRIAL OF TITLE Records of the

•rr\ T A TVTT-k council, XIX.,

TO LAND. 189. Mass.

Archives,

On THE Petition of His Excellency Governor Belcher, [ante, " ^ "' "

p. 402, chap. 353] _ ... Archives,

Ordered that the Consideration of this Petition be refer'd to the nouse^Jouf '
first Fryday of the next Sitting of this Court, And that all Proceed- nai, p. i9.
ings on the Writ of Review be staid in the mean time. [Passed chap. 353. '
June 8.

CHAPTER 8.

VOTE DIVIDING THE FIRST PARISH IN KITTERY INTO TWO PARISHES.

Voted that the first or Lower Parish in Kittery within the County Legislative
of York Be k Hereby is Divided & Erected into two Distinct & Sep- SmAxix*!®
erate Parishes, And that the Dividing Line Between them be as fol- i89- Mass.
lows viz Beginning at a Large Smooth Rock Lying in the Middle or \m.
Bottom of the Road from York to Portsmouth Ferry at High Watter Mass.
Mark By S'l Ferry at the westward Corner of S'l Rock Near S-^ Ferry t^^^T' ''"'■'
House & from thence to Run North fifty four Degrees East to York
Bounds and that all the Lands & Inhabitants Dwelling thereon. Lying
Above or Northward of S*^ Line be the Middle or third Parish in S*^
Town of Kittery and Be Invested with all the Powers, Priveledges
& Immunities that the Inhabitants of any of the Parishes within
this Province by Law are or ought to be Invested with And that
all the Lands & Inhabitants Dwelling thereon, together with all the
Islands Lying Below or South ward of S'* Line Be the first or Lower
Parish in S'^ Town of Kittery And Be Invested with all the Powers,
Priveledges & Immunities that the Inhabitants of any of the Parishes
within this Province by Law are or ought to be Invested with On
Condition that the Rev*^ m'' John Newmarch their Present Pastor Be

412

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 9-11.]

Supported & Maintained between them In proportion to their Poles
t& Estates Notwithstanding their Being Divided into Distinct & Sep-
arate Parishes as Above Said.' [Passed June 8.

CHAPTER 9.

Legislative
Records of the
Council, xix.,
189.

House Jour-
nal, pp. 10, 18.

ORDER ALLOWING THE ACC^ OF THE TREAS^ OF WORCESTER CO.

An Accompt presented by Daniel Hay ward Esq'' Treasurer of the
County of AVorcester for the Year 1749 ; Having been laid before
the Court of General Sessions of the Peace for the said County & by
them Allowed;

Read &

Ordered that the within Accompt be allowed & that the Ballance
thereof, being Six Pounds five shillings & eight pence farthing the
said Treasurer be accountable to said County for. [Passed June 8.

CHAPTER 10.

Legislative
Records of the
Council, xix.,
189. Mass.
Archives,
xxxii., 5.

Mass.
Arcliives,
xxxii., 4.
House Jour-
nal, pp. 10, 18.
Province
Laws, xiii., 326,
chap. 227.

ORDER ALLOWING THE ACC^ OF THE TRUSTEES OF HASINAMISCO

INDIANS.

An Accompt presented by John Chandler, John Jones & John
Baker Esq" Trustees for the Hassanimisco Indians of Receits &
Disbursements of the Money of the said Indians for the present
Year.

Read and

Ordered that the within Account be allowed and that the Ball*
thereof being two pounds Seventeen Shillings and four pence three
farthings, the said Trustees be accountable for. [Passed June 8.

Legislative
Records of the
Council, xix.,
191. Mass.
Archives,
xliii., 185.

Mass.
Archives,
xliii., 182-184.
Ante, p. 304,
chap. 108.

CHAPTER 11.

ORDER IMPOWERING MARY WOLCOT & JOHN DODGE TO BRING FOR-
WARD WRITS OF REVIEW.

A Petition of Mary Wolcot & John Dodge, shewing that by
reason of their Mistake in not Notifying Nathan Bowen seasonably
of the Order pass'd on their Petition in Novem"" last, they lost the
Benefit of the said Order, Praying that it may be revived, & that
the Superior Court may now be enabled to proceed on their Affairs
according to the said Orders.

Read &

Ordered that the Prayer of the Petition be granted, & that the
Pef Mary be impowered to bring forward her Writt of Review at
the Superiour Court of Judicature to be held in the County of
Essex in June next, on the Judgment obtained by Nathan Bowen,
upon the Note mentioned in the Petition, in the same Manner as
she was enabled to do by an Order of this Court in April 1749. &
that the Petitioner John Dodge be likewise enabled at the same

' Not found in the House Journal.

[1st Sess.] Province Laws {Resolves, etc.). — 1750-51. 413

time to bring a Writt of Eeview on the Judgment obtained upon
the Keview Bond mentioned in said Petition, »& that said Bond
shall be of no other Force or Effect than if it had been given to
review the Judgment upon s'^ Note at the said Superiour Court for
the County of Essex; And all Proceedings upon both said Judg-
ments mentioned in the Petition, are hereby stayed in the mean
time.' [Passed June 8.''

CHAPTER 12. , attthe

Council, xix.,
190 Mass
ORDER REMITTING TO THE TOWN OF METHUEN THE FINE FOR NOT Archives, '
SENDING A REPRESENTATIVE. xlix., 285.

House Jour-

Ordered that the Fine impos'd upon the Town of Methuen the xoibiH^' "'
last Year for not Sending a Rep"®^ be remitted. [Passed June 9.

CHAPTER 13. ^rX^the

Council, xix.,
190 JVlasfi
ORDER REFERRING THE PETITION OF JEREM^ EATON ABOUT A PRI- Archives, '

VATE WAY. xliii., 452.

Mass.

On the Petition of Jeremiah Eaton, [ante, p. 387, chap. 317] xi^[u)m:452.
Ordered that the Consideration of this Petition be refer'd to -4n<e, p.ss;,
Fryday the twenty second Instant.' [Passed J^me 9.^

CHAPTER 14.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE NEED-
HAM AFFAIR AND CONFIRMING THE PROCEEDINGS OF THE TOWN
MEETING.

A Petition of sundry Inhabitants of the Town of Needham, Legislative
Complaining of the illegal Proceedings of the Selectmen & Mod- courfcn^ xix*^^
erator in a Town Meeting, held there in March last, & Praying i53. Mass. '
that their Proceedings may be set aside and declared null & void, voe? ^^^' *^^''

The Comittee Appointed to Consider the Petition of Robert Fuller Legislative
and others of the Town of Needham hear the Parties &c haveing Records of the

, _ . _ o Council, XIX.,

Attended that Service Report. i9i. House

That it appears to the Comtee That the Said Town at their Meeting pp"2if,^232
referr'd to In the Petition Mistook the Sence of y*^ Law As to Qual- ^^^l^'^^^^^'
ification of Voters in Town Affairs That had the Directions of Law
for takeing y® Valuation of Real Estates been duely Observd the
Persons Objected to At The S*^ Meeting as Unqualifyed; Ought to
have been Admitted to Vote, They are therefore of Opinion that
the Petition be Dismissed; And the Proceedings of the Said Meet-
ing be Confirmed.

Which is Submitted. ^' Order John Hill

' Not found in the House Journal.

- This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is June 12.

" This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is June 11.

414

Province Laws (Hesolves, etc.). — 1750-51. [Chaps. 15, 1(5.]

Read & Accepted, And altho' the said Town at their Meeting
referr'd to, mistook the Sense of the Law as to Qualification of
Voters in Town Affairs, yet in as much as it appears that the Per-
sons objected to were legally qualified & ought to have been ad-
mitted to vote. Therefore

Ordered that the Petition be dismiss'd, and the Proceedings of
said Meeting are hereby confirmed. [Passed June 12.

CHAPTEK 15.

ORDER IMPOWERING THOMAS PRENTICE ESQ", GUARDIAN, TO SELL

LAND.

Legislative
Records of the
Council, xix.,
19-2. Mass.
Archives,
xviii., 634.

Mass.
Archives,
xviii., 633.
House Jour-
nal, i)p. 14, 16.
Province
Laws, ii., 151,
chap. 10.

A Petition of Thomas Prentice Esq'' Guardian of Prudence Gil-
son of Lunenburgh a Minor; shewing that she has eleven Acres of
Land in said Town, being her Part of her late Fathers Real Estate,
which is so situated as to be of little Profit to her & lies commo-
diously for her Brother, who is desirous of purchasing it. Praying
that the Petitioner may be impowered to make Sale of the said Land
for the best Advantage of said Minor.

Read and

Ordered that the Pet^ be allowed and impowered in his Capacity
as Guardian to Sell the Land herein mentioned for the most it will
fetch.

He Observing the Directions of the Law with respect to the sale
of Intestate Estates, and giving Caution to the Judge of Probate for
the County of Worcester that the produce of said Sale, be secured
for the Use of the said Minor pursuant to Law. [Passed June 12.

CHAPTEK 16

ORDER IMPOWERING ISAAC LITTLE, ESQ«, TO BRING FORWARD WRITS

OF REVIEW.

Legislative
Records of the
Council, xix.,
193. Mass.
Archives,
xliii., 1,50.

Mass.
Archives,
xliii., 148-150.
House Jour-
nal, pp. 22, 23.
Ante, p. 399,
chap. 346.

On the Petition of Isaac Little Esq'' [ante, p. 399, chap. 346]
Ordered that this Petition be revived. And that the Pef be &
hereby is allow'd to bring forward his Writts of Review of the
Causes within mentioned in the Name of the said Ward at the
Sup'' Court of Judicature &[c,]' to be holden at Plimouth within «&
for the County of Plimouth [on the] ' %^ Tuesday of July next. And
the Justices of the said Court are her[eby] ' impowered & directed
to hear & try the said Causes, & award Executions thereon, pur-
suant to Law; and that the Pef notify the adverse Parties James,
Joseph & Silas Cooke or their Attorney or Attorneys with a Copy
of this Order 14 days at least before the Sitting of the s'' Court.
[Passed June 12."^

' MS. mutilated. Inserted from Secretary's copy. Legislative Records of the Council,
xix., 20;-).

2 This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 13.

[1st Sess.] Province Laws {Resolves, etc.). — 1750-51. 415

CHAPTER 17.

ORDER DEFINING THE BOUNDS OF STURBRIDGE AND ANNEXING DIVERS
PERSONS THERETO.

A Petition of Nathaniel Walker, George AVatkins & Joseph Rgfords'of the
Pierce shewing that they are situated upon a Gore of Land con- council, xix.,
tiguous to the Town of Sturbridge & not at present included in Archives^.^cxv.,

any Town whatsoever, Praying that they may be annexed to Stur- ^^

bridge with their Families & Estates ; For which they have obtained Mass.

, 'P^ , p , , . 1 rn Archives, cxv.,

the Consent oi the said iown; 686. House

Eeadand Journal, p. 26.

Ordered that the prayer of this Pet" be granted. And that the
continuation of the West Bounds of Oxford Township Northward
to Brookfield Township be the East Bounds of Sturbridge And that
all the Lands included between said Line and the present Line of
the said Town of Sturbridge with the Inhabitants dwelling thereon
be annexed to the Town of Sturbridge there to do Duty and Recieve
Priviledge with the other Inhabitants of said Town. \^Passed June 13.

CHAPTEE 18.

ORDER ALLOWING £11. 3. 4 AND A GUN AND PISTOL OR TWO GUNS TO

TIM" BROWN.

A Petition of Timothy Brown of Ware River, shewing that ^If^^lfg^J/the
while he was in the Service of this Province, he was taken Pris- council, xix.,
oner by the Indians Enemy & carried to Canada & kept in Cap- Archfves?"
tivity above fifteen Months; & Praying that his Wages may be ixxiii., es'e.
allowed him for that time, & that he may be paid the Value of ^iJ^^t^^g
his Arms of his Arms ' & Cloathing which he lost at the same ixxiii., esV.

.• House Jour-

time nai, pp. 22, 25.

Read and

Ordered that the Pet' be allowed out of the publick Treasury for
his time and Loss mentioned the Sum of Eleven pounds three shil-
lings and four pence And that the Commissary Gen^ be directed to
deliver him either a Gun and Pistol or two Guns out of the Prov-
ince Store. l^Passed June 13.

CHAPTER 19.

ORDER ALLOWING £10. 8 TO OPT. PHIN. STEVENS.

A Memorial of Cpt Phineas Stevens, setting forth his Service Legislative
in the Defence of the Fort at Number Four against the French & ^^''^^H ""A^^
Indian Enemy with his Expences in the War, Praying that this ^*;,jjf^^|_®-

Court would make up to him the Scantiness of his Wages & Sub- ixxiu., 690.

sistence already received: House Jour-

Read and nai, pp. 24, 27.

Ordered that the Memorialist be allowed out of the publick Treas-
ury the Sum of ten pounds eight Shillings in full consideration for
his Expences abovementioned. \^Passed June 13.

Sic.

416

Province Laws (^Resolves, etc.). — 1750-51. [Chaps. 20-22.]

CHAPTER 20.

Legislative
Records of the
Council, xix.,
194. Mass.
Archives,
xliii., 156.

Mass.
Archives,
xliii., 151-156.
House Jour-
nal, pp. 22, 23.
Ante, p. 414,
chap. 16.

ORDER ALLOWING ISAAC LITTLE, ESQ^, TO BRING FORWARD ACTIONS.

A Memorial of Isaac Little Esq'' shewing that the Time ap-
pointed (in the Order of this Court on his Petition, enter'd yester-
day) for the Trials of his Actions between him & James Cook, &
others is too short by reason of the Distance they live at from the
Place for holding this Court; And therefore Praying that the said
Trials may be defer'd to any other time of the Superior Court,

Eead and

Ordered that the Prayer of this Mem° be granted and the Memo-
rialist is hereby allowed to bring forward the Suits refer'd to on the
Second tuesday of July 1751. accordingly. \Pa88ed June 14.

Legislative
Records of the
Council, xix.,
195.

Mass.
Archives,
Ixiv., 367-369.
House Jour-
nal, pp. 13, 26.

CHAPTER 21.

ORDER ALLOWING £18. 8, A GUN AND A CASE OF PISTOLS TO CHARLES

REDDIAN.

A Petition of Charles Eeddian of Marblehead shewing that he
was in y^ Year 1746, by an Express put on board the Sloop Diamond
as a Pilot to carry Intelligence to an English Fleet then thought to
be on the Coast, & that he was taken by the French & detained as
a Prisoner for the Space of twenty three Months, Praying that he
may be allowed his Wages & for the Loss of a Gun & Pistol :

Eead &

Ordered that the Petitioner be allowed & paid by the Committee
of War the sum of Eighteen Pounds eight shillings in Considera-
tion of his great Sufferings in his Captivity, & that [he] ' be allowed
out of the Commissary Generals Stores a Gun & Case of Pistols.
\^Passed June 14.

CHAPTER 22.

ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO DANIEL

SIMPSON.

Legislative
Records of the
Council, xix.,
195. Mass.
Archives,
xlvi., 233.

Mass.
Archives,
xlvi., 232.
House Jour-
nal, p. 28.
Province
Laws, xiii., 437,
chap. 196.

A Plat of Two hundred Acres of Land laid out by Joseph Chad-
bourn Survey'' & Chainmen on Oath, to fulfill a Grant made by the
General Court in the Year 1744, to Daniel Simpson of York, Begin-
ning at a Beach Tree marked on four sides & Letters thereon, run-
ning North east by East, One hundred & six Poles & two thirds of a
Pole to a Pine Tree marked on four sides, then North west by North,
Three hundred Polls to a Beach Tree marked on four sides; then
South west by West, One hundred & six Poles & two thirds of a Pole
to Land which was laid out to Christian Baker, which joins to the
new Township above Berwick ; & by said Bakers Land & Land belong-
ing to the Heirs of Cpt. John Wainwright South east by South, Three
hundred Poles to the Station first mentioned.

Ordered that the within plat be accepted and the land herein

• Inserted from State Library copy, Legislative Records of the Council, xix., 207.

[1st Sess.J Province Laws {Resolves, etc.). — 1750-51. 417

delineated and described be and hereby is confirmd to Daniel Simp-
son 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 June 14.

CHAPTER 23.

ORDER CONFIRMING A PLAT OF 100 ACRES OF LAND TO MOSES BANKS.

A Plat of One Hundred Acres of Land laid out by Joseph Chad- Legislative
bourn Survey"' & Chain men on Oath to fulfill a Grant made by the Councif.xix.,^
General Court in the Year 1743, to Moses Banks of York, Begin- Archives?'
ning at the Easterly Corner of the Land w'^'' was laid out to Daniel xivi., 23i.'
Simpson at a Pine Tree marked on four sides ; Thence running North Mass.
by East, Fifty three Poles; then North west by West, three hundred xivi^m
Poles to a Beach Tree marked; then South west by West, fifty three ^aT^f s"'^'
Poles & one third of a Pole to Daniel Simpsons Land ; then South Province'
east by South three hundred Poles to the first Station: cifapf'ui"''^'*^'

Ordered that the within Plat be accepted and the land herein
delineated provided it exceeds not the quantity of the Grant and
does not interfere with any former Grant be and hereby is con-
firmed to the within named Moses Bauks His Heirs and Assigns
forever. \^Passed June 14.

CHAPTER 24.

ORDER ERECTING THE INHAB^s OF KENNEBUNK INTO A SEPARATE

PRECINCT.

A Petition of John Mitchell & others Inhabitants of that Part Legislative
of the Town of Wells called Kennebunk,' setting forth the Disad- councif.xix.?
vantages they are under for their Families Attendance on the Pub- 'Archiv'es''^xiii
lick Worship by reason of their Distance from the Meeting House i73.
& the Difficulties in the Way, & praying that that * they may be made Mass.
a Seperate Parish, by the Bounds allowed by said Town. \i^il?^uouse

Read and Journal, p. 12.

Ordered that the Pef' with their Families and Estates together
with all the Lands lying between Kenebunk and Mousom Elvers in
Wells to the Head of the Township of Wells as described in the
Vote of the Inhabitants of the Town of Wells be and hereby are
Sett off a Distinct and Seperate Precinct. And that the Inhabitants
of said Precinct be invested with the same Powers and Priviledges
that Parishes are by Law invested with, or ought to Enjoy. \^Passed
June 14.^

^ The House Journal, p. 12, reads, " Ketiebeck."
I Sic.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is June 19.

418

Province Laws (Hesolves, etc.). — 1750-51. [Chaps. 25-27.]

CHAPTER 25

ORDER IN REGARD TO ASSESSMENTS IN SHEFFIELD UPPER PARISH.

Legislative
Records of the
Council, xix.,
196. Mass.
Archives, cv.,
301.

Mass.

Archives, cv.,
360. House
Journal, pp. 28,
31. Province
Laws, iii., 389,
chap. 1.

A Petition of John Williams, in behalf of the upper Parish in
Sheffield, shewing that for want of a due understanding of the
Order of this Court, respecting the raising their Taxes, they have
been put to great Difficulties, Therefore praying that the rates made
by the Assessors the last Year & committed to Moses Ingersoll may
be taken out of his hands, & another Eate made, agreable to such
Rule as Shall be prescribed by this Court

Whereas David Ingersole John Williams and Hendrick Bourghote
Assessors in the within mentioned Parish in their Assessment made
in December last past Assessed the whole Sum rais'd by said Parish
on the Polls. It is hereby

Ordered that the said Assessment be and it hereby is Declared
Null and Void. And the said Assessors are hereby directed and
impowered to make a new Assessment instead thereof for the Sum
or Sums therein contain'd and Committ the same into the Hands
of Moses Ingersole (Who is hereby directed to return the other to
the said Assessors) Who is impowered to Collect the same. The
said Assessment to be made according to the following Rule Viz
One half to be Levied on the Polls, and the, remainder on the Real
and Personal Estates in said Parish.

Ordered also that the future Taxes be made by the said Rule till
the further Order of this Court. \^Passed June 15.

CHAPTER 26.

ORDER ALLOWING £4. 10. 3 TO W^' KENT.

Legislative
Records of the
Council, xix.,
197. Mass.
Archives,
Ixxiii., 675.

Mass.
Archives,
Ixxiii., 675.
House Jour-
nal, pp. 30, 31.

A Petition of William Kent, shewing that while he belonged
to the Garrison at Fort Frederick, he was captivated by the Indian
Enemy & carried to Cannada, praying that his Wages may be allowed
during his Captivity

Read and

Ordered that the Pef be allowed out of the publick Treasury four
pounds ten Shillings and three pence in consideration of his Service
and Sufferings within mentioned. \^Passed June 15.

Legislative
Records of the
Council, xix.,
197. Mass.
Archives,
xviii., 638.

Mass.
Archives,
xviii., 637-639.

CHAPTER 27.

ORDER IMPOWERING JOHN JACOB AND JEZANIAH NICHOLS, GUAR-
DIANS, TO SELL LAND.

A Petition of John Jacob & Jezaniah Nicholls Guardians to
the Children & Heirs of the Rev"^ M' Nehemiah Hobart dec^ (being
Minors) setting forth the disadvantage his real Estate is under for
any Improvem' that may be beneficial to the s,^ Heirs, Therefore
Praying for Liberty to sell the Estate that the Produce may be im-
proved to their greater Advantage.

[1st Sess.] Province Laws {Resolves, etc.). — 1750-51. 419

Read and House Jour-

Ordered that the Guardians within named together with Sarah Proviniie '
Hobart be and hereby are Impowered to make sale of the Estate ch^a^!'io.'' ^^^'
within mentioned and to Execute in due form of Law a Deed of
Conveyance thereof to such Person as shall give most for the same
Provided the said Guardians give Bond to the Judge of Probate
for the County of Suffolk that the produce thereof be applyed for
the benefit of the Heirs according to Law. And observe the direc-
tions of the Law respecting the sale of Intestate Estates &c Pro-
vided also the said Guardians give Security to Jonathan Merrit and
Elizabeth His Wife that She shall annually during Life recieve the
Lawful Interest of the third part of the Sum said Estate shall be
Sold for. \^Passed June 15.

CHAPTER 28.

ORDER IMPOWERING HANNAH KENDALL, ADMINISTRATRIX, TO SELL

LAND.

A Petition of Hannah Kendall Administ^ Cum Testamento Legislative
Annexo of the Estate of Sam' Kendall late of Lancaster in the coSncn^ x*if ^
County of Worcester Dec'' & Administ"" on the Estate of her late 2i'^- Mass.
Husband Ebenezer Kendall of Lancaster aforesaid dec'' Son of the xvm.7^6.
said Sam' shewing that the Debts on the said Samuels Estate do m^s.
much exceed the value of the Personal Estate, & that the real xTii'^^sn
Estate will make but one Competent living, & will be much Dam- Province'
aged by being divided, Therefore praying tliat she may be impow- ^hapfioV' ^^^'
ered to sell the whole of the real Estates, to pay Debts & Legacies,
& the overplus to be for the support of the said Samuel's Widow
& to be disposed of according to Law,

Read and

Ordered That the Prayer of the Petition be granted and the Peti-
tioner is hereby impowered, in the Capacity of i\.dministratrix to
her Said late husband Ebenezer's Estate, to make Sale of the Land
and Buildings within mention'd and to execute, in due form of Law,
a Deed or Deeds for the conveyance thereof to Such Person or Per-
sons as shall give most for the Same ; and dispose of the Produce
of the Premises for discharging the Debts and Funerals ' of the
Said Testator Samuel and the Legacies given by his Will and for
the comfort and Support of Mary his widow agreable to his Said
Will and the Overplus (if any there be) after the Said Will is per-
form'd and the Said Ebenezer's Debts are paid to be distributed to
and among the widow and Children of the Said Ebenezer pursuant
to Law : Provided that before any Such Sale be made, the Pef ob-
serves the direction of the Law made in the Sixth of King George
relating to Exors and Admors Sale of Real Estates and give Suffi-
cient Security to the Judge for Probate of Wills &a for the County
of Worcester for the faithful performance of this Order.* [Passed
June 15.^

» Sic, for "Funeral," in Secretary's copy, Legislative Records of the Council, xix., 223.
^ Not found in the House Journal.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is June 27.

420

Province Laws (i?eso?ves, etc.). — 1750-51. [Chaps. 29-31.]

CHAPTER 29.

ORDER ALLOWING £8 TO JOSEPH BANE.

Legislative
Records of the
Council, xix.,
197. Mass.
Archives,
Ixxiii., 6S4.

Mass.
Archives,
Ixxiii., 684.
House Jour-
nal, p. 32.
Ante, p. 354,
chap. 227.

A Petition of Joseph Bane Interpreter of the Indian Language
at the Fort at S' Georges River, setting forth the Insufficiency of his
Wages, for the Support of himself & Family, praying for a further
Allowance,

Read and

Ordered that the Pef be allowed out of the publick Treasury the
Sum of Eight pounds in addition to his former allowance to Sup-
port him the present Year. \^Passed June 16.

CHAPTER 30.

ORDER ALLOWING £3 TO ALEX^ TARRANT.

Legislative
Records of the
Council,. xix.,
198. Mass.
Archives,
Ixxiii., 68.5.

Mass.
Archives,
Ixxiii., 685.
House Jour-
nal, pp. 19, 32.
Ante, p. 275,
chap. 34.

A Petition of Alexander Tarrant of Salem praying for some
further allowance from this Court in Consideration of the Wounds
he received in the Expedition against Cape Breton, by which he is
disabled from labouring for his Support.

Read and

Ordered that the Pef be allowed the Sum of three pounds out
of the publick Treasury in consideration of his Sufferings within
mentioned. \_Passed Ju7ie 16.

CHAPTER 31.

ORDER ON THE PETITION OF THOMAS AND OLIVER DUNSMORE AND
THOMAS SWEETMAN REQUESTING A CONFIRMATION OF THEIR ORIG-
INAL GRANTS.

Legislative
Records of the
Council, xix.,
198. Mass.
Archives,
xlvi., 229.

Mass.
Archives,
xlvi., 228.
Maps and
Plans, Mis.,
XXXV., 3.
House Jour-
nal, pp. 15, 28.

A Petition of Thomas Dunsmore, Oliver Dunsmore & Thomas
Sweetman, shewing that they are settled upon Three Hundred Acres
of Land Granted ' to them by the General Court, bounded Southerly
upon Brookfield North Li-ne, Easterly upon Hatch's Farm, Westerly
and ISTortherly upon Ware River, that they neglected to take Copies
of the said Grant, before the burning of the Court house, when the
originals were Consumed, Therefore praying that this Court would
confirm said Grant to the Petitioners.

Read and

Ordered that each one of the Petitioners Shall have and Enjoy
an equal Share of the Land herein mentioned, and have the benefit
of their own Labours and Improvements on said Land. \^Passed
June 16.

^ The record of this grant has not been found.

[1st Sess.] Province Laws {Resolves, etc.). — 1750-51. 421

CHAPTER 32.

ORDER ESTABLISHING THE BOUNDS OF THE WARE RIVER PARISH AND
CALLING A TOWN MEETING.

A Petition of Timothy Browu for himself & divers others In- Legislative
habitants of the Settlement upon Ware Kiver. shewing that in the councu^ xix**^
Year 1742, the said Lands there, including the Equivalent Lands, i98. Mass.
belonging to Jn° Read Esq"" now dec*^ were erected into a Precinct, ^^^^^"'^^'^'^'' ■■>
that divers Persons inhabiting within the Limits of y*^ said Precinct, Mass.
take advantage from some ambiguous Expressions in the Vote for Arciii^es, cxv.,
constituting the Same, to refuse a compliance with their Duty as Journal, pp. 22,
Members thereof, therefore praying for an Explanation of said Vote. fnce^Law™^

Read and j^^»-. i^t, ciiap.

Ordered that the Bounds of the within mentioned Parish be Estab-
lished as follows Viz. Beginning at the South East Corner of M' Read's
ten thousand Acres of equivalent land so called from thence to run
due East to Western Line.

then Easterly to Brookfield line, thence on Brookfield line to Ware
river, from thence on Ware river to Hardwick line, from thence on
Hardwick line to the said equivalent Land, froui thence running
round on the bounds of the said equivalent Land to the first Men-
tioned Boundary including the whole of the said ten thousand Acres.

And Whereas the said Parish have failed of Chusing their Officers
for the present Year

Ordered that the Comm*^^ for the last Year be and they hereby are
Impowered to Issue their Warrant to Convene the Inhabitants of said
Parish qualifyed by Law to Vote &c to Chuse Officers for the present
Year, and to raise such Sum or Sums of Money as shall be thought
necessary to defrey the Charges of said Parish. \_Passed June 19.

CHAPTER 3 3. K»..e

Council, xix.,
ORDER REFERRING THE PETITION OF JOSEPH MOFFAT. Archives?'

xliii., 99. '

On THE Petition of Joseph Moffat, [^ante, p. 375, chap. 281] ^^i^_
Read, together with the Answer of Aaron Nelson, Attorney of ^i;?.^*^^^'

the withinnamed James Mackmasters, and House Jo'ur-

Ordered that the Consideration of this Affair be referr'd to the ^nte,'^hib.

Second Wednesday of the next Sitting of the Court. [Passe<^ o*iap-28i.

June 19.

CHAPTER 34.

ORDER DECLARING AN ASSESSMENT ON THE TOWN OF WAREHAM
NULL AND VOID, AND DIRECTING A NEW ASSESSMENT.

A Petition of Arthur Hatheway & twelve others Inhabitants Legislative
of the Town of Wareham, Complaining of the Proceedings of the councif xix''^
Assessors of the said Town in laying the whole Province Tax upon i99. Mass.
Polls & none upon Estates which is a Great Oppression upon the 696^ ^^^^' '^^^''
poorer Sort, who have applied to the said Assessors for releif, but Mass.
are denied, therefore praying that this Court would give Order for ^^J^^^^^^' ^^^■'

• 1 X- • £ i-u • 1 m ^95- House

a more just apportioning 01 the said iax Journal, p. 32.

422

Province Laws (Jiesolves, etc.). — 1750-51. [Chaps. 35, 3G.]

Read and the following Vote pass'd. Viz* Whereas the Assessors
of the Town of Wareliam in their last Assessment raisd their Tax
wholly upon the Polls It is hereby

Ordered that said Assessment be null and void (and the Collectors
are directed to return them to the said Assessors) And the said As-
sessors are hereby directed and impowered to make a new Assessment
according to the following Rule Viz. One third part thereof to be
Levied on Polls, the remainder on the real and personal Estates in
proportion. And that the future Taxes be made agreable to this
Rule till the further Order of this Court. [Passed June 19.

CHAPTEK 35.

VOTE IN REGARD TO NEW TOWNS NOT FULLFILL« THE CONDITIONS

OF THEIR GRANTS.

Legislative
Records of the
Council, xix.,

204.

House Jour-
nal, p. 36.

In the House of Represent^'^*

Whereas this House is informed that of the many Townships
granted by the General Court for a considerable Number of Years
last past, but very few, if any, have fullfilled the Conditions of
their Grants & thereby the good designs in making them, have
been in a great Measure eluded Therefore

Voted that the Clerks of the several Towns granted by the Gen-
eral Court for thirty Years last past, be and hereby are Ordered to
lodge in the Secretarys Office on or before the twentieth of Decem-
ber next, attested Copies of such Grants with an Accompt of the
names of the Persons, who have & who have not fullfilled the Con-
ditions of the same also

Voted that this Order of Court be inserted in all the publick Prints
for three Weeks successively, That no Town Clerk may plead Igno-
rance by ' conform himself accordingly.

In Council Read & Concur'd. [Passed June 21.

CHAPTER 36

ORDER OF NOTICE ON THE PET^ OF DIVERS INHABTs OF SALEM IN
REGARD TO TAXATION.

Legislative
Records of the
Council, xix.,
205. Mass.
Archives, cxv.,
592.

House Jour-
nal, p. 37.
Ante, p. 394,
chap. 333.

A Petition of a considerable Number of Inhabitants of the Town
of Salem, setting forth the particular Circumstances of said Town,
with respect to the raising their Taxes, & praying that the Assess-
ments by their Assessors made in the Year 1749, may be confirmed
by this Court, notwithstanding the Resolve pass'd by the General
Court thereon in April last

Read and

Ordered that the Pet" serve the Clerk of the Town of Salem with
a copy of this Pet" that they shew cause if any they have on fryday
the 29'*" Curr* if the Court be then sitting if not on the first thirs-
day of the next sitting of this Court why the Prayer thereof should
not be granted. [Passed June 21.

' Stc, for " but." See State Library copy. Legislative Records of the Council, xix., 215.

[1st Sess.] Province Laws {Resolves, etc.). — 1750-51. 423

CHAPTER 37.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION
OF CAPT JN'' WENDELL IN REGARD TO BOUNDARY LINES.

A Petition of John Wendell of Boston Merchant, setting forth R|ford"of the
the Difficulties he is under in relation to Lands which he holds council, xix.,
Avithin the County of Suffolk, for want of a full Settlement of the ArcUvesfcxv.

Boundary Line between the late Colonies of the Massachusetts Bay *^^

& new Plimouth, & between the Counties of Suffolk & Plimouth, ^jl'^^j^gg ^^^
praying that this Court would take such Orders in this Matter as 664-667. House
to adjust all Disputes about said Line, & more especially a Contro- "auu^^'u^^'
versy between the Petitioner & Robert Howard chap' 33''^"^^^*

Read and

Ordered that the Pef serve Robert Howard within named with
a copy of this Pet° that He may shew cause if any He hath on the
second fryday of the next Sitting of this Court why the Prayer
thereof should not be granted And all Processes in the Law are
Stayed in the mean time. [^Passed June 21.^

CHAPTER 38.

ORDER ALLOWING £2. 13. 4 TO WILLIAM THORN.

A Petition of William Thorn, setting forth his Sufferings from Legislative
the Enemy whilst he was a Soldier in the Service of the Province councff, xL*!)®
& praying for an Allowance out of the publick Treasury for his '^ll'^^f^ll^-
releif ixxiu., 69i.

Read and Mass.

Ordered that the Pef be allowed the Sum of two pounds thirteen 4xUi.769i.
Shillings and four pence in consideration of his Sufferings within ^^^j^^^'^^.^g^
mentioned. \^Passed June 21."^

CHAPTER 39.

VOTE FOR THE ESTABLISHMT qf THE FORCES & GARISONS ON THE
EASTERN AND WESTERN FRONTIERS.

Voted that the Establishment of the Several officers & Soldiers Legislative
at y« Several forts and 'Garrisons, on the Eastern and Western Fron- counc'if, xix!",®

tiers be as follows: (Vizt Archives?'

Ixxiil., 693.

At the Truckhouse on S' Georges River Includeing one Captain, one Ser- Mass.

jeant, and an Armourer Sixteen men Archives,

At Pemuquid Fort Includeing one Serjeant Six men Ixxiii., 692.

At Fort George, Includeing one Serjeant four men House Jour-

At Richmond Fort Includeing one Lievtenant one Corporal and an Armourer fourteen men nal, pp. 37, 38.

At Saco Blockhouse, Includeing one Lievtenant & one Corporal . . Eight men

At Fort massachusetts, Inchulemg one Captain and one Serjeant . . fifteen men

At Fort Dummer. Includeing, on Lievtenant and one Corporal . . . Ten men

At Fort N" 4 Includeing, one Captain & one Serjeant. .... fifteen men

1 This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 23.

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

424 Province Laws {HesoJves, etc.). — 1750-51. [Chaps. 40, 41. j

And that the afforesaid officers, and Soldiers be allowed and paid
out of the Publik Treasury, ^ month.

To Each Captain, the Sum of, Two pound. Two Shillings & Eight Pence

To Each Lievtenant, y" Sum of, one pound Twelue Shillings & four pence halfpenny

To Each Serjeant, y" Sum of, one pound Eight SluUings and a penny

To Each Corporal, the Sum of, one pound Eight Shillings

To Each Private Centinel, the Sum of one pound, one Shilling, & four pence

And that the muster Rolls for the future be made up agreeable
To this Establishment accordingly. [Passed June 22.

CHAPTER 40.

ORDER CONFIRMING THE PROCEEDINGS AT MEETINGS OF NEWBERRY
THIRD PARISH AND CALLING ANOTHER MEETING.

Legislative ^ MEMORIAL of John Greenleaf Esq' & others, of the third Parish

Records ot the . -.-r , . • t i-> • i i i • i

Council, xix., m JNewbury, shewing that the said Parish have been in the practice
Archives, cxv., of having their Parish Meeting called by their Assessors, which ought
^j^ to be done by the Parish Committee; And forasmuch as the Memo-
Mass, rialists apprehend that there is some Danger of the Proceedings of
675-678. Levis' the Said Meetings being contested in the Law, to the great Disquiet-
o?theCoum;ii, Hient of the said Parish, Therefore Praying that this Court would
xix., 207. ratify the said Proceedings, notwithstanding the said Defect :

JioiiSG Jour- "^ o ? o

nai, pp. 10, 11, Read, together with the Vote of the third Parish of Newbury,
and the petition of Timothy Toppan k^ of the said Parish, and
the matter being duly considered,

Ordered that the Prayer of the Petition be So far granted as that
all the Proceedings of the Said Parish at the meetings within men-
tioned be and hereby are confirmed ; are deemed as good and valid
as if the meetings had been called by a Committee; and John Green-
leafe Esq" one of the principal InhalDitants of the Said Parish, is im-
power'd and directed to issue his Warrant for the assembling of the
Said Precinct to choose Such Officers, and to transact Such Matters
and Things as are necessary for the ordering of the Parish. [Passed
June 22. '

CHAPTER 41.

ORDER PROHIBITING STRIP OR WASTE ON LAND OF CPT WENDELL.
Legislative "Whereas an order on the Petition of Capt" John Wendell passed

Records of the ,.1-, n- i>i/-i ^ r-t n -r->i TT 1

Council, xix., this Present Session ot the (jeneral Court to Serve Robert Howard
Archive8,^cxv., with a Copy of Said petition that he should Shew Cause if any he

^ had on the Second Fryday of the next Sitting of this Court why

Mass. the prayer thereof Should not be granted and that all Process

Archives cxv x »/ c ^ ^

664. Ante,' '' in the Law Should be Stay'd in the mean Time, which order has

p. 423, chap. 37. passed the whole Legislature, and there being no provision made

in Said order that the Partys Should be prohibited making any

Strip or Waste on the Lands in Controversy in the mean Time:

Wherefore

* This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is June 23-

[1st Sess.] Province Laws (Besolves, etc.). — 1750-51. 425

Resolved and it is hereby ordered that the partys are prohibited
making any Strip or Waste on the Lands in Controversy in the
mean Time.' [Passed June 33.^

CHAPTER 42.

ORDER ON THE PETITION OF REV" M" JN" ROGERS FOR PAYMENT OF

HIS SALARY.

A Petition of M' John Eogers pastor of the first Church in Box- Legislative
ford, shewing that his People having for a long Time withheld his counclf x*ix^^
Support, he applied to the Court of General Sessions of the Peace 208. Mass." '
for the County of Essex, who pass'd an Order for the payment of 157? ^^^^' ^'"''
his Salary, but the Warrant for levying the same has been neglected m^^ss^
& eluded by the Constables to whom it was committed, Therefore ^^i^^^hous"
praying for releif from this Court Journal, pp. 42,

Read & In Answer to this Petition *^"

Ordered that M"' Benjamin Porter of Boxford be & hereby is im-
powered & directed, as soon as may be, to collect the Sum Total
of the Assessm'^ within refer'd to, & pay the Same to the Peti-
tioner or such Person as he Shall appoint to receive the same, for
his Use. And the Justices of the Court of General Sessions

of the Peace within & for the County of Essex are also impowered
& directed to allow the said Porter Such Sum, as they shall Judge
reasonable for his Trouble ; And in Case the first Precinct in Box-
ford do refuse or Neglect by the Space of four Months to cause the
Same to be Assess'd & pay'd, that then the said Justices order such
Sum to be raised & collected, pursuant to the Directions of the Law.
[Passed June 33.'

CHAPTEE 43.

ORDER OF NOTICE WITH PROHIBITION OF STRIP OR WASTE ON THE
PET'* OF JN" THAYER & OTHERS IN REGARD TO LANDS.

A Petition of John Thayer & others Proprietors of Land lying Legislative
on or near the Patent Line, between the Massachusetts Bay & New councif xlx!^^
Plimouth, shewing that many Disputes have arisen in the Law between '^lO-
the Petitioners and others for want of a Settlement of the said Line Mass.
& thereby of the Line between the Counties of Suffolk & Plimouth. xivi./32i-2-24;
And therefore praying that this Court would determine on which side '^^^■^ ^-^^f'
of the said Line, the Lands in dispute do ly chap! 322.

Read &

Ordered that the Petitioners serve Robert Howard of Bridgwater
with a Copy of this Petition, tliat he shew cause if any he hath, on
the second Friday of the next sitting of this Court, why the Prayer
thereof should not be granted, and the Parties are prohibited mak-
ing any stray * or waste on the Lands in Controversy in the mean time. '
[Passed June 23."

> Not found in the House Journal.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is June 25.

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

* Sic, for " stroy." See Mass. Archives, xlvi., 224.

^ There seems to be some discrepancy in regard to the date of this chapter ; the date
taken is from Mass. Archives, xlvi., 224.

426

Province Laws (^Resolves, etc.) . — 1750-51. [Chaps. 44-46.]

CHAPTEE 44.

Legislative
Becords of the
Council, xix.,
212. Mass.
Archives,
xxxii., 37.

Mass.
Archives,
xxxii., 34-36.
Legislative
Records of the
Council, xix.,
169,207. House
Journ.'il, pp. 46,
47. Ante,\).'i&f),
chap. 165.
Infra, chap. 45.

VOTE ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO
THE TRIAL OF THE PRISON^^ FOR THE MURDER OF INDIANS.

The Comm''^^ appointed to take under Consideration a Letter
signed Asseramo, Cheif of the Wawenock Indians, communicated
to the Court by his Hon'' the Lieut' Governour, are humbly of
Opinion that common Justice, as well as the publick Peace, re-
quire that some Measures be taken, by the Governm* to give them
Satisfaction, for the Injuries they have received from some ill
minded People, and the Com'*^*^ are of Opinion that for this Pur-
pose, It is highly expedient that the Prisoners charged with the
late Murther committed at the Eastward, & now in York Goal be
removed thence to the County of Middlesex, in order to take their
Trial at the Superiour Court, or Court of Assize to be held there
in August next & that an Act be pass'd accordingly. The

Comm"^*^ are further of opinion that it would be Convenient for
one or more of the Chiefs of that Tribe & some of the Relations
of the dec*^ to be brought up in Order to see Justice done, in Case
the Fact should be proved upon the Prisoners, or that in Case of
their being acquitted, they may however be satisfied of the just
Intentions of this Governm'^ towards them

Jacob Wendell by order.
In the House of Rep^''^

Read and Accepted

In Council ; Read & Concur'd &

Voted that Sam' Danforth Esq' with such as the Hon**'® House
shall join be a Committee to prepare a Bill ' for the Trial of the
Prisoners within mentioned in the County of Middlesex
In the House of Rep"**®

Read and Concurd and M"' Trowbridge and Cap White are Joyned
in the Affair. \^Passed June 26.'

CHAPTER 45.

Legislative
Records of the
Council, xix.,
209. Mass.
Archives,
xxxii., 38.

Legislative
Records of the
Council, xix.,
118, in. House
Journal, p. 46.
Supra, chap.
44.

VOTE FOR THE REMOVAL OF SAM'- BALL & BENJ^ LEDITE FROM YORK
COUNTY GAOL TO MIDDLESEX COUNTY GAOL.

Voted that Sam' Ball and Benj^ Ledyte two Persons now in the
Goal in the County of York suspected of being concerned in the
Murther of An Indian at the Eastward be removed to His Maj*^
Goal in the County of Middlesex at the Charge of the Province.
[Passed June 26.

CHAPTER 46.

ORDER ALLOWING £3. 16. 9\ TO NATHAN BARKER.

Records'ofthe ^ PETITION of Nathan Barker shewing that lie served as a Sol-
Councii, xix., dier on the Frontiers of this Province, under Capt Jonathan Bane,

* The bill failed of passage, House Journal, p. 52 (1750) .

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 27.

[1st Sess.] Province Laws (Resolves^ etc.). — 1750-51. 427

but was by Mistake left out of his Muster-Eoll, praying that his 211. Mass.
Wages may be allow'd itx'i^lk

Read and

Mass.

Ordered that the Pef be allowed and paid out of the publick Archives,
Treasury the Sum of three pounds Sixteen shillings and Nine HouseJour-
pence half penny in consideration of Wages and Expences within »ai, p. 46 6ts.
mentioned. [^Passed June 26.

CHAPTER 47.

ORDER ALLOWING THE ACCOt OF THE TREASURER OF YORK COUNTY.

An Accompt presented by Jeremiah Moulton Esq"^ Treasurer of Refords'ofthe
the County of York for the Year 1749. having been laid before the Council, xix.,
Court of General Sessions of the Peace for said County & by them '^

allowed na'il'pp^iMi.

Read &

Ordered thdit this Accompt, be allowed, & that the Ballance thereof,
being Ten Pounds, five shillings & tliree farth^* the said County is
accountable to said Treasurer for. [^Passed June 27.

CHAPTER 48.

RESOLVE CONSTRUING THE ACT FOR GRANTING UNTO HIS MAJESTY
AN EXCISE UPON WINES AND SPIRITS SOLD BY RETAIL.

Whereas in the act made & pass'd in the Twenty first year of Rgfor^s'onhe
His present Majestys Reign, Intituled, an act for granting unto Council, xix.,
His Majesty an Excise upon Wines & Spirits distill'd, sold by ArcMves^,^'
Retail, & upon Limes, Lemmons, & Oranges ' mention is made cxix., 460.
of Certain Summs to be paid for the Duties of Excise on Brandy, House Jour-
Rum, & Other the Commodities therein enumerated; as also of Province
Certain Summs to be forfeited & paid for the Violation or non ^haTi%?'449,"*
Observance of said act; but no Discrimination is therein made note,
betwixt Lawfull money & Bills of Publick Credit, nor is it de-
clared whether those Summs Shall be paid (according to their
nominal Value) in the one or in the other determinately ; by rea-
son whereof Some Doubts & Disputes have arisen and may arise
unless prevented by this Court Therefore

Resolved., that by the Several Summs in said act mentioned (either
as a Duty of Excise or as a Penalty) were Intended So much in Bills
of Publick Credit then last emitted or Value thereof, and no more,
and the said act ought so to be understood & Construed, and put in
Execution accordingly. \^Passed June 28.

^ The words "an act ... & Oranges," Mass. Archives, cxix., 460, are underlined iu
the original.

^28

Province Laws (^Resolves, etc. ) . — 1750-5 1 . [Chaps. 4il , 50. ]

CHAPTER 49.

Legislative
Records of the
Council, xix.,
•il5.

Legislative
Records of the
Council, xviii.,
290. House
Journal, p. 53.

ORDER ALLOWING THE ACCOUNT OF THE COM^^^ j-qR VIEWING NATICK.

Ax AccOMPT presented by Samuel Danforth Esq"" of the Time
& Expences of the Committee of the General Court appointed to
view the Precinct of Natick, amounting to the Sum of £0. 4. 3.

Ordered that the above Accompt be allowed & that Samuel Dan-
forth Esq"" be allow'd & paid out of the publick Treasury, the Sum
of Six pounds four shillings & three pence, to be by him repaid to
whom it is due, & that said Sum be added to the next Province Tax,
of the said Plantation called Natick. {^Passed June 28.

CHAPTEE 50.

ORDER IMPOWERING ELIS^

& MARY SEWALL, ADMINISTRATRICES, TO
SELL ESTATES.

Legislative
Records of the
Council, xix.,
216. Mass.
Archives,
xviii., 671.

Mass.
Archives,
xviii., 668-671.
House Jour-
nal, pp. 25, 37,
54. Province
Laws, ii., 151,
chap. 10.

A Petition of Elizabeth Sewall Widow & Administ'' to the Estate
of Mitchel Sewall late of Salem Esq' dec'^ Intestate ; & of Mary Sewall,
Widow & Administ'' of Jonathan Sewall late of Boston dec** Intestate,
setting forth the Difficult & involved Circumstances of the Estates
of their respective Intestates, & praying for Liberty to sell their real
Estates for paying the Debts thereon,

Ordered that the Prayer of the Petition be granted, & tlie Pet"
Elizabeth & Mary, are hereby impowered, in their Capacities of
Administratices, to the within named Jonathan & Mitchel Sewall,
to make Sale of the Estate within mentioned, remaining unsold,
& to execute in due form of Law. a Deed or Deeds thereof, to such
Person or Persons as shall give most for the same ; And that the s*^
Pet" Eliz^ & Mary respectively have the Improvement of One third
of the Produce of such part of the Premisses, as their respective
Husbands died seized of, (after just Expences of all sorts. Allowed
by the Judge for Probate of Wills &c. for the County of Essex, are
deducted) for their Lives respectively: The Residue or two Thirds
to be paid to the Children of the Intestates of Age, & to the Gaur-
dian or Guardians of such as are Minors; And what shall remain in
the Guardians Hands (upon an Adjustment off their Accompts pur-
suant to Law) to be paid unto the said Minors, as they arrive at Age,
or shall be married, which Shall first happen. Provided that before
sucli Sale shall be made, the Petition''* observe the Directions of the
Province Law, pass'd in the 6^'' Year of King George the first, relat-
ing to Execuf* or Adminst" Sale of real Estates; And that they
respectively give suflicient Security, to the said Judge, that the Prin-
cipal of the sev' Sums allowed them, shall at their respective Deaths,
revert to the right Heirs of the s** Intestates; also that the Guardians
give the like Security to the said Judge for the faithful Discharge
of their Trust. [^Passed June 29.

[1st Sess.] Province Laws {liesolves, etc.). — 1750-51. 429

CHAPTER 51.

ORDER EXTENDING THE TIME FOR THE VOYAGE OF THE MASS^^s

FRIGATE.

A Memorial of Joshua Winslow Esq'' & others shewing that by Legislative
reason of the Delay made in the Apprizement of the Ship Massa- councif, *xix!r
f'husetts Frigate, they lost the proper Season for employing her on 2i7: Mass.
the Voyage they proposed to the General Court. Therefore praying ixiv., 374.'
that their Term may be lengthned untill Octo^ 1751. & that they Mass.
may be allowed their Expences on said Ship. sg-ssmImv^^"''

Read, & it appearing that by reason of unforeseen & unavoid- 372. House'
able Accidents, the intended Voyage within mentioned cannot be Province^"
performed in the twelve Months limited for performing the same uote^'Ante^''
in. Therefore p. 354, chap.'

Ordered that a further time be allowed the Petitioners for per-
forming the Voyage af ores*^ in ; And that the same be extended to
the first of October 1751, upon the Conditions in the former Order
mentioned. Provided the Petitioners shall continue to bear all Charges
upon the Ship that may be necessary to preserve her in good repair,
& shall continue to keep a sufficient Number of hands in Pay to look
after her, & shall execute their Contract with the Gen' Court's Com-
mittee within ten days from this time. [Passed June 29.

CHAPTER 52.

ORDER ON THE PETITION OF NATHi- BULLARD IN REGARD TO TAKING
UP EQUIVALENT LAND.

A Petition of Nathaniel Bullard, shewing that about twelve years Legislative
ago, by Leave of the General Court he purchased of Crookhuck,* councif xlx!*^
Twenty Acres of Land in Natick, which proved afterwards to be the 217.
right of the Heirs of John Petame, whereupon the Proprietors of Mass.
Natick, by their Vote of the 15"> of May 1749. Granted the Peti- M.'^House"
tioner an Equivalent for the Same, which was approved of by the prov?nc'e^' ^'
Indians Guardians, praying that it may be confirmed by the Court. Laws, xii., 228,

Read& chap. 233.

Ordered that the Prayer of the Petition be granted, & the Vote
above referred to, is hereby approved & Confirmed accordingly.
[Passed June 29.

CHAPTER 53.

ORDER IMPOWERING JOSHUA BRAND, INDIAN, TO SELL LAND TO PAY

DEBTS.

A Petition of Joshua Brand of Natick Indian, shewing that he Legislative
has contracted a great Debt, by means of his great Charges in the councff, xix!)^
Law, for defending his right to his Lands there, praying for Liberty 217. Mass.
to sell Twenty Acres of the said Land, for clearing his Debts The xxxii., le*.

Indian Guardians having approved thereof. Mass.

Archives,
* The House Journal, p. 50, reads, '^ James Coochuck."

430

Province Laws {Resolves, etc. ) . — 1750-51. [Chaps. 54, 55.]

xxxii., 16.
Legislative
Records of the
Council, xviii.,
43. House
Journal, p. 50.

Eead and

Ordered that the Prayer of this Pet" be granted, and the Pet' is
hereby allowed (with the advice and assistance of the Guardians of
the Indians) to Sell the within mentioned Twenty Acres of Land
accordingly. [Passed June 29.

CHAPTER 54.

ORDER ON THE PETITION OF M"* TH« WELD IN REGARD TO SALARY.

Legislative
Records of the
Council, xix.,
217. Mass.
Archives, xiii.,
154.

Mass.

Archives, xiii.,
151-1,54. House
Journal, pp. 52,
54. Ante,
p. 392, chap.
328.

A Memorial of M' Thomas Weld. Pastor of the first Church in
Middleborongh. Complaining of the Proceedings of the Parish «&
their Comm^''® (more especially of their Disobedience to an Order
of the General Court, pass'd on the Petition preferred by Peter
Oliver Esq'' & others in April last) Complaining also of the Pro-
ceedings of an Ecclesiastical Council, held there this present Month
And praying for some proper releif from this Court.

Eead &

Ordered that the Petition' serve the V^ Church & Parish in Mid-
dleboro with a Copy of this Pet" that they may make Answer thereto
on the first Tuesday of the next Sitting of the Court. And in

as much as in the Eesult of the Council called by the Church, & con-
ven'd at Middleboro the IS'*^ June 1750, & refer'd to in the Petition,
no Eeason is given for the Dismission of M' Weld from the Pastoral
Care there, except, an Alienation of the Minds of the People, & the
Cause of such Alienation is not Assigned, therefore

Ordered that the said Eesult shall be deemd to have no Effect,
with respect to the Petitioner's legal Eight or Title to a Support from
the People, until the Answer as above directed, shall be given in, &
considered by this Court. Provided always, that if before the first
Tuesday of the next Sitting of this Court, a Council shall be mutually
chosen by the Minister & People, & shall come into any Determina-
tion or Eesult, this Vote or Order shall be come void & have no further
Effect. [Passed June 29.

CHAPTER 55

ORDER ALLOWING £2. 2. 8 PER MONTH TO CPT. W* LITHGOW.

Legislative
Records of the
Council, xix.,
■220. Mass.
Archives,
Ixxiii., 697.

Mass.
Archives,
Ixxiii., 696.
House Jour-
nal, pp. 55, 57.

A Petition of Capt William Lithgow Commander of Eichmond
Fort, setting forth the Insufficiency of his Wages, in the last estab-
lishm* for his Support, & praying for an Augmentation of th« Same

Eead and

Ordered that the Prayer of the Petition be granted and that the
Pef be allowed the Sum of two pounds two Shillings and Eight
pence per Month accordingly. [Passed June SO.^

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is July 3.

[1st Sess.] Province Laws {Resolves, etc.). — 1750-51. 431

CHAPTER 56. kJ»,"S.>,e

Council, xix.,
219

ORDER REFERRING THE PETITION OF SAM'- STEVENS TO A COMMITTEE. — '-

Legislative
Records of the

A Petition of Samuel Stevens of Roxbury, one of the Partners f.*'"^."!. ^ix.,

. . lo*<2 uis 15'* lo9

in the late Land Bank Scheeme, complaining of great Wrongs & 163,164,168,203!
Oppressions, more especially from the Conduct of the Commis- ^ai^j^'liT^
sioners, appointed for settling & adjusting that Affair, praying for (April, 1750) ;
relief from this Court Province

Read & chap.iv. 'Ante,

Ordered that this Petition, be committed to the Gentlemen ap- t^}'^^'^^^^-
pointed to consider the Petition of John Brown & others. \^Passed chap. 57.
July 2.

CHAPTEK 57.

ORDER DIRECTING THE C0MMI8S«* OF THE LAND BANK TO LAY IN Legislative

yK ACCO''. Records of the

Council, xix.,
219.

Ordered that the Commissioners appointed by this Court for ad- House Jour,
justing & finishing the Affairs of the late Land Bank, or Manufac- "ai. i|-59.
tory Sheme, lay an Accompt of their Proceedings therein before Laws, lii., us,
this Court on the first day of their next Sitting. \^Passed July 2. swpra^^chap

56.

CHAPTER 58.

ORDER ALLOWING £2. 13. 4 TO PATRICK BURN.

A Petition of Patrick Burn, shewing that by reason of the Legislative
Wounds, which he received in the late Expedition against Cape counc'lf xl*'^^
Breton, he is still disabled from labouring for his Support, pray- 219. Mass.' "*
ing for an allowance from this Court ixx^Lii.^^^si.

Read and u&ss.

Ordered that the Comm«® of War be directed to pay to the Select ^^xm^'ess
Men of the Town of Wenham Two pounds thirteen Shillings and HouseJour-
four pence for the Use of the Petitioner in Consideration of his provin'ci^' ^^'
Sufferings herein mentioned. [Passed July 2. Laws, xiii., 465,

p. 337, chap.
181.

CHAPTER 59.

ORDER DIRECTING THE EMPLOYMENT OF THE SLOOP MASSACHUS^s,

CAPT SAUNDERS.

In the House of Rep"^^ Srdfof the

Whereas Cap* Tho^ Sanders has this day offerd this House to council, xix.,
continue in the service of this Government with the sloop Mass'^ Archi^es^,^'
to find five Men, and to Victual and pay them for two Hundred ixiv.,385.'
pounds a Year Therefore Legislative

Ordered that He and the Sloop aforesaid be again taken into the council! xviii.^

432

Province Laws {Resolves, etc.). — 1750-51, [Chaps. 60, 61.]

^^■..„?{'"®® OA Service of this Government for one Year next Ensuing the End of

Journal, pp. 34, . , - __,. . . , °

56,57. Ante, the last Establishment upon the Wages aioresaid
p. 149, chap. 20. j^ Council Eead & Concur'd. [Passed July 3.

Legislative
Records of the
Council, xix.,
•2-20. Mass.
Archives,
xxxii., 44.

Mass.
Archives,
xxxii., 9, 42.
Legislative
Records of the
Council, xix.,
218. House
Journal, pp. 56,
59, 60. Prov-
ince Laws,
i., 719, chap. 5 ;
ii., 319, chap. 1.
Ante, p. 426,
chap. 45.

CHAPTEK 60.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO
THE TRIAL OF BALL & LEDITE FOR THE MURDER OF INDIANS.

John Quincy Esq^ from the Committee on the Affair of the Trial
of Ball & Ledite gave in the following Report viz

The Comm"^® having attended the Service, report as their Opinion,
That his Honour the Lieuten* Governour, be desired to send for the
Widow, & any other near Relations of the murthered Indian, also
the two wounded Indians, to come up to Boston as soon as may be,
as also a Number of the Chiefs or (if the Cheifs cannot readily be
notified) other Indians of the Tribe, to which the said Indian belonged.
And that his Hon'" be desired with the Advice of the Council, to take
such Measures with said Indians, as shall appear to be necessary to
preserve the Peace The Comm"^* further report that a Bill be

brought in to explain the Province Law, entitled an Act for holding
special Courts of Asize & General Goal delivery. And also another
Act intitled an Act in addition to the Act aforesaid. which is

humbly submitted , John Quincy ^ Order

Read &

Ordered that this Report be accepted, And that this Committee
prepare the Draught of a Bill referring to special Courts of Assize
&c. [Passed July 8.

CHAPTEK 61

Legislative
Records of the
Council, xix.,
220. Mass.
Archives, cxv.,
595.

Mass.

Archives, cxv.,
594. Ante,
p. 422, chap. 36.

ORDER REFERRING THE PETITION OF DAN'- EPES, ESQ«, & OTHERS OF
SALEM, IN REGARD TO TAXATION.

A Memorial of Daniel Epes Esq"" for himself k other Inhabitants
of Salem, shewing that they had not Opportunity of seasonably serv-
ing the Clerk of the said Town w"' a Copy of their Petition (enter'd
the 21^* of last Month) & praying that it may be referred to the first
Thursday of the next sitting of this Court

Read and

Ordered that the Prayer of this Mem" be granted and that the
Town Clerk within mentiond be Notifyed of this Order accord-
ingly.' [Passed July 3.

* Not found in the House JournaL

[2d Sess.] Province Laws {Resolves, etc.). — 1750-51. 433

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Twenty-sixth day of September, A.D.

1750-

CHAPTER 62.

ORDER ALLOWING £40 ADDITIONAL TO THE SECRETARY FOR A CLERK.

A Memorial of Josiah Willard Esq'' shewing that the Allowance Legislative
made by this Court to enable him to provide An Assistant in his Office, councif xU!*^
ended the twelfth of June last, & praying that further Provision may '^•■^2.

be made House Jour-

-r, -10 nal, pp. 63, 64.

iiead & We, p. 290,

Ordered that the Sum of Forty Pounds be allowed & paid out of ^'^^p- '^^•
the publick Treasury to the Memorialist to enable him to procure
Assistance in his Office the current Year, in consideration of his
Indisposition of Body. \Passed September 27.

CHAPTER 63.

ORDER ALLOWING THE ACCO^ OF THE TREAS^ OF PLIM'^ COUNTY.

An Accompt presented by Edward WinsloAv Esq' Treasurer of the Legislative
County of Plimouth for the Year 1749, having been by him laid ^^^^cn'xix*!!®
before the Court of General Sessions of the Peace for said County 22-2.

& by them allowed, House Jour-

Ti A B nal, pp. 19, 63,

Read & 65.

Ordered that the above Account be allowed, and that the Ballance
thereof being seventy four Pounds & six pence, Lawfull Money the
said Treasurer is further accountable to said County for. [^Passed
September 28.

CHAPTER 64.

ORDER ALLOWING THE ACCOUNT OF THE TREAS« OF ESSEX C^.

An Accompt presented by Daniel Appleton Esq"" Treasurer of the Legislative
County of Essex for the Years 1748. & 1749, having been laid before Scu'xix!!^
the Court of General Sessions of the the ' Peace for said County & f^^.^-^^^^-
by them allowed ccxivii., 199.

Read and Mass.

Ordered that the within Ace' be allowed, and that the Ball* ^xMi.?i99.

1 Sic.

434

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 65-67.]

House Jour- thereof being Sixty Seven Pounds thirteen Shillings one penny
64. ' ■ ' ' half penny Lawful Money, the within named Treasurer be further
Accountable to Said County for. [Passed September 28.

Legislative
Records of the
Council, xix.,
223. Mass.
Archives,
ccxlvii., 202.

Mass.
Archives,
ccxlvii., 202.
House Jour-
nal, pp. 10, 63,
65.

CHAPTER Q5.

ORDER ALLOWING THE ACCOUNT OF THE TREAS^ OF BRISTOL C.

An Accompt presented by Robert Lyscomb,' Treasurer of the
County of Bristol in the Year 1749, having been by him laid before
the Court of General Sessions of the Peace for said County & by
them allowed

[Read &]

Ordered that the above Ace' be allowed, and that the Ball^ thereof
being One pound Eight Shillings seven pence three farthings and
Eleven fifteenths Lawful Money The said County be further Ac-
countable to the abovenamed said Treasurer for. [Passed Septem-
ber 28.

CHAPTER 66.

VOTE FOR RAISING SOLDIERS FOR THE DEFENCE OF THE EASTERN

FRONTIERS.

Legislative
Records of the
Council, xix.,
223. Mass.
Archives,
Ixxiii., 720.

House Jour-
nal, p. 66.

Voted that His Hon'' the Lieu* Gov"" be desir'd to Cause to be
rais'd (as soon as may be) One hundred and fifty Men in the Town
of Falmouth, and the Towns to the Westward of Falmouth in the
County of York by inlisting or impressing, including those already
rais'd by Lieu*^ Col° Gushing, for the protection and defence of the
Inhabitants in the Eastern Frontiers to the Eastward of Falmouth
(saving ten Men to be Posted at Phillip's Town) in getting in their
Harvest.

And that Usual Pay and Subsistance be allowed for said Men
accordingly till the first of November next And that the Men
already Enlisted or Impressed by Lieu* Col" Gushing to the East-
ward of Falmouth be dismiss'd; And that his Honor be desired
to take proi>er Officers from the Places where the Men are enlisted
or impress'd. [Passed September 28. "^

CHAPTER 67.

VOTE FOR SEND'' AMMUNITION EASTWARD.

Legislative
Records of the
Council, xix.,
223. Mass.
Archives,
Ixxiii., 725.

House Jour-
nal, p. 66.

Voted That his Honour the Lieu' Gov' be desired to order one
half lb Gun powder & Ball & flints in proportion to Capt Jonathan
Williamson of Wiscassett for the use of that place, As also the like
Quantity of powder & Ball & flints to Capt Alex' Nicholls of Sheep-
scutt for the Use of that place, in this Time of Danger, the s*^ Wil-
liamson & Nicholls to be accomptable. [Passed September 29.

' Mass. Archives, ccxlvii., 202, gives the signature as Robert Luscombe.
- This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is September 29.

[2d Sess.] Province Laws {Resolves, etc.). — 1750-51. 435

CHAPTER 68.

ORDER ALLOWING TO EDW° EVELETH HIS ACCOUNT FOR SUBSISTENCE

AND STORES.

A Petition of Edward Eveleth Esq' shewing that in April Last ^^^^^^^**^f .jj
this Court made a Grant to him for what he had advanced for Sub- council, xix.,
sistence of Soldiers &c in the late Expedition against Cape Breton, Archives^'
but gave no particular Orders to any Officer to discharge that De- ixxiii.,523.
mand, praying for more particular Orders in the AflEair Mass.

Kead and ixxm., 523.

Ordered that the Prayer of the Pet° be granted and that the Com- ^^*5)'^'p:^?oy7i.
missary Gen' be directed to pay the Pef Usual Subsistance of the Ante, p- 384,
Persons in the first Pet° mentioned being in the whole five hundred *' ^'^'
and Nine Days.

And that He be also paid by the said Commissary His Acc*^ of
Expences of twenty Six Gallons of Eum, twelve Gallons and three
quarts of Molosses. And ten pounds of Sugar, agreable to the Order
of the 7'^'' of April accordingly. \^Passed October 2.

CHAPTER 69.

ORDER ALLOWING £8. 7. 6 TO ROB'^ HALE ESQ". Legislative

Records of the
Council, xix.,

A PETITION of Eobert Hale Esq' Sherriff of the County of Essex, 'fl-^^^^^-
setting forth his & his under Ofticers Services, Time & Expences in xuii., 227!
removing Obadiah Albee from the Goal in Salem to the Goal in York, Mass.
by order of the Court of Assize & praying for a proper Allowance ^im^.^Ile!
from this Court k^^is^^^^'^l^u

^ - -, Records of the

Kead and council, xix.,

Ordered that Eight pounds Seven Shill^^ and Six pence be allowed f^^^jfai, pp." s*!
the Pef out of the Treasury in full for his Service herein mentioned. 59, 67. Ante,

r D J n t I. o p. 330, chap.

YFassed October ^. i65.

CHAPTER 70.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
SAM'- BELNAP TO SET ASIDE A JUDGMENT AND GRANT A NEW TRIAL.

A Petition of Samuel Belknap of Woburn, shewing that upon Legislative
an Appeal tried at the Inferiour Court of Common Pleas for the couSxixT
County of Middlesex at Charlestown in March last the Action being fl-^-J;^^^-
between the Petitioner & James Crosby, the Parties submitted to a xiiii., 285.'
Rule of Court, That by the partial Management of the Referrees, Mass.
The Petitioner has had extreame Wrong done him. & therefore pray- ^i^?>'^?fi285.
ing that the Award & Judgment thereon may be set aside, & that he House Jour-
may have a new Trial of said Cause

Read and

Ordered that the Pef serve the Adverse Partie James Crosby 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 within mentioned is Stayed in the mean

436 Province Laws {Resolves, etc. ) . — 1 750-5 1 . [Chap. 71.]

time. Provided the Pef give sufficient Security to the Sheriff of the
County of Middlesex to pay what shall be finally adjudged due upon
the Action within mentioned. \^Passed October 2.

CHAPTER 71.

RESOLVE IMPOWERING THE SELECTMEN OF GROTON TO CALL TOWN
AND PARISH MEETINGS.

Records^of the ^ PETITION of the Select Men of The Town of Groton, shewing
Council, xix., that Shubael Hubbard, a Collector of Taxes, for the said Town &
Archivesfcxv., fi^st Parish there, after having collected a considerable part thereof,

'^^^ . was committed to Prison for Debt, & like to remain there. Therefore

Mass. praying that the said Town & parish, may be impowered to Call a

717. House ' meeting for the choice of another Collector or Collectors that the

Journal, pp. 70, ^ggessors for the Year 1749. may be impowered to give out new

Warrants for collecting said Taxes, or that they may be releived in

the Premisses.

Whereas the Inhabitants of the Town of Groton as also the In-
habitants of the first Parish in Said Town were assessed in the year
1749. To the Province Tax as also to the Town Tax & Parish Tax
about Two hundred & Sixty Seven pounds new Tenour Bills of which
Sum the Province Tax was about one hundred & Eighty Two pounds
Eight shillings & four pence Three farthings new Tenour Bills, which
Taxes were Committed To one Shebuel Hubbard Jun'' one of the Con-
stables of Said Town as also one of the Collectors of the Said first
Parish to Collect, Out of which he Collected about Eighty pounds
Seven shillings & Seven pence Three farthings new new ' Tenour of
the Province Tax but paid none into the Treasury and has also Col-
lected & paid into the Town & Parish Treasury about one half of the
Said Town & Parish Tax which he was to Collect and the said Hub-
bard being now a prisoner in His Majestys Goal in Boston in the
County of Suffolk & by that means Disabled from finishing & Com-
pleating his Said Collections, by which means great inconveniences
may happen To said Town & Parish Therefore

Resolved That the Said Town & first Parish be & hereby are
Enabled to Call & ^ Town & Parish meeting & to Choose a Collector
or Collectors in the room of Said Hubbard & that the Person or
Persons so Chosen are hereby fully impowered to Collect the re-
maining part of said Assessments & To pay in the same into the
Province Town & Parish Treasurys where it is due and that the
Province Treasurer and the Assessors for the said Town & Parish
for the year 1749, are hereby Enabled to Giue new Warrants for
Collecting & paying in the same Accordingly and that the Said
Hubbard be obliged to acco*^ for what Sums of said assessments he
has receiued & not regularly Discharged himself of and that the
person or persons So Chosen in the room of Said Hubbard Shall
be under the same penalty for refusing to Serve in said office as
is already by Law provided. \^Passed October 3.

» Sic.

^ Sic, for " a," See Legislative Records of the Council, xix., 230.

[2d Sess.] Province Laws (Besolves, etc.). — 1750-51. 437

CHAPTER 72.

ORDER FOR BUILDING A STORE HOUSE ON CASTLE ISLAND AND AP-
POINTING A COMMITTEE THEREFOR.

In the House of Eep""" R^?*^'d*^^f th

Ordered that a Convenient House be built at Castle William for council, xix.,
the reception and preservation of the Stores belonging to the Koyal ArohWesT'
Battery; and that M"" Tyng M' Pratt and M"" Bucknam Cause the ixxiii., Tie.
same to be done in the best & Cheapest Manner. Also Mass.

Ordered that it be an Instruction to the Comm'^^ to Cause any ixxiii-Tne.
small repairs that are necessary to be effected in like manner naTpp'^sT'Ts

In Council
Eead and Concurd and Jacob Wendell and Sam' Watts Esq" are
Joyned in the Affair

In the House of Eep^^'
Read and Concur'd. [Passed October 3.

CHAPTER 73.

ORDER REFERRING THE PETITION OF ELISHA MARSH.

A Petition of Elisha Marsh, Minister of the Plantation, called ^^g'»i^"^e,^

KGCords Oi the

Narragansett Number two, complaining against the Proprietors & council, xix.,
Inhabitants of said Place for neglecting to support him according ArchivesTxiii.,

to their Engagements, & praying that this Court would grant him ]^

Releif in that Matter House Jour-

Eead and ProV'ince

Ordered That the Consideration of this Memorial be and hereby ^hj^%i"''im/e,
is referr'd to the Comm'^", appointed the 16'*' of April last, to pre- p. 39i,ciiap.
pare the Draft of a Bill for relief of Ministers in New Townships;
and that the Comm®*^ report as Soon as may be. [Passed October 3.

CHAPTER 74.

ORDER ALLOWING THE ACCOUNT OF THE TREAS» OF MIDS-^ COUNTY.

An Accompt presented by Daniel Eussell Esq'' Treasurer of the Legislative
County of Middlesex for the Year 1749, having been by him pre- councff xix*.^^
sented to the Court of General Sessions of the Peace for the said 232 Mass.
County & by them allowed ccxivii., 188.

Eead and House Jour.

Ordered that the within Ace* be allowed And that the Ball^ thereof ^^^' pp- lo- ^^^
being Sixty eight pounds twelve Shi'^ and five pence three farthings,
the within Named Treasurer is further Accountable to said County
for. [Passed October 4.

438

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 75-77.]

CHAPTER 75.

ORDER ALLOWING THE ACCO^ OF THE TREAS« OF SUFFOLK COUNTY.

Legislative
Records of the
Council, xix.,
232.

House Jour-
nal, pp. 10, 63,

78.

An Accompt presented by Edward Winslow Esq' Treasurer of the
County of Suffolk for the Year 1749. having been by him presented
to the Court of General Sessions of the Peace for said County & by
them allowed

Read &

Ordered that the within Acco' be allowed & that the BaUance
thereof being, Twenty Pounds & ten pence New Tenor, being
equall to Eleven Pounds fifteen shillings, one penny, one farthing
& five fifteenths the within named Treasurer is further Account-
able to said County for. {^Passed Octoier 4.

Legislative
Records of the
Council, xix.,
232. Mass.
Archives, xiii.,
206.

Mass.

Archives, xiii.,
205. House
Journal, pp. 11,
79. ^M<e,p.409,
chap. 2.

CHAPTER 76.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF
DANIEL GIDDINGS AND OTHERS IN REGARD TO A MINISTERIAL TAX.

A Petition of Daniel Giddings & others in behalf of a Society
in the second Parish in Ipswich, whereof M' John Cleveland is Min-
ister, setting forth the great Diflficulties they are under by Reason
of this Court's establishing the Tax, Voted by the Inhabitants of
said Parish, & by the proceedings had in the Law thereupon, whereby
they apprehend they shall be extreamly injured & oppressed, & there-
fore praying relief from this Court, & that Execution against them
may be stayed

Read and

Ordered that the Pet" serve the Clerk of the Second Parish in
Ipswich with a copy of this Pet", that they Shew cause if any they
have, on the Second thirsday of the next Sitting of this Court why
the Prayer thereof should not be granted And All Proceedings with
Respect to Parish Taxes are hereby Stayed in the mean time. \^Passed
October 4.

CHAPTER 77.

ORDER IMPOWERING BENJ. RICHARDSON, ADMINISTRATOR, TO SELL AN

ESTATE.

Legislative
Records of the
Council, xix.,
233. Mass.
Archives,
xviii., 676.

Mass.
Archives,
xviii., 675.
House Jour-
nal, pp.79, 81.
Province
Laws, ii., 151,
chap. 10.

A Petition of Benjamin Richardson Administ' of the Estate of
Isaac Richardson late of Woburn dec*^ shewing that the said Isaac
was Proprietor of a Right of Land in the Township called Narra-
gansett Number two, which he was about to settle but was prevented
by Death, & that he has left only seven small Children & therefore
praying that their Guardians may be impowered to sell the said Right
for the Benefit of the Children

Read and

Ordered that the Pef be and he hereby is allowed and Impowered
to make Sale of the land herein mentioned for the most the Same
will fetch. He Observing the directions in the Act of the Province
relating to the Sale of Intestate Estates, and giving Security to the

[2d Sess.] Province Laws (Hesolves, etc.). — 1750-51. 4:39

Judge of Probate for the County of Middlesex that the produce
thereof (after the Just Debts are paid) be applyed for the best ad-
vantage of the Minors. [Passed October 4.

CHAPTER 78.

ORDER ALLOWING £4 TO JA^ WILLIAMS, ESQb AND IMPOWERING THE
TREASURER TO COLLECT ARREARS OF TAXES.

A Petition of James Williams of Taunton, in the County of r^^'^^I^^^I tj.
Bristol Esq'' shewing that agreeable to the Order of this Court he council, xix.,

has received of the Executors of Charles Church Esq'' late Sherriff '^^

of the said County, The Executions for publick Taxes & other pub- nai^^pp^^ef^Ts
lick Papers left in his hands, & has made strict Inquiry about de- si. '^nie.p.iob,
fective Constables in said County & returned an Account thereof: p.sea.chap.
praying that the Court would appoint some Person or Persons to '^^•
receive the said Executions & other Papers & make some suitable
Allowance for the Petitioners Time & Expence in said Service.

In the House of Representre'''^^ Read &

Ordered that the Executions & Papers within mentioned be deliv-
ered to Sam^ White Esq"" of Taunton, to be by him delivered to the
Treasurer,

Ordered also that the Sum of Four Pounds be allow'd the Peti-
tioner (or Order) out of the publick Treasury for his Services &
Expences within mentioned. Also

Voted that the Treasurer be directed, to take the most Speedy
& elfectual Methods, to recover the Money due to the Province
from the Executors of Charles Church Esq'' late Sherriff of the
County of Bristol

In Council Read & Concurd & Andrew Oliver & Thomas Hutch-
inson Esq'" [with such as the honourable House shall appoint,] ' are
a Comm*'^'' to consider of some proper Metliods of recovering from
the several Inhabitants, who by the Order of his Majesty in Coun-
cil are sett off to Rhode Island the Arrears of Taxes due from them,
said Comm*'^® to report as soon as may be In the House of Rep-
resent'''^'' Read & Concurd, & M"" Trowbridge, Col° Otis, & Capt White
are joined in the Affair. [Passed October 4.

CHAPTER 79.

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BARNSTABLE

COUNTY.

An Accompt presented by John Gorham Treasurer for the County Legislative
of Barnstable for the Year 1749. having been by him laid before the councif.xix!!^
Court of General Sessions of the Peace for the said County & by them f ^i.j^f^^l'l^^-
allowed ccxMi., ict.

Read and House Jour-

Ordered that the within Ace' be allowed and that the Bal^ thereof '^^}' pp- 1°' 63.
being Twenty Seven pounds Seventeen ShiRs^ two pence three far-
things and eleven fifteenths Lawful money the present Treasurer is
further Accountable to said County for. [Passed October 5.

1 Inserted from the House Journal, p. 81.

440

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 80, 81.]

CHAPTER 80.

Legislative
Records of the
Council, xix.,
235. Mass.
Archives,
xliii., 99.

Mass.
Archives,
xliii., 97.
House Jour-
nal, p. 84.
Ante, p. 375,
chap. 281;
p. 421, chap. 33.

ORDER WITH STAY OF EXECUTION REFERRING THE PETITION OF JOS.

MOFFAT.

On THE Petition of Joseph Moffat {ante, p. 375, chap. 281]
Read together with the Answer of John Worthington Esq' Attor-
ney Of iVaron Nelson within named ; &

Ordered that the Consideration of this Petition be referred to_ the
next Sitting of the Conrt; & Execution is staid in the mean time.
\^Passed October 5.

Legislative
Records of the
Council, xix.,
18, 247. Mass.
Archives, cxv.,
694.

Mass.

Archives, cxv.,
693. Legisla-
tive Records of
the Council,
xix., 142, 179.
House Jour-
nal, pp. 29, 83.
Ante, p. 334,
chap. 174.

CHAPTER 81.

ORDER ACCEPTING THE REPORT ON THE PET^ OF Y« INHAB'^s oF NEW
BRAINTREE HARDWICK, BROOKFIELD TO BE ERECTED INTO A SEP-
ARATE PRECINCT.

A Petition of Eleazar Warner, Thomas Sterns & others, Inhabi-
tants of tliat Part of Hardwick, that lies on the Easterly & South
easterly side of Ware River, »& Inhabitants of the North Part of the
Town of Brookfield, & of the Place called New Braintree, Setting
forth their Difficulties, by reason of their great Distance from the
Places of publick Worship in their respective Towns ; & Praying that
they may be erected into a separate District, by the Bounds partic-
ularly described in the Petition;

The Comm*^'' on the Petition of the Inhabitants of a Tract of
Land, in the County of Worcester, called New Braintree, & the
Inhabitants on the East Side Ware River being part of the Town
of Hardwich, some of the Inhabitants of the North part of Brook-
field, & the Inhabitants of the West Wing of Rutland, have attended
that Service viewed the Scituation thereof, & heard the Parties con-
cerned & are humbly of Opinion, That the aforesaid Tract of Land
called New Braintrefe, & that Tract of Land on the East side of
Ware River, in the Town of Hardwick with the Inhabitants on said
Tracts, together with seven Eamilies & their Estates on the North
part of the Town of Brookfield be erected into a distinct & seperate
Precinct, & be invested with Powers & Priviledges, which other Pre-
cincts do or by Law ought to enjoy.

N. B. The above mentioned Seven Families on the North part of
Brookfield are as follows, viz'' Joseph Pepper, Moses Abbot, David
Gilbert, Sarah Barnes, Ebenezer Spooner, Joseph Pepper & Jona-
than Gilbert,

All which is humbly submitted ^ Sam'- Watts ^ order.

Read &

Voted that this Report & the Petitions therein refer'd to be
revived; & Upon further Consideration thereof;

Ordered that the said Report be Accepted & that the Families &
Estates within mentioned be set off k constituted a separate Pre-
cinct accordingly. \^Passed October 5.'

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

[2d Sess.] Province Laws {Resolves, etc.). — 1750-51. 44:1

CHAPTER 82.

ORDER GRANTING TO JON^ DWIGHT LICENCE TO SELL STRONG DRINK.

A Petition of Jonathan Dwight of Boston, shewing that he has Legislative
been an Inholder in said Town divers Years, that at the last Term councif xfx .^^
for granting of Licences, for the County of Suffolk he was absent 237. Mass.' "'
upon Important Bussiness, Therefore praying that the Court of Gen- .^^^^'^^S'''^'-'
eral Sessions for the said County may be impowered at their present House Jour-
Term to grant him a Licence, & that he may sell strong Drink in '^*'' p- ^•''■
the mean Time,

Read and

Ordered that the Prayer of this pet° be So far granted as that
the Justices of the Gen' Sessions of the Peace for the County of
Suffolk be and hereby are impow** at their present Sitting, (upon
the Petitioners producing the approbation of the Selectmen of the
Town of Boston) to license him for the purpose withinmentioned.
\^Passed October 6.

CHAPTER 83.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION
OF THE INHABITANTS OF FREETOWN, ROCHESTER, DARTMOUTH, AND
MIDDLEBORO IN REGARD TO ANNEXATION TO THE NEW PRECINCT.

A Petition of Edward Freeman & others. Inhabitants of the Legislative
Towns of Freetown, Rochester, Dartmouth & Middleboro, Pravinff Records of the

//■ -r» ,-ii ,<.!• i'-i-»-- \i , Jo Council, XIX.,

(tor Reasons particularly set forth m their Petition) that they may 187,237. Mnss.
be set off from their respective Precincts, & annexed to the Parish uts?'^''^^^' ''^'"■*
in their Neighbourhood which was established by this Court in the m^ibs!

Year 1747. Archives, xiii.,

192 LeffisW-

The Committee to whom was refer'd the Petition of several In- tive Records of
habitants of the Towns of Rochester, Dartmouth, Freetown & Mid- x^ix^23o°*''''
dleboro, having heard the Parties & Considered the Petition, are of ^°/^*' ''Se '"gg
opinion that tlie Petition be so far granted, as that, Caleb Blackwell, Ant^p'.bi,
Ebenezer Lewis, Thomas Swift, Elisha Freeman of Rochester; Ben- ^^^v-i3.i.
jamin Pierce, Ebenezer Keen of Dartmouth ; Elisha Hatch & Stephen
Andrews of Freetown, Joseph Fimney ' & Nathan Morton of Middle-
boro, with their Families & Estates be annexed to said new Parish,
The time limited by the General Court for signing being elapsed
Notwithstanding, And the Com*®^ are further of Opinion, thatt all
Persons who shall hereafter settle upon the Lands belonging to the
Town of Rochester, within Two Miles of the Meeting House in the
said Parish, and all Persons who shall hereafter settle upon the Lands
belonging to the Towns, of Middleboro, Dartmouth & Freetown within
three Miles of the Meeting House in said Parish, & shall in eighteen
Months after their Settling, give in their Names, with this their Desire
to the Clerk of said Parish, at the annual Meeting, & shall carry a
Certificate of the same, to the Clerk of the Town within whose Limits
they are settled, shall thenceforward belong to said Parish.

f? order of the Comm'*^* Jos. Wilder.

Read &

Ordered that this Report be & hereby is Accepted. [Passed
October 6.

' The State Library copy. Legislative Records of the Council, xix., 248, reads, " Finney."

4A:2i Province Laws (^Resolves, etc. ) . — 1750-51. [Chap. 84.]

CHAPTER 84.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE NATICK
MEET<^ HOUSE AFFAIR.

Legislative ^^^ \ MEMORIAL of the Commissioners for the Corporation for prop-
Councii, xix., ogating the Gospell among the Indians in New England, setting
Archives.^xHu forth the proceedings had in the District of Natick referring to

191- their Meeting house, & praying that the English Inhabitants who

^fass- shall subscribe towards the finishing of the Meeting House where

190. Hoiise ' it is now rais'd may have the Indulgence, as by this Court was given
se!"™^/^!'^"*^''' to those that should subscribe towards the Removal of it.
p. 294, chap. 84. The Comm'*"^ appointed to consider the Memorial of the Commis-
sioners of the Corporation for propogating the Gospell in New Eng-
land & Parts adjacent in America having duly considered the same,
together with the Papers accompanying it. do report as their Opinion,
that the Clerk of the Parish of Natick. have a Copy of the said Memo-
rial and that he be directed to call a meeting of the said Parish, &
that the Names of all the Voters present be taken down in writing,
and that the Moderator propose the Questions, Whether the Parish
agree to sett their Meeting house in the Place, proposed by the Gen-
eral Courts Comm^'"' in their Report of the 11"' of August 1749. not
exceeding Forty Rods to the Westward of the House called William
Thomas's House. & whether they agree to take the Rev<^ M' Pea-
body the Indian Pastor, to be the Parish Minister ? And that these
Questions be determined by a Poll of the A^oters present, k the Names
of the several Voters and on which side they voted, be returned to
this Court on the second Friday of the next sitting thereof. And
if it shall appear that those Questions are carried in the Affirmative,
the Parish shall then proceed to fix & acertain the particular Spot
on which the said Meeting House shall stand as aforesaid. All which
being done the Comm'^^ are of Opinion, That the Frame of the Meet-
ing House now raised, be taken down & removed to said Spot, and
finished as soon as may be. The Parish's Proportion of the charge
of removing & building the same to be determined, & Assessed upon
the English Inhabitants in such Manner as this Court shall direct,
& that in order to support & maintain the Gospell Ministry for the
future in said Parish, at least so long as the Rev'' M'' Peabody con-
tinues to be their Minister, the several English Inhabitants be assessed
so much & no more for their Polls & Estates, as their Polls & Estates
would pay annualy to the Ministerial Tax in the Town of Needham,
were they Inhabitants of & had such Estate in said Town, Provided
also that in said Meeting House, to be placed as aforesaid, suitable
Room & Accommodation to be made and at all times reserved for
the use of the Indian Inhabitants, But if the Parish in Natick shall
not meet, or being met sliall not pass upon the Matters beforemen-
tioiied before the next sitting of this Court, Or if it shall appear
that the Questions aforesaid are carried in the Negative, the Comm'*""
are of Opinion that the Meeting House now raisd, be finish'd where
it now stands; & that any of the English Inhabitants, who by the
return of the list of Voters, shall not appear to have given their
Votes against placing the meeting House, near to William Thomas's,
or against receiving the Rev'' M"" Peabody for the Parish Minister, &
who shall subscribe towards building or finishing the Meeting House,
where it is already rais'd, & towards the Support of the publick Wor-

[2d Sess.] Province Laws {Resolves, etc.). — 1750-51. 443

ship in said Place in such Proportion as if they & their Estates
belonged to Needham, and shall within twelve Months give in their
names to this Court, all such together with their Estates shall be
intirely freed from paying any thing, towards building a Meeting
House or Support of the Gospell, any where else in said Natick, and
shall not be obliged by any Vote that the Parish may make referring
to the Same, so long as they shall continue to pay towards the Sup-
port of the publick Worship in proportion as aforesaid, as agreable
to the Subscription proposed, or in such other proportion as they &
their Minister shall hereafter agree By order of the Comm""^

Jos. Wilder

Read and

Ordered that this Report be Accepted, & that the Parish in Natick
conform themselves accordingly. \^Passed October 6.

CHAPTER 85.

ORDER GRANTING TO SARAH THOMAS LICENCE TO SELL STRONG

DRINK.

[Petition of Sarah Thomas, for license to sell strong drink] Mass.

%- ^ , ' o J Archives,

Read and cxix., 477.

Ordered That the Prayer of the Petition be granted and the Jus- Mass.
tices of the General Sessions of the Peace for the County of Suffolk ^j^*^.^^^!'.
are hereby impowered at their present Sitting, (upon the Petitioners House Jour-
producing the recommendation of the Selectmen of the Town of ^^ '^-
Boston) to license her for the purpose mentioned in the petition.
[Passed October 6.

CHAPTER 86.

ORDER GRANTING TO SARAH DORBY LICENSE TO SELL STRONG DRINK.

[Petition of Sarah Dorby, for license to sell strong drink] Mass^ ^^

Read, & cxix., 480*.

Order''d that the Prayer of this Petition be so far granted as that Mass.
the Justices of the Court of General Sessions of the Peace for the ^xlxl^m
County of Suffolk at their present Term for Sitting, be & they are House Jour-
hereby impower'd (if they see Cause) to grant Licence to the Peti- °^ • P"
tioner to Retail Strong Liquors (in the House mentioned in the
Petition,) She producing a Certificate from the Select men of the
Town of Boston recommending her as qualified for such an Em-
ployment as the Law directs) ' the time by Law appointed for grant-
ing of Licences being elapsed notwithstanding. [Passed October 6.

' Sic, as to parenthesis.

444

Province Laws {Resolves, etc.). — 1750-51. [Chaps. <S7-90.]

Archives,
cxix., 484.

Mass.
Archives,
cxix., 483.
House Jour-
nal, p. 85.

CHAPTEK 87.

ORDER GRANTING TO MARGARET SWAN LICENSE TO SELL STRONG

DRINK.

[Petition of Margaret Swan, for license to sell strong drink]

Read &

Ordered that the Prayer of this Petition be granted & the Justices
of the General Sessions of the Peace for the County of Suffolk, are
hereby impowered at their present Sessions (upon the Pet" produc-
ing the recommendation of the Select men of the Town of Boston)
to licence her for the purposes mentioned in the Petition. [Passed
October 6.

CHAPTEK 88

Legislative
Kecorde of the
Council, xix.,
239.

House Jour-
nal, p. 84.
Province
Laws, iii., 513,
chap. 1.

ORDER TRANSFERRING AN APPROPRIATION &c.

Ordered that One hundred & forty five Pounds be transfer'd from
the Appropriation where there is no Establishm' to the Appropria-
tion for the payment of the Members of the General Court. [Passed
October 8.

Legislative
Records of the
Council, xix.,
239. Mass.
Archives,
xliii., 250.

Mass.
Archives,
xliii., 248-2.50,
257-260. House
JoTimal, p. 90.

CHAPTEK 89.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
JON^ DRAPER FOR A NEW TRIAL.

A Petition of Jonathan Draper of Bellingham, complaining of
unfair Management of the Referrees upon an Action commenced
against him at an Inferiour Court of Common Pleas, held at Worces-
ter in April last: by David Pond of Mendon (one of the Referrees
being strongly prejudiced against him) <& praying that the Report
of the said Referrees may be set aside, & that he may have another
Trial of the said Action & Execution be stayed in the mean time

Read and

Ordered that the Pet^ serve the Adverse Partie 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 be not granted And
Execution within mentioned is Stayed in the mean time. [Passed
October 8.

CHAPTEK 90

Legislative
Records of the
Council, xix.,
2,39. Mass.
Archives, cv.,
371.

Mass.

Archives, cv.,
.369-372. House
Journal, pp. 85,

87.

ORDER ALLOWING £13. 1.3. 4 TO JOSEPH AVERIL.

A Petition of Joseph ' Averil of Sheepscutt, setting forth his
Services in riding Express at divers Times in the Service of the
Governm^ & while in that Service he fell from his Horse & broke
three of his Ribbs, praying that he may be allowed the Ballance of
his Acco*^ herewith exhibited, & some Consideration for the said
Disaster

Read and

1 Mass. Archives, cv., .370, and the House Journal, pp. 85, 87, read, " Israel."

[2d Sess.] Province Laws {Resolves^ etc.). — 1750-51. 445

Ordered that the Prayer of the Pe*" be so far granted as that the
Pef be allowed out of the publick Treasury Thirteen pounds thir-
teen Shillings and four pence Lawful Money to Ballance the Account
hereto Annexed. \^Passed October 8.

CHAPTEK 91. S»the

Council, xix.,

ORDER FURTHER REFERRING THE PETITION OF GOV^ BELCHER FOR ArchWesT*
A CHANGE OF VENUE IN A TRIAL OF TITLE TO LAND. xlvi.,il6.

* House Jour-

Ordered that the Consideration of this Petition [aw^e, p. 402, ^n<e^ p'. di, '
chap. 353] be further referd to the second Wednesday of the next chap. 7.
Sitting of this Court. [Passed October 9.

CHAPTER 92. S'a%he

Council, xix.,

VOTE FOR A PUBLICK THANKSGIVING. ArchivesTxiii.,

194.

Voted that His Hon'' the Lieu* Governour be desired with the ^^^f^j^gg xui
Advice of His Maj*^^ Council to appoint a Day of publick Thanks- 195. Love's
giving to Almighty God in Consideration of the many Mercies re- Thanksgiving
cieved in the course of the Year past, and that all Servile Labour En^f^nd^^^^
be forbidden on said Day.' [Passed* October 9. p. 496. House

•^ ^ Journal, p. 90.

CHAPTER 93

ORDER WITH STAY OF EXECUTION, ACCEPTING THE REPORT OF THE
COMMITTEE ON THE PETITION OF THE INHABITANTS OF DOUGLASS
FOR A NEW TRIAL IN REGARD TO THE BOUNDARY.

A Petition of the Select Men of the Districts of Douglas, shew- Legislative
ing that they are complained against at the Court of General Sessions counctf xfx!^^
of the Peace for the County of Worcester for not perambulating the 235,241.' Mass.
dividing Line, between the said District & the Town of Uxbridge & tmtllst
for as much as they did their Duty in the Affair. Therefore praying m^^^^
that the Judgment of said Court obtained against them may be sett xiiii'^*23o'

aside, House Jour-

The Comm*®^ to whom was refer'd the foregoing Petition, having proVmce^'^^'
heard the Parties thereon & Considered the Same, report that the ^ifapf'is!""' ^^'
Prayer thereof be so far granted as that the Petitioners have a Trial
of the Cause within mentioned, at the next Inferiour Court of Com-
mon Pleas, to be holden for the County of AYorcester, to all Intents,
as if the appearance on their Behalf had been deemed good, & that
Execution on the Judgment within mentioned be stayed in the mean
time, Provided the Petitioners give Security to the Sherriif of the
County of Worcester to pay what shall be finally recovered against
them on said Trial.

JoHK QuiNCY p order

» The Thanksgiving was appointed for November 1, 1750, and was public.

446

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 94, 95.]

Eead and

Ordered That this Eeport be and hereby is accepted, and the Pet"
are allow'd to have a trial of the Cause withinmentioned, at the next
Inf Court of Common Pleas to be holden within and for the County
of Worcester, to all Intents and purposes as they might have had if
the Appearance on their behalf had been deemed good ; and the Jus-
tices of the Said Court are impowered and directed to hear and try
the Said Cause, enter up Judgment and award execution thereon pur-
suant to Law ; and that execution on the Judgment within mentioned
be Staid in the mean time ; Provided the Pet" give Sufficient Security
to the Sheriif of the County aforesaid to pay what Shall be finally
recovered of him on the Trial.' [Passed October 9.

CHAPTER 94.

ORDER GRANTING TO GEO. TILLEY LICENCE TO RETAIL STRONG DRINK.

Legislative
Records of tlie
Council, xix.,
305. Mass.
Archives,
cxix., 482.

Mass.
Arcliives,
cxix., 481.
House Jour-
nal, p. 85.

A Petition of George Tilley of Boston setting forth his great
Disappointments & Losses in his Bussiness, & praying that the
Court of General Sessions of the Peace for the County of Suffolk
may be impowered at their present Session to grant him a Licence
to retail strong Drink,

Read and

Ordered That the Prayer of the Petition be granted and the Jus-
tices of the General Sessions of the Peace for the County of Suffolk
are hereby impowered, at their present Sitting, (upon the pet" pro-
ducing the recommendation of the Selectmen of Boston) to license
him for the purpose within mentioned; the time by Law appointed
for granting of Licences being lapsed notwithstanding. [Passed
October 9.

CHAPTER 95.

ORDER GRANTING TO RICH"^ SMITH LICENCE TO KEEP A TAVERN.

Legislative
Records of the
Council, xix.,

305. Mass.
Archives, cxi.,
203.

Mass.

Archives, cxi.,
202. House
•Journal, p. 85.

A Petition of Richard Smith of Boston Inholder praying that
this Court would impower the Court of General Sessions of the
Peace for the County of Suffolk to grant him a Licence to keep
a Tavern in the House in Kings Street in the Town of Boston,
known by the name of the Crown Coffee House.

Read and

Ordered that the Prayer of the Pet'' be granted and the Justices
of the Court of General Sessions of the Peace for the County of
Suffolk be and hereby are impowered, at their present Sitting (upon
the Petitioners producing the approbation of the Selectmen of the
Town of Boston) to licence Him for the purpose mentioned in the
petition. [Passed October 9.

' At the final hearing April 9, 1751, this petition was dismissed,
of the Council, xix., 320; House Journal, April, 1751, p. 203.

•Legislative Records

[2d Sess.] Province Laws {Resolves, etc.). — 1750-51. 447

CHAPTEK 96.

ORDER IMPOWERING WILLIAM RAND, GUARDIAN, TO SELL AN ESTATE.

A Petition of William Rand, Guardian to William Rand Penny- Legislative
man, James, Mary & Joanna Penny man, Minors, shewing that there councn^ xix!*^
is a House & Land in the Town of Boston belonging to the said 24l Mass.
Minors, which is under Mortgage & other Incumbrances, therefore xviii., 679.

praying that the Petitioner may be impowered to make Sale of the Mass.
said House & Land for the Bennefit of said Minors & the Widow ^i^^^*^,?-'

-Will., 6/,.
Read and House Jour-

Ordered that the Pef be and He hereby is allowed and impowered Province '
to make Sale of the House and Land herein mentioned for the most ^^ap%o"' ^^^'
it will Sell for He Observing the directions of the Law of the Prov-
ince respecting the Sale of Real Estates, and giving Security to the
Judge of Probate for the County of Suffolk, that after the Execu-
tion within mentioned of Sixty four pounds three shill^^ and four
pence Sterling is discharged ; the Overpluss of said Sale [to] ' be
Secured for the Use of the Widow and Minors. [^Passed October 9.

CHAPTER 97.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS, ON THE PETITION OF
JOHN & SARAH LIDDEL FOR A NEW TRIAL OF A CAUSE.

A Petition of John Liddel & Sarah his Wife (as she is Execu- Legislative
trix of the last Will & Testament of John Franklyn dec-^) setting ^^S x'x^''
forth the State of their Controversy in the Law with Bartholemew ^^•j^-'^^'*,^®-
Chever, Administrator de bonis non, of Henry Franklyn dec*^ as xvin., 409.
in their former Petition, And praying that they may have another Mass.
Trial on the Merrits of their Cause, & that all proceedings upon a xvfii"^40®4^09.
Writt of Scire facias taken out against them by said Chever, may House Jour-
be stayed in the mean time Anie'-p.if>\

Read and . TiiflL,..

Ordered that the Pef serve Bartholomew Cheever within named 248.
with a Copy of this Pe*° that He shew cause on Fryday the 12*''
Curr' 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 And all Proceedings in the Law are Stayed in the mean
time. [Passed October 9.

CHAPTER 98.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
JNO MATHEWS FOR A NEW TRIAL OF A CAUSE.

A Petition of John Mathews of Rehoboth, complaining of a Legislative
Judgment of the Inferiour Court of common Pleas, for the County counc'if, xk*^,^
of Bristol, in chancering a Bond given by the Petitioner to Japhet 239.

» Inserted from Legislative Records of the Council, xix., 242.

448

Province Laws (Besolves, etc.). — 1750-51. [Chaps. 99, 100.]

Mass.
Archives,
xliii., 233-239.
House Jour-
nal, p. 89.

Bicknel, praying that he may have another hearing before the said
Court, that so the Bond may be chancerd to the Just Debt & Dam-
ages, and that Execution against the Petitioner may be stayed in
the meantime

Eead &

Ordered that the Petitioner serve the adverse Party with a Copy
of this Petition, that he shew Cause if any he hath, on the first
Friday of the next Sitting of this Court, why the prayer thereof
should not be granted & Execution mentioned is stayed in the mean
Time, Provided, the Petitioner give Security to the Sherrifi of the
County of Bristol, to satisfy the present Judgment, in Case the
Prayer of the Petition shall not be granted, or otherwise to pay
such Sum as shall finally be recovered. [Passed October 10}

Legislative
Records of the
Council, xix.,
242. Mass.
Archives, ex v.
669.

CHAPTER 99.

ORDER REFERRING THE PETITION OF CPT. JN" WENDEL IN REGARD

TO A BOUNDARY LINE.

Mass.

^^'^House^^' On the Petition of Capt John Wendell, {ante, p. 423, chap. 37]
JgO™>/W-^i, Ordered \hdX the Consideration of this Affair be refer'd to the
p.'423, chap. 37. secoud Tucsday of the next Sitting of this Court. \_Passed Octo-
ber 10.

CHAPTER 100.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF THE INHABITANTS OF SPRINGFIELD TO BE ERECTED INTO
A NEW PARISH.

Legislative
Records of the
Council, xix.,
243. Mass.
Archives, xiii.,
132.

Legislative
Records of the
Council, xix.,

189,238. House
Journal, pp. 18,
19, 86, 97.
Ante, p. 296,
chap. 87.

The Committee on the Petition of sundry Inhabitants of Spring-
field, praying to be erected into a distinct Parish, report as their
Opinion, that the first & second Parishes in Springfield shall allow
the Taxes to^be imposed on said Petitioners for Parish Charges for
the space of five Years next to come, for the Support of Preaching
in the difficult Seasons of the Year, & towards building the proposed
Meeting House, as said Petitioners shall appropriate the same. But
in Case said first & second Parishes in Springfield shall not agree to,
& to all Intents & purposes comply with the above report, Then we
are of Opinion, the Prayer of said Petitioners be so far granted as
that they be sett off & erected into a distinct Parish, according to
such Limits as this Court shall hereafter direct & ordain All

which is humbly submitted, ^ John Greenleaf ^ order.

Read &

Ordered that this Report be Accepted. [Passed October 10.

' This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is October 8.

[2d Sess.] Province Laws (Besolves, etc.). — 1750-51. 449

CHAPTER 101.

ORDER GRANTING THE PETITION OF DAN'- HIGBEE IN REGARD TO THE
CONVEYANCE OF LAND OF ONE BEYOND SEA.

A Petition of Daniel Higbee of Rochester shewing that he gave Legislative
one Alden Sprague a Deed of his Homestead Farm, for securing the councif xix^^
Payment of One hundred & ninety five Pounds Okl Tenor, & took 243. Mass. ''
a Bond of him for reconveyance of the Same, upon the Petitioner's xvm.^ew)'.
Paying the said Sum at the Time agreed, which the Petitioner paid House Jour-
accordingly to Capt Noah Sprague (Father to the said Alden, who nai, pp. 82, 83,
was then beyond Sea) two Years ago; and forasmuch as the said
Alden is still beyond Sea, if living, therefore, praying that the said
Noah Sprague, or some other meet Person may be impowered by
this Court to convey said Land to the Petitioner

Read and

Ordered that the Prayer of this Pet" be granted and that Cap'
Noah Sprague be directed and impowered to reconvey the land
herein mentioned.

Voted also that the said Sprague give Security to the Judge of
Probate for the County of Plymouth ; to account with the said Alden
Sprague if living; or with His Heirs if Dead; for the Money He
recieved on Account of the Mortgage herein mentioned. [Passed
October 10.

CHAPTER 102 Legislative

^ ^^'tX.J. J.J-JJ^ l.\J n . Records of the

Council, xlx.,

944 TVffms

VOTE IN REGARD TO THE MANNER OF EXCHANGING PROVINCE BILLS Archives, cil.,

FOR SILVER. 538.

Mass.

Voted that the Committee appointed to recieve the Province Bills ^xxxvi^^'m-
in exchange for Silver &c be directed after the 22*^ of this Instant i23- House
October to Sitt but three days in a Week Viz' Tuesday Wednesday Ante^v.'m,
and Thirsday, And that they give Notice of this Order in the pub- p^l^e.'^^ip.
lick Prints accordingly. [Passed October 10. sis.

CHAPTER 103.

ORDER REVIVING AND REFERRING THE PETITION OF JOSEPH & LYDIA
RUSSELL, ADMINISTRATRIX, TO SELL A PORTION OF AN ESTATE TO
PAY DEBTS.

A Petition of Joseph Russell & Lydia his Wife, late Widow of Srlsof the
Nathaniel Gerrish of Berwick in the County of York Dec*^ & Ad- council, xix.,

minist^ on his Estate, shewing that by her late Husbands Admin- ^k^^i

istring on the Estate of his Father Nathaniel Gerrish Esq^ Dec^ He Archives,
had rendered his own Estate Insolvent ; And therefore Praying for xviii., 735-741.
Liberty from this Court to sell so much of the real Estate of the nai, p. 93.
said Nathaniel Gerrish the Father, as will be necessary to pay off ^Jap. 31.^^'
the just Debts due from the same

Ordered that this Petition be revived & the Consideration thereof
is further refer'd till the second Friday of the next sitting of this
Court. [Passed October 10.

450

Prov^ince Laws {Resolves^ etc.). — 1750-51. [Chaps. 104—107.]

CHAPTER 104.

VOTE IN REGARD TO PRESENTS TO EASTERN INDIANS.

Krds'of the yoted that if a Conference be had with any of the Eastern
Council, xix., Indians in the Recess of the Court, That His Honour the Lieuten'

?^i- — ■_ Gov"" be desired with tlie Advice of the Council to make them (if

Records^of the ^^^^y judge Convenient) suitable Presents, not exceeding the Sum
Council, xix., of One hundred Pounds. ' {Passed Octoler 11.

CHAPTER 105.

VOTE IMPOWERING THE TREAS« TO GIVE RECEIPTS FOR MONEY

BORROWED.

Legislative
Records of the
Council, xix.,
244. Mass.
Archives, cii.,
541.

House Jour-
nal, p. 99.
Province
Laws, ili., 513,
chap. 1; 531,
chap. 9.

Whereas the Treasurer has not yet borrowed the whole Sum of
£5,000 provided for by [the] ^ Supply Act in last May Sessions And
as by the said Act the Lender was not entitled to his Interest untill
the principal Sum became payable, viz' On or before the 10"^ of
June 1752,

Resolved, That the Treasurer be & he hereby is impowered &
directed to give his Receipts of the like Form & Tenor as those
prescribed in. the Supply Act pass'd this present Session to such
Persons who shall lend the remaining Part of the said Sum of
£5,000, And that he be likewise impowered and directed to give
Receipts of the like Form & Tenor to all those who shall desire
the same that have already furnished him with Money in Conse-
quence of the said first Act, in Exchange for the Receipts he has
already given them. \^Passed October 11.

CHAPTER 106

Legislative
Records of the
Council, xix.,
245.

House Jour-
nal, p. 83.

ORDER REFERRING ALL UNFINISHED MATTERS.

Ordered that all Matters now lying, or that shall ly before this
Court, the present Sitting & not pass'd upon be referr'd to the next
sitting of this Court. {Passed October 11.

CHAPTER 107.

VOTE APPROPRIATING £80 FOR THE SUPPORT OF MOHAWK INDIANS
AND FURTHER DIRECTING DIVERS COMMISSARY STORES TO BE SENT
TO THEM.

Legislative
Records of the
Council, xix.,
245. Mass.
Archives,
xxxii., 75.

Voted that the Treasurer be directed to pay to Cap' Josiah Dwight
and Cap' John Ashley or their Order the Sum of Eighty pounds to
be laid out by them in such things as they shall Apprehend best for

^ Not found in the House Journal.

' Inserted from Legislative Records of the Council, xix.

245.

[2d Sess.] Province Laws {Resolves, etc.). — 1750-51. 451

the reception Support and Education of any of the Mohawk Tribes Legislative
of Indians that shall come and settle at Stockbridge Also coundf, xix!!®

Voted that the Commissary be directed to Ship by the first oppor- "•^i*- ^f^^*^ J
tunity to New York one piece of Strouds Twenty Blankets and *''^^°'* ' ^"
Twenty Shirts Consigned to the said Dwight and Ashley to be
applyed by them for the present Comfort and Eelief of the afores*^
Indians. The s'' Dwight and Ashley to be accountable to this Court
for their doings herein. [^Passed October 11.

CHAPTER 108.

VOTE APPOINTING A COM'^'^^ TO ASSIST THE TREAS" IN BORROWING Legislative'

MONEY. Records of the

Council, xix.,
245.

Voted that John Wheelwright & Andrew Oliver Esq^ be a Comm*''® m&sb.
to assist the Treasurer, in borrowing the Money it is proposed the ^J^^^S®^' *'"■>
Treasury should be supplied with, in the Supply Act lately pass'd Journal, p-9t.
this Court. [Passed Oct oher 11. V^^'^m.,mi,

chap. 9.

CHAPTER 109.

ORDER FOR TAK« A PLAN OF Y« EASTERN PARTS.

Whereas the Plan presented to this Court by M'' Richard Hazzen Legislative
extends no further East than Saco River; and it is judg'd necessary counctf xix^^
that the whole of the late Province of Maine, & also that Part of 245. Mass. '
the Province which lies beyond the Province of Main as far as S* 92!*^ *^^^' ^^'*
Croix, or as far as conveniently may be effected, be particularly House Jour-
delineated & described in the most accurate manner possible, nai,pp.97,98,

Voted that his Hon'' the L* Governor with the Advice of the Coun-
cil be desired to appoint some proper Person to prepare a Plan ac-
cordingly of those Land[s] which lye as af ores'' East of said Plan
already presented by M'' Hazzen. [Passed October 11.

CHAPTER 110.

ORDER ACCEPTING THE REPORT OF THE COM^^^ ON THE LAND BANK

AFFAIR.

The Comm'^'^'' appointed to consider the Petition of John Brown Legislative
& others, having attended the Service, «& heard the Directors & councif xfi!*^
Partners in the Land bank Scheme, report as follows that it ap- 245.
pears to the Comm'^^ that it is Convenient & necessary that the House Jour-
Accompts between the Directors & Partners, should be adjusted "Iprii, 1750) ;
before any further Assessment be approved by this Court. That ^^^u'^^'^'
it appears that a considerable Part of the Companys Books & the chap'. 57.
Books of Trade have been saved out of the late Fire That the

Commissioners be required to State the said Directors Accompts from
the said Books or any other Papers, that may have been preserved,
in the best Manner they can, and that they likewise require the

452

Province Li aws (Hesolves, etc.) . — 1750-51. [Chaps. Ill, 112.]

Surviving Directors, & the Representatives of those that are Dead,
to render an Account of the several Sums that have been received
& paid by them, That the Commissioners be directed to \aj

before this Court the Exact State of said Bank, when they first
undertook their Trust so far as they are Capable That said

Commissioners be likewise directed to lay before the Comm""" an
Accompt of all the Money they have received & paid, in Conse-
quence of the Act of the General Court impowering them to settle
the Affairs of the said Company That they be directed to attend
those Affairs in the Recess of the Court to be prepared against the
first day of their next Sitting, in Order to the Comm'^^' further Con-
sideration & report upon the Bussiness assigned them.

All which is humbly submitted

By Order of the Com''"'' J. Quincy

Read &

Ordered that this Report be accepted. [Passed October 11.

CHAPTEE 111

ORDER ALLOWING £2. 13. 4 TO SETH DAVIS.

Legislative
Records of the
Council, xix.,
246. Mass.
Archives,
Ixiv., 401.

Mass.
Archives,
Ixiv., 400.
House Jour-
nal, pp. 98, 99.

A Petition of Seth Davis, setting forth his Services as Pilot of
the Province Sloop in a Voyage from Boston to New York & back,
in the Year 1748. for which he has yet had no Satisfaction, pray-
ing for a proper allowance for the Same,

Read and

Ordered that the Sum of two pounds thirteen Shil's^ and four
pence be allowed the Pef out of the publick Treasury in full con-
sideration for the Service within mentioned. [Passed October 11.

CHAPTER 112

ORDER ALLOWING £100. 4. 7 TO RICH^' GRIDLEY, ESQ".

Legislative
Records of the
Council, xix.,
246. Mass.
Archives,
Ixxiii., 713.

Mass.
Archives,
Ixxiii., 712-714.
House Jour-
nal, pp. 96, 98.
Province
Laws, xiii., 465,
chap. 1.

A Memorial of Richard Gridley Esq' shewing that he served in
the late Expedition against Cape Breton as Captain of Artillery, &
after the Death of M"" Roller, he succeeded him as first Bombardier,
which Office he discharged faithfully, that the Comm'""" of War struck
off his Wages as Bombardier, purely because he held the other Office,
and forasmuch as this Government have been allowed for the Wages
aforesaid, praying that he may have the Benefit of such allowance
for his Service aforesaid

Read and in Answer hereto

Ordered that the Comm'''' of War be directed to pay the Memo-
rialist the Sum of One hundred pounds four Shillings and seven
pence New tenor or Lawful Money equivalent thereto in full Con-
sideration of the Musterrolls within mentioned. [Passed October 11.

[2d Sess.] Province Laws {Resolves, etc.). — 1750-51. 453

CHAPTEK 113.

ORDER ALLOWING £L3. 6. 8 TO RICHt> HAZZEN.

Ordered that Richard Hazzen be allowed out of the pnblick Treas- Legislative
ury the Sum of thirteen pounds Six Shillings & Eight pence for his counc*if xix!*^
Service in taking a plan of the Boundaries of the British Colonies 246. Mass. '
of America, and to Enable him to draw a Correct Duplicate to be 542. ^ ^' '
Sent to Great Britain. \^Passed October 11. House Jour-

nal, pp. 97, 98.
Ante, p. 451,
chap. 109.

CHAPTER 111.

ORDER DIRECTING THE COMMITTEE APPOINTED, TO REPORT ON THE
PET^ OF MESS"^ GREEN & WALKER &c. TO BUY LAND.

On the Petition of Joseph Green, Isaac Walker & Thomas Legislative
Bulfinch, praying that they may have Leave to purchase of the councn^ xix!^^
Province about Six Thousand ' Acres of the unappropriated Land, at". Mass.
lying west of a Tract of 8,575 Acres of Land belonging to the Peti- 529. '
tioners (which six thousand Acres is laid out North West of Deer- Mass.
field) in Order to Compleat a Settlement they propose to make. MT^'^House^'"'

Read and Journal,

• xsw 171 17^

Ordered that this Pet° be revived and that the Committee above- (.January,
mentioned '^ be directed to Report agreable to the Order abovewritten. i'^*^^-
[Passed October 11.

CHAPTER 115.

ORDER THAT THE EXPENSES OF THE COMMITTEE ON THE NEW PRE- Legislative
CINCT ERECTED OUT OF NEW BRAINTREE AND PARTS OF HARDWICK Records of the
AND BROOKFIELD BE PAID BY THE INHABITANTS THEREOF. ^7" Mas's!'^''

Archives, cxv.,

[On THE PETITION of the Committee appointed on the affair of —

the new precinct set off from New Braintree and Hardwick,] Archives cxv.

Ordered that the Inhabitants of the Precinct above mentioned 693. Ante,
be directed to Pay the Expences of the Committee Who reported ^' '^ ^^•
as within mentioned.^ [Passed October 11.

CHAPTER 116.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION
OF SAMUEL STEVENS IN REGARD TO THE LAND BANK SCHEME.

A Petition of Samuel Stevens of Roxbury one of the Partners Legislative
in the late Land Bank, Complaining of cruel Exactions made upon coundf, xix!!^
him for the Payment of the Land Bank Notes, by which he is in i63, 247.

' The House Journal, p. 173, reads, "ten Thousand."

^ The following passed the House of Representatives on January 18, 1749, but went no
further : —

" Ordered that this Pet" be Committed to the Gentlemen app'^i^ Yesterday to lay out the
Lotts of a Township near Hoosuck to View the Land Petition'd for and report thereon." —
Mass. Archives, cxv., 529.

^ Not found in the House Journal.

454

Province Laws {Resolves, etc.). — 1750-51. [Chap. 117.]

Legislative
Records of the
Council, xix.,
163,164. House
Journal, pp. 15,
99. Ante,
p. 451, chap.
110.

danger of being utterly ruined in his Estate; Praying for Relief
from this Court.

The Comm'^'' to whom was refer'd the Petition of Samuel Stevens,
one of the Partners in the late Manufactory Scheme, having fully
Considered the same, report as their Opinion, that the Commis-
sioners appointed for finishing said Scheme, be directed forthwith
to apply the effects of such Judgments as they have recovered,
against any of the Delinquent Partners which Eemain not Sat-
isfied, for the Reimbursing to the Petitioner the Value of Three
hundred Pounds, Manufactory Bills, which were lodged by M'
Nathaniel Martyn in the Clerks Office of the County of Suffolk,
& by the said Commissioners received & burnt, & which the Peti-
tioner was obliged to redeem, after he had paid Sixty three Pounds,
two shillings & six pence Manufactory Bills, & One hundred & fifty
Pounds Common Currency, over & above the proportion of the Com-
panys Bills he took out which is humbly Submitted

J. Ql'incy ^ order.

Read &

Ordered, that this Report be & hereby is accepted, & that the Com-
missioners conform themselves accordingly. \^Passed October 11.

CHAPTEE 117

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE COM-
PLAINT OF THE HOUSATANACK INDIANS.

Legislative
Records of the
Council, xix.,
248. Mass.
Archives,
xxxii., 78.

Mass.
Archives,
x.xxii., 76.
Legislative
Records of the
Council, xix.,
222, 225. House
Journal, p. 98.
Ante, p. 326,
chap. 164.

The Comm'^'"' appointed on the Petition of sundry Indians of the
Town of Stockbridge, report as follows viz* That the Sixty

Acres of Land (first mentioned in said Petition) lies in the Second
Division of Land in said Town, & next adjoining to Coll° Ephraim
Williams's Home Lot, & was allowed to be laid out, to the English
by a Comm"''' of the General Court (whose Report was accepted)
as part of their Right & partly in right of one Browne, Tliat the
Indians Avere encouraged to expect by the first Comm'^'' of said
Town, to have their proportion of the second Division Lands, near
& next to the English Settlers Home Lotts, The Indians being
uneasy because the English Settlers had so much in said Lots near
the Meeting House. The Comm*'^'^ further observe tliat the said
Sixty Acres of Land was assigned to the Indians by the Rev*^ M""
Sargent & M'' Woodbridge, with Promises that it should be con-
firmed to them, & thereupon that the Indians laboured many days
in clearing & fitting for Improvement said Sixty Acres as set forth
in their Petition, However the Comm'"" find that the said Sixty
Acres of Land is scituated betwixt two Tracts belonging to CoP
Williams, viz' his House Lot & another Lot in the second Division,
& therefore it Avould be inconvenient for said Williams not to have
it; The Indians are willing said Williams should enjoy it, provided
he will convey to them Some Meadow Lands scituate in the midst of
their Settlements, viz' about eight Acres, to satisfy for their Trouble;
Labour & disappointment respecting said Sixty Acres. As to

the Thirty Acres laid to Col° Williams as a Mill Lot, the Comm'""
observe that said Thirty Acres is part of the Lands belonging to
Capt Kunkapot, by Exchange of Lands he held in Sheffield some
Miles below, This Exchange was transacted by the first Comm"',

[2d Sess.] Province Laws {Resolves, etc.). — 1750-51. 455

notwithstanding which, the Comm""" of the General Court in 1749
(whereof Oliver Partridge Esq"" was Chairman) assigned said Lands
to Col" Williams as part and parcel of his second Division, at which
said Punkapot ' is very uneasy, not having received Satisfaction, nor
is he willing to part with it on any Terms.

As to the other Tract viz Two hundred & forty Acres, the Comm*^*
observe that it is part of a large Tract j)urchased by M"" Woodbridge
& some Ministers in the County of Hampshire, of one Joachin Van
Yalkenburg a Dutchman, & by tliem relinquish'd for the Benefit
of the Indians in Stockbridge, and accordingly granted to them by
the Governm', The Government granted to the said Woodbridge &
the others a large Tract of Lands elsewhere as an Equivalent there-
for. That CoP Williams & M"" Woodbridge took said two hundred
& forty Acres, which was granted & confirmed to Col" Williams by
the General Court.

After the Comm'™ had fully heard the Parties, an Accommoda-
tion among themselves of the Matters in Controversy was proposed,
The Comm^'^'are therefore of Opinion, that they have an Opportunity
allowed them of so doing untill the next Session of the Court, & that
the Terms of Accoinodation be then transmitted for the Approbation
of this Court, and the Comm*'^'' ask Leave to sit again at that time
to make further Report

Jaco? Wendell by Order.

Eead &

Ordered that this Eeport be Accepted. \^Passed October 11.

CHAPTEK 118.

ORDER DIRECTING THE COMMISSARY GENERAL TO SEND SUNDRY
MATERIALS FOR REPAIRS TO FORT RICHMOND.

His Honour the Lieutenant Governour communicated to Legislative
both Houses a Letter from Capt William Lithgow Commander of Records of the

T~* ' 1 1 x^ • (* ill T~* • IT c-ouncii, XIX.,

Kichmond l^ort, setting forth the Kepairs necessary to be made -248. Mass.
there, and desiring Orders about it, & that divers things may be bcxin^.Ing.
sent him necessary for effecting said Repairs masb.

Ordered tliat the Commissary General be directed to Send to Fort ^jcwves,
Richmond Ten thousand Shingle Nails Two Hundred Board Nails House Joiir-
and Twenty pounds of Deck Nails and procure the other Materials °^^'P-^'^'
mentioned in order to repair said Fort. \^Passed October 11.

CHAPTER 119.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE SHIP
MASSACHUS^s FRIGATE.

The Comm'^^'^ appointed the 37'*' of January last, to carry the Vote Legislative
of the Court respecting the Ship Massachusetts Frigate, into Exe- councif xix"^^
cution do report, viz' On the Application of M"" Samuel Wentworth 249. Mass.* '
for himself & the other Petitioners, the Comm""^ allowed them to ix^v.,'405.'

* Mass. Archives, xxxii., 77, reads, "Kuncapott," underlined.

456 Province Laws {Resolves, etc.). — 1750-51 . [Chap. 1 19.]

Mass. take the Ship into their Possession, And the Petitioners gave Orders

ix^v.,'Io4; ixv., for the Ship being removed from M"" Hntchinsons Wharf to the
jo1rna?p"i7 graving Yard & from thence to Clark's AVliarf: That the

(June, 1749) ; Comm"'' applied to M"" Secretary for a "Warrant of Apprizement
uaryt 1749°; to be made ont to Richard Bill Esq'' M"" JefEry Bedgood, & M""
^H>e^/*358 Stephen Boutineau, for apprizing the Ship, & acquainted IVP Sam-
chap'. 236; ' uel Wentworth of it, Avho well approved of said Gentlemen & as
p. • ,c ap. . g^Qj^ .^g ^YiQ Warrant was obtained, it was given to Richard Bill
Esq"" & he with the other Gentlemen desired to proceed thereon,
as soon as possibly they could & make Return into the Secretarys
Office. The Comm'''^ in the mean time employed a Scrivener

to draw a proper Instrument for the Petitioners to execute to the
Treasurer of the Province, agreable to the General Courts Direc-
tions & when it was done, was given to M'' Wentworth for himself
& the others concerned with them, to look over, who in some Days
after returned the same & said they approved of it, & were ready
to Sign it, when it was drawn fair, & the Comm*^" sent to Mess"
Winslow, Wentworth & Gunter to come to the Court House & exe-
cute said Bond, which they did, but some of the Comm'™ was just
then so engaged in the publick Affairs, that they could not go down
immediately, when Notice was given that they were attending, but
:■> did as soon as possibly they could go down to them, when M'' Gunter

was gone, & JVP Winslow & M"" Wentworth said, if we would give
them the Bond, they & M"" Gunter would execute it, & return it to
Jacob Wendell Esq' & they were asked for it by him, but never
returned it according to their Promise, but some time in May told
him, they designed to petition the General Court for granting a
further time to perform the Voyage into Ireland accordingly they
did put in their Petition the 7*^' of June, & it pass'd the Court &
was granted the 29*^ The Comm"'^ some Days after got a Copy

of the Court's further Grant to them, which was sent to them, &
thereon they gave their Answer in Writing the 24*'' of July, that
they did not accept thereof : but they have had possession of the
Ship ever since they first gave Capt Bennet Directions to remove
her from M"" Hutchinsons Wharff, untill the 27*'' of August, wlien
the Lieuten' Govern"' & Council gave Directions to the Comm"''" to
take Care that she be Caulked,

Jacob Wendell p Order

Read and Accepted. [Passed October 11.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 457'

RESOLVES. ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Tenth Day of January, A.D. 1750.

CHAPTER 120.

ORDER GRANTING TO THO^ SPRING LICENCE TO KEEP A TAVERN.

A Petition of Thomas Spring of Weston, setting forth the com- Legislative
modious Scituation of his House for an Inn, & the Approbation of coundf x*ix^^
the Select Men of said Town, & praying that the Court of General 255. Mass. '
Sessions for the Peace for the County of Middlesex may be impow- 211. ^ ' " '
ered at their next Term to grant him a Licence Mass

Read and m'^EsT''

Ordered that the Justices of the Gen' Sessions of the Peace for Journal, p. 107.
the County of Middlesex be and they hereby are allowed and im-
powered to grant the Pef a Licence to keep a house of publick
Entertainment (if they See cause) at their next Session, the time
for granting Licences being elapsed notwithstanding. \^Passed Jan-
uary 11.

CHAPTER 121.

ORDER GRANTING TO OLIVER COLBURN LICENSE TO KEEP A TAVERN.

A Petition of Oliver Colburn of Dunstable, Shewing forth the Legislative
great Want of a House of publick Entertainment, on the Road cmmif, x*ii^f
where he lives & his commodious Scituation for the Bussiness, '^l^- J'^^l^\^
praying that the Court of General Sessions of the Peace for the 214.
County of Middlesex, may be impowered to grant him a Licence House Jour-
at their next Term '^'^'> ?• ^*^^-

Read and

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Middlesex be and they hereby are allowed and im-
powered to grant the Pef a Licence to keep a House of publick
Entertainment (if they See cause) the time for granting Licences
being Elapsed notwithstanding. \^Passed January 11.

458

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 122-124.]

Legislative
Records of the
Council, xix.,
256. Mass.
Archives,
Ixxxvii., -293.

Mass.
Archives,
Ixxxvii., 291.
House Jour-
nal, pp. 104, 109.
Ante, p. 385,
chap. 312.

CHAPTER 122.

ORDER ALLOWING £21. 13. 4 TO THE SELECT MEN OF BOSTON.

A Petition of the Select Men of the Town of Boston, shewing
that in pursuance of the Order of this Court they have purchased
a Boat for the Use of the Hospitall upon Eainsford Island, that
they were obliged to lay out more Money in the Purchase than was
allowed, & that it will be necessary to make some Convenience in
the said Boat, for the safe Conveyance of sick Persons, praying for
a further Allowance from this Court for the same

Eead and

Ordered that the Sum of twenty one pounds thirteen Shillings
and four pence be paid out of the ]3ublick Treasury to the Memo-
rialists, in Order to Compleat the payment for the said Boat, and
to make the necessary Conveniencies for the more safe and com-
fortable conveyance of Sick Persons to the Hospitall. {^Passed
January 15.

Legislative
Records of the
Council, xix.,
257. Mass.
Archives, cxi.,
213.

Mass.

Archives, cxi.,
212. House
Journal, p. 110.

CHAPTER 123.

ORDER GRANTING TO DAN^- LOCK LICENSE TO KEEP A TAVERN.

A Petition of Daniel Lock of Acton in the County of Middle-
sex, shewing that he is now in possession of a House in said Town,
which for many Years past has been the only Inn on the Eoad
between Concord & Groton, & well Scituated for that Bussiness,
therefore praying that this Court would impower the Court of
General Sessions of the Peace of said County to grant him a
Licence

Read and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Middlesex be and they hereby are allowed and im-
powered at their next Session (if they See cause) to grant the Pef^
a Licence to keep a House of publick Entertainm^

The time for granting Licences being elapsed notwithstanding.
\^Passed January 15. '

CHAPTER 124

VOTE ACCEPTING THE REPORT ON THE DECLARATION OF ELISHA

DAVIS.

Legislative
Records of the
Council, xix.,
257. Mass.
Archives,
Ixxiii., 731.

Mass.
Archives,
Ixxiii., 729.

The Committee to whom was refer'd the Consideration of the
Report brought from Louisburg by M'' Elisha Davis, that on the
13*'' of December last, tliere were three Vessells fitting out there,
with Arms »& Ammunition for a Considerable Number of French
& Indians, at Chikanecto, in order to cut off & destroy the Eng-
lish there this Winter, having attended the Bussiness are of Opin-

* This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 16.

rp)i) Se88.] Province Laws (Besolves, etc.). — 1750-51. 459

ion, That His Honour the Lieut*^ Governour be desired as speedily Legislative
ixs possible to inform Govern^ Cornwallis of the Same Councu' xix!!*"

All which is humbly submitted journ^?,Tii4.

John Wheelwright <j? order

Read and accepted. [Passed January 16.

CHAPTER 125.

ORDER GRANTING TO THO^ FAIRBANKS PERMISSION TO SURVEY AND
LAY OUT 250 ACRES OF LAND.

A Petition of Thomas Fairbanks, shewing that he purchased Refords'of^the
a Grant of two Hundred & fifty Acres of Land, granted to his Council, xix.,
Father Jabez Fairbanks by this Court in 1737.' That the Petitioner ArcMv^es?'
got the said Land laid out by a Surveyor & Chainmen on Oath, ^^^'•- ^^-
adjoining to Paquoiag, that afterwards in runing the Bounds of ^^*^:^gg
the Township of New Salem, this Land, saving twenty or thirty xivi., 234,'236.
Acres thereof, was included in said Township, Therefore praying Su^JpA'oG^^iis.
for Liberty to lay out his Grant in some other Place La^s^xii '500

Read and chap. 58.

Ordered that the Pef have liberty by a Surveyor and Chain Men
under Oath to lay out two hundred and fifty Acres of Land (includ-
ing the land that was unappropriated in the first laying out) to Sat-
isfye the Grant made by this Court to His Father Jabez Fairbanks
in the Year 1737, which was before taken up by the Line of New
Salem, (so called.) The said Pef to return a Plat thereof to this
Court within Six months from this time for confirmation. [Passed
Jamiary 16.

CHAPTER 126.

ORDER IMPOWERING SARAH PRINTER & ABIGAIL ABRAM, INDIANS, TO

SELL LAND.

A Petition of Sarah Printer & Abigail Abram, Indians of Graf- Rlforls^of the
ton shewing that they have Contracted considerable Debts by Means Council, xix.,
of Sickness & Accidents whereby they have been disabled, praying Archives,^'
that they may be allowed to sell so much of their Land in Grafton, xxxii., sl
as will discharge said Debts Archives

Which Petition was accompanied by a Certificate of the Grafton xxxu., so.
Indians Trustees signifying their Opinion of the reasonableness of na^p^ m!^'
the prayer of the said Petition EawS-.s^e.

Read & chap. 227.

Ordered that the Prayer of the Petition be granted k that the
Pet" be & hereby are allowed & impowered (with the Advice &
Assistance of the Trustees of the Indians) to make Sale of so
much of their Land in Grafton, as will be sufficient to pay their
just Debts, & that the said Trustees be accountable to this Court
for the Proceeds of Said Lands. [Passed January 16.

1 A mistake for 1738, though the grant was asked for in 1737. See Province Laws, xii.,
500, chap. 58; also Mass. Archives, xlvi., 234.

460

Province La^xs {Besolves, etc.). — 1750-51. [Chaps. 127, 128.]

CHAPTER 127,

Legislative
Records of the
Council, xix.,
258. Mass.
Archives,
xviii., 703.

Mass.
Archives,
xviii., 704.
House Jour-
nal, pp. Ill,
112 bis.

ORDER IMPOWERING RUTH WHITTEMORE AND HER SONS TO SELL AN
INTEREST IN AN ESTATE.

A Petition of Ruth "Whittemore Widow of John Whittemore
late of Maiden dec*^ shewing that the yearly Income of one third
part of her late Husbands Estate being seven Acres of Land is
altogether insufficient for her Support in her old Age, & therefore
praying that she may be impowered to sell it, her two Sons having
signified their Consent to the said Suit

Read and

Ordered that the Prayer of the Pet" be granted, and that the Pef
Ruth with the Joynt Assistance of her two Sons Benjamin and Pela-
tiah have liberty to make Sale of the Interest of the thirds Avithin
mentioned for the most the same will fetch. They first giving

Security to the Judge of Probate for the County of Middlesex, that
the several Heirs after her Decease shall recieve their proportion of
said Sale according to Law. [Passed Jamiary 16.

Legislative
Records of the
Council, xix.,
259. Mass.
Archives, vi.,
94.

Mass.

Archives, vi.,
94. Legisla-
tive Records
of the Council,
xix., 257.
House .Jour-
nal, pp. 117, 118.
Ante, p. 337,
chap. 182.

CHAPTER 128.

ORDER ACCEPTING THE REPORT OF THE COM^ee aB^ THE CONTRO-
VERSY WITH CONNECT^ GOVERNM^ AND IMPOWERING MR. BOLLAN
AGENT TO PRESENT THE MATTER TO THE KING.

The Committee appointed the fifteenth Instant to consider what
is necessary to be done, relating to the Claims made by the French,
and also the State of the Controversy with Connecticut, have attended
the Bussiness & considered the first Atfair in part only, & desire leave
to sit again in order to report.

With respect to the Controversy with Connecticut, the Comm'^*
are humbly of Opinion that M"" Agent Bollan be forthwith directed
(in like manner as he has already been with respect to Rhode Island)
to make an humble Representation & Complaint to his Majesty against
the proceedings of the Government of Connecticut, in deviating from
their Solemn Agreement, & injuriously exercising Jurisdition & coun-
tenancing their Inhabitants in wresting the property from the Inhab-
itants of this Province those Lands which by said Agreement are
allowed to be & remain within this Jurisdiction or to be the Prop-
erty of the Persons to whom they Avere granted, & that the Secre-
tary transmit by the first Opportunity all such Papers as may be
necessary to support this Complaint, & that a Comm"'^ be appointed
to prepare said Papers accordingly. All which is humbly sub-

mitted. J. Chandler ^ order

Read & Accepted, & thereupon

Order\l that William Bollan Esqr Agent for this Province be &
hereby is impowerd & directed in behalf of the Province to make
humble Representation to his Majesty against the Government of
Connecticut for departing from their Agreement with this Govern-
ment both with respect to the Jurisdiction & Property of the Lands
allow'd to be within this Province or to belong to the Inhabitants
thereof & to pray his Majestys most gracious Orders thereon. [Passed
January 17.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 461

CHAPTER 129.

ORDER DIRECTING THAT JON'*^ PAGE BE SUPPORTED AT THE CHARGE

OF THE PROVINCE.

A Petition of Jonathan Page formerly a Soldier in the Service Legislative
of this Province, shewing that he is now by old Age & Infirmity coimcif xfx^^
of Body, reduced to extream Poverty, & not owned as an Inhab- ^eo. Mass.
itant of any Town in the Province, praying for releif & Support 377? '^^^' ^^"
from this Court. Mass

Read and .^75'''Hou'sr-

Ordered that the Pef be supported at the Charge of the Prov- Journal,
ince. And that the Select Men of Holliston be directed to take the ppi^^-ii^-
care of him, and that they lay their Accounts from time to time
before the Gov'^ & Council in order to be allowed. \_Pa8sed Jan-
uary 17.

CHAPTER 130.

ORDER IMPOWERING ESTHER STONE, ADMINISTRATRIX, TO SURVEY
AND LAY OUT 200 ACRES OF LAND.

A Petition of Esther Stone, Administratrix on the Estate of ^s'^'j"^?.^
Simon Stone, late of Lancaster, shewing that the said Simon, by council, xix.,
a Surveyor & Chainmen on Oath, laid out a Grant of Two Hun- Arcin^vesT
dred & twenty Acres of Land made to him by this Court, that since xviii., 698.
his Decease it appears that the said Survey interferes with the Lines Mass.
of the Town of Leominster, Therefore praying in behalf of the Heirs xvm.7697'.
of the Dec"^ that the said Grant may be laid out in some other Place. nai"pi/io9^no

Read and 117.' Province'

Ordered that the Pef be allowed by a Surveyor and Chain Men cifap!'i52!''
under Oath, to lay out two hundred Acres of Land (including the
land that was unappropriated in the first laying out) between Leom-
inster and Narragansett Number. 2. if there be a sufficient quantity
there, if not, in any other unapjoropriated Land in the Western parts
of the Province, adjoyning to some Township to Satisfie the Grant
herein mentioned. The said Pef to return a Plat thereof to this
Court, within Six Months from this time, for confirmation. \^Passed
January 17.

CHAPTER 131.

ORDER CONFIRMING A DEED OF LAND BY JOHN FRIZZEL TO CAPT.

DANIEL WARD.

A Petition of John Frizzel of Shrewsbury praying that this Legislative
Court, would confirm a Deed of Sale of Fifty Acres of Land in councu'xix!',^
Shrewsbury, to Capt Daniel Ward of Worcester wliich the Peti- fl-^JI^^l^-
tioner gave him while he was under Age xviii., 702.

Read & it appearing to be agreable to all Parties concerned, Mass.

Ordered that the Prayer of this Petition be granted, & that, the xvm^,Tno.

Deed Avithin mentioned, from the Petitioner, be & hereby is con- House Joiir-
' ' -^ nal,pp.lll,117

462

Province Jja^vs (Besolves, etc. ) . — 1750-51. [Chaps. 132, 133.]

firmed, & declared as good & valid to all Intents & Purposes, as
if he had been of full Age, Avhen he executed the same. [Passed
January 17.^

CHAPTEK 132.

ORDER IMPOWERING PATIENCE LAMPSON TO SELL AN ESTATE.

Legislative A PETITION of Patience Lampson, Widow of Timothy Lampson

Council, xix., late of Concord dec*^ shewing forth that the Personal Estate of the

-^ said Deceased is not sufficient to pay off his Debts, & that the real

Archives Estate cannot be divided without Spoiling the whole & therefore

xviii., 70&-707. praviiig that she may be impowered to sell the whole real Estate,

TToiiflP Tour sr j <^ j x ^ ^ ^ *

nai, pp. 107, 117. the residue after the Debts are paid, to be disposed of according
to Law.
Read &

Ordered that the Petitioner be allowed & impowered to make Sale
of the real Estate within mentioned for the most the same will fetch
& that she Execute a. good Deed or Deeds of the same, she observ-
ing the Directions of the Law relating to the Sale of Intestate Estates,
& that she be allowed the Improvement of one Third Part of the
Produce of the Premisses, that shall remain (after just Expences of
all Sorts, allowed by the Judge of Probate for the County of Mid-
dlesex are deducted) during her Life provided she give sufficient
Security to the said Judge, that the principal Sum shall at her
Death, revert to the Heirs of the said Deceased, & to apply the
two Thirds agreable to Law. [Passed January 18.

CHAPTER 133

Legislative
Records of the
Council, xix.,
261. Mass.
Archives,
xviii., 722.

Mass.
Archives,
xviii., 721-726.
House Jour-
nal, p. 119.

ORDER IMPOWERING ELIZ. BARRETT & OTHERS TO SELL AN ESTATE.

A Petition of Elisabeth Barrett Widow of Thomas Barrett, late
of Malbro Dec'' & others the Heirs of the said Thomas (one Minor
excepted) setting forth the Benefit of all concerned, having the real
Estate of the said Thomas left to said Widow for her Improvement
during Life, forthwith sold. Therefore praying that they may be
impowered by this Court to sell the same.

Read and

Ordered that the Pet" be and they hereby are Impowered to make
sale of the Estate within mentioned to the highest Bidder, and to
Execute a good Deed or Deeds for the Same. And that the

Interest of one third part of the produce of said Sale be applyed
for the Support of the said Elizabeth as herein mentioned. The

Pet" first giving Caution to the Judge of Probate for the County
of Middlesex, that the several Heirs shall recieve their proportion
of said third part, agreable to the last Will and Testament of the
within named Thomas Barret Dec'''. [Passed January 18.

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is January 18.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 463

CHAPTER 134.

ORDER ALLOWING £3. 6. 7 TO THO^ BROWN.

A Petition of Thomas Brown of Conoord, praying for an Allow- Legislative
ance from this Court to pay his Doctors Bill for Medicines & Attend- couS x^x^,^
ance in his Sickness while he was in the Service of the Province as '^i-
a Soldier under Capt Melvil ' House Jour-

Read& na..pp.llM17.

Ordered that the Petitioner be allowed out of the publick Treas-
ury the Sum of Three Pounds, six shillings & seven pence in full
Consideration of the Expence within mentioned. ^Passed Jan-
uary 18.

CHAPTER 135.

ORDER IMPOWERING ELIZABETH ABRAM, INDIAN, TO SELL LAND.

A Petition of Elisabeth Abram of Grafton, shewing that her Legislative
Father Andrew Abram (now deceased) gave her by Deed fifty Acres coSuS xL*!!^
of Land in said Place, upon Condition of her supporting her aged '^■^^^f^^^^-
Mother, «& for as much as the Yearly ProfiSts of the said Land are xxxii., 85.
insufficient for that End, praying that she may be allowed to sell Mass.
the Same & convert it into Money xxxu.^ss.

Read and R^^'^d^*^^f^th

Ordered that the Prayer of the Pet" be granted, and the Pef is councif, xviii^,
allow'd and impower'd (with the advice and assistance of the Hassa- jo^rnai^p. m.
namisco Trustees) to make Sale of the Land within mention'd ; and
to execute, in due form of Law, a Deed or Deeds for conveyance
Thereof, to Such person or persons as Shall give most for the Same ;
And that the Produce thereof (after the Petitioner's just Debts are
paid) be put into the hands of the Said Trustees; That the Interest
thereof be apply'd for the Support of the Pet" mother as her neces-
sities may call for the Same during her Life, and at her decease for
the use of the Pet'' and her heirs, and that the Said Trustees be
accountable to this Court. [^Passed January 19.^

CHAPTER 136.

ORDER REMITTING TO THE TOWN OF HOPKINTON A FINE FOR NOT
SENDING A REPRESENTATIVE.

A Petition of the Select Men of the Town of Hopkinton, setting Legislative
forth the Reasons of their not sending a Representative to the Gen- c^uncff, xix*!®
eral Court, praying that the Fine laid on said Town on that Account f ^^.j^^^^l^^,.^^
may be remitted "92-

l-?o»T r] Q "tT /"I "MtlSS

Ordered that the Prayer of this Pe'" be granted and the Fine ^gjf'^'i^^ouse''^"
within mentioned is hereby remitted accordingly. [Passed Jan- Journal, p. 120.
uary 19.^

» The House Journal, p. 116, reads, "Capt. Eleazer Melvin."

2 This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 22.

3 This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is January 23.

464

Province Ijxwfs {Resolves, etc.). — 1750-51. [Chaps. 137, 138.]

CHAPTER 137.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PET^
OF PLIMPTON S*^ PRECINCT AND CONFIRMING THE TAX BILLS.

Legislative
Records of the
Council, xlx.,
233, 267. Mass.
Archives, cxv.,
716.

House Jour-
nal, pp.82, 111,
121.

A Petition of the Comm^^^ of the South Precinct in Plymton,
shewing that they committed to Eleazer Kichards, Constable of said
Town, a Tax for their former Ministers Arrears &c. to collect, that
he collected a considerable Part thereof on some of the Inhabitants,
& made Distress on others, who carried the Matter into the Common
Law, & recovered Judgm* against him, that the said Constable refuses
to pay in what he has collected, & to collect the remainder. And there-
fore praying that this Court would confirm their rate Bills as they
stand or otherwise releive them.

The Committee on the Petition of Barnabus ShirtlifE & others a
Comm*®® for the South Precinct in Plymton, have Considered the
same & report as follows, viz'

That the Prayer of the Petition be granted, & that an Order pass
the Hon'*'® Court to make good to all Intents & purposes the Tax
Bills as mentioned in said Petition

All which is humbly submitted Samuel Watts ^ order

Eead and

Ordered That this Eeport be and the same is hereby is ' accepted
and the Tax Bills or assessments within referr'd to are confirm'd
and declar'd valid to all Intents and Purposes accordingly. [Passed
January 19.^

CHAPTER 138.

ORDER IMPOWERING BETTY BENT TO PAY £53.

DOWER INTEREST.

6. 8 TO MARY BENT FOR

Legislative
Records of the
Council, xix.,
263. Mass.
Archives,
xviii., 683.

Mass.
Archives,
xviii., 682.
House Jour-
nal, p. 126.

A Petition of Mary Bent relict Widow of David Bent of Framing-
ham dec** & of Betty Bent Widow of John Bent, Son of the said
David, shewing that the said John in his Life time sold the real
Estate of his said Father, his Mother Mary Bent joining in the
Deed And with the purchase Money he bought another real Estate,
intending to secure to his Mother her Dower therein, as in the first
mentioned Estate, but died before it was effected. And therefore
praying that the said Betty, Administ^ of the Estate of her late
Husband John Bent, may be impowered by this Court to pay unto
the said Mary out of the said Estate, Fifty three pounds Six shil-
lings & eight pence which is agreed upon by them, as an Equivalent
for her Dower.

Read and

Ordered That the Prayer of the Petition be granted and that the
Pef Betty Bent pay to the Pef Mary the Sum of fifty three pounds
Six shillings and eight pence lawful money, out of the Produce of
the Real Estate within mention'd to be Sold, in full of the Said
Mary's Right of Dower in said Land: And that the Judge of Pro-
bate for the County of Middlesex allow the Pef Betty this Said
Sum in her account of Administration. [Passed January 22.

' Sic.

2 This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is January 23.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 4Q5

CHAPTER 139.

ORDER ALLOWING £3. 4 TO JN'' DAVIS.

A Petition of John Davis of Lynn, shewing that he was wounded Refordso'nhe
by the Indian Enemy, while he was a Soldier in the Service of this Councif.xix.,^
Government by which he is disabled from Labour, Therefore pray- ArchwIsT'
iiig for an Allowance from this Court ixxm., 736.

Read and House Jour-

Ordered that the Pef be allowed three pounds four Shillings out "^'P^' '
of the publick Treasury into the hands of Cap* Newhall Rep"® of
Lynn for the relief of the Pef in consideration of his Sufferings
abovementioned. \ Passed January 22.

CHAPTER 140.

ORDER IMPOWERING MARY MAKEPIECE, ADMINISTRATRIX, TO SELL A
RIGHT TO LAND AND TO EXECUTE DEED OR DEEDS THEREFOR.

A Petition of Mary Makepiece of Norton, Widow and Admin- Legislative
istratrix of the Estate of John Makepiece, shewing that the per- councff xix!*^
sonal Estate is insufficient to pay the Debts thereon. And therefore ^4- Mass.
praying that she may be impowered by this Court to sell the whole xvui., 709.
of a Right of Land in the Town of Stoughton belonging to the Mass.
said Estate, that so she may be able to educate the Children & pay xvm'^Tos.

the Debts House Jour-

T3 T -I nal, p. 124 bis.

xteaa ana Province

Ordered that the Pef be allowed and impowered in her within ^^^^10.'* ^^^'
mentioned Capacity to make Sale of the Right of land herein
mentioned and to make & execute a good Deed or Deeds of the
same. She observing the directions of the Law respecting the

sale of real Estates; and giving due Caution to the Judge of Pro-
bate for the County of Bristol to be accountable for the remainder
of the money arising by s*^ Sale (except what shall be applyed for the
payment of the Debts of the Dec'd) as herein mentioned. \Passed
January 22.

CHAPTER 141.

ORDER IMPOWERING MATH^ AND SARAH BRIGHT, EXECUTRIX, WITH
THE CONSENT OF JOHN PIERCE, GUARDIAN, TO SELL REAL ESTATE.

A Petition of Mathew Bright & Sarah his Wife late Widow & ||f^^|fg"^|tiie
Executrix of Richard James jun'' of Marblehead & of John Pierce Council, xix.,
Guardian of his Children, shewing that the Personal Estate is less Archives?'
than the Debts, & the real consists only of a Single House, & twelve ^^'"•' ^"^-
Rods of Land, which cannot be divided, therefore praying for Lib- ^^^fj^j^^g
erty to sell the whole The Remainder (after the Debts are paid) to xviii.,672'.
be disposed of according to Law nai"pp. eo^OT.

Read and EIws^^l, i51.

Ordered ilmt the abovenamed Mathew Bright and Sarah his Wife chap. 10.''
Executrix as abovesaid be and they hereby are Impowered with the

466

Province Laws {Resolves, etc.). — 1750-51. [Chaps, 142, 143.]

Consent of John Pierce Guardian as abovesaid to Sell the House and
Land mentioned. They Observing the Province Law respecting the
Sale of Intestates real Estates. And giveing Security to the Judge
of Probate for the County of Essex to apply the Proceeds of such
Sale to the payment of the Deceased's Just Debts, funeral Charges
&c And delivering the residue thereof to the said John Pierce Guar-
dian &c for the Use of the Deceased's Children agreable to His Will.
Save only that the Lawful Interest of one third part of such resi-
due be paid to the aforesaid Sarah during her natural Life. {^Passed
January 22.

Legislative
Records of the
Council, xix.,
268. Mass.
Archives, cxv.,
775.

Mass.

Archives, cxv.,
774. House
Journal,
pp. 115, 116.
Province
Laves, xiii., 596,
chap. 10.

CHAPTER 142.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION
OF THE DISTRICT OF DOUGLASS IN REGARD TO DIVERS ESTATES.

A Petition of Samuel Dudley Agent for the District of Douglas
shewing that Whereas this Court were pleased divers Years since to
vote that the Farms of Benjamin Murdock & Daniel Draper should
be annexed to the Town of Uxbridge, it is supposed to have been
done thro' mistake for that the Farms aforesaid were included in
the Plan of Douglas as allowed by the Court. And therefore pray-
ing that the said Farms may be taken off from Uxbridge and set
back to Douglas, and that an Action commenced by the Select men
of Uxbridge against the District of Douglas for not runing their
Boundary Line with Uxbridge may be suspended in the mean time

Eead and

Ordered that the Pef serve the Town of Uxbridge ; the Heirs of
Benjamin Murdock, and David Draper with Copys of this Pe*° that
they respectively 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. And the Action brought by John Harwood Esq'' ag' the
Select Men' of Douglas is stayed in the mean time. \^Passed Jan-
uary 22.'

CHAPTER 143

ORDER IMPOWERING THE COMMISSARY GENERAL TO DELIVER A GUN
TO CAPT SAM'- WHITE.

Legislative
Records of the
Council, xix.,
266. Mass.
Archives,
Ixxiii., 752.

House Jour-
nal, p. 129.

A Petition of Capt Samuel White of Taunton shewing that he
furnish'd one Benjamin Harvey (wlio was pressed into the Service
as a Soldier) with a Gun which was lost in an Engagement with the
Indian Enemy, praying that he may be allowed for the same by this
Court.

Read and

Ordered that the Commissary Gen^ be directed to deliver the Pet'
a Gun out of the Province Store in Lieu of the Gun above men-
tioned. \^Passed January 23.

1 This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 23.

[3d Sess.] Province \JA^x^ {Resolves, etc.). — 1750-51. 467

CHAPTER 144.

ORDER IMPOWERING JA^ THOMAS, INDIAN, TO SELL LAND.

A Petition of James Thomas of Middlebro Indian, praying that Legislative
he may be impowered by this Court to sell thirty two Acres of Land counc^f.^x!?
in the said Place to defray the Charge of Sickness in his Family & frchi^es^'
the maintenance of his Aged Father, & to enable him to maintain xxxu., 84.
him for time forward, and that the Petitioner may bo likewise impow- Mass.
ered to give a quit Claim to Thirty five Acres of Land laid out in xxxh.TII'.
the Year 1743, to Capt Wasburn & others ^'^^^'^'^?^\^n

T-> T 1 nal, pp. 124, 127.

Kead and Province

Ordered that the Pef with the advice and assistance of the Guar- ^ifap^'227"'337;'
dians of the Tetticut Indians be and he hereby is Impowered to Sell ciiap.255.
the Land herein mentioned for the most the same will fetch, and to
Execute a good Deed or Deeds of the Same. The said Guardians tak-
ing care that the Money arising by said Sale be applyed to the pay-
ment of the Pef'^ Just Debts, And that the Overpluss (if any there
be) be applyed for the comfortable Support of the Petitioner and
Family as also his Aged Father and Mother.

Ordered also that the Pef be allowed and impowered with the
Advice and Assistance of the Guardians aforesaid to Quit his Claim
to the 35 Acres of Land, laid out to Cap* Washburn and others in
consequence of a Pet" of all the Parties concerned, granted in the
Year 1743 in consideration of the Money formerly paid the Indians
by Edward Mitchell Dec'd. The Quit claim to be made to the Heirs
of Cap' Washburn Israel Washburne and James Boyes. \_Passed
January 23.

CHAPTER 145.

ORDER GRANTING TO JA^ GOOCH, JUN«, LICENCE TO SELL STRONG

DRINK.

A Petition of James Gooch jun"" of Boston shewing that he is Legislative
removed into a House in King Street called the Veruons head, used councif xfx!^^
many Years by Licence for selling strong drink praying that the 286. Mass.

■ CO ± tj o Archives CXI

Court of General Sessions of the Peace for the County of Suffolk 209. '
may be impowered to grant the Petitioner a Licence to retail strong Mass.
drink in said House ^7?^Hou8r'"

Eead and Journal,

Ordered that the Justices of the Gen^ Sessions of the Peace for ^^'" '
the County of Suffolk at their adjourment the 28*'' Curr' be allowed
and impowered to grant the Pef a Licence if they See cause to retail
strong Liquors (The Pef first obtaining the approbation of the Select
Men of the Town of Boston as a Person qualifyed for that service)
the time being elapsed notwithstanding. [Passed January 23.

468 Province Laws {Resolves, etc. ) . — 1750-51. [Chaps. 146, 147.]

CHAPTEE 146.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS, ON THE PETITION OF
EASTON INHABITANTS IN REGARD TO BUILDING A MEETING HOUSE.

Recor'ds^of the ^ PETITION of Josliua Hayward & others a Comm*®'= for the Town
Council, xix., of Eastoii, shewiiig that the said Town have voted to raise the Sum
ArchivesTxiii., of Fifteen hundred Pounds old Tenor, for building a Meeting House

'^ at a certain Place agreed by the Inhabitants, the greatest part of

Mass. which Money is already expended in that Service, notwithstanding

A.rCDlVC8 XI 11. *^ J L ' o

216-220. House whicli a Number of the Inhabitants have seperated from them, and

pp"i27?r28. ^^6 building another Meeting House; on the Borders of the Town,

& the Minister of the said Town, is gone ofE with the said Seperatists

& preaches to them in a private House, & refuses to preach to the

People in the Meeting House, praying for Eedress from this Court

Read and

Ordered that the Pef' serve Cap* Eliphalet Leonard with a copy
of this Pet° that He (or any other of his Associates) shew cause if
any he hath on fryday the 8'^'' of February 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.

And all proceedings are Stayed in the mean time. \Passed Jan-
uary 23.

CHAPTER 147.

VOTE ON THE MEM" OF WEST SOCIETY OF CONCORD DECLARING
ASSESSMENTS VALID AND FURTHER ORDERING THE ASSESSMENT
AND COLLECTION OF TAXES FOR THE SUPPORT OF THE SOCIETY.

Legislative /^ MEMORIAL of the West Society of the Town of Concord, shew-

Recoras of the . . . t-w.«-.i, ,^ t , • , ,^ ,^

Council, xix., mg that there is arisen a Diinculty among them relating to the gather-

'^ ing of y*^ Taxes for the Support of the Ministry, because the Assessors

Miypp!'i2M29. that made those Taxes were not under Oath when they made them
^h^'^' 2^^^' P^^y^'^S ^^^'^*^ ^^^i^ Court would confirm the said Assessments upon the
^' ' Assessors being now put upon Oath, or otherwise releive the Memo-
rialists as the Court shall think fit In Council Eead & in Answer
to this Petition

Voted that the Assessments within refer'd to be, & the same are
declared valid to all Intents & Purposes whatsoever, the Want of
the Assessors being sworne before they made the said Assessments
notwithstanding, provided the said Assessors make Oath before a
Justice of the Peace, that in making their respective Assessments,
they proceeded equally & indifferently according to their best Skill
& Judgment, & agreable to the Rules prescribed by the Province
Tax Act, subsisting at the time of making the said Assessments
And also

Voted that Jonathan Butterick, Stephen Hosmer & Joseph Lee
& such other Assessors, as now are, or hereafter may be appointed
by the West Society, be & they hereby are impowered to assess such
of the Inhabitants as now do, or heretofore did belong to the said
Society their just & equal Proportions of all such Charges as have
hitherto arisen towards the Maintenance and Support of the Min-
istry among them, & to make & perfect their List, issue Warrants
to the Collectors, that now are or that may be hereafter appointed

[3d Sess.] Province Laws (Besolves, etc.). — 1750-51. 469

by the said Society, for the levying & Collecting such Assessments,
& paying in the same to such Person or Persons as are or may be
appointed by said Society to receive the Same or any part thereof,
& to do everything for enforcing the payment of such Sum or Sums
as have been or may be assessed by them, as full & effectually as
Precinct or Parish Assessors by Law are enabled to do. And

the respective Collectors aforesaid are also impowered to do & per-
form every thing necessary for the collecting such Assessments as
are or may be committed to them, as fully & effectually as any Pre-
cinct or Parish Collectors might do, Pursuant to Law, Provided
the said Assessors & Collectors respectively be first sworne before
a Justice of the Peace for the faithfull discharge of their respec-
tive Trusts. [Passed Ja?iicar^ 23.

CHAPTER 148.

ORDER WITH STAY OF EXECUTION GRANTING A HEARING ON THE
PETITION OF JN" MATHEWS FOR A NEW TRIAL OF A CAUSE.

On the Petition of John Mathews [ante, p. 447, chap. 98] Rlf'rd**^f th

Eead, and it appearing that Japhet Bicknal the adverse Party Council, xix.,

has been served with a Copy of this Petition, but no Answer given, ^^

and the Matter being fully Considered. naTp^i<^^"

Ordered that the Petitioner be & hereby is allowed a hearing on ^wie, p. 447,
the Chancery of the Bond, herein mentioned at the Inferiour Court ^ ^'^'
of Common Pleas to be holden at Taunton in the County of Bristol,
on the second Tuesday of Marcli next, and the Justices of the said
Court are hereby impowei'ed and directed to hear the Parties, &
chancer the Bond, and determine thereon pursuant to Law, and
the Execution within mentioned is stayed in the mean time. Pro-
vided the Petitioner notify the said Bicknal of this Order fourteen
Days at least before the said Courts sitting. [Passed January 24.

CHAPTER 149.

ORDER GRANTING TO SETH ROSS LICENSE TO KEEP TAVERN.

A Petition of Seth Eoss of Concord shewing that he is lately Legislative
removed into an House in said Town, which is very Conveniently councu^, xixl^^
scituated for a Tavern & has been used for that Bussiness, for divers 268. Mass. '
Years past by one Thomas Munroe, therefore praying that this Court 215.
would impower the Court of General Sessions of the Peace for the House Jour-
County of Middlesex to grant him a Licence °*^' p- ■^^^•

Eead (together with the Certificate from the Select Men of Con-
cord Approbating and Eecommending the Pef for that business)
and

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Midd^ be allowed and impowered to grant the Pef
a Licence (if they See cause) the time for granting Licences being
elapsed notwithstanding. [Passed January 24.

470

Province IjAws {Resolves, etc.). — 1750-51. [Chaps. 150-153.]

CHAPTER 150.

Legislative
Records of the
Council, xix.,
269.

ORDER ALLOWING 15/ TO DAN'- BRAGDON.

Ordered that Daniel Bragdon be allowed out of the publick Treas-
ury Fifteen shillings New Tenor in Lieu of that Sum burnt by Fire.'
[Passed January 24.

CHAPTER 151

Legislative
Records of tlie
Council, xix.,
269. Mass.
Archives, cii.,
548.

Mass.
Arcliives,
cxxxvi., 201.
House Jour-
nal, pp. 131, 132.
Province
Laws, iii., 555,
chap. 24. Ante,
p. 369, chap.
265.

VOTE FOR MEETINGS OF THE COM'^'^'^ FOR RECEIV" BILLS OF CREDIT
IN EXCHANGE FOR SILVER.

Voted that the Committee appointed to recieve the Bills of Credit
of the Province in exchange for Silver &c be directed to attend that
business five days in the Week. The Vote of this Court restraining
them to three days notwithstanding.

And that the Comm'^'^ be directed to Insert in the News papers
that Paragraph in the Act Limiting the time for exchanging said
Bills to the 31^* of March next. [Passed January 24.

CHAPTER 152.

ORDER ON THE PETITION OF SAMUEL STONE GRANTING A NEW TRIAL.

Legislative
Records of the
Council, xix. ,
262. Mass.
Archives,
xliii., 39S.

Mass.
Archives,
xliii., 389-398.
Legislative
Records of the
Council, xix.,
271. House
Journal,
pp. 118, 135.

A Petition of Samuel Stone of Charlestowue Complaining of a
Judgment given against him by the Court of General Sessions of
the Peace for the County of Middlesex in December last whereby
he was adjudged, to maintain a Bastard Child born of the Body of
Huldah Read, two of the Justices being related to the said Huldah
& therefore praying for another Trial.

Read together with the Answer of Huldah Reed, & the matter
being fully considered.

Ordered that the Prayer of this Petition be granted, And that
the Court of General Sessions of the Peace to be holden at Charles-
town within & for the County of Middlesex on the second Tuesday
of March next be & hereby are impowered & directed to hear & try
the Affair within mentioned a new, & proceed & determine thereon
agreable to Law ; Provided the Pef notify the said Huldah of this
Order fourteen days at least before the Sitting of said Court. [Passed
January 26.

CHAPTER 153.

ORDER APPOINTING A COM^'^'^ TO BURN TORN & DEFACED BILLS OF

CREDIT.

B!fi^.H."L%.o In the House of Rep"''^

Records of the „ , , -. .- ^-, , ^ ^ .- .,, ,, rw, ..^ ^ -.r ^t

Council, xix.. Ordered that M' Speaker M'' Allen M' Tyng M'' Gray M' Oliver
Archi^ves^cii Cap' Williams and M^ Russell with such as the Hon^'« Board shall

547.

* Not found in the House Journal.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 471

Joyu be a Comm'' in the recess of the Court to take an Ace* of the House Jour,
torn and defac'd Bills in the Treasury Consume them to Ashes. "^^^'P-i^e.
And Report their doings hereon to this Court at their next Sitting
In Council Read & Concur'd »& Jn° Osborne Jacob Wendell, Dan^
Russell, Sam' Watts, Ezekiel Cheever & And"^ Oliver Esq" are joined
in y* Affair. \_Passed January 26.

CHAPTER 154.

ORDER SETTLING TOLL OVER BRIDGE AT HIX'S FERRY.

A Petition of Ann Hix Widow and Administrate of William Legislative
Hix late of Dartmouth dec'^ shewing that the Bridge which was councn! xlx!*^
built by the said William over the River there at the Place called 273. Mass.
Hixes Ferry, is become now out of Repair & Chargeable to be kept cxxi., 275.
in Repair And therefore praying that this Court would settle a Toll House Jour-
according to the rates stated in the Petition. Province'^' ^^^'

Read and in Answer hereto Laws, xii., 529,

Ordered that the Toll for passing over the Bridge within men- *^ ^p* * •
tioned be as follows. Viz

For a Single Person an English half pence.

For a Man and Horse one penny half penny Lawful Money

For a Horse and Chair or Horse & Chaise two pence.

For twenty Sheep one penny half penny, and so in proportion for
a greater or lesser Number

For each Ox or Cow an English half pence

For a Team of Oxen and Cart three pence

Provided the Pef" keeps said Bridge in good and passable repair;
and also keep necessary and convenient passages for water Carraiges
to pass through, as has been heretofore Customary. \^Passed Jan-
uary 26.

CHAPTER 155.

ORDER ALLOWING £4 TO MOSES HOYT.

A Petition of Moses Hoyt of Newbury, shewing that he being Legislative
a Soldier in the Expedition against Cape Breton, received a Wound coundf.xix!^^
from the Enemy, which has rendred him unable to provide for his 273. Mass.
Family, therefore praying from this Court some further Allowance ixxiu., 728.

for his Support. Mass.

Read and itxinll's.

Ordered that the Pef be allowed out of the publick Treasury the House' Jour-
Sum of four pounds in consideration of his Sufferings within men- ^n<e^ p. 316,
tioned. [Passed January 26. ''^^'^- 1^*-

472

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 156-159.]

CHAPTER 156.

ORDER REFERRING THE PETITION OF JN" MARTIN AND ALLOWING £5

TO HIM.

Rlcords'Jf the ^ PETITION of Joliii Martin of Brunswick, shewing that he was
Council, xix., taken Prisoner by The Indians in September last, and carried to
2/3. Mass. Canada, that he was obliged to engage for a Considerable Sum, for

Archives,
Ixxiii., 735.

House Jour-
nal, pp. 135 bis,
136.

his Ransom which he is unable to pay, therefore praying for some
Allowance from this Court for his Relief

Read and

Ordered that the consideration of this Pet" be referd till the next
sitting of this Court and that the Pet' be allowed five pounds out of
the Treasury for his travelling Expences in his way home. \^Passed
January 26.

CHAPTER 157.

ORDER ALLOWING £3. 9. 4 TO ALEX-^ TARRANT.

Legislative
Records of the
Council, xix.,
274. Mass.
Archives,
Ixxiii., 745.

Mass.
Archives,
Ixxiii., 745.
House Jour-
nal, pp. 133, 137.
Ante, p. 420,
chap. 30.

A Petition of Alexander Tarrant of Salem setting forth his
present helpless Condition, by Wounds he received in the Expedi-
tion against Cape Breton, and praying for further Relief from this
Court.

Read and

Ordered that the Sum of three pounds Nine shillings and four
pence be allowed out of the publick Treasury, to the Pef in consid-
eration of his Sufferings and Expences within mentioned. \^Passed
January 28.

CHAPTER 158.

Legislative
Records of the
Council, xix.,
275. Mass.
Archives,
Ixiv., 378.

Mass.
Archives,
Ixiv., 376.
House Jour-
nal, pp. 55, 103,
139.

ORDER ALLOWING £2. 13. 4 TO HENRY KING.

A Petition of Henry King of Boston Pilot, praying for an
Allowance for Services done for this Government in impressing &
for providing a Boat for carrying Officers & Soldiers aboard their
Vessells &c.

Read and

Ordered that the Pet' be allowed out of the publick Treasury Two
pounds thirteen Shillings and four pence in full consideration for his
Services within mentioned. \^Passed January 29.

CHAPTER 159

Legislative
Records of the
Council, xix.,
276. Mass.
Archives,
Ixiv., 403.

ORDER IMPOWERING CPT MOSES BENNET TO MAKE UP HIS MUSTER

ROLL.

A Petition of Capt Moses Bennet shewing that he has had the
Care of the Ship Massachusetts Frigate ever since she was haled up,
that he understood that there was an Agrement between this Court
& Joshua Winslow Esq' & others, for the Employment of the said

[3d Sess.] Province Laws (Besolves, etc.), — 1750-51, 473

Ship, and therefore he made application to them for payment of Archives
himself & two Men from the Time when the said Ship was removed ixiv., 402.'
by their Order, but they refused Payment, Therefore praying for nail^'pp. 77^,'ii6,
Leave of this Court, to make up his Muster Poll for payment out Jf^g^c'hap 51
of the publick Treasury

Eead and

Ordered that the Pef be allowed to make up his Musterroll from
Feb>- 16. 1749. to August 6'^ 1750

And that He be allowed the amount thereof out of the publick
Treasury. [Passed Jamiary 30.

CHAPTER 160.

ORD» DIRECTING Y= TREAS" TO PAY HALVES, QUART* &c OF DOLLARS. Legislative

Records of ttie
Council, xix.,

Ordered that the Treasurer be directed m paying the Silver out 276. Mass.
of the Treasury; to pay the halves, and Quarters and Eighths and 553? ^^^*'*'""
Sixteenths of Dollars in proportion to the Silver that is still left in House Jour-
the Treasury. [Passed Ja?mary 30. Provmc" *'**'

Laws, lii., 508,
note.

CHAPTER 161.

ORDER DIRECTING THE COMMITTEE ON THE £100,000 LOAN TO MAKE

A REPORT.

Whereas this Court have pass'd several Orders directing the Legislative
Comittee or the surviv""" of them who were Appointed to finish c^uSxix^^
the one hundred Thous*^ pound Loan, to make report of their ^6. Mass.
doings to this Court which orders have not yet been Complyed 552. ' ''
with Wherefore Legislative

Ordered T\\Q,i the s" Comittee be & hereby are directed forthwith councff, xiiu!!
to make report how far they have proceeded thereon that so a final 43i. House
Issue may be put to the s*^ Loan. [Passed January 30. °^°'* ' ^'

CHAPTER 162.

ORDER DIRECTING THE TREASURER AS TO THE PROPORTION OF
COPPERS TO BE RECEIVED FOR TAXES.

Ordered that the Treasurer be directed in recieving the Taxes Legislative
from the several Collectors and Constables through the Province counc*if, S^
to accept in payment the same proportion of Coppers with the 'fj;.jjj^||^^j'
Silver, as he has been directed to deliver out in payment in ex- 554. ^^ ' ''

change for Bills &c. [Passed January 30.^ House Jour-

nal, p. 141.
• This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 31.

474

Froyince h AW s (Besolves, etc. y. — 1750-51. [Chaps. 163,164.]

CHAPTER 163

ORDER ALLOWING £73. 11. 3 TO JOS. FRIE.

liegislative
Records of the
Council, xix.,
-277. Mass.
Archives,
Ixxiii., 737.

Mass.
Archives,
Ixxiii., 737.
House Jour-
nal, pp.113, 185,
141.

A Petition of Joseph Frie, shewing that he was Commander of
a Company of Soldiers on the Frontiers, that for Part of the Time
there was no Provision made for their Subsistence, out of the pub-
lick Stores, so that the Petitioner was obliged to purchase it with
his own Money, that he has applied to the Commissary General for
a Reimbursm' that he offers to pay him in Provisions, which will
be a great Loss to the Petitioner therefore praying his full Charge
in Money out of the publick Treasury

Eead and

Ordered that the Pef be allowed out of the publick Treasury
Seventy three pounds Eleven Shillings and three pence in full con-
sideration of his Expences within mentioned. [Passed January 80.^

CHAPTER 164.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE LETTERS
OF MONSK CASTEEN AND OTHERS.

liegislative
Kecords of the
Council, xix.,
278. Mass.
Archives,
liv., 9.

Mass.
Archives,
liv., 8. Legis-
lative Records
of the Council,
xix., -269.
House Jour-
nal, p. 132.

The Comm''^* appointed to take under Consideration the Letters
of Casteen's, Sebousets &c^ * having attended the Service are humbly
of Opinion.

That it may be Convenient for His Honour the Lieuten' Gov-
ernour by a Letter to Casteen to invite him to Boston, & to assure
him of Protection & Safety on his Passage [from Penobscot to Bos-
ton,] ' & untill his Return to Penobscot, and that His Honour with
the Advice of the Council, endeavour to engage him in the Interests
of the English by such Ways & Means as may Consist with the Honour
of the Government, but not to Comply with his proposal of furnish-
ing a Vessell & Goods without the Consent of the whole Court. The
Comm^^® are further of Opinion that there be allowed to Lewis's Son ^
Four Pounds (to be taken out of the Truck Trade) as a Token of
the Esteem of the Governm' not only for his own Declaration of
Friendship, but the many Instances of his Fathers good Affection
to us:

All which is humbly Submitted

Jn" Wheelwright ^ Order

Read and

Ordered that this Report be accepted. [Passed January 30.^

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 31.

^ Legislative Records of the Council, xix., 269, reads, "the Lecters of Casteen. Saboo-
set. & Keheret Lewis's Son."

^ Inserted from Mass. Archives, liv., 8.

[3d Sess.] Province Laws (Resolves, etc.). — 1750-51. 475

CHAPTER 165.

ORDER EMPOWERING JOHN WORTHINGTON TO ENTER A COMPLAINT
IN THE SUPERIOR COURT AT SPRINGFIELD.

A Petition of John Worthington Esq"" as Attorney to Daniel Legislative
Edwards & David Clark, both of Coventry in the Colony of Con- councif, xix.,^
necticut, shewing that at the Inferiour Court of Common Pleas for Archives^^'
the County of Hampshire in May last the said Edwards & Clark xuii., 26-.'
brought their Actions severally against Daniel Edwards, of the Plan- Mass.
tation called Bedford in the said County & severally recovered Judg- xHn"266-269.
ment against him, from which he appealed to the Superiour Court, Rifords'of the
for said County, held in September last, but failed of prosecuting Council, xix.,
his Appeal. And the Petitioner (who acted as Attorney) forgetting to Jounmi'.'pp. 95,
put in a Complaint against the Appelant, the Appellee cannot have ^^•
the Benefit of said Judgments, as the Matter now stands Therefore
praying that the Petitioner on their behalf, may be impowered to
enter their Complaint, at the next Superiour Court, for said County,
& the Judges to proceed thereupon.

Read together with the Answer of Cornelius Jones Attorney to
the Adverse parties, & the Matter being considered.

Ordered that the Prayer of the Pet" be so far granted, as that the
Pet' be & hereby is allowed to Enter the Complaints within men-
tioned at the Sup'' Court of Judicature &c to be holden at Spring-
field within & for the County of Hampshire in September next;
And the Justices of the said Court are impowered to determine
thereon pursuant to Law. [Passed January 31.

CHAPTER 166.

ORDER INVESTING THE INHABITANTS OF THE NEW PRECINCT ERECTED
OUT OF NEW BRAINTREE AND PARTS OF HARD WICK AND BROOK-
FIELD WITH THE PRIVILEGES OF A DISTRICT, AND CALLING A DIS-
TRICT MEETING.

A Petition of the Inhabitants of the Precinct consisting of the Legislative
Lands called new Braintree & part of the Town of Hardwick, set- councif xix.*^^
ting forth their Circumstances, and praying that they may be vested 277. Mass.
with the Powers & Priviledges necessary for the well ordering of 795. ' ' ''
their publick Affairs. Mass. '

T?Porl iTifl Archives, cxv.,

Jieaa ana ^^3 g^^g^

Ordered that the Prayer of this Pet" be so far granted as that the Journal,
Lands herein mentioned and the Inhabitants thereon be Erected into !j«>e,p. 453,
a District and Vested with such Powers and Priviledges as Towns by '^^^^- ^^^•
Law Enjoy, so far as relates to the Choice of Town Officers, and for
granting Money from time to time to defrey the Charges of said Dis-
trict, and for Man[a]ging their other Affairs Settling a Minister,
Erecting and Finishing a Meeting House and making all needful
Roads and Ways.

Ordered also that M"" Eleazar Warner a principal Inhabitant in
said place be Impowered to Call the first District Meeting. [Passed
January 31.

476

Province Laws {Resolves^ etc.). — 1750-51. [Chaps. 167-169.]

CHAPTER 167.

Legislative
Records of the
Council, xix.,

■277. Mass.
Archives, xx.,
678.

House Jour-
nal, pp. 111,117,
145. Ante,
p. 460, chap.
128.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE CON-
NECTICUT CONTROVERSY AND THE CLAIMS OF THE FRENCH.

The Comm™^ appointed to Consider what is further necessary to
be done with relation to the Controversy with Connecticut, and also
the Claim made by the French upon the Continent, having again
attended the Bussiness are of Opinion, that in as much as the Lieut*
Governour & Council have furnished the Agent with all such Evi-
dence as could be procured in the Province relating to the French
Claims, nothing more remains to be done by the Court than an
humble Address to his Majesty on this Subject, which the Comm**^^
have prepared & present herewith accordingly, & humbly submit
the Same

Iper Order of the Com'"* J. Chandler

Eead & Accepted. [Passed January 31.

CHAPTER 168.

Legislative
Records of the
Council, xix.,

278.

House Jour-
nal, p. 144.

ORDER ALLOWING £73. 11. 6 TO JN" WHEELWRIGHT, COMISS^ GEN''.

The Accompts of John Wheelwright Esq"" Commissary General
of this Province, of subsisting the Soldiers raisd for the intended
Expedition against Canada amounting to the Sum of £79,264. 1. 1-
he having received out of the publick Treasury the Sum of £79,815.
17. 4 Ballance being, £551. 16. 3 0 Tenor, which the Commissary
Accounts for by his own Trouble & Charge of Assistants.

Head &

Ordered that the Sum of Seventy three Pounds eleven Shillings
& six pence be allowed out of the publick Treasury to John Wheel-
wright Esq"" Commissary General in Consideration of his Services &
Expences mentioned. [Passed January 31.

CHAPTER 169.

Legislative
Records of the
Council, xix.,
279. Mass.
Archives, xiii.,
200.

Mass.

Archives, xiii.,
199. House
Journal,
pp. 139, 145.

ORDER GRANTING TO RICHARD TREAT AND HIS THREE ELDEST SONS
200 ACRES OF LAND.

A Petition of Richard Treat Shewing that he has served the
Province for many Years in the late War, and that being put to
great Straits he settled himself upon Province Land near Sheffield
without Leave of the Governm' praying that this Court would grant
him so much of the said Land, as they shall in their great Good-
ness think fit for himself & Sons.

Read and

Ordered that there be granted to the Pef and his three Eldest
Sons in equal Shares two hundred Acres of Land at the West of
Sheffield including the Improvements He has made Where He now
dwells.

Provided the Tract interferes with no former Grant And he
returns a Plan of said land to this Court within Six Months for
confirmation. [Passed February 1.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 477

CHAPTER 170.

ORDER ALLOWING £15. 13 TO DR. ISRAEL ASHLEY.

A Memorial of Israel Ashley of Westfield, shewing that divers Legislative
Inhabitants of the Six Nations, who had been serviceable in the councff, xii^,*^
late War Coming down to Boston Stopt at Westfield, And the ^9- Mass.
Memorialist being sensible of their Losses in the English Service xxxii., 97.
presented them with Guns, Blankets & other necessaries to the Mass.
amount of £15. 13 praying that he may be reimbursed xxxir%a-98

Read and House 'Jour-

Ordered that the Prayer of the Memorialist be granted and that "'^ • p*
He be allowed the Sum of fifteen pounds thirteen Shillings out of
the publick Treasury in consideration of the Expences in the Ace'
exhibited herewith mentiond. \^Passed February 1.

CHAPTER 171.

ORDER ALLOWING £4 TO PETER DOGAMUS, INDIAN.

A Petition of Peter Dogamus of Yarmouth Indian, shewing that J^egisiative
he has Spent a great Part of his Life in the Service of the Province, council, xix.,
as a Soldier & was kept a long time in Captivity in Canada, from Archives?'
whence he is lately returned, and being now grown old & unable to ixxiii., 744.
Support himself, therefore praying for Some relief from this Court. Mass.

Kead and ixxiii., 744.

Ordered that the Sum of four pounds be allowed out of the pub- nai"ppfi4T'i46
lick Treasury to Maj"" Thacher for the Use of the Pet' in considera-
tion of his Sufferings within mentioned. [Passed Fehruary ^.'

CHAPTER 172.

ORDER IMPOWERING EDWARD BANGS, GUARDIAN, TO SELL LAND.

A Petition of Moses Young & Thomas Young of Hardwick B^^*^lf""^/ti,
Minors & Edward Bangs their Uncle & Guardian, praying for council, xix.,
Licence from this Court to sell three Acres of Land & one Acre frchi^es?'
of Meadow lying in the Town of Eastham, belonging to the said xviii., 715.
Minors the same being of little Proffit to them as it lies, and might Mass.
be for there Advantage if it were Converted intoMoney. xviii., 714.

T? /^r. /I o Ti rl House Jour-

neau anu nal, pp. 140, 146.

Ordered that the within named Guardian be and he hereby is
Impowered to make sale of the Land within mentioned for the
most the same will Sell for. He giving Security to the Judge of
Probate for the County of Barnstable, that the produce thereof
be applyed agreable to the Prayer of this Petition. [Passed Feb-
ruary 2.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is February 1.

478

Province Laws {Besolves, etc.). — 1750-51. [Chaps. 173-175. J

Legislative
Records of the
Council, xix.,
280. Mass.
Archives, cii.,
557.

Mass.

Archives, cii.,
.555. House
Journal, p. 147.
Ante, p. 369,
Chap. 265.

Legislative
Records of the
Council, xix.,
280. Mass.
Archives,
xlix., 296.

Mass.
Archives,
xlix., 29.5.
House Jour-
nal, pp. 78, 128,
145.

CHAPTER 173.

ORDER DIRECTING THE TREASURER AS TO THE MANNER OF PAYING

OUT SILVER.

Ordered that the Treas'' be directed to pay out the hammer'd
Money by Weight at six shill^^ & eight .^ence <^0z. And when any
Person shall bring Orders from the Com'''' for exchanging Bills to
the Amount of Twenty Pounds or upwards, That then he deliver
One quarter part of said Sum in Hammered Money.' \^Passed Feb-
ruary 4.^

CHAPTER 174.

ORDER ALLOWING £5 TO JOHN SAVELL.

A Petition of John Savell of Boston, setting forth his Services
as Door keeper to the General Court divers Months & other Services
for the Governm^ & praying for some proper allowance for the Same

Eead and

Ordered that the Pet' be allowed five pounds out of the publick
Treasury in full Consideration for his Services herein mentioned.
\^Passed February 4.

CHAPTER 175.

ORDER IMPOWERING JN'

LYDSTONE TO SURVEY AND LAY OUT 300
ACRES OF LAND.

Legislative
Records of the
Council, xix.,
281. Mass.
Archives,
xlvi., 226.

Mass.
Archives,
xlvi., 225,227;
Ixxiii., 676.
House Jour-
nal, pp. 14, 116,
132. Province
Laws, xiii., 430,
chap. 174.

A Petition of John Lydstone of Kittery, shewing that whereas
this Court was pleased in the Year 1744, to make a Grant of three
hundred Acres of Land to him in Consideration of his Services &
Sufferings in the War, the matter was Concealed from him till lately,
& praying that the said Grant maybe renewed & he alloAved to return
a Plat of said Lands.

Eead and

Ordered that the Pef have liberty by a Surveyor and Chain Men
under Oath to lay out three hundred Acres of Unappropriated Land
in the County of York adjoyning to some Township or former Grant
and return a Plat thereof to this Court within twelve Months for
confirmation. ^Passed February 4.

^ The Secretary's record of this order. Legislative Records of the Council, xix., 280,
reads, after the word "deliver," " mill'd Dollars & hammer'd Money in proportion to the
quantity of each Sort remaining in the Treasury." But according to Mass. Archives the
words just quoted were struck out and the words above given, " One quarter . . . Money,"
were inserted in their place.

' This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is February L

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 479

CHAPTER 176.

VOTE DIRECT^ CLERKS OF NEW TOWNSHIPS TO LODGE ATTESTED
COPIES OF ORIGINAL GRANTS &c. IN THE SECRETARY'S OFFICE.

Whereas Sundry of the Clerks of the New Townships have Legislative
neglected to make returns of the state of said Townships accord- counclf xix!^*^
ing to the Order of this Court. And those Who have made 28i. Mass. '

returns, have not been under Oath in that matter Therefore 824. ' ' '

Voted that the several Clerks of the respective Townships be and House Jour- "
they hereby are directed to Deposit attested Copys under Oath, of ^^nlF'v^m
all the Original Grants that have been made within these thirty ciiap'. 35.
Years past, together with a List of the Names of the Grantees,
and Who have fulfil'd the Conditions of their Grants into the Sec-
retary's Office by the last day of March next upon pain & Peril of
the displeasure of this Court And that this Order be inserted in
the publick Prints three weeks successively. \^Passed February 5.

CHAPTER 177.

ORDER IMPOWERING THE INHABITANTS OF THE TOWN OF BRIDGE-
WATER TO CHOOSE A COLLECTOR OF TAXES.

A Petition of Josiah Edson & Ephraim Fobes Select Men of the Legislative
Town of Bridgwater, shewing that one Jacob Allen served there as councif x^ix^f
a Constable in the Years 1748 & 1749. that the Taxes were Com- f J;.jjj^ff -^^
mitted to him to Collect, which he did in part & applied the Money 323. ^ ' ''
to his own use, and therefore praying that the said Town may be ji^^^;
impowered to chuse a Collector. And that the Arrearages of the ^22?*^Housf ^■'
said Assessments may be Committed to him to Collect. joumai, pp. S2,.

Read and '

Ordered that the Inhabitants of the Town of Bridgwater be and
they hereby are Impowered at a Meeting called for that purpose to
Choose a Collector in the room of Jacob Allen within mentioned
to Collect the remaining part of the Province County Town and
Precinct Rates that remain uncollected by the said Allen as He
was Constable for the Years 1748 & 1749 And that the Collector
so Chosen be directed and impowered to Collect the remaining
part of said Taxes as fully as the said Allen was to all intents
and purposes, and to pay in the same to the several Treasurys
when due.

He first recieving Warrants from tlie Province Treasurer, and
also from the Assessors of the Town and North Precinct in Bridg-
water for the Collecting and Paying in the Taxes aforesaid which
the said Treasurer and Assessors are liereby directed and impowered
to Grant They having redelivered to them the Warrants orig-

inally granted to the said Jacob Allen. And that the Northerly

Parish in Bridgwater shall pay their proportion towards hiring said
Collector.

And that the said Jacob Allen be accountable for what Sums
He has rec'd of said Taxes to the respective Treasurers. {Passed
February 6.

480

Province Iiaws (Besolves, etc.) . — 1750-51. [Chaps. 178,179.]

Legislative
Records of the
Council, xix.,
275. Mass.
Archives,
xviii., 72y.

Mass.
Archives,
xviii., 72&-731.
Legislative
Records of the
Council, xix.,
282. House
Journal, p. 150.
Province
Laws, ii., 151,
«hap. 10.

CHAPTEE 178.

ORDER ON THE PETITION OF KNIGHT LEVERETT AND ABIGAIL HIS
WIFE IMPOWERING THEM TO APPEAL FROM A DECREE OF A COURT.

A Petition of Knight Leverett of Boston & Abigail his Wife
shewing that the Petitioners appealed from a Sentence of Edward
Hutchinson Esq"" Judge of the Probate of Wills for the County of
Suffolk, for allowing Capt Jonathan Clarkes Administration Ac-
compt of the Estate of M"" John Gutteridge dec"^ the Petitioners
Uncle, and gave Bond to prosecute their Appeal, but thro' Forget-
fulness lapsed the Time for filing their Seasons of Appeal, where-
upon, (the Six Months by Law allowed to prosecute an Appeal not
being expired) they Claimed their Appeal anew, which was allowed
by the Judge, but dismiss'd by the Governour & Council Therefore
praying the Avithority of this Court for their prosecuting an Appeal
from the Sentence of the Judge of Probate abovementioned

Eead, together with the Answer of Capt° Jon=* Clark, Adminis-
trator of the Estate of the Intestate withinnamed, and the Matter
being fully considered.

Ordered That the Prayer of the Petition be So far granted as that
the Pet'' be and hereby are allow'd to appeal from the Decree within
mentioned; Provided they claim the Same within thirty Days from
this time, and after that observe the Directions of the Law made in
the Sixth Year of his late Majy King George the first intitled an Act
for the regulation of the Decrees and other Proceedings of the Sev-
eral Judges of Probate in the respective Counties of this Province
and of appeals therefrom; and the Judge of Probate for the County
of Suffolk is also impowered and directed to admit of the Said Ap-
peal, in case it be claim'd within the time beforementioned. [Passed
February 5.^

CHAPTEE 179.

ORDER IMPOWERING THE PROPRIETORS OF THE NARRAGANS^ TOWN-
SHIP N" ONE TO REMOVE A FORT.

Legislative
Records of the
Council, xix.,
282. Mass.
Archives, cxv.,
802.

Mass.

Archives, cxv.,
801. House
Journal,
pp. 119, 142.

A Petition of Major John Fowle & others Agents for Narragan-
sett Township Number one, setting forth that the Fortification built
by this Court for the Protection of the Inhabitants there, happens
by the Want of Water near said Place (which the said Inhabitants
have endeavoured to obtain by Digging) to be useless to them, and
therefore praying that this Court would grant them Liberty to re-
move it to a more suitable Place.

Read and

Ordered that the Prayer of the Pet" be so far granted as that the
Prop" be and hereby are allowed to remove the Works within men-
tioned at their own Cost to some more convenient place in said Town-
ship, where it may least Incommode the said Proprietors. [Passed
February S.^

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
ative Records of the Council the date is February 6.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is February 6.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 481

CHAPTEK 180.

ORDER CONFIRMING THE PROCEEDINGS AT TOWN MEETINGS OF ROW-
LEY FIRST PARISH IN REGARD TO TAXES.

A Petition of John Hobson Esq'' in behalf of the first Parish R|for|"^f the
in Rowley, shewing that there was some defect in their Town Meet- councif, xix.,^
ings held in Novemb-- 1747, [Decern^ 1748;]" & Decern'- 1749, by ArchivesTkm.,
means of which some Persons may refuse to pay their part of the ^o^-
Taxes, then laid on the Inhabitants, therefore praying that this Mass.
Court would Confirm the Votes pass'd at said Meetings. 201? House ^"

Read and Journal, p. 150.

Ordered that the Proceedings of said Parish at their Meetings
herein mentioned be and hereby are Confirmed as good and valid,
as if called by a Comm^*" of said Parish. And that the Parish
Treasurer and Collectors be and they hereby are directed and im-
powered to recover and collect the Taxes and other dues that belong
to said Parish, and to pay in and Account for the same, where it
is due, and ought to be accounted for. [^Passed February 6.^

CHAPTER 181.

ORDER REFERRING THE PETITION OF HENDRICK QUEQUALS IN RE-
GARD TO CLAIM ON LAND IN HARDWICK.

A Petition of Hendrick Kekaquans of Stockbridge Indian, shew- Legislative
ing that the Lands now called the Town of Hardwick belongs to him councif xix!"'
by right of Inheritance, w^'* he never sold to any Person, tho he has 246. Mass.
claimed it divers Times, & was told by Coll" Stoddard, when the Eng- xxxii.,70'.

lish were settling there, that he should be allowed for the native Right, Mass.
Therefore praying that this Court would order Payment for the Same,^ xxxn^el'

[Read &] Legislative

Ordered that the Consideration of this Petition be refer'd to the councif, xix.,^
first Fryday of the next Sitting of the Gen^ Court. [Passed Feb- S^ixS^
ruary 7. 96, 98, 143, i56. '

CHAPTER 182.

ORDER ALLOWING £40 AND £25. 18, ALSO A FURTHER SUM OF £17. 8

TO ROBT BALL.

A Petition of Robert Ball Keeper of the Light House praying Legislative
for the Allowance of his Salary for the Year past, as also that he councff,xix!^^
may be repaid the Monev he has advanced for Fire Wood the last 279. jviass.

this present Year. ixiv., 420.

Read and Mass.

Ordered that the Pef be allowed out of the publick Treasury the ^\y';'^4i|;
Sum of forty pounds in full for his Service the last Year from Nov"" 8. House Jour-
1749 to Nov^ 8. 1750. nai, pp. 121,138,

^ Inserted from State Library copy, Legislative Records of the Council, xix., 300.

- This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is February 7.

^ This petition was entered October 10, 1750, under the name of Hendrick Kekquonau
(House Journal, pp. 94, 98). The name also appears as Henrick Queequal (House Jour-
nal, p. 143) , and with other slight variations.

4S2

Province Laws (Hesolves, etc.). — 1750-51. [Chaps. 183-186.]

Also the Sum of twenty five pounds Eighteen Shillings expended
by him for fire wood the last Year

As also the Sum of Seventeen pounds Eight Shillings which Sum,
He has advanced for firewood the present Year. [Passed February 7.'

CHAPTER 183.

ORDER ALLOWING £750 TO THE JUDGES.

Legislative
Records of the
Council, xix.,
283. Mass.
Archives,
xliii., 401.

House Jour-
nal, p. 151.

Ordered, That the Sum of Seven hundred & fifty pounds be
allowed to be paid out of the publick Treasury to the honourable
the Justices of his Majestys Superiour Court of Judicature, Court
of Assize and General Goal Delivery, for their Service for one Year,
ending the first of January last. [Passed February 7.

CHAPTER 184.

Legislative
Records of the
Council, xix.,
283.

House Jour-
nal, p. 151.
Infra, chap.
185.

ORDER ALLOWING £22 TO THE SECRETARY.

Ordered that the Sum of Twenty two Pounds be granted & 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 of December last. [Passed February 7.

CHAPTER 185.

Legislative
Records of the
Council, xix.,

283.

House Jour-
nal, p. 151.
Supra, chap.
184.

ORDER ALLOWING £100 TO THE SECRY.

Ordered that the Sum of one hundred Pounds be granted &
allowed to be 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 February 7.

CHAPTER 186.

ORDER ALLOWING £250 TO THE PRES^ OF HARVARD COLLEGE.

Legislative
Records of the
Council, xix.,

283. Mass.
Archives,
Iviii., 364.

House Jour-
nal, p. 151.

Ordered, That the Sum of two Hundred & Fifty pounds be

granted and allowed to be paid out of the publick Treasury to the
Eeverend Edward Holyoke, President of Harvard-College over and
above the Rents of the Massachusetts Hall, for one Year, ending
the tenth of September next, to be paid Quarterly. [Passed Feb-
ruary 7.

* The date of final action in the Council is given in Mass. Archives as January 7, but
as it passed the House Janunry 81 the date is evidently intended for February 7 ; according
to Legislative Records of the Council the date is February 1.

[3d Sess.] Province Laws {Resolves, e^c.). — 1750-51. 483

CHAPTER 187.

ORDER ALLOWING £85. 6. 8 TO THE TREAS^.

Ordered that the Sum of eighty five Pounds, six Shillings & eight Rlfordg^of the
pence be granted & allowed to be paid out of the publick Treasury Councu.xix.,^

to William Foye Esq' Treasurer & Eeceiver General of his Majesties ^^

Revenues of this Province for one Year ending the second day of j^u"^® '/^i'^'"'
January last. [^Passed February 7. infra, chsiv.

CHAPTER 188.

ORDER ALLOWING £101. 6. 8 TO THE TREASURER. Legislative

Records of the

Ordered that the Sum of One hundred & one Pounds six shillings 283.
& eight pence be granted k allowed to be paid out of the publick House Jour-
Treasury to William Foye Esq'' Treasurer &c in Consideration of st^m/chap.
his extraordinary Services &c. [Passed February 7. ^^'*-

CHAPTER 189

ORDER ALLOWING 1/ 4 PER DIEM TO THE SPEAKER.

Ordered that there be granted & allowed to be paid out of the Legislative
publick Treasury the Sum of one shilling & four pence ^ diem, to councn!$ix!|^

the Hon^'^ Thomas Hubbard Esq"" Speaker of the House for every !?!:

day of his Attendance in the General Court from the opening of House Jour-
the Sessions on the 31^*^ of May 1750, over & above his Pay as a ** '^'
Member of the House. [^Passed February 7.

CHAPTER 190.

ORDER ALLOWING £100 TO THE CLERK OF THE HOUSE.

Ordered that there be granted & allowed to be paid out of the Legislative
publick Treasury to Rowland Cotton Esq^ Clerk of the House, ^^^^ctf.xix.f
the Sum of One hundred Pounds for his Service in that trust 284.
for the present Year. \^Passed February 7. House Jour-

CHAPTER 191.

ORDER ALLOWING £100 TO D» WIGGLES WORTH.

Ordered, That there be granted and allowed to be paid out of the Legislative
Publick Treasury to the Reverend D^ Edward Wigglesworth, Holli- counclf, xix^f
sian Professor of Divinity, at Harvard-College in Cambridge, the 284. Mass.

484

Province ljAW8(Besolves, etc.). — 1750-51. [Chaps. 192-195.]

Archives,
Iviii.,363.

House Jour-
nal, p. 152.

Sum of One hundred pounds as a Gratuity, in Consideration of his
faithful Discharge of that great and imj)ortant Trust reposed in him,
and for his further Encouragement therein. [Passed February 7.

CHAPTER 192.

Legislative
Records of the
Council, xix.,
284. Mass.
Archives,
Iviii.,363.

House Jour-
nal, p. 152.

ORDER ALLOWING £50 TO JN« WINTHROP, ESQ«.

Ordered that there be granted and allowed to be paid out of
the publick Treasury to John Winthrop Esq'' Hollissian Professor
of Mathemeticks at Harvard College in Cambridge the Sum of
fifty pounds as a Gratuity in Consideration of his faithful Dis-
charge of that Trust reposed in him, and for His further Encour-
agment therein. [Passed February 7.

CHAPTER 193

ORDER ALLOWING £11 TO THE CHAPLA^ OF THE COURT.

Legislative
Records of the
Council, xix.,
284. Mass.
Archives,
xiii., '234.

House Jour-
nal, p. 152.

Ordered, that there be allowed and paid out of the Publick Treas-
ury the Sum of Eleven pounds, one half to the Reverend Chaplain
of the honourable Board the present Year, the other half to the
Reverend Ellis Gray the Chaplain of the house for their respective
Services the present Year, [Passed February 7.

CHAPTER 194.

Legislative
Records of the
Council, xix.,

284. Mass.
Archives,
xlix., 304.

House Jour-
nal, p. 152.

ORDER ALLOWING £100 TO THE DOORKEEPER.

Ordered, that there be allowed and paid out of the Publick Treas-
ury the Sum of One Hundred pounds to M'' William Baker, Door-
keeper to his Excellency the Governour and this Court, in full for
his Service for One Year. [Passed February 7.

CHAPTER 195

ORDER ALLOWING £106 TO THE COMIS^ GENERAL.

Legislative
Records of the
Council, xix.,
284.

House Jour-
nal, p. 152.

Ordered that there be granted & allowed to be paid out of the
publick Treasury the Sum of One hundred & six Pounds to John
Wheelwrigh[t] Commissary General &c for his extraordinary Ser-
vices the Year past. [Passed February 7.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 485

CHAPTEE 196.

ORDER ALLOWING £60 TO THE CHAPLAIN OF THE CASTLE. Legislative

Records of the
Council, xix.,

Ordered that there be granted & allowed to be paid out of the 284. Mass.
publick Treasury the Sum of Sixty pounds to M' John Phillips xMx.,'303!

Chaplain of His Maj^^ Castle W"" as a Gratuity for his Service in House Jour-
that Trust for three Years past including the present Year. \^Passed ^^^' p- ^^^'
February 7.

CHAPTER 197.

ORDER ALLOWING £54 ADDITIONAL TO THE COMISS^ GENERAL. Legislative

Records of the
Council, xix.,

Ordered that there be granted & allowed to be paid out of the '^

publick Treasury the Sum of Fifty Four Pounds to John Wheel- House Jour.
Wright Esq'' Commissary General for his extraordinary Services &c. supra, chap,
the Year past. [Fussed February 7. ^^^-

CHAPTER 198.

ORDER INCREASING THE GARRISON OF THE FORT AT S'^ GEORGES

RIVER.

A Petition of Capt. Jabez Bradbury Commander of the Fort ^•'^'^!?**^f,v.

nt /-I -r>- li- c lii T-v 1 -TT-i, •111 Records of the

at b' Georges Kiver, setting forth the Danger the said Jb ort will be Council, xix.,
in, in the Spring & Summer ensueing, by reason of the Weakness Archives^"
of the Garrison, & praying that this Court would provide for the ixxiii., 757.
enlargement of said Garrison. J^tass.

.p, ° , , Archives,

Kead and ixxiii.,756.

Ordered that there be an Addition of four effective Men upon naiypp^^LSMss-
the Usual Establishment for the Protection of the within men- ^w«e, p 423,
tioned Fort And that His Hon'' the Lieu* Gov"" be desired to give ^ ^^'
his Orders accordingly. [Passed February 7 .

CHAPTER 199.

ORDER IMPOWERING THE PROVINCE TREASURER TO PAY CAPT EPH.
WILLIAMS THE AMOUNT OF HIS SOLDIERS WARRANTS.

A Petition of Capt Ephraim Williams of Fort Massachusetts, Legislative
setting forth that divers of his Soldiers have agreed with the counclf, xix^,^
Comm*'^'' of this Court, appointed to grant out Lots in the New '^'^■^^If-
Township at Hoosuck for Lots there & depend on their Wages for ixxiii., 762.
Payment of the Charges thereon, and for as much as his Muster Mass.
Roll is made up & pass'd for payment, and there is no Money in xl^vx.^ih.
the Treasury for paying the Same, praying that the Comm*'''' may ^^^^'^^^^\^
be directed to take the said Soldiers Orders on the Treasurer & pay ^Anti^i- 3V9,
the Sums due-thereon. ^'^^p- '^'^•

Read and

486

Province Laws (^Resolves, etc.). — 1750-51. [Chaps. 200, 201.]

Ordered that the Comm®® for admitting Settlers in the West New
Township at Hoosuck be and they hereby are directed and impowered
out of the Moneys which they shall recieve from the said Settlers
to pay the within named Williams the money due on said War-
rants. He delivering the Warrants to the said Committee with
proper Orders on the Treasurer to discount the Same with them.
And the said Committee are also allowed to Admit as many of the
Soldiers at Fort Massachusetts as Settlers, as they shall Judge proper.
\^Passed February 7.

Legislative
Records of the
Council, xix.,
297. Mass.
Archives, xiii.,
165.

House Jour-
nal, p. 159.
Ante, p. 425,
chap. 42.

CHAPTER 200.

RESOLVE DEFINING THE POWERS OF THE COLLECTOR OF THE SALARY
OF REV^' M« ROGERS.

Whereas this Court on the 22'^ of June last, in answer to the
Petition of the Rev^ M' John Rogers of Boxford, pass'd an order
impowering & directing M"" Benjamin Porter of said Town to col-
lect the Sum Total of an assessment which by the Court of General
Sessions of the Peace for the County of Essex, was (on the fifteenth
of November 1748,) order'd to be made on the first Parish in said
Town, for the use of the Petitioner; and whereas a Doubt has arisen
(with relation to the extent of the Power thereby given to the said
Benjamin Porter) whether he be thereby authorized, in any case,
to seize the Body or Bodies of such assessed Person or Persons as
refuse or neglect to make Payment, & him or them to commit to
Goal, there to remain untill Payment shall be made

Wherefore,

Resolved^ that the Power given to the said Benjamin Porter by
the Order aforesaid, was intended to extend to and include a Power
(without further or other Warrant) of apprehending & committing
to Goal, such Person and Persons (assessed as aforesaid) who should
refuse or neglect to pay the Sum or Summs assess'd on them respec-
tively (in case no Goods or Chattels be found, whereon to make Dis-
tress;) as fully to all Intents & Purposes as any Constables (by force
of any Warrant) are by Law vested withal ; and that the said Order
shall be pursued & put in Execution accordingly. \^Passed Feb-
ruary 8.^

CHAPTER 201.

VOTE AB^ THE ASESSM'ts ij^ SALEM IN THE YEAR 1749.

Legislative
Records of the
Council, xix.,

286.

Mass.

Archives, ex v.,
602-604. House
Journal, pp. 85,
1.34, 156, 157.
Ante, p. 422,
chap. 36; p. 432,
chap. 61.

It APPEARING that the Assessors of the Town of Salem in mak-
ing their Assessments for the Year 1749, estimated the Capital
Stock any Person had in Trade, Money at Interest and the law-
full Interest of such Money, and Real Estates what they might be
sold or or ^ lett for at Six Years Income «& the Yearly produce of
such Real Estates, & from a Misapprehension of the Law for mak-
ing Assessments, and contrary to the Practice of other Towns, raised
the Taxes laid on said Town accordingly upon all of them, whereby
great inequality arises to many Persons in said Town, wherefore

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is February 16.
2 Sic.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 487

Resolved that the said Assessments be and hereby are declared,
unlawful void, & of none Effect, & the Constables to whom the
Warrants have been given for collecting the Same are hereby for-
bidden to proceed any further in Collecting said Assessments; And
they are hereby required forthwith to pay into the Treasurer of said
Town of Salem, ail such Moneys as they have received in Conse-
quence of such Warrants, Avhether of Province, Town or County
Taxes, and to deliver up to the Treasurer their respective Lists with
Credit to each mans Name of what he has paid

Resolved further and it is hereby

Ordered that the surviving Assessors of said Town for 1749, or
the major part of them, be »& hereby are impowered & directed to
assess the then Inhabitants & Estates of said Town anew, for all
Taxes lawfully sett on them for that Year, by the valuation List,
then taken, except where any Alteration happened in any Persons
Estate between the Time of giving in the Valuation, and the time
when the Taxes were made in 1749 and that in making the said
Assessments they proceed according to the following Kules & Direc-
tions, as agreable to Law, viz' that they assess the Polls according
to the Tax Act in 1749, and estimate Houses & Lands k other real
Estate at Six Years Income, which they may be reasonably set or
let for in the Places where they ly, which only is to be assessed
and not the Yearly produce thereof And all Stock of Creatures
agreable to said Act, also the Interest of Money let and not the
Principal. And in as much as the Parties in said Town con-

tending about said Taxes, at a Meeting of said Town on the fourth
Instant, Agreed & Desired that this Court would enforce their Agree-
ment viz. that one fifth Part only of all Proffits by Commis-
sions or otherwise, where there is no Stock should be assessed. And
that trading Stock, Shipping or other rateable Personal Estate (ex-
cepting Money at Interest) should be likewise Assess'd for one fifth
Part of the true Value thereof, without accounting the Income or
Proffits of the Same It is

Resolved likewise that the Assessors being first Sworne, be and
they hereby are impowered & directed to conform to said Agree-
ment in making said Assessment anew as aforesaid And the
said Assessors are further impowered & directed forthwith to make
& Commit perfect Lists of such Assessments to the surviving Con-
stables or Collectors of said Town for 1749, together with John
Young jun'' a Constable of said Town the present Year, being first
Sworne, with Warrants to Collect the Same, as they were impow-
ered by Law in 1749, & to make such return to the Province Treas-
urer as is required in his Warrant for the same Year, and also make
return to the County & Town Treasurers, and the Constables afore-
said are alike required & impowered to receive said Lists & collect
said Taxes & account for them agreeable to Law And the Province
Treasurer is hereby required to send new Warrants to the Consta-
bles aforesaid to collect & pay the Province Tax into the Treasury
on or before the last Day of March next, and that the Assessments
for Town & County Charges be paid into the respective Treasuries
by the same Time, And if any Person or Persons shall have paid
the whole of his or their Tax, by Means of the former Assessment,
It shall be discounted, and if more it shall be paid out of the Town
Treasury, And that the Assessors & Collectors aforesaid be & hereby
are Subjected to the Same Penalties for neglect in assessing or col-
lecting respectivly as they would have been for neglect that Year,

4:88

Province Laws {Resolves^ etc.), — 1750-51. [Chaps. 202, 203.]

And the late resolve of this Court, respecting the Taxes of said
Town in 1749, is hereby declared to be of no further effect. \^Passed
February 8.

CHAPTER 202.

Legislative
Records of the
Council, xix.,

•288. Mass.

Archives,

lxxxvii.,66.

House Jour-
nal, p. 156.

ORDER ALLOWING £8 TO GEO. COMBS.

A Petition of George Combs in the County of York, shewing
that on the M"^^ of June last his dwelling House was burnt down
& therein was consumed Sixty Pounds Value in Bills of this Prov-
ince of the Old Tenor, belonging to the Petitioner, praying that
he may be reimbursed that Sum, by Order of this Court upon the
Province Treas""

Eead and

Ordered that the Prayer of the Pet" be granted And that there
be paid out of the Publick Treasury to Jabez Fox Esq'' Eight pounds
for the Use of the Petitioner accordingly. \^Passed February 8.

CHAPTER 203.

Legislative
Records of the
Council, xix.,

288. Mass.
Archives,
xxxii., 100.

Mass.
Archives,
xxxii., 103-100.
House Jour-
nal, pp. 139, 15-2,
153.

VOTE APPOINTING A COMMITTEE ON THE AFFAIR OF THE IND^ OF
THE SIX NAT« SETTLING IN THIS PROVINCE.

In the house of Representatives

Whereas a Considerable Number of the Indians of the Six Nations
are now at Stockbridge and are come Avith an Intent to Settle within
this Province,

In Order therefore to Encourage so good a Design.

Voted that Josiah Dwight Esq"" and Cap' John Ashley with such
as the Honourable Board shall appoint, be a Committee to treat
with said Indians and be accountable to this Court for their pro-
ceedings therein, and to this End that there be granted and paid
out of the Treasury to them the Sum of One hundred & twenty
five pounds to be laid out, for the support & encouragement, of such
Indians as are now there, or shall here after Join them, in the Course
of a Year, at the discretion of the said Committee. And be given
them as a mark of Friendship from this Government on their first
coming to Settle among us.

That the Committee aforesaid be directed to Conferr with said
Indians about their setling among the English and of some proper
place that shall best accomodate them

That in Case they should pitch upon any part of the unappro-
priated Lands of the Province said Committee be directed and Im-
powered to Survey a Tract of Land of the Contents of Four Miles
square and return a platt thereof to this Court as soon as may be.

That in Case they should preferr the Lands Commonly called the
Hop Lands, in the Township of Sheffield NEast Of Stockbridge
said Committee be impowered to Conferr with the Owners thereof
by proposing to give in Exchange therefor, some of the unappro-
priated Lands of the Province.

That Whatever Land shall be finally determin'd on by this Court
for the use aforesaid, said Committee in the Survey thereof make a

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 489'

reserve of one hundred acres for tlie use of the Missionary and two
hundred acres more for the use of the School.

That in Case the Indians of the six Nations who are already come
to Stockbridge or any others that may hereafter come, will go, dwell
upon, and Improve the Lands that may be finally determin'd on, by
this Court for them, for ten Years, that at the Expiration thereof
the said Lands be Confirmed to them and to their heirs forever Pro-
vided the same do not exceed one hundred acres to each Family, &
that it shall not be hereafter alienated to any English person with-
out the approbation of the General Court, and in case the whole
Quantity laid out shall be more than sufficient to accomodate the
Indians as aforesaid, the remainder shall lie to be disposed of as
the General Court shall hereafter order.

That as a further Encouragement there be granted and paid to
the Commissioners of the Corporation in London for propagating
the Gospel in New England and parts adjacent the Sum of Two
hundred pounds to enable them to build a Meeting house and
School house for the use of said Indians, on Condition that said
Commissioners will apply a suitable and sufficient part of the Stock
they have in their hands for the maintainance of a Missionary and
some suitable person as Schoolmaster and will send them among
them, to Instruct them in Reading and Writing & in the Principles
of the Christian Religion.

And Finally these things being accomplish'd. That the whole affair
be subjected to the Care of the Commissioners aforesaid ; they to render
an account of their proceedings herein to this Court annually.

In Council Read & Concurr'd & Joseph Pynchon Esq"" is joined
with the Committee of the House on the Affairs above mentioned.
\^Passed February 8.

CHAPTEK 204.

ORDER GRANTING TO EBEN, BOWMAN LICENSE TO KEEP A TAVERN.

A Petition of Ebenezer Bowman, shewing that he has lately Legislative
purchased a House in the second Precinct in Cambridge, where councif xix^*^

James Cutler lately dwelt, which has for many Years been used '^^

for a Tavern, that the Petitioner is approved of by the Select men House Jour-
of Cambridge for that Bussiness, and therefore praying that this ^^'^^
Court would impower the Court of General Sessions of the Peace
for the County of Middlesex at their next term to grant him a
Licence.

Read (together with Certificates of the Approbations of the Select
Men of Cambridge & Lexington) &

Ordered that the Justices of the General Sessions of the Peace
for the County of Middlesex be allowed & impowered to grant the
Petitioner a Licence till July next, the time for granting Licences
being elapsed notwithstanding, [Passed February 8.

-190

Province Laws {Resolves, etc) . — 1750-51. [Chaps. 205-207.]

Legislative
Records of the
Council, xix.,
2S9. Mass.
Archives,
xxxii., 67.

Mass.
Archives,
xxxii., 66.
Legislative
Records of the
Council, xviii.,
43. House
Journal, p. 156.

CHAPTER 205.

ORDER IMPOWERING ELISA. WEDGES, INDIAN, TO SELL LAND.

A Petition of Elisabeth Wedges ' of Natick, Indian, praying for
Liberty to sell four Acres of Land in Natick to discharge Expences
in Doctors &c occasioned by breaking her Leg (with the Approbation
of the Indian Guradians ' under their Hands)

Eead and

Ordered that the Guardians of the Natick Indians be, and they
hereby are Allowed & Impowered to make sale of the Land within
mentioned for the Most the same will sell for, They Applying the
produce thereof Agreable to the prayer of the Within Petition.
[Passed February 8,

CHAPTER 206.

ORDER ALLOWING £10 TO KEZIAH BAILEY.

Legislative
Records of the
Council, xix.,
302. Mass.
Archives,
Ixxiii., 751.

Mass.
Archives,
Ixxiii., 750.
House Jour-
nal, pp. 131, 159.
Ante, p. 385,
chap. 311.

A Petition of Keziah Bailey, Widow of Capt Israel Bailey late
of Bridgewater dec*^, shewing that her Husband in his Life time
liad represented to this Court his Sufferings by Reason of Sick-
ness contracted while he was in the Service of the Province, in the
Expedition against Cape Breton & the Court were pleased to grant
him £30 in Bills of the Old Tenor, which by reason of her Hus-
bands Death Soon after, is not yet drawn out of the Treasury, and
for as much as he has left a Number of helpless Children, and died
of a Sickness gotten by his hard Service therefore praying for a
further Allowance.

Read and

Ordered that there be granted and allowed out of the publick
Treasury to the Pef for the relief of her Self and her Children,
the Sum of ten pounds (including the Two pounds thirteen Shil-
lings and four pence heretofore granted to the within named Israel
Bayley Dec'd but not yet recieved). Provided the said Keziah the
Pet'' give proper Caution to the Judge of Probate for the County
of Plymouth. That she duely distributes the Same. [Passed Feb-
ruary 8.^

CHAPTER 207.

ORDER APPOINTING A COMMITTEE FOR EFFECTING REPAIRS AT THE

PROV«^'= HOUSE.

Legislative
Records of the
Council, xix.,
290. Mass.
Archives,
xlix., 306.

House Jour-
nal, pp. 1.50, 160.

In the House of Rep^'^^

It appearing that the Roof of the Province House is so defective
as that it is absolutely necessary to have a new one.

Also that the Front Gate and Fence is so far decayed as not to
admit of repair: and that the Back Garden Fence and the Fence
about the Stables want considerable repairs; besides several other
more minute Articles in and about the House. Therefore

' The House Journal, p. 156, reads, "Hedges."
- Sic.

^ This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is February 21.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 491

Ordered that M'' Speaker and M' Allen with such as the Hon^'*
Board shall appoint be a Comm"''' to Cause said Repairs (and any
other matters necessary) to be effected in the cheapest and best
manner as soon as may be

In Council Read & Concurd & Jacob Wendell Esq"" is Joined in
the Affair. \^Passed February 9.

CHAPTER 208.

ORDER ALLOWING £30 TO RICH^ SALTONSTALL & STEPH SEWi-, ESQ^^,

A Memorial of Richard Salstonsall & Stephen Sewall Esq^ two Legislative
of the Justices of the Court of Asize &c praying for an Allowance councif xix ''^
for their extraordinary Service in attending a special Court of Asize 290. Mass.
at York, the last Winter for trying Prisoners committed for killing xim.,'400!
an Indian at Wiscasset Mass

Read and xmL^si:

Ordered that the Sum of thirty pounds be granted and paid out House Jour-
of the publick Treasury to the Memorialists in equal proportion, Snie^p'/lso,^''^'
in consideration of their Service within mentioned. \^Passed Feb- chap. 165.
ruary 9.

CHAPTER 209.

ORDER ALLOWING £44 TO LIEU^ j^o lARABEE.

A Petition of Lieu"^ John Larrabee setting forth his Extraor- Legislative
dinary Expence & Trouble, particularly advancing his own Money councn! xix!!*
for victualling the Garrison at Castle William, praying for some 290. Mass.
Allowance out of the publick Treasury for an Allowance for the ixxiii., 760.

Same Mass.

"Rpflfl mif1 Archives,

iteaa ana ixxui., 759.

Ordered that the Sum of forty four pounds be allowed and paid House Jour-
out of the publick Treasury to the within named Memorialist as a '^^•pP" •
Gratuity in consideration of his great care in faithfully discharging
the Trust reposed in him ; and of his large advances of Money for
the Supply of the Garrison. [^Passed February 9.

CHAPTER 210.

ORDER WITH STAY OF PROCEEDINGS APPOINTING A COMMITTEE ON
THE PETITION OF THE TOWN OF EASTON IN REGARD TO A MEET-
ING HOUSE.

The Comittee to whom was referred the Petition of the Town Mass.
of Easton haveing heard the Parties and fully Considered the Same. ^^^^'^^^' ^"'•'
Report as their Opinion : That a Comittee of this Court be Sent to House Jour-
the Town of Easton to View their Circumstances Hear the Parties nai, pp. 1^,164.
concerned And ConSider what may be proper for this Court to do ch"ap'.i46. '
Relateing to the fixing a place to Erect a meeting house on for the
publick Worship of God in S"^ Town And Make report At the next

492

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 211, 212.]

Session of this Court And All proceedings as to Building a meet-
ing house in Said Town to be Stayed in the Mean time

The Charge of the Comittee to be born as this Court Shall
Order. by order of y® Comittee

John Hill

In Council Eead and

Ordered That this Keport be and hereby is accepted and That
James Minot Esq'' with Such as the Hon^'® House Shall join, be a
Comm®'' for the Purpose within mention'd,
In the House of Eep'^<^^

Read and Concurrd and Cap' White and Col" Clap are Joyned in
the Affair, \^Passed February 12.

CHAPTER 211.

VOTE DIRECTING THE TREASURER TO REMIT £500 TO M» AGENT

BOLLAN.

Becords'of the Voted that the Treasurer be directed, in the best Manner he can
Council, xix., to transmit to M'' Agent Bollan the sum of Five hundred Pounds

' — '- Sterling, in order to enable him to manage the publick Affairs of

na^i!'ppS!"i65. the Province at the Court of Great Britain. [Passed February 12.

CHAPTER 212

VOTE APPOINTING MANAGERS OF THE GOVERNMENT LOTTERY.

Legislative
Records of the
Council, xix.,
292. Mass.
Archives,
Ixxxviii., 8.

Mass.
Archives,
Ixxxviii., 9.
House Jour-
nal, p. 165.
Province
Laws, iii., 539,
chap. 16.

The FOLLOWING Persons were this day chosen by the major Vote
of the Council & House of Rep""^^ to be Managers or Directors for
preparing & delivering out Tickets & to oversee the Drawing of
Lotts in the Lottery & to order & do such other Matters & things
as are directed & appointed by the Act for Supplying the Treas-
ury with the Sum of twenty six thousand seven hundred mill'd Dol-
lars, viz'

Joseph Richards Esq''
M'' James Russell

Samuel Watts Esq""
Tho^ Hutchinson Esq'' '
M"" Harrison Gray
\Passed February 12.

* "At a Council held at the Council Chamber in Boston upon Thursday the H"" of
February, 1750.

Whereas Thomas Hutchinson Esqi" was chosen a Director or Manager of the Govern-
ment's Lottery & approved of by the Lieut' Governour, but has since declined to take that
Trust upon him And whereas in such Case the Power of appointing another Director

or Manager is devolved upon the Lieu' Governour & Council,

Ordered that John Quincy Esqi" be and hereby is appointed a Manager or Director of
said Lottery in the room of said Thomas Hutchinson Esq'

S Phips." — Mass.
Archives, Ixxxviii., 9.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 493

CHAPTER 213.

ORDER DIRECTING THE SELECTION OF A JURY IN MIDDLESEX COUNTY
TO TRY THE CAUSE IN BRISTOL COUNTY REFERRED TO IN THE
PETITION OF GOV. BELCHER.

On the Petition of His Excellency Governour Belcher, \ante, Legislative
p. 402, chap. 353] ^^Sxi^f

Read together with the Answer of Sylvester Richmond Esq' & Archi^^es^^'
the Matter being considered, xivi., 217.'

Ordered that [the ClJ'erk of the Superiour Court of Judicature, Mass. '

Court of Assize and General Goal Delivery at the Time of sending xivL'218!
forth Venires to the several Towns in the County of Bristol for the House Jour-
next Superioiir Court in said County, be directed and impowered AntF,v.do,
also to send Venires to the Towns in the County of Middlesex, re- *^^^p-^^-
quiring them to api^oint a sufficient Number of Jury men to attend
the s*^ Court, for the Trial of the Cause refer'd to in said Petition,
at the next Session of said Court at Taunton in & for s^ County of
Bristol, & that the Towns be required to appoint, & the Jury men
[to attend under the Same Penalties as] ^ in ordinary Cases, And in
Case of Challenge or Failure otherwise, that the Xumber wanting
be Supplied out of the other Inhabitants of said County of Middle-
sex: And the Trial of the aforesaid Cause, & all Proceedings conse-
quent on such Trial, shall be deemed & held as valid to all Intents
& Purposes, as if the Jurors in said Cause had been Inliabitants of
the County where the Lands ly: And the Justices of said Court are
hereby impowered in taxiiig the Bill of Cost to make svich Allow-
ance to the aforesaid Jurors in proportion to their extraordinary
Travel, as the Justices shall think reasonable. [^Passed February IS.

CHAPTER 214.

ORDER IMPOWERING JOS. & LYDIA RUSSELL, ADMINISTRATRIX, TO SELL

LAND.

On THE Petition of Joseph & Lydia Russell, [^nnte, p. 449, ^^^'^|?*^'^fjj^

chap. 103] Council, xix.,

Read & "^

Ordered that the Prayer of the Petition be so far granted as that Archives
the said Joseph & Lydia Russell, in her said Capacity be, and they xviii., 742.
hereby are authoriz'd & impowered to make Sale of so much of the nai, pp. 144, lee.
real Estate of the said Nath' Gerrish dec*^ as shall be least prejudi- Laws^ii^ m,
cial to said Estate »& as shall be sufficient to discharge the Accompts chap.'io.' Wite,
mentioned in the Petition, together with the Charges that may arise io3. ' ^ ^^'
in & about the Sale, and they are enabled to give a Good & sufficient
Deed or Deeds in the Law for the Same, and in proceeding thereon
to observe the directions of the Act of this Province of the sixth
Year of the Reign of King George the first relating to the Sale of
real Estates, the said Adminisf" to be accountable to the Judge of
Probate for the County of York for any Overplus that may be con-
cerning the same. \^Passed February 13.

1 MS. mutilated. Inserted from Legislative Records of the Council, xix., 293.

49J:

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 215-217.]

CHAPTER 215.

ORDER ALLOWING £20 ADDITIONAL TO JOS« WILLARD.

Legislative
Records of the
Council, xix.,
293. Mass.
Archives,
xlix., 313.

Mass.
Archives,
xlix., 311.
House Jour-
nal, p. 167.
Ante, p. 482,
chaps. 184, 186.

A Memorial of Josiah Willard Esq'' Secretary of this Province,
setting forth the insufficiency of the Proffits of his Office for the Sup-
port of liimself & Family, and praying for an additional Allowance.

Kead and

Ordered that there be granted and allowed to be paid out of the
publick Treasury to the Memorialist Josiah Willard Esq"" the Sum of
twenty pounds in addition to the Grant made him the fifth Curr'' in
consideration of his Extraodinary Services &c. \^Passed February 13.

CHAPTER 216.

ORDER FORBIDDING THE TREASURER TO PAY OUT BASE MONEY.

Legislative
Records of the
Council, xix.,
294. Mass.
Archives, cii.,
559.

House Jour-
nal, p. 168.

It appearing that some Peices of Silver called Pisterines, & also
larger & smaller Peices of the same Stamp with Pisterines being of
a baser Allay ' than Dollars have been paid out of the Treasury in
Exchange for the Province Bills ; and it being probable that there
may still remain a Mixture of such base Pieces in the Silver that
is now in the Treasury, It is therefore

Ordered that the Treasurer shall not pay out any sucli base Peices
in any Paym*-^ whatsoever; but whensoever he shall meet with any
of the same shall retain them in the Treasury for the further Order
& disposal of the Gen' Court. \^Passed February 14.

CHAPTER 217.

order extending the time FOR THE COMMISSIONERS OF INSOL-
VENCY TO RECEIVE THE CLAIMS OF THE CREDITORS OF THE ESTATE
OF ROBERT GALTON DEC.

Legislative
Records of the
Council, xix.,
294. Maes.
Archives,
xviii., 688.

Mass.
Archives,
xviii., 687.
House Jour-
nal, pp. 124, 126,
137, 138, 149, l.-iS,
159, 160.

A Petition of Elijah Collins Adminisf of the Estate of Robert
Galton dec'' shewing that the Estate being represented Insolvent,
Commissioners were appointed to examine the Claims of the Cred-
itors, that their Time allowed by Law is now expired and yet divers
of the Creditors have not given in their Claims, & therefore pray-
ing that the. Commissioners Term may be lengthned out.

Read and in Answer hereto

Ordered that the Judge of Probate for the County of Suffolk be
allowed and impowered to permitt the Commissioners within Men-
tioned to Sitt two Months from this time to recieve the Claims of
the Creditors to the Estate of the withinnamed Robert Galton Dec'd.
\^Passed February 14.

1 Sic.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 495

CHAPTEE 218.

ORDER ALLOWING £4 TO SAM^- WINTHROP.

A Petition of M' Samuel Winthrop one of the Clerks of the Legislative
Superiour Court of Judicature &c. praying for an Allowance from counclf, xlx*!*^
this Court for his Time & Trouble in attending the special Court at |*5- Mass.
York, for trying the Persons charged with the Murther of an Indian xmi.,lo5.'

at WiscaSSet. House Jour-

Read and _ "^I^^i^-

Ordered that there be granted and paid out of the publick Treas- chap. iH.i;

ury the Sum of four pounds to the Pet' in consideration of the Ser- ios. ' ^ ''^'

vice abovementioned. [Passed February 14.

CHAPTEK 219.

VOTE REFER« TO THE SILV & COPPER BRO'T IN BY TAXES.

Whereas there is a considerable part of the Taxes paid into the Legislative
Province Treasury in Silver and Copper, by means whereof those councif.xix!!*'
Bills that would have been brought in by way of Tax, will be 294. Mass.
brought unto the Committee app"*^ for exchanging the Money &c 558.

Therefore House Jour-

Voted that the Province Treasurer be and hereby is directed to pro^ince^'
pay out such Silver and Copper as is or may be brought into the Laws, m., 430,
Treasury by the several Constables or Collectors to Answer the chap. 8; 493, '
Orders drawn by said Committee in the same Manner and within chapi-if'^nte
such time as is provided for by the several Acts of this Govern- p. 449, chap,
ment for the redeeming the Bills of this Province. [Passed Feb-
ruary 14.

CHAPTER 220.

ORDER IMPOWERING JOHN EPHRAIM, INDIAN, TO SELL LAND.

A Petition of John Ephraim of Natick Indian, praying for Legislative
Liberty from this Court to sell Twenty Acres of unimproved Land councJi^ xi^!^^'
he owns in Natick for paying oif Debts he has contracted by means 296. Mass.
of Sickness in his Family, for finishing his House & Barns, and for xxxii., 87.
purchasing a Peice of Land necessary for carrying on his Husban- Legislative
dry with a Certificate from the Guardians of the Indians, counclf.xiiii^,

Signifying their Approbation of the proposed Sale for the Use ^. House '
abovementioned {January,'

Head and mt>);pp.i69,

Ordered that the Prayer of the pef be granted and the Pef is
allow'd and impowere'd (with the advice and assistance of the
Guardians of the Natick Indians) to Sell the twenty Acres of
Land withinmentioned to Such person as Shall give most for the
Same; That the Produce thereof be applied for the purposes men-
tioned in the Pet°, and that the Said Guardians be accountable
therefor to this Court. [Passed February 15.

496

Province Ij aw s, {Resolves, etc.) . — 1750-51. [Chaps. 221-223.]

CHAPTER 221.

Legislative
Records of the
Council, xix.,
296.

Legislative
Records of the
Council, xix.,
285. House
Journal, p. 158.
Province
Laws, iii., 544,
chap. 16; 561,
note.

ORDER ALLOWING £80 ADDITIONAL TO THE LIEU'' GOV«.

Ordered that there be granted & allowed to be paid out of the
publick Treasury to His Honour the Lieu*^ Governour & Commander
in cheif the Sum of Eighty Pounds over & above the Grant made
his Honour the fifth Current, in Consideration of his past Services,
& further to enable him to manage the publick Affairs of the Prov-
ince. \^Passed February 15.

CHAPTER 222.

Legislative
Records of the
Council, xix.,
296. Mass.
Archives,
xxxii., 86.

Mass.
Archives,
xxxii., 86.
House Jour-
nal, p. 170.

ORDER IMPOWERING JOS. COMMECTO, INDIAN, TO SELL LAND.

A Petition of Joseph Commecto of Natick Indian praying for
Liberty to sell Twenty Acres of Land in said Place belonging to
him, for the payment of his Debts, finishing a Barn erected by him,
purchasing some Meadow there & building a dwelling House if the
Produce should be sufficient, which was approved by the Indian
Guardians.

Read and

Ordered that the Prayer of the pet" be granted and the Pet' is
allowed and impowered (with the Advice and assistance of the Guar-
dians of the Natick Indians) to Sell the twenty Acres of Land within
mentioned to Such Person as shall give most for the Same ; That the
Produce thereof be applied for the Purposes mentioned in the peti-
tion. And that the Said Guardians be accountable therefor to this
Court. \^Passed February 15.

CHAPTER 223.

ORDER ALLOWING £2 TO EDW" MANCHASTER.

Legislative
Records of the
Council, xix.,

298. Mass.
Archives,-
Ixxiii., 732.

Mass.
Archives,
Ixxiii., 732.
House Jour-
nal, pp. 126, IM.
Ante, p. 345,
chap. 205.

A Petition of Edward Manchaster of Dartmouth a Soldier in the
late Expedition against Cape Breton, shewing that he continues still
a Cripple by the Wounds he received in tlie said Expedition, and
is disabled from supporting himself, therefore praying for further
alloAvance from this Court.

Read and

Ordered that the Pef be allowed out of the publick Treasury Two
pounds in consideration of his Sufferings within mentioned. \Passed
February 16.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 497

CHAPTER 224.

ORDER GRANTING 190 ACRES OF LAND TO CAPTAIN WILLIAMS, ON
CERTAIN CONDITIONS.

The Comm'^^'^ to whom was refer'd the Petition of Ephraim Wil- Legislative
liams Captain of Massachusets Fort prefer'd to this Court in Jan- Council, xix.,
uary last, having viewed the Land petitioned for & being really of Archiv^es?iix.,
Opinion that it would be of great Advantage to the Province as 352.
also Encouragement to the Settlers of the Towns lately laid out, House Jour-
one of which the Fort stands on, that a Good Grist Mill be built m.' ^]in<e!' ^™'
in some suitable Place in said Township, Therefore report as their \^^^^' ^^^'^'
humble Opinion, that there be a grant of One hundred & ninety
Acres of the Land petitioned for, made to the Petitioner, his Heirs
& Assigns for ever, the Comm*'^'^ apprehending it would be of Ad-
vantage to the Governm* to reserve ten Acres of the Land adjoin-
ing to the Land already reserved round said Fort, for the use of the
Province. Provided he Do within the Term of two Years build
& erect a good Dam & Grist Mill on the North Branch of Hoosuck
River, which we apprehend will accomodate the Settlers much better
than in the Place petitioned for, as was proposed, And he to keep
the same in good Repair, for the Space of Twenty Years from the
time of it being erected. Provided the same should not be destroyed
by the Enemy, in case of a War happening or some other extraor-
dinary Cassualty. And the Comm***^ are of Opinion that there be a
further grant of Ten Acres more of Land at the Place he shall build
said Mill, including the Same, and that he return a Plan of said Land
by a Surveyor & Chain men upon Oath within Twenty Months from
this time, for Confirmation

All which is humbly Submitted James Minot per Order

Read and

Ordered that this Report be so far accepted as that One hundred
and Ninety Acres of the land Petition'd for be and hereby is granted
to the within named Ephraim Williams His Heirs and Assigns for
ever. Provided He doth within the term of two Years from

this time Erect and Finish for Service a Good Grist Mill and Saw
Mill on the North Branch of Hoosuck River (so called). And that
He keep the same in good Repair for the Space of twenty Years from
the time of their being Erected. Provided also that He return a Plan
of said Land by a Surveyor and Chain Men upon Oath within twenty
Months from this time for Confirmation. . [Passed Fehruary 16.

CHAPTER 225.

ORDER IMPOWERING RICH» CHASE AND THANKFULL HIS WIFE TO
EXECUTE A DEED.

A Petition of Richard Chaise & Thankfull Chaise his Wife (Ex- Legislative
ecutrix of the last Will & Testament of Samuel Berry late of Har- ^Xcff.^'x!',^
wich dec*^) shewing that the said Samuel took a Deed of Sale of |'^^^j^4^^-
John Broadbrooks, Joseph Broadbrooks, & Ebenezer Broadbrooks xviii., 717.
of a peice of Land in Harwich aforesaid & gave his Bond to the Mass.
said Broadbrooks to give a reconveyance of the said Land upon xvi*iu77i6.
their paying unto James Otis Esq"" a certain Sum of Money for House Jour-

4:98

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 226, 227.]

which the said Samuel Berry became bound with them, that the
said Broadbrooks have actually paid the Money & gotten a Dis-
charge therefore praying that the Petitioners may be impowered
by this Court to reconvey the Premisses and to take up the said
Testators Bond,

[Read &]

Ordered that the Prayer of this Pet" be so far granted as that
the above named Richard Chase and Thankful his Wife be and
hereby are Enabled to Execute a good and sufficient Deed in the
Law to y® Said John Broadbrooks Joseph Broadbrooks and Eben-
ezer Broadbrooks of the land and meadow within mentioned upon
the said Broadbrook's giving up the Counter Bond herein referd to.
[^Passed February 19.

Legislative
Records of the
Council, xix.,
300. Mass.
Archives,
Ixxiii., 741.

Mass.
Archives,
Ixxiii., 738.
Legislative
Records of the
Council,
xvii. (5), 48.
House Jour-
nal, pp. 140, 146,
171, 175.

CHAPTER 226.

ORDER ALLOWING £134 TO JN^* HENRY BASTIDE, ESQ^

A Memorial of John Henry Bastide Esq"" Director of his Maj-
esties Engineers &c. & Cheif Engineer for Nova Scotia & Newfound-
land setting forth his great Services for this Province in projecting
& directing in the building of the new Works at Castle William &
Governours Island, as also the Forts at Marblehead, Cape Ann &
Falmouth, as likewise his Services for this Province in the late Ex-
pedition against Cape Breton, praying that this Court would take
the same under Consideration & make some suitable Allowance for
them.

Read and

Voted that the Thanks of this Court be given to John Henry Bas-
tide Esq"" for his Services to this Government as within mentioned.

Voted also that the Sum of One hundred and thirty four pounds
be granted and paid out of the publick Treasury to the within named
John Henry Bastide Esq"" in consideration of the Services referd to.
\^Passed February 19.

Legislative
Records of the
Council, xix.,
301.

Mass.
Archives,
Ixiv., 429.
Legislative
Records of the
Council, xix.,
273. House
Journal, p. 175.
Ante, p. 354,
Chap. 228.

CHAPTER 227.

ORDER IN REGARD TO THE MASSACHUS'^s FRIGATE.

Ordered that the Comm*'^'' appointed to take under Consideration
the State of the Massachusetts Frigate be and they hereby are im-
powered to dispose of her or otherwise improve her, as they shall
judge for the best i^dvantage of the Province, with the Approba-
tion of this Court if sitting (or in the recess of the Court) of tlie
Lieuten'' Governour & Council. \^Passed February 20.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 499

CHAPTER 228.

VOTE FOR BUILD« A COURT HOUSE AT CAMBRIDGE WITH THE MONEY
RECEIVED FROM SIR PETER WARREN.

In the House of Eepres^ The House took under Consideration Legislative
the Letter from the Hon^'^ Sir Peter Warren relating to the Money counctf, xix^^
presented by him to this Province, & thereupon 3Q4.

Voted that a Letter of Thanks from this Court for so generous Mass.
a Benefaction (signed by the Secretary) be sent to that Gentleman ^sf'ii^^fi?*"'*
And to inform him that in Order to perpetuate his Memory among Houge^jo^
us, it is the Determination of this Court that said Money be applied nai.pp.iei.ns,
towards the Building a Court House in the Town of Cambridge. infra%h&y.

In Council Read & Concur'd. [Passed February 20. "■ ^si.

CHAPTER 229.

ORDER OF NOTICE WITH STAY OF ALL PROCESS ON THE PETITION OF
JOS. PLAISTED TO BRING FORWARD A WRIT OF SCIRE FACIAS.

A Petition of Joseph Plaisted Sherriff of the County of York, i^sisia^^e

1 ■ .i;i • ,i-,i T T ^r /-. • ^ o -r, Becords of the

shewing that lie is prosecuted in the Law by Mess" Gerrish & Bar- Council, xix.,
rell of Boston Merchants, for making an insufficient Return on an Archives^'
Execution taken out against Benjamin Hatch, as Bail to Benjamin ^"'•' ^^^-
Weeks, and for as much as the thing was done by pure Mistake & Mass.

. »/ J. ArctllVGS

Misconstruction of the Law, therefore praying that he may be im- xiiii., 29i!
powered by this Court, in the Name of the said Gerrish & Barrell to Rlfords^onhe
bring forward a Writt of Scire facias against said Benjamin Hatch S^"°g • ^g*^-
or otherwise be releived as this Court shall judge most reasonable Journal,
[Read&] pp. 137. 176.

Ordered that the Petitioner serve Benjamin Hatch with a Copy
of this Petition ; And that he shew Cause on the first Fryday of the
next Sitting of this Court, why the Prayer thereof should not be
granted ; And that all Process on the Affair mentioned in the Peti-
tion be stayed in the mean time. [Passed February 21.'^

CHAPTER 230.

RESOLVE IN REGARD TO QUALIFICATION OF VOTERS IN TOWN MEET-
INGS.

Whereas it has been represented that in the Year 1750, the Legislative
Assessors of many Towns & Precincts within this Province in councif, xix.,

making a Valuation in Order to levy the Taxes on the several ^^ .

Towns & Precincts in said Year have valued their Lands in Law- Mass.

ArcillVGB cxv.

full Money & reduced their Personal Estates to the Same contrary 826. House
to the Rules prescribed in the last Tax, by which Means many Jo^^^ai, p. i76.
Difficulties & Disputes may arise about Qualification of Voters.
Wherefore

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is February 22.

- This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is February 20.

500

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 231-233.]

Resolved that till a new Valuation be settled by this Court any Per-
son whose Estate shall amount in the last Valuation to Ten Pounds,
thirteen shillings & four pence lawfull Money to one single Rate,
such Person shall & hereby is deemed a legal Voter in all Town &
Parish Meetings, the different Apprehension of many Assessors con-
cerning the former Acts in that Case made & provided to the Con-
trary notwithstanding. \^Passed February 21.

CHAPTER 231.

VOTE FOR THE SECRY'S WRITING TO S« PETER WARREN, ADVISING
HIM OF DRAFTS, NAMING OF COURT HOUSE, AND THANKING HIM
FOR HORSES.

Legislative
Records of tlie
Council, xix.,
304. Mass.
Archives, cii.,
567.

Mass.

Archives, xx.,
559. Legisla-
tive Records of
the Council,
xix., 223.
House Jour-
nal, pp.176, 177.
Infra, chap.
232.

Voted that the Secretary write to Sir Peter Warren in the Name
of this Court, & transmit to him a Copy of the Vote of the 20"'
Instant for the Application of the Monys laying in his Hands, &
inform him that Bills will be drawn on him by Order of Court for
the Payni* of the same; And that it is the Determination of the
Court that the Building proposed to be erected shall always be
known & called by the Name of Warren Hall.

Voted also that tlie Secretary advise S'' P"" Warren of the Receipt
of the two Horses, & give him the thanks of this Court for his kind
Intention in sending over the same. \^Passed February 21.^

Legislative
Records of the
Council, xix.,
308. Mass.
Archives, i.,
230.

Mass.

Archives, i.,
206,208,213,229,
230; xiii., 245;
liii., 502, .5.50.
House Jour-
nal, pp. 1,39, 170,
177, 178.
Supra, chap.
231.

CHAPTER 232.

ORDER APPOINTING A COMMITTEE TO RECEIVE THE HORSES SENT
BY SIR PETER WARREN.

Ordered that Col° Buckminster, Col° Otis & M'' Bucknam be a
Committee to take Care of the Horses lately sent as a Present to
tlie Province by Sir Peter Warren ; And that they be kept and im-
prov'd in such Parts as shall best answer his design in sending them,
and so as shall be most to the Advantage of the Province. 'iPassed
February 22.

CHAPTER 233.

Legislative
Records of the
Council, xix.,
303. Mass.
Archives, xiii.,
236.

House Jour-
nal, p. 180.
Love's Fast
and Thanks-
givinp^Daysof
New England,
p. 496.

VOTE FOR A PUBLICK FAST.

Voted that His Hon'' the Lieu'- Gov"^ be desired with the advice
of the Council to Issue out a Proclomation app*'°^ a Day of Fasting
and Prayer through the Province in the recess of the Court to Im-
plore the Divine Blessing through the Course of the Ensuing Year
and that all Servile Labour and Recreations be forbidden on said
Day.^ l^Passed February 22.

* This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is February 22.

* The fast was appointed for the 21^*' March, 1750, and was public.

[3d Sess.] Province Laws {Besolves, etc.). — 1750-51. 501

CHAPTEE 234.

ORDER IMPOWERING THE PROVINCE TREASURER TO SUE THE DELIN- Legislative

QUENT FARMERS OF EXCISE. Records of the

Council, XIX.,
304. Mass.

Ordered that the Treasurer be directed forthwith to put the cxix!''m.
Bonds in Suit of all the Farmers of Excise Who have not paid House Jour- —
into the Treasury the several Sums respectively due from them, nai, p. its.
[Passed February 22.

CHAPTER 235.

VOTE GRANTING £14 TO REV" M» ELL. GRAY.

The Court taking under Consideration the Loss the Eev^ M"" Refords^of the
Gray Chaplain of the House had sustained by Fire. council, xix.,

Voted that there be granted and allowed out of the publick Treas- Archives,\iii.,

ury to the Rev*^ Ellis Gray the Sum of fourteen pounds in consid- ?^£:

eration of his Loss abovementioned. \ Passed February 22. House Jour-

■- ^ nal, pp. 175, 178.

CHAPTER 236.

ORDER ALLOWING £5 TO EZERi- WELLS.

A Petition of Ezekiel Wells of Road Town shewing that he still ^^f'^lf^'^.v^
remains an Object of the Compassion of this Court by reason of his council, xix.,
being dangerously Wounded while he was a Soldier in the Service of ArciiWes?'
this Province at Fort Massachusetts and therefore praying for some ixxiii-.Te'e.
further Allowance from this Court. Mass.

-r, T 1 Archives,

Read and ixxiii., 766.

Ordered that the Pet' be allowed out of the publick Treasury five nai"pp.'nM79-
pounds in consideration of his Wound within mentioned. [Passed Ante, p. 298,
February 22. ''^^'^■'^^■

CHAPTER 237.

VOTE APPOINTING A COMMITTEE TO INQUIRE INTO THE LAND BANK

ACCO^s,

In Council Legislative

xu. v><juiiuii Records of the

Voted that John Wheelwright, Andrew Oliver & Thomas Hutch- council, xix.,
inson Esq^ with such as the Hon^'® House shall join be a Comm"'^ to ^^*-

examine & make strict Inquiry into, any Moneys or other effects that Archives, cii.,
may have been received by the Directors of the Land Bank Company ses. Wisia-'

..•',1,.. „ •'^r «", -ji I'lji XT tive Records or

jointly & distinct from any Money or effects with which they stand the Council,
charged in their particular Accounts, and also to consider the Ac- Housflour-
counts of the Commissioners for finishing the Land Bank : The f^if-J^'f^-^
Comm'^Ho sit in the Recess of the Court and that the said Comm"*' chap'.iio. *
notify Opt John Brown that he & the other Partners may be present
if they see Cause.

502

Province Laws (Besolves, etc.). — 1750-51. [Chaps. 238-240.]

In the House of Represenf^^ Read & Concur'd & Judge Eussell,
M"" Tyng, Capt Williams, & M' Allen are joined in the Affair. [Passed
February 22.

Legislative
Records of the
Council, xix.,
304.

House Jour-
nal, p. 179.

CHAPTEE 238.

ORDER REFERRING ALL UNFINISHED MATTERS.

Ordered that all Matters which have day & are not pass'd upon,
this Session have the same day, at the Next sitting of this Court.
\Passed February 22. '

CHAPTER 239.

Legislative
Records of the
Council, xix.,
.S07. Mass.
Archives,
xviii., 747.

Mass.
Archives,
xviii., 746.
House Jour-
nal, pp. 182, 184,

ORDER IMPOWERING BENJ^ DAY, GUARDIAN, TO SELL LAND AND EXE-
CUTE A DEED THEREFOR.

A Petition of Benjamin Day Guardian of Glover Short of Attle-
boro, shewing that by reason of the sickness & bodily weakness of
the said Glover Short, the Petitioner has been at great Expence for
his Maintenance & there being no Personal Estate belonging to him,
therefore praying that the Petitioner may be impowered to sell Twenty
five Acres of wild Land in Easton, being the Estate of the said Glover,
for payment of the Debts already Contracted, & for his Maintenance
for the Time to Come.

Read and

Ordered that the Prayer of the Pe*° be granted. And that the
Pet' be and hereby is allowed and impowered in his Capacity as
Guardian to Sell the land herein mentioned for the most it will
Sell for, and Execute a good Deed thereof in the Law. He

first giving Security to the Judge of Probate for the County of
Bristol, that the Proceeds of said Sale be duely applyed for the
purposes therein mentioned. [Passed March 29.

CHAPTER 240.

Legislative
Records of the
Council, xix.,
307. Mass.
Archives, cii.,
57-2.

House Jour-
nal, p. 185.
Province
Laws, iii., 5.54,
chap. 24. Ante,
p. 369, chap.
265.

ORDER IN REGARD TO THE COMMITTEE FOR RECEIVING BILLS OF

CREDIT.

Whereas this Court have now under their Consideration a Bill
in Addition to the Laws already in being for drawing in the Paper
Currency,

Ordered that the Committee for receiving the Bills of Credit con-
tinue to sit & to give out their Certificates in like manner as here-
tofore until the Court shall come to a Determination on the said
Bill. [Passed March SO.

' Adjourned to March 27. See Legislative Records of the Council, xix., 305.

[.3u Sess.] Province Laws {Resolves, etc.). — 1750-51. 503

CHAPTER 241.

ORDER ALLOWING 40/ TO JON^ STANHOPE.

A Petition of Jonathan Stanhope setting forth his Services and Re^ord"of%he
Sufferings in the hite War, And that by reason of a Wound received Council, xix.,
in his left Arm, That the Allowance heretofore made has not been Archives^'
sufficient, therefore praying that He may be allowed by this Court ^xxiv., 2.
a pension sufficient for his Support. House Jour-

^n T T ^^ nal, pp. 120, 182,

Kead and i84. Ante,

Ordered that tlie Pef be allowed out of the publick Treasury Pjg39i,chap.
forty Shillings to be paid into the Hands of M"' Eice Eep"*^ of Sud-
bury for the Use of the Pef in consideration of his Services and
Sufferings abovementioned. \^Passed March 80.

CHAPTEK 242.

ORDER WITH STAY OF EXECUTION, DIRECTING THE JUDGE OF PRO-
BATE TO PASS ON THE ACCOUNT OF JOHN FISHER, ESQ", GUARDIAN.

A Petition of John Fisher Esq' of Needham, shewing that as Legislative
Guardian of John Gill & Israel Gill Persons non Compos, he was councfi^ xixll^
required by Edward Hutchinson Esq*" Judge of the Probate of Wills 2f)i. Mass.

^ *j ArcnivGS

for the County of Suffolk, to lay before him the Accompts of his xviii., 812.
Guardianship, which he accordingly did three Years ago. And altho' Mass.
the Petitioner has often SoUicited the Judge to pass some Order on xviil^^8^08'-si2.
the said Accompts, he has declined it, and instead thereof has put the Legislative
Petitioners Guardinanships Bond in suit, against him and has obtained councif, xix.',^
Judgment against the Petitioner, & Execution is issued out there- j^fur^^^^®
upon, therefore praying that this Court would Order the said Judge pp. i63, 179, is8.
to pass on his Accompts, that so he may have Liberty to appeal from chap. 218. '
his Sentence, if he thinks fit, to the Governour & Council, And that
the Execution on the Judgment recovered on his Bonds may be stayed

Read together with the Answer of Edw*^ Hutchinson Esq"" the
Judge of Probate within named. And the Matter being fully con-
sidered,

Ordered that the said Judge pass on the Accompt within referr'd
to as soon as may be ; And the Execution within mentioned is stayed
untill any Person who may apprehend himself aggreived at his Decree
or Denial thereon may have Opportunity to appeal from it, & pros-
ecute the same to Effect. \^Passed A23ril 2.^

CHAPTER 243.

ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO RICHARD
TREAT AND HIS THREE ELDEST SONS.

A Plat of Two Hundred Acres of Land laid out to Richard Treat ^^f^^^^^^^f tt^^
& his three eldest Sons by Virtue of a Grant of this Court, the said Council, xix.,

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 3.

504

Provixce Laws {^Resolves, etc.). — 1750-51. [Chaps. 244, 245.]

310. Maps and Land adioining to the West Line of the Town of Sheffield, and the

Plane, xxxni., i i m j^ i it -j^

25.

Maps and
Plans, xxxlii.,
25. House
Journal,
pp. 189, 190.
Ante, p. 476,
chap. 169.

said Eichard Treat now dwelling on it.

Eead and

Ordered that this Plan be accepted and the land as herein delin-
eated and described be and hereby is Confirmed to the within named
Richard Treat and his three Eldest Sons their Heirs and Assigns for-
ever Provided the Tract herein contain'd exceed not the quantity of
two hundred Acres, and does not interfere with any former Grant.
[^Passed AptHl 3.

Legislative
Records of the
Council, xix.,
311. Mass.
Archives,
xxxii., 12.

Mass.
Archives,
xxxii., 11, 119.
Legislative
Records of the
Council, xix.,
309. House
Journal,
pp. 188, 191.
Ante, p. 488,
chap. 203.

CHAPTER 244.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE SIX
NATIONS SETTL« IN THIS PROVINCE.

Jacob Wendell Esq^ from the Comm*''^ of both Houses on the
Affair of the Six Nations, gave in the following Report, viz*

The Comm*^*^ appointed to consider the foregoing Matter, are
humbly of Opinion That the Comm'^^ appointed to distribute the
Moneys granted for that Purpose and to lay out the Lands pro-
posed by the Court for their Settlement, be directed forthwith to
repair to Stockbridge, view the Lands thereabout, and agree upon
a Tract that may accomodate them. That the Comm'*"" be likewise
directed to furnish said Indians out of the Moneys aforesaid, with
such Things as they shall judge most needfull for their present Sup-
port, and provide therewith for the Education of their Youth, and
make Report, if they can this Session of their doings herein.

Jacob Wendell ^ Order

Read & Accepted. \^Passed April S.^

CHAPTER 245.

ORDER IMPOWERING THE HEIRS OF JN" EASTABROOK, DECEASED, TO
SELL LAND AND EXECUTE A DEED THEREFOR.

Legislative
Records of the
Council, xix.,
312. Mass.
Archives,
xviii., 745.

Mass.
Archives,
xviii., 743.
House Jour-
nal, pp. 182, 191.

A Petition of John Eastabrook & others Children & Heirs of
John Eastabrook late of Lexington Dec*^ shewing that there is now
an Opportunity of selling the real Estate of the Deceased to their
Advantage, but some of the Heirs being under Age, they cannot
give a Title without the Aid of this Court, therefore praying the
Authority of the Court for selling said Estate

Read and

Ordered that the Prayer of the Pe*" be granted and that the
Pet" be and they hereby are allowed and impowered to Sell the
land herein mentioned for the most the Same will Sell for And
to make and execute a good Deed or Deeds in the Law for the
Same. They giving sufficient Security to the Judge of Probate
for the County of Middlesex that each of the Minors shall sever-
ally recieve their proportionable part of the produce of said Sale,
with Interest for the Same. \^Passed Ajyril 4.

1 This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 4.

[3d Sess.] Frovince Liaws {Eesolves, etc.). — 1750-51. 505

CHAPTER 246.

ORDER ALLOWING £8 TO JN*^ WILSON, JUN^.

A Petition of John Wilson jun'' a Soldier in the late Expedition Legislative
against Cape Breton, praying for an Allowance from this Court for counc*if, x'll'^f
Wounds received in said Service not yet healed, & for his Expence 3i2. Mass.

£ T- n d 1 r Archives,

for his Cure. ixxiu., 743.

Read and i^^^^

Ordered that the Committee of War be directed to pay M' William ^xm.'' 742

Stickney for the Use of the Petitioner the Sum of Eight pounds House JouJr.

in consideration of his Services and Sufferings within mentioned. prov^iSce*^'^'"^*'

[Passed April 4. ^hap^L"'"'^'

CHAPTER 247.

ORDER ALLOWING 14/ TO ISAAC GROS.

A Petition of Isaac Grose of Hanover, praying that this Court Legislative
would Order that he may receive out of the publick Treasury, the councif, xix.,*^
Sum of Fourteen shillings Lawfull Money in Consideration of his Archfves^^cii.,
Loss of Bills of Credit on this Province to that Value that were 574.

accidentally burnt in his House. Mass.

-D^^A „ 1 Archives, cil.,

±teaa ana 573. House

Ordered that there be allowed out of the publick Treasury to pp^i^g^iyo
David Stockbridge Esq'' for the Use of the Pef the Sum of fourteen
Shillings in consideration of the Loss within mentioned. \^Passed
April 4.

CHAPTER 248.

ORDER ALLOWING 40/ TO GEO. BARROWS, JUN"*.

A Petition of George Barron ' jun"" of Plymton, shewing that ^Ifordfof the
his only Son was killed in the seige of Louisburg, And his Arms council, xix.,
& Cloaths were then lost w*'' him praying that an Allowance out ArchfvesT'
of the publick Treasury, to make up his Loss aforesaid may be ^^xiv., 1.
made by this Court. Mass.

-D 1 1 Archives,

Kead and ixxiv., 1.

Ordered that the Petitioner be allowed and paid out of the pub- na°"pp/i8M9o.
lick [Treasury] ^ forty Shillings in consideration of the Loss of the
Gun within mentioned. \^Passed April 4.^

CHAPTER 249.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE AND CONFIRM-
ING THE BOUNDARY LINE OF THE TOWNS OF READ« & STONEHAM.

A Petition of the Towns of Eeading & Stoneham, shewing that ^If^^'^^g^Jf t^e
upon a Difference between the said Towns, refering to their divid- council, xix.,

> The petition is signed "George Barrows." — Mass. Archives, Ixxiv., 1.
^ Inserted from Legislative Records of the Council, xix., 313.

3 This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is April 5.

506

Province Laws (^Resolves, etc.). — 1 750-5 1 . [Chap. 250.]

313. Mass.
Archives, cxv.,
703

Mass.

Archives, cxv.,
702. House
Journal, p. 194.

ing Line they appointed Persons mutually to settle & agree upon the
Same, that they met together accordingly upon the fifth of June
last & compleated their Agreem' on the said Affair, & reported the
same to their respective Towns to their mutual Satisfaction (which
Report is herewith exhibited ') and praying that the said Report
may be allowed & confirmed by this Court.

Read and

Ordered that the Prayer of this Pe^° be granted And the Report
is hereby accepted and the dividing Line between the said Towns
of Reading & Stoneham is confirmed agreable thereto Accordingly.
April 5. "

CHAPTER 250

ORDER ALLOWING ELIS^ VASS TO RECEIVE WAGES DUE HER SON.

Legislative
Records of the
Council, xix.,
313. Mass.
Archives,
Ixxiv., 2y2.

Archives,
Ixxiv., 2^2.
House Jour-
nal, pp. 183, 193.

A Petition of Elisabeth Yass of S* Georges River Widow, shew-
ing that Her Son John Vass died in the Service of this Province,
being a Soldier under Capt. Jabez Bradbury & left Wages due to
him for his Service jiraying that the Petitioner may be impowered
to receive them, without being put to the Trouble & Expence of
taking out Letters of Administration.

Read and

Ordered that the Prayer of the Pet" be granted and the Pef is
allowed to recieve the Wages due upon the Muster roll to her Son
accordingly. \^Passed Ajwil 6.

1 " we the Subscrbers Being Chosen a Comraete by the towns of Reading and Stoneham
to Setel the Line and mak Bounds betwen the s<i towns whare thare has bin Disputs accord-
ingly we haue Bin upon s'^ Line and haue Seteled it and maid the Bounds and thay are
in the foloing maner Begening at the Corner of John Greens Land by the Corner of the
wall By Jonas Greens hous it Being the Line Betwen s'^ John Green and Tho' Greens
then Roning westerly to an ash stomp in Dauid Green Jun' Land by the Broock with stak
and stons a bout it then the Line runs norwesterly to a stake and stons at the north East
Corner of Josiah Greens Wood Lot by Dauid Greens Land then westerly to the south west
Corner of si^ Dauid Greens Land then northerly to the north west Corner of s'l Dauid Greens
Land then Esterly to a stake and stons in the old Line formerly the Line Betwen Charls-
town and maiden then northerly in s'' Line by anchant marks to a black oake tree marked
with R and S Standing betwen the Land of Elder Danil Green and Jona" Ewens from
thence with a Straight Line to the south west Corner of Smiths Pond so cald from thence
to the South Est Corner of Danil Gould jun'' farm by the Broock then northerly By s<'
Goulds farm to his north East Corner then westerly still by s<' farm till it Coms to the south
East Corner of Taylers Paster So Caled it Being the Southwest Corner of a Paster Belong-
ing to the heirs of Nath" Coudry Decest from thence to a hepe of stons in s'l Taylers Paster
from thence to a stake in the Road Betwen Charlstown farm and Nath" Eatons Land from
thence as the fince now stands to a whight oak tree marked then to a stake and stons on
the north side of the Road from thence to a black oake stomp and so by anchant alowed
Bounds to Woburn Line as formerly Seteled the a boue Line as thay are described we the
Subscribers Commete as affore s'^ Due setel and Establesh) [sic, as to parenthesis] So far
as we haue Receued Power from the towns a boue s^i to be y Line and standing Bounds
Betwen the town of Reading and Stoneham for the futer in testemoney whare of we haue
hear unto set our hands the day and year a bou wreten

Commete r Sam i-L Poole Commete T Samuel Green

for J Ebenk Nichols for \ Peter Hays

Reading (John Goodwin Stoneham ( John Geary." — Mass.

Archives, cxv., 702.

^ Mass. Archives gives the final date as April 3, evidently a mistake for April 5 ; the
opening words of the Archives reading: " In the House of Rep^'<=^ April. 5. 1751."

[3d Sess.] Province Laws {Eesolves, etc.). — 1750-51. 507

CHAPTER 251.

ORDER ANNEXING DIVERS INHABITANTS AND THEIR ESTATES TO THE
SOUTH PRECINCT IN PLYMPTON.

A Petition of Barnabas Shirtlief in Behalf of the South Pre- Legislative
cinct in Plympton shewing that when the said Precinct was con- c^unctf xix!^^
stituted, Edmund Tilsou, Isaac Nye & Eleazer Cushman were left sis. Mass.
to do Duty & receive Priviledge in the first Precinct, till the further cxvi.la^^'
Order of this Court, altho' their Estates ly within the bounds of the House Jour-
said South Precinct praying that they & their Estates may be an- pro^ince^^' ^^°'
nexed to the South Precinct agreable to their own desire Laws, xi., 676,

[Read&] •='^^P-^-

Ordered that the above named Edmund Tilson Isaac Nye and
Eleazer Cushmon with their families be Annexed to the South Pre-
cinct in Plimpton, to do duties and Enjoy Privileges in Said Precinct
as others, and that they with their Estates lying within the Line of
Said Precinct, be Exempt and no longer subjected to pay Taxes or
do duties in the old Parish in said Plymton any former Order of the
General Court to the Contrary notwithstanding. [Passed April 5.

CHAPTER 252.

ORDER APPOINTING A COMMITTEE ON REPAIRS TO CASTLE WILLIAM.

A Memorial of John Brock Gunner of his Maiestys Castle Wil- ^^sisiative

1 • 1 -Kx 1 r. 1 /^ • 0 ^^ • Tin 1 J? Records of the

nam, shewing that a Number oi the Carriages & Carriage Wheels oi Council, xix.,
the Cannon at the Royal Battefy are defective, & that a new Engine Archives^,^'
is wanting for mounting the Forty two Pounders, the old one hav- ixxiv., 4.
ing been sent to Louisbourgh, praying that this Court would give ¥^^^:^
Orders respecting the Premisses, ixxiv., 3.'

In the House of Rep"'=^ KpS^.

Read and

Ordered that M"" Speaker M'' Allen and Col° Royal with such as the
Hon^''' Board shall appoint be a Comm*^" with the Leave of His Hon""
the Lieu* Gov' to Cause the Articles within mentioned to be repaired.
Also

Voted that they Cause all the Repairs that are necessary to be made
at Castle William to be Effected in the best & Cheapest manner.

In Council Read and Concurr'd and Jacob Wendell and Sam^
Watts Esq" are join'd in the Affair. [Passed April 5.

CHAPTER 253.

ORDER ALLOWING £59. 16. 4 TO RICH» HAZZEN.

A Petition of Richard Hazzen, setting forth his Service, Time Legislative
& Expence in surveying the Eastern Coast of this Province agre- councff, xii!",®
able to the Order of this Court & praying' that he may be allowed ^l^-^-J'^^l^-^
out of the publick Treasury the Sum of Fifty nine Pounds sixteen 524.

508 Province Laws {Resolves, etc.). — 1750-51. [Chaps. 254, 255.]

Mass. shillings & four pence, now remaining due to him according to the

522,523. House Account herewith exhibited,
pp. 193, 197. Read and

Ante, p. 453, Ordered that the Sum of fifty Nine pounds Sixteen Shillings and

'^ ^^' ' four pence be allowed the Mem° out of the publick Treasury in con-
sideration of his Services and Expences mentioned. \Pa8sed April 5.

CHAPTER 254.

VOTE ACCEPTING THE REP" IN REGARD TO THE RHODE ISLAND AFF«.

Legislative
Records of the
Council, xix.,
316. Mass.
Arcliives, vi.,
609.

Mass.

Archives, vi.,
609. Legisla-
tive Records
of the Council,
xix., 306.
House Jour-
nal, p. 194.
Ante, p. 389,
chap. 322.

Andrew Oliver from the Comm'*''' on the Affair of Rhode Island,
Governm* gave in the following Report viz.

The Comm'^* having Considered the Affair within committed to
them are humbly of Opinion, that the Treasurer be directed to pre-
pare a correct State of the Debt due from the Towns & Persons,
within mentioned, and also a Copy of the Letters sent to y® Gov-
ernour of Rhode Island & that the whole with such other Papers
relating to this Affair as the Lieuten* Governour & Council shall
judge necessary, be authenticated »& sent to M"" Agent Bollan, and
that he be instructed to make an humble Representation to his
Majesty, of the Injury this Government sustains, & endeavour in
the best Manner he can to procure Redress,

Which is humbly Submitted And : Oliver per Order

Read and Accepted. [Passed April 5.^

CHAPTER 255.

ORDER IMPOWERING DAVID MOSELEY, ESQ", TO CALL A TOWN MEET-
ING AT WESTFIELD.

Legislative
Records of the
Council, xix.,
315. Mass.
Archives,
cxvi., 17.

Mass.
Archives,
cxvi., 16.
House Jour-
nal, pp. 193, 198,
199.

A Petition of D' Israel Ashley in behalf of the Town of West-
field, shewing that the Officers chosen at their last March Meeting,
took the Oaths heretofore usually taken, but ommitted the taking
of the Oath enjoined by Law to be taken previously thereto, there-
fore praying that this Court would give Orders that the said Officers
may have Opportunity to take the said Oath, and that upon the
refusal of any of them, the said Town may have Power to chuse
other Officers in their Room.

Read and

Ordered that David Mosely Esq'' of Said Town of westfield be
and he hereby is Directed and Impowered to Summon the Several
Persons Chosen by the Inhabitants at there annual meeting in march
last to Serve as Town officers, for y'' year Currant; and Tender the
Oath, Necessary to be Taken (pursuant to law) Previous to their
Respective office Oaths; And in Case of y'' Neglect or Refuseall
of all, or any of Said officers Chosen at y*" meeting afforesaid, of
whom an Oath is by law Required Then y'' Selectmen of Said

Westfield for y'' year one thousand Seven hundred and fifty

Be & Hearby are Impowered and Directed forthwith To assemble

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 6.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 509

the Inhabitants, by Issueing Their warrant, Directed to y^^ Constable
or Constables of S"^ Town for y^ year 1750 who are hereby required
to Observe the Same In order to Choose Such Town officer or officers
as by law Required to haue been Chosen at y" s^ meeting in march
or So many as Shall Refuse y*" said previous Oath of those already
Chose and the Said officer or officers So Chosen (after Haveing taken
the Respective Oaths: by law Required) Shall be Known and to all
Intents and Purjjoses Shall be the officer or officers of Said Town of
Westfield the year Currant; The time for y* Choice of Town officers
by law being Ellap^*^ notwithstanding. [Passed AjJril 6.

CHAPTER 256.

VOTE ERECTING DIVERS INHABITANTS OF SPRINGFIELD INTO A SEP-
ARATE PRECINCT.

A Petition of Jonathan Chapin, Elisha Chapin & others Inhabi- R^forlgof the
tants of Springfield, shewing that they served the first & second council, xix.,
Parishes in said Town, with Copies of the Order of this Court on Archiv^esTcxv.,

their former Petition prefer'd in October last, that the said Parishes ^

have not complied with the Directions of this Court for the Peti- Mass.
tioners releif, & therefore praying that they may be set off a sep- 876-882; cccui.";
erate Precinct, by such Bounds & in such Manner as particularly journal"^*'
set forth in their Petitions. ^v^^^' ^^'

In the House of Rep"'^'' chap.ioo. '

It appearing to the Court ' that the said first and second Parishes
have not Comply'd with the order of tliis Court of October 10^*^ 1750,

Therefore

Voted that the Prayer of the Petition be so far granted as that
they be sett off and erected into a Distinct precinct by such Meets
and Bounds as this Court shall think proper and that Col" Williams
& CoP Porter with such as the Hon'''® Board shall Joyn be a Com-
mittee to Repair to said Lands and hearing the parties to prescribe
proper bounds and Limits to said Precinct determining what Lands
are proper to be Taxed to the same and make Return of their doings
to the General Court on the second Thursday of the next May Ses-
sions for their Confirmation And that the said first and second
parishes be and hereby are ordered to Reimburse to the respective
Inhabitants of said propos'd precinct whatever Taxes have been im-
posed upon and have been Collected from them since the 10"' of Octo-
ber 1750 or may be Collected before they are serv'd with this Order
and that the said Inhabitantsbe Discharged of all the aforesaid Assess-
ments Levied as aforesaid which may not be Collected.

And further that the Inhabitants of said proposed Precinct dwell-
ing on the East side of Connecticut River be and hereby are Enabled
and obliged to Tax themselves for the Settlement of the first Min-
ister and Building the first Meeting house Exclusive of those on the
West side of Said River for the Reasons mentioned in said Petition.

In Council Read & Concur'd, & Oliver Partridge Esq"" is joined in
the Affair. [Passed April 6.

' A line is drawn through the words "to the Court," in Mass. Archives, cxv., 880.

510

Province Laws (^Resolves, etc.). — 1750-51. [Chaps. 257-259.]

CHAPTER 257.

Legislative
Eecords of the
Council, xix.,
317. Mass.
Archives, cxi.,
217.

Mass.

Archives, cxi.,
216. House
Journal, p. 198.

ORDER GRANTING TO THO' CUTLER, JUN^, LICENSE TO KEEP A TAVERN.

A Petition of Thomas Cutler jun'' of Western in the County of
Worcester shewing that He has purchased of Capt Noah Ashley, a
Dwelling House in said Town which has for many years been used
as a Tavern, for which he has obtained the Approbation of the Select
Men, Therefore praying that the Court of General Sessions of the
Peace for said County may be impowered to grant him a Licence to
keep an Inn or Tavern in said House.

Eead and

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Worcester be allowed and Impowered to grant the
Pef a Licence if they see cause, the time being elapsed by Law
notwithstanding. [Passed April 6.

CHAPTER 258.

ORDER IMPOWERING DAVID HALL AND OTHERS, GUARDIANS, TO SELL

AN ESTATE.

Legislative
Records of the
Council, xix.,
318.

Mass.
Archives,
xviii., 760.
House Jour-
nal, p. 184 bis.
Province
Laws, ii., 151,
chap. 10.

A Petition of David Hall & others Guardians of Lydia Seers,
Seth Seers & Eowland Seers, Minors, Children & Heirs of Seth
Seers late of Yarmouth Dec*^ shewing that the Said Seth Seers's
real Estate is so scattered in different Places the Land in small
Parcells, and the Buildings so out of Eepair that it would be most
for the Proffit of the Orphans to sell them, and therefore pray-
ing that this Court would impower the Petitioners to sell the said
Estate accordingly,

Eead &

Ordered that the Prayer of the Petition be granted. Provided due
Caution in the Law be given to the Judge of Probate for the County
of Barnstable respecting the Orphans Proportion of the said Estate,
and the Directions of the Law pass'd in the sixth Year of His Late
Majesty King George the first, relating to Executor's & Administ"
Sale of Eeal Estates be duly observed. [Passed April 6.^

CHAPTER 259

ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO
MAKING A TREATY W^" THE EASTERN INDIANS.

Legislative
Records of the
Council, xix.,
317.

Mass.
Archives,
xliii., 411.
Legislative
Records of the

John Quincy Esq,^ from the Comm'"' of both Houses on the
Affair of the Eastern Indians gave in their Eeport, which was

accepted by both Houses with an Amendm'^ & Consented to by the
Lieuten* Governour.

And as so amended is as follows, viz*

The Comm"'' are of Opinion that it is necessary a Treaty should

• This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is April 8.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 511

be had with the Penobscot & Norridgewock Tribes, and that the councu, xix.,
S* Francois Indians viz* the several Tribes or Villages which are fm'rmf^slfu.
commonly known by that general Term be invited to be present, House JouV-
And that His Honour the Lieu*^ Governour be desired to attend '^"•p-^^*
the Treaty in Person, or to appoint Commissioners for that Pur-
pose, and that he Cause Notice to be given to the several Tribes
of Indians accordingly. The Comm"^^ are further of Opinion that
the begining of August may be the most Convenient Time for the
Treaty, if His Honour shall think Proper.

Which is humbly submitted. By Order of the Com'^^

J. QUINCY
[Passed April 8.

CHAPTER 260.

ORDER IMPOWERING JAM^ HARLOW, GUARDIAN, TO SELL LAND AND
EXECUTE A DEED THEREFOR.

A Petition of James Harlow Guardian of Ichabod P[h]inney of Legislative
Barnstable an Infant, shewing that the only real Estate belonging councif.xix.,^
to the said Infant is a House & Land at Barnstable valued at 180£ Archfves?'
old Tenor which is in such Circumstances as that the necessary xviii., 759.
Eepairs will swallow up all the Rent, Therefore praying that he Mass.
may be allowed to sell it for the Benefit of the Infant. tltx^nU

I^ead and na°"pi"'m 192.

Ordered that the Petitioner in his Capacity as Guardian to the
within named Ichabod Finney be and hereby is allowed and impow-
ered to Sell the House herein mentioned for the most the same will
fetch, and make and execute a good Deed in the Law for the Same.

He first giving security to the Judge of Probate for the County
of Plymouth that the Proceeds of said Sale with Interest therefor
be duely paid to said Ichabod when He shall arrive at Lawful Age.
[Passed April 8.

CHAPTER 261.

ORDER allowing £37. 9. 4 TO SIM'' HOXIE.

A Petition of Simeon Hoxie one of the Constables of the Town Legislative
of Yarmouth for the Year 1749, shewing that he had collected the councif, xfx!^
Sum of Two Hundred & Eighty one Pounds Old Tenor Bills of the 3i8. Mass. '
Province Tax, & laid it up in his Chest, and in his Absence his Chest 462? '^ ^'^ '
was burnt by the Carelessness of his Children, and all the said Bills Mass.
burnt in it, (being all Bills of this Province) praying that the Prov- ^i?46j*'^iiouse
ince Treasurer may be directed to ffive the Petitioner a Discharge Journal,
for that Sum. PP.i82.m

Read and

Ordered that the Treasurer be directed to discount with the Pef
the Sum of Thirty Seven pounds Nine Shillings and four pence out
of the Tax Bill committed to him in Lieu of the Bills lost by fire.
[Passed April 8.

512

Province 1^aw& {Resolves, e/c.). — 1750-51. [Chaps. 262, 263.]

CHAPTER 262.

ORDER DIRECTING THE INHABITANTS OF THE TOWN OF NORTON TO
ELECT THE NECESSARY OFFICERS.

Legislative
Records of the
Council, xix.,
319. Mass.
Archives,
cxvi., 15.

Mass.
Archives,
cxvi., 14.
House Jour-
nal, pp. 197, 201,
202. Province
Laws, iii., 430,
chap. 15.

A Petition of Ephraim Leonard & Simeon Wytheril in behalf
of the Town of Norton setting forth the Difficulties they are under
by reason of the Oath enjoined in the Act for drawing in the Bills
of Credit, to be taken by Town Officers, their Officers elect refusing
to take the said Oath, at their late March Meeting, only one Select
Man accepting & taking the said Oath, that their Meeting stands
adjournecl to May next, praying that the said Law may be relaxed,
or that the said Town may be otherwise releived by this Court.

[Eead and the following action taken]

inasmuch as the anniversary meeting of the Town of Norton for
the choice of Town officers, as mentioned in this Petition, was held
within the month of March, agreable to Law, (which meeting was
not Dissolved but still subsists by adjournment;) and the proposed
Election of Town officers at said Adjournment was in no wise irreg-
ular: Therefore

Orderhl that the Inhabitants of the Town of Norton at their
meeting to be held by adjournment as aforesaid proceed to the
choice of such Town officers as are yet wanting: and that such
Elections as shall then be made by the major part of the Inhabi-
tants (Qualified as the Law directs) that may then be assembled
shall be deemed Valid the Expiration of the Month of March not-
withstanding. \^Passed April 8.

CHAPTER 263

ORDER IMPOWERING TIM'' HEALD AND ELIZABETH HIS WIFE, GUAR-
DIAN, TO SELL AN ESTATE AND EXECUTE DEED OR DEEDS THERE-
FOR.

Legislative
Records of the
Council, xix.,
319. Mass.
Archives,
xviii., 763.

Mass.
Archives,
xviii., 762-764.
House Jour-
nal, pp. 203, 204.
Province
Laws, ii., 151,
chap. 10.

A Petition of Timothy Heald & Elisabeth his Wife Guardian
to Martha Brooks a Minor, Daughter of Seth Brooks late of Town-
send Dec*^ shewing that the principal Estate left the said Martha is
a House & Land which is under such Circumstances that the Peti-
tioners are fully persuaded that it will be of great Advantage to the
s^ Minor to have the Estate sold & converted into Money, praying
for Liberty to sell said House & Land accordingly

Read and

Ordered that the Pefs be and they hereby are allowed and im-
powered to make sale of the House and Land within mentioned;
and to make and execute a good Deed or Deeds in the Law for the
same. They Observing the Law respecting the Sale of Intestate

Estates, and giving due caution to the Judge of Probate for the
County of Middlesex to be accountable for the money arising by
said Sale for the Use of the within named Minor Martha Brooks.
\^Passed April 9.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 513

CHAPTER 264.

ORDER CONFIRMING THE ACTION OF THE ATTORNEY AND TRUSTEES
OF THE £50,000 LOAN.

A Memorial of Edward Hutchinson Esq'' surviving Trustee of Legislative
the £50,000 Loan & of Nichohis Sever Esq"" shewing that the said Councif.xLx.,^
Nicholas purchased some Lands in the County of Plimouth of the ArchWesTcii.,
said Trustee, which had been mortgaged, & were forfieted to the 545.
Province, That tliere are some DiiBculties in the said Affair, that Mass.
without the Interposition of this Court the Petitioner may be a .M3*;^cl^ti!l'6i
Sufferer, therefore praying further Directions thereon. *j"- House'

The Comitte to whome was referr'd tlie Petition of Edw'' Hutch- pp. 121, 203,204.
inson & Nich° Sever Esq' have Exam-^ into y^ Matters & things Con- Eaws.T.^so,
taiud Therein & find the Facts Therein Contain'd to be True And 5,j,fic'ji.f ' *io''
Are of Opinion That y*^ attorney who in behalf of s'^ Trustees took '' ' *'"
Possession of s'' Lands Ought to be Sworn thereto In perpetuam rei
memoriam & y*^ Affidavit Recorded & That Thereupon The s"^ affi-
davit Should be Deemd to all Intents »& purposes as Good & valid
in y'' Law & have y*^ Same operation in Law as If It appeard That
The s*^ Exon Issued, was Served & Possession of y*" Premisses Given
and a return Thereof Duly Made by the s'^ Sheriff; and Further
That The Sale of s'' Mortgaged Land made by y*" S'' surviving Trus-
tee Ought to be held Good & valid in y*^ Law for passing s** Estate
to y^ Several & Respective Persons to Avhom y^ s"^ Estate is Sold

All which is Humbly Submitted by order of y^ Committe

John Hill

Read and accepted and

Ordered That John Gushing Esq'' the Attorney, who took posses-
sion of the Lands withinmention'd, in behalf of the Trustees of the
first fifty thousand pounds Loan, be sworn thereto in perpetuam Rei
memoriam; That his affidavit being recorded with the Records of
Deeds for the County of Plimouth, be deem'd, to all Intents and
purposes, good and valid, and have the Same operation in Law as
if it had appear'd that the Said issued Execution was Served, and
possession of the Said Lands given, and a Return thereof duly made
by the Sheriff: And it is further

Ordered That the Sale of the Premises aforesaid, made by Edward
Hutchinson Esq'' the Surviving Trustee within named, be and hereby
is held good and valid in Law for passing the Said Estate to the sev-
eral and respective Persons and their assigns to whom the Same is
Sold, \^Passed AjJril 9.

CHAPTER 265.

ORDER ALLOWING £3 TO TIM'^ WHEEDEN.

A Petition of Timothy Wheeden shewing that in the Month of ^If^^rds^of the
September last he was captivated by the Indian Enemy & carried couucii.xix.,
to Canada & there redeemed by Capt Phineas Stevens & brought ArcMves^^"
to Boston, that he has not one Penny of Money to pay his Charges i^^^^-»5-
at Boston & carry him Home to His Family, praying that this Court j^j^°j"^« ^o^g"^-
would make Some Allowance for his Charges

514

Province Ijawb {Resolves, etc.). — 1750-51. [Chaps. 266-268.]

Eead and

Ordered that the Prayer of the Pet" be granted and that the Pef
be allowed three pounds out of the publick Treasury for the pur-
poses within mentioned accordingly. [^Passed Ajnil 9.^

CHAPTER 266.

Legislative
Records of the
Council, xix.,
293. Mass.
Archives,
xlili., 308.

Mass.
Archives,
xliii., 306-316.
House Jour-
nal, pp. 66, 206.

ORDER REFERRING THE PETITION OF CALEB TROWBRIDGE, ATTORNEY,
IN REGARD TO AN ERROR IN A JUDGMENT.

A Petition of Caleb Trowbridge Attorney to John Shepley &
Isaac Green both of Groton in the County of Middlesex Administ"
of the Estate of Jonathan Boydeii Dec'^ shewing that there is a
manifest Error in the Judgment of the last Inferiour Court of
Common Pleas for said County in a Cause between the Petitioners
& one William Lakin, praying that the said Court may be impow-
ered upon the Petitioners Complaint to rectify the Same.

Read and

Ordered That the Consideration of this Petition be and hereby is
referr'd to the Second Wednesday of the next May Session. [Passed
April 10.

CHAPTER 267.

Legislative
Records of the
Council, xix.,
321. Mass.
Archives, cii.,
678.

House Jour-
nal, p. 204.

ORDER DIRECTING THE TREAS" TO SEND OUT HIS WARRANTS, AGAINST
DELINQUENT CONSTABLES AND COLLECTORS OF TAXES.

Ordered that the Treasurer be and he hereby is directed and en-
joyned immediately after the first day of May next to Send forth
his Warrants of Execution ag* every Constable and Collector which
shall be deficient, or shall not then have paid into the Treasury the
Whole Sum committed to him to Collect And that this Order be
Inserted in the publick Prints. [Passed Ajjril 10.

CHAPTER 268.

Legislative
Records of the
Council, xix.,
3-22. Mass.
Archives, xiii.,
244.

Mass.

Archives, xiii.,

243. House

.Journal,

pp. 108, 110, 184,

205.

ORDER IMPOSING A TAX ON NON-RESIDENT PROPRIETORS OF THE
WEST PARISH OF LEICESTER.

A Petition of Joshua Eaton Pastor, Pastor ^ of the Church in
the Westerly Part of the Town of Leicester, setting forth the great
Difficulties he has met with as to his Support in the Ministry there,
and therefore praying that a Moderate Tax may be laid on the un-
improved Lands in the said Precinct, To begin from the Determi-
nation of tlie last Tax, to be for the uses of the same Tax

Read again and

Ordered that this Pet" be revived and the Prayer thereof be so
far granted as that the Sum of three farthings per Acre per Annum
be impos'd upon the lands of the Nonresident Prop''s within the Limits
of the West Parish in Leicester for the term of five Years from this
time for the purpose within mentioned. [Passed April 10.

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 10.
- Sic.

[3d Sess.] Province Laws {Resolves^ etc.). — 1750-51. 515

CHAPTER 269.

ORDER WITH STAY OF EXECUTION ON THE PETITION OF W=« COLES TO
ENTER AN ACTION.

A Petition of William Cole of Topsham in Great Britain Mar- Legislative
riner shewing that Eichard Homans of Marblehead in September councn^, xixl^^
last Commenced an Action against him, to be prosecuted at the 270. MjIsb.
Inferiour Court of Coinon Pleas for the County of Essex, for not xim.Vaal.'

paying him £140 alledged to be due for Fish delivered him, that Mass.
the Petitioner being bound to Sea, gave a Power of Attorney to xHii'."297-304
Edmund Trowbridge Esq"" who being obliged to attend at the Court Legislative
of Assize in the County of Hampshire, so that the Petitioner liav- councif.xixll^
ing none to appear for him. Judgment went against him by Default, jouriSi*"^'^
therefore praying that he may be allowed a Trial of the said Cause pp- i3*, 207.
at the next Sujjeriour Court in the said County and that Execution
may be stayed in the meantime

Read, together with the Answer of Richard Homan's, the adverse
Party, and the Matter being fully considered ;

Ordered that the Prayer of the Petition be granted ; And the Pef
is allow'd to enter his Action at the Superiour Court of Judicature
&a to be held at Ipswich within and for the County of Essex on the
first Tuesday of June next; And tlie Justices of the Said Court are
impowered and directed, without admitting any dilatory Pleas, to
hear and try the Said Action upon the Merits, enter up Judgment
and award execution accordingly, The Said Judgment of the Inf'
Court notwithstanding; And that the Exon of the Said Judgment
and all Process against the Said Bail be Staid : Provided the Peti-
tioner give Sufficient Security to the Sheriii of the Said County to
pay what Sum Shall be recovered of him upon the Trial aforesaid
with lawful Interest for the Same from this time to the day when
final Judgment Shall be made up ; Provided also that the Pef notifie
the adverse party of this Order fourteen days at least before the Sit-
ting of the Said Court. ^Passed April 11.^

CHAPTER 270.

ORDER ALLOWING £35 TO RICH" GRIDLEY ESQ«.

A Petition of Richard Girdley Esq"" shewing that he has not Legislative
been allowed the full Sum granted by the Crown for his Service council, xix.,
as Bombardier in the late Expedition against Cape Breton, pray- Arciuv^esT'
ing that this Court would give Orders that his Arrears of Wages ixxiii., 74s.
for that Service may be now paid him, Mass.

T, T T Archives,

Read and ixxiii., 746-749.

Ordered that the Comm^<^ of War be directed to pay the Memo- J^^f^'Xof the
rialist the further Sum of Thirty five pounds in addition to that Council, xix.,
granted him by this Court in their last Session being so much Justly .journa?,"^^
due to him, to Compleat what the Province recieved of the Crown is^'/igl', m''"'^'
on his Account as Bombardier. \ Passed April 11. Ante, p. 452,

■- chap. 112.

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 10.

516

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 271,272.]

CHAPTER 271.

ORDER APPOINTING A COMMITTEE TO SELL LAND BETWEEN ROAD
TOWN AND MILLERS RIVER.

Legislative
Records of the
Counci), xix.,
323.

Mass.
Archives,
xlvi., 147, 244-
249. House
Journal,
pp. 125, 134, 138,
146, 147, 158, 193,
206, 207, 208.

A Petition of John Powers, Ebenezer Child, John Barnard &
others Inhabitants of the Plantation called Road Town, setting
forth the Difficulties they have been at in their settling upon said
Place, & praying the Grant of a Tract of Land belonging to the
Province, & scituate between said Road Town & Millers River

In the House of Represent^ Read &

Ordered that ColP Clap & Judge Russell & Coll° Gerrish with
such as the Hon^'® Board shall join, be a Comm^^'^ to make Sale of
the Land within mentioned to any Person or Persons who will give
most for the Same. The Produce of the said Sale, to be paid into
the Treasury within twelve Months from said Sale, they obliging
the Purchaser or Purchasers to settle Fifteen Families upon said
Tract of Land within three Years from this Time, each Settler to
build an House eighteen feet square & seven Feet stud, & to bring
to, five Acres of Land fit for mowing, within the Term aforesaid,
& upon their performing the Conditions aforesaid, the said Lands
to be Confirmed to them, their Heirs & Assigns forever, the said
Comm'*'^ to render an Account, of their Proceedings herein to this
Court,

In Council Read & Concur'd & Sam^ Watts & John Chandler Esq*
are joined in the Affair. \^Passed April 11.

CHAPTER 272.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE AFFAIR
OF THE EASTON MEET" HOUSE AND DIRECTING THE COMPLETION
THEREOF.

Legislative
Records of the
Council, xix.,
324.

House Jour-
nal, pp. 127,128,
160, 164, 171, 198,
209, 210. Ante,
p. 491, chap.
210.

James Minot Esq^ from the Comm'*'® of both Houses on the
Petition of the Town of Easton gave in their Report,'

Read & Accepted & in as much as the Town of Easton, have by
a major Vote of the Inhabitants thereof at a great Expence erected
a large Meeting House, at a much more suitable Place for the Ac-
comodation of the whole Town than any other place, proposed to
the Comm""' by the Parties & have almost finished the one side of
said House Therefore

Ordered that the Inhabitants of said Town proceed to finish said
House, & that they be freed from paying anything towards the Sup-
port of M' Solomon Prentice, their Minister, unless he complies with
their Vote & Desire to preach in the New Meeting House. [Passed
April 13.

' This report has not been found.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 517

CHAPTEK 273.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PET^
OF REHOBOTH & TAUNTON N^ PURCHASES, IN REGARD TO BOUN-
DARY LINES, WITH NOTICE.

A Petition of the Proprietors of the Land called Eehoboth North i^s'aiative

, L> m J TkT J 1 T-> 1 • 1 1 • /-^ IT Records of the

Purchase & launtou JNorth rurchase, praying that this Court would Council, xix.,
appoint a Com""' to run & settle the Boundary Lines of the said Lands Archwes^'
according to the Agreement made in 1640, touching the said Lands, ^^^^•' ^^-
there having Differences arisen about the Same. Mass.

A.rcliivGS

The Comittee to whom was Referred the aforegoing Petition have- cxvi., 46-89.
ing considered the Same are of Opinion that the Petition be Referred nail^ppf!M3]"2io.
to the next May Session for further Consideration & that the Peti-
tioners Serve y'' Towns of Stonghton and Wrentham Respectively
with Copys Threof that they Shew Cause if any they have why the
prayer of the Petition Should not be Granted

April 12 1751 which is humbly Submitted

fj Order of y'' Comittee Joseph Wilder

Read and accepted and

Ordered That the Consideration of this Petition be referr'd to the
Second Friday of the next May Session; and that the Pet" Serve the
Towns of Stoughton and Wrentham with Copies of this petition that
they may then Shew Cause if any they have why the Prayer thereof
Should not be granted. \^Passed April 13.^

CHAPTEK 274.

VOTE REQUESTING THE LIEUT. GOVERNOR TO ISSUE A PROCLAMATION
OFFERING A REWARD FOR THE APPREHENSION OF ROBERT HOW-
LAND & FOBES LITTLE.

Voted that His Honour the Lieutenant Governour be desired with Riforlsof the
the advice of the Council to Issue out a Proclomation ^ (offering a Councii.xix.,
Suitable Reward) for Apprehending the Bodies of Robert Howland Archives, cu.,

of Duxborough and Fobes Little of Little Compton Who are sus- ^^

pected of Publishing and Dispersing a Printed Paper containing ^^^,^:^gg ^^^^
sundry Expressions tending to bring into Contempt and Subvert 598. House ''
the Constitution of this Government. [Passed'' April 13. Journal, p. m

CHAPTER 275.

VOTE FOR REVIVE AND ADJOURNING THE COURT OF GEN^- SESSIONS OF
THE PEACE IN THE COUNTY OF PLYMOUTH.

Whereas by Law the Court of General Session of peace for the ^||^^iative^^^
County of Plimouth was to be held at Plimouth In Said County on councif, xix.,^
the first Tuesday of March last but by Reason of the great Snow at ^l^^mi"^-
that Time the Justices of Said Court were prevented giving their xiiii., 430:
attendance by Reason whereof s*^ Court has fell through whereby House Jour-

•^ nal, p. 214.

1 This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 9.

^ Proclamation issued April 18, 1751. — Mass. Archives, cii., 598.

518 Province l^A\fs {Resolves, etc.). — 1750-51. [Chaps. 276, 277.]

Province
Laws, iii.
chap. 32.

64,

many Inconveniencys have and may Arise within Said County It
is therefore

Voted that Said Court of General Sessions of the Peace be and
is hereby Revived and Adjourned to the Third Tuesday of May
Next and all Recognizances presentments Matters and Things that
Should have had Day at Said Sessions in March afores'' be and
hereby are Revived & Continued to the Third Tuesday of May
Next and all Officers and Other persons Concearn'd therein are to
take Notice thereof and Conform themselves Accordingly. \^Passed
April 16.

CHAPTER 276.

Legislative
Records of the
Council, xix.,
3-26. Mass.
Archives, cii.,
596.

Mass.

Archives, cii.,
596. House
Journal, p. 215.
Ante, p. 470,
chap. 153.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR BURN« TORN
& DEFAC" BILLS OF CREDIT.

We the Subscribers being appointed a Comm'" by the General
Court to repair to the Treasurer, to take an Accompt of the torn &
defaced Bills now lying in his Hands, unfit for Service & to consume
them to Ashes, have accordingly attended that Service. & have re-
ceived of the Treasurer seven Thousand four hundred & seventeen
Pounds Old Tenor Bills, seven hundred & twenty one Pounds Middle
Tenor Bills, forty eight Thousand & twenty three pounds one shil-
ling & eight pence, last Emission Bills, & have seen the same con-
sumed to Ashes,

Thomas Hubbard John Osborne
March 1'* 1750 John Tyng Jacob Wendell

Harrison Gray Andrew Oliver

Ordered that the within Report be accepted And that the Treas-
urer be discharged of the Sums of Seven thousand four hundred
and seventeen pounds Old tenor. Of Seven hundred and twent'y
one pounds Middle tenor. And forty eight thousand and twenty
three pounds One Shilling and eight pence last Emission accord-
ingly. [Passed Ap7-il 16.

CHAPTER 277.

Legislative
Records of the
Council, xix.,
327. Mass.
Archives, cxv.,
865.

Mass.

Archives, cxv.,
864. House
Journal, p 210.
Ante, p. 475,
chap. 166.

order confirming the proceedings of TOWN meetings held in

THE DISTRICT PARTLY IN HARDWICK AND PARTLY IN BROOKFIELD
TO BE CALLED NEW BRAINTREE.

A Petition of the Select Men of the District of Hardwich,* shew-
ing that there were some small Deflects in point of Form, relating
to the calling of the two first Meetings of said District, which dis-
affected Persons may take Advantage of, therefore praying that this
Court would confirm the Proceedings of said Meetings.

Read and

Ordered that the Meetings within referd to held in said District
and the doings thereof be deem'd good and valid to all intents and
purposes, and that they do for the future regulate their Votes agre-
able to the Rules prescribed in the Law

Voted also that the Said District ])e distinguish'd by the Name
of New Braintry. [Passed April 16.^

' Mass. Archives, cxv., 864, reads, " Hardwick."

^ This date is according to Mass. Archives; according to Legislative Records of the
Council the date is April 17.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 519

CHAPTER 278.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
JA8 STETSON FOR A NEW TRIAL.

A Petition of James Stetson shewing that Stephen Cruttenden Legislative
recover'd Judgment against the Petitioner upon his Bond at the councf f xix!*^
Superiour Court of Judicature for the County of Suffolk held at ^7. Mass.
Boston in August last for the Sum of £134. 11. 8 in Bills of the xim.,^!-!;.'
New Tenor, and for as much as there is a manifest Error in mak- Mass.
ing up the said Judgment, therefore praying for a new Tryal of xm/^*4l5'429
the said Cause & that Execution may be stayed in the mean time, House Jour-'

T) 1 1 J J 1 nal, p. 216.

Kead and

Ordered that the Pef serve the adverse Partie with a copy of this
Pet" that He shew cause if any He hath on the Second fryday of the
next May Session, why the Prayer thereof should not be granted

And Execution is stayed in the mean time Provided the Pet'' give
Security to the Sheriff of the County of Suffolk to pay the Sum that
shall finally be adjudged due, with Interest from this time. \^Passed
April 17.

CHAPTEE 279.

ORDER REFERRING THE PETITION OF THE TOWN OF SUNDERLAND FOR
AN ADDITIONAL GRANT OF LAND.

A Petition of Daniel Hubbard & others a Committee for the Legislative
Town of Sunderland, shewing the meanness of a great Part of coundf, xix!!^
their Land & Difficulties with Eespect to their Scituation; and ^41,328.'
praying for an Additional Grant of Land, lying on the Nortli side Mass.
of said Town, and that thereupon they may be divided into two 722^725^726.^^"'
distinct Parishes which their Scituation & Circumstances render nal^pp^sv^n-
necessary. province

Whereas Joseph Pynchon Chairman of the Comm*" appointed to chap^'u".' ' "'
consider of the Petition of Sunderland & of the Northern Inhabi-
tants of said Town, is possessed of sundry material Papers relating
to the said Affair but by Reason of Sickness has been prevented
attending this Court the present Session, therefore

Ordered that the Consideration of the said Petition be & hereby
is refer'd to the second Thursday of the next May Session. [^Passed
April 17.

CHAPTER 280.

ORDER REFKRRING THE PETITION OF THE PROPRIETORS OF TYNGS Legislative

TOWN FOR AN EQUIVALENT GRANT OF LAND. CoSncf f, xix*.^^

328. Mass.

A Petition of William Stickney i^gent for the Proprietors of ^xvlJI^'

the Plantation commonly call'd Tyngs Town, setting forth their :^i^

unhappy Circumstances by reason of their falling within the Line Archives,
of the Province of New Hampshire, & praying for an equivalent mniseJour-
Grant of Land, within this Province. province^'

Read and Laws, xii., 254,

Ordered that this Petition be refer'd till the next May Session for ^'''""i'- -^^•
Consideration. [Passed April 17.

520

Province Laws {Resolves^ etc.). — 1750-51. [Chaps. 281-284.]

CHAPTEK 281.

ORDER ALLOWING £5. 10 TO TERR^^^ CANE.

Legislative
Records of tlie
Council, xix.,
32S. Mass.
Archives,
Ixxiii., 765.

Mass.
Archives,
Ixxiii., 7()3.
House Jour-
nal, pp. 166, 216.
Ante, 13. 276,
chap. 37.

A Petition of Terence Cane shewing that his Lameness & Dis-
ability for Labour occasioned by the Wounds he received on the
Expedition against Cape Breton still continues, & therefore pray-
ing for further Releif from this Court.

Read and

Ordered that the Sum of five pounds ten Shillings be allowed by
the Comm^*^ of War Two pounds ten Shillings part of said Sum
to be paid to the Pef for his present Support. And the remaining
Sum of three pounds to be paid into the hands of Sam' Moody Esq''
for the Use of the Petitioner's Wife and Children. \^Passed April 17.

liegislative
Records of the
Council, xix.,
329. Mass.
Archives, oil.,
597.

CHAPTEE 282.

ORDER ALLOWING 5/ 4 PER DIEM TO THE COM^ee ON TAXATION.

?ai'^pp''2°5"95 Ordered that the Committee appointed to proportion the Tax

105 '(1749)';' ' of the scvcral Towns thro the Province to a thousand pounds; be
m Ante' ' allowed five Shillings and four pence each per Day during their
230^^^' ^'^^^" Sitting upon that Affair in the late recess of the Court. \^Passed
Ajjril 18.

Legislative
Records of the
Council, xix.,
329. Mass.
Archives, xiii.,
233.-

House Jour-
nal, p. 220.
Ante, p. 491,
chap. 210.

CHAPTEE 283.

ORDER DIRECTING THE CHARGE OF THE COMMITTEE ON THE EASTON
AFFAIR TO BE PAID BY THE TOWN.

Ordered That the Charge of the Committee appointed to view
the Circumstances of the Town of Easton, be born by the Said
Town. \_Passed Ajjril 18.

CHAPTEE 284

ORDER ALLOWING £8. 9 TO STEPH"* FALES AND FURTHER DIRECTING
THE GUARDIANS OF THE PUNCAPOG INDIANS TO RENDER THEIR
ACCOUNT.

Legislative
Records of the
Council, xix.,
329. Mass.
Archives,
xxxii., r2.S.

Mass.
Archives,
xxxii., 122-125.
House Jour-
nal, pp. 208,217.
I'rovince
Laws, xi.,113,
chap. 295.

A Petition of Stephen Fales shewing that Sarah Mamataug an
Indian of Puncapaug came to his House & fell sick & died there,
and the Petitioner was at the Expence of her Sickness & Funeral,
accompts whereof are herewith exhibited, Praying that this Court
would order the Guardians of the Puncapaug Indians to discharge
them,

Read and

Ordered that the Guardians of the Puncapaug Indians be and
they hereby are directed to pay to the Pef the Sum of Eight pounds
Nine Shillings out of the Interest Money in their hands, if there be

[3d Sess.] Province Laws {Resolves^ etc.). — 1750-51. 521

a Sufficiency, if not then out of tlie principall for the purposes men-
tioned

And it is further

Ordered That the Said Guardians lay before this Court an accompt
of their Proceedings, on tlie third Tuesday of the next May Session.
[Passed April IS.

CHAPTER 285.

VOTE ACCEPTING THE REPORT ON THE LAND BANK AFFAIR.

The Comm™''' appointed to consider the Accompts of the directors Legislative
of the Land Bank collectively, & also the Commissioners Accompts councif xlx"^^
are of Opinion, that there is due to the Company in Land Bank 33o.
Money from Sam^ Watts Esq'' Thirty Pounds, eleven shillings & Mass.
eight pence, Coll" Jahn Choate, Fourteen Pounds, fourteen shil- .m'^House'''
lings, M"' Thomas Chever One hundred Eighty eight Pounds ten "^""f^tf^^oi
shillings & eight Pence, M'' Peter Chardon Ninety Seven Pounds, Atite'p.m,
sixteen shillings & four pence, Robert Auchmuty Esq' Dec*^ Sixty ^^^^' ^^'
two Pounds three shillings & ten pence, Col° Eobert Hale One hun-
dred twenty five Pounds one shill^ & eleven pence, Samuel Adams
Esq' Dec^ Two hundred nineteen Pounds, five shillings & George
Leonard Esq' Ten Pounds, all which amounts to seven hundred
forty eight Pounds three sliillings & five Pence: which Sum the
said Directors & the Heirs of the Deceased ought forthwith to pay
to the Commissioners, and there doth not appear to the Comm^*^*^
any further Sums to be due to them collectively. The Comm**^®

are further of Opinion that said Directors & the Heirs of the De-
ceased ought to pay Forty Pounds Land bank Money each, as
their Proportion with the partners of the Charge of finishing the
Scheme. The Comm"""" are further of Opinion that all those

Persons & their Estates who were assessed by the Commissioners,
& whose Names were published in the Boston Gazettees of the 21^*
of August & 13 of November 1744: should be held to the Payment
of that part of said Assessment, which they have not yet satisfied,
& lawfull Interest from the Date of the Assessment, & Addition
of Ten ^ Cent towards defraying the growing Charges of the Sum
deficient, & that those Persons & there Estates wlio were assess'd,
& whose Names were published in the Supplement to the Boston
Evening Post of Dec' 27, 1715, should likewise be held to the
payment of that Part of said Assessment which they have not
discharged with lawful Interest from the Date & the Addition of
five p Cent towards Charges as aforesaid

The Comm"''' are further of Opinion that if after the receiving
of the several Sums, by the Commissioners aforesaid & their pay-
ing unto William Stoddard Esq' Eleven Pounds, eleven shillings
& seven Pence Land Bank Money due to him, there should not
be a sufficiency in the Hands of the Commissioners to finish the
Affair, that what future Sum shall be necessary be raised on the
Directors & Partners, viz' the Partners in proportion to the Sums
by them taken Out, respectively, and each Director shall be assessed
in the same Proportion to the Partners, as if he had taken out Two
hundred & fifty Pounds.

The Comm'''^ are further of Opinion that a Bill be brought in for
the several Purposes aforesaid, And with Eespect to the Accompts
of the Commissioners the Comm"^' have considered & adjusted the

522

Province Laws {Resolves^ etc.). — 1750-51. [Chaps. 286, 287.]

Same, according to their best Judgment, a Copy of which is here-
with Presented

Boston April IT, 1751 All which is humbly Submitted

J Wheelweight per Order

In Council Eead & Accepted

In the House of Eepresenf'^' Read & Concur'd & Judge Russell,
M' Trowbridge & Col" Otis with such as the Hon''''' Board shall join
be a Comm"''' to bring in a Bill accordingly In Council Read «&

Concur'd & Andrew Oliver & Thomas Hutchinson Esq" are Joined
in the Affair. [^Passed AptHl 19.

CHAPTER 286.

ORDER APPOINTING A COMMITTEE FOR THE SURVEY OF THE UNAP-
PROPRIATED LANDS IN HAMPSHIRE COUNTY.

Legislative In the House of Rep""*

councif.xix.,^ Ordered that Cap' Dwight and Col° Porter with such as the Hon'''®
Arein^ves^%i., Board shall Joyn be directed and impowered to Agree (on the easiest
5-21. terms they can) with a Skilful Surveyor to take a Plan of all the

House Jour- unappropriated Lands in the County of Hampshire lying on the
nai, pp.205, 220. ^Yggi- g-^^g q£ Connecticut River; and return the same to this Court

as soon as may be; together with His the s'' Surveyor's Judgment

as to the Quality of the said Lands

In Council Read and Concur'd & Israel Williams Esq"" is Joined

in the Affair. [^Passed April 19.

CHAPTEE 287

ORDER WITH STAY OF EXECUTION ON THE PETITION OF BEN'^ SHEL-
DEN TO REVIEW AN ACTION.

Legislative
Records of the
Council, xix.,
270,331.

Mass.
Archives,
xliii., 379-384.
House Jour-
nal, pp. 131, 222,
223.

A Petition of Benjamin Shelden of Rehoboth, shewing that an
Action between the Petitioner (as Surety to Preserved Alger) and
Peleg Brown & Elisabeth Gridley (as Administrators of John Grid-
ley of New Port in Rhode Island dec'') was tried at the Superiour
Court for the County of Barnstable, held in July last, where Judg-
ment was against him (by means of Some unfair Practices as he
apprehends) and Execution is issued thereupon,) ' praying that the
said Execution may be stayed, upon his giving Security to pay what
shall finally be recovered against him upon the Review.

Read together with the Answer of Sam' White Esq"" Attorney to
the adverse Party, And the matter being fully Considered

Ordered that the Prayer of the Petition be granted, & the Peti-
tioner is allowed to review his Action within mentioned, at the Supe-
riour Court of Judicature &c. to be holdon at Barnstable within &
for the County of Barnstable on the third Tuesday of July next,
and the Justices of the said Court are impowered & directed to hear
& try the Same, enter up Judgment & award Execution thereupon
accordingly, k the Execution within mentioned is staid in the mean-
time. Provided the Petitioner within thirty days from this Time,

* Sic, as to parenthesis.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 523

give Sufficient Security to the Sherrilf of the County of Bristol, to
pay what shall finally be adjiulged due from him together with Law-
full Interest for the Same, from the third Tuesday of July last, untill
the Day when Judgment shall be made up. [Passed April 19.

CHAPTER 288.

ORDER FOR TOWN MEETINGS IN TAUNTON & FREETOWN.

Whereas some Doubts have arisen whether the Town meeting Legislative
in the Towns of Taunton & Freetown in the month of March Last coundf, x'x'!!'
for the Choice of Town officers for the Currant Year wore Carryed 332. Mass.
on in a Legal manner, whereby great Difficultys may arise without cxvi., 6. '
the aid & interposition of this Court: Therefore Mass.

Voted ' that the Select-men of the Towns of Taunton & Freetown ^xvi^^^^g
for the year 1750 are hereby Directed & impowered to issue their House Jour-
Warrants Directed to one of the Constables of s'^ Towns for the °*i>pp-223.224.
year 1750. To Call a Town meeting as Soon as may be to make
Choice of the Several Town officers for the year Currant which
Should have been Chose in the month of March Last and the Said
meetings held there in the month of March Last & all the proceed-
ings therein with respect to the Choice of Town officers are hereby
Declared null & Void and in Case there should not be Select-men
Qualified according to Law. to Assist in Carrying on the meeting
for the Choice of Jurors for the next Sup^ Court to be held for the
County of Bristol that the Said Select-men for the year 1750. are
hereby Directed & impowered to Assist in Carrying on Said meeting
for the Choice of Jurors as afors**. \^Passed April 20.

CHAPTER 289.

ORDER ALLOWING £2 TO JOS. JOSLYN £4 TO EPH. WHEELER £1. 15 TO
EDWARD BAKER, £1. 10 TO NATHANAEL CHURCHILL.

Ordered"^ that the following Sums be allowed out of the publick R^fordso?the
Treasury to the after named Persons for Service done by ord'' of the council, xix.,

TT^noQ V^r, 333. Mass.

House VIZ. Archives, cii..

To Joseph Josslyn. Two pounds ^^i

To Ephraim Wheeler. Four pounds Mass.

• • Archives en*

To Edward Baker One pound fifteen Shillings eos.eoe. House

To Nathaneel Churchill One pound ten Shillings pp^Iie! 222, 227,

The above sums to be paid to M'' Speaker for the Use of the 228.
Accomptants. \^Passed April 23.

1 The House Journal, p. 223, reads, " Ordered.''
^ The House Journal, p. 228, reads, " Voted."

524

Province Laws {Resolves, etc.) . — 1750-51. [Chaps. 290-292.]

CHAPTEK 290

ORDER ALLOWING THE ACCOUNT OF THE GUARDIANS OF THE MASH-
PEE INDIANS.

Legislative
Records of the
Council, xix.,
333. Mass.
Archives,
xxxii., 128.

Mass.
Archives,
xxxii., 1-29.
House Jour-
nal, p. 228.

An Accompt presented by David Crocker & others Guardians of
the Mashpee Indians, of Receipts & payments for them,

Eead and

Ordered that this Accompt be allowed and that the Ball^ thereof
being Twenty Seven pounds Seventeen Shillings and four pence the
said Guardians be further accountable for,

Ordered also that the said Guardian[s] be allowed thirteen Shillings
and four pence each per Annum, for their Service from their appoint-
ment to this time. [Passed Ajjril 23.

CHAPTER 291

ORDER ALLOWING £8 TO CALEB LAMPSON.

Legislative
Records of the
Council, xix.,
3.34. Mass.
Archives,
Ixxiii., 715.

Mass.
Archives,
Ixxiii., 715.
House Jour-
nal, pp. 92, 99,
229.

A Petition of Caleb Lampson Keeper of the Powder House at
Charlestown shewing that he has served the Governm* in that Buss-
iness for four Years past, for which he has had no Salary, praying
that this Court would mal^e him such an Allowance as is suitable to
his said Office

Read and

Ordered that the Pef be allowed Eight pounds per Annum for
his Service within mentioned from September 24*^ 1746 to March
24''> 1750. {Passed April 23.

CHAPTEE 292.

ORDER IMPOWERING ABIGAIL SARGENT TO SELL LAND.

Legislative
Records of the
Council, xix.,
334. Mass.
Archives,
xviii., 749.

Mass.
Archives,
xviii., 748-755.
House Jour-
nal, pp. 205, 227.
Province
Laws, ii., 1.51,
chap. 10.

A Petition of M" Abigail Sargent Widow of the Reverend M'
John Sargent late of Stockbridge Clerk Dec*^ shewing that her said
Husband by his last Will & Testament bequeathed all his Personal
Estate to the Petitioner, & all his real Estates to his Children, mak-
ing no Provision for the payment of his Debts, praying that she may
be impowered to sell so much of the real Estate as may be sufficient
for that Purpose.

Read and

Ordered that the Prayer of this Pe'" be so far granted as that
the Pef be and hereby she is Impowered to make Sale of part of
the real Estate of the Deceased, not exceeding the Value of two
hundred pounds in order to pay ofE the Just Debts of the De-
ceased.

Provided she give proper Caution to the Judge of Probate for
the County of Hampshire, that the money arising by said Sale be
improved for the payment of said Debts; and that the remainder

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 525

thereof (if any there be) be improved for the Use and Benefit of
the Children, of the Deceased

Provided also that the Pef Observe the Directions of the Law
relating to the Sale of Intestate Estates. \^Passed April 23.

CHAPTER 293.

ORDER ON THE PETITION OF EBENEZER SALISBURY COMMITTING HIS
CAUSE DEPENDING IN BRISTOL COUNTY TO A JURY SUMMONED
FROM MIDDLESEX COUNTY.

A Petition of Ebenezer Salisbury, shewing that he has an Action Legislative
depending in the Superiour Court of Judicature, to be held at the council^ x*ix^^
Town of Taunton for the County of Bristol, in May next between 3i8. Mass.'"'
him & one Joseph Cleveland, relating to Title of Land on the same xim"Ii'l'
Gore which is claimed by Sylvester Richmond Esq"" & others, & for MasI
as much as there can not be an Impartial Jury taken out of the xun"!?-'
County of Bristol, (the Case being just the Same with Governour Legislative
Belchers Case) therefore praying that the Jury to be taken out of councif, xLx .?
the County of Middlesex for the tryal of Govern'' Belchers Action j"*uj. ^^J*"^^
may be impowered to try tlie Petitioners. pp. 202,229.

Read And it appearing That Joseph Cleveland the adverse Party, chap. 213*.^^'
has been Serv'd with a Copy of the petition, but no answer given in.

Order'' d that the Justices of the Sup'' Court of Judicature &a to
be holden at Taunton, within and for the County of Bristol on the
first Tuesday in May next, be and they hereby are impower'd and
directed to commit the Cause of the Pef to a Jury which Shall be
impanell'd out of the Persons Summon'd from the County of Mid-
dlesex to try the Cause of Governour Belcher. \^Passed Ajjril 23.

CHAPTER 294.

ORDER IMPOWERING MESSRS GERRISH AND BARRELL TO ENTER AN

APPEAL.

A Petition of Joseph Gerrish & John Barrell of Boston Mer- Legislative
chants, shewing that the Petitioners having appealed from a Judg- councff xLx.*!^
ment of the Inferiour Court of Coinon Pleas for the County of 322, 334.'
Suffolk to the Superiour Court of Judicature in Febr'' last in an Mass.
Action between the Petitioners & Capt John Homans the said Ap- xim.','l20-'422.
peal was brought on by the Court unexpectedly to the Petitioners, naTpp 5208/229.
when both their Attorneys were absent, and by that Means they
were Non, suited. Therefore praying that they may have a Trial of
their Appeal at the Superiour Court to be held by Adjournment
upon the 30 of May next, and that Execution on the Judgment
obtained against 'em be stayed in the mean time

Read together with the Answer of Capt John Homans, the adverse
Party & the Matter being fully considered

Ordered that the Petitioners be & they hereby are enabled to pur-
sue their Appeal within mentioned at the Superiour Court to be held
by Adjournm*^ at Boston within & for the County of Suffolk on the
thirtieth Day of May next, and the Justices of said Court are hereby
impowered & directed to admitt of the said xVppeal, hear & try the

526 Province Laws {Besolves, etc.). — 1750-51. [Chaps. 295, 296.]

said Cause, enter up Judgment & award Execution thereupon, the
Non Suit & Judgment within mentioned notwithstanding. Provided
the Petitioners pay the Costs hitherto sustained, & give Sufficient
Security to the Sherriff of the said County, to pay what Sum shall
be finally recovered as due, & also notify the said Homans of this
Order fourteen days at least before the sitting of the said Court.
\_Passed April 24.^

CHAPTER 295.

ORDER IMPOWERING THE JUSTICES OF THE SUPERIOR COURT FOR THE
COUNTY OF SUFFOLK TO ADMIT WILLIAM STEWART AS A PARTY IN
AN ACTION.

Legislative
Records of the
Council, xix.,

320. Mass.
Archives,
xviii., 766.

Mass.
Archives,
xviii., 765.
Legislative
Records of the
Council, xix.,
335. House
Journal,
pp. 205, 206, 230.

A Petition of Hugh M°Daniel Attorney of Eachel Rouse, shew-
ing that the said Rachel as Administ^ of the Estate of Benjamin
Call Dec'' commenced several Actions against Benjamin Colman,
Christopher Tilden & Nathaniel Sparhawk, and in one Action one
William Stewart was included, That at the Superiour Court held
at Boston in Febr^' 1749, the several Actions were refer'd to the
three indifferent Gentlemen, who reported in favour of the said
Rachel £56. 1. 7 in which Report the said Stewart was included, on
which the Justices refused to make up Judgment in that Manner,
the said Stewart not having been served with the original Process,
but for as much as the said Stewart is willing to be admitted as a
Party, praying that the Judges of said Court may be impowered
to make up Judgment accordingly.

Read, and it appearing that M'' Benj'' Colman, Att° to William
Stewart, the adverse Party, is consenting thereto,

Order'd That the Justices of the Superiour Court of Judicature
&** to be holden, by adjourment, at Boston within and for the
County of Suffolk on the thirtieth day of May next be and they
hereby are allow'd and impower'd to admit the Said Stewart as a
Party in the Case within mentioned. [Passed ApiHl 24.

CHAPTER 296

ORDER DETERMINING FEES FOR POWDER STORED IN

HOUSE.

:HE POWDER

Legislative
Records of the
Council, xix.,
335. Mass.
Archives,
Ixxiv., 9.

House Jour-
nal, p. 230.

Ordered that for all Powder Belonging to Merchants or other
private Persons Put into the Powder House in Boston, the Keeper
thereof be Directed, to take of them for the Use of the Province,
Nine pence per Barrell at the Receipt thereof; and four pence, half
penny per Barrell Per Month for three Months next after the first;
And then three pence Per Barrell per Month, during it's Lying there,
Untill this Court Shall Otherwise Order. [Passed April 24.

» This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is April 23.

[3d Sess.] Province Laws (Hesolves, etc.). — 1750-51. 527

CHAPTER 297.

ORDER IMPOWERING ISAAC MILLS AND NATHANIEL DEWING TO ENTER

THEIR APPEALS.

A Petition of Isaac Mills of Needliam & Nathaniel Dewiug of Legislative

KiGCOrClS of till6

Weston, shewing that they severall[y] prosecuted their Appeal before Council, xix.,
the Lieu' Governour & Council from a Decree of the Judge of Pro- Arciii^esT'
bate for the County of Suffolk relating to the Estate of Samuel Mills xviii., 7-2o'.
deceased, but thro' their Ignorance & Mistake (the Lawyer who first Mass.
undertook the Affair being Dead) they neglected to file their Eea- xvm.^Tis.
sons of Appeal in Season according to Law, by which Means the naTjf 229"^
said Appeals were dismissed, Praying that this Court would enable
them to claim & prosecute their Appeals anew.

Read and

Ordered that the Pet" be and they hereby are Impowered to Enter
their appeals within mentioned within ten days from this time, and
Prosecute the same to Effect before the Governour and Council in like
manner as though the Same had been Entred within three Months
after tlie appeals aforesaid were severally Claim'd.

Provided the Pet" serve the Appellee William Mills with a Copy
of this Order fifteen days at least before a Tryal be had on the
Appeals aforesaid, or either of them. [Passed April 24.

CHAPTER 298.

ORDER DIVIDING THE COST OF REPAIRS TO THE TOWN-HOUSE IN

BOSTON.

Whereas the Charge of building the Town-house in Boston was Legislative
by the General Court ordered to be paid one half by the Province, councif, xix^f
one Quarter part thereof by the Town of Boston, and the other 337. Mass.
Quarter part by the County of Suffolk; and it has been Resolved cxvi., 28.'
by the General Court, that the said Town and County shall pay Mass.
the same proportion in the late Repairs thereof the whole Charge ^x'vi'^'^29^'
of which Repairs amounts to thirty seven hundred five pounds House Jour-
eleven shillings and four pence lawful Money : 23i'232.' Ante,

Wherefore _ ?to^%' nof"

Ordered, that the Town of Boston aforesaid, pay into the Prov- chap. 276.'
ince Treasury nine hundred twenty six jDounds seven shillings and
ten pence, being one Quarter part of the Charge of said Repairs,
and that the County of Suffolk j^ay into the Province Treasury
Nine Hundred Twenty Six Pounds Seven Shillings and ten pence
being also one Quarter part of the Charge of Said Repairs and the
Province Treasurer is hereby ordred and Directed to proportion
the Sum of Nine Hundred Twenty Six Pounds Seven Shillings
and ten pence to and Among the Towns in the County of Suf-
folk According to the proportion which Each Town in Said County
bear one to the Other in the present Valuation and the Said Treas-
urer is further

Ordered to Give out his Warrant to the Assessors of the Town
of Boston for the Year 1751 requiring them to Assess the Sum of
Nine Hundred Twenty Six Pounds Seven Shillings and ten pence

528

Province Laws {Resolves, etc.). — 1750-51. [Chaps. 299, 300.]

on the polls and Estates in Said Town of Boston According to the
Direction of the present Valuation and also to give out his AVarrants
to the Assessors of the Several Towns in Said County of Suffolk
requiring them to Assess on polls and Estates in their Eespective
Towns their proportionable parts of the Said Sum of Nine Hun-
dred and Twenty Six Rounds Seven Shillings and ten pence by the
Same Eule aforesaid and the Said Treasurer and the Assessors afore-
said and the Collectors and Constables to whome The Assessment
for the Tax aforesaid Shall be Committed be and hereby are fully
impowered and Directed to Act in their Respective offices for the
Enforcing the payment of Said Sums into the Province Treasury
on or before the last Day of December Next in all Respects as by
the Law of this Province Said officers are impowered to do for the
Enforcing the payments of Province Taxes. \^Passed April 25.

CHAPTER 299.

ORDER IN REGARD TO THE REDEMPTION OF CAPTIVES TO BE BROUGHT

FROM CANADA.

Legislative
Records of the
Council, xix.,
337. Mass.
Archives,
cviii., 414.

Mass.
Archives,
cviii., 41.'5.
Legislative
Records of the
Council, xix.,
324. House
Journal, p. •l?yl.

Jacob Wendell Esq^ from the Comm'*® appointed to consider his
Honour's referring to the Redemption of the Captives, gave in their
Report

Read and not accepted and

Ordered that the Secretory be directed to write to the Relations
of the Captives in Canada, Advising them of the probability that
said Captives will be brought to Crown Point some time in the next
Month, that so the said Relations may make provision for the Re-
demption of said Captives. \_Passed April 25.

CHAPTER 300.

ORDER REFERRING THE PETITION OF CAPT JN" WENDELL IN REGARD
TO PROVINCE BOUNDS.

Legislative
Records of the
Council, xix.,
338. Mass.
Archives, vi.,
530.

Mass.

Archives, vi.,
5-25, .V2S; cxv.,
668. Legisla-
tive Records of
the Council,
xix., 302.
House Jour-
nal, pp. 126, 130,
1 12, 143, 174, 232,
233. Ante,
p. 423, chap. 37;
p. 448, chap. 99.

On THE Petition of Capt John AVendell {ante, p. 423, chap. 37]
Ordered That the Consideration of this Alfair be further referred
to next May Session ; and all Strip & Waste on the Land within men-
tion'd are strictly forbidden, and all Processes in the Law are staid
in the mean time : And whereas, by Reason of the Courts Interposition
in the Affair, The Time, by Law limited for Reviews, may be lapsed,
and other Process, which the Parties were intitled to, prevented,
wliich unless aided by this Court, may prove greatly injurious to
them. Therefore further

Ordered That neither of the Parties shall be prejudiced by such
Interposition ; But that, for the Space of six Months from the final
Determination of this Court on the affair, tliey be & hereby are
allowed all such Process & Pleas as they would have had before
the Court interposed. [Passed April 25.

[3d Sess.] Province Laws {Resolves, etc.). — 1750-51. 529

CHAPTER 301.

ORDER IN REGARD TO ISSUING SMALL BILLS OF CREDIT AND FOR
CONVERTING PISTARS &c. INTO SPANISH MILLED DOLLARS.

Whereas by Order of this Court three thousand Pounds in small J^^sisiative

.y ^ nc 1 -\ -\ -I • im Records of the

Bills suitable tor Change were struck on: & lodged m the Treasury Council, xix.,

the greatest Part thereof remains there, which some Persons may ^—

be desirous of taking in Lieu of y^ Silver, that they may be intitled nai^^p! 235"''

to receive out of the Treasury, pursuant to an Act made & passed Province

in the twenty second Year of his present Majestys Eeign entitiled chap. 15. 'Ante,

an Act for drawing in the Bills of Credit of the several Denomina- P^^^ss.chap.

tions which have at any time been issued by the Governm' and are

still outstanding, and for ascertaining the Eate of coined Silver in

this Province for the future, therefore

Ordered that the Province Treasurer deliver out the Remainder
of these Bills to such Persons as desire to receive the same, in lieu
of the Silver they are intitled unto or to such Persons as will give
Spanish Mill'd Dollars in Exchange for the same, and that the Dol-
lars & other Silver, that the Bills shall be delivered out in lieu of,
or exchanged for remain in the Treasury as a Fund or Security for
the redemption of such Bills, and that any Person possessed of Six
Shillings in those Bills may upon delivery thereof to the Province
Treasurer receive of him Six shillings of the said Silver therefor,
& he is hereby Ordered to exchange the same accordingly.

And whereas there is a Number of Pistareens & other small Peices
of Silver of a baser Kind in the Hands of the Treasurer

Ordered that he use his best discretion in converting the same
into Spanish mill'd Dollars for the best Advantage of the Province.
\^Passed April 26.

CHAPTEE 302.

ORDER WITH STAY OF EXECUTION ON THE PET"* OF EDW° HUTCH-
INSON, ESQ.

A Petition of Edward Hutchinson Esq' Judge of the Probate Legislative
of Wills for the County of Suffolk, shewing that at the Desire of counctf, x'x!!^
Ephraim AVheeler of Boston he put in Suit the Bond of the Ad- fl-^^^llT'
minisf of his Fathers Estate upon Suggestion of Wast Committed, xviii., 686.
In which Suit Judgment was given for the Defendants, & the Charge Mass.
thrown upon the Petition'' praying that an Act may be pass'd by this xvm.relt.
Court for obliging the Persons at whose request such Bonds are sued i^^^^'^^Jf ^.j^g
to bear that Charge, or that the Petitioner may be otherwise releived. councu.xix.,

In Council; Read, And it appearing that the adverse Party lias jo^ur^at"^^
been served with a Copy of this Petition, but no Answer given in, pp. les, 173, 235.

Ordered that the Execution therein refer'd to, be stayed until the
next May Session ; & that Francis Foxcroft Esq'" with such as the
jjQ^bie j^o^ge ghall join, be a Committee to prepare the Draught of
a Bill for the Purposes in the said Petition mentioned, & make Report
at the Beginning of the said Session.
In the House of Rep'"'"

Read and Concurd and M' Trowbridge & Judge Russell are Joyned
in the Affair. [^Passed April 26.

530

Province Laws (Resolves, etc. ) . — 1750-51. [Chaps. 303-306.]

Legislative
Records of the
Council, xix.,
339. Mass.
Archives,
Ixxiv., 10.

House Jour-
nal, p. 234.

Legislative
Records of the
Council, xix.,
982. Mass.
Archives,
Ixxxviii., VI.

Legislative
Records of the
Council, xix.,
292. House
Journal, p. 236.
Ante, p. 492,
Chap. 212.

CHAPTEE 303.

VOTE FOR POSTING A HOUSE CARPENT" AND MASON AT CASTLE WIL-
LIAM.

Voted that an Establishment be made for a House Carpenter and
Mason to be Posted at Castle William at forty Shillings per Month
each for one Year in the room of two private Centinels. {^Passed
April 26.

CHAPTER 304.

ORDER IN REGARD TO LOTTERY TICKETS PURCHASED BY MEMBERS
OF THE GREAT AND GENERAL COURT.

Ordered that the Managers of the Lottery be directed to recieve
from the Members of the General Court Orders upon the Treasurer
for the sums of Money due to them for their Attendance &c (or any
part thereof) for any Tickets which they shall purchase. \Passed
April 26.

CHAPTER 305.

ORDER ON THE PET^ OF ISAAC ROYAL AND OTHERS OF STOUGHTON
TO BE SET OFF TO THE TOWN OF WALPOLE.

Legislative
Records of the
Council, xix.,
323, 340. Mass.
Archives, cxv.,
8.58..

House Jour-
nal, pp. 207,227,
228,231,233,234,
236.

A Petition of Isaac Royall Esq'' Ebenez'' Eobins & others, some
Proprietors, & others Inhabitants of Lands in the Town of Stough-
ton, setting forth the great Difficulties they are under, by reason the
distance their Lands are at from the School & Place of Publick Wor-
ship, in Stoughton, & praying that their Estates may be sett off to
the Town of Walpole,

Read and accepted, and the Pef^' and their Estates are Set off to
the Town of Walpole, so far as respects the ministry and School,
until this Court Shall otherwise order; and that in the mean time,
the Pet" and their Estates be exempted from paying any thing
towards the Support of the ministry, and School in the Town of
Stoughton, and the assessors of the Town of Walpole are impow-
ered to assess the Pet" and their Estates towards the charge of the
ministry and School in Said Walpole and the Collectors to collect
Such assessment accordingly. \^Passed April 26.

CHAPTER 306.

VOTES DIRECTING THE RETURN OF THE EXECUTIONS AGAINST THE
CONSTABLES OF ATTLEBORO AND SWANZEY.

Legislative Whereas there is now in the hands of the Sherriff of the County

Council, xix., of Bristol sundry Executions against Defective Constables in the
^ Towns of Attleboro & Swanzey, viz' against Benjamin Brown, John

[3d Sess.] Frovince Liaws (Besolves, etc.). — 1750-51. 531

Eobius, John Sweetlaud & Jeremiah Bartlet, John French, Henry Jos- Mass.
selyn, Ebenezer Tyler, Obadiah Fuller, William Wolcott, Benjam" ,a2?^Hou8^e""
Day, Solomon Smith, John Weeks, Caleb Hall, Benjamin Wise, iZl^^]'-m^^'
Thomas Sweet, John Titus, Noah Robinson, & Jonathan Freeman, chap', isi;
all of Attleboro & Andrew Cole, Charles Mason, David Wood & ^^t^' ''^''^■
Ephraim Salisbury, all of Swanzey & the Taxes in their Hands for
which they are now in Arrear & have not paid in & accounted for,
is against those who were taken in to Ehode Island Government, by
the late runing of the Line, therefore

Voted that the Sherriff of the County of Bristol be & hereby is
directed to return into the Treasurers Office the Executions that
are in his Hands, against the aforesaid Constables, and that the
issuing any other Executions against the said Constables for the
Taxes aforesaid, be suspended untill the further Order of this Court.
[Passed April 26.

CHAPTEE 307

RESOLVE CONSTRUING THE ACT IN ADDITION TO THE ACT FOR DRAW-
ING IN BILLS OF CREDIT, ETC.

Resolved that it is the true Intent & Meaning of the Act pass'd Refordfjf^the
in the present Session of the General Court, intitled an Act in Council, xix.,
further Addition to the Act for drawing in the Bills of Credit of ArchivesTcu.,

the several Denominations which have at any time been issued by *^_}^

this Governm' & are still outstanding, & for Ascertaining the Rate ^j^"j"^f 236^^"
of coined Silver in this Province for the future, that not only such province '
Orders, as may hereafter be given upon the Treasurer, by the Com'^'' ^h&\y.'-u.''^^^'
for exchanging the Bills, but also such Orders as are already given,
& are not yet discharged should be receiv d into the Treasury in
Payment of the Taxes already due, & that such of said last men-
tioned Orders as shall not be paid in for Taxes, should be paid off
by the Treasurer according to the Priority of the Dates, before any
of the Orders that may be hereafter given, & the Treasurer of the
Province & all others concerned are to govern themselves accord-
ingly. [Passed April 27.

CHAPTER 308.

RESOLVE DIRECTING THE TREASURER TO RESERVE SILVER FOR THE
REDEMPTION OF THE SMALL BILLS OF CREDIT.

Resolved that the Treasurer be directed to retain in the Treasury Legislative
somuch only of the Silver contain'd in the three Chests that were councff, xL*!!^
Ordered to remain in the Treasury, as a Fund & Security to redeem '^l\-^^^^m^-^^^^
the three thousand pounds, in small Bills struck off the ' in the Year 6X3.
1749 as shall be Sufficient to Redeem those Bills that have been deliv- House Jour-
ered out of the Treasury. [Passed April 27. fnte,v^tk,

chap'. 237.

» Sic.

RESOLVES, ORDERS, VOTES,

ETC.

Passed 1751-52.

1633J

LEGISLATIVE LIST^

i75i-5^-

The Honorable SPENCER PHIPS, Esq., Lieut. Governor,

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

JOSIAH WILLARD, Esq.,

SECRETARY OF the PROVINCE.

COUNCILLORS OR ASSISTANTS.^

Of the Inliabitants of or Proprietors of Lands within the Territory formerly
called the Colony of the Massachusetts Bay ;

John Osborne
Ezekiel Lewis
Francis Foxcroft

JOSIAH WiLLARD

Jacob Wendell
Joseph Wilder
Benjamin Lynde
Daniel Russell
Samuel Danforth

William Fote
John Greenleaf
Samuel Watts
■John Quincy
>EsQRS. John Chandler

Ezekiel Chever
Joseph Pynchon
Andrew Oliver
Thomas Hutchinson

'Esqrs.

Of the InhaUtants of or Proprietors of Lands toithin the Territory formerly
called the Colony of New Plimouth ;

John Gushing ) George Leonard

Sylvanus Bourn (J^sqrs. j^^^^ Q^^g

Esqrs.

Of the Inhabitants of or Proprietors of Lands within the Territory formerly
called the Province of Mayne ;
Sir William Pepperel, Baronet, Jeremiah Moulton & John Hill, Esqrs.

Of the InhaUtants of or Proprietors of Lands within the Territory lying
hetween the River of Sagadahock & Nova Scotia ;

John Wheelavright, Esq.

» See Legislative Records of the Council, xix., 342-345.

'- Isaac Royall, Councillor for the Province at large, elected by the House of Representatives, was
rejected by the Governor. — House Journal, p. 7.

[535]

536 Province Li Aws (Resolves, etc.). — 1751-52. [Representatives.]

For the Province, at large : —
James Minot & Isaac Royall, Esqrs.

REPRESENTATIVES OR DEPUTIES.

Ma^j 29, 1751 to April 7, 1752.

Mr. THOMAS HUBBARD, Speaker.

County of Suffolk.

Boston, . . . James Allen, Esq.,

Thomas Hubbard, Esq.,
Mr. John Tyng,
Mr. Harrison Gray.

Roxbiu-y, . . Joseph Heath, Esq.

Dorchester, . . Mr. Thomas Trott.

Braintree, . . Joseph Crosby, Esq.

Hingham, . . Mr. Jacob dishing.

Dedham, . . Mr. Joseph Ellis.

Medfield, . . Mr. Ephraim Cheny.

Wrentham. . . Mr. John Goldsbury.

Stoughton, . . John Shephard, Esq.

Needham, . . John Fisher, Esq.

County of Essex.

Salem, . . . Mr. John Leach,

Mr. Daniel Gardner.

Ipswich, . . Francis Coggswell, Esq.

Neivbury, . . Mr. Richard Kent.

Marblehead, . Mr. John Bailey.

Andover, . . Capt. Joseph Erie.

Beverly, . . Capt. Henry Herrick.

Rowley, . . . Capt. John Northend.

Salisbury, . . Mr. Abraham Morrell.

Haverhill, . . Capt. John Hazzleton.'

Qlocester, . . Mr. William Parsons.

Amesbury, . . Mr. Isaac Merrill.

Boxford, . . Mr. Jonathan Foster.

Topsjield, . . Mr. David Balch.

Bradford, . . Capt. Benjamin Millakin.

County of Middlesex.

Garnbridge, . Andrew Boardman, Esq.,

Edmund Trowbridge, Esq.

Gharlestown, . Isaac Royall, Esq.

Watertoion, . Mr. John Hunt.

Concord, . . Chambers Russell, Esq.

^ The House Journal, p. 4, reads, " Capt. Philip
reads, "John Haseltine."

2 Middlesex County History, vol. iii., p. 475, gives

County of Middlesex — Concluded.

Wobiirn,
Reading,
Newton,
Sudbury, .
Marlborough,
Billerica, .
Framingham,
Lexington, .
Chelmsford,
Qroton, .
Malde7i, .
Weston, .
Medford, .
Waltham, .

. Mr. Edward Walker.
. Capt. Thomas Eaton.
. Mr. Robert Murdock, Jr.
. Mr. Samuel Paris.
. J\Ir. Samuel Wit.
. Mr. William Stickney.
. Joseph Buekminster, Esq.
. Capt. Benjamin Read.
. Capt. Ephraim Spaulding.
. William Lawrence, Esq.
. Joseph 2 Bucknam, Esq.
. Mr. Abijah Upham.
. Mr. Stephen Hall, Jr.
. Capt. Samuel Livermore.

County of Hampshire.

Springfield, . John Worthington, Esq.

Northampton,

Eadley, .

Hatfield,

Westfield,

Brimfield,

Sheffield,

Joseph Hawley, Esq.
Eleazer Porter, Esq.
Oliver Partridge, Esq.
Mr. Eldad Taylor.
Mr. Thomas Stebbins.
David Ingersol, Esq.

County of Worcester.

Worcester, . . Benjamin Flag, Esq.

Lancaster, . . Joseph Wilder, Jr., Esq.

Brookfield, . . Joseph Dwight, Esq.

Leicester, . . Thomas Steel, Esq.

RiUland, . . Mr. John Murray.

Lunenburg, . Mr. William Down.

Shrewsbury, . Xahum Ward, Esq.

Oxford, . . . Ebenezer Learned, Esq.

Harvard, . . Capt. Jonathan AVitney.

Bolton, . . . Mr. John Wetcomb.

Sturbridge, . Mr. Moses Marcy.

Hasleton; " Essex County History, vol. ii., p. 2052,

the name as " Joses Bucknam."

[Representatives.] Province Laws (i?eso?ves, e^c). — 1751-52. 537

County of Plimoutii.
Plimouth, . . Edward Winslow, Esq.
Plymjjtoii, . . Mr. George Briant.
Scituate, . . Mr. Ensig-n Otis.
Bridgwater, . Capt. Josiah Edson.
Marshficld, . . John Little, Esq.
Pembroke, . . Mr. Israel Turner.
Duxbury, . . Gamaliel Bradford.
Middleboroucjh, Peter Oliver, Esq.
Rochester, . . Mr. Samuel Wing.
Kingston, . . Mr. Joseph Mitchel.
Hanover, . . David Stockbridge, Esq.

County of Barnstable.

Barnstable, . . James Otis, Esq.

Sandwich, . . Timothy Ruggles, Esq.

Yarmouth, . . Mr. Joseph Hall.

Eastham, . . Mr. John Freeman.

^ The House Journal, p. 4, reads, "Mr. William
"William Slade."

County of Bristol.
Taunton, . . . Samuel White, Esq.

Rehoboth,

. Mr. Nathaniel Smith.

Dartmouth,

. Capt. Nathaniel Sole.

Norton, .

. Ephraim Leonard, Esq.

Atileborough,

. Mr. Benjamin Day.

Swanzey,

. Mr. William Stead.'

Dighton, .

. Mr. William Smith.

County of York.

York, .

. Capt. Thomas Bragdon

Kittery, .

. Mr. John Dennet.

Berwick, .

. Mr. William Gerrish.

Wells,

• Mr. Nathaniel Wells.

Falmouth,

. Jabez Fox, Esq.

North Yarmouth, Jeremiah Powell, Esq.

In the County of Nantucket.
Sherburn, . . Mr. Abishai Folger.
Slead;" the Bristol County History, p. 656, reads,

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Twenty-ninth Day of May, A.D. 1751-

CHAPTER 1.

ORDER ACCEPTING THE ACCOUNT OF THE TREASURER OF WORCESTER

COUNTY.

An Accompt presented by Daniel Howard Esq"' Treasurer of the Legislative
County of Worcester for the Year 1750, having been laid before the councn" xil'^f
Court of General Sessions of the Peace for the said County & by ^*^^,^f^f|^^-
them allowed, ccxiviii., 4.

Read and Mass.

Ordered that the within Account be allowed and that the Ballance ;fc^^^m^.^'4.
thereof being thirty three pounds Nine pence half penny Lawful House^Jour^
Money; as also the Sum of Twenty one pounds Nineteen Shillings '^^'PP- '
and eleven pence New Tenor (so called) laid on the Town of Wood-
stock 1748 and 1749. And the further Sum of Nine pounds
fifteen Shillings and Eight pence Lawful Money laid on said Town
1750, which two last sums the said Treasurer is likewise to Account
for, us He shall reciqve the same or any part thereof. [Passed Jime 1.

CHAPTER 2.

ORDER ACCEPTING THE ACCOUNT OF THE TREASURER OF PLYMOUTH

COUNTY.

An Accompt presented by Edward Winslow Esq'' Treasurer of the Legislative

County of Plymouth for the Year 1750 having been laid before the ^^Snctf.xix!',^

Court of General Sessions of the Peace for the said County & by ^

them allowed House Jour-

tnem 'liio^vea, nai.pp.io.n.

Kead & Accepted &

Ordered that the Ballance thereof being Eighty six Pounds four-
teen shillings & four pence the said Treasurer is further accountable
for. [Passed June 1.

CHAPTER 3.

ORDER ACCEPTING THE ACCOUNT OF THE TRUSTEES OF THE HASSA-

NAMISCO INDIANS.

An Accompt presented by John Chandler, John Jones & Edward ||f^^rd"ofthe
Baker Esq' Trustees of the Hassanamisco Indians, containing their coimdi,xix.,
Receipts of the said Indians Money, & their payments & Disburs- Archive^'
ments for them, xxxn., 11 >. —

[539]

5^0

Province Laws {Resolves, etc.). — 1751-52. [Chaps. 4, 5.]

Mass.
Archives,
xxxii., 116.
House Jour-
nal, 1). 11.
Province
Laws, xiii., 326, ,

chap. -227. June 1.

Read and

Ordered that the above Ace' be accepted and that the Ballance
thereof being three pounds and Six pence three farthings Interest
Money, the said Trustees be further Accountable for. \^Passed

CHAPTER 4.

Legislative
Records of the
Council, xix.,
349.

House Jour-
nal, p. 15.
Ante, p. 369,
chap. 265.

ORDER INSTRUCTING THE COMMITTEE APPOINTED TO EXCHANGE BILLS

OF CREDIT.

Ordered that the Comm''''' appointed to exchange the Bills of
Credit of the Province for Silver &c. be directed to sit & give
Certificates for the Bills they have in their Hands, and that they
receive the Bills of all those Persons, who have here to fore offered
them for exchange or whose Names are enter'd with said Comm'*^
& give Certificates therefor agreable to the Directions of the Act
passed the last Session of the Court for that Purpose, Provided the
Bills be lodged with the Coinm'^'^*' on or before the twelfth Instant.
\_Passed June 4.

CHAPTER 5.

Legislative
Records of the
Council, xix.,
350. Mass.
Archives,
cviii., 434.

Mass.
Archives,
cviii., 420-433.
House Jour-
nal, pp. 16, 17.

RESOLVE AND ORDER PROVIDING FOR THE TRANSPORTATION TO MARY-
LAND OF CERTAIN PERSONS ARRESTED UNDER SUSPICION OF HAVING
COMMITTED MURDER IN THAT PROVINCE.

The Secretary carried down the following Message from his
Honour the Lieu* Governour to the House of Represent''' viz*

Gentleman of the House of Represent^*^^ During the Recess

of the Court two Persons were taken up in the County of York, on
suspicion of being guilty of a most barbarous Murther in the Prov-
ince of Maryland, & upon the Confession of one of them, were com-
mitted to Prison in the County of York: And with the Advice of
His Majestys Council I ordered them to Boston, with an Intent to
cause them to be transported to the Government where the Fact
was committed, and I am informed that a Vessell is now bound
thither the Master of which is willing to take them aboard, if he
can have a suitable Consideration therefor. As the General Court
is now sitting & this Affair will be attended with some Charge, I
think it convenient to acquaint you therewith, that you may con-
sider thereof, & come into such Resolutions thereon as you shall
find it necessary.

The House entred into the consideration of His Hon""' Mess-'
respecting two Persons apprehended in the County of York on
Suspicion of their being guilty of a Most barbarous Murther in
the Province of Maryland; which Persons by Order have been
transported to Boston, and are now in His Maj''^ Goal there. And
after a Debate

Resolved that His Hon"" the Lieu' Gov' be desired to give Order
that the said Persons (as soon as may be) be transported to the
Province of Maryland in order for their Tryal; and that the Ex-
amination taken, and papers relating thereto now lying before this

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 4.

[LsT Sess.] Province Laws {Resolves, etc.). — 1751-52. 541

Court, be transmitted to the Autliority there, after they are properly
Authenticated,

Ordered also that the Commissary Gen' be directed on the easiest
terms He can to Contract with the Master of the first Vessell bound
to Maryland to transport the said Persons there. And that He write
to the Secretary of the said Province, desiring that the said Contract
may be discharged by said Government. \^Passed June 5.

CHAPTER 6.

; VOTE IMPOWERING A TOWN MEETING TO BE CALLED AT BERKLEY.

A Petition of the Select Men of the Town of Berkley for the Legislative
last Year in behalf of said Town shewing that by Reason of the coSncii^ xix!l^
Difficulties attending the Choice of Town Officers, referring to 349. Mass.
the Oath lately enjoined, the Anniversary Meeting of said Town cxvi., io6a.
in March last, broke up without appointing Officers for the pres- Mass.
ent Year praying that they may be allowed another Meeting of the ^yj^^oe.
Inhabitants for settling their Officers. House Jour-

Vofed^ that the Select men of the Said Town of Berkley for the '^^' '
year 1750. are hereby Directed & impowered to issue their Warrant
to the Constable of Said Town for the year 1T50 to Call a Town
meeting as Soon as may be to make Choice of the Several Town
officers for the year Currant which Should have been Chose in the
month of March Last and the Said Town officers, when Chosen
shall be as much obliged (to all intents & purposes) to Serve in
the Said offices to which they Shall be respectively Chosen as tho'
they had been Chosen in the month of March Last. [Passed June 6.^

CHAPTER 7.

ORDER ON THE MEM'^ OF THO** HUTCHINSON, ESQ^, AND VOTE THAT
THE PROVINCE AGENT BE ACCOUNTABLE FOR THE AMOUNT MEN-
TIONED.

A Memorial of Thomas Hutchinson Esq'' shewing that in the Legislative
Year 1741 when He left England he committed the Care of cer- ^^TS xix^f
tain Affairs relating to the Lands taken out of this Province (and soi. Mass.

. . . ^ ArcnivGB cii.

by a new Line run,) set over to New Hampshire to Eliakim Palmer 621.
Esq'' of London now Dec'' to whom was remitted one Hundred Pounds Mass.
Sterling by this Governm' for the Charges of prosecuting said Affair, ^ly^^House"'*
that upon the Death of the said M' Palmer it was found he had ex- Journal pp-i*.
pended in that Service, No more than the Sum of Seven Pounds, province
and the remainder of the said £100 is Loged in the Hands of M^ chap! 125""^^^'
Agent Bollan, praying that the Memorialist as well as the Heirs of
M'' Palmer may be discharged of said Money.

Read and

Ordered that the Prayer of this Memorial be granted.

And that the Memorialist and the Heirs of the late Eliakim Palmer
Esq'' be and they hereby are discharged of Ninety three pounds Ster-
ling accordingly.

' The House Journal reads, " Ordered."

2 This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is June 5.

542

Province Laws {Resolves, etc.). — 1751-52. [Chaps. 8-10.]

And forasmuch as it appears that William Bollan Esq'' Agent for
this Province has recieved the said Ninety three i^ouuds

Voted that the said M'' Bollau be accountable for the said Sum.
And that the Treasurer be and he hereby is directed to remit to the
said M"" Bollan no more than Seven pounds (part of the hundred
pounds Sterling, granted to the said M' Bollan for the said pur-
pose) until the further Order of this Court, {^Passed June 6.

CHAPTER 8.

Legislative
Records of the
Council, xix.,
351. Mass.
Archives,
cxvi., 45.

Mass.
Archives,
cxvi., 43.
House Jour-
nal, pp. 13, 14,
18.

ORDER CONFIRMING THE PROCEEDINGS OF A TOWN MEETING AT

BERWICK.

A Petition of the Select Men of the Town of Berwick shewing
that by reason of the many Adjournm*^ of their Aniversary Meeting
in March last, some Persons have called in Question the Legality of
cheir Elections, & other Proceedings on said Adjournments, praying
for relief from this Court.

Read and

Ordered that the Prayer of this Pet" be so far granted as that the
several Votes herein mentioned relating to the Choice of Town OflBcers
be and hereby are confirmed

And that the said Town officers be and they hereby are as much
Obliged (to all intents and purposes) to Serve in the respective
Offices to which they were Chosen as though they had been Chosen
in the Month of March last. \^Passed June 6.

CHAPTER 9.

Legislative
Records of the
Council, xix.,
351. Mass.
Archives,
cxvi., 105.

VOTE IMPOWERING A TOWN MEETING TO BE CALLED AT WAREHAM.

A Petition of the Select Men of the Town of Wareham in behalf
of said Town setting forth their Difficulties in setling Town Officers
at their last March Meeting which broke up without finishing that
Work praying that they may be allow'd another Meeting for trans-
acting those Matters

[Read and]

Voted that the Select-men of the S'' Town of Wareham for the
year 1750. are hereby Directed and impowered to issue their War-
rant to the Constable of said Town for the year 1750. to Call a
Town meeting as Soon as may be to make Choice of the Seueral
Town officers for the year Currant which Should haue been Chose
in the month of March Last and the Said Town officers when Chosen
shall be as much obliged (to all intents & purposes) to Serue in the
said offices to which they Shall be respectively Chosen as tho they
had been Chosen in the month of March Last. [^Passed June 6.

CHAPTER 10.

ORDER OF NOTICE ON THE PETITION OF BENJ. BARNES IN REGARD
TO A LAPSED DEVISE.

Records^of^the ^ PETITION of Benjamin Barns of Plimouth shewing that his
Council, xix., Father William Barns (now deceased) by AVill, bequeathed part

[1st Sess.] Province Laws (^Resolves, etc.). — 1751-52. 543

352. Mass

time before his Father, and for as mucli as it was evidently the xviii., im.
Intention of the said William, that the Children of the said Lem- Mass.
uel shonld have the Benefit of said Land after their Fathers decease xvm.7784, 788,
(tho' not expressed in the Will) praying that they may enjoy the said jour^°"'^® iJ
Land accordingly

Read and

Ordered that the Pef serve Mercy Hedge with a copy of this Pe'"
that She shew cause if any she hath on the first fryday of the next
Sitting of this Court why the Prayer thereof should not be granted.'
{^Passed June 6.

CHAPTER 11.

ORDER REFERRING THE PET^ OF TAUNTON N" PURCHASE. Legislative

Records of the
Council, xix.,

On THE Petition of Taunton jSTorth Purchase &c. [ante, p. 517, ^

chap. 273] Mass.

tT 10 Archives,

Kead & cxvi., 89.

Ordered that this Petition & the Answers be ref er'd to the second ^a*i"p! 2i!^^'
Tuesday of the next Sitting of the General Court for Consideration. ^,'**^' p- ^i"^'

[Passed June 7.

chap. 273.

CHAPTER 12.

ORDER APPOINTING A COMMITTEE FOR SURVEY« UNAPPROPRIATED
PROVINCE LANDS WEST OF CONNECT'^ RIVER.

In the House of Rep"<=* R^^'^!?"^f h

Or^ere^Z that Col° Otis and Judge Russell with such as the Hon^'*^ council, xix.,

Board shall Joyn be a Committee to agree with a Skilful Surveyor ArchiTCs^'

to Survey and take a Plan of all the Unappropriated Lands of the xivi., 253!

Province lying West of Connecticut River. House Jour-

Also to Consider the Value of the said land, and make report to ^««e; p. 522,

this Court thereon as soon as may be. ^^^v- 286.

In Council Read & Concur'd & John Chandler Esq' is joined in

the Affair. [Passed June 7.

CHAPTER 13.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE LIGHT
HOUSE, AND APPOINTING A COMMITTEE TO MAKE REPAIRS THEREON.

The Cojor''''^ appointed to Consider His Honours Message respect- p^^^^'^^^i'ti^
ing the Light House have attended the Service, and find that in Con- council, xix.,
sequence of Directions from his Honour the Lieu' Govern'' & the Archi^vesT'
Council in the Recess of the Court & by reason of the Necessity of ixiv., 438.'
the Thing, the Floors have been put in anew & steps carried up to Mass.
the Top of the building from whence is now shown a Light in a ix\v."437.'
Ship, Lanthorne & the Comm''^^ are humbly of Opinion that in RefordfJf the
Order to secure the Building as much as may be from Fire, it will Council, xix.,

' At the hearing, January 3, 1752, House Journal, p. 80, this petition was dismissed.

544 Province Laws {Resolves^ etc.) . — 1751-52. [Chap. 14.]

347 bis. House \)q })gg^ iq t-urn an Arch a Top, thro' which an Entrance may be
20. ' • • YQft into the Lanthorn, the Head Way & Door into the Same, to be
of thin Iron Plates the Frame of the Lanthorn to be Iron & the
Koof of Copper that the Walk round the Lanthorn be laid with
Connecticut Stone, to project about four Inches beyond the Sides
of the Building that the outside be planked & Hooped, shingled &
painted, that any of the Windows may be stop'd up or made nar-
rower as shall be tho't most for the Security of the Building, and
that a Com"'*' may be appointed to see the whole effected in the
cheapest & best Manner & as soon as may be All w'^^ is hum-

bly submitted Jacob Wendell ^ Order

In the House of Eep"''
Read and Accepted and

Ordered that M' Speaker and JVC Allen with such as the Hon'''^
Board shall Joyn be a Comm*"" to See all the works effected in the
cheapest and best manner as soon as may be
in Council
Read & Concur'd and Jacob Wendell Esq' is Joyn'd in the
Affaire. [Passed June 7.

CHAPTEK 14.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE SPEECH
OF THE LIEU^ GOVERNOR TO THE LEGISLATURE PROVIDING FOR
CONFERENCES WITH INDIANS.

Mass. ^ The Committee to whom was referr'd the Consideration of his

cviii.,439.' Houours Spccch SO far as it was directed to both houses have attended
Legislative the Service & report as their opinion

Councif x*ix?^ That agreeable to the Determinations of the last General Court
251,345,352,353. Commissiouers be now appointed to attend the proposed Interview
nai^pp. iMO, at Albany and that Instructions be prepared for said Comissioners
^^■369''cha ^ provision made for their Expences & for a suitable present to the
265;p. 510, ' Indians

chap. 259. That a Sum not exceeding ' be taken out of the truck

Trade to provide a present for the Eastern Indians at the proposed
Conference at St. Georges in August next and that a further sum
not exceeding ' be taken out of the same Trade to defray

the Expence or Charge of his Honour the L' Governor or such Com-
missioners as may be present at said Conference.^

Jacob Wendell by order
Read and Accepted. [Passed June 7.

1 Sic.

- The original report also included a paragraph providing for exchange of Bills of Credit,
as follows : —

" The Committee are further of Opinion that inasmuch as a considerable Sum in Province
bills over & above what has been tendered to the Committee on or before the .3'^ Instant may
still be outstanding, every person who shall bring any of said Bills to the Committee on or
before the 20"' day of this Instant June may may [sic] receive there for an Order on the
Treasurer of the same tenor last given except that such Orders shall bear Interest from the
date only & shall not be entitled to the premium of one V Cen' and if any persons shall
keep in their hands any Bills after the 20"' of this instant June all right to the Redemption
shall cease, and the Committee are of opinion that an Act should pass this Court for the
purposes last mentioned accordingly"

The House accepted the report with two amendments, the first, substituting "George
Town" for "St. Georges," and the second, proposing to dele the paragraph relating to
Bills of Credit as quoted above. The Council ignored the first amendment and agreed to
the second amendment with the addition of the phrase "& Accept the Report as given in
by the Committee."

This action was concurred in by the House.

[1st Sess.] Province Laws (Besolves, etc.). — 1751-52. 545

CHAPTER 15.

ORDER ON THE PET^ OF JN« CHANDLER, JUN^, IN REGARD TO COLLEC-
TION OF EXCISE.

A Petition of John Chandler [Juu'J Esq' Farmer of the Duties Legislative
of Excise in the County of Worcester, shewing that since the'Peti- councif.xix.^^
tioner agreed for the said Excise, the Town of Woodstock (where ^r'uf^'^^®'
a considerable Quantity of Spirituous Liquors is vended) is gone cxix., 490.
off from this Province & received into the Government of Connect- Mass.
icut, so that he can by no Means collect the Excise there praying c^^^^^^l'.
that an Abatement may be made him accordingly. House Joxir-

Read and Inasmuch as the Town of Woodstock have refus'd to ' '^^' '
pay their Excise tho they belong to the County of Worcester in
this Province, and ought to pay said Excise

Therefore

Ordered that the Treasurer be directed not to call upon the Pet'
for the Sum of twenty pounds Seventeen Shillings & eight [pence] '
until the Controversy respecting said Town be determined. [Passed
June 8.^

CHAPTER 16.

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF YORK 0°.

An Accompt presented by Jeremiah Moulton Esq' Treasurer of Rlfordsofthe
the County of York for the Year 1750, having been laid before the Council, xix.,
Court of General Sessions of the Peace for the said County & by Arciu^ves?'
them allowed - ccxiviii., b.

Read and Mass.

A.rciiivGs

Ordered that the within Acc^ be allowed, and that the BalP ccxiviii., 9.

thereof being Twenty five pounds Nine Shillings and five pence nai"pp^io"i9,

the said County is further Accountable to said Treasurer for. 20.
[Passed June 8.

CHAPTER 17.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE DETERMINING
THE BOUNDARIES OF THE NEW PRECINCT IN SPRINGFIELD.

The Comm™'' appointed by the Hon^'® General Court the sixth R|f^^|jg"^f the
of April last to prescribe proper Bounds & Limits &c to the Pre- council, xLx.,
cinct lately granted on the Northerly Side of the Township of Archi^vesTcxv.,

Springfield at a Place called Checapee (having first given notice ^?1^

to the Comm*^*^^ of the first & second Parishes in Springfield) have Mass.
repaired to the Lands & heard the Parties & have considered all sss. Hoilse ''
things touching the Same, are of Opinion that the Bounds of said l^^^niF^'^'
Parish be as follows, viz' To begin at the Mouth of Checopee River p.509,chap.
and to extend easterly as said River runs untill it meet with the
outward Commons in said Springfield, thence Northerly as the said
Comons run, to Hadley bounds. Thence, by Hadley Bounds West

* Inserted from Legislative Records of the Council, xix., 354.

'^ This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is June 7.

546

Province Laws (Hesolves, etc. ) . — 1751-52. [Chap. 18.]

to Connecticut River thence down said River to the Mouth of Chec-
opee River, & to begin at the West Side of Connecticut River at
the Mouth of Ryleys Brook, [from thence to run West to Westfield
Bounds; Thence Northerly by Westfield Bounds to Northampton
Bounds; Thence round by Northampton to Connecticutt River;
And then down said River to the Mouth of Ryley's Brook ;] ' &
further we are of Opinion that Benjamin Chapin, George Chapin,
Joshen Chapin & Benjamin Crowfoot (who dwell South of Chec-
opee River) they their Families & Estates be annexed to the said
new Precinct to do Duties & receive Priviledges there, particularly
that they be subjected to be taxed with the Inhabitants on the East
Side of Connecticut River, in said New Precinct, for & towards the
Settlement of the first Minister & building the first Meeting House
in said Precinct as desired in the Petition.

And further that the Lands lying in Cranys Meadow so called
lying on the West Side of Connecticut River, and at Scipmuch on
the North Side of Chicapee River belonging to the Inhabitants of
the first & second Parishes in Springfield now under actual Im-
provem* be exempt from paying Taxes in said New Precints so
long as the Owners or Occupants of said Lands shall dwell within
the Bounds of said new Precint, that they & said Lands hereby
proposed to be Exempted, shall Do Duties & receive Priviledges
as others in said new Precincts, and further we would represent
that there are several Inhabitants who live near to Chicopee River
on the South Side thereof viz Bom Van Horn, Azariah Van Horn,
Abraham Van Horn, Samuel Terry Thomas Terry & Moses Wright
who dwell within the Line originally petitioned for, but were not
Petitioners, We are of Opinion that it is reasonable, that they &
their Estates should be annexed to said new Precinct in Case they
should desire it, or it appears they generally attend the publick
Worship there,

All w*^^ is humbly siibmitted, in the Name & by Order of the
Comm*''^ Ol. Partridge.

Read &

Ordered, that this Report be & hereby is Accepted. \^Passed
June 11.

CHAPTER 18

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BARN-
STABLE COUNTY.

Legislative
Records of the
Council, xlx.,
356. Mass.
Archives,
ccxlvll., 17fi.

Mass.
Archives,
ccxlvii., 176.
House Jour-
nal, pp. 10, 19.

An Accompt presented by Jonathan Bacon Treasurer of the
County of Barnstable for the Year 1750, having been laid before
the Court of General Sessions of the Peace for said County & by
them allowed.

Read and

Ordered that the within Ace'' be allowed and that the Ball^ thereof
including the outstanding Assesment on the Town of Chatham being
Eighteen pounds Nine Shillings and three pence three farthings the
said Treasurer is further Accountable to Said County for. [Passed
June 11.

Inserted from the State Library copy, Legislative Records of the Council, xix., 370.

[1st Sess.] Province Laws {Resolves, etc.). — 1751-52. 547

CHAPTER 19.

CHOICE OF COMMISSIONERS TO PROCEED TO ALBANY FOR THE CON-
FERENCE WITH THE SIX NATIONS.

The Two Houses according to Agreement proceeded to the Legislative
Choice of the three Commissioners for the interview at Albany, coum-ii^, xix.f
& John Chandler, Joseph Dwight & Oliver Partridge Esq"" were ^^S' '^^^-
chosen by the major part of the Votes, to that Trust. naT^^'2i"22

But John Chandler Esq'' excusing himself from engaging in the Ante,i.m,'
said Service, Jacob Wendell Esq"" was chosen by the Major Vote in /«/].rt,^chap. 22-
his Room,

The Secretary laid before His Honour the Lieu* Governor a List
of the Commissioners chosen by both Houses the seventh Instant,
For the Treaty with the six Nations at Albany. to which he

signed his Consent. \^Passed June 11.

CHAPTER 20.

ORDER FOR ADJOURN" COURTS IN BARNSTABLE COUNTY.

Whereas divers of the Justices of the Court of General Sessions Legislative
of the Peace and Inferiour Court of Common pleas, which by Law councif.xix!!^
were to have been held at Barnstable In the County of Barnstable, ^^chwes^^'
on the last Tuesday of June Currant, are Members of this Court; xiin., 446.'
And the Important Affairs of the Province now depending require House Jour-
their Attendance thereon. ProVm^'

Wherefore Laws in., 64,

c n 1 1 1 3'2

Ordered That the Said Courts be Adjourned to the first Tuesday
of July next, And that all officers & other Persons concerned in Said
Courts conform themselves Accordingly. \^Passed June 12.

CHAPTER 21.

ORDER OF NOTICE ON THE PET" OF JOS. HOW & OTHERS IN REGARD
TO A TOWN MEETING AT TOWNSHIP N'' 2.

A Petition of Joseph How, Jesse Rice, Adonijah Church, Eleazer Legislative
Davis, Daniel Maynard, & Benoni Bailey, Non resident Proprietors coundf, xL**!®

of the Township called Number two,' lying between Westfield & ^^

Sheffield, shewing that there was a Proprietors Meeting of said Place Mass.
held the fourth of March last at which Meeting a Tax granted on cxvi., 3942.
the Land there, & several other Votes passed but for as much as the ^ai^p^ 29!"''"
Petitioners were never legally notified of said Meeting, & a Person
they had impowered to Act for them in said Meeting, was not ad-
mitted to vote with them, therefore praying that the said Meeting
& all their Proceedings may be declared null & void.

Read &

Ordered that the Petitioners serve the Proprietors of the above-
mentioned Township with a Copy of this Petition, (by seasonably

* This town was New Marlboro.

548

Province Laws {Resolves, etc.). — 1751-52. [Chaps. 22-24.]

leaving a Copy thereof with the Clerk of the said Proprietors,) that
they shew Cause if any they have on the second Thursday of the
next Sitting of this Court why the Prayer thereof should not be
granted, And all Proceedings in Consequence of said Meeting are
stayed in the mean time. \Passed June 12.

CHAPTER 22.

Legislative
Records of the
Council, xix.,
357. Mass.
Archives,
xxxii., 142.

Legislative
Records of the
Council, xix.,
35i. House
Journal, p. 30.
Ante, p. 547,
chap. 19.

VOTE APPOINTING A COMMITTEE FOR PREPARo INSTRUCT'* TO THE
C0MMISSB8 FOR ALBANY.

In Council

Voted that Andrew Oliver & Thomas Hutchinson Esq" with such
as the hon*^'^ House shall join, be a Committee to prepare Instruc-
tions for the Commission'* appointed to attend the Conference at
Albany, & that it be one Instruction to said Commission" that they
treat with any Indians of the Cagnawaga Tribe, they may meet with
in this Province or in the Government of New York, & that they
endeavour to engage & attach said Indians to his Majesty's Interest,
& to renew & confirm Friendship between them & his Majesty's Sub-
jects of this Province

In the House of Rep^<^'

Eead and Concurd and M"" Speaker Col° Porter and M"^ Allen are
Joyned in the Affair. \^Passed June 12.

CHAPTER 23.

Legislative
Records of the
Council, xix.,
317. Mass.
Archives, cxv.,
867.

Mass.

Archives, cxv.,
S66. Legisla-
tive Records of
the Council,
xix., 358.
House Jour-
nal, p. 201
(April, 1751);
p. 30. Ante,
p. 411, chap. 8.

ORDER REFERRING THE PET^^ OF KITTERY THIRD PARISH IN REGARD
TO MINISTERIAL LANDS.

A Petition of the third Parish in the Town of Kittery complain-
ing of the proceedings of the first Parish in said Town in divesting
of them of their Right in the Ministerial Lands, by seizing upon
the whole & fencing it in, by which they are put to great Difficulties,
praying for Redress from this Court.

Read &

Ordered that the Consideration of this Petition be refer'd to the
first Tuesday of the next Sitting of the Court.' {^Passed June 12,

Legislative
Records of the
Council, xix.,
358. Mass.
Archives,
xlvi., 249.

Mass.
Archives,
xlvi., -^48.
House Jour-
nal, p. 30.
Ante, p. 616,
chap. 271.

CHAPTER 24.

ORDER SUBSTITUTING COL. WARD AND M« TYNG FOR COL. GERRISH
AND COL. CLAP ON THE COM™e tO SELL LAND BETWEEN ROAD
TOWN AND MILLERS' RIVER.

Ordered that Col° Ward and M'" Tyng be of the Comm"' within
mentioned \ante^ p. 516, chap. 271] in the room of Col° Gerrish
and Col" Clap. \Pas8ed Ju7ie 12.

* At the hearing October 9, 1751, House Journal, p. 64, this petition was dismissed.

[1st Sess.] Province Laws {Resolves, etc.). — 1751-52. 549

CHAPTEE 25.

ORDER ALLOWING THE ACC" OF THE TREAS* OF MIDDLESEX COUNTY.

An Accompt of Daniel Kussell Esq' Treasurer of the County of R|ford"of the
Middlesex for the Year 1750, having been by him laid before the Council, xix.,

Court of General Sessions of the Peace for the said County & by ^^

them allowed naTpp.w^^s.

Read &

Ordered that this Accompt be allowed & that the Ballance thereof
being Twenty four Pounds seventeen shillings & Six pence three
farthings the said Treasurer is further Accountable to said County
for. [Passed June 18.

CHAPTER 26.

ORDER IMPOWERING ELIJAH FEARING &c'S ADMINISTRATORS, TO COL-
LECT DEBTS DUE NATHANIEL FEARING, LOAN TRUSTEE.

A Petition of Elijah Fearing & Enoch Lyndon, Administrators Legislative
of the Estate of Nathaniel Fearing late of Hingham Dec'^ shewing c^unclf, x*!!',*'
that the said Nathaniel was one of the Trustees of that part of the 359. Mass.

A.I*CQ1VG8 Cll

£60,000 Loan that belonged to the said Town of Hingham that He eis.
survived the other Trustees that there was left in his Possession, at Mass.
his Death, divers Bonds of the Debtors, altho' he had paid the whole ^Y^'^House""
Money into the Treasury, praying that the Petitioners may be enabled Journal, pp. i4,
to collect the said Money

Read and

Ordered that the Prayer of this Pet° be granted and that the
within named Adm''' be and they hereby are fully Impowered to
Collect the several Sums of Money that are due to the within
named Nathaniel Fearing dec'd in his Capacity as Trustee for the
Town of Hingham's proportion of the £60, (XX) Loan, and if need
be to Sue for and recover the same in the Law as fully and amply
as said Intestate might have done had he been living. [Passed
June IS.

CHAPTER 27.

ORDER ON THE PET'' OF BENJ-^ EDWARDS, SUSPENDING THE COLLEC-
TION OF TAXES IN BOSTON.

A Petition of Benjamin Edwards one of the Collectors of pub- i^g*^*?"^^,^
lick Taxes for the Town of Boston, shewing that by Reason of long council, xix..
Sickness he has been hindred from Collecting & paying in the said Archi^es^,^cii.,

Taxes praying that he may be allowed to impower some Person to ^^

act under him, or be indulged with further Time. Mass.

t:) 1 1 • * 1 j^ Archives, cii.,

Read and m Answer hereto 622. House

Ordered ihoX the Treasurer be directed to Suspend the Execu- Journal, pp. 15,

tion within mentioned for the Space of one Month from this time.

[^Passed June 13.

550

Province Laws {Resolves, etc. ) . — 1751-52. [Chaps. 28-30.]

CHAPTER 28.

Legislative
Records of the
Council, xix.,
360. Mass.
Archives,
xliii., 308.

Mass.
Archives,
xliii., 30G.
House Jour-
nal, p. 33.
Ante, p. 514,
chap. 266.

ORDER REFERRING THE PETITION OF JOHN SHEPLE, ADMINISTRATOR
FOR A REVIEW OF A JUDGMENT.

On THE Petition of John Sheple, [ante, p. 514, chap. 266]

Eead with the Answer of William Lakin, &

Ordered that the further Consideration of this Petition be refer'd
to the second Wednesday of the next Sitting of this Court, & that
in the mean time It be recommended to the Parties to agree the
Matter in Difference between them selves. [Passed June 13.

CHAPTER 29.

ORDER GRANTING 250 ACRES OF EQUIVALENT LAND TO THO^ FAIR-
BANKS.

Legislative
Records of the
Council, xix.,
362. Mass.
Archives,
xlvi., 255.

Mass.
Archives,
xlvi., 254.
House Jour-
nal, pp. 31,35.
Province
Laws, xii., 500,
chap. 58. Ante,
p. 459, chap.
125.

A Petition of Joseph Wilder Jun'' Esq"" in behalf of Thomas
Fairbanks shewing that the Land he had surveyed by Order of this
Court to fulfill a Grant of Two hundred & fifty Acres of Land made
to his Father Jabez Fairbanks happens to have been included in the
Grant of New Salem, and therefore praying for Liberty to take up
the said Grant in some of the unapproiDriated Lands of the Prov--
ince in two Parcells or otherwise to be releived.

Read and

Ordered that the within named Thomas Fairbanks have liberty to
lay out the Grant within mentioned of two hundred and fifty Acres
of Land herein mentioned in two pieces (if He sees cause)

Provided He lay out the same in the unappropriated lands of the
Province East of Connecticut River, and return a Plan thereof taken
by a Skilful Surveyor and Chain Men under Oath to this Court within
Six Months for Confirmation. [Passed June 15.

CHAPTER 30.

ORDER ERECTING THE NORTHERLY PART OF SUNDERLAND INTO A
SEPARATE PRECINCT, WITH VOTES ANNEXING A TRACT THERETO,
AND DIRECTING THE SALE OF UNAPPROPRIATED LANDS INCLUDED
THEREIN.

Legislative
Records of the
Council, xix.,
362. Mass.
Archives, cxv.,
721. House
Journal, p. 31.

Mass.

Archives, cxv.,
719. House
Journal, pp. 31,
.32, 37. Ante,
p. 519, chap.
279.

A Petition of the Inhabitants of Sunderland, in the County
of Hampshire, praying that the Limits of their Township may be
enlarged, and that they may be constituted two distinct Parishes,
for the Reasons mentioned.

On the Report of a Comm*"" on Sunderland Affairs
In the House of Rep'""^

Read and

Ordered that the Northerly part of the Inhabitants of Sunderland
be Erected into a distinct and seperate Precinct with such Bounds
as Voted by said Town. \\z^

To begin at Connecticut River Twenty Rodds north of the Mouth
of Slate Stone Brook From thence East to the East Side of the Town
Bounds, thence on the Line of the said Town to the north East Corner

[1st Sess.] Province Laws {Resolves, etc.). — 1751-52. 551

of the Town Boimds. Thence West on the Line of said Town to Con-
necticut River From thence down said River to the first mentioned
Bounds. And that they be Vested with such Powers and Priviledges
as Precincts and Parishes w^'^in this Government by Law are Vested
with.

Voted also that the lands lying between the North Line of Sunder-
land and Millar's River be annexed to said Parish, to do duty and
recieve Priviledge there.

Also

Voted that, tliat part thereof which is now unappropriated, be
Sold at a publick Vandue to the Highest Purchaser.

who shall be Obliged to Settle on said Tract ten Families and build
ten Houses Eighteen feet square a Seven feet Stud, and bring to fitt
for Tillage five Acres of Land for each family within three Years
from the time of said Sale And that M'' Allen CoP Heath and M'
Gray with such as the Honb^'^ Board shall Joyn be a Comm*^® some-
time during the Sitting of the Gen^ Court to make sale of said
laud, as is above directed And that they give Seasonable Notice
of this Order in the publick Prints accordingly

In Council Read and Concur'd, And Samuel Watts and John
Chandler Esq''^ are joined in the Affair. [^Passed June 17.

CHAPTER 31.

ORDER FOR THE PAYMENT OF PERSONS TO CARE FOR FORTS PELHAM

& SHIRLEY.

Ordered that Pay and Subsistance be allowed to One Person Viz* R^for^^jg^of t^e
The Pay of a common Soldier for one Year from this time in order council, xix.,
for the Encouragment of a Familie's dwelling at Fort Shirley, during Archivesf '
that term of time, for the securing the said Fort from being Demol- cviii., 44-j.
ished which is now Dismantled and without an Inhabitant. (The r*'^^^?!'*^^? .y,
Prop"" of the Land on which said Fort is built having Consented councif, xix.,

thprpfn^ ^^^- House

tnereto; journal, pp. 32,

And that the like pay and subsistance be allowed to one other 37,38.
Person to Encourage a Familie's Dwelling for said Term at Fort
Pelham which is now also dismantled. And that the Commander in
Chief be desired to give Order accordingly. \^Passed June 18.^

CHAPTER 32.

ORDER APPOINTING A COM^ee fOR FARM** THE EXCISE IN SUFFOLK Legislative

roTiMTV Records of the

^"^^^^- Council, xix.,

365.

In the House of Represent''^^ House Jour-

Ordered that M^ Allen & Coll° Heath with such as the Hon^'^ iiai,p.4o.
Board shall join be a Comm'^® to farm out the Excise for the County
of Suffolk. In Council Read & Concur'd & Samuel Watts Esq"

is Joined in the Affair. \^Passed June 19.

* This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is June 19.

552

Province Laws (^Resolves, etc.). — 1751-52. [Chaps. 33-36.]

CHAPTEK 33.

ORDER APPOINTING A COMtee POR FARMO THE EXCISE IN ESSEX

COUNTY.

Rifordsonhe ^^ *^® House of Represent^^^

Council, xix., Ordered that Capt Leech & M'' Cogswell with such as the Hon^'^

^— Board shall join be a Comm""^ to farm out the Excise for the County

?ai"p^4o!"^ of Essex In Council Read & Concur'd, And Benjamin Lynde

Esq"" is joined in the Affair. \^Passed June 19.

CHAPTER 34.

ORDER APPOINTING A COMT^e FOR FARM« THE EXCISE IN MIDDLESEX

COUNTY.

Legislative
Records of the
Council, xix.,
365. Mass.
Archives,
cxix., 510.

House Jour-
nal, p. 40.

In the House of Rep"""^

Ordered that Judge Russell and Col° Royall with such as the
Hon'^''' Board shall Join be a Committee to Farm out the Excise
for the County of Middlesex.

In Council Read & Concur'd & Ezekiel Cheever Esq' is joined in
the Affair. \^Passed June 19.

CHAPTER 35.

ORDER APPOINTING A COMtee poR FARM« THE EXCISE IN HAMPSHIRE

COUNTY.

Krds'of the In tl^e House of Represent^-^

Council, xix., Ordered that Col° Porter & Col" Partridge with such as the Hon'''''
Board shall join be a Comm''"'' to farm out the Excise in the County
of Hampshire In Council Read & Concur'd & Israel Williams

Esq'' is joined in the Affair. \^Passed June 19.

House Jour
nal, p. 40.

CHAPTER 36.

ORDER APPOINTING A COM'^^e poR FARM« THE EXCISE IN WORCESTER

COUNTY.

LegiBlative
Records of the
Council, xix.,
365.

House Jour-
nal, p. 40.

In the House of Represent''''
Ordered that Col° Ward & Capt Wilder with such as the Hon'''"
Board shall join be a Comm"''' to farm out the Excise in the County
of Worcester In Council Read & Concur'd & John Chandler

Esq' is joined in the Affair. \^Passed June 19.

[1st Sess.] Province Laws {Resolves, etc.). — 1751-52. 553

CHAPTEE 37.

ORDER APPOINTING A COM^ee fOR FARM« THE EXCISE IN PLIMOUTH

COUNTY.

In the House of Eepreseut^'^^ fe!^^^!?"''^^^

-«;i-n iT'T i-n,rm •! T iTTii Records oi the

Ordered that M'' btockbridge & M' Turner with such as the Hon"'^ council, xix.,

Board shall join be a Comm*'* to farm out the Excise in the County ^~ •

of Plimouth. In Council Read & Concur'd & John Cushing S^p": fo!'"'"'

Esq'' is Joined in y^ Affair. \^Passed June 19.

CHAPTEE 38.

ORDER APPOINTING A COMtee FOR FARM« THE EXCISE IN BARNSTABLE

COUNTY.

In the House of Represent"'^' R^^'rd^*^! th

Ordered that Col" Otis & M"" Freeman with such as the Hon'''^ councu, xix.,

Board shall join be a Comm'*"" to farm out the Excise in the County ^^

of Barnstable. In Council Read & Concur'd & John Otis Esq^ na^P^ fo*."'''

is joined in the Affair. [^Passed June 19.

CHAPTEE 39.

ORDER APPOINTING A COMtee fOR FARM^ THE EXCISE IN BRISTOL

COUNTY.

In the House of Represent^"' Reford"of the

Ordered that CoP Leonard & M' Ware with such as the Hon**'* council, xix.,

365.

Board shall join be a Comm"^'' to farm out the Excise in the County

of Bristol. In Council Read & Concurd & George Leonard na^,^ fo!^'^

Esq'' is joined in the Affair. [^Passed June 19.

CHAPTEE 40.

ORDER APPOINTING A COM^ee FOR FARM« THE EXCISE IN YORK

COUNTY.

In the House of represent"'"' Rlfords'ofthe

Ordered that Capt Bragdon & M"" Wells with such as the Hon*^'*^ council, xix.,

Board shall join be a Comm""*' to farm out the Excise for the County ^

of York. In Council Read & Concur'd & Jeramiah Moulton ^^^'i"^® fo'!''''"

Esq"" is joined in the Affair. [^Passed June 19.

554:

Province Laws {Resolves, etc.). — 1751-52. [Chaps. 41-44.]

CHAPTEK 41.

ORDER APPOINTING A COMt^e fqR FARM« THE EXCISE IN DUKES

COUNTY.

liegislative
Records of the
Council, xix.,
366. Mass.
Archives,
cxlx., 510-1.

House Jour-
nal, p. 40.

In the House of Eep''^'

Ordered that Cap' Norton and CoP Mayhew with such as the
Hon'''" Board shall Join be a Committee to Farm out the Excise
for the County of Dukes County.

In Council Read & Concur'd & Pain Mayhew Esq' is joined in
the Affair. ^Passed June 19.

CHAPTEK 42.

ORDER APPOINTING A COMtee fqR FARM^

COUNTY.

THE EXCISE IN NANTUCKET

Refords'of the ^^ ^^^^ Housc of Represent^^^

Councu, xix.. Ordered that M'' Folger & M'' Sylvanus Hussey with such as the

— '- Hon''''' Board shall join be a Comm'"* to farm out the Excise for the

n^i^p!^."^' County of Nantucket In Council Read & Concurd & John

Coffin Esq' is joined in the Affair. [^Passed June 19.

CHAPTER 43

ORDER

REFERRING THE PETITION OF EDW^* WASHBURN PRAYING
FOR AN APPEAL FROM A JUDGMENT.

Legislative
Records of the
Council, xix.,
354. Mass.
Archives,
xliii., 435.

Mass.
Archives,
xliii., 434, 436.
Legislative
Records of the
Council, xix.,
367. House
Journal, pp. '22,
23, 44.

A Petition of Edward Washburn of Middleboro' shewing that
His Wife Elisabeth Washburn was, while the Petitioner was out of
the Province convented before Daniel Johnson Esq"" one of His Maj-
estys Justices of the Peace for the County of Plymouth, by one Peter
Caswall for wittingly & willingly making & publishing a scandalous
Report against him, & upon Trial Sentenced to pay a Fine, that the
said Elisabeth (knowing her Innocence,) would have appealed from
said Sentence had she known her Priviledge but thro' Ignorance lost
the Benefit «& therefore praying that she may be now admitted to
make her Appeal.

Ordered that ' the Consideration of this Pet" be refer'd ' to tlie
first Fryday of the next Sitting of this Court. [^Passed June 20.

CHAPTER 44.

VOTE FOR CALLING A TOWN MEETING AT DIGHTON.

Legislative
Records of the
Council, xix.,
367. Mass.
Archives,
cxvi., 108.

Voted that the Select-men of the Town of Dighton for the year
1750 be and they hereby are Directed and impowered to issue their
Warrant to one of the Constables of Said Town for the year 1750.
to Call a Town-meeting as Soon as may be to make Choice of the

'^ Manuscript mutilated.

[1st Sess.] Province Laws {Resolves, etc.). — 1751-52. 5^B

Several Town officers for the year Currant, who Should have been Mass.
Chose in the Month of March Last and the Said Town officers when ^'^Lrio?'.
Chosen Shall be as much Obliged, (to all intents & purposes) to Serve ^ai^^^fT"'
in Said offices to which they Shall be respectively Chosen as though ° ' '''
they had been Chosen in the month of March Last and that the
Town meeting held there in May Last for the Choice of a Eepre-
sentative, be Deemed & held good & Valid to all intents & purposes,
notwithstanding it was Called by the Select-men for the year 1750.
\_Passed June 20.

CHAPTEK 45.

ORDER ALLOWING £225 FOR PRESENTS TO INDIANS, AND A FURTHER
SUM OF £90 FOR EXPENSES OF COMMISSIONERS TO ALBANY.

Ordered that the Commissioners appointed to repair to Albany be Legislative
allowed out of the publick Treasury either in Silver or Gold Two counclf xL-!^^
hundred and twenty five pounds to be improv'd either in whole ^*''^-. .^•'^'^^•..'
or in part, at their Discretion, as a Present to the Six Nations of 647. ' "'

Indians &C Also Legislative

Voted that the Sum of Ninety pounds be allowed to said Commis- councff xL**^^
sioners out of the publick Treasury in order to defrey their Expences 352. House
to at t& from Albany. Tliey to be accountable for the abovementioned Ante^y!bii, '
Sums. [Passed June 20. chap'. 19.

CHAPTER 46.

VOTES ALLOWING £400 TO THE COMMISSARY GENERAL FOR EXPENSES
ATTENDANT ON TREATY WITH EASTERN INDIANS, AND ALSO ALLOW-
ING £280 FOR PRESENTS TO SAID INDIANS.

Voted that the Sum of four hundred pounds be allowed out of ^®s*^'^'^^'p,.,

KGcords or luC

the Indian Truck Trade to the Commissary General to Purchase Council, xix.,
Provisions and make suitable Accomodations for His Hon'' the An-hiy^es^'
Lieu* Gov"" and the Gentlemen Who shall attend him at the In- xxxii., 150.

terview with the Eastern Tribes of Indians at the Eastward in House Jour-
August next. ^nte,'v.'ki.

Also '^'^^P- !*•

Voted that the Sum of Two Hundred and Eighty pounds be
allowed out of the said Trade to the Commissary General to Pro-
cure suitable Presents to be delivered either in whole or in part to
the Indians at the said Interview by His Hon' the Lieu* Gov'' in
the name of this Court. [Passed June 21.

CHAPTER 47.

ORDER IN REGARD TO THE MASSACHUSETTS FRIGATE. Legislative

Records of the

Ordered that the Committee appointed the 20"' of February last m ^Mass^''
to take under Consideration the State of the Massachusetts Frigate AF^"J||'

be directed to dispose of her, or otherwise Improve her, as they shall - — '^-^

Judge for the best advantage of tlie Province with the Approbation nai"p- 139
of this Court (if sitting) or in the Eecess of the Court of the Lieu* 'y^^^y^-^^l^.
Gov"" and Council. [Passed June 21. ^;?<e,'p. 498,

'- chap. '227.

556

Province Laws {Besolves, etc.). — 1751-52. [Chaps. 48-50.]

CHAPTER 48.

ORDER IN REGARD TO THE EXCISE ON TEA, COFFEE, &C'*^ AND FIXING
THE AMOUNT TO BE GIVEN AS BONDS BY LICENCEES.

Legislative
Records of the
Council, xix.,
370.

Mass.
Archives,
Ixiv., 456.
House Jour-
nal, pp. 49, 50.
Province
Laws, iii., 496,
chap. 21.

Whereas for the securing the Payment of the Duties laid on
Tea, Coffee, Arrack & Snuff & China Ware, It is by the Act grant-
ing the Same Provided That every Person licenced to sell these
Articles shall give Bond with sufficient Surities, to pay the Duties
laid thereon, but as the said Act doth not sufficiently ascertain the
Sum, wherein Persons so licenced shall become bound for the Paym*
of the Duties aforesaid has in a great Measure been eluded, by Bonds
insufficient for the Purpose aforesaid being taken,

Ordered that every Person licenced as aforesaid shall give Bond
for the Purposes mentioned in said Act in a Sum not less than One
hundred Pounds, & for such further Sum as the Court of General
Sessions of the Peace granting such Licence shall judge necessary
to Compel the Party to perform the Condition of the Bond & to
secure the Payment of the Duties aforesaid. \^Passed June 22.

CHAPTER 49

Legislative
Records of the
Council, xix.,
358, 370. Mass.
Archives,
xviii., 796.

Mass.
Archives,
xviii:, 794-802.
Legislative
Records of the
Council, xix.,
369. House
Journal, pp.27,
47, 50.

ORDER ON THE PETITION OF SARAH DRAPER, ADMINISTRATRIX, IN
REGARD TO AN APPEAL FROM A DECREE OF JUDGE OF PROBATE.

A Petition of Sarah Draper, Administ^ of the Estate of her late
Husband Jonathan Draper of Roxbury Dec*^ Intestate, shewing that
he was prevailed upon by the Promisses of her Children to make such
Additions to her Administration Account, as she was not strictly
obliged to, that Thomas Draper one of her Sons absolutely refuses
to Join with the rest of her Children in fulfilling their Promise to
her, therefore praying that the Sentence of the Judge of Probate
for the County of Suffolk, may be revoked & that she may have
Liberty to render an Administration Accompt anew

The Committee having heard the Parties & reported that in their
Opinion, this Petition is reasonable

Order'd that the Prayer thereof be granted, and that the said
Judge of Probate be impowered & directed to reconsider the Addi-
tional Acco* mentioned in the Petition, and after a full Hearing of
the Parties concern'd to pass such order thereon as to him shall
appear most just & agreable to Law: And if either Party shall be
agrived thereat they may appeal to the Governour & Council in
time t& manner as the Law directs. {^Passed June 22.

CHAPTER 50.

ORDER DIRECTING GUN CARRIAGES TO BE SENT TO FORT GEORGE,
ALSO THAT REPAIRS BE MADE THERE.

Record8*^Jf the ^ MEMORIAL of Capt John Oulton Commander of Fort George
Council, xix., at Bruuswick setting forth the decayed State of the said Fort, The

[1st Sess.] Province Laws {Resolves, etc.). — 1751-52. 557

Insufficiency of the Gun Carriages &c. & prayinsr that Necessary 370. Mass.
repairs may be made there that so the said Fort may be made ixxiii., 701.
defensible against the Attack of an Enemy miss.

Read and bc^xiii^ too

Ordered that the Commissary General be directed to provide four House Jou'r-

Carraiges for the Cannon at said Fort nai, pp.39, 49.

Ordered also that Cap Oulton be directed to Cause the other

Repairs to be effected there, not to Exceed the Sum of thirteen

pounds Six Shillings and Eight pence. \^Passed June 22.

CHAPTER 51.

ORDER IN REGARD TO ASSESS^ THE PROV^'= TAX.

Whereas it has been the Practice of the Assessors of many of i;^°'^^l*^^f ,^

im-iT-«- IT T iT-> Records of the

the Towns m the Province to neglect or delay settling the rropor- council, xix.,
tion of the respective Inhabitants to the Province Tax until late Arciiiv^esTcii.,

in the Fall of the Year, by which Means it becomes impracticable ^_^

for the several Constables & Collectors to demand & receive the ^^^j^^j^/^^i^fg
Taxes, & pay the same into the Treasury in such time as is re- ' ' '' ' '
quired by Law. And such Neglect or Delay may now prove of
evil Consequence, & the jDublick Credit may be greatly affected
thereby. Therefore

Ordered that the Assessors of the several Towns & Districts in
the Province, be & hereby are required, as soon as may be, to make
out the Rates or Assessments for said Towns & Districts respec-
tively, & to make Return to the Province Treasurer, of the Sum
committed to the several Constables or Collectors, on Pain of being
proceeded against according to Law. \^Passed Jicne 22.

CHAPTER 52.

ORDER ALLOWING £45 TO COL" RICH" GRIDLEY.

A Petition of Col° Richard Gridley shewing that by Order of R|f^^^^\"Jf^the
Governour Shirley he projected the Fortifications at Governours Council, xix.,
Island & spent much Time in overseeing the building of those Archives^,^'
Works & other Works at Castle William, for which he has yet had ixxiv., le.
no Consideration, praying for an Allowance from this Court Mass.

T, ^ 1 ' 1 J to Arcliives,

Read and ixxiv., u.

Ordered that the Sum of forty five pounds be allowed the Peti- ^^°"pp52°^48.
tioner out of the publick Treasury in consideration of his Services
within mentioned. [^Passed June 22.

CHAPTER 53. Refords^of Uie

Council, xix.,
371. Mass.
VOTE REFERRING ALL UNFINISHED MATTERS. Archives,

xlix., 3-.i0.

Voted that all Matters which have day and are now lying before House Jour-
the Court and not pass'd upon, have the same Day at the next Sit- ' ' ^''
ting of this Court. \^Passed June 22.

55S

Province Laws {Resolves, etc.). — 1751-52. [Chap. 54.]

Legislative
Records of the
Council, xix.,
371. Mass.
Archives,
xUii., 433.

Mass.
Archives,
xliii., 431.
House Jour-
nal, p. 46.

CHAPTER 54.

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF
ROBERT HALE, SHERIFF OF ESSEX COUNTY, PRAYING FOR LEAVE TO
DEFEND AN ACTION.

A Petition of Robert Hale Esq'' Sherrilf of the County of Essex
shewing that he has recovered Judgment against Zeckariah Fowler
of Ipswich for an Escape he made out of Salem Goal, & has served
his Execution upon part of the Real Estate of the said Zechariah
the greatest Part having been before taken in Execution by John
Fowler Brother to the said Zeckariah, and for as much as the Peti-
tioner Cannot secure enough of the said Estate to satisfy his Debt
if the said John should recover all that he demands & the Petitioner
has great Reason to suspect the two Notes given by the said Zecka-
riah to the said John Fowler were purely to defeat his Creditors, and
the said Zechariah is not likely to appear in Court, therefore praying
that the Petitioner may be admitted as Defendant in the said Cause

Read and

Ordered that the Pef serve the adverse Partie John Fowler 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 all Proceedings respecting the Action
with in mentioned are Stayed in the mean time. {^Passed June 22.

[2d Sess.] Province Laws (^Resolves, etc.). — 1751-52. 559

RESOLVES. ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON THE Second Day of October, A.D. 1751-

CHAPTER 5^.

ORDER GRANTING TO JACOB ROBINSON LICENCE TO KEEP AN INN.

A Petition of Mathew Peabody & Thomas Gould two of the Legislative
Select Men of the Town of Topsfield, shewing that the said Town ^^^cu" xil^f
is destitute of an Inholder, & recommending Jacob Eobinson as the 375. Mass.
most suitable Person to keep an Inn there & praying that this Court 219. ' '
Avould impower the Court of General Sessions of the Peace for the Mass.
County of Essex at their next Term to grant him a Licence accord- ^g'^'^House^*''

ingly Journal, p. 53.

Read and

Ordered that the Justices of Gen' Sessions of the Peace for the
County of Essex be allowed at their next Session to grant the within
named Jacob Robinson a Licence to keep a House of publick Enter-
tainment (if they See cause) The said Jacob first obtaining the ap-
probation from the Select Men of the Town of Topsfield for that
Service. The time for granting Licences being elapsed notwith-

standing. \_Passed October 3.

CHAPTER 50,.

ORDER GRANTING TO DAN'- CLARK LICENCE TO KEEP AN INN.

A Petition of Daniel Clark of Topsfield, shewing that he has Legislative
kept a Tavern divers Years there, that at the last Term in the counc'if, S^
County of Essex for taking out Licences he appeared for that ^ll-^^^^ll%^^
Purpose but was surprized to find that there were Objections made 2-21.
against his Conduct by some of his Own Town, Avho had alledged Mass.
that the Select Men had denied their Approbation on Account of ^2o-22r^Hm/8e
His Misbehaviour, which Charge is without any Ground as will ap- Journal, p. 53.
pear by the Declaration of three of the Select Men of said Town,
& therefore praying that the Court of General Sessions of the Peace
for the County of Essex may be impowered to renew his Licence at
their next Term.

Read and

Ordered that the Justices of Gen' Sessions of the Peace for the
County of Essex be allowed at their next Session to grant the Pef
a Licence to keep a House of publick Entertainment (if they See

560

Province Laws (Hesolves^ etc. ). — 175 1-52 , [Chaps. 5 7-59 .]

cause) The Pef first obtaining an Approbation from the Select Men
of the Town of Topsfield for that Service. The time for grant-
ing Licences being elapsed notwithstanding. [Passed October 3.

CHAPTER 57.

ORDER ALLOWING £28 TO EDM" CHANDLER.

Legislative
Records of the
Council, xix.,
376. Mass.
Archives,
Ixxiv., "ti.

Mass.
Archives,
Ixxiv., 41.
House Jour-
nal, p. 53.

A Petition of Edmund Chandler of North Yarmouth, shewing
that Josejjh Chandler his Son (an Infant) was taken Captive by the
Indians, & by them sold to M'' Cornelius Cyler of Albany for £25
York Money & he was put to the Charge of Three Pounds more on
his Account, that M'' Cyler refuses to deliver up his Son, till he be
repaid those Sums, therefore praying that this Court would order
payment thereof out of the Treasury.

Eead and

Ordered that the Prayer of the Pet'' be granted. And that the
Pef be allowed the value of the Sum of twenty eight pounds York
Currency out of the publick Treasury for the purposes within men-
tioned. [Passed October 4.

CHAPTER 58.

ORDER ALLOWING £2 TO OLIVER BLODGET.

Legislative
Records of the
Council, xix.,
376. Mass.
Archives,
Ixxiv., 40.

Mass.
Archives,
Ixxiv., 40.
House Jour-
nal, p. 54 his.

A Petition of Oliver Blodget of Chelmsford, praying that there
may be allowed to him & his Brother Nehemiah Blodget out of the
publick Treasury the Sum of Two Pounds thirteen shillings & 4**
for a Gun belonging to their Brother Zacchus Blodget which was
lost when he was killed by the Indians, in the publick Service

Read and

Ordered that the Sum of two pounds be allowed out of the pub-
lick Treasury to the Pef in consideration for the Loss of the Gun
within mentioned. [Passed October 4.

CHAPTER 59.

ORDER IMPOWERING REV M" JON^ EDWARDS TO PURCHASE LANDS
OF STOCKBRIDGE INDIANS.

Legislative
Records of the
Council, xix.,
378. Mass.
Archives, xiii.,
2.i3.

Mass.

Archives, xiii.,
2.52. House
Journal, pp.54,
56. Ante,
p. 488, chap.
203.

A Petition of M' Jonathan Edwards, shewing that he has lately
settled as Minister among the Indians at Stockbridge, that he finds
no Land there to be purchased for building his House, nor any "Wood
Lot for furnishing himself Avith Fire Wood, fencing Stuff &c but
what is in the Hands of the Indians, therefore praying for Liberty
to make such Purchase of them with the Consent of the Guardians,
appointed over them.

Eead and

Ordered that the Prayer of this Pet" be so far granted as that the
Pef (with the approbation of the Comm'''' app*^'^ by this Court in

[2d Sess.] Province Laws {Resolves, etc.). — 1751-52. 561

February past to provide lands for the Indians of the Six Nations)
have liberty to Purchase of the Stockbridge Indians fifty or Sixty
Acres of Land lying in Stockbridge, and not far from the Middle
of the Town, so as shall best accomodate him.

Ordered also that the Sec''^' be directed to write a Letter in tlie
name of this Government to the Inhabitants of Stockbridge strongly
recommending it to the Prop""* of Lands (both Indians and English)
in said Township to appropriate such a quantity of Suitable Land
therein as shall be sufficient to Supply the Rev*^ Jon'^ Edwards with
firewood &c during his Abode with them in the work of the Minis-
try, And for his Successors therein for ever. \^Passed October 5.

CHAPTER 60.

ORDER DIRECTING THE TREASURER TO PAY DEBTS WITH MONEY
REC" FROM THE LOTTERY &c^.

Inasmuch as a Supply of the Treasury by a Tax at this busy Legislative
Season of the Year would not only be very inconvenient but would councif, xLx^*^
by no means answer the present Demands upon the Treasury made 379. Mass. '
by Such Creditors of the Government, as were to have been Satisfyed 657. ' ''
out of the monies proposed to be raised by the Sale of the late Lot- House Jour-
tery Tickets _ ^^^

Ordered that the Province Treasurer be directed to pay off, and Laws, jii., 539,
discharge the Government's Debts aforesaid with the money paid p. 492, ciiap." ^'
into the Treasury by the Managers of the Lottery aforesaid, and '^^'^•
by the Amount of the Bills of Credit paid into the Treasury by
the said Managers out of One of the Chests of Silver Yet remain-
ing in the Treasury. And that the Province Treasurer be directed
and ordered forthwith to borrow such further Sums as shall be
necessary to discharge the Debts of the Government proposed to
be Discharged by the Lottery and give his promissory Notes for
the Sums so borrowed payable with Lawful Interest in Six Months
to the Lender or Bearer.

And that a Bill be brought in accordingly. \^Passed October 5.

CHAPTER 61.

ORDER GRANTING TO JOS. FRY LICENCE TO RETAIL SPIRITUOUS

LIQUORS.

A Petition of Joseph ' Fry of Salem, shewing that at the Time Legislative
for taking out Licences for retailing strong Drink for the County councff, xix!!^
of Essex, he had no occasion for such Licence, but being now about Siso. Mass.
to engage in the Fishing Bussiness, he will be obliged to retail, cxix.,513'.

Therefore praying that the Court of General Sessions of the Peace Mass.
for said County may be impowered to grant him a Licence to retail ^j^x^^sll'.
strong Drink at their next Term, House Jour-

T, '^ 1 1 nal, p. 60.

Jiead and

Ordered that the Justices of Gen' Sessions of the Peace for the
County of Essex be impowered to grant the Pef a Licence (if they
see cause) to retail Spirituous Liquors (He first obtaining an Appro-

> The House Journal, p. 60, reads, "Peter Fry."

562

Province Laws {Resolves^ etc.). — 1751-52. [Chaps. 62-64.]

liegislative
Records of the
Council, xlx.,
381. Mass.
Archives,
xliii., 477.

Mass.
Archives,
xliii., 475.
House Jour-
nal, p. 60.

bation therefor from the select Men of the Town of Salem) the time
for granting Licences being elapsed notwithstanding. \^Passed Octo-
ber 7.

Legislative
Records of the
Council, xix.,
381. Mass.
Archives, cii.,
434.

House Jour-
nal, p. 59.
Ante, p. 561,
chap. 60.

CHAPTER 62.

VOTE ALLOWING £3. 3 TO M^ HARRISON GRAY.

Voted that the Sum of three pounds three Shillings be allowed
out of the publick Treasury to M' Harrison Gray, being so much
that He allowed to Samuel Welles Esq'' for Interest and Premium
upon the Government's Securities that He rec'd of him for Lottery
Tickets. And that the Treasurer be directed to pay him that

Sum accordingly. \^Passed October 8.

CHAPTER 63.

ORDER ON THE PETITION OF SARAH CHECKLEY IN REGARD TO A
SETTLEMENT OF ACCOUNTS.

A Petition of Sarah Checkley of Boston Widow shewing that
at the Inferiour Court of common Pleas for the County of Suffolk
held at Boston in July last, she was sued by John Gerrish »& Wil-
liam Phillips as Administrators on the Estates of Samuel Gerrish
& Joseph Gerrish Dec'^ that she perceiving that they, had given
her short Credit in the Accompt they sued upon the Sum of Forty
Pounds, she filed her Accompt in due Time according to Law in
order to have that Sum allowed her, but the Court apprehending
that the Law for fileing Accompts was expired refused to allow
her Accompt, & for as much as the Court acted upon Mistake said
Law being still in force, & the Estates of the said Samuel & Joseph
Gerrish are represented insolvent, therefore praying that the said
Inferiour Court (now sitting) may be impowered to receive her
Accompt & settle the Ballance accordingly

Eead and

Ordered that the Justices of the Infe'" Court of Conmon ' pleas
now sitting in Boston be and hereby are impowered to hear the
Pef and Adm''^ herein named on the Acc*^^ filed by the said Sarah
Checkley and allow all Such Sums as shall appear to said Court
were paid by her when said Judgment was entred up, and take
care the same be Endors'd on the Executions Issued on the said
Judgments which are returnable to said Court now sitting. [Passed
October 8.

CHAPTER 64.

ORDER IMPOWERING CAPT. MOSES BENNET TO MAKE UP HIS MUSTER

ROLL.

RlflrKf the -^ Petition of Capt Moses Bennet, shewing that he & two men
Council, xix., luider him have had the Care of the Massachusetts Frigate from
381. Mass. ^j^g gjb ^^ August last to this Time for which he has had no Allow-

» Sic.

[2d Sess.] Province Laws {Resolves, etc.). — 1751-52. 563

ance praying that he may be be ' allowed to make up a Muster Roll ^^y'^^JH;

for the pay & Subsistence due. -^^^

Read and in Answer Archives,

Ordered that the Pef be allowed to Make up a Muster roll for House^Jour-

himself and two Men upon Usual pay and Subsistance from Aug* ^ «')!e^^' *r2 ^°

6"' 1750 to the 10*'' Curr*. [Passed October 8. chkp. m' '

CHAPTER 65.

RESOLVE DIRECTING THE TREASURER TO RECEIVE CERTAIN NOTES
FROM SHERIFFS AND CONSTABLES FOR TAXES.

Whereas there is a Difficulty arising with the several Sherriffs, Legislative
Constables & Collectors of Taxes within this Province as to the councu^, xix^®

receipt of the Treasurers Notes, by Reason that one Denomina- ^J^

tion of them are made payable to the Treasurer (for Taxes due Mass.
this present Year) accounting the principal only, & others of the 662.' House '
same Denomination made payable for Taxes the same Year with Prov?nce^' ^^'
the Interest & Premium due on the Same, provided they be paid ^^^^'^^•> ^^^
before the 31 of December next, and the other Denominations of '^ ^'^''
the Treasurers Notes are not payable in any Taxes at all, and as
it is difficult for the several Sheriffs Constables & Collectors to
make a proper Discrimination of said Notes, therefore

Resolved that the Treasurer be & he hereby is directed, to receive
of the several Sheriffs, Constables, & Collectors of Taxes & Collectors
of Excise any of said Notes which are payable on or before the Thirty
first of December ^ for the Payment of their respective Collections,
accounting Principal, Interest & Premium due thereon, Provided said
Notes are brought into the Province Treasury on or before the thirty
first day of December next. \^Passed October 9.^

CHAPTER 66.

VOTE ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO
THE MOHAWKS SETTLING IN THIS PROV^^

The Comm'^'^'^ appointed to take under Consideration that Para- Legislative
graph of his Honours Speech respecting the Western Tribes of coiinclf, xix!]^

Indians &c. together with the Report of the Comm"'^ respecting '^^

that Affair, report as their Opinion R®^'^!a"^f the

That a Comm""*^ be appointed to contract for a Quantity of Land councu.xix..
of the Contents of about three miles square including the Hop journal, pp. "2^
Land lying within the Township of Sheffield, and agree for an ^j^^f'j^^^ggf '
equivalent in Province Lands, or otherwise as they shall judge note. '
best. That there be two Schools built at the Charge of the

Government, wherein the Indian Children may be instructed, one
for the Boys & another for the Girls, that the House built for the
boarding School be finished. In which the Master of the Boys School
may live together with the Boys under his Care, it being expected

1 Sic.

^ Mass. Archives, cii., 662, here adds the word "next."

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is October 5.

564

Province Laws {Resolves^ etc.). — 1751-52. [Chap. 67.]

that the Girls will be boarded at M""^ Seargeuts in Case she under-
takes to keep the School That the Maintenance of the Indian
Children in said School both as to cloathing & dieting be at the
Expence of the Government except so far as is provided for by M'
Hollis, or by the Corporation for propogating the Gospell That
there be two English Youths put into the Boys School in order to
learn the Indian Tongue, that so they may be qualified for future
Service to the Governm' among the Indians to be boarded at the
Expence of the Government That M''^ Ashley be retained as
an Interpreter, who, together with her Husband may also be em-
ployed in the necessary Services of the Family, »& that there be an
expert & industrious Man procured to manage the Husbandry on
the School Lands, & instruct the Youths therein & that proper
utensils therefor be provided

That Provision be made for the subsistence of the Mohawk Familys
together with what they may be able to supply themselves with by
hunting, until they shall be able to raise something upon the Lands
to subsist themselves. That a Letter be wrote to the Govern-

ment of Connecticut informing them of the measures taken by this
Government for securing the six Nations to the British Interest, as
well as for their Instruction, and that we hope & expect they will
join in them & contribute towards the Expence.

That this Court do agree to the Proposals of Sir Peter Warren
of appropriating the Sum of seven hundred Pounds sterling in his
hands for the educating the Mohawk Children, and that he be im-
mediately advised thereof, and desired to transmit the same, and
that it be let out at Interest & the Interest be applied to the Pur-
poses aforesaid.

That a Letter be wrote to M'' Hollis of London who has employed
Capt Kellog to support & educate a Number of Indian Children at
his Expence, that he be inform'd of Measures taken by this Gov-
ernm* for the like Purposes & be desired to appoint one or more
Trustees for the Managem'' of his Charity, to act in concert with
such Persons as may be appointed by the Governm' in carrying on
said Design, and

That a Comm"'^ be accordingly appointed by this Court to carry
into Execution the aforegoing Design, that they be impowered to
receive such Donations from Time to Time, as may or shall be
offered for the Encouragem*^ & support of said School, That they
have the Inspection & regulation of the Same, & the Managem'
of all the Prudentials thereof, subject to such Directions & In-
structions, as they shall receive from this Court from Time to
Time, said Comm"''' to be accountable & to be rewarded for their
Service

Jacob Wendell ^ order.

Kead & Accepted. \^Passed October 9.

Legislative
Records of the
Council, xix.,
383. Mass.
Archives,
ccxlvii., 203.

CHAPTEE 67.

ORDER ALLOWING THE ACCO'^ OF THE TREAS« OF SUFFOLK COUNTY.

An Accompt presented by Edward Winslow Esq"" Treasurer of
the County of Suffolk, for the Year 1750 having been laid before
the Court of General Sessions of the Peace for said County & by
them allowed Read and

[2d Sess.] Province Laws (Hesolves, etc.). — 1751-52. 565

Ordered that the within accompt be allowed And that the Ball* Archives,
thereof being Eighteen pounds four Shillings the said County be ccxivn., 203.
accountable to S*^ Treasurer for. [Passed October 9. nai, pp. 10,54,

61.

CHAPTER 68.

VOTE ACCEPTING THE REPORT OF THE COMMITTEE APPOINTING A
FARMER OF EXCISE FOR THE COUNTY OF SUFFOLK.

The Comtee appointed to Farm out the Excise upon spirituous Mass.
Liquors &c for the County of Suffolk Beg Leaue to Inform this Hon^^« ^xix^.^ii.
Court That they haue attended that service and Accordingly haue House Jour-
Farm'd out the Same to M"" John Ruddock of Boston for two Thou- nai, p. 63; p. 51
sand & fifty Eight pounds Thirteen shillings & 4*^ Lawfull money i752r"^»^e,
for one Year Comminceing the 29"' day of June Last and haue Taken p- ^^^> ^^^"^^ ^'^■
security for the payment there of and Delivered the same in to the
province Treasurry

Which is Humbly offerd p Sam^ Watts '

In Council Read & sent down

In the House of Rep"''^ Read. [Passed * October 9.

CHAPTER 69. ».!f"7t

Records of the
Council, xix.,
384. Mass.
VOTE DESIRING THE PROCLAMATION OF A PUBLICK THANKSGIVING. Archives, xiii.,

259.

Voted that His Hon^ the Lieu* Gov' with the advice of His Maj- ^^^^'hives, xiii.,
esty's Council, be desired in some convenient time to Issue out His 260. House
Proclomation appointing a Day of General Thanksgiving, to be Love^frast^'
observed throughout this Province, in Consideration of the many SlVln^g'^Daysof
Mercies recieved in the Course of the Year past, and forbidding New^Engiand,
all Servile Labour on said Day.^ [Passed October 10.

p. 496.

CHAPTER 70.

ORDER FOR SETTLING PRICES OF COMMODITIES TO BE REC«^ FOR TAXES.

Ordered that such of the Eldest Councellors of each County as Legislative
are now attending this Court, together with the Province Treas- counc'if, xixl",^

urer forthwith proceed to agree upon & set the Prices of the sev- 384^

eral Species & Commodities which the Inhabitants of the Province Mass.

have Liberty by Law to pay tlieir Taxes in, and that the Determi- m\. Province

nation of the major part of them be valid in Law. [Passed October 10. ^jfa^f-jj^'-' ^^'

1 This chapter is not signed, but Mr. John Ruddock subsequently applies for the con-
sideration of the court, as he asserts he paid too much for the privilege. — House Journal,
p. 51, November 30, 1752.

2 A public Thanksgiving was appointed for Tuesday, November 7, 1/51. See Love s
Fast and Thanksgiving Days of New England, p. 496.

566

Province Laws {Resolves, etc.). — 1751-52. [Chaps. 71-73.]

CHAPTER 71.

House Jour-
nal, p. 61.

Mass.
Archives,
cxvi., 13.5, 136.

Mass.
Archives,
cxvi., 136.
House Jour-
nal, p. 61 bis.

ORDER IMPOWERING THE SELECTMEN OF SWANZEY TO CALL A TOWN

MEETING.

A Petition of Mr. William Slead, Eepresentative of the Town
of Sivanzey, shewing that sundry of the Officers chosen at the
annual Meeting in Marcli last, and at an Adjournment since, re-
fuse to qualify themselves according to Law; they therefore pray
they may have the Liberty to call another Meeting to chuse other
Persons for the Service &c.

Read and

Ordered that the Select Men of the Town of Swanzey be and they
hereby are Impowered to Issue their Warrant to the Constable of said
Town for the Year 1750 to call a Town Meeting as soon as may be
to make Choice of the remaining Town officers for the Year Curr*
which should have been Chose in the Month of March last. And
the said Town Officers when Chosen shall be as much Obliged (to
all intents and purposes) to Serve in the said Offices to which they
shall be respectively Chosen, as though they had been Chosen in
the Month of March last, {^Passed Octoher 10.'

CHAPTER 72.

Legislative
Records of the
Council, xix.,
384. Mass.
Archives, cxi.,
226.

Mass.

Archives, cxi.,
224. House
Journal, p. 66.

ORDER GRANTING TO BEN. CUDWORTH LICENCE TO KEEP AN INN.

A Petition of Benjamin Cudworth of Scituate in the County
of Plimouth shewing that for many Years past he has been an In-
holder in said Town, that upon the last Term of the Court for
granting Licences for said County he happened to be beyond Sea,
& so lost the Opportunity of renewing his Licence, Therefore pray-
ing that the Court of General Sessions of the Peace for said County
may be impowered to renew his Licence at their next Term

Read and

Ordered that the Justices of Gen' sessions of the Peace for the
County of Plym^*^ be allowed at their next Session (if they see
cause) to grant the Pef a Licence to keep a House of publick
Entertainment. He first obtaining the approbation of the Select
Men of the Town of Scituate.

The time for granting Licences being elapsed notwithstanding.
{^Passed October 10.

CHAPTER 73.

Legislative
Records of the
Council, xix.,
384. Mass.
Archives,
cxvi., 146.

Mass.
Archives,

VOTE IMPOWERING THE SELECTMEN OF REHOBOTH TO CALL A TOWN

MEETING.

A Petition of the Inhabitants of the Town of Rehoboth, Shew-
ing that having not Chosen any Town Officers in their Anniversary
Meeting in March they adjourned their Meeting into another Month,
but being in doubt whether the Persons chosen in any other Month
than March, are by Law obliged to serve, therefore praying that the

1 The Council at first non-concurred in this order and the record of the non-concurrence
is dated August 9, 1751, evidently a mistake for October 9, 1751. The House adhered to
their original vote and the Council concurred therewith October 10, 1751.

[2d Sess.] Province Laws (^Resolves, etc.). — 1751-52. 567

Select Men for the Year 1750, may be impowered to call a Meeting cxvi., 145.
for the Election of those Officers which should have been chosen & nai^iK qi^'
that they be obliged to serve

Voted that the Select men of the Town of Rehoboth for the year
1750 be & they hereby are Directed & impowered to issue their War-
rant to one of the Constables of S'' Town for the year 1750. To Call
a Town meeting as Soon as may be to make Choice of the Several
Town officers for the year Currant which should have been Chose
in the Month of March Last and the Said Town officers when
Chosen Shall be as much obliged (to all intents & purposes) To
Serve in Said offices to which they shall be respectively Chosen
as th6 they had been Chosen in March Last. \^Passed October 11.^

CHAPTEK 74.

VOTE APPOINTING A COMMITTEE TO MANAGE THE AFFAIRS OF THE
INDIANS OF THE SIX NATIONS WHO SHALL SETTLE WITHIN THE
PROVINCE.

The two Houses proceeded to choose by joint Ballot three Gen- Legislative
tlemen for managing the Affairs of the Indians of the six Nations councif xiil^^
coming to settle within this Province ^s. Mass.

The following Gentlemen were this Day Elected by the Major xxxii., 216.
V'ote of the Council and House of Represent""*^ to be a Committee Legislative
for Managing the Affairs of the Indians of the Six Nations that councff.xix'^r
shall settle within this Province, viz, 384. House

T -r\ T71 R Journal, p. 67.

Joseph Dwight Esq^ ^w<e,p.563,
Joseph Pynchon Esq,^ chap. 66.
Cpt. John Ashley
Election consented to by the Governour. \^Pa8sed October 11.^

CHAPTEE 75.

ORDER ALLOWING £6. 13. 4 TO JOS. BANE.

A Memorial of Joseph Bane Interpreter of the Indian Language Legislative
at the Truck House at S' Georges River, shewing that he is exposed councif xlx^^
to many Difficultys & Charges in his old Age, & praying that this 385. Mass.

y-^ 0'j.t/o A.rcLllV68 cv

Court would grant him some further Allowance for his better Sup- 389. ' ''

port in the said Trust House Jour-

Rpad nnd nal,pp.64, 68.

xieau cinu ^M<e,p. 420,

Ordered WvdX the Sum of Six pounds thirteen Shill^^ and four chap. 29.
pence be allowed out of the publick Treasury to the Pet"^ towards
his Support for the present Year. [Passed October 11.

CHAPTER 76.

VOTE AUTHORIZING ANNUAL PRESENTS TO Y'' INDIANS AT THE EAST-
WARD.

Voted that His Hon'' the Lieu*^ Gov"" be desired at the proposed r®^'^^^**\^i^
Interview with the Indian Tribes at the Eastward; to give those council, xix.,

1 This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is October 10.

568

Province Laws {Resolves, etc.). — 1751-52. [Chaps. 77-79.]

386. Mass.
Archives,
xxxii., 217.

Legislative
Records of the
Council, xix.,
359, 360.
House Jour-
nal, p. 68.

Tribes Assurance in the name and. on the behalf of this Grovern-
ment that so long as they continue in Friendship with the English
and keep firm and inviolable the Peace made, They may depend
upon recieving from this Govern"* in the Month of October annu-
ally, a Present in token of the Friendship Subsisting between them
and this Government. \^Passed October 11.

Legislative
Records of the
Council, xix.,
386. Mass.
Archives,
cxix., 515.

Mass.
Archives,
cxix., 514.
House Jour-
nal, p. 66.

CHAPTEE 77.

ORDER GRANTING TO DANi- DANA LICENCE TO RETAIL SPIRITUOUS

LIQUORS.

A Petition of Daniel Dana of Cambridge shewing that the In-
habitants of said Town on the South Side of Charles River have
obtained of the Select Men of said Town their Approbation of the
Petitioners being a Retailer of strong Drink Therefore praying that
this Court would impower the Court of General Sessions of the
Peace to grant him a Licence accordingly

Read and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Middlesex be allowed to grant the Pef a Licence (if
they see cause) at their next Session to retail Spirituous Liqu [ors &c] '
the time therefor by Law being elapsed notwithstanding. \_Passed
October 11.

CHAPTER 78.

Legislative
Records of the
Council, xix.,
386. Mass.
Archives,
Ixxiv., 43.

House Jour-
nal, pp. 64, 68.
Ante, p. 471,
chap. 155.

ORDER ALLOWING £4 TO MOSES HOYT.

A Petition of Moses Hoit of Newbury shewing that the Wounds
that he received at the Seige of Louisburg still remain unhealed by
which Means he is rendred unable to support himself & Family, and
therefore praying for a further Allowance from this Court

Read and

Ordered that the Sum of four pounds be allowed by the Comm*®
of War to M"" Richard Kent for the Use of the Pef in consideration
of his Sufferings above mentioned. \Passed October 11.

CHAPTER 79.

Legislative
Records of the
Council, xix.,
386. Mass.
Archives,
Ixiv., 462.

Mass.
Archives,
Ixiv., 460.
House -Jour-
nal, pp. 65, 67.
Ante, p. 431,
chap. 59.

ORDER ALLOWING CAPT THO^ SAUNDERS TO MAKE UP HIS MUSTER

ROLL.

A Petition of Capt Thomas Saunders Commander of the Sloop
Massachusetts shewing that in August 1750 he was Ordered by His
Honour the Lieutenant Governour to attend his Majestys Ship Suc-
cess, The Right Hon^'^ The Lord Colvill Commander on a Cruize
to the Eastward, in which Service he continued with the said Sloop
& Company for the Space of Nineteen Days, which being a Service
over & above what he agreed for with this Governm*, Therefore pray-
ing that he may be allowed to make up his Muster Roll for the Same,
as also for Twenty one Days extraordinary Attendance on the Indians.

Read and

1 MS. mutilated.

[2d Sess.] Province Laws {Resolves, etc.). — 1751-52. 569

Ordered that the Prayer of the Pet° be granted and the Pef
is allowed to make np a Muster roll for the forty Days mentioned
accordingly. \_Passed October 11.

CHAPTER 80.

ORDER REFERRING ALL UNFINISHED MATTERS. Legislative

Recorrts of the

Ordered that all Matters now before the Court which shall not 387.
be passed upon this sitting shall have the same Day on the next House Jour-
sitting of this Court. [Passed October 11. "'"• p- ^^•

CHAPTEE 81.

ORDER ALLOWING £73. 13. 11 FOR THE EXPENSES OF THE COMMITTEE
APPOINTED TO PROVIDE FOR THE MOHAWKS AT STOCKBRIDGE.

A Memorial of Joseph Pynchon Esq"" shewing that in October Legislative
1750, he with Josiah Dwight Esq^ & Capt John Ashley were ap- councif, xix^f
pointed by this Court a Comm"'' to provide for the Mohawks at 387. Mass.
Stockbridge, that several Sums of Money were ordered to be paid xxxii., •221.

out of the publick Treasury, tho not sufficient to defray the neces- Mass.
sary Charge, That for want of Money in the Treasury the Comm"''' xxxn^2i8-22i
have been obliged to defray the Charge with their own Money & House' Jour-
Credit & therefore praying that the Ballance of their Accompt may Ante'\i.m,
be allowed, & that some Measures may be taken that they may receive '^^^^^ ^^"•
out of the Treasury the Money granted, or that may be granted for
their Service.

Eead and

Ordered that there be allowed the Comm®*^ within named (exclu-
sive of their Expence and Services) Seventy three pounds thirteen
Shillings and eleven pence the Ball^ of the Annexed Account out
of the publick Treasury. \_Passed October 11.

CTJA'PT^TTT? QO Legislative

il-A.-L±JliK O Ji . Records of the

Council, xix.,
387. Mass.
ORDER TO THE COMMITTEE CHARGED WITH THE CARE OF THE MAS- Archives,

SACHUS^'s FRIGATE. ^^"''^•' ^^-

House Jour-

C^rf/ere« that the Comm'"' app'*"" in i ebruary last to improve or (.January,
dispose of the Mass'^ Frigate be directed to take the more imme- linte, \l' bhb,
diate care of her preservation till the further Order of this Court, chap. 47.
[Passed October 11.

570

Province Laws (Resolves, etc. ) . — 1751-52. [Chaps. 83-85.]

RESOLVES. ORDERS, VOTES, ETC.

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

1751-

CHAPTEK 83.

Legislative
Records of tlie
Council, xix.,
390. Mass.
Archives, cxi.,
230.

Mass.

Arctiives, cxi.,
229. House
Journal, p. 73

ORDER GRANTING TO JOHN WARD LICENCE TO KEEP AN INN.

A Petition of John Ward of Lynn Liholder shewing that he
depended on one of His Friends to give Recognizance for him ac-
cording to Law for his Licence, which by Eeason of His omitting
to do the proper Time is lapsed, Therefore praying that he may be
now allowed to recognize & take up his Licence

Eead and

Ordered that the Justices of the General Sessions of the Peace
for the County of Essex be impowered at their next Session to Grant
the Pef a Licence (if they See cause) to keep a House of publick
Entertainm'^ the ensuing Year, the Stated time for granting Licences
being elapsed notwithstanding. [Passed December 28.

CHAPTER 84

Legislative
Records of the
Council, xix.,
,390. Mass.
Archives, cxi.,
233.

Mass.

Archives, cxi.,
23-2. House
Journal, p. 73.

ORDER GRANTING TO JN« THORNDYKE JUN^ LICENCE TO KEEP AN

INN.

A Petition of John Thorndyke jun'' of Bererly Inholder shew-
ing that by Mistake he missed taking out his Licence for the present
Year till the Time was elapsed, therefore praying that he may be
allowed to recognize, & take out his Licence at the next Court of
General Sessions of the Peace in Essex

Read and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Essex be impowered at their next Session to Grant
the Pef a Licence (if they See cause) to keep a House of publick
Entertainment the ensuing Year, the Stated time for granting
Licences being elapsed notwithstand». [Passed December 28.

CHAPTER 85.

Legislative
Records of the
Council, xix.,
391. Mass.
Archives, cxi.,
23.^.

ORDER GRANTING TO THO. MUNROE LICENCE TO KEEP AN INN.

A Petition of Thomas Munroe of Concord shewing that he has
lately purchased of Ephraim Jones his House in said Town, which
is Convenient for a Tavern, & where a Tavern has been kept for
divers Years, praying that the Court of General Sessions of the

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 571

Peace for the County of Middlesex, maybe impowered to grant him Mass.

a Licence at their next sitting by Adjonrnm^ 23r'"iou8e^*''

Read and Journal, p. 73.

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Middlesex be allowed and impowered at their adjourn-
ment on the first tuesday of January next to grant the Pef a Licence
(if they See cause) to keep a House of publick Entertainm' the ensu-
ing Year the stated time for granting Licences being elapsed notwith-
standing. \_Passed December 28.

CHAPTER 86.

ORDER IMPOWERING THE JUSTICES OF THE COURT OF GENERAL SES-
SIONS TO TAKE BOND OF EBENEZER CHOATE.

A Petition of Ebenezer Choate of Newbury Innliolder, shewing Legislative
that through Mistake, he has failed of giving Recognizance & of tak- councu xix^^
ing out his Licence in the proper Season, & therefore praying that 39-2. Mass.^
the Justices of the Court of General Sessions of the Peace for the 228? '^^^^' ^"'^^''
County of Essex, may be impowered to take his Bond & grant him Mass.
a Licence at their present Session. Archives, cxi.,

-P, , n ^ 22 1. House

Read & journal, p. 76.

Ordered that the Justices of the Court of Gen^ Sessions of the
Peace to be held at Salem within & for the County of Essex on
Tuesday the 'dV^ Instant, be, & they hereby are impowered to take
Bond of the Pef for the Purposes within mentioned in Manner as
by Law prescribed. \^Passed December 31.

CHAPTER 87.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE COM-
PLAINTS OF THE NANTUCKET INDIANS.

A Petition of divers Indians of Nantucket complaining of the Legislative
English Inhabitants of the said Island making Encroachm'^ uj^on councff xix^^
their Lands & of other Acts of Opression, praying for redress from 390,392.' Mass.

ii • n J- ' r J & Archives,

this Court xxxli.,276.

The Comm'"^ appointed to Consider the Petition of a Number of Mass.
Indians Inhabitants of Nantucket have met & heard two of said xxxn^275 385-
Indians thereupon, who further alledge that they are owners of one m House "_
half of said Island, altho the English set up a Claim to a greater u/ie^^^Ante',^'
Proportion, in Consequence of a late Indian Deed, The Comm'"" are p- •■^to, ohap. 19.
therefore humbly of Oj)inion, that the Guardians of said Indians
be served with a Copy of their Petition & of the Evidences brought
to Support it, and that the said Guardians notify the English In-
habitants, who may be effected thereby that so they make Answer
thereto, as soon as may be, & that the said Guardians be directed
likewise to make a Re^^resentation of Facts relating to this Affair
at the Same Time, That so the Court may give the necessary Orders
about it, and in tlie mean Time that the said Guardians be directed
to take effectual Care that the Indians be supported & protected in
the Enjoyment of their wonted Priviledges & Improvements

Jacob AYendell ^ Order

572

Province Laws {Resolves, etc.). — 1751-52. [Chaps. 88, 89.]

Bead & Accepted &

Ordered that the English luhabitants of Nantucket concerned in
the Affair within mentioned give in their Answer to the Indians
Complaint, & the Guardians of the Indians their Eepresentation
of y*" Facts, on the first Fryday of the next Sitting of this Court.
[Passed December 31.

CHAPTER 88

Legislative
Records of tiie
Council, xix.,
391. Mass.
Archives,
cviii., 43s.

Mass.
Arcliives,
cviii., 437.
Legislative
Records of the
Council, xix.,
389. House
Journal, p. 76.
Province
Laws, iii., 559,
note. Ante,
p. 555, chap.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE L^ GOV*»
SPEECH IN REGARD TO THE STATE OF THE PROVINCE TREASURY, ETC.

The Comm'^'^'^ appointed to take under Consideration His Honour's
Speech at the Opening of the Session & to make Eeport, having
attended the Service are humbly of Opinion, that the Treasurer be
directed forthwith to lay before the Court a full & Correct State of
the Province Treasury, setting forth therein the whole Sum that has
at any Time been by him received & paid, of which an Account has
not yet been rendered, together with the whole of the Debt due to
the Province from the several Creditors of the Revenue of the Gov-
ernm' As also of the whole Sum that this ' due from the Province for
Principal & Interest of Moneys borrowed and remaining unpaid & the
Sum now lying in his Hands, either in Silver or Gold or Bills of Credit

The Comm''"'' are further of Opinion that altho there may have
been Instances of Persons in some parts of the Province, presum-
ing to receive &, pass the Bills of the other Governments, yet that
the Laws already in being are sufficient & that this mischevious
Practice must arise from a Want of due Attention to the Laws in
the several Persons who are concerned to put them in Execution

The Comm'"" have made some Inquiry from Persons acquainted
therewith, into the Circumstances of the German Families lately
imported, & it appears that some of them are in Danger of Suffer-
ing during the Winter Season; and therefore the Comm**® are of
Opinion that a more particular Inquiry be made into this Affair,
that so such of the said Germans as are incapable of supporting
themselves may receive such Releif as may be thought proper

The Comm'^'^'' are further of Opinion that in as much as the
intended Conference with the Indians the last Fall, was prevented,
It is therefore necessary a Conference should again be propos'd &
had with with^ the said Indians as soon as the Season of the Year
& other Circumstances will admit.

Jacob Wendell f» Order

Read &

Ordered that this Report be accepted. [^Passed January 1.^

CHAPTER 89

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON THE LETTER
OF AGENT BOLLAN.

Refords'Jf the "^HE CoMM™'' appointed to Consider M' Agent Bollans Letter &
Council, xix., to make Report have met several Times on the Affair, & made some

^ Mass. Archives, cviii., 437, reads, "is."
'- Sic.

3 This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is December 31.

[3d Sess.] Province Laws {Resolves, ete.). — 1751-52. 573

Progress therein, but finding it will be necessary that several Per- Legislative
sons should be sent for from Salem to Boston in order to give Evi- coundf.xlx!!^
dence to certain Facts, relating to the Trade between the English fo^up^f^^^J
& French in America, & as this will occasion some Charge, the *"^''"''^'P'"-
Comm'"" thought it their Duty to make Eeport thereof & to take
the Direction of your Honours thereon, which is humbly offered.

Jacob Wexdell ap Order

[Read &]

Voted that the Comm'^*' within mentioned have Liberty to send
for what Evidences they shall think Material in Order to have them
sworne by His Honour; The Governm*^ to be at the C[h]arge of their
coming to Boston, \^Passed January 1.

CHAPTEE 90.

ORDER GRANTING TO JOS. PERKINS LICENCE TO KEEP AN tt^N.

A Memorial of Joseph Perkins of Chebacco shewing that there Legislative
is no Person licenced in said Precinct to keep a House of publick Records of the
Entertainment which occasions great Inconveniences to Strangers 394. Mass.' ''
that come there, that the Petitioner has obtained the Approbation ^e?^^^*^^' ^^^''
of the Select Men of Ipswich, for his keeping such House, & there- House Jour-
fore praying that the Court of General Sessions of the Peace for nai. p- 77.
the County of Essex may be impowered to grant him a Licence in
their present Term.

Read &

Orderd that the Court of Gen" sessions of the peace for the
County of Essex now sitting at salem be & hereby Are impowerd
to grant the Peti"" Licence to keep a Publick House of Entertain-
ment at Chebacco in Ipswich the Time for grant^ Licences being
Elapsed notwithstand^ he first obtaining the Approbation of the
select Men. \^Passed January 1.

CHAPTER 91.

VOTE FOR SUPPLY^ THE GERMAN EMIGRANTS W^n BLANKETS &c.

Voted that the Commissary Gen" be directed to supply m'' Etter Legislative
with Blanketts & beds, now in his hands, not Exceeding Tenn of council! xix.,^
each for the use of those of the poor Germans who are now suffer- ArcWv^M^xvi
ing by Reason of the severity of the season. The blanketts & beds io7.
to be returned, when the Germans have done w**" them & in case House Jour^
the Comissary has not a number sufficient he is then directed to Province^' ^''
purchase so many as shall be wanting to enable him to comply with Laws, lu., 559,
this order. yFassed January 2. 572, chap. 88.

• This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is January 1.

574

Province Laws {Resolves, etc.). — 1751-52. [Chaps. 92, 93.]

Legislative
Records of the
Couucil, xix.,
394. Mass.
Archives,
xlvi., '259.

Mass.

Archives,
xlvi., 2.57, 258.
House Jour-
nal, p. 78.
Ante, p. 550,
chap. 29.

CHAPTER 92.

ORDER COMFIRMING A GRANT OF 250 ACRES OF LAND TO THO. FAIR-
BANKS.

Two Plats of Land laid out by Joseph Wilder Jun'' & Chain-
men under Oath for Thomas Fairbanks to fulfill a Grant made to
his Father Jabez Fairbanks,

The First bounding South on the Line that was marked for the
North Line of New Salem, & every other AVay by Province Land,
begining at a white Pine Tree, The South West Corner, thence
running East one hundred & seventy six Rods, to a Pillar of Stones,
the South East Corner, Thence North 29°. 00 West, two hundred
Eods, to a Pitch Pine Tree the North East Corner, Thence runing
West 16°. 00 South, One hundred & sixteen Rods to a Stake, the
North west Corner, from thence runing South 10°. 00 East, One
hundred & thirty one Rods, to where it began. This Plat contains
one hundred & forty one Acres; The other Plat of One hun-

dred & nine Acres lying on Millers River, between the Grant of
4,000 Acres made to Salem, & Paquoig, bounding North by Millers
River & every other Way by Province Lands, begining at a Stake
by said River, & thence runing West 45°. 00 South, fifty three Rods
to a Stake, the North West Corner, Thence runing South 10°. 00
East, One hundred & nine Rods to a Pitch Pine Tree the South
West Corner, Thence runing East 13°. 00 South, one hundred &
twenty three Rods to a Pitch Pine Tree the North ' East Corner
[Thence running North, 10°. 00 One hundred & twenty four rods
to a Pitch Pine Tree the North East Corner],^ standing on the Bank
of Millers River & from thence by the said River to the Place where
it began.

Read and

Ordered that the within Plans be accepted and that the two hun-
dred and fifty Acres of Land herein delineated and described be and
hereby are confirmed to the within named Thomas Fairbanks His
Heirs and Assigns for ever. Provided the Plans exceed not the

quantity of the Grant and do not interfere with any former Grant.
\^Passed January 2.

CHAPTER 93.

VOTE ALLOWING TAXES TO BE PAID BY BILLS OF CREDIT OR BY
GOVERNMENT NOTES.

Legislative
Records of the
Council, xix.,
395. Masa.
Archives, cii.,
665.

House Jour-
nal, pp. 79, 80.
Province
Laws, iii.,582,
chap. 10; 606,
note. Ante,
p. 563, chap. 65.

Whereas by an Act Entitled "an Act for apportioning & assess-
ing a Tax of £30,394. 8. 8 and also for Apportioning & Assessing a
Further Tax of £5,290. 11.' 4 paid the Representatives for their ser-
vice & Attendance in the General Court & Travel, And for Fines
laid on several Towns for not sending a Representative Amounting
in the whole to £35,G85 " Among other things it is Enacted

"That the Inhabitants of this Province shall have full Liberty,
to pay in the several Sums, which they shall respectively be Assessed
in pursuance of that Act, in bills of Credit on this Province ; provided

* This is evidently a clerical error, as the surveyor's description makes it the South
East corner.

^ Inserted from the State Library copy, Legislative Records of the Council, xix., 407.

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 575

they pay the bills aforesaid to the Collectors of said Assessment on
or before the last day of Decem' 1751 "

And Whereas by a Resolve of this Court the 5'^'' of Goto'' last the
Treasurer is directed to receive of the Collec" of Taxes any of the
Government notes which are j)ayable on or before the 31^*^ Dec"" 1751
for the payment of their respective Collections accounting principal
Interest & premium due thereon, provided said Notes were brought
into the Province Treasury on or before the said Sl^' of Decem' 1751

And Whereas said Time is Elapsed & the whole of the Tax is not
yet paid in, to the Collec'"^ impower'd to Collect the same, by reason
that the Warrants for Collecting came to them so late, that it has
been almost Impracticable, fully to Effect the Same : And as by the
Act afoi'esaid, the Collec" have Time allowd them to the 31"' March
next to settle their Accounts with the Province Treasurer, Therefore

Voted that the Inhabitants of the Province have full Liberty to
pay the several sums, which they are respectively Assessd in bills
of Credit as afores*^ or in Government notes that were payable the
31^* of Decem'' last, Account^ principal & premium as also the In-
terest due thereon, untill the said 31" day of December last and no
longer. [^Passed January 3.

CHAPTEK 94.

ORDER OF NOTICE ON THE PETITION OF W" WARE COMPLAINING OF

AN ASSESSMENT.

A Petition of William Ware of Dighton complaining of the Legislative
Assessors of Norton for assessing him upon Account of a Farm councir xix'^^
in said Town, which he had before sold & for as much as the Peti- sys. Mass.' "'
tioner has applied to the Court of General Sessions of the Peace i*:? ^^^^'^■^'•'
for the County of Bristol for remedy but Cannot obtain it. There- u&m.
fore praying for Releif from this Court. ^1^^%^^'^^-'

Kead and journal, p. 79.

Ordered that the Pef serve the Assessors of the South Precinct
of the Town of Norton for the Year 1750 with a copy of this Pet"
that they shew cause if any they have on the second fryday of the
next Sitting of this Court why the Prayer thereof Should not be
granted.' [Passed Jafiiiary 3.

CHAPTER 95.

ORDER IMPOWERING BENJ^ FROBERT] WATERMAN, ADMINISTRATOR,
TO SELL PART OF AN ESTATE.

A Petition of Benjamin Waterman,^ Administrator of the Estate Legislative
of Benjamin Eaton, late of Kingston, in the County of Plimouth councu xix^^
Dec*^ shewing that the Debts from the said Estate amount to £20. 396. Mass.
14. 9 more than the Personal Estate will Discharge, and for as much xvfii.7sf9.
as the Time for the Sitting of the Superiour Court in the said County Mass,
is at a Considerable Distance therefore praying that this Court would ^rcl'i^es

i- -> o xvin., 819, 820.

1 At the hearing December 1, 1752 (House Journal, pp. 52, 53), this petition was dis-
missed.

^ The petition in Mass. Archives, xviii., 819, is signed "Robert Waterman."

576

Peovince Laws {Resolves, etc.). — 1751-52. [Chaps. 96, 97.]

House Jour-
nal, pp. 78, SO.
Province
Laws, ii., l.ol,
chap. 10.

impower him to sell so much of the real Estate as will discharge said
Debts.

Eead and

Ordered that the Pef be and he hereby is Impowered to make a
Legal Sale of so much of the Deed's real Estate, as amounts to the
Sum of twenty pounds fourteen Shillings and Nine pence, being
what the said Estate is in Debt, with the necessary Charges aris-
ing thereon He observing the Province Law respecting the Sale
of Intestate Estates, and giving Security to the Judge of Probates
for the County of Plym*'' to apply the Proceeds of such Sale to the
payment of the Just Debts of the Dec'd, and necessary Charges
And to be accountable for the Overpluss if any there be, arising
by said Sale to the said Judge of Probate for the County aforesaid.
\_Passed January 3.

CHAPTER 96.

RESOLVE IMPOWERING JA^ SLOAN TO COLLECT TAXES.

Legislative
Records of the
Council, xix.,
396. Mass.
Archives,
cxvi., 161.

Mass.
Archives,
cxvi., 160.
House Jour-
nal, pp. 78, 80.

A Petition of James Sloan of Townshend in the County of Mid-
dlesex shewing that in the Year 1747, he took upon him the Office
of Constable of the said Town in the Boom of John Couant, who was
chosen in a legal Town Meeting, & the Petitioner was then accepted
& sworne into the said Office but thro Mistake the Town Clerk
omitted to make a Record thereof, by which Means he finds great
Difficulty among some of the Inhabitants to collect the Taxes com-
mitted to him by the Assessors, therefore praying for Eeleif from
this Court.

Read and thereupon

Resolved ' that the said James Sloan be and hereby is fully Impow-
ered and Authorized to Collect the remaining part of the Taxes yet
unpaid in his Rate List as fully as though it had been recorded in
the said Town Records that the said James was Chosen and Sworn
to the discharge of said Trust. {^Passed January 3.

CHAPTER 97.

ORDER GRANTING TO W" HICKLING LICENCE TO RETAIL SPIRITUOUS

LIQUORS.

Legislative
Records of the
Council, xix.,
397. Mass.
Archives,
cxix., .il9.

Mass.
Archives,
cxix., 518.
House Jour-
nal, p. 82.

A Petition of "William Hickling Distiller shewing that His Bus-
siness immediately leads him to the selling small Quantities of Rum
vrliich he would not willingly do without Licence, & therefore pray-
ing that the Court of General Sessions of the Peace for the County
of Suffolk, may be impowered at their next Term to grant him a
Licence for retailing.

Read and

Ordered that the Justices of the Gen* Sessions of the Peace for
the County of Suffolk be allowed to grant the Pet"" a Licence to
retail strong Liquors the ensuing Year (if they See cause) at their
next Session, He first obtaining the approbation of the Select Men
of Boston the stated time for granting Licence being elapsed not-
withstanding. \^Passed January 4.

* The House Journal, p. 80, reads, " Ordered."

CIX.,

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 577

CHAPTER 98.

VOTE ON THE PET^' OF PELEG LAWRENCE & OTHERS OF DUNSTABLE
TO BE ANNEXED TO GROTON.

A Petition of Peleg LaAvrence, William Prescott, Jeremiah Law- Legislative
rence & James Colbuni of Dunstable, shewing that the Petitioners councff.xL*^^
with their Families are settled upon a Strip of Land that lies at a ^^pj^j-^^fg^^-
great Distance from the Body of the said Town, & bordering upon cxvi., m.
the second Parish in Groton, & but two Miles & an half distant from Mass.
the Meeting House there, & therefore praying that they may be an- ^x'^'-^^el'.
nexed to the Town of Groton & the second Precinct in said Town. House Jour-

[Read &]

Voted that the prayer of the Petition be so farr granted that the
Said strip of Land prayed for, that is the Jurisdiction of it be
Annex'd to the Town of Groton & to y® Second Precinct in said
Town & to doe dutys there & to receive Priviledges from them.
\^Passed January 6.

nal, p. 83.

CHAPTER 99.

VOTE GRANTING 300 ACRES OF LAND TO M« BENJ* RUGGLES.

A Petition of Benjamin Rugles Pastor of a Church in Middle- Legislative
borough setting forth the Difficulties he is under for his Support, counrif, xix!]^
by Reason of his People's Poverty, as also that he purchased divers ^J-.j^f^'"^^^- j^'j
Years ago a Narragansett Right of one Benjamin Downing, but tho 265.
he apprehends his Claim to be valid he has not been able to receive Mass.
any Benefit from it, & therefore praying that this Court would make .^^lee.^ House
him a Grant of three Hundred Acres of Province Land Journal, pp. 79,

Read &

Voted' that in Consideration of the Particular Circumstances
of the Peti"" & to satisfie the right or Claim of Benjamin Downing
therein mentioned there be granted to the Petit"" Three hundred
Acres of Land out of the Unappropriated Lands of the Province
provided the Peti' make a survey thereof adjoyning to some Town-
ship already laid out & make a Return thereof to this Court in One
Year and build a House thereon of Eighteen feet Square & seven
feet stud & Clear up & fit for Tillage five Acres thereof & settle a
Family thereon within five Years from the return of the said Plan.
[Passed January 6.

CHAPTER 100.

VOTE GRANTING TO AARON RICE LICENCE TO KEEP AN INN.

A Petition of Aaron Rice of Rutland shewing that he has for Legislative
divers Years past, kept a Tavern in said Town but this Year omitted g^^^" efi' xL*.f
to take out his Licence at the proper Season, but has since been fl-^^?^^^\^^
much importuned by the People there to continue in that Employ- 231? '^^^'^-^^•'
ment & therefore praying that the Court of General Sessions of tlie Mass.
Peace for the County of AVorcester may be impowered to grant him Ij^f'^j^^^'s^^^-
a Licence for this present Year. Journal, p. ss.

The House Journal, p. 83, reads, " Ordered.'-'

578

Province \u aw s (^Resolves, etc.) . — 1751-52. [Chaps. 101, 102.]

[Read &]

Voted that the Justices of the Court of General sessions of the
Peace for the County of Worcester be enabled at their next Term
to grant a Licence to the Pef to keep a House of Publick Enter-
tainment in Ruttland he first obtaining the Approbation of the
select Men, the Time for granting such Licences being Elaps'd
Notwithstand?. {^Passed January 7.

CHAPTER 101.

ORDER CONFIRMING A GRANT OF 300 ACRES OF LAND TO JOHN LYD-

STONE.

Legislative
Records of the
Council, xix.,
398. Mass.
Archives,
Ixxiii., 678.

Mass.
Archives,
Ixxiii., 676.
House Jour-
nal, p. 74.
Ante, p. 478,
chap, 175.

A Plat of Three hundred Acres of Land laid out by John God-
free Surveyor & Chainmen under Oath, to fullfil a Grant made by the
General Court in Febr^ 1750, to John Lydstone [of] Kittery, scituate
Northerly from the Town of Berwick, North Westerly from Phillips
Town, & adjoining to a former Grant made & laid out to M' William
Moor.

Read and

Ordered that the within Plan be accepted and the lands therein
delineated and described be and they hereby are coniirmed to the
within named John Lydstone His Heirs and Assigns for ever Pro-
vided the Plan exceeds not the Quantity of the Grant and does not
interfere with any former Grant. \^Passed January 7.

CHAPTEE 102.

Legislative
Records of the
Council, xix.,
394, 399.

Mass.
Archives,
xliii., 490-494.
House Jour-
nal, pp. 79, 88.

ORDER IMPOWERING JN" CODMAN TO ENTER AN APPEAL.

A Petition of John Codman of Charlestown shewing that he was
sued by Caleb Dana, at the last Inferiour Court of Common Pleas
for the County of Middlesex in December last, that Judgm' went
against him, in which Case he had Ordered His Attorney to Appeal,
which thro Forgetfulness he neglected to do & therefore praying
that He may be allowed now to appeal from the said Judgment, to
the Superiour Court of Judicature for said County to be held this
Present Month, upon his recognizing to prosecute his Appeal before
one of the Justices of the said Inferiour Court & that Execution
be stayed

Read with the Answer of Caleb Dana & the Matter being duly
Considered,

Ordered that the Prayer of the Petition be granted & that the
Petitioner be & h[e] is hereby enabled to enter his Action, as tho
he had appealed to the Superiour Court, & make an issuable Plea to
said Action, & the said Court are hereby enabled to hear & deter-
mine said Cause & award Execution thereon. And that the Peti-
tioner pay to the original Plantiff the Costs he has already been at,
& give Security to the Sherriif of the County of Middlesex to pay
[the Plaintiff] what he shall finally Recover. \_Passed January 8.

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 579

CHAPTER 103.

ORDER OF NOTICE ON THE PETITION OF MATT^ HOW TO PROSECUTE

AN APPEAL.

A Petition of Matthias How of Rutland shewing that at the Legislative
Inferiour Court of Common Pleas for the County of Worcester he coum^i^ x-ix!"^
prosecuted an Appeal from a Judgment of John Chandler Esq"' one ^99. mjIsb.
of His Majesty's Justices of the Peace for the said County in a Cause xiiiijla?.'
between the Petitioner & one Patrick M'^Gregory, & that after the Mass.
Cause was committed to the Jury, & while they were considering it, xim^Ial-soo
the Petitioner was arrested by John Chandler jun'' Esq'' Sheriff of iiouseJour-'
the said County by virtue of a Warrant of Distress from the Prov- '^^•p-'^^-
ince Treasurer «& detained as a Prisoner, so that for want of his
Appearance at Court, Judgment went against him, altho the Jury
had agreed upon their Verdict in favour of the Petition"" complain-
ing also of other unfair dealings from the SherrifE & his Deputy &
therefore praying for redress from this Court, & that he may also
be allowed to prosecute his Appeal to Effect.

Read &

Ordered that the Petif serve the Adverse party as also John
Chandler Esq"" Sherrif of the County of Worcester, & John Cur-
tis his deputy sherrif 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
January 8.

CHAPTER 104.

VOTE ALI OWING £18. 7. 6 TO CAPT. PHIN^ STEVENS.

A Memorial of Capt Phineas Stevens, shewing that when he Legislative
was at Canada, the last Year in the Service of this Governm' he councif xix*^^
advanced £315 Livers for the redemption of one Timothy Whitten 4oo. Mass.
an English Prisoner belonging to this Province, praying that he ixxiv.^si.
may be reimbursed that Sum out of the Province Treasury. House Jour

[Read &] nai, pp. 82. 90.

Voted ' that the Prayer of the Memorialist be granted & that the
sum of Eighteen pounds seven shillings & six pence Equal in Value
to 315 Livers, by him Advancd for the redemption of Timothy Whit-
ten be allowed & paid the s*^ Memorialist out of the Publick Treasury.
\^Passed January 8.

CHAPTER 105.

ORDER FOR ADJOURNING COURTS IN BARNSTABLE COUNTY.

Whereas by Law the Court of General sessions of Peace & Infe- Legislative
riour Court of Common pleas for the County of Barnstable are to councif xfx*'**
be held at Barnstable on the 3*^ Tuesday of Jan'"^ Inst'' & the sittin 399. Mass.
of said Courts at that Time may be Attended with more Trouble & xmi.Vm.'
Expence to all concern'd, than Advantage House Jour-

Therefore nai.pp.ss.eg.

' The House Journal, p. 90, reads, " Ordered."

580

Province Laws (^Resolves, etc.). — 1751-52. [Chap. 106.]

Province
Laws, iii., 64,
chap. 32.

Orclerd that the said Courts of General sessions of the peace &
Infer'' Court of Common pleas be & they hereby are adjourned to
the third Tuesday of march next, And all Officers, & Others Con-
cern'd in said Courts are to Conform themselves Accordingly, & that
all processes & other matters & things depending in said Courts, &
which are by law to be heard Tryd & proceeded upon at said Term
shall be heard Try'd & proceeded upon at said Court in march next,
& the Justices of said Courts are hereby required to Conform them-
selves Accordingly. {^Passed January 9.^

CHAPTER 106

Legislative
Records of the
Council, xix.,
401. Mass.
Archives,
cxvi., 246.

House Jour-
nal, pp. 82, 87,
94, 95. Prov-
ince Laws, xi.,
701, chap. 125;
744, chap. 82.

VOTE RESPECT^ THE SETTLERS OF PAYQUAGE TOWNSHIP.

Whereas the Great and General Court in the Year One thou-
sand seven hundred and thirty two Ordered that a Township should
be opened at Pequiog afterward Chose a Committee & Impowe[red] "^
them to admit Sixty Setlers on said Lands who were to perform cer-
tain Conditions in order to Entitle themselves unto said Lands within
five years from their admission and in Case said persons admitted as
setlers should fail of performing said Conditions in whole or in part
the Lands were to Revert to the Province, and it appears by the Return
of the Clerk of Pequiog that twenty one of the said persons admitted
Setlers either by themselves or assignees have fully Complied with said
Conditi[ons] ^ Viz' Zachariah Field, Richard Moreton, Samuel Mor-
t[on] ^ Ephraim Smitli Nathan Wait Joseph [Lord] ^ John Smeed
Abraham Nutt John Wood William 01i[ver Ezekiel] ' Wollingford
Nathaniel Graves Joseph Harrington [James] ^ Kellogg Abner Lee
James Jones John Child James Holden Ebenezer Goddard Daniel
Adams Francis Bowman who have now applied to this Court that
their respective shares and proportions in said Township may be
granted and confirmed unto tliem

Voted that the Respective Shares and proportions of said Town-
ship of Pequiog belonging to the said Twenty one admitted Setlers
or their assignees who have fully performed the Conditions of Set-
tlement viz' to each a sixty third part of said Township be and hereby
is Granted to them their heirs and assigns and that one year from
this time be further allowed to the other admitted Setlers or their
assignees to Compleat the Conditions enjoyned by the General Court
and in case they are actually on the Land in six months from this
time and perform the Conditions as aforesaid in one year upon their
application to this Court their respective Shares and projiortions in
said Township shall be Granted and Confirmed to them their heirs
and assigns and such and so many of them as shall fail of perform-
ing said Conditions by themselves or assignees their respective pro-
portions shall be dispos'd of as this Court shall order, and that the
Inhabitants of said Pequiog are hereby authorized and impowered
to assemble together from time to time for the space of one Year
and from thence till this Court shall give further order and when
so assembled by a Major Vote Grant such Monies as may be neces-
sary for the support of their minister and Repairs of highways in
said Townships ' and for the payment of such Officers as they may

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is January 8.

" MS. mutilated. Inserted from Legislative Records of the Council, xix., 401.
^ Sic.

[oD Sess.] Province Laws {Resolves^ etc.). — 1751-52. 581

employ and also may Choose a Clerk Assessors and Collectors who
shall be sworn to the faithful discharge of their Trusts, said Assessors
shall raise their Eates equally upon the sixty shares in said Township
exclusive of the Minister, Ministry and School rights and in case any
of the Setlers or their assignees fail of paying their proportion of the
Taxes that may be laid on their Right or Share viz' of those who have
not performed the Conditions as aforesaid their whole right or share
shall be sold by a Com[m'^® to] ' be appointed by the General Court
and out of the monies [arisinj'g by said Sale said Taxes shall be paid
to the Collector of Pequiog and the overplus into the Province Treas-
ury and that Joseph Lord Esq"" a principal Inhabitant call the first
meeting by posting up in some publick place in said Pequiog a Notifi-
cation setting forth the time place and occasion of said Meeting four-
teen days aforehand and afterwards the Clerk they shall choose shall
warn their meetings in like manner and further that the Notes and
Orders made from time to time by the admitted Setlers and their
assignees of said Pequiog be presented to this Court for their Con-
firmation within one Year. \Passed January 10.

CHAPTER 107.

VOTE ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL

COUNTY.

An Accompt presented by M"" Robert Luscomb Treasurer of the Legislative
County of Bristol for the Year 1750, Having been by him laid g^f,^^c'if, ^il^f
before the Court of General Sessions, of the Peace for the said ^o'^-

County & by them allowed. House Jour-

Read& nai.pp.10.90.

Voted that the Treasurers Accompt for the County of Bristol be
allowed, «& that there is a Ballance due from said Treasurer of Twenty
eight Pounds seventeen shillings & ten pence one farthing, which
said Treasurer is further accountable to said County for. \^Passed
January 10.

CHAPTER 108.

VOTE IMPOWERING ANN GODMAN TO SELL AN ESTATE.

A Petition of Ann Godman Widow of James Godman late of ^®^^®|j**^Ptj.
Mendon Dec'' shewing that the Personal Estate is insufficient to council, xix.,
pay the Debts, & the real Estate in such Circumstances as to render Archiv^es?'
it necessary to sell the whole, therefore praying Liberty from this xvui., »n.
Court to sell the said Estate. Mass.

r-n 1 c 1 Archives,

[Read &\ xviu., 8-2i.

Voted that the prayer of the Petition be so farr granted as that J^c,°ypp;^9°o"9i.
the Pet' be Enabled to sell the Lands mentiond in the Petition and Province'
Execute a good deed of sale thereof, provided shee gives publick chap^'io.'' '
Notice of the Time of sale as usual in such Cases; & that the petiti''
give Caution to the Judge of Probate for the County of Worcester
in order to secure the overplush '' after the Just debts of the deceased
are paid for the benefit of her Children. \^Passed January 10.

' MS. mutilated. Inserted from Legislative Records of the Council, xix., 402.

582

Province Laws {Resolves^ etc.). — 1751-52. [Chaps. 109-111.]

CHAPTEK 109.

Legislative
Records of the
Council, xix.,
402. Mass.
Archives, xiii.,
307.

Mass.

Archives, xiii.,
304-307. House
Journal, p. 91.
Ante, p. 22,
chap. 43.

ORDER OF NOTICE ON PET"* OF IPSWICH S'^ PARISH.

A Petition of x\ndrew Burleigh & Joseph Appleton in behalf
of the South part of Ipswich, shewing that the Petitioners first
applying to this Court, were with such Associates as should join
with them & certify the Same, within three Months at the Secre-
tarys Office, set off a distinct Society, that the names of a large
Number of such Associates were lodgd in the Secretarys Office, but
when the Court House was burnt those Papers were destroyed or
lost, praying that the List of the Names^of the said Associates here-
with presented may be allow'd by this Court, & the Persons & their
Estates confirmed to the said Precinct;

Eead &

Ordered that the Memorialists serve the first Parish in Ipswich
w**" a Copy of this Memorial, that they shew Cause if any they have
on the 1^* Fryday of the next sitting of this Court why the prayer
thereof should not be granted. \^Passed January 10.

Legislative
Records of the
Council, xix.,
403. Mass.
Archives,
xviii., 807.

Mass.
Archives,
xviii., 806.
House Jour-
nal, pp. 78, 81.
Province
Laws, ii., 151,
chap. 10.

CHAPTER 110.

ORDER IMPOWERING JA^ HARLOW, EXECUTOR, TO SELL REAL ESTATE.

A Petition of James Harlow, sole Executor of the last Will of
Sam^ Churchhill late of Plimpton dec'' shewing that by Eeason of
the Legacys bequeathed in the Will which were to be paid out
of the Personal Estate there will remain in his hands but about
£21. 6. 8 to pay the Debts which amount to £75. 3 therefore pray-
ing for Liberty to sell so much of the real Estate as will be suffi-
cient to pay the remainder, or that he may be otherwise directed
by this Court.

Eead and

Ordered that the Pef in his Capacity within mentioned be and
he hereby is Impowered to make Sale of so much of the real Estate
of the said Dec'd (where it will be least prejudicial to said Estate)
as to Satisfye the Debts due from said Estate that are yet unpaid,
amounting to the Sum within mentioned And to make and execute
a good & Sufficient Deed or Deeds of the Same; He observing the
directions of the Law respecting the sale of real Estates, and to
Account with the Judge of Probates for the County of Plym"" for
the overpluss arising on such Sale. \^Passed January 10.

CHAPTER 111.

Legislative
Records of the
Council, xix.,
40.5. Mass.
Archives,
xlvi., 2.56.

VOTE CONFIRMING TO JOS. LORD A PROPRIETOR'S RIGHT IN PAYQUAGE

TOWNSHIP.

A Petition of Joseph Lord Esq"" shewing that he purchased a
delinquent Proprietors Eight in the Townsliip of Paquoiag being
exposed to Sale by the Comm'*"" for said Place, the House Lot of
which Eight or Share is denominated Number fourteen & scituate

^ For list of names see Mass. Archives, xiii., 304.

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 583

on the West of Paqnoiag Hill & on the West Side of the High Way, House Jour-
& he hath since fulfilled all the Conditions of holding said Eight ^Aite,p.'bm,
enjoyned by the General Court & therefore praying that this Court ciiap. i06.
would confl[r]ni to him, the whole Share of Land aforesaid

[Read &]

Voted that W^hereas the said Lord hath perforni'd the Terms of
settlement upon the right of Land in the Above Petition the same
be Confirmd to him his heirs & Assigns for Ever. \^Passed Jan-
uary 11.^

CHAPTER 112.

ORDER IMPOWERING THOMAZIN DAVIS, ADMINISTRATRIX, TO SELL AN

ESTATE.

A Petition of Thamazin Davis Widow & Administratrix of Job. Ref^rds'^of^the
Davis late of Glocester, shewing that his personal Estate being in- council, xix.,
sufficient to pay the Debts on his Estate, she obtained Liberty '^ to Archfves?'
sell a Peice of Pasture Land, near Pigeon Hill but no Body will xviu., 82(i.
purchase it alone, & therefore praying that the Petitioner may have Mass.
Liberty to sell the House, Orchard & about twenty Acres of mow- xviii.,^8-23, 825.
ing Land adjoining to the said Pasture for the Purposes aforesaid ^aTpp'^83?89,
In answer "to this Petition ince^Laws^u

Ordered That the Petitioner be and hereby is allow'd and impower'd, i5i, chap. io. ''
in her capacity of Administratrix, to make Sale of the estate within
mention'd, and to execute, in due form of Law a Deed, or Deeds,
for conveyance thereof, to Such Person, or Persons as Shall give
most for the Same : and that the Petitioner have the Improvement
of one third part of what of the Produce of the Premises shall
remain, after just expences of all Sorts, allow'd by the Judge of
Probate for the County of Essex, are deducted, for her Life; The
Eesidue or two Thirds, to be paid to the Guardian of the deed's
Children, by her to be let out on Interest, and that She pay what
Shall remain in her hands, upon an adjustment of her account,
pursuant to Law, unto the Said Minors, as they arrive of Age, or
Shall be married, which Shall first happen. Provided, before Such
Sale be made, the Pef observe the directions of the Province Law
pass'd in the Sixth Year of his late Majesty King George the first,
relating to Executors or Administrators Sale of Real Estates ; and
give Sufficient Security to Said Judge that the Principal Sum allow'd
her, as aforesaid. Shall, at her deatli, revert to the right heirs of the
Deceas'd ; also that the Guardian afores'd give the like Security to
the aforesaid Judge for the faithful discharge of her Trust. \_Passed
January 12 ^

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 14.

- The permission was granted by the Superior Court of Judicature.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 10.

584

Province Laws {Resolves, etc.). — 1751-52. [Chaps. 113-115.]

CHAPTER 113.

Legislative
Records of the
Council, xix.,
405. Mass.
Archives,
Ixxiv., 54.

House Jour-
nal, pp. 48, 81,
86, 94, 97, 99.
Ante, p. 384,
Chap. 308.

ORDER ALLOWING £52. 7. 6 TO EDWARD EVELETH, ESQ''.

Ordered that the Sum of fifty two pounds Seven Shillings and
Six pence be granted and allowed to be paid out of the publick
Treasury to Edward Eveleth Esq"" in full for Wages due to him for
his Service at Cape Breton as Lieutenant Colonel during the Term
of thirty Nine Weeks and two Days. \^Passed January 14.

CHAPTER 114.

Legislative
Records of the
Council, xix.,
405. Mass.
Archives,
xviii., 814.

Mass.
Archives,
xviii., 813.
House Jour-
nal, pp. 31, 38,

VOTE ALLOAVING £2. 19. 9 TO JOS. BASCOMB, ADMINISTRATOR.

A Petitioj^ of Joseph Bascomb Administrator of the Estate of
Jonathan Clary late of Brookfield Dec*^ shewing that the said Clary
was in the Service of this Province in the Expedition against Cape
Breton, that his Wages were by the Comm**^® of War paid into the
hands of John Bell Clerk of the Company that upon the intima-
tion of this Court, the Petitioner has pursued the said Bell in the
Law at Considerable Charge, but without Effect, therefore praying
that this Court would order Payment of the said Wages, into the
Petitioners hands as also his Costs in prosecuting the said Bell.

[Read &]

Voted that the jDeti' be allowed out of the Publick Treasury the
sum of Two pounds Nineteen shill'^s & 9'^ in full Consideration for
the wages due to the S'' Jon-'' Clary dec'' the said sum to be Improvd
for his heirs According to Law. \^Passed January 14.

CHAPTER 115.

VOTE INVESTING THE ENGLISH INHABITANTS OF STOCKBRIDGE WITH
ALL THE POWERS AND PRIVILEGES BELONGING BY LAW TO PRE-
CINCTS.

Legislative
Records of the
Council, xix.,
406. Mass.
Archives,
cxvi., 1.52.

Mass.
Archives,
cxvi., 151.
House Jour-
nal, pp. 8-2, 97.
Ante, p. 326,
chap. 164.

A Petition of Timothy Woodbridge, Samuel Brown, Josiah
Jones, & Joseph Woodbridge English Inhabitants of Stockbridge,
shewing that they with a few otlier English Families, are incorpo-
rated with the Lidians which render their Circumstances difficult,
therefore praying that the English Inhabitants may be impowered
by this Court to grant, assess & Collect such Taxes as may be neces-
sary to defray the publick Charges arising among them.

[Read and]

Voted that the prayer of the petition be so granted that The In-
habitants of the Town of Stockbridge in the County of Hampshire
exclusive of the Indian Inhabitants of s"^ Town be & hereby are in-
vested w**" all powers and Authority w'^'' precincts by Law are Invested
with for the purpose of granting assessing & Collecting Moneys to
be p'' by said Inhabitants exclusive of the Indians *& that Epharem
Williams Esq"' be appointed to Call the first meeting for y*^ purposes
afores*^. {^Passed January 14.

[3d Sess.] Province Laws (^Resolves, etc). — 1751-52. 585

CHAPTER 116.

VOTE CALLING A TOWN MEETING OF THE PROPRIETORS OF FALL TOWN
AND APPOINTING A COMMITTEE TO INQUIRE AS TO FULFILMENT OF
CONDITIONS OF GRANTS THEREIN.

A Petition of Ebenezer Shelden, Caleb Chapin & others, Pro- Legislative
prietors of the Plantation called Fail Town, shewing that they counS xL*!!®
chose a Proprietors Clerk, expecting that he would serve, which ^^p,,f^g|®'
his refusal to do has put them under Difficultys for calling another cxvi., 159!
Meeting, praying for the Aid of this Court. Mass.

Read & i-|f -;

Voted that Ebenezer Sheldon be impowerd and directed on Appli- House Jour-
cation to him made in writing by any five of the proprietors of said ae. '^^'' ' '
Township, to notify a meeting of said Proprie" by posting up a Notifi-
cation in some publick Place in said Fall Town, & in the Town of
Deerfield, Twenty Days before the Time set for holding said meet-
ing, mention^ in said Notification, The Time, Place & business of
said meeting And whereas no Acco' has been return'd to this Court,
of those who have, not fullfill'd the Conditions of their Grants in
said Township

Voted ih'At Oliver Partridge & Jos: Hawley Esq" be a Comm'^^
appointed; as soon as may be, at the Charge of the Proprietors to
Examine, & make Enquiry, who have & who have not fullfilld and
performd the Conditions of their grants, & make report to this
Court. [^Passed January 14.

CHAPTER 117.

ORDER GRANTING TO PETER GROVES LICENCE TO RETAIL SPIRITUOUS

LIQUORS.

A Petition of Peter Groves of Beverly in the County of Essex, Legislative
shewing that being concerned in the Fishery he is obliged to supply couucn^ xix!^^
the Fishermen with sucli Quantities of Rum, & that he may not bo w. Mass.
exposed to the Penalty of tlie Law in that Case, praying that the cxix., 5-22'.
Court of General Sessions of the Peace for said County may be im- Mass.
powered to grant him a Licence to retail Rum. ^xTx^^sli'

Read and House Jour-

Ordered that the Justices of Gen' Sessions of the Peace for the °*'P'
County of Essex be impowered to grant the Pef a Licence to retail
strong Liquors »&c (He first obtaining the approbation of the Select
Men of the Town of Beverly for that purpose) if they See cause,
the stated time for granting Licences being elapsed notwithstand-
ing. \_Passed January 16.

586

Province LA^Ys(Besolves,etc.). — 1751-52. [Chaps. 118, 119.]

CHAPTEK 118.

ORDER IMPOWERING JUSTICES OF COURT OF GENERAL SESSIONS TO
ACCEPT BOND OF STEPHEN HIGGINSON & CO.

Legislative
Records of the
Council, xix.,
407. Mass.
Archives,
cxix., 520.

House Jour-
nal, p. 103.

A Petition of Stephen Higginson & Company shewing that they
have for divers Years hist Past been licenced to sell strong Drink by
retail in the Town of Salem, & the last Summer were approbated by
the Select Men, but thro forgetfulness omitted to give Bond, pray-
ing that the Court of General Sessions of the Peace for the said
County now sitting may be impowered to take their recognizance

Eead and in Answer hereto

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Essex be impowered to take Eecognizance of the
Petitioner according to Law the Stated time therefor being elapsed
notwithstanding. [Passed Januai^y 16.

CHAPTER 119.

ORDER IMPOWERING THE MINOR CHILDREN OF ROBERT HARRIS TO
CHOOSE A GUARDIAN OR GUARDIANS.

Legislative
Records of the
Council, xix.,

408. Mass.
Archives,
xviii., ^49.

Mass.
Archives,
xviii., 848.
House Jour-
nal, pp.93, 102.
Province
Laws, ii., 151,
chap. 10.

A Petition of Sarah Branham Wife & Attorney to Francis Bran-
ham, setting forth that her Father Kobert Harris late of Boston dec''
left three Children two of which were under Age, & now are but
fourteen Years Old & that her Husband has been Guardian of them
hitherto, but as he is now out of the Province & not likely soon
to return, & that the Estate of her late Father is in a ruinous Con-
dition, praying this Court to impower the said Minors, to choose
new Guardians & to impower such Guardians with the Petitioner,
(who had the Power from her Husband) to make Sale of the real
Estate of the said Harris for the Bennefit of said Minors

Read and

Ordered that the Prayer of this Petition be so far granted as that
the present Guardian Francis Bramham is hereby sett aside, and the
said Robert Harris and William Harris the Minors are hereby Im-
powered to Choose a new Guardian or Guardians in his room and
stead. And the Judge of Probate for the County of Suffolk is
hereby Impowered to appoint and authorize such as they shall
Choose, and the said Guardian or Guardians when so appointed
and authorized are hereby Impowered together with the said Sarah
to make sale of the Premisses within mentioned, and to make and
execute a good Deed or Deeds of the same: They observing the
directions of the Law respecting the Sale of Intestate Estates, and
giving sufficient Security to the Judge of Probate for the County
of Suffolk to apply the produce of such Sale according to Law.
[Passed January 16.

[3d Sess.] Province Laws {Besolves, etc.). — 1751-52. 587

CHAPTER 120.

ORDER ALLOWING £14. 13. 8 TO JOHN KELLEY.

A Petition of John Kellog [Kelley] late a Soldier in the Service Legislative
of this Province in the Expedition against Cape Breton, shewing that councu^ ^i\^^
there are still AVages due to him, upon the Muster Poll of Capt. Animi ^os. Mass.* "'
Ruhamah Cutter, praying that this Court would please to order the ^^xiv.III'.

Payment thereof out of the publick Treasury MassT

Eead and

Ordered that the Sum of fourteen pounds thirteen Shillings and
Eight pence Lawful Money be allowed the Memorialist in full Con-
sideration for his Services within mentioned. [^Passed January 16.

CHAPTER 121.

ORDER granting TO W^ DUDLEY ATKINS LICENCE TO RETAIL SPIR-
ITUOUS LIQUORS.

A Petition of William Dudley Atkins [of Xewbury] ' shewing Legislative
that since the Time for granting Licences for retailing strong councf f xLk!'^
Liquors in the County of Essex the Petitioner has erected & fur- 409. Mass.
nished a Still House in said Town, and for as much as it may be cxix-.W.
for the Benefit of others as well as himself, that he should have Mass. "

Liberty to retail, therefore praying that the Court of General Ses- ^-/5?^^504'
sions of the Peace for the County of Essex may be impowered to
grant him a Licence, to retail strong Liquors at their present Session.

Read and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Essex be impowered to Grant the Pet" a Licence to
retail strong Liquors &c at their present Session, if they See cause
for the Ensuing Year the stated time for granting Licences being
elapsed notwithstanding.'^ \^Passed January 17.

CHAPTER 122.

ORDER REFERRING THE PET^ OF THE INHABITANTS OF DUXBURY IN
REGARD TO DAMAGE BY CATTLE.

A Petition of the Inhabitants of Duxbury shewing that by Legislative
reason of Sheep & other Cattle feeding in great Numbers on the coundf, xk*^ ,^

Beach call'd Duxbury Beach, there is great Danger that both their ^

Harbour & Meadows will be ruined, therefore praying Leave to House Jour.

1 . . -n-n -1. 4- -4. Jr J o nal,pp.64, 103.

bring m a Bill to prevent it.

Read &

Ordered that this Petition be refer'd to the second Wesdnesday
of the next sitting of this Court for further Consideration. \^Passed
January 17.

1 Inserted from Mass. Archives, cxix., 324.
- Not found in the House Journal.

588

Province 1a aw^ {Resolves, etc.) . — 1751-52. [Chaps. 123-125.]

CHAPTER 123

ORDER ALLOWING £2 TO MOSES GARFIELD.

Legislative
Records of the
Council, xix.,
409. Mass.
Archives,
Ixxiv., 50.

Mass.
Arcliives,
Ixxiv., 50.
House Jour-
nal, pp. 92, 105.

A Petition of Moses Garfield praying for some Allowance from
this Court in Consideration of Wounds he received from the Indian
Enemy in the Year 1747, while he was in the publick Service, by
which he is much Disabled

Read and

Ordered that the Pef be allowed out of the publick Treasury two
pounds Lawful Money for his present Relief, [Passed January 18.

CHAPTER 124.

Legislative
Records of the
Council, xix.,
410. Mass.
Archives,
cxix., 527.

Mass.
Archives,
cxix., 52t), 528.
House Jour-
nal, pp. 99, 107.

ORDER ON THE MEM^- OF WILL-^' WILLIAMS, FARMER OF EXCISE FOR
HAMPSHIRE CO., FOR AN ABATEMENT OF AMOUNT DUE TREASURY.

A Memorial of William Williams Esq'' shewing that he was
admitted a Farmer of the Duties of Excise for the County of
Hampshire in the Year 1749 at which Time the Towns of Suffield,
Somers & Enfield were reputed as part of the said County, & it
was expected that duty would be paid in those Towns, but soon
after the Memorialists Agreement, they disowned the Authority
of this Governm' & were claimed by Connecticut as part of that
Colony so that the Memorialist has been deprived of the Excise
of these Towns for the Year 1750, which is one fifth part of the
whole Sum he agreed for; Praying an abatem' proportionable to
the said Deficiency

Read and in Answer

Ordered that the Treasurer be directed not to call on the Pef for
Seventeen pounds Six shillings and Eight pence until the further
Order of this Court. [Passed January 20.

CHAPTER 125.

ORDER IMPOWERING EDW" WASHBURN TO PROSECUTE AN APPEAL.

Legislative
Records of the
Council, xix.,
411. Mass.
Archives,
xliii., 445.

House Jour-
nal, pp. 22,23,
44, 56, 109.
Ante, p. 554,
chap. 43.

On THE Petition of Edward Washburn, [ante, p. 554, chap. 43]

[Report]

Read & Accepted, And the Pef is impowered to prosecute his
said Appeal at the next Court of Gen' Sessions of the Peace to be
held within & for the County of Plimouth, Provided he [give] '
Bond in due form of Law within 30 days from this time to prose-
cute his said Appeal to Effect. [Passed January 21.

^ MS. mutilated. Inserted from Legislative Records of the Council, xix., 411.

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 589

CHAPTER 126.

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON THE APPOINT-
MENT OF A FARMER OF EXCISE FOR THE COUNTY OF WORCESTER.

The Comittee Appointed by This Hon^^ Court in June Last to Legislative
farm out the Excise on Spirituous Liquors &c' in the County of council^, xl*!',*'
AYorcester having Attended that Service and after due Publication ^j^- ,,i^^'^s^^-
made of time & place of Meeting did Let to farm the Said Excise cxix., 53o'a.
to M' Duncan Campbell of Oxford for Two hundred thirty three House Jour-
pounds Six shillings & Eight pence Lawfull mony for one year to ^nte,'-^%m,
comonce the 29*^^ day of Last June, And have taken his bond with chap'. 36.
Suretys to pay the Same to y*^ province Treasurer and have Lodged
the Bond with the Hon''' W" Eoye Esqr

Jan''y 9. 1752 Which is humbly Submitted

^ J Chandler

Nahum Ward \- Com''^

Joseph Wilder Jun*
Eead and Accepted, \^Passed Jamiary 21.

CHAPTER 127.

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON THE APPOINT-
MENT OF A FARMER OF EXCISE FOR THE COUNTY OF MIDDLESEX.

The Committe Appointed by this Court to Let out to Farm the Legislative
Excise on Spirituous Licquers &c for the County of Middlesex have councif, xix.',^
Attended that Service and have let to farm the Said Excise to Elisha Arciii'^vis^'
Jones of Weston for the Sum of Five hundred Ninty pounds thir- cxix., s-io.
teen Shillings and four pence Lawfull Money for one Year to Com- House Jour-
mince from the twenty-ninth Day of June One thousand Seventeen ^ntel'-ph^'i,
hundred fivety one and have taken his Bond with Surtys for the chap. 34.
Same payable to the province Treasurer and have lodg'd Said Bond
with him the Said Treasurer

Which is humbly Submitted Ezek : Cheever j? order
Ocf 3*1^ 1751

Read & accepted. [^Passed January 21.

CHAPTER 128.

order directing the treasurer to GIVE AN ACCO^ OF THE STATE Legislative

OF THE TREASURY. Counc'if xLk^*'

41-2.

Ordered that the Treasurer be directed to comply with the Order Legisiati^
of this Court of the thirty first of December last with respect to ^^f°cn'^- "',''
the State of the Treasury &c. forthwith, Any other Bussiness relat- 39i. House '
ing to his Office Notwithstanding. \_Passed January 22. 'I^^v^bn,

chap. 88.

590

Province Laws (i^esofoes, e^c). — 1751-52. [Chaps. 129-131.]

Legislative
Records of the
Council, xix.,
412. Mass.
Archives,
xlvii., 349.

Province
Laws, iii., 663,
note. House
Journal, p. 110.

Legislative
Records of the
Council, xix.,
31)3. Mass.
Archives,
xliii., 524.

Mass.
Archives,
xliii., 516-.523.
Legislative
Records of the
Council, xix.,
412. House
Journal, pp.75,
107, 113.

CHAPTER 129.

ORDER FOR PRINT" THE ACT OF PARLIAMENT RELATING TO THE COM-
MENCEM'i' OF THE YEAR.

Ordered that the Act of Parliament pass'd in the twenty fourth
Year of his present Majestys Reign, entitled An Act for Regulating
the Commencement of the Year & for Correcting the Calender now
in Use, be printed & bound up with the Laws of this Province for
the better Information of the Inhabitants thereof; & that it be
recorded in the Secretarys Office in the Book of Laws. \^Passed
January 22.

CHAPTER 130.

ORDER IMPOWERING FOSTER HUTCHINSON TO ENTER AN APPEAL.

A Petition of Foster Hutchinson of Boston Merchant shewing
that he was sued at the Inferiour Court of Common Pleas for the
County of Middlesex by Caleb Trowbridge, upon a Note under
Hand, that Judgment went against him, from which he appealed
to the next Superiour Court, but His Attorney neglected to enter
his Appeal, by which Means Judgment went against him, praying
that he may be allowed to bring his Action of Review to the next
Superiour Court in the same Manner as if he had had a Trial of
His Appeal

Read &

Ordered that the prayer of the Petition be so far granted as that
the Pef be & hereby is enabled to Enter his Appeal at the next
Superiour Court to be holden at Charlestown within t& for the
County of Middlesex on the last Tuesday of January Curr' And
the s** Court are hereby enabled to hear & try said Cause by a Jury,
to make up Judgment & Award Execution thereuiDon, the former
Judgment at the said Superiour Court Notwithstanding, provided
the Pef notifie the said Caleb Trowbridge of this Order forthwith,
\Pa8sed January 22.

CHAPTER 131.

ORDER ALLOWING £3. 4 TO JN" DAVIS.

Legislative
Records of the
Council, xix.,
413. Mass.
Archives,
lxxiv.,53.

Mass.
Archives,
Ixxiv., 52.
House Jour-
nal, pp. 98, HI.

A Petition of John Davis of Lynn, shewing that while he was
in the Service of this Province, on the Eastern Frontiers, under
the Command of Capt Alexander he was wounded in the Hand by
the Indians, whereby he is much disabled from Labour, praying
for an Allowance from this Court.

Read and

Ordered that the Sum of three pounds four Shillings be allowed
out of the Treasury to Jonathan Waite of Lynn for the Use of the
Petitioner in Answer to this Petition. \^Passed January 22.

[oD Sess.] Province JjAws {Besolues, etc.) . — 1751-52. 591

CHAPTER 132.

ORDER GRANTING TO URIAH MORSE LICENCE TO SELL SPIRITUOUS

LIQUORS.

A Petition of Uriah Morse of Medway iu the County of Suffolk, R^ford"^* ^h
shewing that he has kept a Tavern in said Town, for ten Years past council, xix.,
that thro' some Disappointments he miss'd of taking out his Licence, ArchfvlsTcxi.,
praying that the Court of General Sessions of the Peace for said ^^

County may be impowered to grant his Licence at their next sitting House Jour-
by Adjournm' na,p.

Read and

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Suffolk be allowed and impowered to grant the Pef
a Licence to Sell strong Liquors &c at their adjournment if they See
cause, the stated time for granting Licences being elajDsed notwith-
standing. [Passed January 22.

CHAPTER 133.

ORDER ALLOWING £97. 3. 1 TO JABEZ FOX, ESQ«.

A Memorial of Jabez Fox of Falmouth Esq"" shewing that during Legislative
the late War for divers Years, he served this Governm* as Sub. Com- counclf, xixl'^
missary on the Eastern Frontiers & has as yet received no Consid- 4i3. Mass.
eration for the Storage of Provision Amunition, Snow Shoes, Care ixxiv.,5i.'
of the Whale Boats & other Service in said Office, praying for some House Jour-
suitable Allowance from this Court. nai, pp. 99, io9.

Read and

Ordered that the Prayer of this Pe*" be so far granted, as that
there be allowed to be paid out of the publick Treasury to the
Petitioner the Sum of Ninety Seven pounds three Shillings and
One penny in full Consideration for his Services &c abovemen-
tioned. [Passed January 22.

CHAPTER 134.

ORDER IMPOWERING THE COMMITTEE ON SALE OF PROVINCE LANDS
TO EXECUTE A DEED TO JN" ERVING, ESQ".

A Petition of John Erving of Boston Esq^ shewing that he has Legislative
purchased of a Comm*"'' of this Court a large Tract of Land border- coiincif *xix?^
ing on Road Town under Conditions of settling a number of Families 4u. Mass.
thereon, & whereas the Delay of confirming his right is likely to cx'vi., m!

prejudice his settling of it, therefore praying that this Court would Mass.
direct & impower said Comm"'^ to give him a Deed of said Land ^x^^f'^i^g'
upon his ffivino- Sufficient Security to perform the said Conditions. House Jour-

-D 1 1 J ir nal, p. 111.

Read and Ante, p. 5i6,

Ordered that the Prayer of the Petition be granted and that the p'g^Vchip u
Committee aforesaid be and hereby [are] ^ impower'd to give and
execute unto the Petitioner a good Deed of the Said Lands accord-
ingly. [Passed January 22.

1 Inserted from Legislative Records of the Council, xix., 414.

592

Province Laws (^Resolves, etc.). — 1751-52. [Chaps. 135-137.]

Legislative
Records of the
Council, xix.,
415. Mass.
Archives,
cxvi., 126.

Legislative
Records of the
Council, xix.,
349,376. House
Journal, pp. 14,
56, 67, 68, 114.
Province
Laws, xii., 199,
chap. 172.

CHAPTER 135

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION
OF THE FIRST PARISH OF METHUEN.

The Comm'^'^'^ to whom was refer'd the Petition of Eobert Swan
& Eich"^ Whittier a Comm'"'^ for the first Parish in Methuen having
met & considered the Same find that some Time after the Town of
Methuen was by an Act of this Court made 2 Parishes, the late Line
between the Massachusets «& New Hampshire lias taken off from the
new Parish all the Inhabitants but fourteen & most of the Lands,
we are therefore of Opinion that the said new Parish in Methuen
ceaced to be a Parish from that Time : All which is humbly sub-
mitted Per Order of the Com*^'^ Ja® Minot

Eead &

Ordered that this Eeport be & hereby is Accepted.
January 23.

[Passed

CHAPTER 136.

VOTE APPOINTING A COMMITTEE ON THE CLAIM OF SCHAGHTICOKE
INDIANS TO CERTAIN LANDS.

Legislative
Records of the
Council, xix.,
416. Mass.
Archives,
xxxii., 196.

Mass.
Archives,
xxxii., 194.
House Jour-
nal, pp. 99, 113.

A Letter from Capt" Ephraim Williams Commander of Fort
Massachusetts to His Honour the Lieuten* Governour, informing
him that a Number of Scatacook Ind"^ had been at that Fort, &
made Claim to the Land where it stands, & to a great Quantity of
Land in that part of the Country, that he expected them again
upon the same Errand desiring the Orders of the Governm' how to
Conduct himself in such Case

Eead and

Voted that Col° Lydius of the City of Albany together with the
within named Cap' Ephraim Williams be desired to make thorough
Enquiry respecting the Indian Title to said lands. Whether they
belong to Said Scauticook Indians or other Indians living near Hud-
sou's Eiver, or at Stockbridge And Eeport thereon to this Court
as soon as may be. \^Passed January 23,

CHAPTER 137.

Legislative
Records of the
Council, xix.,
41.1. Mass.
Archives,
xviii., 8.'i2.

Mass.
Archives,
xviii., 851.
Legislative
Records of the
Council, xix.,
418. Province
Laws, ii., 1,51,
chap. 10.

ORDER IMPOWERING SOL. KNEELAND, GUARDIAN, TO SELL LAND.

A Petition of Solomon Kneeland Guardian to Katharine Phips
a minor Daughter to Samuel Phijjs late of Charlestown dec'^ shew-
ing that the Income of her Estate is not sufficient for lier Main-
tenance & that there is a small Peice of Land of the quantity of
about an Acre belonging to the said Estate which may be sold with
least Prejudice, praying that he may be impowered to sell the said
Acre of Land for the Purpose afores**

Eead &

Ordered that the Prayer of the Petition be granted & the Pef is
allowed »& impowered, in his said Capacity, to make Sale of the said

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 593

Katherine's Eight & Interest in the Peice of Land within mentioned,
& to execute in due form of Law a Deed for Conveyance thereof to
such Persons as shall give most for the same, Provided, before such
Sale be made, the Pef observe the Directions of the Province Law,
pass'd in the B*'' Year of his late Majesty King George the first,
relating to Executors or Administrators Sale of real Estates, & give
sufficient Security to the Judge of Probate for the County of Mid-
dlesex for the faithful Discharge of his Trust & applying the Produce
of the Premisses for the Purposes mentioned in the Petition & pur-
suant to Law.' \^Passed January 23.

CHAPTER 138.

VOTE ALLOWING £1,500 TO MR AGENT BOLLAN FOR SERVICES.

Voted that the Sum of fifteen hundred pounds Sterling be granted Recofdfof the
and paid out of the publick Treasury to M'' Agent Bollan for his council, xix.,
Service in Solliciting the reimbursment of the Charges that this Archives^.^xxi.,

Government were at, in the Eeduction of Cape Briton, to be paid ^

out of the next Supply Bill. ^Passed January 25. naTTiiT"^"

CHAPTER 139.

ORDER FOR REMITTING £500 TO M" AGENT BOLLAN.

Whereas the Treasurer of this Province in February last was Legislative
Ordered to Transmitt to M"- Agent Bollan five hundred pounds councu, x^ix'',^
sterling in order to Enable him to Manage the publick Affairs of ^^chi^ves^xxi
this Province at the Court of Great Britain. And the Treasurer 45.

having not yet done it House Jour-

Ordered that the Hon'^''' Thomas Hubbard Esq^ Speaker of the XV,'p"492,
House be desir'd to purchase a Bill of Exchange for the sum afore- chap- 212-
said and forthwith remitt the Same to the said M'' Bollan for the
purpose aforesaid And that the Committee Who shall be Chosen
on the Supply Bill give their Notes for the Sum so borrowed of the
Lender to pay him or Order the Sum so borrowed in two years with
Lawful Interest for the same yearly until paid. {^Passed January 25.

CHAPTER 140.

ORDER OF NOTICE ON THE REMONSTRANCE OF DORCHESTER AGAINST
LIABILITY FOR REPAIRS TO NEPONSET BRIDGE.

A Remonstrance of Capt Robert Spur & others a Comm""" for Legislative
the Town of Dorchester setting forth that y-^ said Town is pre- coSnc'if, x'x^,®
sented by the Grand Jury for the County of Suffolk, to the Court 423 Mass.

*' "^ »/ ' A.rciiivGS

of General Sessions of the Peace for the said County, now held cxxi., 279.

' Not found in the House Journal.

591

Province Ijaw^ {Resolves, etc.). — 1751-52. [Chaps. 141-143.]

Mass.
Archives,
cxxi., 276-279.
House Jour-
nal, pp. 115, 116.

at Boston for their not keeping in Repair the great Bridge over
Nepouset Eiver, & for for ' as much as the said Bridge never was
accounted to belong to the Town of Dorchester to repair, the In-
habitants not having near so much Benefit by it, as many other
Towns in this & other Counties, & the said Bridge being in reality
a County Bridge, the said Town cannot have an impartial Trial
both Justices & Juries being Parties in the Case, & therefore pray-
ing that this Court would provide Releif for the said Town & in
the mean Time Stop prosecution.

Read and

Ordered that the Pef' Notifye the several Towns in the County
of Suffolk by Inserting the Substance of this Remonstrance in the
publick Prints three Weeks Successively and this Order thereon that
so they may 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 and all Proceedings on the Presentment are staid in y®
mean time. \^Passed January 25."^

CHAPTER 141.

ORDER ALLOWING £750 TO THE JUSTICES OF THE SUPERIOR COURT OF

JUDICATURE.

Legislative
Records of the
Council, xix.,
419. Mass.
Archives,
xliii., 528.

House Jour-
nal, p. 113a.

Ordered that the Sum of Seven Hundred and fifty pounds be paid
out of the publick Treasury to the honourable the Justices of his
Majesty's Superiour Court of Judicature Court of Assize and Gen-
eral Goal Delivery, for their Service for one Year ending the first
of January Instant. \^Passed January 27.

CHAPTER 142

Legislative
Records of the
Council, xix.,
419.

House Jour-
nal, p. 113f.
Infra, chap.
143.

ORDER ALLOWING £25 TO THE SEC^ OF THE PROVINCE.

Ordered that the Sum of Twenty five Pounds be allowed & paid
out of the publick Treasury to Josiah Willard Esq'' Secretary of this
Province in full for his Service for one Year ending the 'd^ Day of
December last. [^Passed January 27.

CHAPTER 143.

ORDER ALLOWING £120 ADDITIONAL TO THE SECRETARY.

Legislative
Records of the
Council, xix.,
419.

House Jour-
nal, p. 113".
Supra, chap.
142.

Ordered that the Sum of One hundred & twenty Pounds be
granted & allowed to be paid out of the publick Treasury to
Josiah Willard Esq'' Secretary &c. in Consideration of his Ex-
traordinary Service to the third day of December last. [Passed
January 27.

» Sic.

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

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 595

CHAPTEE 144.

ORDER ALLOWING £250 TO THE PRESIDE OF HARVARD COLLEGE.

Ordered that the Sum of Two hundred and fifty pounds be Legislative
granted and allowed to be paid out of the Publick Treasury to couSxix!!^
the Reverend Edward Holyoke, President of Harvard College, ^la Mass.
over and above the Rents of the Massachusetts Hall for one Year iviii., 371.'
ending the tenth of Sep*^ next to be paid quarterly. {^Passed Jan- House Jour.
uarij 27. "^^i- »• "3'-

CHAPTER 145.

ORDER ALLOWING £186. 13. 4 TO THE PROVINCE TREASURER.

Ordered that the Sum of One hundred & eighty six Pounds thir- Legislative
teen shillings & four pence be granted & allowed to be paid out of councif.xix!',^

the publick Treasury to William Foye Esq"' Treasurer & Receiver '^]^

General of His Majestys Revenues of this Province, for one Year House Jour-
ending the second Day of January last. [Passed Jamcary 27. ° 'P-

CHAPTER 146.

ORDER ALLOWING 1/ 4 PER DIEM TO THE SPEAKER OF THE HOUSE.

Ordered that there be granted and allowed to be paid out of the Legislative
publick Treasury the Sum of One Shilling and four pence p'' diem coum-if. x*i x-^f
to the Honourable Thomas Hubbard Esq"' Speaker of the House, 4i9. Mass.
for every day of his attendance in the General Court from the xiix., 329.'
Opening of the Sessions on the 29''" of May 1751 over and above House Jour-
his pay as a Member of the House. [Passed January 27. °^*' P' ^^^'

CHAPTER 147.

ORDER ALLOWING £80 TO THE CLERK OF THE HOUSE.

Ordered that there be granted & allowed to be paid out of the Legislative
publick Treasury to Rowland Cotton Esq-" Clerk of the House the gounclf, xlx*!^

Sum of Eighty Pounds for his Service in that Trust the present ^

Year. [Passed January 27. House Jour-

■- -^ nal, p. 113a.

CHAPTER 148.

ORDER ALLOWING £100 TO THE PROFESS^ OF DIVINITY AT HARVARD

COLLEGE.

Ordered, That there be granted and allowed to be paid out of the Legislative
Publick Treasury to the Reverend D"- Edward Wigglesworth, Hoi- counc*if,x*ix!!®

596

Province Laws {Resolves^ etc.). — 1751-52. [Chaps. 149-152.]

Mass.
Archives,
Iviii., 371.

House Jour-
nal, p. 113>.

lisian professor of Divinity at Harvard College in Cambridge, the
Sum of One hundred pounds as a Gratuity, in Consideration of his
faithfull discharge of that great and Important trust reposed in
him, and for his further Encouragement therein. [Passed Jan-
uary 27.

CHAPTER 149.

ORDER ALLOWING £60 TO THE PROFESS^ OF MATHEMAT^s AT HARVARD

COLLEGE.

R^cordsot^the Ordered, that there be granted, and allowed to be paid out of the
Council, xix., publick Treasury to John Winthrop Esq"' Hollisian professor of the
Archives?' Mathcmaticks at Harvard College in Cambridge the Sum of Sixty
iTjii., 370. pounds as a Gratuity, in Consideration of his faithfull discharge

House Jour- of that trust reposcd in him, and for his further Encouragement
therein. \_Passed January 27.

nal, pp. 113a,
114a.

CHAPTER 150.

ORDER ALLOWING £15 TO THE CHAPLAINS OF THE GEN^- COURT.

Legislative
Records of the
Council, xix.,

420. 3Iass.
Archives, xiii.,
289.

House Jour-
nal, p. 114a.

Ordered, That there be allowed and paid out of the Publick
Treasury the Sum of fifteen pounds One half to the Reverend
Chaplain of the Honourable Board the present Year, the Other
half to the Reverend Ellis Gray the Chaplain of the House, for
their respective Services the present Year. [Passed January 27.

CHAPTER 151.

ORDER ALLOWING £80 TO THE DOOR KEEPER.

Legislative
Records of the
Council, xix.,
420.

House Jour,
nal, p. 114a.

Ordered that there be granted & allowed to be paid out of the
publick Treasury the Sum of Eighty Pounds to M'' William Baker
Door keeper to his Excy the Governour & this Court in full for
his Service for one Year. [Passed January 27.

CHAPTER 152.

Legislative
Records of the
Council, xix.,
420. Mass.
Archives, xiii.,
290.

House Jour,
nal, p. 114a.

ORDER ALLOWING £40 TO THE CHAPLAIN OF THE CASTLE.

Ordered That there be granted and allowed to be paid out of the
publick Treasury to M' John Phillips Chaplain of his Majestys Castle
William, the Sum of forty pounds as a Gratuity, for his Service in
that Trust for the present Year. [Passed January 27.

[2d Sess.] Province Laws {Resolves, etc.). — 1751-52. 597

CHAPTER 153.

ORDER ALLOWING £160 TO THE COMMISS'' GENERAL.

Ordered that there be granted & allowed to be paid out of the Legislative
publick Treasury the Sum of One hundred & sixty Pounds to John councff, xii?)^

Wheelwright Esq'' Commissary General for his Service in that Office ^J^

for one Year. \ Passed January 27. House Jour-

L -' nal, p. 114a.

CHAPTER 154.

ORDER IMPOWERING PETER & SARAH LAWRENCE, INDIANS, TO SELL

LAND.

A Petition of Peter Lawrence «& Sarah his Wife of Grafton Legislative
Indians, shewing that the said Sarah & her Sister Mary Tom hold cou^THf, xi^!!^
in equal Shares a Tract of Land lying in Natick containing about ^21 Mass.
Thirty six Acres, which desended to them from their Uncle, and xviii., sis'.
for as much as the Petitioners are well scituated in Grafton afore- Mass.
said, therefore praying for Liberty from this Court to sell the said xvui^^sn'
Sarahs part of the said Laud, the produce thereof to be laid out Legislative
for their Comfortable Living: A Certificate' of the approba- council^ xvm.^

tion of the Guardians of the Grafton Indians being adjoined ^•

Read &

Ordered that the Prayer of the Petition be granted & the Pet"
are allowed & impowered with the Assistance of the Guardians of
the Natick Indians to sell their part of the thirty six Acres of Land
within mentioned, & to execute in due form of Law a Deed for the
Conveyance thereof, & that the Produce thereof be applied to the
purposes mentioned in the Petition as the Guardians of the Indians
at Hassanamisco shall advise.' \^Passed January 27.^

CHAPTER 155.

VOTE ALLOWING £30 FOR PRESENTS TO THE INDIANS AT STOCKBRIDGE
AND A FURTHER SUM OF £30 FOR THE SACHEMS.

In the House of Rep-^ L'ffls"ofthe

Whereas the Committee appointed to Manage the Affairs of the couMii, xix.,
Six Nations of Indians have represented to this House, that upon ArchivesT'
the Encouragment of the Government there are already come down xxxn., •234--236.
to Stockbridge a considerable Number of Indians AVho were not at ^jj]"^® ffy"''"
first expected, and others are on the Road, even as far as from Sus- ^nie,p-504,
quehannah River, and with an Intent to Settle within this Province, p'l'ter.'chap. 74.
Therefore

^ We the Subscribers Guardians to the Grafton Indians hereby Certifie that Peter Law-
rance & his wife Live in English fashion that they have a family of Likely Children who
appear in English fashion and that if the Lands above pray'd for to be sold were Granted
& the mony prudently laid out it would be of Real service to them & we humbly apprehend
it is very necessary

John Chandler ] Trustees of the
Edwd Baker J Grafton Indians
— Mass. Archives, xviii., 817.

- Not found in the House Journal.

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 28.

598

Province Laws ( Resolves, etc.'). — 1751-52. [ Chap . 156.]

Voted that a Sum not exceeding Thirty pounds be granted and
paid out of the publick Treasury to the Committee aforesaid, to be
given by them in Such Presents as they Judge best, to those Indians
that are lately come from Susquehanah and to the Onientaus and
Tuscororas Who are come to Settle within this Province.

And Whereas it may have an happy Tendency to Attach the several
Tribes of Indians at the Westward to the British Interest provided
their Sachems or Chiefs were distiguished from the rest,

Therefore

Voted that a further Sum of thirty pounds be paid out of tlie
Treasury to the Committee aforesaid in order to build two or three
small Houses, or lay it out other ways as shall be most agreable for
the Use of the Coniengee and Onientas Sachems provided they shall
bring their Families and Settle with the other Indians at the West-
ward within this Province

In Council Eead & Concur'd, The Comm'"*" to be Accountable.
In the House of Eepresentatives

Eead & Concurr'd. [Passed January 28.^

CHAPTER 156

Legislative
Eecords of the
Council, xix.,
415. Mass.
Archives,
Ixxiv.,55.

House Jour-
nal, p. 113.

VOTE ESTABLISHING THE WAGES AND SUBSISTENCE OF SOLDIERS AT
THE FORTS AND GARRISONS AND THE OFFICERS AND MEN OF THE
SLOOP MASSACHUSETTS.

Voted that the Establishment of the Several Officers and Soldiers
at the Several Forts and Garrisons on the Eastern & Western Fron-
tiers be as follows Viz

At the Truck House on S* Georges Eiver
Including one Cap*^ one Serj* an Armourer & Sixteen men
At Pemaquid one Serj' & Six men
at Fort George one Serj' & four men

at Eichmond Fort one Leiu* one Corporal one Armourer & twelve
men

at Saco Block House one Leiu' one Corporal & Eight men the
allowance to be as usual (viz) Garrison allowance

at Fort Massachusetts one Cap' one Serj' & thirteen men
at Fort Dummer one Serj' & four men
at Fort N° four one Cap' one Serj' & ten men
The allowance for Billiting at Fort Massachusetts Each man Six
Shillings & Eight pence ^^ Week

at Fort Dummer four Shillings ^'" Week Each man
at Fort N*^ four four Shillings & Eight pence ^^ AVeek Each man
And that the afores** Officers and Soldiers be allowed & paid out
of the Publick Treasury

To Each Cap' the Sum of two Pounds .j)"" Month
To Each Leiu' one Pound ten Shillings & four pence
To Each Serj' one Pound Six Shillings & four pence
To Each Corp" one Pound Six Shillings & three pence
To Each private Cent'' one Pound ^^ Month and that the Muster
Eolls be made up to tlie Twentieth of June next agreeable to this
Establishment Accordingly

Voted also that the Establishment for the sloop in the Service of
the Province be at two Shillings and Eight pence per Tonn ^ month.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 27.

[3d 8ess.] Province Laws {Resolves, etc.). — 1751-52. 599

To the Captain two pounds thirteen Shillings and four pence per
Month.
. To the Mate two pounds Six Shillings and eight pence per month

To four Sailors at one pound Six Shillings and eight pence per
Month

This Establishment to Continue until the third of July 1752.
\^Passed January 28.'

CHAPTER 157.

ORDER REFERRING WITH STAY OF EXECUTION THE PETITION OF JN"

DENNIE.

A Petition of John Dennie of Boston Merchant, shewing that Legislative
John Phillips Esq'' Executor of the last Will & Testament of the council, xix.,
Petitioners Father, John Dennie late of Boston Dec'' recovered Arehu^es^^'
Judgment against him for £812, & Cost, as a Debt from the Peti- xviii.. S4i'.
tioner to his Fathers Estate, & for as much as he will have a Con- Mass.
siderable Sum to receive as his Dividend, out of his Father's Estate, xvm.'\^37-s4o.
therefore praying that the Execution against him may be stayed, Rggordso^the
till the Settlement of his Fathers Estate, that so it may be known councn.xix.,
what is due upon a just Ballance of x\ccompts then to be made up .joiimai'.'pp. 89,

Read And inasmuch as the Parties Seem disposed to accommo- ^^' ^^'^' ^i^-
date the Matter in dispute, which probably will be effected, if they
are allow'd further time for the consideration thereof Therefore

Ordered that the further consideration of the Pet" be referr'd to
next Sitting of this Court; and the Exon within mention'd is Staid
in the mean time ; Provided the Pef" give Sufficient Security to the
Sheriff of the County of Suffolk to pay what Shall be found due
from him on the Settlement of his Father's Estate with lawful In-
terest therefor, from this Day until paid. [Passed January 28.

CHAPTER 158.

VOTE APPOINTING A COM.t^'^ TO BORROW MONEY FOR THE TREAS"'. Legislative

Records of the

This Day being appointed for the Election of a Committee to 42i""Mas8!'''''
borrow a Sum not exceeding Eighteen Thousand six hundred pounds Archives, cii.,

to be applied to discharge the Debts of the Province & defrey the ^ " . , ^. ■

Charges of the Government, pursuant to an Act pass'd for that Pur- Records of the
pose this present Session. ^2i"'^Hou&f ''

Andrew Oliver, Thomas Hubbard Esq" & M' Harrison Gray were '^"^"if'iig
chosen to that Trust by the Major Vote of the Council & House of Province
Representatives. [Passed January 28. dfa^Se!"'^*^'

CHAPTER 159.

ORDER APPOINTING A COMMtee pQR BURNING BILLS OF CREDIT.

In Council Srds'of^the

Ordered that John Osborne Ezek' Lewis Jacob Wendall Dan' council, xix.,
Russell Sam^ Watts Ezek' Chever John Wheelwright and Andrew ArchivesTcu.,

' This date is according to Mass. Archives ; according to Legislative Records of the — '-

Council and the House Journal the date is January 23.

600

Province Laws (^esoZi;es,ete.). — 1751-52. [Chaps. 160-162.]

House Jour-
nal, p. 119.

Oliver Esq" with such as the hoii^'® House shall Join be a

Comitte to take an Account of the Province Bills now in the hands
of the Treasurer, and of such Bills as from time to time shall come
into his hands & Consume them to Ashes & report thereon

In the House of Rep^'"'^^ Eead & Concurr'd & m"" speaker, m''
Allen m'' Tyug, m"" Gray Judge Russell, Coll° Heath, m'' Hunt. &
Coll° Royall are joynd in the affair. [Passed January 28.

CHAPTER 160.

VOTE DIRECTING THE COMM^' GENJ- TO SUPPLY TWO INDIANS FROM
CROWN POINT WITH CLOTHING AND £1. 6. 8 IN MONEY.

LegiBlative
Records of the
Council, xix.,
422. Mass.
Archives,
xxxii., 237.

House Jour-
nal, p. 117.

Voted that the Commisary General be directed to Supply the
Indian & his Wife who lately came from Crownpoint with Cloath-
ing to the value of five pounds 6/ 8 & the further sum of One
pound six sliillings & Eight pence in money in Order to bear their
Expences while Traveling to their Freinds who live in the southern
parts of this Province. [Passed January 28.

CHAPTEE 161

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX

COUNTY.

Legislative
Records of the
Council, xix.,
422. Mass.
Archives,
ccxlviii., 33.

Mass.
Archives,
ccxlviii., 33.
House Jour-
nal, pp. 10, 116.

An Accompt presented by Daniel Appleton Esq' Treasurer of the
County of Essex for the Year 1750. Having been laid before the
Court of General Sessions of the Peace for the s*^ County & by them
allowed.

Read and

Ordered that the within Accompt be allowed and the Ball* thereof
being thirty eight pounds Six Shillings and Eight pence the within
named Treasurer is further accountable to said County for. [Passed
January 28.

CHAPTER 162.

RESOLVE FOR CALL» A MEET" IN THE NEW DISTRICT MADE FROM

SALEM.

Legislative
Records of the
Council, xix.,
422.

Legislative
Records of the
Council, xix.,
413. House
Journal, p. 122.
Province
Laws, ili., .598,
chap. 14.

Whereas by an Act made the present Session of this Court the
Village & middle Parishes in the Town of Salem, are erected into
a seperate District & invested with all the Priviledges that by Law
Towns in this Province enjoy, that of sending a Representative to
this Court only excepted, But no Provision made for the calling of
the first Meeting of the Inhabitants of said new District, Therefore

Resolved that Daniel Epes Esq' upon application to him made for
that Purpose, by five or more of the Inhabitants of said District in
Writing under their Hands, be & hereby is enabled to issue his War-
ant to some one of them, requiring him to warn & give Notice to
said Inhabitants that they meet & assemble together at such Time
& Place & for such Purposes as shall be mentioned in such Applica-
tion, And said Inhabitants so assembled shall have full Power to act

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 601

& Vote as effectually as Towns in ordinary Cases at their Meetings
ordered by their Select Men, according to the Directions of the Law
are impowered to do. {^Passed January 29.

CHAPTER 163.

VOTE THAT COM^ee fOR BURN" PROVINCE BILLS MAKE ENQUIRY FOR
12 BUNDLES OF SMALL BILLS NOT ACCOUNTED FOR.

Voted that the Comm*®® appointed to take an Acco^ of the Prov- Legislative
ince bills now laying in the Treasurers hands & see that they be councif, xixl^
Consumed to Ashes, be directed to make particular Enquiry into 423. Mass.

, , .-*■ L J Archives,

Twelve bundles of small bills, which were in the hands of some of ciii., i.

the signers & not deliverd to the Treasurer 'till very lately, and see House Jour-

that they be Consumed to Ashes also & be particular in their report ^'Jltef p! mv- -

thereon. \_Passed January 29. chap! 159.

CHAPTEE 164.

VOTE DIRECTING PROVINCE TREASURER TO PAY AMOUNTS DUE
SOLDIERS ON MUSTER ROLLS.

Voted that the Province Treasury be & hereby is directed to pay Legislative
to the several Soldiers, the Monies to them respectively due (as councif, xix!!^

enterd in the several Muster Rolls in his Hands, the Foot of which ^^

he has charged the Governm'- with, & since credited them with the House Jour-
Money unpaid) out of the Appropriation for Forts & Garrisons made province '
in the last Supply of the Treasury before this Season & that the J'lfap! is"'* ^'*"'
Treasurer debit the Governm' with the several Sums he shall pay
in Consequence of this Order. [^Passed January 29.

CHAPTER 165. "^^^^

Council, xix.,
42S ISIJiRfi
VOTE ALLOWING £1,000 FOR REPAIRS TO THE LIGHT HOUSE. Archives, '

Ixiv., 470.

Voted that One Thousand pounds be allow'd & paid out of the House Jour-
publick Treasury to the Comm**^^ appointed for the Repairs of the ^Ante,\^'bk,
Lighthouse, & by them to be paid to the several Werkmen employ'd '^^^^- ^^•
in said service The Comm*"^ to be Accountable. \^Passed January 29.

CHAPTER 166.

VOTE ALLOWING £700 TO COMMITTEE ON CASTLE WILLIAM & £310 TO Legislative

COMMITTEE ON PROVINCE HOUSE. Records of the

Council, XIX.,
423.

Voted that Seven hundred Pounds be allowed & paid out of the House Jour-
publick Treasury to the Comm*'''^ for Castle William, & three Hun- 'fnu,'v^^(^,
dred & ten Pounds to the Comm*''® for the. Province House. The chap'. 267;
QQj^-^tees ^Q ]3g accountable. ^Passed January 29. 252. '*^ *^'

602

Pkovince Laws {Resolves, etc.). — 1751-52. [Chaps. 167-169.]

CHAPTEE 167.

Legislative
Records of the
Council, xlx.,
4-23.

House Jour-
nal, pp. 19, 30,
36, 100, 1-20.
Ante, p. 543,
Chap. 12.

VOTE ALLOWING £13. 16. 8 TO COL. PARTRIDGE.

Voted that thirteen Pounds sixteen ' shillings & eight pence be
allowed & paid out of the publick Treasury to Oliver Partridge
Esq'' for his Trouble in taking a Plan of the Province Lands lying
West of Connecticut River, ^Passed January 29.

CHAPTER 168

Legislative
Records of the
Council, xix.,
424. Mass.
Archives, cii.,
674.

House .Jour-
nal, p. 121.
Ante, p. 369,
chap. 265.

VOTE ALLOWING £14. 6 TO ARTHUR SAVAGE.

A Memorial of Arthur Savage of Boston one of the Clerks of
the Com**® appointed by this Court to receive & exchange the Prov-
ince Bills setting forth his Labour & Service & how much it has
exceeded the Allowance made him for the Same, & therefore pray-
ing for an additional Allowance to be made by this Court for the
said Service

Read &

Voted that the Prayer of the Memorial be so far granted as that
the Memorialist be allow'd & paid out of the Publick Treasury the
Sum of fourteen pounds Six Shillings (in addition to what was
allow'd him by the Com*'^'^ of Council) for his Extraordinary ser-
vice in officiate^ as Clerk to the Com''^'^ for Exchanging the Province
Bills. \Passed Jamiary 29.

CHAPTER 169.

VOTE ALLOWING £30 TO LIEUT. JOHN LARRABEE.

Legislative
Records of the
Council, xix.,
424. Mass.
Archives,
Ixxiv., .■)6.

House Jour-
nal, pp. 119, 121.

A Memorial of John Larabee Lieutenant of his Majestys Castle
William & victualler of the Garrison there, shewing that he has been
oWiged in order to supply the said Garrisons with Provisions, to raise
Considerable Sums of Money, part of which he is obliged to pay In-
terest for, part to borrow on Credit & the other part he has disbursed,
praying for Consideration of this Court by making him an Allowance
for such Advance

[Read &]

Voted that the Prayer of the Memorialist be so farr granted as
that the sum of thirty pounds be allowd & paid out of the Publick
Treasury to the memorialist as a Gratuity for his faithfull services,
& for Advanceing Money for the supply of the Garrison. \^Passed
January 29.

* The House Journal, p. 120, reads, '■^ six shillings."

[3d 8ess.] Province Laws {Resolves, etc.). — 1751-52. 603

CHAPTER 170.

ORDER IN REGARD TO SALE OF PROVINCE LANDS NEAR SUNDERLAND.

The Comm''''-'^ to whom was referr'd divers Petitions for Grants of Legislative
Prov'^*' Land lying near Sunderland &c, made a Verbal report thereon, counc'if, xf^!!^

Eead & Accepted And, ^j±.

Ordered that the Lands prayed for be advertized in the pnblick ^^^"^f lo"]"^"
Prints & sold at pnblick Vendue by the Comni"''' appointed by this ^'«ie, p. 550,
Court in June last, for the Sale of Province Land lying Northerly /w/rafciiap.
of Sunderland & adjoining thereto, & partly on Millers River on the ^''^•
Conditions hereafter set forth, viz' the Land prayed for by Thomas
Fairbanks, described by the Plan exhibited with his Petition, con-
taining two tliousand Acres to bo set up at Fifty three Pounds, six
shillings, or eight pence Lawfull Money ^ Acre, & to be [s] truck off
to the liighest Bidder, the Purchaser to pay down ten Dollars, Six
of which to pay the Charge of the Surveyor & chainmen measur-
ing & planing the Same, the remainder arising by the said Sale to
be paid into the Province Treasury within one Year after. The
Purcliaser to settle three Familys on said Land, each of which
to be by him accomodated with a comfortable dwelling House, &
to clear eighteen Acres of Land nine of which for mowing & nine
for Tillage within three Years after the Purchase

That the Purchaser of the Land prayed for by Ezra Haughton
pay down six Dollars four of Avhich to pay the Survey & Plan the
remainder arising by said Sale to be paid into the Treasury within
one Year after the Sale thereof, the Purchaser to build a comfort-
able dwelling House on said Land settle a Family & clear six Acres
of Land within three Years after the Purchase And that the

Purchaser of the Land prayed for by Samuel Pool & William Botel
pay down six Dollars three of which to pay for the charge of the
Survey & Plan the remainder arising by said Sale to be paid into
the Treasury within one Year after the Purchase. [^Passed Jan-
uary 29.

CHAPTER 171.

ORDER INSTRUCTING THE COMM'^^'^ FOR SELL^ PROVINCE LANDS NEAR

SUNDERLAND.

Ordered that the Com""' appointed for the Sale of Province Lands, Legislative
lying Northerly of Sunderland & adjoining thereunto, & partly to councff xlx'^^
Millers River kc. as also Lands petitioned for by Thomas Fairbanks 425.
& others be impowered to adjourn the said Sale from time to time House Jour-
as they shall judge proper. Miu,v!^m,

Also fupra^-hsi

Ordered that the said Comm"'*' be impowered to execute good & i70.
legal Deeds to the Purchaser or Purchasers of said Land, they first
giving Security to perform the Conditions of said Sale. \^Passed
January SO.

604

Province h a\wb {Resolves, etc.) . — 1751-52. [Chaps. 172-174.]

CHAPTER 172.

Legislative
Records of the
Council, xix.,
426. Mass.
Archives,
xviii., 830.

Mass.
Archives,
xviii., 828.
House Jour-
nal, pp. 1-20, 124.
Province
Laws, ii., 151,
chap. 10.

ORDER IMPOWERING FRANCIS WELLES, GUARDIAN, TO JOIN WITH AN
ADMINISTRATRIX IN SELLING REAL ESTATE.

A Petition of Francis Welles Esq' Guardian to the Children,
(being Minors) ' of Joseph Blake late of Boston Distiller dec^ set-
ting forth the Circumstances of the Deceaseds Estate, & praying
that the real Estate may be sold for the payment of Debts & the
Maintenance & Benefit of the Children

Eead, and

Order'^d that the foregoing Petion be granted, and that the Peti-
tioner in his said Capacity, be, k he is hereby authorized, on behalf
of the minor Children of s** Dece'd to joyn with the administ^ of the
said Dece'ds Estate, in making Sale of the whole of the Premises
for the most that may be and to execute a good & sufficient Deed
or Deeds of Conveyance of the same; They giving Publick notice
thereof (previous to the Sale) in time & manner as prescribed in the
Law of this Province made in the sixth Year of King George the
first, touching the Sale of Eeal Estates : They first giving sufficient
Caution to the Judge of Probate for the County of Suffolk that the
Proceeds of such Sale shall be duly applyed to satisfye the Deceas'ds
just Debts and what Charges have arisen and may arise for said minors
their comfortable Support, and that the overplus (if such there be)
shall be put out on Interest for the Benefit of said minors, and that
their respective parts of both Principal & Interest (necessary Charges
being first deducted) be deliver'd them when they shall arrive at Law-
full age or at marriage: The said Administ^ & Guardian to be ac-
countable to the Judge of Probate (for the time being) of the County
aforesaid, for their Proceedings in the Premises. \^Passed January 30 .

CHAPTER 173.

VOTE THAT MEASURES BE TAKEN FOR REDEMPTION OF CAPTIVES IN

CANADA.

Recordso?the Voted that His Honour the Lieutenant Governoiir with the Advice
Council, xix., of his Majcstys Council, be desired to take speedy & effectual Care

^^ for redemption of the Captives now in Canada, at the Charge of the

nairp^m!"' Governm^ [Passed Jan uanj 30.

CHAPTER 174.

Legislative
Records of the
Council, xix.,
427. Mass.
Archives,
Ixxxvii., 186.

Mass.
Archives,
Ixxxvii., ls.5.
House Jour-
nal, pp. 101, 12.5.
Ante, p. 528,
chap. 300.

ORDER REFERRING WITH STAY OF PROCEEDINGS THE PETITION OF
CAPT. JN*^ WENDELL.

On THE Petition of Capt. John Wendell [ante, p. 423, chap. 37]
Orderd that the further consideration of of ^ the Petition of Cap"
Jn° Wendell be referd to the next sitting of this Court, and all
Processes in the Law are stayed, & all Strip & Waste on the Prem-
ises are forbid in the mean time. [Passed January 30.

^ The parenthesis should, it seems, end here.
* Sic.

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 605

CHAPTEK 175.

ORDER APPOINTING A COM^ee poR RUNNING THE LINE BETWEEN THE
COUNTIES OF SUFFOLK & PLYMOUTH.

In Council R|ford8**of th

Ordered that John Jones Esqr with such as tlie Hon House shall council, xix.,
join be a Committee to run & mark out the dividing Line between Archives^'
the two Countys of Suffolk & Plimouth agreeable to the Bill for cxvi., 179.
ascertaining said Line now before the Court & that they return a Mass.
plan thereof at the next sitting of the Court ixxxvlf.%84.

In the House of Representatives nai%! 125!^

Read & Concurr'd & Coll° Buckminster is Joind in the Affair. Ante, p. 425,
^Passed January 30. cbap. 43.

CHAPTER 176.

ORDER REFERRING ALL UNFINISHED MATTERS. Legislative

Records of the
Council, xix..

Ordered that all Matters now before the Court which shall not be 427^

passed upon this Sitting, shall have the same Day on the next sitting House Jour,
of this Court. {^Passed January 30. ^^ ' ^'

CHAPTER 177.

VOTE ALLOWING £16. 16 FOR FIRE WOOD AND £40 FOR SERVICES TO

CAPT ROB^ BALL.

A Petition of Capt Robert Ball keeper of the Light House pray- Legislative
ing that he may be allowed his Charge in procuring Fewell for keep- counclf, xix.*!^
ing the Oil in the Lamps from congealing & that his Salary which 427. Mass.

. . ^ *^ Archives

was due in Novemb'" last, & which is not sufficient for his Support ixiv.,468.'
may be Augmented Mass. '

Read & _ _ f^^]^:

Voted that the prayer of the petition be so far granted as that House Jour-

• • • nal UD 122 bis

the sum of Sixteen pounds sixteen shillings be p'* out of the pub- 123.' '

lick Treasury to the pef being what he p*^ for firewood & the Sum
of Forty pounds to be p*^ him out of the publick Treasury in full
for his service from Nov'' 8 1750 to Nov"" 8 1751. [Passed Jan-
uary 30.

CHAPTER 178.

ORDER ALLOWING £18. 10 TO SAM'' WEBB & £6. 6 TO BKW- WHITNEY.

On THE Petitions of Samuel Webb & Samuel Whitney praying Legislative
for an Allowance for the Repayment of their Ronsome Money out councif.xfx*.^^
of their Captivity. 427. Mass. ''

Ordered that the Sum of Eighteen Pounds ten shillings equal ixxiv., 36, 47.
to three hundred Livers be paid to Samuel Webb, and that Samuel

606

Province LiAws (Resolves, etc). — 1751-52. [Chaps. 179, 180.]

House Jour- Whitney's Petition be so far granted as that there be paid to him
Sfa88!' ■ out of the publick Treasury the Sum of Six Pounds six shillings
i^^xivTle'. equal to one hundred & twenty six Livers. [Passed January SO.

CHAPTER 179.

Legislative
Records of the
Council, xix.,
427.

Mass.

Archives, ciii.,
4. House
Journal, p. 123.
Province
Laws, iii., 555,
chap 24. Ante,
p. 369, chap.
265; p. 561,
chap. 60.

RESOLVE DIRECTING PROVINCE TREASURER TO GIVE PUBLIC NOTICE
WHEN HE IS READY TO DISCHARGE TREASURY ORDERS, AND TO
DISBURSE SILVER ONLY FOR CERTAIN GOVERNMENT SECURITIES.

Whereas divers Persons who were possessed of the Province Bills
have taken Orders from the Com*''^ for exchanging the Same upon
the Treasurer, Which Orders this Court has directed the Treasurer
to discharge according to the Priority of their Dates, as Soon as he
shall be possessed of the Sum of Three Hundred Pounds ' & to give
publick Notice accordingly, & so from Time to Time as he should
become possessed of that Sum, & whereas the Possessors of such
Notes are needlessly kept out of their Money, & the Province obliged
thereby to i^ay Interest for Money which lies dead in the Treasury

Resolved that the Treasurer be & he hereby is directed so Soon &
as often as he shall be possessed of Three Hundred "^ Pounds, to
give 23ublick Notice in the News Papers, that he is ready to pay
& discharge such Orders as aforesaid, & if any Orders shall not be
tendered within Thirty Days after such Publick Notice given, the
Interest which would be otherwise due on such Orders shall then
determine & cease

And whereas by a Kesolve of this Court in October Session, It was
ordered that the Bills of Credit which should be carried into the
Treasury by the Managers of the Lottery should be exchanged by
the Treasurer out of the Chest of Silver that was then remaining
in the Treasury & by him to be applied, for the Discharge of those
publick Debts, that were designed to be paid off by the Lottery,
and as the Bills of Credit paid into the Treasury by Virtue of the
Eesolve aforesaid, do not amount to the Value of the said Chest of
Silver

Resolved that the remainder of the Silver being part of the Par-
liamentary Grant, and also the remainder of the Silver received by
the Treasurer for Impost, not heretofore appropriated be applyed
for the redemption of the Goverum' Securities that became due
the thirty first of December last, & for no other purpose whatso-
ever. [Passed January 30.^

Legislative
Records of the
Council, xix.,

42!t.

Mass.
Archives,
Ixiv., 484.
Province
Laws, iii., 558,
note. House
Journal, p. 127.
Ante, p. 569,
Chap. 82.

CHAPTER 180.

VOTE FOR SELL« THE MASSACHUSETTS FRIGATE.

Voted that the Com**® appointed to take Care of the Massachu-
setts Frigate be directed to make Sale of the Same & Appurtunances
for the best Advantage of the Province, as soon as may [be],* except-
ing Warlike Stores. [Passed April 3.

* The State Library copy, Legislative Records of the Council, xix., 440, reads, "three
thousand Pounds.'" See also Province Laws, iii., 555, chap. 24.

- Mass. Archives, ciii., 6, amends this amount to " One Thousand."

^ Adjourned to April 2. See Legislative Records of the Council, xix., 428.

* Inserted from State Library copy. Legislative Records of the Council, xix., 442.

[3d Sess.] Province Laws (Besolves, etc.). — 1751-52. 607

CHAPTER 181. ffiro7the

Council, xix.,
430. Mass.
ORDER ALLOWING £150 FOR REPAIRS TO LIGHT HOUSE. Archives,

Ixiv., 485.

Ordered that the Sum of One hundred And fifty pounds be allowed ^^^isiative

p . 1 1 T 1 m , , 1 /-< ■ -, -, Records of the

out or the publick Ireasury to the Comm'^'^ appointed to take care council, xix.,
of the Light House to Enable them to Effect the necessary Repairs journ^i!^p.*^i29.
there ^«^«. I'-'^oi.

The said Comm'''' to be Accountable. [Passed April 4.

CHAPTER 182.

ORDER ALLOWING £100 FOR REPAIRS TO PROVINCE HOUSE. Legislative

Eecords of the

Ordered that the Sum of One hundred Pounds be allow'd out of 43o.
the publick Treasury to the Corn"''' appointed to effect the necessary House Jour-
Repairs at the Province House, the said Com**^^ to be accountable, ^liel'^^lk,
{Passed April 4. chap! lee.

CHAPTER 183

ORDER ALLOWING £200 FOR REPAIRS AT CASTLE WILLIAM. Legislative

Records of the
Council, xix..

Ordered that the Sum of Two hundred Pounds be allow'd out of ^^

the publick Treasury to the Com**'^ appointed to effect the Repairs House .Tour,
of Castle William. The said Com*''*' to be accountable. [Passed ^nte]'pMi\,
April 4. ' chap'. 166.

CHAPTER 184.

ORDER FOR THE TRANSFER OF £1,000 TO THE APPROPRIATION FOR Legislative

GRANTS. Records of the

Council, xix.,
430.

Ordered that the Sum of One thousand Pounds be transferred House Jour.
from the Appropriation for the Defence of the Province, to the ^^^' v- 129-

X J. J. ' r roVlDCG

Appropriation for Grants. [Passed April 4. Laws, iii., eoo,

chap. 16.

CHAPTER 185.

ORDER FOR THE TRANSFER OF £550 TO THE APPROPRIATION FOR PAY- Legislative

MENT OF MEMBERS OF THE GENERAL COURT. Records of the

Council, xix.,
430.

Ordered that the Sum of Five hundred & fifty Pounds be tran- House Jour-
ferred from the Appropriation for the Defence of the Province, to p'J.'j^iJ^^g''-
the Appropriation, for the Payment of the Members of the Gen' Laws, iii., eoo.
Court. [Passed April 4. '^^''^p- ^^-

608

Province Laws {Resolves, etc.). — 1751-52. [Chaps. 186-188.]

CHAPTER 186.

Legislative
Records of the
Council, xix.,
430. Mass.
Archives, ciii.,

Mass.

Archives, ciii.,
12. House
Journal, p. 128.
Ante, p. 599,
chap. 159.

VOTE ACCEPTING REPORT OF THE COMMITTEE ON BURNING BILLS OF

CREDIT.

We the Subscribers being appointed a Com*^^ by the General
Court to repair to the Treasurers Office, & take an Acco^ of the
Province Bills in his hands (told up), & consume them to Ashes have
attended that Service, and have received of M' Treasurer Foye three
thousand six hundred twenty eight Pounds nineteen Shillings old
Tenor Bills, Nine hundred & five Pounds three shillings & four
pence Middle Tenor Bills, & Eight Thousand one hundred & thirty
three Pounds two shill^^ & four pence Last Emission Bills & have
seen the Same Consumed to Ashes accordingly Boston March

25. 1752. John Osborne

Read and Accepted and the Treasurer is discharg'd of the said
Sum accordingly. \^Passed Ajjril 4.

Legislative
Records of the
Council, xix.,
431. Mass.
Archives, ciii.,
12.

House Jour-
nal, p. 128.
Ante, p. 601,
chap. 163.

CHAPTER 187.

VOTE ACCEPTING REPORT OF THE COMMITTEE DIRECTED TO MAKE
ENQUIRY FOR 12 BUNDLES OF SMALL BILLS NOT ACCOUNTED FOR.

The SAID Com'^^^ [stq^ra, chap. 186] find that on the 21^* of
February past, the Treasurer rec*^ the value of Twelve Bundles of
the smallest Bills which were in the Hands of some of the Signers,
& one Bundle more in the Hands of M' David Jeffries who has
given the Province Credit therefor accordingly And in Obe-

dience to the Order of Court on the twenty ninth of January past
rec'' of the Treasurer viz' Forty one Pounds two shillings & six
pence Bills of tlie Old Tenor, Twenty eight Pounds & one Penny
Bills of the middle Tenor, and One hundred fifty six Pounds four-
teen shillings & six pence Bills of the last Emission, amounting in
the whole to One hundred & ninety five Pounds L E.' being the value
of the afores'' thirteen Bundles & have seen them consumed to Ashes
accordingly

John Osborxe

Read and Accepted and the Treasurer is hereby discharged of the
said Bills accordingly. [Passed April 4.

CHAPTER 188

Legislative ORDER IMPOWERING THE TREASURER TO RECEIVE PROVINCE BILLS

Coun™f xix OF TAX COLLECTORS AND CONSTABLES.

431.

Ordered that the Treasurer be directed & impowered to receive
of the Constables & Collectors of the several Towns Province Bills
Journal, p. 129. fQj. ^^g outstanding Taxes due to the Province. [Passed April 6."

Mass.

Archives, ciii.,
16. House

^ Last Emission.

- This date is according to Mass. Archives;
Council the date is April 4.

according to Legislative Records of the

[3d Sess.] Province Laws {Resolves^ etc.). — 1751-52. 609

CHAPTER 189.

ORDER REFERRING TO ONE OF THE PROVINCE HORSES. Legislative

Records of tiie
Til- T-i 1 T Council, xix.,

Ordered that M"" Bucknam be directed to take the Horse belong- 432. Mass.
ing to the Province, now in the hands of Col° Gerrish of Kittery, |^g^"^''^''-
and dispose of him for three Months to the best advantage of the House Jour.
Province. [Passed AjJril 6. nai.p. i3i.

CHAPTER 190.

ORDER ALLOWING £20 TO ROBERT BALL, LIGHT HOUSE KEEPER.

A Petition of Robert Ball keej^er of the Light House setting Legislative
forth the Services of himself & three Servants by assisting in the councff xix^^^
Eepairs of the said Light House after it was burnt by transporting i^'^- Mass.
Materials from Boston & other Labour in the said Work, praying iZv.!^!
for an Allowance for their Time & Subsistence Mass.

Read and ^'^^'^^1?.?'

Ixiv., 482.

Ordered that the Sum of twenty pounds be allowed and paid Legislative
out of the publick Treasury to the Petitioner in Consideration of comicif, xfx.'!*'
his Time Care and Expences during the late Repairs of the Light Joul•mf^®^3^
House. [Passed April 6.

CHAPTER 191.

ORDER IMPOWERING THE CHARLESTOWN FERRY MEN TO LAY OFF A

BOAT.

A Petition of the Ferry Men concerned in the Ferry between Legislative
Boston & Charlestown, shewing that by Reason of the Prevalency councif xix^^
of the Small Pox in Boston the Number of Passengers is greatly 432. Mass.
lessened & therefore praying that they may be allowed to lay aside cx'xi!!29i'.
one of their four Boats during the Continuance of the said Sickness. Mass.
Read and «xt.S

Ordered that the Prayer of the Pet" be so far granted as that the House Joiir.
fourth Boat within mentioned be Excused any Service till-the next '^^••p-i^^.
Sitting of this Court. [Passed April 6.

CHAPTER 192.

ORDER ACCEPTING REPORT OF COMMITTEE ON THE TREAS^s GENERAL
ACCOT ENDING MAY 1744.

The Com'^^'' to whom was refer'd the Examination of the Accompt Legislative
of William Foye Esq"' Treasurer & Receiver General of His Majestys councif, xix.,^

Revenues within the Province of the Massachusetts Bay in New Eng- ^

land begining May 1743 & ending May 1744, having attended that Ser- Reford"7th

QIQ Province Laws (i?eso??;es,ete.). — 1751-52. [Chap. 192.]

Council, xix., yicG upon examining the Same find them Eight Cast & well vouch'd,
/n/mfchap. by which it appears that the said Accomptant chargeth himself with
193- the Sum of Nine Thousand eight hundred & seventy two Pounds

eighteen shillings & ten pence Old Tenor, so much rendered out-
standing of the Tax as p last Accompt, bear^ Date 25 May 1743.

And the said Accomptant further chargeth himself with the Sum
of Twenty Thousand seven hu*ndred forty six Pounds three shillings
& seven pence outstanding of the Taxes middle Tenor per last Acco*^
bearing Date 25 May 1743.

And the said Accomptant chargeth himself with the Sum of
Twenty one Thousand six hundred & seven Pounds three shillings
& eight pence three farthings, outstanding of the Taxes, & the
further Sum of Twenty three thousand seven hundred thirty seven
Pounds fourteen shillings & two pence farthing for a Tax granted
by the General Court in May 1743, and the further Sum of One
thousand five hundred sixty two Pounds nine shillings & ten pence
farthing received of the several Commissioners of Excise, & the
further Sum of Nine hundred fifty six Pounds, eighteen [shillings]'
& seven pence three farthings, received of Daniel Eussell Esq'' Com-
missioner of Impost, & the Sum of Four Pounds six shillings & three
pence, of Sundry Persons for Fines & with the Sum of Four thou-
sand & eighty Pounds ten shillings & ten pence farthing Bills re-
maining in hand to Ballance last Accompt bearing Date 25 May
[1743],' All which Sums together with the Sum of Seven Thousand
two hundred & thirteen Pounds ten shillings & five Pence, (so
much being equal to Twenty eight Thousand eight hundred fifty
four Pounds one shilling & eight pence, old Tenor,) & twenty one
Thousand two hundred thirty nine Pounds four shillings & four
Pence three farthings so much being equal to twenty eight Thou-
sand three hundred & eighteen Pounds nineteen shillings & two
Pence one third middle Tenor Bills remaining in his Hands p last
AccomjDt bearing Date 25 May 1743 amounts to the Sum of Eighty
thousand four hundred & one Pounds eighteen shill&'^ & 4^^ last
Emission

And that the said Accomptant chargeth himself with the Sum
of Two thousand nine hundred & fifteen Pounds Gold & Silver
remaining in his Hands.

The Com*®^ also find that the said Accomptant dischargeth him-
self by seven thousand nine hundred & fifty one Pounds seven shil-
lings Outstanding of Taxes, & the further Sum of One thousand
nine hundred twenty one Pounds eight sliill^^ & ten pence Bills
remaining in his hands, both which Sums amount to the Sum of
Nine thousand eight Hundred seventy two Pounds fifteen shillings
& ten pence to ballance the aforegoing Charge of Old Tenor.

And he further dischargeth himself by six thousand six hundred
& forty eight Pounds, seven shillings & ten pence outstanding of
Taxes, and the Sum of fourteen thousand & ninety seven Pounds
fifteen shillings & nine pence Bills in hand both which Sums amount
to the Sum of Twenty thousand seven hundred & forty six Pounds
three shillings & seven pence, to ballance the foregoing charge of
middle Tennor.

And that he further dischargeth himself by sundry Payments &
disbursem*^ made by Order of His Excellency the Governour with
the Advice of the Council amounting to Twenty two Thousand five
hundred eighty one Pounds eight shillings & six pence half penny,

* Inserted from State Library copy, Legislative Records of the Council, xix., 446.

[3d Sess.] Province Laws (Besolves, etc.). — 1751-52. 611

& by Bills burnt of several Tennors amounting to fourteen thousand
three hundred thirty eight Pounds, fifteen shillings last Emission,
& thirty five Thousand & one Pounds six shillings & five Pence three
farthings outstanding of the Taxes, & by eight Thousand four hun-
dred & eighty Pounds eight shillings & three pence three farthings
bills received in by Taxes, Impost & Excise remaining in his hands,
all which Sums amount to the Sum of Eighty thousand four hun-
dred & one Pounds eighteen shillings & four pence, to ballance the
foregoing Charge of last Emission.

The Comm^'^^ are therefore of Opinion that the said William Foye
Esq"" Treas'' be discharged of the several Payments, Amounting to
Twenty two Thousand five hundred eighty one Pounds eight shil-
lings & six pence half penny, Last Emission & for Bills burnt by
a Comm^'^'^ of the General Court of the several Tennors, & reduced
to last Emission, amounting to fourteen thousand three hundred
thirty eight Pounds fifteen shillings & that he be further account-
able for the Bills remaining in his Hands & for the several Sums
outstanding in Taxes, when received in, & that he be further ac-
countable for the Gold & Silver remaining in his Hands, Amounting
to Two thousand nine hundred & fifteen Pounds fourteen Shillings.

Eead & Accepted & the Treasurer is hereby discharged of the
above written Sums accordingly.' [Passed April 7.

CHAPTER 193.

ORDER ACCEPTING REPORT OF COMMITTEE ON THE TREAS^s GENERAL
ACCO^ ENDING MAY 1745.

The Co]vr™ to whom was refer'd the Examination of the Accompts Legislative
of William Foye Esq"" Treasurer & Receiver General of his Majesties counc?f, xlx!^,*^
Revenues within the Province of the Massachusetts Bay in New Eng- 434. Mass.

A.rcnivGS

land begining May 1744 & ending May 1745, having attended that cxxiv., m.
Service upon examining the Same find them Right Cast & well vouch'd Mass.
by which it appears that the said Accomptant Chargeth himself w**" ^xxi>^^i36-i73.
the Sum of Seven Thousand nine hundred & fifty one Pounds seven iwpra,' chap,
shillings outstanding in Taxes, and with the Sum of One thousand chap, m."'
nine hundred & ninety one Pounds eight shillings & ten pence. Bills
in his Hands to ballance last Accompt bearing Date 30^^ May 1744,
both which Sums amount to the Sum of Nine thousand eight hun-
dred & seventy Pounds fifteen shillings & ten pence Old Tenor.

And that he further chargeth himself with the Sum of Six thou-
sand six hundred & forty eight pounds seven shillings & ten pence
Outstanding of the Taxes, & fourteen Thousand & ninety seven
Pounds fifteen shillings & nine pence, Bills in hand to ballance
last Accompt bearing Date 38,^ May 1744, both which Sums amount
to Twenty thousand seven hundred forty six Pounds three shillings
& seven pence Middle Tenor.

And that he further Chargeth himself with the Sum of Thirty
five thousand & one Pounds six shillings & five pence three far-
things outstanding of the Taxes, & with the Sum of Twenty seven
Thousand & one Pounds fourteen shillings & eight pence for a Tax
granted by the General Court in May 1744, also with the Sum of
One thousand three hundred & eighteen pounds eleven shills^ &

' Not found in the House Journal.

^ Sic, it seems, for 30. See infra, p. 612.

022 FROViscKLiAws{Besolves,elc.). — 1751-52. [Chap. 193.]

eight pence received of the Several Commissioners of Excise & two
Pounds ten shillings received for Fines, & one hundred & fourteen
Thousand & fifty Pounds rec'^ at Sundry Times of the Com'^® for
signing Bills, & Two hundred thirty five Pounds fourteen shillings

6 three pence, received of Edward Hutchinson Esq"" surviving Trus-
tee of the first fifty thousand Pounds Loan, and one thousand one
hundred forty eight Pounds fourteen shillings & two pence half
penny, received of Daniel Russell Esq"' Commissioner of Impost,
and the Sum of Sixty two Pounds thirteen shillings & four pence
received of Joseph Wilder Esq"" and with the Sum of Sixty four
Pounds two shillings received of Ephraim Curtis Esq"" All which
Sums together with the Sum of Eight Thousand four hundred &
eighty Pounds eight shillings & three pence three Farthings Bills
in hand to Ballance last Accompt bearing Date 30"" May 1744,
amounting to the Sum of One hundred eighty seven Thousand
two hundred sixty two Pounds fourteen shillings & eleven pence
three farthings last Emission

And for Gold & Silver in hand p last Accompt, Two Thousand
nine hundred & fifteen Pounds fourteen shillings & 206 Crowns

7 Sols French Coin.

The Com'''*' also find that the said Accomptant dischargeth him-
self by sundry Payments & disbursem" made by Order of the Gov-
ern'' with the Advice of the Council Amounting to the Sum of One
hundred & seventeen Thousand four hundred & thirty Pounds seven
shillings & nine pence, & by Bills burnt of the several Tenors &
reduced to last Emission is Twenty Thousand five hundred fifty
six Pounds seventeen shill^* & Six Pence, and with the Sum of
Forty Thousand nine hundred & forty five Pounds seventeen shil-
lings & eight pence, half penny. Outstanding of the Taxes, and
by Eight Thousand four hundred thirty two Pounds twelve shil-
lings & one farthing Bills in his hands, all which Sums amount to
the Sum of One hundred eighty seven thousand three hundred
sixty five Pounds fourteen shillings & eleven pence three farthings
to ballance the foregoing Charge of last Emission.

And that he further dischargeth himself by six thousand One
hundred ninety six Pounds six shillings & four pence Outstanding
of the Taxes, & three thous*^ six hundred seventy six Pounds nine
Shillings & Six pence Bills in his hands, both which Sums amount
to the Sum of Nine Thousand eight hundred seventy two Pounds
fifteen shillings & ten pence to ballance the foregoing Charge of
Old Tenor.

And that he furtlier dischargeth himself by three thousand nine
hundred seventy five Pounds eight shillings & ten pence. Outstand-
ing of Taxes, & sixteen Thousand Seven hundred & seventy Pounds
fourteen shillings & nine Pence, Bills in hand, both which Sums
amount to Twenty Thousand seven hundred forty six Pounds three
shillings & seven pence, to ballance the foregoing Charge of middle
Tenor.

The Comm'™ are therefore of Opinion that the said William Foye
Esq"" Treasurer be discharged of the above Payments, amounting to
the Sum of One hundred & seventeen Thousand, four hundred &
thirty Pounds seven shills^ & nine pence, and of Twenty thousand
five hundred fifty six Pounds seventeen shill«^ & six Pence Bills
burnt by a Com"'"' of the General Court, and that he be further ac-
countable for the several Sums above mentioned Bills in his Hands,
& for the respective [sums]' abovementioned outstanding when re-

* Inserted from Mass. Archives, cxxiv., 173.

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. . 613

ceived in, & that he be further accountable for the Gold & Silver
iu hand per Account above & for 206 Crowns, 7 Sols French Coin.
Read and Accepted and the Treasurer is hereby discharged of the
above written Sums accordingly/ \^Passed AjJril 7.

CHAPTER 194.

ORDER ACCEPTING REPORT OF COMMITTEE ON THE TREAS^^ GENERAL
ACCO^ ENDING MAY 1746.

The Com™^ to whom was refer'd the Examination of the Accompt Legislative
of William Foye Esq' Treasurer & Receiver General of his Majestys councif, xii!l^

Revenue, within the Province of the Massachusetts Bay in New Eng- ^ ,

land begiuing May 1745 & ending May 1746, having attended that Ser- fgfjf^^P-
vice upon Examining the Same find them right Cast & well vouch'd, chap. 195.
by which it appears that the said Accomptant chargeth himself with
the Sum of Six thousand one hundred ninety six Pounds six shil-
lings & four pence outstanding of the Taxes, & with the Sum of
three thousand six hundred seventy six Pounds nine shillings & six
pence. Bills iu hand, both which Sums amount to the Sum of Nine
Thousand eight hundred seventy two Pounds fifteen shillings & ten
pence Old Tenor

And that he further Chargeth himself with the Sum of Three
Thousand nine hundred seventy five Pounds, eight shillings & ten
pence Outstanding of Taxes, & Sixteen Thousand seven hundred
& seventy Pounds fourteen shillings & nine Pence, Bills in hand
both which Sums amount to the Sum of Twenty thousand seven
hundred forty six Pounds, three shillings & seven pence Middle
Tenor.

And that he further chargeth himself with the Sum of Forty
thousand nine hundred forty five Pounds, seventeen shillings &
eight pence half penny. Outstanding of tlie Taxes, & thirty two
Thousand six hundred fifty six Pounds eight shillings & six pence
a Tax granted by the General Court in May 1746,''' also with the
Sum of One thousand two hundred seventy seven Pounds twelve
shillings & three Pence three farthings, received of the several
Commissioners of Excise, & two hundred sixty four Pounds thir-
teen shillings & six pence received for Fines. And also the Sum of
Two hundred & one I^iousand one hundred eighty one Pounds five
shillings received at Sundry times of the Com"-'^ for signing Bills &
twenty five Pounds eight shillings & eight pence half penny received
of Robert Auchmuty Esq"" due to the Province for Seizures, & two
hundred & twenty two Pounds rec'' back for Bounty Money & Twenty
two Pounds ten shillings received for Land sold by a Com*''*' of the
General Court, & one liundred sixty one Pounds six shillings & two
Pence, rec*^ of the Com*'''' of the £100,000 Loan, & thirty nine Pounds
ten shillings being so much rec'^ back of Col° Samuel Waldo on Ac-
count of the late Expedition to Louisbourgh, & one Thousand five
hundred ninety four Pounds nine shill^^ & four pence received of
Daniel Russell Esq'" Comiss"' of Impost, all which Sums together
with the Sum of Eight thousand four hundred thirty two Pounds
twelve shillings & one farthing Bills in hand, to ballance last Ac-
compt bearing Date 29'*' May 1745, amounts to the Sum of Two

* Not found in the House Journal.

* The date given is a mistalce. The tax was granted in 1745. See Province Laws, iii.,
223, chap. 1 .

614 Province Laws (BesolveSy etc.) . — 1751-52. [Chap. 195.]

hundred eighty six thousand eight hundred twenty three Pounds
thirteen shillings & three pence last Emission, & for Gold in hand
p last AccomjDt Two Thousand nine hundred & fifteen Pounds,
fourteen shillings, & 20G Crowns 7 Sols french Coin

The Com*®® also find that the said Accomptant dischargeth him-
self by Six Thousand & nine Pounds one Shilling & eleven pence
Outstanding for Taxes, & three Thousand eight hundred sixty three
Pounds, thirteen shillings & ten pence Bills in hand, both which
Sums amount to the Sum of Nine thousand eight hundred seventy
two Pounds fifteen shillings & ten pence to ballance the Charge
foregoing of Old Tenor.

And that he further dischargeth himself by Two thousand seven
hundred & twenty Pounds fourteen shillings & seven pence, Out-
standing in Taxes, and Eighteen Thousand twenty five Pounds
nine shillings Bills in hand, both which Sums amount to the Sum
of Twenty Thousand, seven hundred forty six Pounds tliree shil-
lings & seven pence to ballance the Charge foregoing of middle
Tenor.

And that he further dischargeth himself by sundry Payments &
Disbursem'' made by Order of the Governour with the Advice of the
Council, amounting to Two hundred & twenty thousand, seven hun-
dred thirty three Pounds eight shillings & eight pence, also with
Bills burnt of the several Denominations, & reduced to last Emis-
sion amounting to Seven thousand one hundred fifty three Pounds
nineteen shillings & two pence and by Forty eight thousand seven
hundred & twenty Pounds three shillings & two pence three far-
things Outstanding of the Taxes, & by ten Thousand two hundred
& sixteen Pounds two shillings & two Pence farthing, Bills in hand.
All which Sums amount to the Sum of Two hundred eighty six
thousand eight hundred, & twenty three Pounds thirteen shillings
& three pence, to ballance the foregoing Charge of last Emission.

The Com'"® are therefore of Opinion that the said William Foye
Esq"' Treasurer be discharged of the Above Payments amounting
to Two hundred & twenty thousand seven hundred thirty three
Pounds eight shillings & eight pence, & of the Sum of Seven thou-
sand one hundred fifty three Pounds nineteen shillings & two pence
Bills burnt by a Com""® of the General Court & that he be further
accountable for the Bills in hand abovementioned, also for the re-
spective Sums aforementioned outstanding in Taxes, when rec*^ in,
& that he be further Accountable for the Gold & Silver in hand
being Two Thousand nine hundred & fifteen Pounds fourteen shil-
lings, & two hundred & six Crowns 7 Sols French Coin

Eead & Accepted & the Treasurer is discharged of the above
Sums accordingly. ' [Passed Ajjril 7.

CHAPTER 195.

ORDER ACCEPTING REPORT OF COMMITTEE ON THE TREAS«^ GENERAL
ACCO'T ENDING MAY 1747.

Rlford8"of the "^^^ CoM^'=^ to whom was refer'd the Examination of the Accompt
Council, xix., of William Foye Esq' Treasurer & Receiver General of His Majestys
Archives?' Eevenue within the Province of the Massachusetts Bay in New Eng-

cxxiv., 218-220.

^ Not found in the House Journal.

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 615

laud begiuing May 1746, & ending May 1747, having attended that ^^^^j^j^^g
Service; upon Examining of the Same find them right Cast & well cxxiv., 174-220.
vouch'd by which it appears that the said Accomptant chargeth him- 194^ zw/raf '
self with the Sum of Six Thousand & nine Pounds one sliilling & chap. 196.
eleven pence Outstanding of the Taxes, also w*^ the Sum of three
thousand eight hundred & sixty three Pounds, thirteen shillings &
eleven pence so much Bills in his hands, to ballance last Accompt
bearing Date 22^^ May 1746, both which Sums amount to nine thou-
sand eight hundred & seventy two Pounds fifteen shillings & ten
pence Old Tenor.

And that he also chargeth himself with the Sum of Two Thou-
sand seven hundred & twenty Pounds fourteen shillings & seven
pence being so much Outstanding of the Taxes also with the Sum
of Eighteen Thousand & twenty five Pounds nine shillings Bills in
hand to ball''' last Account bearing Date 28 May 1746, both which
amount to the Sum of Twenty thousand seven hundred forty six
Pounds three shillings & seven pence middle Tenor.

And that he further chargeth himself with the Sum of Forty
eight Thousand seven hundred & twenty Pounds three shillings &
two pence half penny outstanding of the Taxes, also with the Sum
of Thirty one thousand & sixty one Pounds one shilling for a Tax
granted by the General Assembly in May 1746, also for the Sum of
One Thousand eight hundred & eighteen Pounds four shillings &
two pence received of the several Commissioners of Excise, also the
Sum of Fifty six Pounds nine Shillings & nine pence received for
Fines, also the Sum of One thousand six hundred seventy nine
Pounds seven shillings & eleven pence received back of enlisting
Money, and of the Com**^^ for the Lottery, and of Province Land
sold &c. and also for the Sum of One hundred forty eight Thou-
sand nine hundred & eleven Pounds seventeen shillings, new Bills,
received at sundry Times of the Com*''® for signing Bills, Also the
Sum of Two Thousand five hundred & ninety one Pounds seven-
teen shillings & ten pence, received of Daniel Russell Esq'' Com-
missioner of Impost, All which Sums together with the Sum of
Ten thousand two hundred sixteen Pounds & two pence farthing
Bills in hand to ballance last Accompt bearing Date 28 May 1746,
amount to the Sum of Two hundred forty five thousand & sixty three
Pounds three shillings three farthings last Emission.

And for Gold & Silver in hand by last Account, Two thousand
nine hundred & fifteen Pounds fourteen shillings according to Act,
& for 206 Crowns 7 Sols rec*^ of Capt Legalais as a Moiety of the
Flag of Truce that went to Louisburgh.

The Com''^'^ also find that the said Accomptant dischargeth him-
self by sundry Payments & Disbursem" made by Order of the Gov-
ernour with the Advice & Consent of the Council, Amounting to
the Sum of One hundred & seventy seven thousand two hundred
twenty one Pounds, nineteen shillings & five Pence three farthings

Also for Bills burnt of the several Denominations viz' three thou-
sand three hundred & two Pounds ten shillings Old Tenor, is last
Emission Eight hundred & twenty five Pounds twelve shillings & six
pence, & One Thousand One hundred Eighty eight Pounds twelve
shillings & four pence, middle Tenor is at its inhaunced Value so
much last Emission, and the Sum of Three thousand two hundred
& ten Pounds fifteen shillings last Emission, All which amounts to
five thousand two hundred twenty four Pounds nineteen shillings
& ten pence last Emission, and for the Sum of Forty nine thousand

616 Province Laws (^Hesolves, etc.). — 1751-52. [Chap. 195.]

seven hundred twenty &, nine Pounds two shillings & Six pence half
penny, Outstanding of the Taxes, and by twelve thousand eight hun-
dred eighty seven Pounds one shilling & two Pence half penny Bills
received by Taxes Impost Excise &c in his Hands all which Sums
amount to the Sum of Two hundred forty five thousand & sixty
three Pounds three shillings & three farthings to ballance the fore-
going Charge of last Emission,

And that he further dischargeth himself by two Thousand one
hundred thirty one Pounds ten shillings & six pence outstanding
of the Taxes, Also the Sum of Eighteen thousand six hundred
fourteen Pounds thirteen shillings one Penny in hand both which
Sums amount to twenty thousand seven hundred forty six Pounds
three shill^^ & seven Pence middle Tenor to ballance the foregoing
Charge of middle Tenor.

And that he further dischargeth himself by Five thous^ one bund*
fifteen Pounds sixteen shill^''' & nine Pence outstanding of the Taxes,
Also the sum of Four thous*^ seven hund'^ & fifty six Pounds nine-
teen shill^'^ & one peny, both w*^^ Sums amount to nine thous'' eight
hund'* & seventy two Pounds fifteen shill^* & ten pence to ballance
the foregoing Charge of old Tenor.

The Com"''' are therefore of Ojiinion that the said William Foye
Esq'' Treasurer be discharged of the foregoing Payments, amount-
ing to one hundred & seventy seven Thousand, two hundred &
twenty one Pounds nineteen shillings & five Pence three farth^'
& the Sum of Five thousand two hundred & twenty four Pounds
nineteen shillings & ten pence Bills burnt by the Com'"'* & that he
be further accountable for the respective Sums above mentioned,
Bills remaining in his hands, also for the several Sums above men-
tioned that are outstanding as he receives them in, the foregoing
Bills in hand being twelve thousand eight hundred & eighty seven
Pounds one shilling & two Pence, ^ & the Bills outstanding being
Forty nine thousand seven hundred & twenty nine Pounds two
shillings & six pence half penny, last Emission. And the Bills in
hand midle Tenor as beforementioned being Eighteen Thousand
six hundred & fourteen Pounds, thirteen shillings & one penny.
And the Outstanding middle Tenor being Two thousand one hun-
dred & tliirty one Pounds ten shillings & six pence, And the fore-
mentioned Bills in hand Old Tenor being five thousand one hundred
& fifteen Pounds sixteen shillings & nine pence, And the Outstand-
ing Old Tenor being Four thousand seven hundred & fifty Six Pounds
nineteen shillings & one penny

We find also that the said Accomptant dischargeth himself by
several Payments of Silver, pursuant to the Orders of the General
Assembly amounting to 788f oz (a) 6/ 8, is two hundred Sixty two
Pounds eighteen shillings & four pence, and by so much Silver &
Gold in hand as amounts to Two Thousand six hundred & fifty two
Pounds fifteen shill^^ & eight pence for which he is further account-
able to ballance the foregoing Charge of Gold & Silver, and further
accountable also for two hundred & 6 Crowns 7 Sols French Coin

Read and Accepted and the Treasurer is hereby discharg'd of the
above written sums accordingly.' [Passed April 7.

'Not found in the House Journal.

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 617

CHAPTER 19(3.

ORDER ACCEPTING REPORT OF COMMITTEE ON THE TREAS^^ GENERAL
ACCO^ ENDING MAY 1748.

The Com'^''-^ to whom was refer'd the Examination of the Accompts Legislative
of William Foye Esq'' Treasurer & receiver General of His Majestys counctf, xix!^,®

Revenues within the Province of the Massachusetts Bay in New Eng- ^

land begining May 1747, & ending May 1748, having attended that Mass.
Service upon examining the Same find them right Cast & well vouch'd, cxxiv^ 231-276.
by which it appears that the said Accomptant chargeth himself with ^"f /3^^*P"
the Sum of Five Thousand one Hundred & fifteen Pounds sixteen chap. 197.
shillings & nine pence rendered outstanding of y*^ Taxes also with
the Sum of Four thousand seven hundred & fifty six Pounds nine-
teen sliill^^ & one Penny, bills in hand, the ballance of last Accompt
bearing Date 27 May 1747, both which Sums amount to Nine Thou-
sand eight hundred & seventy two Pounds fifteen shillings & ten
pence old Tenor.

That he also chargeth himself with the Sum of Two Thousand
one hundred & thirty one Pounds ten shillings & six pence being
so much outstanding of the Taxes, also with the Sum of Eighteen
Thousand six hundred & fourteen Pounds thirteen shillings & one
penny, both which amount to the Sum of Twenty Thousand seven
hundred & forty six Pounds three shillings & seven pence middle
Tenor.

And that he further chargeth himself with the Sum of Forty nine
Thousand seven liundred & twenty nine Pounds two shillings & six
pence, ^ outstanding of the Taxes also with Forty one Thousand
nine hundred eighty one Pounds five shillings & one penny for a
Tax granted by the General Court in May 1747, also with the Sum
of Two thousand six hundred twenty two Pounds ten shillings &
seven pence received of the several Commissioners of Excise, also
the Sum of Twenty three Pounds three shillings & nine Pence rec"^
for Fines, also the Sum of Two Thousand four hundred twenty seven
Pounds ten Shillings rec*^ back of Eliakim Hutchinson Esq'' on Ac-
count of the Canada Expedition & of Andrew Oliver Esq"" on Account
of the Lottery, & of the Town of Elbows for so much Laid on them
per Order of Court in their first Settlement, & for Land near Worces-
ter, & for Thirty Pounds short paid Richard Hubbard late Door-
keeper, & also twenty eight thousand two hundred & ninety Pounds
received of the Com'^* for signing Bills also the Sum of Two thou-
sand six hundred & forty five Pounds eight shillings & three pence,
received of Daniel Russell Esq'' Commissioner of Impost, & Six hun-
dred & twenty Pounds ^^A\^ so much Tunnage Money returned
to be collected from the several Sea Port Towns according to Act.
All which Sums together with the Sum of Twelve thousand eight
hundred eighty seven Pounds one shilling & two pence half penny
Bills in hand, to ballance last Accompt bearing Date May 27, 1747,
amounts to the Sum of One hundred forty One thousand two hun-
dred & twenty seven Pounds eighteen shillings & four pence last
Emission.

And further the said Accomptant chargeth himself with the Sum
of Six thousand five hundred seventy one Pounds three shillings
& eight pence last Emission to ballance this Accompt. And also
chargeth himself for Gold & Silver in hand ^ last Accompt, Two

(318 Provestce Laws {Resolves, etc.). — 1751-52. [Chap. 196.]

Thousand six hundred & fifty two Pounds fifteen shillings & eiglit
pence according to Act, & for Two hundred & six Crowns 7 Sols
French Coin.

The Com'^^ also find the said Accomptant dischargeth himself by
Four thousand five hundred & eighty Pounds ten shillings & three
pence outstanding of Taxes, & by five thousand two hundred &
ninety two Pounds five shillings & seven pence Bills remaining in
Hand, both amounting to Nine Thousand eight hundred & seventy
two Pounds fifteen shillings & ten pence to ballance the forgoing
charge of Old Tenor

And that he further dischargeth himself by Two Thousand &
ninety five Pounds seven shillings outstanding of the Taxes, & by
Eight Thousand seven hundred Sixty one Pounds, eleven shillings
& six pence middle Tenor, so much being equal to Six thousand
five hundred seventy one Pounds three shillings & eight pence for
which said Accomptant has charged himself to ballance the Acco'
of last Emission, the middle Tenor, Taxes &c. having been dis-
charged from time to time in last Emission Bills & by Nine thou-
sand eight liundred & eighty nine Pounds, five shillings & one
Penny Bills in Hand. The whole amounting to Twenty thousand
seven hundred & forty six Pounds three shillings & seven pence to
ballance the foregoing Charge of midle Tenor

And also further dischargeth himself by sundry Payments amount-
ing to Eighty four Thousand seven hundred & fifty four Pounds, fif-
teen shillings & five Pence half penny, and by Bills burnt of the
several Denominations & reduced to the last Emission makes four
Thousand three hundred & ninety three Pounds, seventeen shil-
lings & four pence; and by fifty eight Thousand one hundred &
sixty five Pounds, sixteen shillings & a half penny. Outstanding
of the Taxes, & by four hundred & eighty four Pounds thirteen
shillings & two pence Outstanding of Tonnage Money. All which
Sums amount to one hundred & forty seven thousand seven hun-
dred ninety nine Pounds two shillings to ballance the foregoing
Charge of Last Emission.

The Com*^®* are therefore of Opinion that the said William Foye
Esq"" Treasurer be discharged of the Sum of Eighty four Thousand
seven hundred & fifty four Pounds fifteen shillings & five pence
half penny Bills of the last Emission, being for sundry Payments
he has made, and also the Sum of Four thousand three hundred
ninety three Pounds seventeen shillings & four pence Bills burnt
by the Com""^

And that the said Treasurer be further Accountable for the Bills
remaining in his hands as abovementioned, viz*- for Five Thousand
Two Hundred ninety two Pounds five shillings & Seven pence. Old
Tenor & for Nine Thousand eight hundred eighty nine Pounds five
shillings & one penny. Middle Tenor

And that he be further Accountable for the Several Sums above
mentioned that are Outstanding in Taxes when received in, being
Four thousand five hundred & Eighty Pounds ten shillings, & three
pence Old Tenor, & for Tw^o thousand & ninety five Pounds seven
shillings middle Tenor, and for fifty eight thousand one hundred
& sixty five Pounds, sixteen shillings & a half penny last Emission
& also for Four hundred eighty four Pounds thirteen shillings &
two pence, last Emission for so much outstanding of Tunuage
Money

We find also that the said Accomptant dischargeth himself by

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 619

One hundred Ounces of Silver fa) % paid Samuel Welles Esq'' &
Commissioners on the Affair of the Province to New York is Thirty
three Pounds, six shillings & eight pence, and also by so much Gold
& Silver in hand as amounts to Two thousand Six hundred & nine-
teen Pounds & nine shillings for which he is further accountable,
to ballance the foregoing Charge of Gold & Silver & also further
accountable for two hundred & six Crowns 7 Sols French Coin
remaining in his Hands. The Com""^ are further of Opinion

that the Treasurer be directed in the next Accompt made when
the Bills of the Old Tenor, when the Bills were to be drawn into
the Denomination of the Kew Tenor or last Emission, & that in
adjusting the Same regard be had to the Difference allow'd him in
this Accompt, between the middle Tenor & New Tenor, all which
is humbly submitted.

Tho. HuTCHiisrsoK per Order,
Read & Accepted with the following Amendment viz' that the
Treasurer be directed to bundle up the Bills in hand of the several
Denominations in several Bundles for the Examination & disposi-
tion of this Court, and the Treas"" is discharged of the above written
Sums accordingly.' [^Passed April 7,

CHAPTER 197.

ORDER ACCEPTING REPORT OF COMMITTEE ON THE TREAS^^ GENERAL
ACCOT ENDING MAY 1749.

The Com''''"^ to whom was refer'd the Examination of the Accompts Legislative
of William Foye Esq"" Treasurer & Receiver General within the Prov- councif xix!*^
ince of the Massachusetts Bay in New England, begin^ May 1748, ^i- Mass.
& ending 31^* May 1749, having attended that Service upon exaniin- cxxiv., 319-321.
ing the Same find them right Cast & well vouch'd, by which it ap- Mass.
pears that the said Accomptant chargeth, himself with the Sum of ^x^xiv^¥77-32i
Four thousand five hundred & eighty Pounds ten shillings & three .swpra.'chap.
pence so much rendered Outstanding of the Taxes, Old Tenor, and c^ap. 198^"'
also with the Sum of two Thousand & ninety five Pounds seven shil-
lings, being so much rendered outstanding of the Taxes middle Tenor

And that he further chargeth himself with the Sum of Fifty eight
Thousand one hundred & sixty five Pounds sixteen shillings & a
half penny rendered Outstanding of the Taxes last Emission, also
with the Sum of Ninety five Thousand five hundred & eight Pounds
five Shillings for a Tax granted by the General Assembly May 1748,
also with the Sum of Two Thousand & eighty one Pounds fourteen
shillings & two pence rec^' of the several Commissioners of Excise,
also with tlie Sum of Five Pounds received for Fines, also with the
Sum of Five hundred forty nine Pounds one shilling & three pence
rec*^ of Thomas Hubbard Esq"' & Com"'^ on Account of Cloathing sold
at publick Sale & four hundred Pounds rec'^ back of Eliakim Hutch-
inson, Esq"" on Account of what he received for the Canada Expedi-
tion, & two Thousand Pounds rec'' of the Com'^'' of War for Stores,
sold on Account of the said Expedition, and also Five hundred &
fifty Pounds rec*^ of Thomas Hubbard Esq'' & Com''^ on Account
of the Sale of the Boston Pacquet, & Seven Pounds ten shillings

* Not found in the House Journal.

620 Frovince 'LAws(Iiesolves, etc.). — 1751-52. [Chap. 197.]

rec'' back of Capt William Eichardson, so much over paid on Ser-
geant Houghtons Roll.

Also four Thousand & twenty three Pounds six shillings & six
pence, received of Daniel Russell Esq'' Commissioner of Impost, &
thirty one Thousand four hundred & fifty Pounds Province Bills
last Emission received of the Com'*® for signing and also Two
Thousand five hundred & sixty Pounds fourteen shillings & seven
pence farthing received by him as one of the Commissioners ap-
pointed by the General Court to bring to an End the £100,000
loan, & Four hundred eighty four Pounds thirteen shillings &
two pence, Tunnage Money rendered Outstanding, & seventy one
Pounds twelve shillings & ten pence, Tunnage Money returned
since Last Accompt, from the several Sea Port Towns, according
to Act. All which Sums together with the Sum of One Thousand
three hundred & twenty three Pounds one shilling & four pence,
three farthings, which said Accomptant chargeth himself in lieu
of £5,292.5.7 Old Ten^ Bills in hand to ballance Last Accompt,
also seven thousand four hundred & sixteen Pounds eighteen shil-
lings & nine pence, three farthings L. E.^ so much being equal to
£9,889.5.1 middle Tenor, Bills in hand to ballance last Accompt
bearing Date May 25, 1748, amount in the whole to the Sum of
Two hundred & six Thousand five hundred & ninety seven Pounds
thirteen shillings & nine pence farthing Last Emission The said
Accomptant also chargeth himself for Gold & Silver in liand p
last Accompt Two Thousand six hundred & nineteen Pounds nine
shillings according to Act & for 206 Crowns 7 Sols French Coin.

The Com""' find that the said Accomptant dischargeth himself by
sundry Payments & Disbursem'' made by Order of His Excellency
the Governour, with the Advice of the Council amounting to the
Sum of Eighty eight Thousand, one hundred & ten Pounds five
shillings & eleven pence, three farthings last Emission, also by
Bills burnt of the Several Denominations & reduced to Last Emis-
sion, make Five thousand three hundred & twenty Pounds, four
shillings & two pence & by One liundred & eight Thousand nine
hundred & nine Pounds & four pence % outstanding of the Taxes,
L. E.' & by three hundred & twelve Pounds three shillings & seven
pence Outstanding of Tunnage Money & by three thousand nine
hundred & forty five Pounds nineteen shillings & seven pence half
penny. Bills received by Taxes & Impost, Excise &c. in his hands.
All which Sums amount to the Sum of Two hundred & six thou-
sand five hundred & ninety seven Pounds thirteen shillings & nine
Pence, half peny to ballance the foregoing Charge of Last Emis-
sion And that he further dischargeth himself by One thou-
sand eight hundred & ninety three Pounds thirteen shillings, Out-
standing of the Taxes, & by two hundred & one Pounds fourteen
shillings in hand, both which Sums amount to Two Thousand &
ninety five Pounds seven Shillings to ballance the forgoing Charge
of midle Tenor

He further dischargeth himself by Four Thousand two hundred
& fifty six Pounds two shillings & three pence Outstanding of Taxes
& by three hundred & twenty four Pounds eight shillings Bills in
hand, both which Sums amount to four Thousand five hundred &
eighty Pounds ten shillings & three pence, to ballance the foregoing
Charge of Old Tenor.
• The Com"'* are therefore of Opinion that the said William Foye

* Last Emission.

[3d Sess.] Province Laws {Resolves^ etc.). — 1751-52. 621

Esq"' Treasurer be discharged of the Sum of Eighty Eight Thou-
sand one hundred & ten Pounds five shilP & eleven pence % Bills
of the Last Emission being for sundry Payments he has made &
also of the Sum of Five Thousand three hundred & twenty Pounds
four shillings & two pence, Bills burnt by a Com'^^ of the General
Court, and that the said Treas' be further Accountable for the Bills
remaining in his hands above mentioned, viz' for three hundred &
twenty four Pounds eight shillings old Tenor, & for two hundred

6 one Pounds fourteen shillings middle Tenor & for three thousand
nine hundred «& forty five Pounds nineteen shillings & seven pence
half penny L E.'

Also that he be further accountable for the Several Sums above
mentioned that are Outstanding in Taxes when received in, viz* for
four Thousand two hundred & fifty six Pounds two shillings & three
pence, Old Tenor, and for One thousand eight hundred ninety three
Pounds, thirteen shillings middle Tenor, & for One hundred & eight • ,

Thousand nine hundred & nine Pounds & four pence three farth^*
last Emission.

We find that the said Accomptant dischargeth himself by One
hundred Ounces of Silver paid Andrew Oliver Esq"" & Commis-
sioners to go to Albany at % is Thirty three Pounds six shil-
lings & eight pence, and by so much Silver & Gold in hand as
amounts to Two thousand five hundred eighty six Pounds two
shill»* & four pence for which he is further accountable to ballance
the foregoing Charge of Gold & Silver, and also for 206 Crowns

7 Sols French Coin, & that the Treasurer be Accountable for what
may yet be unpaid on the several Muster Rolls

In the Name & by Order of the Com''*'' Tho. Hutchinson
Read and Accepted and the Treasurer is discharged of the above
written Sums accordingly.* [^Passed April 7.

CHAPTER 198.

ORDER ACCEPTING REPORT OF COMMITTEE ON THE TREAS^s GENERAL
ACCOT ENDING MAY 1750.

The Com'^'^^ to whom was refer'd the Examination of the Accomjits Legislative
of William Foye Esq^ Treasurer & Receiver General of His Majestys councn" xix!l^

Revenues within the Prov'='' of the Massachusetts Bay in New Eng- ^_^ .

land, beginining ,31"* May 1749, & ending 30"^ May 1750, having gf™^^j!^P-
attended that Service upon examining the same find them right chap. 199.
cast & well vouch'd, by which it appears that the said Accomptant
chargeth himself with the Sum of Four thousand two hundred &
fifty six Pounds two shillings & three pence so much render'd Out-
standing of the Taxes, Old Tenor, also with the Sum of One Thou-
sand eight hundred & ninety three Pounds thirteen shillings being
so much rendered outstanding of the Taxes midle Tenor

He further chargeth himself with the Sum of One hundred &
eight thousand nine hundred & nine Pounds and four pence three
farthings rendered Outstanding of the Taxes last Emission, & with
the Sum of Seventy eight thousand five hundred & seventy two
Pounds seventeen shillings & six pence last Emission for a Tax
granted by the General Court December 1748, & with the Sum of

' Last Emission.

' Not found in the House Journal.

622 Province Laws {Resolves ,etc.). — 1751-52. [ Chap . 198.]

Four thousand five hundred & fifteen Pounds two shillings received
of the several Commissioners of Excise, & twenty twq Pounds four
shillings received for Fines, also with the Sum of One hundred &
thirty Pounds eight shillings & nine Pence rec'^ of Thomas Hub-
bard Esq'' & Com'™ in full for the Sale of the Boston Pacquet, &
Fifty two Pounds five shillings rec'^ of Nicholas Eaton of Salisbury
for Lands mortgaged by Joseph Eaton of said Town, & two hun-
dred twenty three Pounds fifteen shillings received back of Sam^
Watts Esq"" & Com*®® for enlisting Men for the Frontiers, & Fifty
Pounds received of Grace Parker in part of what she received to
encourage the Manufacture of Stone Ware, & one hundred ninety
four Pounds three shillings & %^Y2 penny, received of John Payne
Deputy Regisf of the Admiralty so much Lodged in his hands on
Acco' of Seizures, & Two Thousand five hundred & thirty Pounds
fourteen shillings & nine pence % received of the Com*®® of War
for Provisions &c. sold by them, and Fourteen Pounds five shillings
rec*^ of Daniel Drewry for seventy six Acres of Land at Narraganset
Number 2, & thirty Pounds received of John Choat Esq'' on Account
of what he received as Commissioner for Canada, Also three thou-
sand nine hundred & eighty four Pounds 19/3 received of Daniel
Russell Esq'' Commissioner of Import, & three hundred & twelve
Pounds three shillings & 7 Pence Tunnage Money rendered out-
standing & ten Pounds seventeen shillings Tunnage Money returned
since Last Accompt, all which Sums together with the Sum of Eighty
one Pounds two shillings, so much being equal to £324.8 Old Tenor
Bills, & One hundred & fifty one Pounds five shillings & six pence
being equal to £201.14/ middle Tenor Bills in hand to ballance last
Accompt, & three thousand nine hundred & forty five Pounds, nine-
teen shillings & seven pence % penny last Emission, Bills in hand
to ballance Last Accompt bearing Date 31, May 1749, amount to the
Sum of Two hundred & three Thousand seven hundred & thirty one
Pounds three shillings & two pence % last Emission

The said Accomptant chargeth himself for Gold & Silver in hand
per last Accompt Two thousand five hundred & eighty six Pounds
two shillings & four pence & two hundred & six Crowns 7 Sols
French Coin.

The Com""® also find that the said iVccomptant dischargeth him-
self by sundry Payments & Disbursments made by Order of the
Governour with the Advice of the Council amounting to Forty six
thousand nine hundred & forty seven Pounds three shillings & two
Pence also by Bills burnt of the several Denominations & reduc'd to
last Emission is Ten thousand one hundred & seventy eight Pounds
six shillings & eight Pence, & by Three thousand & forty six Pounds
ten shillings last Emission paid for Gold, & by One hundred & four-
teen thousand two hundred & fifty five Pounds eighteen shillings &
eight pence, V2 outstanding of the Taxes, & by Two hundred & thirty
six Pounds 5/10 outstanding of the Tunnage Money, & by Thirty
one Thousand seven hundred & sixty six Pounds 18/101/4 Bills re-
ceived in by Taxes, Impost Excise &c. in his Hands, All which Sums
are two hundred & three thousand seven hundred & thii-ty one Pounds
three shillings & two pence % to ballance the foregoing Charge of
Last Emission.

And that he further dischargeth himself by one Thousand seven
Hundred & seventy four Pounds & nine pence Outstanding of the
Taxes, & One hundred nineteen Pounds 12/3'' Bills in his Hands
to ballance the foregoing Charge of middle Tenor.

[3d Sess.] Province Laws {Resolves, etc.). — 1751-52. 623

And that he further dischargeth himself by three Thousand three
hundred & sixteen Pounds five shillings & 7*^ Outstanding of the
Taxes, & by Nine hundred & thirty nine Pounds sixteen shillings
& eight pence, Bills in hand to ballance the foregoing Charge of
Old Tenor

The Com"^ are of Opinion that the said William Foye Esq"" Treas-
urer be discharged of the Sum of Forty six thousand nine hundred
& forty seven Pounds three Shillings & two pence Bills of the Last
Emission being for sundry Payments made, & also of Ten thousand
one hundred & seventy eight Pounds, 6/8 Bills burnt by a Com""^
of the General Court, & three hundred & forty six Pounds ten shil-
lings paid for Gold & that the Treasurer be further accountable for
the Bills remaining in liis hands & for the several Sums yet outstand-
ing as above mentioned & for what may be unpaid on the several
Muster Polls.

The said Accomptant further dischargeth himself by Twenty two
hundred & fifty Pounds eleven Shillings Gold & Silver paid as per
Accompt, and by three hundred & thirty five Pounds eleven shil-
lings & four pence so much Gold & Silver in hand for which he
is further accountable to ballance the foregoing Charge of Gold &
Silver & also for 206 Crowns 7 Sols French Coin.

In the Name & by Order of the Com""^ T. Hubbard

Read &

Ordered that this Report be accepted, & thereupon

Ordered that the Treasurer lay before this Court an Account of the
several Persons born on the several Muster Rolls to whom Payment
has not been made & that he make himself Debtor for the Same,
& that in his future Accompts he make Charge of Actual Payments
only, & that he be discharged of the above written Sums.' \^Passed
April 7.

CHAPTER 199.

ORDER ACCEPTING REPORT OF COMMITTEE ON THE TREAS^^ GENERAL
ACCQT FOR MAY 1751.

The Com'^'''' to whom was ref er'd the Examination of the Accompts Legislative
of William Foye Esq"" Treasurer & Receiver General of his Majesties coundf, xlx^^
Revenues within the Province of the Massachusetts Bay, in New Eng- 445. Mass.'
land begining ,31 May 1750, & ending 30"" May 1751, having attended cxxiv^^34i, 342.
that Service upon Examining tlie Same find them right cast & well Mass.
vouch'd by which it appears that the said Accomptant chai-geth him- ;^^xiv^3^>2-342
self with the Sum of £3,316.5.7 so much rendered outstanding of SMp»-a,' chap-
the Taxes Old Tenor, & £1,774.0.9 outstanding of the Taxes middle ^^^•
Teunor & with the Sum of £114,355.18.81/^ rendered Outstanding
of the Taxes last Emission, also with the Sum of £5,511.3.4 re-
ceived of the Commissioners of Excise, & with the Sum of £202.
18.9 received for Fines, & one thous'' nine hundred & fifty Pounds
five shillings & 11 pence, received of Daniel Russell Esq"" Commis-
sioner of Impost & £2,940 received of the Com"''' for signing Bills of
the Last Emision & £299.10.7 received of Samuel Miller Esq"" for
Lands sold at Hoosuck & with £799,0.2 Province Bills so much un-
paid on the several Muster Rolls & £236.5.10 Tunnage Money Out-

^ Not found in the House Journal.

Q24i Frovince LiAWS (Besolves, etc.). — 1751-52. [Chap. 199.]

standing per Last Accompt, & £7.18.6 Tunnage Money since rec*^
all which Sums together with the Sum of Two hundred thirty
four Pounds 19/2'^ equal to £939.16.8 Old Tenor, Bills in hand to
ballance Last Accompt, & eighty nine Pounds fourteen shillings
& two pence farthing equal to £119.12.3 middle Tenor, Bills in
his hands, & thirty one Thousand seven hundred sixty six Pounds
eighteen sliill^* & ten pence half penny Last Emission Bills to bal-
lance Last Accompt bearing Date 30"' May 1750, amount to the Sum
of One hundred fifty eight Thousand two hundred & ninety four
Pounds fourteen shillings i/4 last Emission The said Accompt-

aut chargeth himself for Gold & Silver in hand per Last x4ccompt,
£335.11.4 & 206 Crowns 7 Sols French Coin.

The said Accomptant dischargeth himself by sundry Payments
by Order of His Honour the Lieutenant Governour with the Advice
of the Council £99.6.7, Bills burnt by a Com"® of the General
Court, Fifty thousand five hundred ninety eiglit Pounds 6/8 By
paid Simeon Hoxie for Bills burnt in his House £70.5/ & Tunnage
Money refunded John Euddock £7.10 & by One hundred sixty
two Pounds % yet outstanding in Tunnage Money & Thirty five
Thousand & eighty Pounds 14/9% last Emission, Outstanding in
Taxes, & by seventy two thousand Two hundred seventy six Pounds
seven shillings & seven pence half penny Bills received in by Taxes,
Excise Impost, &c. in his hands amount to the Sum of £158,294.
14.0^4 to ballance the foregoing Charge of Last Emission.

He further dischargeth himself by £1,744.18.3 Outstanding of
the Taxes & by £29.2.6 Bills in hand to ballance the foregoing
Charge of middle Tenor, also he dischargeth himself by £2,952'
Outstanding in Taxes, and by £364.2/ Bills in hand to ballance
the foregoing Charge of Old Tenor.

The Com"" are of Opinion that the said William Foye Esq^ Treas""
be discharged of the Payments &c above mentioned & be further
accountable for the Bills in hand & the Taxes yet Outstanding &
also for £335.11.4 Gold & Silver in hand & for 206 Crowns 7 Sols
French Coin.

The said Accomptant chargeth himself with Nine thousand
Pounds, lawfull Money borrowed of sundry Persons ^ Order of
the General Court, and dischargeth himself of said Sum by sundry
Payments, made ^ Order of his Honour the Lieu' Governour with
the Advice of the Council, amounting to eight Thousand, eight
hundred & seventy nine Pounds nineteen shillings & nine pence
farthing, & by One hundred & twenty Pounds & two pence 3 far-
things, Ballance remaining in his hands for which he is further
Accountable.

T, Hubbard by Order of the Committee

Eead and

Ordered that this Report be accepted and the Treasurer is dis-
charged of the above Avritten Sums accordingly.'^ [Passed April 7.

1 The Mass. Archives reads £2,9r)2.3.7.
^ Not found in the House Journal.

RESOLVES, ORDERS, VOTES,

ETC.

Passed 1752-53.

[625]

LEGISLATIVE LIST'

175^-53

The Honorable SPENCER PHIPS, Esq., Lieut. Governor,

Captain-General and Governor-in-chief, etc.
JOSIAH WILLARD, Esq.,

SECRETARY OF THE PROVINCE.

COUNCILLOES OE ASSISTANTS.

Of the Inhabitants, of or Proprietors of Lands loithiji the Territory formerly
called the Colony of the Massachusets Bay ;

John Osborne
Ezekiel Lewis
Francis Foxcroft

JOSIAH WiLLARD

Jacob Wendell
Joseph Wilder
Benjamin Lynde
Daniel Kussell
Samuel Danforth

John Greenleaf
Samuel Watts
John Quincy
John Chandler
'EsQRS. Ezekiel Chever

Andrew Oliver
Joseph Pynchon
Thomas Hutchinson
Stephen Sewall

'Esqrs.

Of the Inhahitants of or Proprietors of Lands within the Territory formerly
called the Colony of New Plymouth ;

John Gushing )^ Sylvanus Bourn \-

George Leonard

Esqrs,

John Otis

■Esqrs.

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

Sir William Pepperell, Baronet, John Hill & Jabez Fox, Esqrs.

Of the Inhabitants of or Proprietors of Lands luithin the Territory lying
between the River of Sagadahoch & Nova Scotia ;

John Wheelwright, Esq.

1 See Legislative Records of the Council, xix., 448-451.

[6271

628 Province Ijav^^ {Resolves, etc.). — 1752-53. [Representatives.]

For the Province, at large : —
James Minot & Isaac Royal, Esqrs.

REPRESENTATIVES OR DEPUTIES.

May 27, 1752 to AiJril 13, 1753.

Mr. THOMAS HUBBARD, Speaker.

County of Suffolk.

Boston, . . . James Allen, Esq.,

Thomas Hubbard, Esq.,
Mr. John Tyng,
Mr. Harrison Gray.

Roxbiiry, . . Mr. Joseph Williams.

Dorchester, . . Mr. Thomas Trott.

Milton, . . . Samuel Miller, Esq.

Braintree, . . Mr. John Ruggles.

Hingham, . . Mr. Jacob Gushing.

Deadham, . . Joseph Richards, Esq.

Medfield, . . Mr. Ephraim Cheney.

Wrentham, . . Mr. John Goldsbury.

Needham, . . Mr. AVilliam Bowdoin.

County of Essex.
Ipswich, . . Francis Cogswell, Esq.
Newbury, . . Mr. Richard Kent.
Andover, . . Capt. Josejjh Fry.
Beverly, . . Capt. Joseph Herrick.
Lyn, .... Capt. Benjamin Newhall.
Bowley, . . . Mr. Thomas Lancaster.
Salisbury, . . Mr. Aljraham Morrell.
Haverill, . . Nathaniel Peaslee, Esq.
Olocester, . . Capt. James Davis.
Amesbury, . . Mr. Isaac Merrell.
Bradford, . . Capt. Benjamin Millakim.

County of Middlesex.
Cambridge, . Edmund Trowbridge,

Henry Vassall, Esq.
Charlestown, . Isaac Roj^al, Esq.
Watertown, . Mr. John Hunt.
Concord, . . Chambers Russell, Esq.
Wobourn, . . Mr. Edward Walker.
Beading, . . Cajit. Ebenezer Nichols.
Newton, . . lleniy Gibbs, Esq.
Sudbury, . . Ephraim Curtis, Esq.
Marlborough, . Mr. Samuel Witt.
Orot07i, . . . William Lawrence, Esq.

County of

Billerica, .
Framingham,
Lexington, .
Clemsford, .
Sherburne,
Maiden, .
Weston, . .
Waltham, .
Westford, .
Stow,

Middlesex — Concluded.
. Capt. Ephraim Kidder.
. Joseph Buckminster, Esq.
. Capt. Benjamin Read.
. Mr. Eprahim ' Spaulding.
. Isaac Coolidge, Esq.
. Bernard Townsend, Esq.
. Mr. Elisha .lones.
. Capt. Samuel I.,ivermore.
. Thomas Reed, Esq.
. Mr. Abraham Witney.

County of Hampshire.

Springfield, . John Worthington, Esq.

Northampton,
Hadley, .
Deerfield, .
Sheffield,
Stockbridge,

Mr. Giddeon Lyman.
Eleazer Porter, Esq.
Elijah Williams, Esq.
Capt. John Ashley.
Mr. Timothy Woodbridge.

County of Worcester.

John Chandler, Jr., Esq.

Joseph AVilder, Jr., Esq.

Thomas Steel, Esq.

Mr. John Murray.

Mr. William Down.

Mr. Phineas Haywood.

Mr. Duncan Campbel.

Mr. Daniel Peirce.

Edward Baker, Esq.

Capt. Nathaniel T^der.

Mr. Benjamin Woodbuiy.
Southburrough, Capt. Timothy Brigham.
Bolton, . . . Mr. John Wetcomb.
Stu7'bridge, . Mr. Moses Marcy.

County of Plimouth.
Plymouth, . . Mr. Edward Winslow.
Scituate, . . Mr. Ensign Otis.
Duxhury, . . Gamaliel Bradford. Esq.

Worcester, .
Lancaster, .
Leicester, .
Rutland,
Lunenbiirg,
Shrewsbury,
Oxford, .
Harvard, .
Westbor rough,
Mendon,
Sutton, . .

Sic, for Ephraim.

[Representatives.] Province \^\\n% {Resolves, etc.). — 1752-53. 629

County of Plimouth — Concluded.
Marskfield, . . John Winslow, Esq.

Bridgewater,
Pembrook, .
Rochester, .
Hanover,

. Capt. Josiah Edson.
. Mr. Israel Tux-ner.
. Mr. Elisha Barrow.
. David Stockbridge, Esq.

County of Barnstable.

Barnstable, . . James Otis, Esq.
Sandwich, . . Mr. Timothy Buggies.
Yarmouth, . . Mr. Joseph Hall.
Eastham, . . Mr. John Freeman.

County of Bristol.
Taunton, . . Samuel Wliite, Esq.
Rehobolh, . . Mr. Israel Nicholas.
Dartmouth, . . Capt. Nathaniel Sole.

County of Bristol — Concluded.
Norton, . . . Epliraim Leonard, Esq.
Dighton, . . . Ezra Richmond, Esq.
Attleborough, . Mr. Benjamin Day.
Swanzey. . . Mr. William Slade.

County of York.
York, .... Joseph Plaisted, Esq.
Kittery, . . . Richard Cutt, Jr., Esq.
Wells, . . . Mr. Nathaniel Wells.
Falmouth, . . Jabez Fox, Esq.
Scarborrough, . Mr. Edward Millakim.
Berwick, . . . Mr. William Gerrish.

In the County of Nantucket.

Sherburne, . . Mr. Abishai Folger.

RESOLVES, ORDERS, VOTES, ETC.

Passed at the Session begun and held at Boston,
ON the Twenty- seventh Day of May, A.D. 1752.

CHAPTER 1.

ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO ESTHER STONE.

A Plat of Two Hundred Acres of Land laid out by Jonathan Legislative
Livermore Survey^ & two Chain Men upon Oath to fulfill a Grant councu.xLT
made in the Year 1750, unto Esther Stone, in the room of Two 453. Mass.
hundred Acres formerly laid out to her late Husband which hap- xivi., 270'
pens to fall within the Bounds of Leominster, begining at a Heap Mass.
of Stones on Leominster Line, thence runing Northerly on said ^M^^m
Line One hundred Eighty Rods to a Stake & Stones supposed to House Jour-
be the South Corner of a Tract of Land call'd Flaggs Farm, thence ^n<efp. 46i,
runing Westerly by said Farm Two hundred Rods to a Chesnut Tree, ^^^^- ^^°*
Then South 37. Degrees West One Hundred & sixty eight Rods to
a Heap of Stones, & thence to the Place where it began.

Read and

Ordered that the within Plan be accepted and the land herein
delineated and described be and hereby is Confirmed to the within
named Esther Stone Her Heirs and Assigns forever. Provided the
same does not exceed tAvo hundred Acres, and does not interfere
with any former Grant. [Passed May SO.

CHAPTER 2.

ORDER CONFIRMING A PLAT OF 300 ACRES OF LAND TO M^ BENJ*

RUGGLES.

A Plat of Three hundred Acres of Land laid out by Abner Lee Legislative
Suveyor & Chain Men on Oath to fulfill a Grant made in January couS xfx!!^
last to M' Benjamin Ruggles of Middleborough lying on the West fl-^J:^^^^-
Side of Paquig Township, begining at a White Pine Tree four xivi., 272.'
Rodds from a small Brook, thence runing North 45 Deg. East, Mass.
One Hundred & two Rods to a Beach Tree & Stones, Thence East, ^^^fH^I^.^^
Two Thousand & ninety eight Rods, to a Stake & Stones on the kouse^ Jour-
West side of Paquoig, thence South with the said Line One hun- AMte,^p. 577, "
dred & forty eight Rods to a Hemlock & Stones, thence West Four chap. 99.
hundred & forty six Rods, to a small beach Tree & Stones, thence
North 45 Deg. East One hundred & eighty Rods to the Corner first
mentioned

Read and

Ordered that the within Plan be Accepted, and the land herein

[631]

632

Province Laws {Resolves^ etc). — 1752-53. [Chaps. 3-5.]

Legislative
Records of tlie
Council, xix.,
454. Mass.
Archives,
xlix., 346.

House Jour-
nal, p. 11.
Infra, chap. 4.

Legislative
Records of the
Council, xix.,
454. Mass.
Archives,
xlix., 345.

delineated and described, be and hereby is Confirmed to the within
named Benjamin Ruggles His Heirs and Assigns for ever. Provided
He diiely Performs the Conditions of the Grant, and the Quantity
of Land does not Exceed three hundred Acres, and does not inter-
fere with any former Grant. [^Passed May 30.

CHAPTER 3.

VOTE ALLOWING £40 TO MR SECRETARY WILLARD.

Voted that the Sum of forty pounds be allowed out of the Treas-
ury to M^ Secretary Willard to Enable him to pay an Assistant in
His Office for one Year ending the 12^'^ of June next. [^Passed
June 2.

CHAPTER 4.

VOTE AUTHORIZING A CLERK FOR THE SECRETARY.

nai^if if^'^" Voted that it is expedient that the Secretary procure a Clerk to

,srMpro,chap.3. Assist him in His Office; And that He be directed to procure one
accordingly. \^Passed June 2.

CHAPTER 5.

Legislative
Records of the
Council, xix.,
4.55. Mass.
Archives,
xviii., 857.

Mass.
Archives,
xviii., 856.
House Jour-
nal, pp. 11, 14.
Province
La\vs,ii., 151,
Chap. 10.

VOTE IMPOWERING PHILIP GODFRID KAST, GUARDIAN, TO JOIN IN SALE
OF REAL ESTATE AND EXECUTE DEEDS THEREFOR.

A Petition of Philip Godfrid Kast, shewing that his Son Thomas
Kast in Eight of his Mother dec*^*, together with Jonathan Cary &
Elisabeth his Wife, & Eachel Roby, as they be the legal Descendants
of their Grand mother Elisabeth Procter dec'^ are justly intitled to
two seventh parts of a Wooden Messuage & Land in Fish Street in
Boston, which House stands in need of Repair, & therefore praying
that the Petitioner as Guardian to his Son (a Minor) may be impow-
ered by this Court to Join with the other Heirs in selling said House
& Land,

Read and

Voted that the Prayer of this Pet° be granted and that the Pef
in his Capacity be and He hereby is Authorized to Joyn with the
other Relatives and Coheirs in the Sale of the within mentioned
Premises for the most that may be and to Execute a good and suffi-
cient Deed or Deeds of Conveyance of the same. They giving pub-
lick Notice thereof (previous to the Sale) in time and manner as
prescribed in the Law of this Province in such Cases. They

first giving sufficient Caution to the Judge of Probate for the
County of SufEolk, that the proceeds of such Sale shall be duely
applyed and put out at Interest for the benefit of the within named
Thomas Cast ' the Minor : And that both Principal and Interest be
delivered him (necessary Charges being first deducted) When He

> Sic.

[1st Sess.] Frovii^ce L,aws {Besolves, etc.). — 1752-53. 633

shall arrive at Lawful Age, the said Guardian to be accountable to
the Judge of Probate for the time being of the County aforesaid
for his Proceedings in the Premisses. [Passed June 2.

CHAPTER 6.

ORDER IMPOWERING SARAH BRADFORD, GUARDIAN, TO SELL REAL
ESTATE AND EXECUTE DEEDS THEREFOR.

A Petition of Sarah Bradford Widow of Nathaniel Bradford late Legislative
of Plymouth Dec*^ Intestate & Guardian of his Children, shewing counc*if xix!^^
that the said Nathaniel died seized as Tenant in Common with Wil- ^s"- Mass.
liam Bradford of Kingston, & Lydia Wife of Lazarus Le Baron of xviii., ses.
Plymouth, of Lands & Tenements lying in Kingston aforesaid that Mass. ' '
the Buildings are much out of Repair, & upon divers Accounts, it xvm'^®^^'
will be most for the Advantage of the Minors aforesaid that their House Jour-
Parts should be sold, therefore praying that she may be impowered province ' '
to sell her late Husbands Literest in the said Estate accordingly chapSo''^^^'

Read and

Ordered that the Prayer of this Petn be so far granted as that
the within named Sarah in her Capacity as within mentioned be
and She hereby is Impowered to make Sale of the said Nathaniel's
part of the Premisses mentiond and to Execute a good Deed or Deeds
thereof, She observing the Directions of the Law in such Cases;
and first giving sufficient Caution to the Judge of Probate for the
County of Plym^*^ that the Proceeds arising by said Sale, two thirds
thereof to be placed at Interest for the benefit of said Minors, and
the Interest of the other third to be for the Use and Benefit of the
said Sarah during her Natural Life, and after her Decease, the prin-
cipal to revert to the said Minors, and be divided Among them ac-
cording to Law. The said Adm^ and Guardian to be accountable
to the Judge of Probate for the time being of the County aforesaid,
for her proceedings in the Premisses. [Passed June 3.

CHAPTER 7.

ORDER FOR REPAIR OF BRIDGE OVER NEPONSET RIVER.

On the Remonstrance of the Town of Dorchester Read & R|ford"of^the

Ordered that this Petition [ante, p. 593, chap. 140] & the Answer Council, xix.,
thereto be revived; And the Matter being fully considered Archives?'

Resolved the Bridge over Neponset River refer'd to in the Peti- cxxi., 280.
tion is & ought to be accounted a County Bridge; And the Justices ^f^^-^^g
of the County of Suffolk are hereby ordered to take effectual Care cxxi.,277'.
that the said Bridge be forthwith put into good Repair accordingly. ^n°i"p^ fs""^^'
[Passed June 3. ' ^^j^; P-pSss,

* This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 4.

634

Province Laws {Resolves, etc.) . — 1752-53. [Chaps. 8-10.]

Legislative
Records of tiie
Council, xix.,
457.

Mass.
Archives,
cxvi., 200, 201.
House Jour-
nal, pp. 15, IS.

CHAPTER 8.

VOTE AUTHORIZING A TOWN MEETING TO BE CALLED AT FREETOWN.

A Petition of Ebenezer Hathway & divers other Inhabitants of
tlie Town of Freetown shewing that by Reason of Disputes & Con-
troversies between the Inhabitants of said Town at their Anniver-
sary Meeting in March last, The Meeting broke up before they had
chosen their Officers for managing the Atfairs of said Town, & there-
fore praying that they may be impowered to call another Meeting &
therein to transact those Affairs that are necessary for the said Town
to do, In the House of Eepresent'*^^

Read &

Voted that the Select Men of the Town of Freetown for the Year
1751, be & hereby are impowered to issue their Warrant directed to
the Constable of the said Town for the Year 1751, to call a Town
Meeting as soon as may be to make Choice of the several Town
Officers for the Year Current which should have been chosen in
the Month of March last "'^" and the said Town Officers when chosen
shall be as much obliged to all Intents & Purposes to serve in the
said Offices to which they shall be respectively chosen as tho' they
had been chosen in the Month of March last In Council Read

& Concur'd with the Amendm* at "'*■" viz*: and the said Constable is
hereby impowered & required to notify the Inhabitants accordingly.
\^Passed June 4}

CHAPTER 9

Legislative
Records of the
Council, xix.,
459.

House Jour-
nal, p. 24.
Province
Laws, iii., G63,
note.

VOTE APPOINTING A COMtee FOR FARM" OUT THE EXCISE IN SUFFOLK

COUNTY.

In the House of Represent^®^
Voted that M' Speaker & M' Allen, with such as the Hon^'^ Board
shall join be a Com""" to farm out the Excise for the County of Suf-
folk. In Council Read & Concur'd & Jacob Wendell Esq'' is
joined in the Aifair. S^Passed June 4.

CHAPTER 10.

Legislative
Records of the
Council, xix.,
459. Mass.
Archives,
cxix., 5.57''.

House .Jour-
nal, p. 24.
Province
Laws, iii., 663,
note.

VOTE APPOINTING A C0Mt=e FOR FARM» OUT THE EXCISE IN ESSEX

COUNTY.

In the House of Rep"*^^

Voted that Cap' Davis and Cap* Newhall with such as the Hon**^^
Board shall Joyn be a Comm'^® to Farm out the Excise for the County
of Essex

In Councill Read and Concurrd & Benj'^ Lynd Esqr is joyned in
y*^ Affair. {^Passed June 4.

' This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is June 3.

[1st Sess.] Province Laws (^Resolves, etc.). — 1752-53. 635

CHAPTER 11.

VOTE APPOINTING A COM'^^e p-QR FARM« OUT THE EXCISE IN MIDDLE- Legislative

SEX COUNTY. Records of the

Council, XIX.,
459.

In the House of Eepresent^^* House Jour.

Voted that Major Lawrence & M"" Trowbridge with such as the provinct'
Hon''''' Board shall appoint be a Com"''' to farm out the Excise for Laws, m., 663,
the County of Middlesex In Council Eead & Concur'd & Ezekiel °°*®'
Chever Esq"" is joined in the Affair. \^Passed June 4.

CHAPTER 12.

VOTE APPOINTING A COM^ee fOR FARM^ OUT THE EXCISE IN HAMP- Legislative

SHIRE COUNTY. Records of the

Council, XIX.,
459.

In the House of Represent""' House Jour-

Voted that Col° Porter & Major Worthington with such as the pr|jv\'nce
Hon''''' Board shall join be a Com'"" to farm out the Excise for the Laws, iii., 663,
County of Hampshire In Council Read & Concur'd & Oliver °'**®"

Partridge Esq' is joined in the Affair. \^Passed June 4.

CHAPTER 13.

VOTE APPOINTING A COM^ee fqR FARM" OUT THE EXCISE IN WORCES- Legislative

TER COUNTY. Records of the

Council, XIX.,
459. Mass.

In the House of Rep"«^ fIi^H§-y

Voted that Cap* Wilder and M"" Steel with such as the Hon'''" Board House Jour.

shall Joyn be a Comm"* to Farm out the Excise for the County of nai, p. 24.

Worcester Eaw^rm..663.

In Councill Read and Concurrd & John Chandler Esq" is Joyned '*<'*^-

in the affair. \_Passed June 4,

CHAPTER 14.

VOTE APPOINTING A COM^ee FOR FARM« OUT THE EXCISE IN PLYM- Legislative

OUTH COUNTY. Coundf xix^*^^

459. Mass.

In the House of Rep""' ^Tx^Ytt.

Voted that Col° Bradford & M' Winslow with such as the hon'''" House Jour.
Board shall Joyn be a Committee to farm out the Excise for the nai, p. 24.
County of Plimouth. Laws^m., 663,

In Council Read & Concur'd & John Cushing Esq"" is joined in "°*^'^-
the Affair. {^Passed June 4.

636

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 15-18.]

CHAPTER 15.

Legislative VOTE APPOINTING A COM'^'^e j-qR FARM«^ OUT THE EXCISE IN BARN-
Records of tiie

Council, xix.,
459.

House Jour-
nal, p. 24.
Province

STABLE COUNTY.

In the House of Eepresent"^
Voted that Col" Otis & M' Freeman with such as the Hon''''' Board
Laws, iii., 663, shall ioin be a Com'*"" to farm out the Excise for the County of Barn-

note .

stable In Council Read & Concur'd & John Otis Esq'' is joined

in the Affair. [^Passed June 4.

CHAPTER 16.

Legislative
Records of the
Council, xix.,

459.

House Jour-
nal, p. 24.
Province
Laws, iii., 663,
note.

VOTE APPOINTING A COMTEK poR FARM« OUT THE EXCISE IN BRISTOL

COUNTY.

In the House of Eepresenf'''
Voted that Col° Leonard & Capt White with such as the Hon**'^
Board shall Join be a Com"*^ to farm out the Excise for the County
of Bristol. In Council Read & Concur'd & George Leonard

Esq"" is joined in the Affair. \^Passed Jtme 4.

CHAPTER 17

Legislative VOTE APPOINTING A COMtee poR FARM« OUT THE EXCISE IN YORK
Records of the

Council, xix.,

4.59.

House Jour-
nal, p. 24.
Province

COUNTY.

In the House of Represent'"'
Voted that Major Cut & Capt Plaisted with such as the Hon'''*
L.ws, iii., 663, Board shall join be a Com""* to farm out the Excise in the County
of York. In Council Read & Concur'd & John Hill Esq"' is

joined in the Affair. \^Passed June 4.

CHAPTER 18

VOTE APPOINTING A COM'^ee p-QR FARM" OUT THE EXCISE IN DUKES

COUNTY.

Legislative
Records of the
Council, xix.,
459. Mass.
Archives,
cxix., 557.

House Jour-
nal, p. 24.
Province
Laws, iii., 663,
note.

In the House of Rep"^'
Voted that Col" Mayhew and Cap* Norton with such as the Hon'''*
Board shall Joyn be a Comm*® to Farm out the Excise for the County
of Dukes County
In Councill
Read & Concurrd & Payne Mayhew Esq'' is Joyned in y* Affair.
\Pas8ed June 4.

[1st Sess.] Province Laws (^Besolves, etc.). — 1752-53. 637

CHAPTER 19.

VOTE APPOINTING A COM'^ee fqR FARM« OUT THE EXCISE IN NAN- Legislative

TUCKET COUNTY. Records of the

Council, XIX.,
459.

In the House of Eepresent"'''' House Jour-

Voted that j\P Folger, & M"" Richard Coffin with such as the Hon^^® provmct
Board shall join be a Com""' to farm out the Excise for the County Laws, in., 663,
of Nantucket. In Council Eead & Concur'd & Josiah Coffin ^^^'

Esq"" is joined in the Affair. [Passed June 4.

CHAPTER 20.

RESOLVE FOR CALLING A MEETING IN THE ELBOWS DISTRICT.

Whereas by an act made and passed at the Sessions of this Court ^^^^^!f*'^^th
in January last the Plantation Called the Elbows in the County of councir, xix.,
Hampshire was Erected into a Seperate District ' and invested with Archies?'
all the Priviledges that by Law Towns in this Province Enjoy that cxvi., 212.
of Sending a Eepresentative to this Court only Excepted but no Province ^
provision being made in Said Act for the Calling of the first meet- cha^!22;'ui'.
ing of the Inhabitants of Said new District Therefore ^^' °^^p- ^^•

Resolved that John Sherman Esq"" upon application to him made
for that purpose by five or more of the Inhabitants of said District
in Writing under their hands be & hereby is Enabled to issue his
Warrant to Some one of them requiring him to Warn and Give
notice to Said Inhabitants that they meet and assemble together at
Such Time and place and for Such purposes as shall be mentioned
in Such application and said Inhabitants So assembled Shall haue
full power to Act and Vote as Effectually as Towns in ordinary
Cases at their meetings ordered by their Select-men According to
the Directions of the Law are impowered to do." [Passed Jiuie 4.

CHAPTER 21.

ORDER ALLOWING £1. 18. 4 TO BENJAMIN BIGGLO.

A Petition of Benjamin Bigglo of Brooklyn praying to be Legislative
allowed for the Loss of Bills of Credit of this Province, accident- ^^^ncff, xiiH*"
ally Burnt by endeavouring to get out any Infection that might ^-^^^^ll^-
be in them, by holding them at the Fire ixxxvii.,'298.

Read and Mass.

Ordered that the Pef be allowed out of the Treasury One pound ^^xxvli^^29:.
eighteen Shillings and four pence in Lieu of the Loss of Bills of House Jour-
Credit with in mentioned. [Passed June 4. » .p- •

» The new district was called "Palmer." See Province Laws, iii., 599, chap. 15.
^ Not found in the House Journal.

638

Province Laws {Besolves, etc.). — 1752-53. [Chaps. 22-24.]

Legislative
Records of the
Council, xix.,
461. Mass.
Archives,
xviii., S60.

House Jour-
nal, pp. 13,23.
Province
Laws, il., 151,
chap. 10.

CHAPTER 22.

ORDER IMPOWERING SAM^ ADAMS, GUARDIAN, TO SELL REAL ESTATE.

A Petition of Samuel Adams Guardian of Nathaniel Brown a
Minor, only Child of Nathaniel Brown late of Ipswich dec'^ Intes-
tate, shewing that the Real Estate of the said Minor consists of
about 15 Rods of Land, an old dwelling House & dye Ship,' with
half a fulling Mill & Stream, All the Buildings so decayed as that
the Rent is not Sufficient to repair them, & therefore praying for
Liberty to sell them that so the Minor may be Supported & Educated.

Read and

Ordered that the prayer thereof be Granted and that the s'' sam^
adams in his said Capacity be and hereby is impowered to make sale
of the premisses in S*^ Petition mentioned and to make and Execute
a good and sufficant Deed or Deeds of the same he observing the
Directions of the Law made in the sixth year of the Reign of King
George the first Respecting the sale of Real Estats and Giveing suffi-
cient Caution to the Judge of Probate for the County of Essex that
the Produce arising by said sale that two thirds thereof be placed
at intrest for the use and Benefit of s'' Minor and the intrest of
the other third be for the use and Benefit of the present wife of
the Petitioner During her Natural Life and after her Decease the
Principal to Revert to the S*^ Minor and the s*^ sam^ Guardian as
afores*^ to be accountable to the Judge of Probate for s*^ County
for the time being of his proceeding in the premisses. \^Passed
June 4.

CHAPTER 23.

Legislative
Records of the
Council, xix.,
462.

Legislative
Records of the
Council, xviii.,
43. House
Journal, pp. 18,
23.

ORDER ALLOWING THE ACCOUNT OF THE TRUSTEES OF THE PUNCA-

PAUG INDIANS.

An Accompt presented by Samuel Miller & John Sheppard Esq*
Trustees for the Puncapaug Indians, of Receipts & Payments &
Disbursem'® for the said Indians from August 1746 to August 1751,
Ballance due to the Trustees being £64.16.5%

Ordered that the Accompt of the Trustees within mentioned be
allowed. & it appears that the Ballance thereof being Sixty four
Pounds, sixteen shillings, & five Pence three farthings is due to
the Trustees. \^Passed June 4.

CHAPTER 24.

Legislative
Records of the
Council, xix.,
462. Mass.
Archives,
ccxlviii., 46.

Mass.
Archives,
ccxlviii., 46.

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLESEX

COUNTY.

An Accompt of Daniel Russell Esq' Treasurer of the County of
Middlesex for the last Year, having been by him laid before the
Court of General Sessions of the Peace for the said County & by
them allowed.

Read and

Ordered that the within account be allowed And that the Ball*

* This word is intended for "Shop." — Mass. Archives, xviii., 861.

[1st Sess.] Province Laws {Resolves, etc.). — 1752-53. 639

thereof being Sixteen pounds twelve Shillings and Seven pence half ^aTppA2ii
penny The said Treasurer is further Accountable to said County for.
\^Passed June 4.

CHAPTER 25.

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF WORCESTER

COUNTY.

An Accompt presented by Daniel Haywood Treasurer of the Legislative
County of Worcester for the last Year, having been laid before coundf, x*ix!'f
the Court of General Sessions of the Peace for the said County & ^

by them allowed. House Jour-

Read & nal.pp.9.21.

Ordered that the within Accompt be allowed, & that the ballance
thereof being Fourteen Pounds six shillings & six pence the said
Treasurer is further accountable to said County for;

Ordered also that the Sum of Three Pounds fourteen shillings &
two pence, part of the Tax laid on tlie Town of Woodstock in the
Year 1748. and the Sum of Eighteen Pounds five shillings & two
pence set on said Town in 1749. »& the Sum set on said Town in
1750. & the Sum of Thirteen Pounds six shillings & five Pence set
on said Town in 1751. The said Treasurer is further to account for,
as he shall receive the Same. {^Passed June 4.

CHAPTER 26.

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH

COUNTY.

An Accompt presented by Edward Winslow Esq'' Treasurer of R|for|a"ofthe
the County of Plymouth for the last Year, having been laid before council, xix.,
the Court of General Sessions of the Peace for the said County & ArcMvesf'
by them allowed. ccxiviii.. 45.

Read and Mass.

ArciiivGS

Ordered that the within Ace* be allowed and that the Ball* thereof (■cxiviii.,'45.
being One hundred thirty two pounds fifteen shillings and Nine ^a^i^pp^g^^L
pence The said Treasurer is further accountable to said County for.
{^Passed June 4.

CHAPTER 27.

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BARNSTABLE

COUNTY.

An Accompt presented by Jonathan Bacon Treasurer of the Legislative
County of Barnstable for the last Year, having been laid before coundf, xix.*!®
the Court of General Sessions of the Peace for the said County f^^^

& by them allowed. House Jour-

Read& nai.pp.9,21.

Ordered that the within Accompt be allow'd & that the Ballance
thereof being Nineteen Pounds four shillings & one penny %, said
Treasurer is further accountable to said County for. \Passed June 4.

640

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 28-30.]

Legislative
Records of the
Council, xix.,
453.

House Jour-
nal, pp. 9, 21.

CHAPTEE 28.

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF YORK

COUNTY.

An Agcompt presented by Jeremiah Moulton Esq'' Treasurer of
the County of York for the last Year, having been laid before the
Court of General Sessions of the Peace for the said County & by
them allow'd,

Eead &

Ordered that the within Accompt be allowed, & the Ballance
thereof being Forty seven Pounds fifteen shillings & eleven pence
the said County is further Accountable to the said Treasurer for.
[^Passed June 4.

CHAPTER 29.

ORDER IMPOWERING THO" BURT, GUARDIAN, TO SELL REAL ESTATE.

Legislative
Records of the
Council, xix.,
463. Mass.
Archives,
xviii., 859.

Mass.
Archives,
xviii., 858.
House Jour-
nal, pp. 17, 22.
Province
Laws, ii., 151,
chap. 10.

A Petition of Thomas Burt Guardian to Mary Allen of Noth-
ampton (a Person Non Compos,) shewing that she has a small real
Estate of the Value of £100, that the Income thereof is not suffi-
cient for her Support, & therefore praying that he may be impow-
ered to sell the said Land, & the produce of the Sale to be put out
at Interest for her Benefit.

Eead and

Ordered that the Prayer of this Pe*° be granted And that the
s*^ Thomas in his Capacity be and he hereby is Impowered to make
Sale of the real Estate of the said Mary, and to Execute a good
Deed thereof He observing the Province Law respecting the Sale
of Eeal Estates, And giving Caution to the Judge of Probate for
the County of Hampshire that tlie Proceeds thereof be improved
for the comfortable support of the said Mary during her natural
Life And that after her Decease the remainder (if any there

be) shall be distributed to the Heirs of the said Mary according to
Law. \^Passed June 4.

CHAPTER 30.

Legislative
Records of the
Council, xix.,
463. Mass.
Archives,
xxxii., 246.

House Jour-
nal, p. 21.
Province
Laws, xiii.,32(i,
chap. 227.

ORDER ALLOWING THE ACCOUNT OF THE TRUSTEES OF THE HASSA-

MINISCO INDIANS.

An Accompt presented by John Chandler, John Jones & Edward
Baker Esq* Trustees for the Indians at Grafton, of Eeceipts & Dis-
bursem** for the said Hasanimisco Indians from June 1751 to May
1752.

Eead and

Ordered that this Ace* be allowed and the Ball=* thereof being
Three pounds four Shill^* and eight pence three farthings The said
Trustees are further accountable for. \^Passed June 4.

[1st Sess.] Province Laws [Mesolves, etc.). — 1752-53. Gil

CHAPTER 31.

ORDER APPOINTING A COM^ee qN THE AFFAIR OF FORT DUMMER.

In Council Refords'of the

Whereas this Province are still at the Charge of Supporting the council, xix.,
Garrison at Fort Dummer, in Confidence of his Majestys Goodness ArchivesT'
and Justice in giving Orders for a Reimbursment of the said Ex- ixxiv., go.
pence; & that matter lying before the Right Hon'''^ the Lords Com- i®^*^'^*^^!.!-
missioners for Trade & Plantations for their Consideration council, xviii.,

Ordered that Samuel Watts John Wheelwright and Thomas Hutch- jt^^rnti.p.^T
inson Esq" with such as the Hon'^'*' House shall ioin be a Committee ^^te, p.'254,

I J chap 316

to Consider what may be proper further to be done by this Court
for Obtain^ a Reimbursment of the said Expence (Agreeable to His
Majestys Royal Order in Council Respecting the said Fort) & other
Charges without the Line

In the House of Rep'^^^
Read and Concur'd and MaJ'' Laurence M"" Vassall Cap' Ruggles
and M"" Lyman are Joyned in the Affair. [Passed June 4.

CHAPTER 32.

ORDER ALLOWING ACCOUNT OF SALE OF LAND BELONGING TO SARAH
PRINTER AND ABIGAIL ABRAHAM, INDIANS.

An Accompt presented by the Trustees of the Hassanimisco Legislative
Indians of the Sale of the Lands of Sarah Printer & Abigail ^^fS,^*i;^^^
Abraham to Nathaniel Sherman of the Produce of the said Land ^•],f^'^''®-
& the Debts of the said Sarah & Abigail, Ballance in the Trustees xxxii., lu.
Hands being £1.6/6. House Jour-

Read and Province

Ordered that the above Account be allowed and the said Trustees Laws, xui., 326,
are discharged of the Sums paid by them Accordingly. [Passed ^ ^^^'
June 4.

CHAPTER 33.

ORDER ALLOWING ACCOUNT OF SALE OF LAND BELONGING TO ELIZ-
ABETH ABRAHAMS, INDIAN.

An Accompt presented by the Trustees of the Hassanimisco Legislative
Indians of the Sale of Lands of Elizabeth Abrahams (by Order of Si'SxiS*"
the General Court) to Ephraim Sherman, Containing the Amount ^^j^j^g^g®^-
of the produce & of the Debts paid, & the Ballance put out to xxxii., is's.
Interest being £66.13.4. House Jour-

T?p')d and "''*''• P- ^^•

rteau duu _ Province

Ordered that the above ace' be allowed and the BalP thereof being Laws, xiii., 326,
Sixty Six pounds thirteen shillings and four pence with the Inter- ^nil^^.m,
est thereof. The s** Trustees are further accountable for. [Passed ^'^^p- ^•^■^•
Ju7ie 4.

642

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 34—36.]

CHAPTEE 34.

Legislative
Records of the
Council, xix.,
464. Mass.
Archives,
xlvi., 265.

House Jour-
nal, p. 21.

Province
Laws, xiii., 326,
chap. 227.
Ante, p. 459,
chap. 126.

ORDER ALLOWING ACCOUNT OF SALE OF LAND BELONGING TO SARAH
PRINTER AND ABIGAIL ABRAHAM, INDIANS.

An Accompt presented by the Trustees of the Hassanimisco
Indians of the produce of Lands by them sold (belonging to Sarah
Printer & Abigail Abraham) by Order of the General Court & pur-
chased by Joseph Batchelor & Jonathan Rolfe, of the amount of
the Debts of the said Sarah & Abigail by them paid, & of the Bal-
lance remaining in their Hands, viz': £5.7.7.

Head and

Ordered that this Ace' be allowed and the Trustees are discharged
accordingly. \^Passed June 4.

CHAPTEE 35.

Legislative
Records of the
Council, xix.,
464. Mass.
Archives,
xxxii., 247.

House Jour-
nal, p. 22.
Province
Laws, xiii., 326,
chap. 227.
Ante, p. 372,
chap. 271.

ORDER ALLOWING ACCOUNT OF SALE OF LAND BELONGING TO SARAH

BURNEE, INDIAN.

An Accompt presented by the Trustees of Hassanimisco Indians
of the Produce of Land belonging to Sarah Burnee sold (by order
of the General Court) to Hezekiah Ward & Abraham Temple, the
Amount of the said Sarah's Debts by them discharged & the Ballance
remaining in their Hands viz': £11.14.5.

Read and

Ordered that the within Ace' be allowed and the Ball* thereof
being eleven pounds fourteen shill^^ and five Pence the said Trus-
tees are further accountable to the said Sarah for. \^Passed June 4.

CHAPTEE 36

VOTE FOR SELLING PROVINCE LANDS IN WORCESTER COUNTY.

Refordfof the Whereas there are Eight hundred ninety four Acres of Land
Council, xix., belonging to the Province lying North of New Salem, Nine hun-

— dred Twenty eight Acres between Lancaster & Narraganset Numb^

?aiypp^i9728. Two, Two hundred Acres between Lunenburgh Line & Leominster
/n/ra, chag. 40. Line, One hundred & Sixty seven Acres between Lancaster & Nar-
raganset Number Two, three hundred thirty seven Acres, & one
hundred & fifty six Eods between the Farm called Wiswalls Farm
& Narraganset Number two. Eleven Thousand three hundred ninety
one iVcres North of Millers River, Thirty Thousand five hundred
seventy seven Acres, in the County of Worcester, adjoining North
on the Province Line,

Voted that the said Lands be sold as soon as may be to such Per-
sons as shall be enjoined to settle the Same & that the Produce thereof
be lodged in the Province Treasury for the Use of the Governm'.
\^Passed June 4.

[1st Sess.] Province Laws (Hesolves, etc.). — 1752-53. 643

CHAPTER 37.

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON REIMBURSE-
MENT OF THE EXPENSE OF THE GARRISON AT FORT DUMMER.

The Com™'' to whom was refer'd the Consideration, for obtaining Legislative
the Keimbnrsment of the Expence, at Fort Dnmmer & other Charges coundf, x^ix^f

without the Line which are now lying before the Right Hon*'''' the ■^

Lords Commissioners for Trade & Plantations for their Considera- Mass.
tion, having attended that Service, are humbly of Opinion that M"" ixxiv.,6i.'
Secretary be directed to write to M'' Agent Bollan, to inquire into ^<fi^pp.''i*'7^4.
the State of that Affair, & directing him to use his Endeavours to Ante, p. eli,
obtain the Reimbursem' Agreable to the Accompt exhibited, & also *^ ^^^'
the further Expence of the Garrison at Fort Duiner & other Charges '

without the Line from the last Accompt to this Time "''" |

All which is Submitted. Samuel Watts ^ Order

Read & Accepted with the Amendment at "■*■" viz': And that His ;

Honour, the Lieuten' Governour be desired to represent the State
of the Affair & the just Claim the Province hath to a reimbursem'
by a Letter to the Right Hon^'** the Lords Commissioners for Trade
& Plantations by the first Opportunity. [Passed June 4.^

CHAPTEE 38.

ORDER FOR SENDING PROVISIONS TO THE FORT AT ST. GEORGES
RIVER AND RICHMOND.

Ordered that the Commissary General be directed to send six Legislative
Hogsheads of Bread & six Barrells of Pork to the Fort at S' Georges gSn'. xii!!^
River & Richmond to be distributed among the Indians in Case any 460.
of them may come into any of said Forts in Expectation of a Con- Mass.
ference, & be delayed untill advice be received from the Governm'. xxxn^^eh.

[Passed June 5.^ ^ouse Jour-

CHAPTER 39.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI-
TION OF MATHIAS HOWE TO ENTER AN APPEAL.

The Com™'' to whom was referd the Petition of Mathias Howe Legislative
having heard the Parties & Considered the said Petition, are of councff, xii!",^
Opinion, that the Prayer thereof be so far granted, as that the 462.
Petitioner be impowered to pursue his Appeal at the Inferiour Mass.
Court of Common Pleas next, to be holden within & for the xim.,^5i.l'
County of Worcester, on a new Entry, and that the Justices of ^^fi®j.^|*^^f®the
the said Court next to be holden at Worcester as aforesaid be council, xix.,
directed «& impowered to hear & try the said Cause, give Judg- journarp.%o
ment therein & award Execution thereon according to Law, & that ^75'!2°?pp^i6,27,

1 This date is according to Legislative Records of the Council. The date of concur-
rence with the amendment by the Council, as given in Mass. Archives, is June -4. Con-
currence by the House and the Governor's signature are not given in Mass. Archives.

"- This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is June 4.

G4t

Provence Laws {Resolves, etc.). — 1752-53. [Chap. 40.]

Ante, p. 579,
chap. 103.

the Judgment given by said Court in November last, on the Non
Suit & Complaint, with the Proceedings had thereon, be superseded
& declared Void; The said Com'"'' further Eeport that it appears to
them as well from the Declaration of Sheriff Chandler as of the
Petitioner himself, that the said Sherriff was no ways to blame on
Account of his Proceedings in Eelation to the Petitioner, he being
at that Time wholly Ignorant that the Petitioner had any Action
depending in the Court

All which is humbly Submitted ^ Order Ezek. Cheyer

Kead &

Ordered that this Eeport be Accepted. [^Passed June 5.'

CHAPTER 40.

VOTE AUTHORIZING THE SALE OF PROVINCE LANDS AT AUCTION AND
ORDER APPOINTING A COMMITTEE TO ATTEND TO SAME.

Mass.
Archives,
cxvi., 216.

House Jour-
nal, pp. 24, 28.
Supra, chap.

In the House of Eep"*^^

Voted That the Lands hereafter mentioned be advertised, in the
Eecess of the Court and to be sold at publick Vendue, on the next
Session of this Court upon the Conditions hereafter mentioned Viz':

The Lands north of Pequoag on the Province Line containing
28,375 Acres to be sett up at £1,333.6.8 Lawfull money, and to be
struck off to the highest Bidder, the purchaser to pay down Sixty
Dollars, and the remainder of the money arising by said sale, to
be paid into the Province Treasury within one Year from the Date
of the Sale, and that the Purchaser settle Sixty families on s'' Lands,
build a house Eighteen foot square, 7 foot stud and clear six Acres
of Land fitt for Tillage or mowing for each family, also to build a
Meeting house, and settle a Lerned Protestant Minister, to lay out
a Sixty third part of s'' Land for the first Minister that may be set-
tled on s'^ Land, One Sixty third part for a Ministerial Lott, One
other Sixty third part for a School Lott, the whole to be compleated
within five year from the Date of the Sale That the Land North

of Millers Eiver Containing 11,016 Acres be sett up at £267 Law-
full Money, and struck off to the highest Bidder, the Purchaser to
pay down 25 Dollars, and remainder of the Money arising by s"^ Sale
to be paid into the Publick Treasury, in one Year from the Date of
the Sale, and that the Purchaser settle Three families on s*^ Land,
build a house for each family Eighteen foot square, 7 foot stud,
and clear up 6 acres of Land fitt for mowing or Tillage for each
family, and compleat the whole in five Years from the Date of the
Sale That the Lands betwixt Lancaster & Narragansett N" 2

North of Cap" Plaisteds farm, containing 928 acres be sett up at
£139 Lawfull Money, and be struck off to the highest Bidder, the
Purchaser to pay down 10 Dollars, and the Eemainder of the Money
arising by said Sale to be paid into the Publick Treasury in One
Year from the Date of the Sale also to build a House Eighteen foot
Square, 7 foot Stud clear 6 Acres of Land fitt for mowing or Tillage
and settle one family, compleating the Whole in Five Years from
the Date of s'' Sale That the Land on Narragansett Line, con-

taining 337 Acres, be sett up at £50 Lawfull money, and be struck
off to the highest Bidder, the Purchaser to pay down 8 Dollars, and

* This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is June 4.

[1st Sess.] FROvmcn Laws (Eesolves, etc.). — 1752-53. 645

the Remainder of the Money arising by said Sale to be paid into the
Pnblick Treasury in One Year from the Date of the Sale. That

the Lands on Lunenburg adjoyning to Land of the Hon^''^ James
Allen Esq' which he purchased of the Province Containing 167
Acres, be sett up at £25 Lawfull Money and be struck off to the
highest Bidder, the Purchaser to pay down 8 Dollars, and the Re-
mainder of the Money arising by s'* Sale to be paid into the Pub-
lick Treasury in one Year from the Date of the Sale. That the
Lands on Leominster and Lunenburg containing 200 Acres be sett
up at £40 Lawfull Money and be struck off to the highest Bidder,
the Purchaser to pay down 8 Dollars, and the remainder of the
Money arising by s'^ Sale to be paid into the Publick Treasury in
One Year from the Date of the Sale That the Lands North

of New Salem and East of Salem Grant, Containing 894 acres be
sett up at £(j6 Lawfull Money, and struck off to the highest Bidder
the Purchaser to pay down 15 Dollars, and the remainder of the
Money arising by s*^ Sale to be paid into the Publick Treasury in
One Year from the Date of tlie Sale, and also to settle Two families
on s'' Land, build a House for each family and clear 6 Acres of Land
fitt for mowing or Tillage for each family compleat the whole in five
Years from the Date of the Sale

Ordered also that M'' Speaker M'' Tyng and Maj"" Lawrence with
such as the Hon^^*^ Board shall Joyn be a Comm"" to make Sale of the
above described Lands and that they take Bonds of the Purchasers
equal to the Value of the Land Obliging them to perform the Con-
ditions of said Sale.

In Council Read & Concur'd and John ' Chandler & James Minot
Esq" are joined in the Affair. [Passed June 5.

CHAPTER 41.

VOTE APPOINTING A COMMITTEE TO INQUIRE IN REGARD TO THE
NON-PAYMENTS OF EXCISE BY COLLECTORS.

In Councill Mass.

ArCDlVGB

Whereas an Act was in Aprill 1750 pass'd for granting Unto his cxix., 558*.
may'y an Excise upon Coffee, Tea, Coaches &c', & Collectors were House Jour-
accordingly appointed to Collect the said Dutys in the Severall provmcl^'^'"
Countys; but no payments have been made in the Publick Treas- Laws, iii., 495,
ury by the Said Collectors, that this Board is informed of, which " '^p-'
is to the great Damage of the province, Therefore

Voted that Andrew Oliver & Thomas Hutchinson Esq' with Such
as Shall be joyn'd by the Hon''' House be a Comittee to make In-
quiry into the Affair, and Report what they Judge proper for the
Court to do thereon at the begining of the Next siting of this Court
In the House of Rep"*"'

Read and Concurd and M"" Speaker M'' Allen and M'' Gibbs are
Joyned in the Affair. [Passed June 5.

' In the original MS. the opening words of this concurrence are mutilated.

6i6 Province Laws (Resolves, etc.). — 1752-53. [Chaps. 42-44.]

CHAPTEE 42.

Legislative
Records of the
Council, xix.,
466.

House Jour-
nal, p. 29.
Province
Laws, iii., 606,
note.

RESOLVE ALLOWING £600 TO Y^ TOWN OF BOSTON.

A Petition of the Town of Boston setting forth the distressed
State of the said Town by the prevailing of the Small Pox among
them, the great Increase of the Poor. Decay of their Trade & the
removal of many of their Inhabitants to other Towns, with other
Misfortunes, praying for the Compassion of this Court, either by
granting them a Sum of Money out of the publick Treasury or in
such other Way as shall appear best to the Wisdom of the Court,

Eead & the following Vote passed viz'

Whereas by reason of the Small Pox so generally prevailing in the
Town of Boston, many Persons are reduced to very great Streights
& necesituous Circumstances who otherwise would have been in a
Capacity to have Subsisted, their Familys in Comfortable Circum-
stances,

Resolved that the Sum of Six hundred Pounds be allowed & paid
out of the publick Treasury to the Overseers of the Poor of the
Town of Boston, to be distributed among such Persons as they
shall judge to stand in need of Eelief, for the Eeasons aforesaid.
\^Passed June 5.

CHAPTER 43.

VOTE FOR A PUBLIC FAST.

Legislative
Records of the
Council, xix.,
467. Mass.
Archives,
xiii., 328, 329.

House Jour-
nal, p. 28.
Love's Fast
and Thanks-
giving Days
of New Eng-
land, p. 496.

In the House of Eep""*^'

Whereas it has pleased a sovereign & Eighteous God in various
ways of his judgments to punish this province for their sins more
especially by the distresses of the small pox and other distresing
fevers prevailing in the province.

Which tokens of Gods displeasure against us this house are Sen-
sible calls for our humiliation. Therefore

Voted that his Honour the Lieu' Governor by the advice of his
Majesties Council be desir'd to issue out a proclamation for a day *
of publick fasting & prayer thro tliis province that it would please
a mercifull God to remove these his righteous judgments which our
sins have deserv'd & all servile Lab"" & recreations are forbidden on
said Day.

In Council;

Eead & Concur'd. \^Passed* June 5.

Legislative
Records of the
Council, xix.,
467. Mass.
Archives,
xliii., 587.

CHAPTER 44.

RESOLVE REQUIRING THE SHERIFF OF SUFFOLK COUNTY TO ATTEND
TO THE SENDING OF PROCLAMATIONS &c.

On a Complaint made that the Sheriff of the County of Suffolk
had neglected liis Duty of sending the respective Proclomations from
time to time for publick Fasts Thanksgivings Prorogations of the
General Court &c to the several Sheriffs of the respective Counties

* The fast was appointed for Thursday, July 2, 1752, and was public.

[1st Sess.] Province Laws {Resolves, etc.). — 1752-53. 647

Which appears to be the Duty of the Sheriff of Suffolk aforesaid; ?,7^^i?'^^-

and for which He is accordingly paid Therefore

Resolved that the Sheriff of the County of Suffolk, be and hereby
is required from time to time to take due care seasonably to Send or
Convey said Proclomations &c to the Sheriffs of the several Countys
as occasion may require. \^Passed June 5.

nal, p. 28.

CHAPTER 45.

ORDER APPOINTING A COMMITTEE ON THE PETITION OF THE INDIANS

AT STOCKBRIDGE.

A Petition of the Indian Inhabitants of Stockbridge shewing Legislative
that there are divers Tracts of Land belonging to them upon which councif xix^^
the English Inhabitants of this Province are settled without pur- 455. Mass.
chasing the Petitioners Right, praying that this Court would take xxxi^liek
such Measures that they may have a full Satisfaction for the said Mass.
Lands ^reh.i^es.

xxxii, 262.

The Comittee to whom was Referred the within Petition are of iegisi'ative
Opinion that a Comittee be appointed to make a full & Strict in- councif, xL*.^^
quiry as to the Claims of the Indians to y® within Lands & Other jo'^^j'"^® 14
Lands Lying in the County of Hampshire & Report as Soon as may 25. Ante^^^Au,
be to this Court what they may Judge proper for the Court to doe ^^'^^^ ^^''
thereon & that this petition be Referrd till Such time for further
Consideration

All which is humbly submitted
^ order of y"^ Comittee Joseph Wilder

In the House of Rep'''''

Read and

Ordered that this Report be accepted And that Col Porter and
Maj'' Worthington with such as the Hon'^'*' Board shall app' be a
Coram'"' to make full and strict inquiry as to the Claims of the
Indians to the within Lands and other lands lying in the County
of Hampshire and report as soon as may be to this Court what they
may Judge proper for this Court to do thereon and that this Pef^
be refer'd till that time for consideration

In Council Read and Concurr'd and Oliver Partridge Esq' is
Join'd in the affair. \^Passed June 5.

CHAPTER 46.

ORDER ALLOWING £36 TO BENJ^ ASHLEY.

A Petition of Benjamin Ashley of Stockbridge shewing that in Legislative
the Month of October 1750, he was desired by the Mohawks to go councff, xix.^^
with them to that Place & assist their Settlement, that ever since ^54, 468.'
that Time he has been employed in teaching their Children & other House Jour-
Services, & his Wife as an Interpreter for them & therefore praying ^n<e' p. 488,°'
for a suitable Allowance for his & his Wife's Services ^^^^''^nhi,,, cc

p. 563, cnap. 66.
Read &

Ordered that the Sum of Thirty six Pounds be paid out of the

Publick Treasury in full to the Petitioner for the Service within

mentioned to the first of April last.

648

Province Laws {Resolves, etc.) . — 1752-53. [Chaps. 47-49.]

Fo^et/that the Com""' heretofore appointed for the Mohawk Affairs
at Stockbridge, be directed to procure such an Interpreter as may be
needfull for one Year from the first of April last. \^Passed June 5.

CHAPTER 47.

ORDER OF NOTICE ON THE PET^' OF TIM^ PROUT ESQ" FOR CHOOSING
A JURY OUTSIDE OF YORK COUNTY.

Legislative
Records of the
Council, xix.,
468. Mass.
Archives,
xliii., 535.

House Jour-
nal, p. 29.

A Petition of Timothy Prout of Scarborough in the County of
York Esq'' shewing in behalf of himself & divers others Heirs &
Assigns, of the Ancient Inhabitants & Proprietors of said Town,
that the Inhabitants since their last Settlement there have granted
away some of the old Proprietors Eights, & for as much as it has
been the Practice in divers other Towns in said County, the Peti-
tioner & others deriving their Right from the Ancient Proprietors
cannot have a fair Trial for recovering or maintaining Possession
of their Rights, for want of a free & impartial Jury, & therefore
praying that he may have a Jury out of an other County for the
Trial of his Suits depending in the Superiour Court to be held -at
York the next Week

Read and

Ordered that the Pef serve the Adverse Parties with a copy of
this Pet° that they shew cause if any they hath on the second thirs-
day of the next Sitting of this Court why the Prayer thereof should
not be granted And all Proceedings in the Law are Staid in the mean
time.' \_Passed June 5.

CHAPTER 48.

Legislative
Records of the
Council, xix.,
468.

House Jour-
nal, p. 29.

VOTE REFERRING ALL UNFINISHED MATTERS.

Voted that all Matters now before the Court not passed upon be
refer'd to the next sitting of this Court. \Passed June 6.

CHAPTER 49.

Legislative
Records of the
Council, xix.,
468. Mass.
Archives,
cxvi., 180.

House Jour-
nal, p. 22.
Ante, p. 605,
chap. 175.

ORDER OF NOTICE WITH STAY OF ALL PROCESSES ON THE AFFAIR
OF THE LINE BETWEEN SUFF'^ & PLYM" COUNTYS.

Ordered that all Affairs respecting the Line between the Counties
of Suffolk and Plymouth be referd till the Second tuesday of the
next Sitting of this Court, and all Processes in the Law are Staid
in the mean time. \^Passed June 6.

1 At the hearing, December 13, 1752, House Journal, p. 82, this petition was dismissed.

[2d Sess.] Province Laws (Resolves^ etc.). — 1752-53. 649

RESOLVES, ORDERS, VOTES, ETC.

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

1752-

CHAPTER 50.

ORDER SETTING OFF DIVERS INHABITANTS OF STOUGHTON TO THE
TOWN OF WALFOLE.

A Petition of James Smith, John Hooper, Samuel Guield & R^^'^^f^'^P^j^
Thomas Page shewing that Whereas this Court were pleased to set council, xix.,
them off from Stoughton to AValpole as to the Maintenance of the ArcMv'^es?'
Minister & School only, they find great Inconveniences by Reason cxvi., 211'.
of their not being wholly set off to Walpole, therefore praying that MasB.
they may be set off by the Lines mentioned in the Petition. cxvi^aio!

Read & It appearing that the Town of Stoughton have been Rgcords^of toe
served with a Copy of this Petition & have declined to give any council, xix.,
Reasons for Not granting the Prayer thereof ; Journal*, p^p. 26,

Ordered that the Prayer of the Petition be granted & that the chap'^sol'^'^^^''
Petitioners & their Estates be set off from the Town of Stoughton
& annexed to the Town of Walpole to all Intents & Purposes what-
soever (until this Court shall order otherwise,) according to the
Bounds mentioned in the Petition. \^Passed Xovemher 25.

CHAPTER 51.

VOTE APPOINTING A COW^^^ FOR BURN« BILLS OF CREDIT & GOVERNM^

SECURITIES.

In Council ' R|ford"of the

Voted that John Osborne, Jacob Wendell, Daniel Russell, Samuel council, xix..

Watts, John Chandler, Ezekiel Chever, John Wheelwright, Andrew ^Jh

Oliver & Thomas Hutchinson Esq" with such as shall be joined by ^^^i^p^^j/stll^io.
the Hon''''' House, be a Com*'''' to take an Acco* of the Bills in the
Treasury ready to be burned, as also the Covernm'^ Securities &
consume them to x\shes & report thereon as soon as may be. In
the House of Repres'''' Read & Concur'd & M' Gray, Capt Ruggles,
Co^^ Otis, M"" Bowdoin, M'' Tyng, Capt Williams Cap' Kent Capt.
Sheaf, M' Townsend & Capt Porter are joined in y^ Affair. \_Passed
November 27.

650

Frovince 'LAWs(Eesolves, etc.). — 1752-53. [Chaps. 52-54.]

CHAPTEK 52.

Legislative
Recorda of the
Council, xix.,
474. Mass.
Archives,
xliii., 557.

Mass.
Archives,
xliii., 555-557.
House Jour-
nal, p. 40.

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF

JA^ ATKINSON.

A Petition of James Atkinson praying (for Eeasons particularly
mentioned in the Petition) for Liberty to Review an Action between
him & BenJ* Bryant of Scitnate tried at the Inferionr Court of Com-
mon Pleas in the County of Plimouth wherein Judgment went against
the Petitioner by Default & that Execution be stayed in the mean
Time

Eeacl and

Ordered that the Pef serve the adverse Partie with a copy of this
Pet" that He shew cause if any He hath on thirsday the 7'^ of Decem-
ber next why the Prayer thereof should not be granted and Execu-
tion within mentioned is Stayed in the mean time.

Provided the Pef give Security to the Sheriff of the County of
Suffolk to pay what shall be Judged finally due upon the Action
within mentioned. [Passed Noveinher 28.

CHAPTEE 53.

Legislative
Records of the
Council, xix.,
475. Mass.
Archives,
cxvi., 207.

Mass.
Archives,
cxvi.., 205.
House Jour-
nal, pp. 28, 44.

RESOLVE CONFIRMING THE PROCEEDINGS AT A TOWN MEETING IN
THE FIRST PRECT IN WESTBORO'.

x\ Petition of the Inhabitants of the first Precinct in Westboro'
shewing that in a Precint Meeting called by Warrant from Nahum
AVard Esq'' dated the 19* of December 1744, there were divers defects
in point of Form made thro' Mistake which might invalidate the pro-
ceedings of that & subsequent Meetings therefore praying that the
said Proceedings may be confirmed by this Court.

[Eead »&]

Resolved that the Proceedings of the Inhab" of the first Precinct
of the Town of Westborough in the Choice of Officers for the Man-
agment of their publick Affairs, pursuant to a Warrant to call a
Meeting in said Precinct for that j^wrpose. Exhibited by Nahum
Ward Esq'' bearing Date Dec'' 19. 1744 And all Proceedings of said
Precinct, of that lS[ature resulting therefrom ever since, be held
good and valid any Exceptions to the contrary notwithstanding.

And that for the future their Precinct Clerk is impowered by
Order of their Comm''^ to call the InhaV of said Precinct duly
qualifyed for Voting in the Choice of such Officers together, by
Posting up his Notifications or Warrants for that purpose and all
other Precinct Affairs. [Passed Novemher 28.

CHAPTER 54.

Legislative
Records of the
Council, xix.,
476. ISIass.
Archives,
xviii., 897.

ORDER IMPOWERING ELISABETH LAWRENCE, ADMINISTRATRIX, TO
SELL REAL ESTATE.

A Petition of Elisabeth Lawrence Widow & Administratrix of
the Estate of John Lawrence of Woburn dec** with others con-
cerned, shewing that the Circumstances of the Eeal Estate are
such, that selling any part of it will be of great Prejudice to the

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 651

Remainder therefore praying that the whole may be sold, the Mass.
Remainder of the Produce, after the Debts be paid to be divided xvm.^^lgg.

UCCOrdino; to Law. House Jour-

-r. T 1 nal, pp.3o,44,

Read and 45. Province

Ordered that the within named Elizabeth Lawrence in her said ^h'ap^i";' ^^^'
Capacity be and She hereby is Impowered (with the Advice and
Consent of Cap' Benjamin Reed) to make Sale of the real Estate
within mentioned; and to Execute a good Deed or Deeds of the
Same.

She observing the directions of the Law respecting the Sale of
real Estates. One third part of the Proceeds of said Sale to be
allowed for the Use of the said Elizabeth during her natural
Life. She giving Security to the Judge of Probate for the County
of Middlesex to return the Same at her Decease to the proper
Heirs of the within named John Lawrence.

The other two thirds to be Improved for the payment of the Just
Debts of the Deceased.

She to be accountable to the said Judge for the Overplus. [Passed
November 29.

CHAPTER 55.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE TO FARM THE
EXCISE IN WORCESTER COUNTY, AND ALLOWING £2. 9. 4 FOR EX-
PENSES THEREOF.

A Report of the Com'®^ appointed by this Court to Let out to Legislative
Farm the Excise on Wine, Liquors &c for the County of Worcester councif.xix!!®
shewing that they have Let out the Same for one Year to M"" Ezra ^rcbfvis^^'
Taylor of Southboro' for the Sum of £75.6.8 Lawfull Money, & cxix., 562.
have taken Bonds & delivered them to the Treasurer; their Ac- Ante, p. 635,
compt of Time & Expence amounting to £2.9.4 chap. i3.

Read and Accepted and the within mentioned Sum is allowed
accordingly.' [Passed Novernber 29.

CHAPTER 56.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE TO FARM THE
EXCISE IN MIDDLESEX COUNTY, AND ALLOWING £2. 14. 2 FOR EX-
PENSES THEREOF.

A Report of the Com"''' appointed to let out to Farm, the Excise Legislative
upon Wine, Liquors &c for the County of Middlesex shewing that councn'.xix*!^
they have let out the Same for one Year to M' John Hunt of Water- Yrch^xeT'
town for the Sum of £722.13.4 & have taken Bonds & lodged them cxix., 565.
with the Treasurer, their Account of Time & Expence amounting Mass.

to £2.14.2. cxix., 564.

Read and Accepted and naT^^iv'^'^"

Ordered that the within Accompt be allowed. [Passed Novem- ^ntF,'-p.k5,
ber 29. "^^^^ ^i-

' Not found in the House Journal.

652

Province Laws {Resolves^ etc.). — 1752-53. [Chaps. 57-60. J

Legislative
Records of the
Coxiucil, xlx.,
477. Mass.
Archives,
lxxiv.,79.

Mass.
Archives,
Ixxiv., 77,78.
House Jour-
nal, pp. 14,47.
Province
Laws, xiii., 465,
chap. 1.

CHAPTER 57.

ORDER ALLOWING £12. 10. 4 TO ELENOR HIND.

A Petition of Elenor Hind praying that she may be allowed the
Wages due to Sergeant Jabez Clarke for his Service in the late Ex-
pedition to Cape Breton made over to her by Power from the said
Clarke.

Eead and

Ordered that the Sum of twelve pounds ten Shillings and four
pence be allowed the Pef out of the publick Treasury, it being
the Sum due to Jabez Clark from the Committee of War. [^Passed
November 29.

CHAPTEE 58.

ORDER ALLOWING £3 AND £3 ANNUALLY TO THO» WHITE.

Legislative
Records of the
Council, xix.,
477. Mass.
Archives,
Ixxiv., 88.

Mass.
Archives,
Ixxiv., 86.
House Jour-
nal, pp. 40, 44.

A Memorial of Thomas White of Marshfield setting forth his
Services & Suffering in divers Wars, wherein he received divers
Wounds, by which means & by Reason of old Age he is rendered
unable to provide for himself Therefore praying for Relief from
this Court

Read and

Ordered that the Sum of three pounds be granted the Memerialist
out of the publick Treasury in consideration of his sufferings within
mentioned. As also an Annual Pension of three pounds during

his natural Life. [Passed November 29.

CHAPTER 59

Legislative
Records of the
Council, xix.,
479. Mass.
Archives,
cxix., 559.

Mass.
Archives,
cxix , 516.
House .Jour-
nal, p. 43.
Ante, p. 553,
chap. 40.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE TO FARM THE
EXCISE IN YORK COUNTY FOR 1751, AND ALLOWING £1. 12 FOR EX-
PENSES THEREOF.

A Report of the Com""^ appointed to let out to Farm, the Excise
on Wine Liquors &c. for the County of York in the Year 1751, shew-
ing that they did let out the same to Capt Jeremiah Moulton, of York
for £64.4 & have taken Bonds thereon. Their Accompt of Time &
Expence amounting to £1.12.

Read and Accepted and

Ordered that the within Acc*^ be allowed. [Passed November 29.

CHAPTER 60.

Legislative
Records of the
Council, xix.,
479. Mass.
Archives,
cxix., 560.

Mass.
Archives,

ORDER ACCEPTING THE REPORT OF THE COMMITTEE TO FARM THE
EXCISE IN THE COUNTY OF YORK FOR THE YEAR 1752, AND ALLOW-
ING £2. 10. 5 FOR EXPENSES THEREOF.

A Report of the Comm"'^ appointed to let out to Farm the Excise
on Wine, Rum «&c^ for the County of York in the present Year, shew-

[2d Sess.] Province Laws (Resolves, etc.). — 1752-53. 653

ing that they have Let out the Same to Jeremiah Moultou jun'' of House^Jour
York for £66.12 & have taken Bond & lodged it with the Treasurer, nai, p. 43.
Their Accompt of Time & Expence being £2.10.5. S'.ii.^^^'

Read and Accepted and

Ordered that the above accompt be allowed. [Passed Nove7nher 29.

CHAPTER 61.

ORDER IMPOWERING THO^ RUSSELL, GUARDIAN, TO SELL REAL ESTATE.

A Petition of Thomas Russell of Boston Braizer Guardian of Refords^Jf th
his five Minor Children, viz* Joseph & Jeremiah Condy Russell, CounciL xix.,
John, William & Jonathan Russell, shewing that there is part of Archives?'
a dwelling House & Land in Boston left to the said Minors (with xviii., mi.
their elder Brother) by their Grand mother dec*^, that the said House Mass.
is much out of Repairs & no Estate to Repair it with, that there is xvm. 7866-8-3.
now a good Opportunity to sell the said House & Land to some Ad- na^i^pp^sMT
vantage which the other Owners are disposed to do. Praying that the 47. ' Province
Petitioner as Guardian may be impowered by this Court to join in chap!'io.'' ^ '
the Sale

Read and

Ordered that the Prayer of the Pe'° be granted and that the Pef
in his Capacity be and he hereby is Authorized to make Sale of the
Premisses within mentioned for the most that may be; and to Exe-
cute a good Deed or Deeds in the Law for the Same. He first observ-
ing the Law respecting the Sale of intestate Estates. And giving
Security to the Judge of Probate for the County of Suffolk that the
proceeds of such Sale shall be duly applyed and put out at Inter-
est for the benefit of the five Surviving Children within named the
Eldest son named in the Pet" being since Dead. And that both prin-
cipal and interest be delivered them respectively (necessary Charges
being first deducted) when they shall arrive at Lawful Age. He the
s'^ Guardian to be accountable to the Judge of Probate for the time
being of the County aforesaid for his proceedings in the Premisses.
[Passed November 30.^

CHAPTER 62,

ORDER IMPOWERING NEW BRAINTREE TO LAY A TAX OF ONE PENNY

PER ACRE.

A Petition of the Select Men of the District of New Braintree, Legislative
shewing that by Reason of the smallness of their Numbers, and the councif, xix*!^
Straitness of their Circumstances they find it difficult to give their ^0 Mass.
Ministers sufficient Support therefore praying that tlie Inhabitants cxvi., 142!
of said District, may be impowered to levy a Tax of Two Pence ^ Mass. '

iVcre ^ Annum for three Years on all the Lands there whether im- ^xvi^*\4f,'
proved or unimproved, for a Ministers Support Legislative

T, ^ ^ ^ ^ ^ Records of the

Read and Council, xix.,

Ordered that the Prayer of the Pet" be so far granted as that the joi\r^i*"^®5i
Inhabitants of the within mentioned District be and they hereby are

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is November 29.

654

Province Laws (Resolves, etc. ) . — 1752-53. [Chaps. 63-65.]

allowed and Impowered to Impose a Tax of one penny per Acre per
Annum upon all the Lands within the Bounds of said District for
three Years successively for the purposes within mentioned. \^Passed
November 30.

Legislative
Records of the
Council, xix.,

480.

Mass.

Archives, ciii.,
4S. Legisla-
tive Records of
the Council,
xix., 471.
House Jour-
nal, p. 50.

CHAPTER 63.

ORDER APPOINTING A COMtee to INQUIRE INTO THE STATE OF THE

TREASURY.

In the House of Eepres^®^
Ordered that M"" Speaker, M'' Gray, M"" Trowbridge, M' Bowdoin,
Coll° Winslow, Judge Russell, M^ Hunt, Coll° Otis, Capt Sheaf,
Capt Ruggles, & M"" Tyug with such as the Hon*"'^ Board shall Join,
be a Com'^® forthwith to enquire into the Particular State of the
Treasury, & that the Treasurer be directed to attend this Com"^''
& (if it be necessary) that he be excused from Attendance on the
other Bussiness of his Office, during the sitting of the Com'^^ on
this Affair. In Council Read & Concur'd & Jacob Wendell,

Samuel Watts, John Chandler, Ezekiel Chever, John Wheelwright,
Andrew Oliver & Thomas Hutchinson Esq^ are joined in the Affair.
[Passed November 30.

Legislative
Records of the
Council, xix.,

480. Mass.
Archives, ciii.,
47.

House Jour-
nal, p. 50.
Ante, p. 649,
chap. 51.

CHAPTER 64.

ORDER SUBSTITUTING DIVERS PERSONS ON THE COM^ee pOR BURNING

BILLS.

Ordered that M"" Gibbs Col° Richards M"" Doune M" Hunt and
Col° Winslow be of the Comm*"^ to take an Ace' and burn the Bills
in the Treasury in the room of Cap' Ruggles Col° Otis M' Tyng Cap'
Kent and Col° Porter Who desire to be Excused from that Service.
[Passed November 30.

CHAPTER 65.

ORDER ACCEPTING REPORT OF COMMITTEE TO FARM EXCISE IN BARN-
STABLE COUNTY AND ALLOWING £3. 1 EXPENSES THEREON.

Legislative
Records of the
Council, xix.,

485. Mass.

Archives,

cxix.,563.

House Jour-
nal, p. 50.
Ante, p. 636,
chap. 15.

A Report of the Com'^^ appointed to let out to Farm the Excise
of Wines, Liquors &c in the County of Barnstable ' shewing that they
have let out the same for one Year to Solomon Swift for £117.12.8
& have taken Bonds & lodged them with the Treasurer, Their Ac-
compt of Time & Expence is £3.1/

Read and Accepted and the Ace* is allowed accordingly. [Passed
November 30.'

' The House Journal, p. 50, after Barnstable, reads, " for the Year 1851."
- This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is December 5.

[2d Sess.] Province Laws {Resolves ^ etc.). — 1752-53. 655

CHAPTER QQ.

ORDER FOR ADJOUN" BRISTOL COUNTY COURTS.

Whereas by Law the Court of Geueral Sessions of the peace and R|fords*of t^e
Inf Court of Comon pleas for the County of Bristol are to be held Council, xix.,
at Taunton on the Second Tuesday of December instant, and many Archives^,^'
Concerned in the Said Courts, are members of the General Court. ^""■' ^o"-
which its probable will be Sitting at that Time Tlieref ore House Jour-

Ordered that the Said Courts of General Sessions of the Peace Province'
and Inf Court of Comon pleas be, and they hereby are adjourned chiip^32!"3i3!
To the Last Tuesday of January next and all Officers & others Con- chap, is- 664,'

• note

cerned in Said Courts are to Conform themselves Accordingly. And
that all processes and other matters & things Depending in Said
Courts and which are by Law to be beared Tried and proceeded
upon at Said Term shall be beared Tried and proceeded upon on
the Said Last Tuesday of January next and the Justices of Said
Courts are hereby required to Conform themselves Accordingly.
\_Passed December 1.

CHAPTER 67.

ORDER IMPOWERING LYDIA SPEEN, INDIAN, TO SELL LAND. Legislative

Records of the
Council, xix.,

A Petition of Lydia Speen of Natick Indian Woman, praying ^H-^J^H^-
for Liberty to sell some of her Lands in Natick for satisfying a xxxii., 296.
Debt of Thirteen Pounds six shillings & eight Pence owing to her Mass.
Mother by the Will of her Brother from whom she holds her Land. xxxu.Imt.

Read and kfords^of the

Ordered that the Prayer of the Pet° be Granted & the Petitioner couucif, xviii!,
(under the Direction of the Guardians of the Natick Indians) is jourM^*'
allowed to sell so much of the Lands within Menf as shall be Suffi- i^p- 193,^197
cient for the Purpose Mentioned in the Petition. [Passed Decent- iu6y,%Jk.
her 1.

CHAPTER Q>S.

ORDER ALLOWING £5. 10 AND £4 ANNUALLY TO JON^ STANHOPE.

A Petition of Jonathan Stanhope of Sudbury, setting forth his Legislative
distressed Circumstances by Reason of Wounds he received in the counc'if, xii.*!^
Service against the Indian Enemy & praying for some further Allow- f J^j^j^gg^^-
ance for his Support. _ _ ixxiv., 82.

Read and it appearing that the Pef has rec'd but forty Shillings Mass.
for three Years past. ^l^w^si'.

Ordered that He be allowed out of the publick Treasury five House Jour^
pounds ten Shill^^ for his past Sufferings to this time. 53. '^«ie,"p.503,

And that He be allowed out of the publick Treasury a Pension ''^^p- 2*1
of four pounds Annually till this Court shall otherwise Order.
[Passed December 1.

656

Province Laws (^Resolves, etc.). — 1752-53. [Chaps. 69-71.]

CHAPTER 69.

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK

COUNTY.

Legislative
Records of the
Council, xix.,
482. Mass.
Archives,
ccxlvlii., 50.

House Jour-
nal, pp.9, 40,
50.

An Accompt presented by Edward Winslow Esq' Treasurer of
the County of Suffolk for the Year 1751, having been laid before
the Court of General Sessions of the Peace for the said County &
by them allowed

Eead and

Ordered that the within Ace* be allowed and the Ball^ thereof
being twenty two pounds ten Shill^^ and one farthing, And a further
Sum of five pounds Eighteen Shillings yet unpaid on the last Grand
Jurys Bill, The said Treasurer is further Accountable to said

County for. \^Passed December 1.

CHAPTER 70.

ORDER ALLOWING £8 TO PARTRICK BURN.

Legislative
Records of the
Council, xix.,
482. Mass.
Archives,
Ixxiv., 68.

Mass.
Archives,
Ixxiv., 67.
House Jour-
nal, pp. 49, 53.
Ante, p. 431,
chap. 58.

A Petition of Partrick Burn, setting forth his Sufferings by
Reason of Wounds received from the Enemy in the publick Ser-
vice, & his disability to provide for himself, & praying for some
further Allowance from this Court.

Read and it appearing that the Pef has rec'd no Grant either the
last or present Year,

Ordered that He be allowed the sum of Eight pounds out of the
publick Treasury in consideration of his Sufferings within men-
tioned. [^Passed December 1.

CHAPTER 71.

ORDER IMPOWERING SIMEON & ABIGAIL SPAULDING, ADMINISTRATRIX,
TO SELL AN ESTATE.

Legislative
Records of the
Council, xix.,

4S2. Mass.
Archives,
xviii., 899.

Mass.
Archives,
xviii., 898.
House Jour-
nal, pp. 49, 54.
Province
Laws, 11., 151,
chap. 10.

A Petition of Simeon Spaulding of Clemsford & Abigal his
Wife (late Abigal Wilson) shewing that the said Abigal was im-
powered by the Justices of the Superiour Court, to sell so much
of the Land belonging to the Estate of her former Husband Samuel
Wilson (who died Intestate) as should be sufficient to pay his Debts,
which would take up all the Land, except the very Spot whereon
the House stands which would thereby become of no Value whereas
if the whole Real Estate were sold together it would produce con-
siderably more therefore praying for Liberty to sell the whole,

Read and

Ordered that the Prayer of this Pe*^"^ be granted And that the
Pef (with his Wife Abigail) adm"" &c be and hereby are impowered
to make Sale of the Estate within mentioned in order to pay the
Just Debts of the Dec'd. They observing the Law of the Province
relating to the sale of real intestate Estates And giving Caution to
the Judge of Probate for the County of Middlesex that the Overplus
shall be duely applyed as the Law directs. \Passed December 2.

[2d Sess.] Province Laws (Besolves, etc.). — 1752-53. 657

CHAPTER 72.

ORDER ACCEPTING THE REPORT OF THE COM^'^e poR BURN» BILLS OF

CREDIT.

We THE Subscribers being appointed a Com""" of the General ^for^dfof the
Court to repair to the Treasurers Office, to take an Accompt of the Council, xix.,
Province Bills in his Hands, have attended that Service & have rec*^ Archives, ciii.,

of M' Treasurer Foye Three Thousand six hundred & eighteen Pounds ^

Old Tenor Bills, Five hundred & twenty Four Pounds Middle Tenor House Jour-
Bills, & Twelve Thousand two hundred & seventy two Pounds two Anie,'v.m,
Shillings, last Emission Bills, & have seen the same Consumed to chap! 64.'^' *
Ashes.

Read and Accepted and

Ordered that the Treasurer be discharged of the abovementioned
Sums accordingly. [Passed December 2.

CHAPTER 73.

ORDER ON THE PETITION OF W^ HODGE TO BE RESTORED TO CAP'^
BEANS MUSTER ROLL.

A Petition of William Hodges shewing that while he was in the Legislative
Service of this Province, in the Eastern Parts, he was taken sick & councif.xix.,^
obliged to go to Tewksbury for the Recovery of his Health, during ^^chiv^es^^'
which Time he hired a Man to do his Service, notwithstanding which ixxiv., 89.
he was left out of the Muster Roll during his Sickness, praying that Mass.
his Wages may be allowed bfxiv.Tst'.

Read and na^i^'^^l'^sTsi

Ordered i\\Q.i ihoi Prayer of this Pet° be so far granted as that ^^'P^'"
Cap* Bean be directed to make him up in his next muster roll from
the 15''' of March last to the 15*'' of Sep* then next following in
consideration of His Wages omitted in the last Roll. [Passed
December 3, '

CHAPTER 74.

ORDER DIRECTING THE TREAS^ TO PREPARE BILLS FOR BURNING. Legislative

Records of the
Council, xix.,

Ordered that the Treasurer be directed forthwith to prepare & ^

take Account of all the Bills now in his Hands that they may be House Jour-
consumed to Ashes by the Com"'"" appointed by this Court for that Ante,'v.m,
Purpose. [Passed December 5. ^^^P; ^: p- ^^*'

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is December 5.

658

Province Laws {Resolves, etc.) . — 1752-53. [Chaps. 75, 76.]

CHAPTEE 75.

ORDER DIRECTING THE TREASURER TO RECEIVE PROVINCE BILLS OF
CREDIT IN PAYMENT OF ALL TAXES.

Legislative ^^^ Ordered that the Treasurer be allowed & directed to receive the
Council, xix., Bills of Credit on this Province for all Taxes that are now due to
^— the said Province untill the tenth Day of June next. {^Passed

House Jour- Dpcem'hpT 5 '

CHAPTER 76.

VOTE FOR ASSESSING, LEVYING AND COLLECTING A TAX OF ONE
PENNY PER ACRE IN THE TOWNSHIP OF CHARLEMONT.

Legislative
Records of the
Council, xix.,
466. Mass.
Archives,
cxvi., 194.

Mass.
Archives,
cxvi., 193.
House Jour-
nal, pp. 29,30,
56.

A Petition of Moses Rice for himself & divers others, Inhab-
itants & Settlers of a new Plantation in the Western Parts, com-
monly called Charlemont, sitting forth their great Discouragements
by Reason of the greatest Part of the Proprietors neglecting to settle
their Grants according to their Engagements, & praying that the
Inhabitants may be impowered to Tax the Lands of the Non resi-
dent Proprietors, for defreying the publick Charges there

Read and

Voted that a Tax of one penny per Acre Lawful Money be laid
upon all the lands in the withinnamed Township (the publick lands
only excepted) for the space of three Years next to come, and that
the Moneys so rais'd shall be imjjroved for the following purposes
Viz For finishing the Meeting House, already agreed and engag'd
to be Sett up in Said Township, For Support of Preaching;

Encouraging the building of Mills, and for Laying out and clearing
High Ways and other Roads there, in such Manner and proportion
as the Prop" of the lands there shall Order and Determine, at their
Meetings for such purposes called and held. And that the said

Moses Rice call a Meeting of said Prop" to be held in said Town-
ship at some reasonable future time (by Posting ujd Xotifications
of the time place and purposes of holding the same at said Charle-
mount and at Lancaster in the County of Worcester) xVnd that the
Prop''" so Met have power to Chuse a Clerk, Treasurer, Assessors and
Collectors, and all Officers necessary for the Assessing Levying and
Collecting said Tax from time to time and to agree upon, and deter-
mine the Disposition of the money, rais'd by said Tax, as they shall
See Meet, only for the purposes aforesaid ; and to Agree upon any
proper Method for calling Meetings for the future; The Votes
always to be Collected according to the Majority of the Interest
present.

And that in case any of the Prop" of any of the Lands in said
Township shall neglect to pay their proportion of such Tax as
aforesaid, the said Lands sliall be Subject to a Sale of so much
thereof by the Assessors, as shall be sufficient to pay said Tax and
Charges. The said Assessors Conforming themselves thereon

to the Rules and Directions of the Laws of this Province respect-
ing the Sale of the lands of Delinquent Proprietors in new Plan-
tations. And that this Order be inserted in all the publick Prints

' In Legislative Records of the Council an order in the same words appears again of
date January 5, and also of that date in the House Journal.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 659

three Weeks successively Provided also the Pet" bring for-

ward their Settlem*^ within three Years from this time. {^Passed
December 5.

CHAPTER 77.

ORDER ALLOWING £72 TO THE COMMITTEE APPOINTED TO BORROW

£18,600.

A Memorial of Andrew Oliver Esq'' for himself & Thomas Sub- ^^^'^^^"'^.^v.

1 T -n o -« /r TT • /-^ n \ • i i t , ^ • rt i , ReCOrdB Of the

bard Esq'' & W Harrison Gray a Com"*^ appointed by this Court to council, xix.,
give their Notes to such Persons as should lend Money to the Prov- Archive8,^ciii.,
ince ; shewing that they have attended that Service & have compleated ^

the Loan of £18,600 according to order, praying that this Court would Mass.
make such Allowance out of the Treasury for their Service therein 50-52/House'
as they shall Judge proper. 60^1°''^?;,^^'

Eead and p- 599, chap.

Ordered that the Sum of Seventy two pounds be allowed out of
the publick Treasury to the within named Committee in considera-
tion of the Service within mentioned. [Passed December 5.

CHAPTER 78.

ORDER CONTINUING THE POWER OF THE INHABITANTS OF BEDFORD
TO ASSESS TAXES AND IMPOWERING THEM TO CALL A TOWN MEET-
ING.

A Petition of the Inhabitants of a Township called Bedford £®s*^l*"^?^»,

. , . , „ , p TT 1 • 1 • 1 , . 1 • T» • Records of the

withm the County 01 Hampshire shewing that their rower to raise Council, xix.,

Taxes on the Lands there for defreying their publick Charges is Archives^'

now determined, tho' the Eeason & Occasion for it remains, there- cxvi., i87.

fore praying that it may be renewed. Mass.

-r^ -, '^ P "^ Archives,

Kead and cxvi., ise.

Ordered that the same Power with respect to the lands within nai!^in)^42l^57.
mentioned that was granted the Pef® by this Court on January 23 £''<'^'°';?..' „„
1745, and again renewed Dec"" 15, 1749 be revived, and from the ciiap.'m. '' '
time the last Order of Court ended be further continued for the chap, lis!^'^'
Space of three Years.

x4iid that M' Phineas Pratt a Principal Inhabitant there be im-
powered to call the first Meeting. [Passed December 5.

CHAPTER 79.

ORDER GRANTING 100 ACRES OF LAND TO MOSES RICE.

A Petition of Moses Eice of Charlmont setting forth his Ser- Legislative
vices & Sufferings in the late War with the Indian Enemy, pray- council^, x^x!^,^
ing for a Grant of Province Land in the County of Hampshire ^-j^-^^^^^-
upon such Conditions & under such Eestrictions as this Court ixxiv., 73.

shall judge fit Mass.

Eead and in Answer to this Pet" h^x'^i'v.^Ti'-

Ordered that there be granted to the Pet' His Heirs and Assigns ccxxiv., 22.

660

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 80, 81.]

House Jour-
nal, pp. 51, 57

forever One hundred Acres of the UnapprojDriated Lands in the
County of Hampshire at the South End of Boston Township Num-
ber One, in consideration of His Services for the Government; and
the Losses He Sustain'd as Sett forth in this Petition

And that the said Land be laid out at the Cost and Charge of
tiie Petitioner by Joseph Wilder Jun'' Esq"" to prevent Damage being
done to the Province land that shall be left. \^Passecl December 5.

CHAPTER 80

VOTE APPOINTING A COMMITTEE TO SETTLE THE BOUNDARY LINE
BETWEEN THIS GOVERNMENT AND THE GOVERNMENT OF NEW
YORK.

Legislative
Records of the
Council, xix.,

Archives,
cxvi., 231.

House Jour-
nal, pp. 43, 58.

In the House of Eep"''®*
Voted that Col° Porter Col° Winslow and Cap* Ruggles with such
as the Hon^'® Board shall appoint be a Comm^^ to Project some proper
Method for Ascertaining and Settling the West Line between this
Government and the Government of New York and Report thereon
as soon as may be The Pet°^ to lie in the mean time for consideration
In Council.
Read & Concurd and John Chandler & Thomas Hutchinson Esq"
are joined in the Affair. [Passed December 5.^

CHAPTER 81

ORDER GRANTING TO BENJ^ WATERS LICENCE TO KEEP AN INN.

Legislative
Records of the
Council, xix.,
490. Mass.
Archives,
cxxi., 292.

House Jour-
nal, p. 64.

A Petition of Benjamin Waters of Salem shewing that he is
lately removed into a House very commodious for entertaining
Travellers, therefore praying that this Court would impower the
Court of General Sessions of the Peace for the County of Essex
to grant him a Licence.

Read and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Essex be allowed at their next Session to grant the
Pef a Licence to keep a House of j)ublick Entertainment where
he now lives (if they See cause) He first obtaining the approbation
of the select Men of Salem for that purpose: the time for granting
Licences being elapsed notwithstanding. \Passed December 5."

> This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is December 6.

^ This date is according to Mass. Archives; according to Legislative Records of the
Council the date is December 7.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 661

CHAPTER 82.

ORDER IMPOWERING BENJ'^ & SARAH BEMIS TO SELL A RIGHT TO
LAND AND MAKING PROVISION AS TO THE PROCEEDS.

A Petition of Benjamin Bemis & Sarah his Wife, formerly Sarah R^f^rlf J/thg
Bright Widow of Henry Bright late of Watertown dec*^ shewing that Council, xix.,
the said Henry died seized of a Right of Laud in a New Township Arcinv^es?'
called N 1. near Housatanack upon which the Petitioners have laid xviii., 889.
out considerable Charges but the Circumstances are such as make it Mass.
absolutely necessary that the said Land should be sold, praying for xvii^rsso.
Liberty to sell it. Su^'p® 62*.™"'

Read and Province

Ordered That the Prayer of the Petition be granted; and the chap^lo •' xii.'.
Petitioners are allowed to make Sale of the Land withinmentioned, 33i, chap. 159.
and to execute, in due form of Law, a Deed for conveyance thereof
to Such Person as Shall give most for the Same ; the Produce thereof
to be applied for the reimbursement of the Charges mentioned in
the Petition, and Payment of Such Debts as are Still owing from
the Estate of the Intestate; and the Remainder as follows Viz* the
improvement of one third part thereof, to the withinnamed Sarah,
for her Life ; The other two thirds to the Guardian of the deceased's
only Child, to be let out on interest, and what shall remain in the
Guardians hands, upon the adjustment of Accounts pursuant to
Law, to be paid unto the Said Minor, when of Age, or married,
which Shall first happen:

Provided, before Such Sale be made, the Petitioners observe the
Directions of the Law relating to Executors or Administrators Sale
of Real Estates; and give Sufficient Security to the Judge for Pro-
bate of Wills A'* for the County of Middlesex well and truly to apply
the Produce afores'd for the purposes abovementioned ; and that the
Principal Sum allowed the Pef Sarah, Shall, at her decease, revert
to the right heirs of the Said dece'd ; Also that the Guardian afore-
said give the like Security to the said Judge for the faithful discharge
of Such Trust. \_Pass6d December 6.

CHAPTER 83.

ORDER GRANTING TO WILL" RICE LICENCE TO KEEP AN INN.

A Petition of William Read' of Sudbury shewing that he is Legislative
scituated upon a Country Road convenient for an Inn or Taverner councif, xfx.*^^
where it is necessary & for which he has obtained the Approbation ■iss. Mass.

A.r(*tii"VGS CXI

of the Select Men of his Town, & therefore praying that the Court 244. ' *'

of General Sessions of the Peace for the County of Middlesex may Mass.

be impowered to grant him a Licence •Mr'^House^^"'

Read and Joumai, p. eo.

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Middlesex be allowed (if they See cause) to grant
the Pef a Licence to keep a Tavern the remaining part of the Year
Provided the Pef first procures the approbation of the select Men
of said Town for that purpose, the time for granting Licences being
elapsed notwithstand^. [Passed December 6.

* Mass. Archives, cxi., 243, reads "William Rice."

G62

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 84-86.]

CHAPTEE 84.

Legislative
Records of the
Council, xix.,
488. Mass.
Archives, xxi.,
84^

House Jour-
nal, p. 61.

ORDER ALLOWING £500 TO M" AGENT BOLLAN.

Ordered that the Sum of five hundred pounds Sterling be allowed
and paid out of the publick Treasury to M"' Agent Bollan, in order
to Enable him to Sollicit the Affairs of this Province at the Court
of Great Brittain He to be Accountable. \_Passed December 7.

CHAPTER 85.

ORDER ALLOWING £20 TO JER. POWELL ESQ«.

Legislative
Records of the
Council, xix.,

488.

House Jour-
nal, pp. 40, 57.

A Memorial of Jeremiah Powell Esq"" shewing that he officiated
as Sub Commissary in the Eastern Frontiers during the whole of the
last War, for which he has had no Satisfaction, therefore praying
that this Court would make him such Allowance for said Service as
they shall think fit.

Eead &

Ordered that the Memorialist be allowed out of the publick Treas-
ury the Sum of Twenty Pounds in consideration of his Service (as
Sub Commissary) above mentioned. [^Passed December 7.

CHAPTER 86.

ORDER ESTABLISHING THE BOUNDARY BETWEEN BRIMFIELD AND

WESTERN.

Legislative
Records of the
Council, xix.,
454. Mass.
Archives,
cxvi., 286.

Mass.
Archives,
cxvi., 284.
Legislative
Records of the
Council, xix.,
488. House
Journal, pp.17,
65.

A Memorial of Noah Colton shewing that by Eeason of a Con-
troversy between the Towns of Western & Brimfield, the Petitioners
dwelling House is challenged by both Towns, as lying within their
Kespective Bounds, by which means he has been taxed for his Poll
t& Personal Estate to both Towns praying that this Court would give
Orders for adjusting the dividing Line between tlie said Towns that
so the Memorialist may be freed from the Burthen of paying double
Taxes,

Eead together that the Answer of the Town of Western, & it
appearing that the Town of Brimfield have been duly notified of
the Contents thereof, & not having given in Answer, Therefore

Voted that the dividing Line between the s'^ Towns of Brimfield
& Western be a Eight Line from a Station on the Line of the Town
of Brookfield half a Mile North of the South West Corner of said
Township to a certain split Eock at Chicobee Eiver that has a Wal-
nut Staddle growing out of it, & w*^"^ has been reputed the Boundary
between said Towns at said Eiver; and further that the whole of the
Farm mentioned in s'^ Memorial, & now in the Occupation of Josiah
Woods be annexed to & for the future esteemed as part of the Town
of Western and that the Occupant thereof shall be obliged to do
duty & receive Privileges in said Western as other the Inhabitants
of said Town. 'iPassed December 7.

[2d Sess.] Province Laws {Resolves^ etc.). — 1752-53. 663

CHAPTEK 87.

ORDER ALLOWING £5 AND A FURTHER ALLOWANCE OF £o ANNUALLY

TO BENJ'^ LOVELL.

A Petition" of Benjamin Lovell shewing that while he was in Legislative
the Service of the Province he received a Shot in his Right Foot, counc'if xL*^^
by which Means it is likely he will always be a Cripple, praying for 489. Mass.
some further Allowance from this Court. ix'xiv.yso.

Read and u^.

Ordered that the Pef be allowed out of the publick Treasury the ^x^i'v^^^a
Sum of five pounds for his present Support. And that a Pen- House Joiir-

sion of five pounds be allowed annually to the Petitioner in consid- ^n<| p'.^sgff'
eration of his Sufferings within mentioned until this Court shall chap. 310.
otherwise Order. [^Passed Decemher 7.

CHAPTER 88.

ORDER ALLOWING £80 TO HUMPHREY SCAMMON.

A Petition of Humphrey Scammon of Kittery Shewing that in Legislative
Novem"" 17-48 his House was burnt down, & therein above £1,400 in councif xix''*^
Bills of this Province (according to the Old Tenor) & Bills of other ^89.
Colonies wholy consumed & he has great Reason to apprehend that Mass.
the greatest Part were of this Province, praying that he may be i4^xvlf.%8.
reimbursed the like Value out of the publick Treasury. nai'^pp'^s^ei

Read & the Pef having made Oath that of the Sum burnt, two 65. '
hundred Pounds Old Tenor was wholly of this Province Bills in dis-
tinct Bundles, and it appearing highly probable by the Oath of the
Pef & the Declaration of Two Gentlemen of Character that a Con-
siderable Proportion of the Thirteen Hundred Pounds Old Tenor
was of Bills of this Province also.

Ordered that the Pef be allowed out of the publick Treasury the
Sum of Eighty Pounds of Province Bills in consideration of his Loss
within mentioned, \^Passed December 7.

CHAPTER 89.

ORDER IMPOWERING EBENEZER HARRIS AND LYDIA HIS WIFE TO
SELL LAND AND MAKING PROVISION AS TO THE PROCEEDS.

A Petition of Ebenezer Harris of Lancaster & Lydia his Wife, Legislative
shewing that her late Husband Ezekiel Wallingford was slain by coum-'if, xU!^^
the Enemy in the late War, that he died seized of a Right in the 489. Mass.
Township of Paquoig, that his Debts considerably exceeded his j)er- xviii., 907.
sonal Estate, therefore praying that the said Land may be sold for Mass.
the Payment of his Debts & the Bringing up of his Children xvm^^oe

Read and House Jour.

Ordered that the within named Ebenezer and Lydia be and they "l! ' Pi-ovi'nce
hereby are impowered to make Sale of the lands within mentioned ^jf^p^'^Q ■' ^^^'
and to Execute in due form of Law a Deed or Deeds of Convey-

664

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 90, 91.]

ance thereof to such Person or Persons as shall give most for the
same. Provided they give Bond to the Judge of Probate for

the County of Worcester that the produce thereof (after the pay-
ment of Debts and Taxes due thereon) be applyed to the benefit of
the within named Wallingford's Children according to Law; and
observing the directions of the Law respecting the Sale of real
Estates. \^Pass6d Decemher 7.

CHAPTEE 90.

ORDER IMPOWERING CAPT. JOSEPH JACKSON, EXECUTOR, TO FILE A

COMPLAINT.

Legislative
Records of the
CouncU, xix.,
486. Mass.
Archives,
xliii., 621.

Mass.
Archives,
xliii., 620.
Legislative
Records of the
Council, xix.,
491. House
Journal, pp. 58,
71.

A Petition of Joseph Jackson Executor of the last Will & Tes-
tament of Thomas March late of Boston Dec*^ praying for Liberty
to file his Complaint in the Superiour Court now sitting in Boston
(which by Mistake he omitted to do in the proper Season) against
Mess""^ Gerrish & Barrell for not prosecuting an Appeal from a Judgm*'
obtained against them in the Inferiour Court.

Eead together with the Answer of John Barrell ; And the Matter
being duly considered,

Ordered that the Prayer of the Petition be granted; And the
Petitioner is accordingly impowered to file his Complaint at the
Superior Court of Judicature now sitting at Boston; And the Jus-
tices of the said Court are impowered to proceed thereon in manner
as if it had been filed in the usual time. \_Passed Dece?nber 8.

CHAPTER 91.

ORDER appointing A COMMITTEE ON THE PETITION OF JONAS WOOD-
WARD IN REGARD TO A SALE OF PROVINCE LAND.

Legislative
Records of the
Council, xix.,
491. Mass.
Archives,
xlvi., 266.

House Jour-
nal, p. 47.

A Petition of Jonas Woodward of Worcester shewing that there
is a peice of Province Land bordering on the Petitioners Farm which
is too small to make a Settlement being but about Thirty Acres pray-
ing that this Court would appoint a Com*®® to view & value the said
Land & to sell it to the Petitioner for such Sum as they shall judge
Eeasonable

In the House of Ecp"®^

Eead and in Answer hereto

Ordered that Cap* Wilder and M' Witt with such as the Hon'"*
Board shall Joyn be a Comm®" to inquire into the circumstances of
the Land abovementioned and (if it belongs to the Province) They
are hereby Impowered to Sell the same to the best advantage that
may be, and make report of their doings to this Court

In Council Eead & Concurd & John Chandler jun'' Esq'' is Joined
in the Affair. [Passed December 8.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 665

CHAPTER 92.

ORDER ALLOWING £3. 10 AND A FURTHER ALLOWANCE OF £3. 10 TO

JOHN ARMES.

A Petition of John Armes of Deerfield shewing that he has for Legislative
many Years past rec^ a Pension out of the publick Treasury in Con- coundf.xix'!^
sideration of his Wounds received in the publick Service but of late ^J^i^f^^lg®-
Years he has had Nothing & what he had received for divers Years ixxiv., 84.
before was sunk in the Value by Means of the Depreciation of the Mass.
Bills of Credit, praying for a proper Allowance in Consideration ^^y\y||'.

thereof _ SaTpi"^4*r72

Read and it appearing that the Pet' has not rec'd any part of his 73. ' Province

Pension since July 1745. chaT)%7.'' ^^'

Ordered that He be allowed to be paid out of the publick Treas-
ury three pounds ten Shillings a Year for tlie last Seven Years. And
that the like sum of three pounds ten shillings be allowed out of
the publick Treasury to the Pef annually during his Natural Life.
[^Passed December 8.

CHAPTER 93.

ORDER IMPOWERING ESTHER MUZZY, ADMINISTRATRIX, TO RECONVEY

AN ESTATE.

A Petition of Esther Muzzy of Lexington, shewing that her Legislative
late Husband Amos Muzzy took a Deed of a House & Land with councf f. xLx!!^
Defeazance of Eleazer Russell of Bolton, the said Muzzy obliging '^^•^^^If-
himself to reconvey the Premisses upon the said Russells paying xviu., 901.
him £500 Old Tenor at the Expiration of one Year that her said Mass.
Husband died before the Year expired, by which Time the said Rus- xvm.^gw).
sell had his Mony ready & is now ready to pay the Same, praying House Jmir^
that the Pef may be impowered to reconvey the said Estate upon ^ '^'^' '' '
payment of the Sum aforesaid

Read and

Ordered that the Prayer of this Pet" be granted and the Pef is
hereby Impowered in her Capacity as Adm^ to reconvey a proper
Title of the Premisses within mentioned to the said Eleazar Rus-
sell; and to recieve the five hundred pounds Old tenor, with the
Interest of the abovenamed Russell.

Provided She first give sufficient Bond to the Judge of Probate
for the County of Middlesex to be accountable for the same accord-
ing to Law. \^Passed December 8.

CHAPTER 94.

ORDER DIRECTING THE TREASURER TO DELAY ISSUING EXECUTIONS
FOR TAXES AGAINST THE INHAB^s ON WARE RIVER.

A Petition of the Inhabitants of the Parish in the County of ^If^^'dlofthe
Hampshire commonly called Ware River, setting forth the Barreness Co^'^cn^g^g*^-'
of their Soil & their extream Poverty praying to be released from the ArcWvesTxiii.,
Province Tax laid on them, ^

666

Province Laws (Besolves, etc.). — 1752-53. [Chaps. 95, 96.]

Archives xiii ^^^^^ ^^^

333. House ' Ordered that the Prayer of the Pet° be so far granted as that
Journal, pp. 59, ^j^^ Treasurer be and he hereby is directed to delay sending out his
Executions ag*^ the Collector or Collectors of the within mentioned
Inhabtants until the further Order of this Court. [Passed Decem-
ber 8.

Legislative
Records of the
Council, xix.,
492. Mass.
Archives, cxi.,
246.

Mass.

Archives, cxi.,
245. House
Journal, p. 73.

CHAPTER 95.

ORDER GRANTING TO THO» BAILEY LICENCE TO KEEP AN INN.

A Petition of Thomas Bailey of Boston shewing that the last
Winter he removed into a House commonly known by the Name of
the blue Anchor with an Intention to Continue a Tavern there, but
was obliged to remove by Reason of the Small Pox, & could not
attend the Court for taking out his Licence Praying that the said
Court of General Sessions of the Peace for the County of Suffolk
may be impowered at their next Term to grant him a Licence

Read and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Suffolk be allowed (if they See cause) to grant the
Pef a Licence to keep a Tavern Provided the Pef first obtain
the Approbation of the Select Men of Boston for that purpose the
time for granting Licences being elapsed notwithstanding. [Passed
Decemher 8.

CHAPTER 96.

Legislative
Records of the
Council, xix.,
492. Mass.
Archives, cv.,
415.

House Jour-
nal, pp. 56, 72.
Ante, p. 514,
chap. 267.

ORDER IMPOWERING THE INHABITANTS OF THE WARE RIVER PLAN-
TATION TO CALL A MEETING OF THE PROPRIETORS TO EXCUSE THE
PRESENT COLLECTORS OF TAXES, AND CHOSE NEW COLLECTORS.

A Petition of the Inhabitants of the Plantation called Ware
River shewing that the Persons chosen last March as Collectors of
Taxes, by Reason of Alteration in their Circumstances since their
choice are not altogether suitable for that Trust, Therefore praying
to be enabled to make a new Election

Read and

Ordered that the present Comm^^ of said Parish be and they hereby
are enabled and directed to call a meeting of the said Inhab'* for the
purposes abovementioned as soon as may be. And that the Inhab**
so Met shall have full Power to Excuse the present Collectors there
from the said Office, and to Choose other meet Persons in their room
to Serve in said Office for the present Year; AVho shall have the same
Power and Authority "When they have accepted said Office, and be
Subjected to the like Penalty if they refuse the same, as they would
have been by Law, if Chosen in the Month of March. [Passed
December 8.

[2d Sess.] Province Laws (^Resolves, etc.). — 1752-53. 667

CHAPTER 97.

ORDER IMPOWERING ISRAEL MEAD AND SARAH MEAD, ADM^ TO SELL
REAL ESTATE AND MAKING PROVISION AS TO THE PROCEEDS.

A Petition of Sarah Mead shewing that in the Settlement of Legislative
the Estate of her former Husband Edward Richardson late of Dracut councif, xix.,
dec'^ half a dwelling House & Land in said Town was assigned her Arciiives^^"
for Dower, but for as much as she is now removed to Lexington xviii., 905.
where she can't take the necessary Care of it, praying that she may Mass.
be allowed to sell it, & Convert it into Money for her own Benefit xvm.7904.
& the Benefit of the Creditors to said Estate after her Decease. S,T'f,?/<S:^^Q

nai, pp.bn.by.
Head and Province

Ordered that the Prayer of the Pet° be so far granted as that the cifap!io.'' ^^^*
within named Israel and Sarah his Wife be and they hereby are Ln-
powered to make sale of the Premisses within mentioned, and to
make and execute a good and sufficient Deed or Deeds of Sale for
the same. They observing the directions of the Law respecting the
Sale of Intestate Estates. The produce of said Sale to be applyed
for the Use and Benefit of the within named Sarah during her nat-
ural Life.

They giving sufficient Security to the Judge of Probate for the
County of Middlesex that the money arising by said Sale shall after
the Decease of the said Sarah be applyed for the payment of the
Just Debts of the said Dec'^ agreable to Law. {^Passed December 8.

CHAPTER 98.

ORDER GRANTING TO BRIANT MORTON LICENCE TO KEEP AN INN.

A Petition of Briant Morton of Goreham Town in the County Legislative
of York shewing that he lives upon a Road where there is great councff,x^x!!^
need of a House for Entertainment of Travellers which he is per- «»3. Mass. '
suaded to Undertake, if he may obtain a Licence Therefore pray- 250. '^" ''
ing that the Court of General Sessions for the County of York may Mass.
be impowered t(T grant him a Licence ss^'^housT*"'

Read & Journal, p. 73.

Ordered that the Prayer of the Pet° be granted & that the Jus-
tices of the Gen' Sessions of the Peace for the County of York be
allowed (if they see cause) to grant the Pef a Licence to keep a
Tavern the remaining part of the Year Provid'' the Pef first pro-
cure the approbaf of the Select Men of the Town of Falmouth for
that purpose, the Time for granting Licences being elapsed notwith-
standing. \^Passed December 8.

668

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 99-101.]

CHAPTEK 99.

Legislative
Records of the
Council, xix.,
493. M:iss.
Archives, xiii.,
336.

Mass.

Archives, xiii.,
385-341. House
Jourual, jjp. 65,
69. Province
Laws, v., 536,
note.

ORDER ERECTING A PART OF THE 2^'» PARISH IN IPSWICH INTO A
SEPERATE PRECINCT.

A Memorial of a Com*^'' for the Society under the Pastoral Care
of the Eeverencl M'" Cleavland, in the second Parish in Ipswich called
Chebacco, shewing that they are come to an Agreement with the
standing part of the Parish, that the said Society should be Erected
into a seperate Parish, praying that this Court would set them off
as a Parish accordingly

Eead and

Ordered that the Prayer of the Pet° be granted And that the
Pet" being fifty Seven ' in Number, with their Families and Estates
be and they hereby are made a Distinct and Seperate Precinct (The
second Parish in Ipswich having expressed their willingness) And
that they be and hereby are Endued with all the Priviledges which
other Precincts in this Province do Enjoy. \^Passed December 8.

CHAPTER 100.

Leffislative
Records of the
Council, xix.,
493. Mass.
Archives,
xxxii.,318.

Archives,
xxxli., 317.
House Jour-
nal, pp. 60, 70.

ORDER IMPOWERING JOHN CURTIS ATTY. FOR DIVERS INDIANS, TO
SELL LAND AND MAKING PROVISION AS TO THE PROCEEDS.

A Petition of John Curtis Attorney to Martha Bowman (an old
infirm Indian Woman) & Samuel Bowman her Son both of Worces-
ter, Joseph Pegan & his Wife, of Dudley, Zachariah Equi & Betty
his Wife, of Sturbridge (the said Martha & Betty Being Daughters
of the said Martha Bowman,) & also in Behalf of Benjamin Wiser
a Minor, Grandson of the said Martha, shewing that the said Indians
are Heirs to sundry small Tracts of Land in Natick containing about
Fifty Acres in the whole, which are of no Proffit as they ly. There-
fore Praying that they may be sold for the Benefit of the Indians
concerned :

Eead and

Ordered that the Pef with others here in named be and they
hereby are impowered (with the Advice and assistance of Ephraim
Curtiss Esq"",) to make Sale of the within mentioned fifty Acres
of Land and to Execute a good and sufficient Deed or Deeds for
conveying the Same to such Person or Persons as will give most
for the same. And that the Proceeds shall be disposed of by the
above named Ephraim Curtiss according to their several rights in
the Land. \^Passed December 8.

CHAPTER 101.

ORDER FOR ADJOURN^ PLYMOUTH COUNTY COURTS.

Records'of the WHEREAS by Law the Court of General Sessions of the Peace
Council, xix., and Inf'^ Court of Common Pleas for the County of Plymouth are

' A list of the names of the persons may be found in Mass. Archives, xiii., 341.

[2d Sess.] Province Laws (^Resolves, etc.). — 1752-53. 669

to be Held at Plymouth on the Third Tuesday of December Ins* ArcWv^esT'
and Many Concerned in Said Courtes are Members of the General xini., 628'.
Court which Its Probable will be Sitting at that time Therefore House Jour-
Ordered that the Said Courtes of Generall Sessions of the Peace PTOvmce'' '
and Inf Court of Common pleas be and they hereby are adjourned ^ifapt'ss!'' '^'
to the first Tuesday of March Next and all officers and Others Con-
cerned in Said Courtes are to Conform themselves Accordingly and
all Processes and Other Matters & things Depending in Said Courtes
and Which are by Law to be heard Tried and Proceeded upon at Said
Term Shall be heard Tried and proceeded upon on the Said First
Tuesday of March Next and the Justices of Said Courtes are hereby
required to Conform themselves Accordingly. \^Passed December 11.

CHAPTEK 102.

ORDER IMPOWERING MARY SMITH, ADM^, TO EXECUTE A LEASE OR
CONVEYANCE OF LAND.

A Petition of Mary Smith Widow & Administratrix of the Estate Legislative
of Oliver Smith late of Upton Dece*^ sheweth that her said Husband ^^° e*!" xixll^
became in his Life time bound in the Sum of Fifty Pounds to pro- j^^g,,f^f|^-
cure to Israel Taft a long Lease of Fifty Acres of Land in Upton xviii., sso.
aforesaid, which his Son Israel Taft jun' was then in Possession of House Jour,
but died before he accomplished it, therefore praying that she may ^^' pp- ^*^> '^■
be impowered to make the said Lease according to his Engagem'^

Read and

Ordered that the Prayer of the Pet'' be granted And that the
Pef be allowed and She is hereby impowered in her abovesaid
Capacity to make and execute a good and Lawful Lease or Con-
veyance of the said fifty Acres of Land to the abovenamed Israel
Taft agreable to Hopkinston Leases as abovementioned. \^Passed
December 11.

CHAPTER 103.

ORDER ALLOWING £20 TO LAZARUS NOBLE & BENJAMIN MITCHELL.

A Petition of Lazarus Noble & Benjamin Mitchell shewing that ^If^^'^s^of t^^g
they have Children that were Captivated & are in the Hands of the council, xix.,
Indians, that they are now going to Canada to redeem -them, that Archiv^es?'
they are very unable to bear the Charge of it, Praying that this ixxiv., to.
Court would allow the Charge of an Interpreter, to go with them Mass.
(which is necessary) or otherwise provide for their Eelief ixxW., 69.

Read and ^^^^^X'n.

Ordered that the Prayer of this Pet'' be so far granted as that the
Pef' be allowed out of the publick Treasury Twenty pounds in order
to Enable them to procure an Interpreter for the purpose within
mentioned Pr,ovided they proceed to Canada for the redemption of
the Children within named. [Passed December 11.

670

Province Laws {Besolves, etc.). — 1752-53. [Chaps. 104, 105.]

CHAPTEK 104

ORDER ACCEPTING THE REPORT ON THE REMONSTRANCE OF THE

SALEM ASSESSORS.

Legislative
Records of the
Council, xix.,
479, 497.

Legislative
Records of the
Council, xix.,
496. House
Journal, pp. 51,
72, 75. Prov-
ince Laws, iii.,
626, chap. 8.

A Remonstrance of the Major Part of the Assessors of the Town
of Salem setting forth the Difficulties they are under for apportion-
ing the Tax laid on Salem for the Province (including the District
of Danvers) praying that their Assessment of the Sum of £481 on
the old Town of Salem as their part of the whole Tax of £746.1.2
may be confirmed by this Court

The Com*'"^ to whom was refer'd the Remonstrance of the Major
part of the Assessors of the Town of Salem, with the Answer of
Danvers thereto, have fully heard the Parties ; Report that the Prov-
ince Treasurer issue forth Warrants to the Constables of the Town
of Salem for collecting the Sume of £481.0.6 agreable to the late
Assessments made by the Assessors of Salem. That the Assessors
of Danvers forthwith assess the Sum of £248.13.8 on the Polls &
Estates there, being as the Com**^*^ apprehends an Equitable Propor-
tion of the Sum of £746.1.2 the Tax laid on Salem & Danvers this
present Year. That the Assessors of Salem assess the Polls &

Estates of said Town the further Sum of £16.7 & commit Lists
thereof to their Constables &c''* to be paid into the Treasury unless
the Town of Salem, forthwith take effectual Care for the Payment
thereo-f without making a distinct Assessment for the Same, which
Sum of £16.7 with the aforesaid Sums compleat the Tax of £746.1.2

The Com'*''^ are also of opinion that for the future & untill the
Court shall further Order, The Town of Salems Proportion of the
Province Tax &c to £1,000 shall be £17.10 & Danvers Proportion
£8.15.2 in all £26,5.2 which is agreable to the proportion settled
by the last Valuation.

All w'^'' is humbly Submitted Per Order of the Com"*

J. Chandler

Read &

Or'dered that this Report be accepted, & that the Parties conform
themselves accordingly. [Passed December 12.

CHAPTER 105.

ORDER GRANTING TO BENJ'^ HATCH LICENCE TO KEEP A TAVERN.

Legislative
Records of the
Council, xix.,
498. Mass.
Archives, cxi.,
249.

Mass.

Archives, cxi.,
247. House
Journal, p. 79.

A Petition of Benjamin Hatch of Boston shewing that he has
for divers Years been licenced to kee]? a Tavern there & has had
the Approbation of the Select Men for this Year, but was obliged
with his Family to remove because of the Small Pox & thereby was
hindred from taking out his Licence, praying that the Court of Ses-
sions may be impowered to renew his Licence at their next Term

Read and

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Suffolk be allowed (if they See cause) to grant the
Pef a Licence to keep Tavern &c the remaining part of the Year
Provided He first obtaine the Approbation of the select Men of the
Town of Boston for that purpose. The time for granting Licences
being elapsed notwithstanding. [Passed December 12.

[2d Sess.] Province Laws (^Resolves, etc.). — 1752-53. 671

CHAPTER 106.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR FARMING
EXCISE IN THE COUNTY OF HAMPSHIRE, AND ALLOWING 6/ EACH
FOR EXPENSE THEREOF.

Eeport of the Com*™ appointed to let out to Farm the Excise Legislative
of Wine; Rum & other distilled Liquors &c. for the County of ^^f.'^^e'if.xlx!!^
Hampshire, shewing that they have let out the Same to Noah 498.
Ashley Esq"" for the Sum of £154 & have taken Bond & lodged House Jour-
it with the Treasurer; their Accompt of Charge being 6/ each. X^'efp. 635,

Read & chap. 12.

Ordered that this Report be accepted & that the Com"^^ be allowed
Six Shillings each for their Service accordingly, \^Passed Decem-
ber 12.

CHAPTER 107

ORDER ALLOWING £4 TO MOSES HOYT.

A Petition of Moses Hoyt a Soldier in the late Expedition to Legislative
Cape Breton shewing he remains a Cripple by the Wounds he councif, xfx.^^
received in that Service, therefore praying for the further Com- 498 Maes.

A.rClllVG8

passionate Consideration of this Court, ixxiv., 90'.

Read and Mass.

Ordered that the Pef be allowed to be paid out of the publick ^^xi'v^lo
Treasury (to be delivered for his Use to Cap' Beni=^ Kent) the Sum House'jour-

• • i~ V f nal XYVi 7H 79

of four pounds m consideration of his Sufferings within-mentioned. '

\^Pa8sed December 12.

CHAPTER 108.

ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO CAPT. EPH.

WILLIAMS.

A Plat of Two hundred Acres of Land laid out at Iloosuck by Legislative
Elisha Hawley Surveyor & Chain Men upon Oath, to fulfill a Grant gouncn! xix^!^
made by the General Court to Capt Ephraim Williams, Ten Acres 498. Maps and
thereof reserved to the Province. xx'xv.' 6.

Read and - House Jour-

Ordered that the within Plan be accepted and the land herein ^nu'^\^-j
delineated and described be and hereby is confirmed to the within cbap'. 224.
named Cap' Ephraim Williams His Heirs and Assigns forever. Pro-
vided the land exceeds not the quantity of the Grant, and does not
interfere with any former Grant. Provided also that the Grantee
always keeps an open way two Rods wide on the northerly side of
the said Fort leading towards Albany. [^Passed December 12.

672

Province 'LAWs(Jiesolves,etc.). — 1752-53. [Chaps. 109, 110.]

CHAPTEE 109.

Legislative
Records of the
Council, xix.,
499. Mass.
Archives,
xlix., 3.i0.

House Jour-
nal, p. 80.

ORDER ALLOWING £6. 13. 4 TO MOSES DESHON.

Ordered that the Sum of Six pounds thirteen Shillings and four
pence be allowed and paid out of the publick Treasviry to Moses
Deshon in consideration of the Arms of the Colony, which He has
Carved and put up in the House of Eep''®^ [Passed December 13.

CHAPTER 110.

Legislative
Records of the
Council, xix.,
499 Mass.
Archives,
cxvi., 184.

Mass.
Archives,
cxvi., 18-2, 183.
House Jour-
nal, pp. 28, 81,
82. Province
Laws, ii., 181,
chap. 6.

VOTE FOR CALLING A TOWN MEETING AT BLANFORD, AND CONFIRM-
ING PROCEEDINGS OF MEETING ALREADY HELD.

Whereas The Town officers that were chosen in the Town of
Blanford in the County of Hampshire in the year 1751. omitted
taking the Oath prescrib'' by the Law of this province of the 22"^
year of his Majesties Reign respecting Bills of Credit of the Neigh-
bouring Governm^^ and So tho they Entred upon the Execution of
their respective Offices yet all their Doings therein were illegal &
unwarrantable *& in Consequence thereof the Collectors to whom
the Assessments were comitf* that were made in said Town in s'*'
Year are unable to collect the same, & they remain most of them
yet unpaid to the great Disadvantage of said Town & Injury to the
Province Therefore

Voted That David Moseley Esq' of Westfield be & hereby is im-
powred to issue his Warrant under his Hand & Seal directed to some
principal Inhabitant of said Town of Blandford requiring Him to
Notify said Town to meet together at such Time & Place as shall
be set forth in said Warrant to choose all such Officers as shall by
said Town then be thot proper & Necessary to do all such Acts as
should have been done by the Town Officers in S*^ Town in the year
1751. & perticularly to choose some proper persons to be Assessors
of the several Sums set upon said Town by the Gen' Assembly as
their Proportion of the Province Tax for s'' year or granted by said
Town for defreying their Just Debts among themselves & also to
choose Collectors to collect the same, & the said Town so met Shall
have Power to Choose all such Officers, & the Officers so chosen shall
have all The Powers & Authorities that such Officers in other Cases
by Law have: they Qualifying themselves according to Law, and all
such Officers so Chosen refusing to serve shall be respectively sub-
ject*^ to the Like Penalty as they Would by Law have been Subject^
to on their Refusal to serve if Chosen in the Montli of March

And That All Assessments that sliall be made (by Assessors so chosen
& qualified as afores'') of the several sums Either set on said Town as
their Proportion of the Province Tax or granted and agreed on by
said Town for defreying their own Charges among Themselves for
s'' year shall be held good & Valid to all Intents and Purposes pro-
vided the said Assessments be made agreable to the Law in other
Respects, And that all Persons assess'^ as aforesaid shall be oblig*^
to pay their Proportionable Parts of such Assessm^^ accordingly,
saving That such Persons in said Town as have paid the Sums that
they were Assessed by the Assessors in said Town in 1751, shall

[2d Sess.] Province Laws {Resolves, e^c). — 1752-53. 673

have so much allowed them out of the Assessm' hereby propos*^ to
be made, & the Collectors shall credit Each of such persons So
much on Keceipt thereof produc'' to them under the Hand of the
Town Clerk of said Town or of the Constable or Collector that
was chosen there in said year & rec"^ the Same saving also to

all Persons So Assess'' Liberty of Appeal to the Court of Gen' Ses-
sions of the Peace as by Law in other Cases is provided

And Whereas The Select Men of said Blanford for s'' year 1751, &
who made out the Warrant for calling the Meeting of the Inhabitants
of said Town in March Last for the Choice of Town Officers never
qualifing Themselves for Acting in said Office by taking said Oath
as afores'' The Legality of the Proceedings of the Town at said Meet-
ing & the Authority of the Town Officers then chosen for the present
year (notwithstand^ they took said Oath) is justly doubted There-
fore Further

Voted That the said Meeting in said Town in March 1752. be held
Valid and That the Several Officers then Chosen to the Several Offices
in said Town be and hereby are enabled to act in Every thing touch-
ing their Respective Offices & that all their past Doings in said Offices
be held good & Valid to all Intents and purposes as if the said Select
Men had taken said Oath when they were Chosen. [Passed Decem-
her 13.

CHAPTER 111.

RESOLVE CONFIRMING THE PROCEEDINGS OF TOWN MEETINGS AT

MIDDLETON.

A Petition of the Agents of the Town of Middleton in the Legislative
County of Essex setting forth the Deffects & want of Form in their coSnc'if, xfx!^^
calling their anniversary Meetings in March 1750, & 1752, & other s^f- Mass.
Imperfections in the Proceedings of the Meetings & of the Officers cxvi., las!
chosen, praying for some Relief from this Court from Difficulties Mass.
arisen in said Town by these Mistakes. ^'"vf^^g?"

Read and Inasmuch as it appears that the Select Men of the Town House Jour-
of Middleton in making out their Warrants for calling the two Town si] S3.^'*°''^^'
Meetings in March Viz. in the Years 1750 and 1752 did not affix
their Seals to eitlier of the said Warrants. And the Assessors chosen
at said Meetings did also neglect to Seal their Warrants for Collect-
ing the Town and County Rates. And the Word Essex in the last
mentioned Warrant was mispel'd together with some other imper-
fections in said Meetings, by means whereof some disj)utes have
arisen and many more may, if not prevented. Therefore

Resolved that the Warrants of the said Select Men for calling the
said Town Meetings and the Warrants of the aforesaid Assessors
shall be held good and valid to all intents and purposes, as if the
said imperfections had not hapned. And that the several Persons
and Officers Chosen at said Meetings Conform thereto accordingly.
[Passed December' 13.

674

Province LiAws^Iiesolves, etc.). — 1752-53. [Chaps. 112, 113.]

Legislative
Records of the
CouDcil.xix.,
474. Mass.
Arcliives,
xliv., 107.

Mass.
Archives,
xliv., 103-107.
Legislative
Records of the
Council, xix.,
502. House
Journal, pp. 35,
36,83.

CHAPTER 112.

ORDER IMPOWERING EBENseb JOHNSON TO BRING FORWARD A WRIT OF

REVIEW.

A Petition of Ebenezer Johnson of Woburn shewing that at an
luferiour Court held at Charlestown in December 1750, Judgment
went against him in an Action commenced by Seth Ross jun"" of
Billerica, & was afirmed at the Superiour Court, that there was a
Manifest Error in casting up the Debt, recovered to the Injury of
the Petitioner £56.1.3 Old Tenor which the Petitioner by Reason
of Sickness & thereby absence from Court, did not discover before
the Judgment was afirmed by the Superiour Court & Execution
thereupon issued. Praying for a new hearing at the Superiour Court
that so the Mistake abovementioned may be rectified.

Read with the Answer of Thomas Munroe ; And the Matter being
fully Considered

Ordered that the Pet'' be impowered to bring his Writ of Re-
view of the Action within Mentioned to the Superiour Court of
Judicature to be holden at Charlestown within & for the County
of middlesex In January next; & the Justices of the said Court are
hereby directed & impowered to hear & try the said Cause accord-
ingly give Judgement therein & award Execution thereon. [Passed
December 14.

CHAPTER 113.

Legislative
Records of the
Council, xix.,
502. Mass.
Archives,
xxxii., 321.

Legislative
Records of the
Council, xix.,
373,471. House
Journal, p. 84.

ORDER appointing A COM'^''^'^ ON THE AFFAIR OF THE EASTERN

INDIANS.

In Council,

'IMiereas at the late Conference ivitli the Eastern Indians at S*
Georges, they made Complaint resjject^ some Things which loere doing
above Richmond, ivhereupon the Commissioners promised that the
Government would examine into them, and endeav'' to give the Indians
Satisfaction about them, ivhen they should come to receive their Pres-
ents the next Year: And whereas divers Persons loho are carrying
on the Settlements refer'' d to in said CompV are now apphjing to this
Court to have a Certain District thereabout erected into a Seperate
County:

Ordered, That John Cashing Andreiu Oliver, & Stephen Seiuall,
Esq" Avith such as the hon^'*^ house shall join, be a Committee to
inquire into the Grounds of this and other Complaints made by the
Indians at said Conferrence, & that they give publick Notice in the
Boston News Papers, that all persons claim° any right there, under
Indian Titles, may bring in the Evidence thereof to the said Com-
mittee, who shall make Report to this Court at their Next Session.
In the House of Rep'*^*

Read and Concur'd, and M'' Speaker Judge Enssell Col" Buck-
minster and M' Gray are Joyned in the Affair. [Passed Decem-
ber 14.

[2d Sess.] Pkovince Laws {Resolves, etc.). — 1752-53. 675

CHAPTEK 114.

ORDER IMPOWERING JOS'^ BARKER, GUARDIAN, TO MAKE A SALE OF

REAL ESTATE.

A Petition of Josiah Barker of Pembrook Guardian of Euth, R|for|"of t^e
Sarah & John Dwelley Minors Children of Joseph Dwelley late of council, xix.,
Scituate Dec*^ shewing that it would be of great Use to the said ArchWes,^'
Children to have the Real Estate of their said Father sold for Pay- xviii., 903.
ment of the Debts &c, praying that this Court would give Orders Mass.
for the Sale of the said Real Estate accordingly xviii.,V)2'.

■Rpofl ririrl House Jour-

iteaci ana _ nai,pp.78,79,

Ordered that the within named Josiah Barker be and he hereby so- Province
is (in his Capacity) impowered to make sale of so much of the chap.'ioi' '
within named John's real Estate as will be Sufficient to pay the
Sum of £16.4^0*^ being the Debt withinmentioned. And so

much of the within named Sarah's real Estate, as will be suffi-
cient to pay the Sum of £10.17^4'^ being a Debt also within men-
tioned. And so much of the real Estate of the within named
Ruth, as will be sufficient to pay the Sum of £9.10.8*^ being a Debt
likewise within mentioned, and to Execute a good Deed or Deeds
thereof. Provided the Pef observe the directions of the Law
for the Sale of real Estates, And giving sufficient Caution to
the Judge of Probate for the County of Plym"" that the Proceeds
arising by said sale be applyed to the payment of the Debts within
mentioned. \_Passed December 14.

CHAPTEE 115.

VOTE DIRECTING THE TREASURER OF THE PROVINCE TO SETTLE
THE ACCOUNTS OF THE FARMERS OF EXCISE FOR THE COUNTY OF
PLYMOUTH.

A Petition of Joseph Joslyn of Hanover in the County of Plym- Legislative
outh Shewing that he was Farmer of the Excise of Strong Liquors councff, xix!!^
&c. for the said County the four years last past, having Contracted ^^-^^v^^^'
for it for the whole Time, but is likely to be deprived of three cxix.,56s'.
Months Benefit of it for the last Year. Praying that this Court Mass.
would take some Measures for his Relief. tl\x^^m.

Read and it appearing, that the last Commissioner of Excise House Jour-
appointed by this Court for the County of Plym^*^ Collected the S4. ' /»/>•«,' '
Excise up to September. And that the first Farmer Who Farm'd c^iap. I23.
the Excise for that County altho by Law He should have Collected
from June yet Collected only from Sep'' to September following,
which has been the Practice of that County ever since. And that
the said Joselyn purchased the Excise for the last Year; and began
his Collections from September; and by Law cannot Collect further
than the 29*'^ of June last. Therefore

Voted that the Treasurer of the Province be directed to deduct
£22.6^8'^ being one quarter part of the Sum that He Contracted
to give for said Excise.

Provided the said Joselyn within Sixty Days brings Certificates
to the Province Treasurer from such Licenced Persons in that

676

Province Laws (Hesolves, etc.). — 1752-53. [Chaps. IIG, 117.]

County, (of whom He says He has recieved Excise to Septem-
ber hist) that He hath repayd them one quarter part of what they
respectively paid him. [Passed Decembei' 14.

CHAPTEK 116.

Legislative
Records of ttie
Council, xix.,
494. M;is8.
Arcliives,
xliii., 530.

Maes.
Archives,
xliii., 529-532.
Legislative
Records of the
Council, xix.,
501. House
Journal, pp. 71,

VOTE IMPOWERING ROB^ PIERPOINT TO ENTER AN APPEAL.

A Petition of Robert Pierpoint shewing that one Samuel Hen-
shaw of Boston, at the Inferiour Court held there in January last
recovered Judgment against him for £82.13.9 & Cost, from which
he appealed to the Superiour Court, but his Attorney thro' forget-
fulness & Mistake omitted to enter his Appeal, & so the said Judg-
ment was affirmed, praying that he may be admitted to another Tryal
Eead together w"' the Answer of Samuel Henshaw &
Ordered that the Prayer of the Pet" be granted & that the Pef
be & is hereby enab[led] ' to enter his Appeal at the Next Superiour
Court of Judicature to be holden at Boston on the third Tuesd[ay] '
of February next and the Justices of the said Court are hereby im-
powered to Try the Same Enter up Judgment & Award Execution
thereon Provided that the Pef Pay what Costs have already arisen
& give Sufficient Security to the Sheriff of the County of Suffolk
to pay what Sum may finally be Eecovered against him & Execu-
tion is stayed in the mean Time. [Passed December 15.^

Legislative
Records of the
Council, xix.,
496. Mass.
Archives,
cxix., 572.

Mass.
Archives,
cxix., 571. .
House Jour-
nal, p. 76.

CHAPTEE 117.

ORDER GRANTING TO DAVID WYER LICENCE TO RETAIL STRONG

LIQUORS.

A Petition of David Wyer of Charlestown Distiller shewing
that he is under great Inconveniences for want of a Licence for
selling small Quantities of Rum & other distilled Liquors, There-
fore praying that the Court of General Sessions of the Peace for
the County of Middlesex, may be enabled to grant him a Licence

Read and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Middlesex be allowed if they see cause to grant the
Pef a Licence to retail strong Liquors the time for granting

Licences being elapsed notwithstanding. [Passed December 17.^

' MS. mutilated.

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is December 14.

^ This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is December 11.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 677

CHAPTER 118.

ORDER GRANTING TO HANNAH YOUNG LICENCE TO RETAIL STRONG

LIQUORS.

A Petition of Hannah Young of Boston Widow, shewing that i^^^^'f^^fth
she has been a Retailer of Strong Drink for divers Years, & was council, xix.,
approved by the Select Men & allowed by the Sessions upon her ArchWes^^' *
giving Recognizance which she was not able to do in the Proper cxix.,570'.
Season, by Reason of the Small Pox then in Town, Praying that Mass.
she may be admitted now to give Recognizance & take out her txix!^m.

Ji^nonnf House Jour-

jjictuoe. ^jjj_ p gg_

Read and

Ordered that the Justices of the General Sessions of the Peace
for the County of Suffolk be and they hereby are allowed to grant
the Pef a Licence to retail strong Liquors &c (if they see cause)
at their next Session • the time for granting Licences being elapsed
notwithstanding Provided the Pef first obtains the approbation of
the select men of Boston for that purpose. [Passed December 18.^

CHAPTER 119.

ORDER PRESENTING ONE OF THE PROVINCE HORSES TO SIR W" PEP-

PERELL.

A Memorial of Sir William Pepperell setting forth the Charge Legislative
he was at in bringing in his Vessell Two Stallions from England, coumf f xfx!^^
sent by Sir Peter Warren for the Use & Service of the Province, •'>06. Mass.
& moving that such Consideration may be made him therefor as 2-29. ' ''
this Court shall judge Proper. House Jour-

Read and _ _ _ 7^Z;^£-

Ordered that there be and hereby is granted to the Memorialist chap! 23-2;
the Horse now under the Care of Col° Timothy Gerrish of Kittery igg. ' ^ ^^'
in consideration of the Charge and Expences above mentioned.
[Passed December 19.

CHAPTER 120.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR BURNING

BILLS OF CREDIT.

We THE Subscribers being a Com'"' appointed by the General ^gfords^ol the
Court to repair to the Treasurers Office to take an Accompt of the Council, xix.,
Bills in his Hands, having attended that Service, have received of ArchWesTciii.,

M'' Treasurer Foye One Thousand & ninety five Pounds 12/0, Old ^^

Tenor Bills, Two hundred & thirteen Pounds 12/8 Middle Tenor House Jour-

• nftl 131) 91 92

Bills, & Three thousand nine hundred & Eighty four Pounds seven "^ Ante, p'. esV,
shil^^ & six pence last Emission Bills, & consumed them to Ashes. ^^^^' '^*'
Read and

' This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is December 15.
"- The House Journal, p. 92, reads, £3,984. 17. 6.

678

Provin^ce Juxyf^ {Resolves, etc.) . — 1752-53. [Chap. 121.]

Ordered that this Report be accepted. And the Treasurer is hereby
discharged of the abovementioned Sums accordingly. \^Passed De-
cember 19.^

CHAPTEE 121.

RESOLVE DIRECTING THE FARMERS OF EXCISE IN REGARD TO THE
MANNER OF COLLECTING THE SAME.

Mass.
Archives,
cxix., 574.

House Jour-
nal, pp. 24, 77
Province
Laws, iii.,64,
chap. 32.
Ante, p. 668,
chap. 101;
p. 675, chap.
115.

Whereas it has been the Constant practice of the Innholders
and Eetailers of the County of Plimouth to pay their Excise annu-
ally at the Court of General Sessions of the Peace held at Plimouth
on the third Tuesday of September to the Commissioners or Farmers
of Excise, and many of the said Innholders & Retailers have con-
stantly kept their account of Sales of Liquors and other things that
pay Duty from September to September and cant now upon Oath
discriminate what part they had disposed of, on or before the twenty
ninth of June past, which by Law they should have done.

And Whereas there has been a Dispute between the said Inn-
holders and Retailers and Cap*^ Joseph Josselyn the late Farmer
of Excise to what time they should pay him up to, which by Law
ended the twenty ninth of June past, by reason of which Difficulty,
the Innholders and Retailers are rendered incapable of Renewing
their Licences, which will be a Damage to the Revenue as well as
to the County,

For Remeding which Difficulty,

Resolved, That the said late Farmer of Excise be directed & im-
powered to Examine on Oath or otherwise such persons as have not
kept up their accounts to the twenty ninth of June from the said
third Tuesday of September to the third Tuesday of September,
and that he Rebate to each one in proportion of Avhat they pay for
the Year, from the said Twenty ninth of June to the twenty sixth
of September, and give them respectively Certificates of their hav-
ing paid their Excise, to the twenty ninth of June past. And in
Case that the said late Farmer should refuse so to do the Clerk of
the Court of General Sessions of the Peace at the Court to be held
by Adjournment at Plimouth on the Eighteenth Instant do swear
such persons to their account's and to Receive for the use of the
said late Farmer of Excise, the money as is above directed giving
to each person a Receipt for the Sum received, as well as to those
who can account certainly to the said twenty ninth of June, and
that thereupon the said Court of General Sessions of the Peace at
their Adjournment aforesaid jDroceed to Grant Licenses to all such
Innholders and Retailers as they Judge convenient in as full manner
as if Certificates had been given in due time. {^Passed Decemher 19.

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is December 20.

[2d Sess.] Province Laws (Besolves, etc.). — 1752-53. 679

CHAPTER 122.

ORDER IMPOWERING JOHN DENNIS TO SURVEY AND LAY OUT 200

ACRES OF LAND.

A Petition of John Dennis, shewing that agreable to a Grant Legislative
made to him by the General Court of 200 Acres of Unappropriated councif, xix*^,^
Land, to be hiid out in the County of York adjoining to some former ArchiTCs^*'
Grant he has gotten a Surveyor & Cliainmen on Oath to lay out for xivi., 267.'
him Two hundred Acres of Land, adjoining to Narraganset Town- House Jour-
ship in said County called Number one, a Plan whereof he herewith proviEce^' '*''■
presents, Praying that this Court would confirm the same to him, Laws, xu., ese,
notwithstanding the lateness of the Return. ^'

Read and it appearing that the Land described in the Plan is
already granted by the Court. Therefore

Ordered that the Pef be allowed to lay out two hundred Acres of
the Unappropriated Lands of the Province in the County of York,
adjoyning to some Township or former Grant. He to return a

Plan thereof to this Court within twelve Months for confirmation.
[Passed December 20.

CHAPTER 123.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR FARMING
THE EXCISE FOR THE COUNTY OF PLYMOUTH, FOR THE YEAR 1751,
AND ALLOWING 40/ FOR THE EXPENSES THEREOF.

A Report of the Com^*^*^ of the General Court appointed to let Legislative
to farm the Excise of Wine, Strong Liquors &c for the County of councif.xix.,^
Plymouth shewing that they have let the Same to Joseph Joslyn ^rchi^es^^'
of Hanover for £89. 6. 8 for which they had taken Bond & lodged cxix., 576'.
it with the Treasurer, Their own Acco' being £2. House Jour-

Read and Accepted and the Account of Expences &c of the Comm''^ ^«'?ey p. Is'sf*'
being forty Shillings is hereby allowed accordingly. [Passed Decern- ^'Jfj^^^^ciiap
ber 20. iisf''"'

CHAPTER 124.

ORDER GRANTING TO CALEB TROWBRIDGE LICENCE TO KEEP AN

INN.

A Petition of Caleb Trowbridge iun' of Groton shewing that Legislative

• Records of the

he lives upon a Road where there is great Want of an Inn, that council, xix.,
he is necessitated to entertain Travellers tho' at his own Expence, Archives ^cxi.
that the Select Men of said Town are very desirous that he should 25-2.
keep an Inn, & have accordingly signified their Approbation of him. House Jour-
Praying that the Court of Sessions for Middlesex may be allowed to ^^ '^^" '
give him a Licence

Read &

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Middlesex be & they hereby are allowed to grant the
Pef a Licence to be an Inholder (if they see Cause) at their Ad-
journm*^ on Saturday the 23'^ Instant, the time for granting Licences

680

Province Laws (i?eso??;es, e^c). — 1752-53. [Chaps. 125-127.]

being elapsed notwithstanding, Provided the Pef first obtains the
Approbat" of the Select Men of Groton for y* Purpose. [Passed
December 21.^

CHAPTEE 125.

ORDER GRANTING TO THO^ CROSBY LICENCE TO KEEP A TAVERN.

Legislative
Records of the
Council, xix.,
508. 31.188.
Archives, cxi.,
254.

Mass.

Archives, cxi.,
253. House
Journal, p. 99.

A Memorial of Thomas Crosby of Braintree shewing that he has
kept a Tavern in said Town for divers Years past, but by Eeasoii of
the small Pox he was prevented from taking out his Licence for this
present Year at the usual Time. Therefore praying that the Court
of General Sessions of the Peace for the County of Suffolk may be
impowered to renew his Licence at their next Term.

Eead and

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Suffolk be allowed at their next term (if they see
cause) to grant the Pet' a Licence to keep a Tavern the remaining
part of the Year; He first obtaining the approbation of the Select
Men of the Town of Braintree for that purpose, the time for grant-
ing Licences being elapsed notwithstanding. [Passed December 22.^

Legislative
Records of the
Council, xix.,
510. Mass.
Archives,
Iviii., 370.

House Jour-
nal, p. 92.
Province
Laws, iii., 637,
chap 9; 63S,
chap. 10; 652,
chap. 23; 654,
chap. 25. Ante,
p. 234, chap.
265; p. 475,
Chap. 166.

CHAPTER 126.

ORDER ALLOWING PROVINCE LAW BOOKS TO THE NEW DISTRICTS.

Ordered that the Districts lately Made in Eutland Groton new
Braintree and Northampton have each of them a Province Law
Book at the publick Charge. [Passed December 22.^

CHAPTER 127.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR THE SALE
OF THE PROVINCE LANDS, AND FURTHER ORDERING A SURVEY OF
THE TOWNSHIP OF NEW SALEM.

Legislative
Records of the
Council, xix.,
510. Mass.
Archives,
xlvi., 286.

Mass.
Archives,
xlvi., 286-288.
House Jour-
nal, pp. 19,100.
Province
Laws,xiii.,330,
chap. 240.
Ante, p. 644,
chap. 40.

The Com'^^^ appointed in June last to sell sundry Tracts of Land
belonging to the Province report that in pursuance thereof they
have sold one Tract of Eleven Thousand Acres to Isaac Eoyal Esq'
& Capt Isaac Freeman for Three hundred & fifteen Pounds, One
Tract of Two hundred Acres to Thomas Hubbard Esq"" for Forty
one Pounds, & one Tract of Twenty eight Thousand, three hun-
dred & seventy five Acres to Samuel Watts Esq"" & others for One
Thousand three hundred & forty eight Pounds. And the Com**®
pray the Courts Consideration in what Way & Manner the Pur-
chasers shall have their Titles: They also Eeport that one of

' This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is December 22.

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is December 21.

•' This date is according to Mass. Archives; according to Legislative Records of the
Council the date is December 23.

[2d Sess.] Province Laws (Besolves, etc.). — 1752-53. 681

said Tracts of Land containing Eight hundred Ninety four Acres
lying North of a new Township called New Salem, & East of their
Grant of Four Thousand Acres is claimed by the Proprietors of said
Township, they apprehending that in the Survey of said Township
there was a Mistake of near One Thousand Acres which they want
of their just Measure and as they are desirous of having said Town
Measured anew, They therefore are of Opinion that some suitable
Person, to be appointed by this Court do it at the Charge of said
Proprietors, carefully survey said Township & Grant & make Eeturn
to this Court thereof at their next Session, if that Service can be
performed so soon, if not to the Session next after, & the Sale of
the aforesaid Tract of Eight hundred ninety four Acres be refer'd
in the mean Time, and the Sale of the Remainder of said Lands
be put off to Thursday the twenty eight Instant.

By Order of the Com''''' J. Chandler

Read and Accepted and

Ordered that the Comm^® or the Major part of them (in their
Capacity as a Committee &c) be and they hereby are Impowered
to Execute good and sufficient Deeds of said Tracts of Land to
the Purchasers.

Ordered also that Cap^ Wilder be directed to Survey the Township
and Grant at the Charge of the Proprietors accordingly. [Passed
December 23.

CHAPTER 128.

ORDER IMPOWERING JERUSHIA BIRD, EXECUTOR, AND JOHN WALKER,
TRUSTEE, TO SELL AN ESTATE.

A Petition of Jerushia Bird, Executrix of the last Will & Tes- Legislative
tament of Adam Smith late of Weston deC^ and of John Walker g^Xn' xix"',^
named as a Trustee in the said Will shewing that the Personal Estate 5ii. Mass.
is not sufficient to pay the Debts, & the selling any single Part of xviii., ss-i.
the Real Estate would prejudice the Remainder. Therefore praying Mass.
that this Court would enable them to sell the whole, real Estate. ^Ym!Jm.

Read and ^aTf/es^gg

Ordered that the within named John Walker be and he hereby i6o.' Province
is Impowered to make Sale of the Estate within mentioned, and ^hap!io.'' ^^^'
to Execute in due form of Law a Deed of conveyance thereof to
Such Person or Persons Who shall give most for the same. Pro-
vided He first give Bond to the Judge of Probate for the County
of Middlesex thiat the produce thereof (after the Debts, due from
said Estate are paid) be applyed for the benefit of the Heir of the
said Adam agreable to his last Will and Testament.

Provided also that the said John in the Sale of the Premisses
observes the directions of the Law respecting the Sale of Intestate
Estates. [Passed December 23.

682

Province Laws {Eesolves, etc.). — 1752-53. [Chaps. 129-132.]

Legislative
Records of the
Council, xix.,
512. Mass.
Archives, ex i.,
257.

Mass.

Archives, cxL,
2,'i5. House
Journal, p. 103.

Legislative
Records of the
Council, xix.,
512. Mass.
Archives,
cxvi., 231.

House Jour-
nal, p. 103.
^Hf^e, p. 660,
chap. 80.

CHAPTER 129.

ORDER GRANTING LICENCE TO JOHN MARSTON TO KEEP A TAVERN.

A Petition of John Marston of Boston shewing that he has
lately hired a House there where a Tavern has been kept many-
Years past known by the Sign of the Golden Ball, Praying that
the Court of General Sessions of the Peace for the County of Suf-
folk may be allowed to grant him a Licence

Read and

Ordered that the Justices of the Gen^ Sessions of the Peace for
the County of Suffolk be allowed at their Session the next Week
to grant the Pef" a Licence to keep Tavern &c (if they See cause)
the remaining part of the Year He first obtaining the approba-
tion of the Select Men of the Town of Boston for that purpose
The time for granting Licences being elapsed notwithstanding.
\_Passed December 26.

ORDER

CHAPTER 130.

SUBSTITUTING MAJ WORTHINGTON AND M^ TYING FOR
WINSLOW AND CAP^ RUGGLES ON A COMMITTEE.

COL

Ordered that Maj Worthington and M^ Tyng be of the Comm^®
above named ' in the room of Col° Winslow and Cap* Euggles Who
are absent. {^Passed December 26.

CHAPTER 131.

ORDER APPOINTING A COMMITTEE TO ENQUIRE AB^ THE £700 STERL^
GIVEN BY S'' PETER WARREN.

Legislative
Records of the
Council, xix.,
613. Mass.
Archives, xiii.,
395.

Legislative
Records of the
Council, xix.,
383,396. House
Journal, pp. 33,
105. Ante,
p. 563, chap. 66.

In the House of Rep'^''^

Ordered that Col° Otis Maj"" Worthington and M"" Gray with such
as the Hon''''^ Board shall Joyn be a Committee to inquire of the
Gentlemen entrusted with the late Sir Peter Warren's Affairs ; their
determination respecting the £700 Sterling Which He directed to
be paid this Government, for the Instruction of Indian Children
&c. And report what they Judge proper for this Court further to
do thereon.

In Council Read & Concur'd & Jacob Wendell & Andrew Oliver
Esq" are joined in the affair. \^Passed December 27.

CHAPTER 132.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE AFFAIRS
OF THE STOCKBRIDGE INDIANS.

Krds of the The Com^^'' to whom was refer'd that Part of His Honours Speech
Council, xix., respecting the Western Indians, as also the Report of Joseph D wight

1 Ante, p. 660, chap. 80.

[2d Sess.] Province Laws (^Resolves, etc.). — 1752-53. 683

Esq"" & M' John Ashley respecting the scituation of Affairs at Stock- ^rchwes^^"
bridge, have endeavoured to obtain all the information that is pos- xxxii., sis.
sible concerning them, & beg leave to Report as follows, Mass.

That no regular Vote as they can learn has been passed by the xxxii.Il24.
Indian Proprietors there, to appropriate the Land on which the ^Ifords^of the
Boarding School, & the new School House lately built by this Gov- Council, xix.,
ernm' now stands; and are therefore of Opinion that the Clerk of jounSi!^^^
said Propriety be directed to call a Meeting of the Indian Proprietors ^1^;^^°*' ^^^
in order to confirm the Land heretofore said to have been granted chap! 263;'
by them, as School Land to that Use & Purpose {J; si; chip- 74 ';

The Com'"" are informed that M' Isaac Hollis of London has made P;^597, chap.
Provision for the maintenance & Education of Twenty four Boys,
of which ]S[umber there are Ten only at present in said School &
that the Corporation for propogating the Gospell have made the
like Provision for Ten Girls for one Year by Way of Trial, and
that their Commissioners here are ready to provide for the Instruc-
tion of others as their Stock will allow. And are therefore of
Opinion that the Com*^^ of this Court appointed for those Affairs
should take Proper Care untill further Order for the Maintenance
& Support of such other Indians of the six Nations, or of other
distant Tribes which are now come or may hereafter come to Stock-
bridge upon the Encouragement given them by this Governm' over
& above the Number; the Care of whom & whose Maintenance &
Support is otherwise provided for, & that they permit none of those
to want in Case of tlie neglect or Refusal of those that have the
immediate Charge of the two Schools above mentioned. The
Com""' are likewise informed that the Com"''' aforesaid have agreed
for 23/37 Parts of the Hop Lands so called, to have one Acre for
two, to be laid out West of Sheffield or of Stockbridge & are of
Opinion that said Com^'^'^ should be directed to perfect the Agree-
ment for said Proi^ortion, or for the whole Quantity about three
Miles square. The Equivalent to be taken in one or more Tracts
scituate as aforesaid, but to be in as few Parcells as may be The
Com'"" likewise find that M" Dwight hath undertaken the Educa-
tion & Care of Ten Girls, provided for by the Corporation for
propogating the Gospell, and being of Opinion that she might take
the like Care of a greater Number. Therefore think that it would
be expedient that the Frame provided for the Feemale School should
be erected near her dwelling House, & that the Com'"" aforesaid be
directed to purchase one Acre of the late M"" Sergeants Land lying
upon the Road some where betwixt his late dwelling House & the
House of M'' Jones, represented to be worth about Five Pounds and
that the Building be placed thereon «& finish'd as soon as early' in
the Spring as the Season will permit. This Com'"" having like-
wise Considered the Representation made to His Honour the Lieuten*
Governour respecting the Motions & Inclinations of the Twightwees,
are of Opinion that it will be unnecessary for this Governm' to insert
themselves in those Affairs untill some of the other Governments
who are nearer to those Indians, & more likely to be acquainted with
the Importance of them shall move therein

Jacob Wendell ^ Order

Read and

Ordered that this Report be accepted. \^Pass6d December 27.

^ Sic, "as soon as early."

GStt Province Laws {Resolves^ etc.). — 1752-53. [Chaps. 133-136.]

CHAPTER 133

Legislative
Records of the
Council, xix.,
5U. Mass.
Archives,
xxxii., 293.

Mass.
Archives,
xxxii., 292.
House Jour-
nal, p. 98.
Supra, chap.
132. Infra,
Chap. 134.

ORDER ALLOWING £255. 3. 6. 3 TO JOS. DWIGHT ESQ^.

An Accompt presented by Joseph Dwight Esq'' (one of the Com*^*
on Indian Affairs at Stockbridge) of his Disbursments & Expenses on
the Indians &c, at Stockbridge, amounting to the Sum of £255.2.6%

Eead and

Ordered that the within Account be allowed and that the Ac-
countant be paid out of the publick Treasury the Sum of Two
hundred fifty five pounds, three Shillings and Six pence three
farthings in full discharge thereof accordingly. [Passed Decem-
ber 27.

Legislative
Records of the
Council, xix.,
5U. Mass.
Archives,
xxxii., 335.

Mass.
Archives,
xxxii., 334.
House Jour-
nal, p. 98.
Supra, chaps.
132, 133.

CHAPTER 134.

ORDER ALLOWING £111. 13. 1 TO CAPT JN^ ASHLEY.

An Accompt presented by Capt John Ashley (one of the Com**^
for Indian Affairs at Stockbridge) of his Expences & Disbursments
thereon amounting to the Sum of £111.13.11/^

Read and

Ordered that the within Account be allowed and that the Ac-
countant be paid out of the publicli Treasury the Sum of One
hundred and eleven pounds, thirteen Shillings and one penny half
penny, in full discharge thereof accordingly. [Passed December 27.

Legislative
Records of the
Council, xix.,
514. Mass.
Archives,
xxxii., 267.

House Jour-
nal, pp. 98, 99,
101. Ante,
p. 647, chap. 46.

CHAPTER 135.

ORDER ALLOWING £9. 16 TO BENJ^ ASHLEY.

An Accompt presented by Benjamin Ashley of Disbursm*^ on
the Indians at Stockbridge amounting to the Sum of £13.8.8%

Eead and

Ordered that this Accompt be so far allowed, as that there be
allowed and paid out of the publick Treasury to the Accomptant
the Sum of Nine pounds Sixteen Shillings in full discharge thereof.
[Passed December 27.

CHAPTER 136.

Legislative
Records of the
Council, xix.,
514. Mass.
Archives,
cxvi.,292.

Mass.
Archives,
cxvl., 291.

ORDER confirming ACTS OF A CONSTABLE.

A Petition of the Select Men of the Town of Dartmouth, set-
ting forth the Difficulties the said Town hath been under to get
their Taxes collected, that they agreed with Henry Howland to
collect the said Taxes for the Year 1751, the most of which he
has collected but tis feared that some Persons may take Advantage
from his not being sworne before his Entrance on his Office that

[2d Sess.] Province Laws {Resolves^ etc.). — 1752-53. 685

Year, therefore praying that this Court would ratify his Doings House Jour- _
in his Office, notwithstanding said Omission nai,pp.94,i0o.

Read and

Ordered that the Prayer of this Pef^ be so far granted as that the
within named Henry Howland be and hereby is Confirmed in his
Office of Constable and he is hereby fully Impowered to compleat
his Collections of the Taxes Committed to him as fully as though
he had been Chosen and Sworn to said Office as Constable for the
Year 1751. And the Proceedings of the said Henry with regard to
his Collecting the Taxes for the Year 1751 shall be deem'd and held
good and valid to all intents and purposes. \^Passed Becemher 27.

OHAPTEE 137.

ORDER ACCEPTING REPORT OF THE COMMITTEE DISCHARGING THE
PROVINCE TREASURER OF CERTAIN SUMS AND HOLDING HIM AC-
COUNTABLE FOR UNPAID TAXES AND MONEY IN HIS HANDS.

On THE General Accompt of William Foye Esq' Treasurer & J^^sisijitivj;

IvGcords or liL6

Receiver General of this Province begining May 1751, & ending council, xix.,
May 1752, with a Report of a Com^^e of the House of Repres'<^" Archfvesf"
thereon, cxxiv., 369.

Province of the Massachusetts : Bay House Jour-

The Committee to whom was referred the Examination of the ^«ie'p. t;4y,
Accompts of William Foye Esq'' Treas"" & Receiver General of his chap'.&i'. ^^'^^*'
Majesty's Province of the Massachusetts-Bay in New-England, be-
ginning 31^^ May 1751, & ending 27"' May 1752, having attended
that Service, find them right cast, & well vouched, by which it ap-
pears that the said Accomptant chargeth Himself with what was
Outstanding of the several Tenors, ,j?' Last Acc° & now reduced to
Last Emission £37,127.9.4% & also with the Sum of £532.3.101/^
rec*^ of the Comss" of Excise on Liquors, & with £14.15.1 rec'' for
Fines, &c & with £195. rec^ of the Com*'^'^ for Signing Bills, & with
the Tonn* Money rendered outstanding ^^ last Acco' £162.3.4 &
with the Bills in hand .^"' Last Acco^ old Tenor & middle Tenor
reduced to Last Emission £112. 17. 4^/^ and with the Bills in hand
of the Last Emission^' Last Acco* £72,276.7.71/2 All which Sums
amo' to the Sum of One Hundred & Ten Thousand four Hundred
& Twenty Pounds sixteen ShilP & eight pence Last Emission

The said Accomp'^ Dischargeth Himself by Bills burnt by a
Com'^*^ of the Gen^ Court am'^ to £70,193.3.11 & by an Overcharge
in the Tonn* of Vessels £6.8 & by £37.4 so much yet outstanding
Tonn'^ Money and by so much yet outstanding of the several Tenors
amo'to £22,892.12.4 & by the Ballance of this Acco' £17,291.8.5
Last Emission which Sum being carried to the Debt of the foll°
Acco' & reduced to Lawful Money makes Nine Thousand two Hun-
dred & twenty two Pounds one Shilling & ten pence, with which
the said Accomp' has charged Himself

The Said Accomptant further Chargeth Himself with a Tax
made by the Gen' Court in May 1751. £35,685 Lawful money &
with a Tax ordered by the Gen' Court in April 1751 for the Re-
pairs of the Court-House £1,852.15.8 & with Gold & Silver in
hand p"" last Acco' £400.9.1 & with the Ballance of the £9,000
borrowed for Supply of the Treasury ^' last Acco' £120.0.2% &

(386 Province Laws {Resolves, etc.). — 1752-53. [Chap. 137.]

with £503.6.1 rec*^ for Excise on Liquors, and with £54.7.11 rec"^
of Edward Trowbridge and Benj^ Pollard Esq''^ For so much re-
covered of Shubael Hobart for altering the Com^^''^ Notes, & with
£691.2.5 borrowed of sundry Persons for a Supply of the Treasury
& with the Sum of £3,019.1.11 rec'' of the Directors of the Lottery
and with the Sum of £17,920.2.8 rec<^ of the Com'^'^ appointed by
the Gen^ Court in Decern'' 1751, to borrow a Supply of the Treas-
ury & with One Thousand three hundred & nine Pounds 17/6 rec"^
of Daniel Russell Esq' Comss"" of Impost, & with the Ballance of
the Acco' above in last Emission £17,291.8.5 which reduced to law-
ful Money is Nine Thousand two hundred & Twenty two Pounds
lyiO** All which Sums amo' to the Sum of Seventy Thousand Seven
Hundred & Eighty one Pounds five Shillings & three pence three far-
things Lawful Money

The Said Accomp'' dischargeth Himself, by sundry Payments,
made by Order of his Hon' the Leiv^ Gov"" with the Advice of the
Council amo' to the Sum of Twenty one Thousand three Hundred
& Seventy four Pounds, Six ShilP & 1'^ Lawful Money & by so much
yet outstanding of the Taxes in Lawful Money Twenty four Thou-
sand six Hundred & fifteen Pounds sixteen ShilP & one farthing &
By the Ballance of this Acco' in hand Twenty four thousand seven
Hundred & Ninety one Pounds three ShilP & 2*^ 14 Lawful Money
for which he is further accountable.

The Com''™ are of Opinion that the said W™ Foye Esq' Treas' be
Discharg'd of the Bills burnt by a Com"''' of the Gen^ Court amo' to
Seventy Thousand one Hundred & ninety three Pounds V/W Last
Emission & Also of the Sum of Twenty one Thousand three hun-
dred & Seventy four Pounds six ShilP & one penny Lawful Money
for Payments made, & that He be further accountable for the Taxes
yet Outstanding as abovemention'd, & also for the Sum of Twenty
four thousand Seven hundred & Ninety one Pounds three Shill^ &
21/0 Lawful Money, being the BalP'' of this Acco'.

T, Hubbard ^ Ord' of Com'^^

Eead and

Ordered that this Report be accepted and

Voted that the said William Foye Esq' Treas' be discharg'd of the
Bills burnt by the Comm'''' of the Gen' Court amounting to Seventy
thousand one hundred and Ninety three pounds one Shill^ and eleven
pence last Emission, and also of the Sum of Twenty One thousand
three hundred and Seventy four pounds Six Shillings and one penny
Lawful Money, for payments made. And that He be further

accountable for the Taxes yet outstanding, as abovementioned, and
also for the Sum of Twenty four thousand Seven hundred and Ninety
one pounds three Shill'^s and two pence half penny Lawful Money
in his hands. [Passed December 27.

[2d Sess.] Province Laws (i?eso?z;es, e^c). — 1752-53. 687

CHAPTER 138.

ORDER ACCEPTING REPORT OF THE COMMITTEE FOR FARM« THE EX-
CISE FOR THE COUNTY OF PLYMOUTH, AND ALLOWING £2 FOR THE
EXPENSES THEREOF.

Eeport of the Com"^"' of the General Court appointed to let to Legislative
Farm the Excise of Wines & Strong Liquors in the County of Plym- counc*if, xLx!^^
outh shewing that they have let the Same this present Year to M' 5i5. Mass.
Benjamin White of Boston for the Sum of £243.6.8 and have taken cxLx., 577'.
Bonds & lodged with the Treasurer their own Accompt of Time & House Jour-
Expence, Amounting to £2. 7ni}'v.%5,

Read and Accepted and chap. 14.

Ordered that the Sum of Two pounds be allowed the s'^ Comm®®
accordingly. [Passed December 27.

CHAPTER 139.

ORDER ACCEPTING REPORT OF THE COMMITTEE FOR FARMING EX-
CISE FOR THE COUNTY OF BRISTOL, AND ALLOWING £2. 2 FOR THE
EXPENSES THEREOF.

Report of the Com'^^ of the General Court appointed to let out ^®^^^^^**"*'f .^
to Farm the Excise of Wine & Strong Liquors in the County of council, xix.,
Bristol for this present Year, shewing that they have let out the Archi^esT'
Same to M' Benjamin AVhite of Boston for the Sum of £94 and cxix., 578.
have taken Bond & lodged the Same with the Treasurer, The Ac- House Jour-
compt of their Trouble & Expence being £2.2. Anu,^'.e^6,

Read and Accepted and ^^^p- ^^^

Ordered that the above written Sum of two pounds two Shill^^
be allowed out of the publick Treasury to the said Comm*® Accord-
ingly. [Passed December 27.

CHAPTER 140.

ORDER EXEMPTING UNDER CONDITIONS DIVERS FAMILES OF THE pT
AND 3«" PARISHES OF NEWBURY FROM PAYING PARISH CHARGES.

A Petition of Charles Pierce Esq'' & others of Newbury praying Legislative
that in Consideration of their being formed into a Seperate Society councif, *Sx*!,^
& maintaining a learned & Orthodox Minister among themselves, ^j^p^-^^gg^xui
they be exempt from paying to other Ministers in said Town their 375.
Support & that they may be erected into a distinct & seperate Mass.

p • 1 Archives, xiil.,

"•^•^ll^^i- 374. Leglsla-

Read & [report] accepted, And tive Records

Ord" That the Pet^^ Named in the Pet" of the first Parish In the xix7505?5i6. '
Town of Newbury ; with : Dan" Peirce Moses Noyce Jun'' and Josiah na^ pp!^52,^88
Lunt; And the persons whose names Are Contained in the List to i06,'i07.
this Report Annexed of the Third Parish in S*^ Town with their
Family s & Estates Lying in y'^ Parishes to which they Respectively
belong, be and they hereby Are Discharged from paying Any Parish

688

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 141, 142.]

Charges in the Said Parishes, So long as they Shall Support preach-
ing Among themselves.

And That the Persons hereby freed from paying Parish Charges
in their respective Parishes pay their Proportion of All y'' iVssess-
ments of Said Parishes hitherto made.

Pkovided That the Pef* of the first Parish with the three per-
sons joyned to them and those who are Contained in the S'^ List of
the third Parish Release their Right & Interest in the Ministerial
Lands belonging to the S'' first & third Parishes respectively, Pro-
vided Also that those of the Said third Parish release their Right
in the meeting house belonging to the S*^ Parish

And that the persons of the Said third Parish hereby freed from
Ministerial Charges who hold Any Propriety in the Meeting house
of the Said Parish be and they are hereby Obliged to pay their pro-
portionable part of the Parish Charge as the other prop" Are obliged
to do

And Whereas Samuel Bayley duely Chosen Collector for Said
third Parish in the year 1749 Accepted that ofiice and Collected
the greater part of the Assessment for that year to him Comitted
though not Sworn, And now refuses to Collect the remaining part
thereof be & he is hereby Allowed to take the oath of a Collector
& Impowered to finish the Collection of the Said Assessment, &
Directed forthwith to pay the Same into the Treasury of the Said
third Parish, And Upon his refusal So to do That he be and he is
hereby Subjected to Account for the whole of the Said Assessment,
as he Avould have been, had he been Sworn in proper Time. \^Passecl
December 28.

LiCgiBlative
Records of the
Council, xix.,
516.

House Jour-
nal, p. 107.
Ante, p. 644,
chap. 40.
Infra, chap.
142.

CHAPTEE 141.

VOTE IMPOWERING THE COMMITTEE FOR SELLING PROVINCE LANDS
TO TAKE SEPARATE BONDS OF PURCHASERS.

Voted that the Com*^^ appointed to make Sale of the Province
Land be impowered (if they see Cause) to take seperate Bonds of
the several Purchasers with good Securities for the payment of the
Sums the said Lands were sold for. \Passed December 28.

Legislative
Records of the
Council, xix.,
516. Mass.
Archives,
xlvi., 289.

Mass.
Archives,
xlvi., 286-289.
House .Jour-
nal, p. 108.
Ante, p. 644,
chap. 40; p. 680,
chap. 127.
Supra, chap.
141.

CHAPTER 142.

ORDER IMPOWERING THE COMMITTEE APPOINTED TO SELL THE PROV-
INCE LANDS TO GIVE A DEED THEREFOR.

Ordered that the Committee, or a Major part of them appointed
at the Sessions of the General Court the fifth of June last to Sell
sundry Tracts of Lands belonging to the Province, whereof the
Lands North of Millers River containing Eleven Thousand and
Sixteen Acres were part, & which were sold by s*^ Com*^^^ on the
sixteenth Current, to Isaac Royal Esq' & Isaac Preeman for the
sum of Three hundred & fifteen pounds, be & they hereby are
Impowered to give a good & Sufficient Deed of the same Lands
to John Erving of Boston Esq'' as tho the same had been Struck
off to him for whom it appears the said Royal & Freeman pur-
chas'd the Same he the said John Erving Complying & performing
of the Conditions of Said Grant. \^Passed December 28.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 689

CHAPTER 143.

ORDER ACCEPTING REPORT OF THE COMMITTEE FOR FARMING OF
EXCISE FOR THE COUNTY OF SUFFOLK, AND ALLOWING £L 19. 3 FOR
EXPENSE THEREOF.

Eeport of the Coni'^^ appointed to let out to farm the Excise Legislative
on Wine & Rum &c for the County of Suffolk this present Year, councu' xlx^f
shewing that they have let the same to William Story of Boston ^fl^-^^^l^^-
for £2,138.13 & have taken Bonds & lodged them with the Treas- cxix., 579.
urer. Their Accompt of Time & Expence amounting to £1.19.3. Mass.

The Committee appointed to farm out the exercise on Liquors ^'j'^i^'sYy;
&c* in the County of Suffolk, have attended that Service and Sold House Jour.^
it att Publick Vendue, to the highest bidder M' W^illiam Storey for ^n<e%'. 634, ''
Two Thousand, One hundred Thirty Eight Pound Thirteen shil- ^^^-'^p- '^■
lings and four Pence Lawfull money for One Year beginning on
the 29* June 1752 and Ending the 29''^ June 1753 and have taken
bond for the Same executed by sd William Story, Francis Wells &
John Hill Esq'' for the Payment of the abovem** Sum unto the Treas-
urer of the Province to whom wee have Delivered Said bond & Pray
allow=^ of the account of Charge thereon hereunder

Jacob Wendell by order

Read and Accepted and the Sum of One pound Nineteen Shill^s
and three pence is allowed the said Comm^^ out of the publick Treas-
ury accordingly. \^Passed Decemher '28.

CHAPTER 144.

ORDER ALLOWING £34. 8 TO JOS. WILDER, JR., ESQ«. Legislative

Records of the
Council, xix.,

An Accompt [for surveying] presented by Joseph Wilder jun' Esq"^ sn^

Ordered that the said Accompt be allowed and the Sum of Thirty Executive
four Pounds eight shillings is allowed to the Accomptant out of the council, xii.,
publick Treasury in full discharge thereof accordingly. \_Passed jouri^rp^os.
December 28.

CHAPTER 145.

VOTE ALLOWING £70 TO THE OVERSEERS OF THE POOR OF THE TOWN

OF CHARLESTOWN.

A Petition of the Town of Charlestown setting forth their great ^^f^^|fg"Jf the
Expences & Sufferings by Reason of the General Prevailing of the council, xix.,
Small Pox among them for many Months past, and praying either Archiv^es?'
a Grant out of the publick Treasury or an abatement of their Prov- ixxxvii.,305.

ince Tax. Mass.

Read and in Answer to this Pet° ixxxvii.,'301-

Voted that the Sum of Seventy pounds be allowed and paid out journ^?, p^p. ei,
of the publick Treasury to the Overseers of the Poor of the Town 79,94,108,169.'
of Charlestown, to be distributed among such Persons, as they shall
Judge to Stand in need of Relief. \^Passed Decemher 29.

690

Province Laws {Resolves^ etc.). — 1752-53. [Chap. 146.]

CHAPTER 146.

Legislative
Records of the
Council, xix.,
517.

Mass.

Archives, ciii.,
58-62. House
Journal,
pp. 109, 110.
Province
Laws, ill., 600,
chap. 16; 625,
chap. 8. Ante,
p. 599, chap.
158.

VOTE DIRECTING THE TREAS^^ PAY« A YEAR'S INT^t ON GOV NOTES
AND ORDER DIRECTING THE TREAS" TO NOTE FOR PAYMENT WAR^s
OF THE GOV^ & COUNCIL.

Whereas in & by an Act of this Province made in the twenty-
fifth Year of his jDresent Majestys Reign, Andrew Oliver, Esq""
Thomas Hubbard Esq'" & M"" Harrison Gray were impowered to
borrow a Sum not exceeding Eighteen Thousand six hundred
Pounds, for a Term not exceeding two Years & to give their
Notes for the Money so borrowed accordingly, the Interest on
which to be paid Annually, and as a fund to enable the Treas-
urer to pay said Interest & Principal at the Time they shall
become due; the Impost & Excise for two Years from June 1752,
besides a Tax of Eighteen Thousand six hundred Pounds upon
Polls & Estates (which is this Year gone forth) especially mort-
gaged for that Purpose & for no other and whereas one Years In-
terest will be due in the Month of February next upon most of the
Notes given by the Com'^" aforesaid, and being of the utmost Con-
sequence that the publick Faith should be held sacred. Therefore

Voted that the Treas"" be & he hereby is directed to pay the Inter-
est punctually of such Notes as they shall respectively become due
out of the first Moneys that are or shall be brought into the Treas-
ury in Consequence of the Provision made as aforesaid for the Pay-
ment of the same.

And whereas this Court at their Session at Concord in May last
supplied the Treasury with the Sum of Eighteen Thousand one
hundred forty two Pounds four shillings for the Discharge of the
publick Debts, Which Sum of Eighteen Thousand one hundred
forty two Pounds four shillings was added to the Tax Bill of Eigh-
teen Thousand six hundred Pounds, which is already gone forth,
making in the whole the Sum of Twenty six Thousand seven hun-
dred forty two Pounds four shillings : Which by the Act aforesaid,
the Sum of Eight Thousand one hundred forty two Pounds four
shillings is to be applied by the Treasurer when received for the
Payment of such Warrants as shall be drawn on him agreable to
the Appropriations in said Supply Act, and whereas by Reason of
a delay in levying or collecting the said Tax The Treasurer is not
enabled to discharge the Warrants drawn upon him by the Lieu'
Governour & Council in consequence of the last mentioned Supply
to the great Inconvenience of the Possessors,

Therefore

Ordered that the Treasurer be & he hereby is directed, when &
so often as any such Warrants shall be presented to him, which are
drawn agreable to the Appropriations in said Act, & before a suffi-
cient Sum shall be brought in by said Tax, to discharge the same
to underwrite such Warrants as follows, viz' Noted for Payment
\ym j^oyQ Treasurer and to register the Same in a Book for that
Purpose: And the said Treasurer is further directed when & so
often as one Thousand Pounds of said Tax is bro't into the Treas-
ury, over & above what may be sufficient to discharge the Interest
due upon the first mentioned Notes, to pay off the said Warrants
which shall be so noted according to the Priority of their Dates,
of which he shall give publick Notice in some of the Boston News

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 691

Papers, and if any Warrants noted as aforesaid shall be offered in
the Discharge of the said Tax he shall receive the same accordingly.
\^Pas8ed December 30.'

CHAPTEE 147.

RESOLVE CONSTRUING AN ORDER IN REGARD TO CLAIMS TO LAND IN

THE EAST^ PARTS.

Whereas on the fourteenth Instant an Order [^ante, p. 674, Legislative
chap. 113] passed this Court appointing a Com'^" to inquire into coundf, xii!!^

the Grounds of the Complaints made by the Eastern Indians at ^^

the late Conferrence had with them at S* Georges, & to receive of House Jour-
Persons claiming Right their under Indian Titles, the Evidence ^w^e%'. 674,
of such their Titles and whereas some Doubts may arise whether chap. iis.
the Order aforesaid may not be construed as, restrained to Titles
derived by Purchase made of the Indians

Therefore

Resolved that the aforesaid Order shall be construed & understood
to extend to any Claims of Title to any Lands there founded on any
Cession made by the Indians, by Treaty or otherwise, and the said
Com'^'' are to receive the Evidence thereof & make Report accord-
ingly. \^Passed December 30.

CHAPTER 148.

ORDER ADJOURNG Y''^ COURTS IN Y^ C^ OF BARNSTABLE.

Whereas the Court of General Sessions of the Peace & Inferiour Legislative
Court of Common Pleas for the County of Barnstable are to be held council^ xlx!!^

at Barnstable on the third Thursday ^ of Jan^ Instant, & the sitting ^^

of the said Courts at that Time may be attended with more Trouble House Jour-
& Expence than Advantage Province '

Therefore _ cmT 32.^" '''

Ordered that the said Court of General Sessions of the Peace &
Inferiour Court of Common Pleas be & they hereby are adjourned
to the third Tuesday of March next, and all Officers & others con-
cerned in said Courts are to conform themselves accordingly, & that
all Processes & other Matters & Things depending in said Courts &
which are by Law to be heard, tried & proceeded upon at said Term,
shall be heard, tried & proceeded upon at said Court in March next, ^

and the Jurors of said Court are hereby required to conform them-
selves accordingly. {^Passed January 2.

1 This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is December 29.
- The House Journal, p. 114, reads, " Tuesday."

692

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 149, 150.]

CHAPTER 149.

Legislative
Records of ttie
Council, xix.,
521. Mass.
Archives,
Ixiv., 501.

Mass.
Archives,
Ixiv., 500.
House Jour-
nal, pp. 97, 113.

ORDER ALLOWING £50 AND A FURTHER SUM OF £20. 6. 8 TO ROB^ BALL.

A Petition of Eobert Ball keeper of the Light House, setting
forth the largeness of his Bussiness & necessary Expence in Pro-
portion to the Salary allowed him, and praying that his Salary may
Ise enlarged, and his Expence for Fire Wood, for keeping the Oyl
from being congealed may be allowed

Eead and

Ordered that the sum of fifty pounds be allowed and paid out
of the publick Treasury to the Petitioner for his Service as Keeper
of the Light House from November 8*^ 1751 to the 8'^ of Novem-
ber 1752. And that the further sum of Twenty pounds six
Shillings and eight pence be allowed him to discharge his Account
for the firewood herein mentioned. \^Passed January 2.

CHAPTER 150.

Legislative
Records of the
Council, xix.,
521. Mass.
Archives, ciii.,
68.

House Jour-
nal, p. 108.
Ante, p. 649,
chap. 51; p. 6.54,
chap, 64.
Infra, chap.
151.

ORDER ACCEPTING REPORT OF THE COMMITTEE FOR BURN» GOV^

NOTES.

Boston Decemb'' 20. 1752. Eeceived of William Foye Esq'

Treasurer of the Province of the Massachusetts Bay, The Sum of
Eight Thousand seven hundred & ten Pounds, in Government
Securities payable the tenth of June 1752, in part of Nine Thou-
sand Pounds which the Treasurer borrowed by Virtue of two Sup-
ply Bills with Interest thereon amounting to Nine hundred & twenty
seven Pounds nine shillings & three pence three farthings, the whole
amounting to the Sum of Nine Thousand six hundred & thirty seven
Pounds, nine shillings and 3''%. Also Two hundred & Eighty seven
Pounds, eight shillings & ten Pence, in Securities, which he gave
for Money borrowed |)er Order of the Court to supply the deficiency
of the Lottery with Interest amounting to Fourteen Pounds, four-
teen shillings & 9'^ which makes Three hundred & two Pounds, three
shillings & 7^^ the whole of the Securities with Interest, amounting
to nine Thousand nine hundred & thirty nine Pounds, twelve shil-
lings & ten pence three farthings which we have seen consumed to
Ashes, J. Osborne

N. B. The Above Receipt includes Four Pounds over paid M'
Powers Mariot, for Interest for which the Treasurer is further
accountable.

Read and Accepted. \^Passed January 2.

[2d Sess.] Province Laws {Eesolves, etc.). — 1752-53. 693

CHAPTEE 151.

ORDER ACCEPTING THE SECOND REP*' OF Y^ COMt^e fqR BURN« GOV

NOTES.

Second Eeport of the Comtee for burning Bills Legislative

Boston Decemb'' 22. 1752 Eeceived of William Foye Esq"" councif, xix.,^

Treasurer of the Province of the Massachusetts Bay, The Sum of Archives^^ciii
Thirteen Thousand three hundred & Eighty four Pounds thirteen 67.
shillings & ten pence in Government Securities payable the 31^* House Jour-
December 1751, with Interest thereon amounting to Eight hun- SMpra/chap.
dred & thirty Pounds nineteen shillings & ll''i/4. The whole amount- '^^•
ing to the Sum of Fourteen Thousand two hundred & fifteen Pounds
thirteen shillings & 9*^1/4 which we have seen consumed to Ashes.

J. Osborne
Read and Accepted. [^Passed January 2.

CHAPTEE 152.

ORDER ALLOWING £4. 2. 8 TO SAMi- WILSON.

A Petition of Samuel Wilson shewing that he was a Soldier at Legislative
Castle William from whence he went sick to Newton praying that councif, xix.,^
he may be allowed his Wages for that Time, with the Charge of his ^chives^^'
Diet & Sickness. ixxiv., 49'.

Read and Mass.

Ordered that the Prayer of this Pet° be so far granted as that the ^xiv^JH'.
Pef be allowed out of the Province Treasury the Sum of four pounds House Jour-
two Shillings & eight pence Lawful Money in full Consideration for (January,
his Wages w'-^'in mentioned. \^Passed January 2.^ ■^'^^^^'

CHAPTEE 153. ^IflU^.

Council, xix.,
522. Mass.
VOTE PRESENTING ONE OF THE PROV*'^ HORSES TO Y^ LIEUT GOVERN'*. Archives, i.,

232.

Voted that the Province Horse now in the keeping of Judge Rus- ^^"^f jfo""""
sell be presented by this Court to His Honour the Lieu' Governour ^'n<e,p. 677,
for his Acceptance. \^Passed January 3. ®^^p- "^•

CHAPTEE 154.

ORDER APPOINTING A COMMITTEE TO PREVENT DISASTER TO THE
PROVINCE FROM THE TREASURER NOT HAVING TAKEN THE OATH.

In the House of Repres^' RlforKfthe

Ordered that M'' Speaker, M"" Trowbridge, M-^ Tyng, Coll° Otis Council, xix.,
& Capt Sheaff with such as the Hon*"'^ Board shall appoint be a ^^^'

' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is January 4.

694

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 155, 156.]

Mass.

Archives, ciii.,
72. House
Journal, p. 115.
Infra, chap.
157.

Com""' to project some proper Method to prevent the 111 Conse-
quences to the Government by Eeasoii of the Neglect of William
Foye Esq"" in taking the Oath respecting the Passing & receiving
the Bills of the other Governments necessary to qualify himself
for the Office of a Treasurer of the Province. The Com""^ to sit
forthwith & report thereon. In Council Eead & Concur'd and

Benjamin Lynde, John Cushing, John Quincy, & Andrew Oliver
Esq^ are joined in the Affair. [Passed January 3.

CHAPTER 155.

ORDER ACCEPTING REPORT OF THE COMMITTEE ON THE GIFT OF
£700 TO THE PROVINCE BY SIR PETER WARREN.

Legislative
Records of the
Council, xix.,
623. Mass.
Archives, xiii.,
395.

House Jour-
nal, p. 115.
Ante, p. 682,
chap. 131.

The Com'^™ apjjointed for the within mentioned Purpose, have
waited upon the Gentlemen who in the Life time of Sir Peter War-
ren were intrusted with his Affairs, & conferred with them respect-
ing the £700 Sterl^ which he had appropriated for the Instruction of
Indian Children, were informed by said Gentlemen, that altho' they
had a sufficiency in their Hands, & might upon the Order they had
rec'^ from him had Justified the Payment, had he still been living,
yet as Sir Peter was now dead they could not look upon themselves
authorized to pay the Same, without Orders from the Executors;
The Com"'* were further informed that M"" Cheif Justice Delancy
of New York was one of the Executors, and had an Exemplifica-
tion of the Will, and are therefore of Opinion that the Secretary
be directed to write upon that Head & transmit Copys of Sir Peters
Letters to the said Executor, and desire to know his Eesolutions
concerning the Payment of the Sum thus appropriated

Jacob Wendell by Order.

Bead & Accepted &

Ordered that the Secretary prepare a draft of a Letter accord-
ingly & forward the same as soon as may be. [Passed January 3.

CHAPTER 156.

ORDER ALLOWING ACCO^ OF THE GUARD^ OF MASHPEE IND«

Legislative
Records of the
Council, xix.,
523. Mass.
Archives,
xxxii., 315.

Mass.
Archives,
xxxii., 314.
Legislative
Records of the
Council, xviii.,
43. House
Journal, pp.50,
115.

An Accompt presented by David Crocker & others. Guardians
of the Indians of Marshpee, of Eeceipts & Disbursments for them
from June 1751, to November 1752. Ballance in their Hands being
£15.16.111/2

Eead and

Ordered that the within written Ace* be allowed and that the
Ball^ thereof being fifteen pounds Sixteen Shillings and eleven
pence half penny The said Guardians be further accountable for.
[Passed January 3.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 695

CHAPTEK 157.

ORDER ACCEPTING REPORT OF THE COMMITTEE ON Y^ AFFAIR OF
THE TREAS^s NOT BEING SWORN.

Report of the Com*''^ on the Affair of the Treasurers not being
sworne.

The Com''''' appointed for the within mentioned Purpose having Legislative
met & Considered the Affair, are humbly of Opinion that M'" Foyes ^unclf, xix!!^
neglecting to take the Oath required by Law respecting the Bills of 524.
the other Governments renders it necessary that an Act should be Mass.
passed, to confirm all the otherwise legal Acts & doings of the s'^ M' 73!*^ Hmise"'"'
Foye as Province Treasurer, & that a Bill be brought in accordingly, pp^ns^'iie 117

Ben J^ Lynde per Order ns, 119,121.

Province

Which Eeport was accepted by both Houses with the following Laws, in. ,649,
Additions & Amendments, viz. that this Com'^" prepare the Draught p.eM, chap^es.
of a Bill accordingly, that the Bill provide also that the past Pro- ^«P'-«.chap.
ceedings of Daniel Russell & John Wheelwright Esq* be made good
& valid tho' they have not been qualified according to Law and that
M' Treasurer Foye be directed, if he see fit to take the Oath afore-
said in order to qualify him to act for the future in his Office as
M'' Russell & M"" Wheelwright have done

And that the Treasurer be enjoined to perfect his particular Ac-
compt of the State of the Treasury to the first day of February
next agreable to the Vote of the House enter'd the 4"" of June last
& that he lay the said Accompt before the Com'"" of both Houses
appointed for that Purpose on the thirtieth of November last within
six Weeks from this Time on Pain of the Displeasure of this Court.
[^Passed January 4.

CHAPTER 158.

ORDER ALLOWING FURTHER TIME TO HUMPHREY HOBBS & OTHERS
FOR THE SETTLEMENT OF A TOWNSHIP.

A Petition of Humphrey Hobbs, William Peabody & others Legislative
Grantees of a new Township in the Eastern Parts granted them councif xix.*^^
& their Associates in the Year 1750, setting forth the Difficultys ^}^- Mass.

A.rciiiv6S

they have met with in settling it according to Time, Praying that cxvi., m
their Term may be lengthned & that they may be allowed a Guard. Mass.
Read and in answer to this Pet" ^x'^iJ^m

Ordered that the Pet" be allowed the further Term of two Years House Jour-
from April next for the Settlement of the Sixty families herein ^n^efp. 400,
mentioned. \Pas8ed Jamiary 4. *=^^p- ^'^-

696

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 159-161.]

CHAPTEK 159.

VOTE FOR SELL« LAND IN HAMPS. COUNTY AND APPOINTING A COM-
MITTEE THEREFOR.

Legislative
Records of the
Council, xix.,
525. Mass.
Archives,
xlvi., 290.

Mass.
Archives,
xlvi., 290-292.
House Jour-
nal, p. 120.

In the House of Eep"'''

Voted that the Six thousand Acres of Province land lying in the
County of Hampshire south partly in Charlemount &c be Sold to
the highest Bidder on the second thirsday of the next Sitting of
this Court within the Town of Boston to be sett up at three Shil-
lings per Acre The Purchaser or Purchasers to pay down Twenty
Dollars the remainder within one Year from the date of the Sale
and to give sufficient Bond accordingly.

Also that He or they give Bond to Settle fifteen Families on said
Land, to build a House eighteen feet square, and seven feet Stud, and
to clear up Six Acres fit for mowing and tillage, and Stock the same
with english Grass or Grain for each Family, and Compleat the same
within five Years from the date of the Sale. And that the Lands
be advertis'd in the Kecess of the Court. And

Voted that M'' Speaker Col° Richards and Col° Otis with such as
the Hon'''" Board shall Joyn be a Comm"" for the purposes above
mentioned.

In Council

Eead & Concur'd & Sam" Watts »& John Quincy Esq" are joined
in the Aifair. \^Passed January 5.

Legislative
Records of the
Council, xix.,
525. Mass.
Archives, ciii.,
70.

CHAPTEE 160.

ORDER DIRECTING TREAS^ TO RECIEVE PROVINCE BILLS OF CREDIT
FOR TAXES NOW DUE.

Ordered that the Treasurer be allowed and directed to recieve the
House Jour- -^^^^^ °^ Credit on this Province for all Taxes that are now due to
nai,pp.ii8,ii9. the said Province until the 10^'' day of June next. [Passed Jan-
uary 5.

Legislative
Records of the
Council, xix.,
525.

House .Jour-
nal, p. 112.
Province
Laws, iii., 600,
chap. 16.

CHAPTER 161.

ORDER FOR THE TRANSFER OF £1,000 TO Y^ APPROP^ FOR GRANTS.

Ordered that the Sum of One Thousand Pounds be transfer'd
from the Appropriation for the Defence of the Province to the
Appropriation for Grants &c. [Passed January 5.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 697

CTTA-pmTr'"0 -\ ao Legislative

-tl-A-XlJliXt lOZ. Records of the

Council, xlx.,

ORDER APPOINTING A COM^ee tO PREPARE PAPERS FOR THE AGENT. Archives, xxi.,

85.

Ordered that the Com""^ appointed to prepare the Evidences & Refords^onhe
Papers necessary to be transmitted to M' Agent BoUan be directed council, xix.,
to sit in the Recess of the Court, & to forward the same as soon as journai',"pa2i.
may be. \^Passed January 5.

CHAPTER 163.

VOTE DIRECTING THE SHERIFFS TO PAY INTO THE TREASURY TAXES
COLLECTED AND ALSO TO COLLECT ON EXECUTIONS, AND ORDER
DIRECTING THE TREASURER TO ISSUE EXECUTIONS.

Voted That the sherriffs of the severall Countys In this Gover- Legislative
ment Be Directed forth with to Pay Into the Province Treasnrey councff, x^ix*?.*"
all the Moneys they have Recived By Executions from the Prov- ^i^^- .^^'"^s^-...

J J J ArCillVGS Clll*.

ince Treasurer also all Fines In their Hands Recived By Order from 69.

the several Executive Courts from Time to Time and yt s'^ sheriffs House Jour-

forth with Collect all The Moneys due on the severall Executions °ai. p-ii^-

now In their Hands & make Return there of as soon as Possible

and That the Treasurer Be Drected to Notify the said sherriffs of

this order

Ordered also that the Treasurer Be Directed Imediately to Issue
his Executions for all Taxes Before the year 1752 that he had here-
tofore omitted Sending his Executions for. {^Passed January 5.

CHAPTEE 164.

ORDER IMPOWERING JOHN FOSTER TO ENTER AN ACTION.

A Petition of John Foster of Deerfield complaining of a cruel ^^sisiative

. . . ... 1 T J? • /-I i Records of the

& unjust rrosecution carried on against him at tlie Inieriour Court Council, xix.,
for the County of Middlesex, by fradulent Methods by Nathaniel Arcw^es*,^'
Smith of Marlboro' who has obtained Judgment against him & xmi., 596.
thereon cast him into Prison, praying that he may be released Mass.
from his Imprisonment, & allowed a new Trial of said Cause. xiiii., 692^596.

Read and _ ^^1?"^"

Order^ That the Petitioner have Liberty of Entring anew at the
next Inferior Court in the County of Middlesex the Action within
mention*^ and that he be then Entituled to every Method of Defence
111 the same that by Law he would have been on his Appearance at
the original Entry thereof and that the Justices of said Court be
& Hereby are impowred to hear & try the same accordingly & Further
that the said John be discharged from his Imprisonm* upon his first
Entring into Bonds to the Sheriff of the County of Hampshire w*
Two Sufficient Sureties in Double the Sum recover'^ for his Entring
& prosecuting said Action at said Court and for his paying to said
smith double Intrest & Double Additional Cost in Case Judgm* on
said Tryal should be had against Him. \Passed January 5.

698

Province Laws (Hesolves, etc.) . — 1752-53. [Chaps. 165-168.]

CHAPTER 165.

ORDER ON THE PETITION OF JAPHET BUSH IN REGARD TO 200 ACRES
OF PROVINCE LAND.

Legislative
Records of the
Council, xix.,

52t;. Mass.
Archives,
xlvi., 261.

Mass.
Archives,
xlvi., 260, 262.
House Jour-
nal, pp. Ill, 119.
Ante, p. 696,
chap. 159.

A Petition of Japhet Bush of Sheffield in the County of Hamp-
shire shewing that there is Two Hundred Acres of Land belonging
to the Province praying that he may be allowed to purchase it for
such Sum as may be judged Eeasonable & that it may be surveyed
& confirmed to him accordingly.
In the House of Kep^'^^

Eead and

Ordered that the land within mentioned be Sett up at 3/ p Acre
and be Struck off to the highest Bidder on the second thirsday of
the next Sitting of this Court; within the Town of Boston.

The Purchaser to pay down ten dollars the remainder within one
Year, and to give a Sufficient Bond accordingly.

This land to be advertis'd in the recess of the Court and M''
Speaker Col° Eichards Col° Otis With such as the Hon^''' Board shall
Joyn be a Comm^'' for the purpose abovementioned.
In Council

Eead & Concur'd & Sam^^ Watts & John Quincy Esq" are joined
in the Affair. \^Passed January 5.

Legislative
Records of the
Council, xix.,
526.

House Jour-
nal, p. 121.

CHAPTER 166.

VOTE REFERRING ALL UNFINISHED- MATTERS.

Voted that all Matters now before the Court & not passed upon,
have the Same day at the next sitting of this Court. [^Passed Jan-
uary 5.

CHAPTER 167.

Legislative
Records of the
Council, xix.,
526.

House Jour-
nal, p. 121.
Ante, p. 695,
chap. 157.

ORDER DIRECTING SESSION OF THE COM^ee qN THE TREAS^ ACCO^^

Ordered that the Com"''^ appointed to settle the Treasurers Ac-
compts be directed to sit as soon as the Treasurer is ready for them,
any five of them to be a Quorum. \^Passed January 5.

CHAPTER 168.

ORDER IMPOWERING ROBERT AUCHMUTY, ATTORNEY, TO SELL REAL

ESTATE.

Legislative
Records of the
Council, xix.,
■526. Mass.
Archives,
xviii., 923.

A Petition of Eobert Auchmuty of Boston, Attorney to Hen-
rietta Overing only surviving Executor of John Overing late of
Boston Esq"" dec"* shewing that thro' Mistake the Personal Estate
of the Dec'' was never inventoried tho' there was a sufficiency to

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 699

pay the Deceaseds Debts, nor any Bond given for such Payment, Mass.
that the said Henrietta having paid a small Part of the Debts inter- xviu., 921.
married with one Benjamin Fogg & went away privately to Halifax, nai^pp^Kt^m
carrying with her the Remainder of the Personal Estate, therefore I'rovince

</^ o ' Lciws 11. 151|

praying that the Pef may be impowered by this Court to make Sale chap. 10.'
of the Real Estate for the Payment of the Debts, or otherwise be
directed by this Court.

Read and

Ordered that the prayer of the Petn be granted. And that the
Pef be and he hereby is Impowered to make Sale of the Estate
within mentioned, for the most it will sell for. He observing the
directions of the Law of the Province respecting the sale of Intes-
tate Estates And giving Caution to the Judge of Probate for the
County of Suffolk to apply the produce for the payment of the
Just Debts of the Deceased. And that the overpluss (if any there
be) be Secured for the Heirs of the said Testator. [Passed Jan-
uary 5.

CHAPTER 169.

ORDER ON THE MEM" OF Y^^ COLLEDGE TREAS^^.

A Memorial of Thomas Hubbard Esq"" Treasurer of Harvard R|ford"of the
Colledge in Cambridge, in behalf of the said Colledge, shewing Council, xix.,

that the Assessors of the Town of Weymouth have taxed an Island — '-^

belonging to the said Colledge called Bumpkin Island, and have Archives,
issued their Warrants upon the Tenants which is contrary to the i^"i-< 36", 369.
Charter Priviledges of the said Colledge; Praying for Redress in nai, pp. 93, 120,
this matter, and in any other Instances of the like Nature that ^^^'
may happen.

[Report] Read &

Ordered that this Report be & hereby is accepted &

Thereupon

Resolved that the Real & Personal Estate belonging to the Col-
ledge & the President thereof not exceeding the Sum of Five Hun-
dred Pounds, per Annum ought to be & the Same is hereby exempted
from all civil impositions whatsoever, & that for the Future a Clause
be inserted in the several Tax Acts to exempt the Same accordingly :
and that as Soon as the annual Revenue of the Colledge amounts to
Five hundred Pounds ^ Annum, the Colledge Treasurer do give an
Accompt thereof into the Secretarys Office. [Passed January 5.^

CHAPTER 170.

ORDER GRANTING TO ZACCHEUS NORWOOD LICENCE TO KEEP A

TAVERN.

A Petition of Zaccheus Norwood of Lyn, shewing that he has Legislative
lately hired the House in said Town wherein John Ward kept Tavern, coundf, xx!f 1.
which has been improved for that Service for a great Number of Years ^^^^-^^g ^j
past; Praying that the Justices of the Court of General Sessions of 259.

^ Adjourned to March 28. See Legislative Records of the Council, xix., 527.

700

Province Laws (i^e^'ofees, etc.). — 1T52-53. [Chaps. 171, 172.]

Mass.

Archives, cxi.,
258. House
Journal, p. 1-5.

the Peace for the County of Essex, may be allowed & impowered by
this Court to grant him a Licence to keep Tavern there:

Kead and

Ordered that the Justices of the Gen' Sessions of the Peace for the
County of Essex now sitting in Ipswich be impowered to grant the
Pef a Licence to keep a Tavern in the house within mentioned
the remaining part of the Year (the time by Law for granting
Licences being elapsed notwithstanding) Provided the Pef first
obtains the approbation of the select Men of the Town of Lynn for
the purposes above mentioned. \^Passed March 29.

Legislative
Records of the
Council, XX., '2.
Mass.
Archives,
xviii., 934.

Mass.
Archives,
xviii., 934.
House Jour-
nal, p. 126.
Province
Laws, ii., 151,
chap. 10.

CHAPTER 171.

ORDER IMPOWERING SARAH FISKE, ADMINISTRATRIX, TO SELL REAL

ESTATE.

A Petition of Sarah Fiske Widow & Administratrix of William
Fiske late of Sutton dec'' shewing that the Debts of her said Hus-
band are much more than the Personal Estate, & therefore praying
for Liberty to sell the Keal Estate.

Read and

Ordered That the Prayer of the Petition be granted, and the Pet'
is allow'd (with the advice and assistance of CoP Chandler) in her
Capacity of Adm'^, to make Sale of the Estate within mention'd,
and to execute, in due form of Law, a Deed or Deeds for convey-
ance thereof to Such Person or Persons as Shall give most for the
Same; and apply the Produce thereof towards the payment of the
deed's just Debts; and the Remainder to be disposed of as the Law
directs; Provided, before Such Sale be made, the Pef observe the
Directions of the Law, pass'd in the Sixth year of his late Majesty
King George the first, relating to Exors and Admors Sale of Real
Estates, and give Sufficient Security to the Judge of Probate for
the County of Worcester for the faithful discharge of her Trust.
\_Passed March 29.

CHAPTER 172

Legislative
Records of the
Council, XX., 2.
Mass.
Archives,
xxxii., 348.

ORDER APPOINTING MESSRS FREEMAN & HALL GUARDIANS OF THE
BARNSTABLE INDIANS.

Ordered that John Freeman Esq' and M' Joseph Hall be Guar-
Legisiative dians to the Indians in the lower part of the County of Barnstable
Records of the in the room of Samuel Knowles Esq"" and Cap* John Miller both
""^ House"'' Dec'd. [^Passed March 80.

Journal, p. 128.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 701

CHAPTER 173.

ORDER DIRECTING THE COMMITTEE TO SETTLE THE ACC^^ qf THE Legislative

LOANS WITH THE COMMISSIONERS. Coundf xx*^^!

Mass.

Ordered that the Comm®® of both Houses appointed to examine the ^^cwves, cm.,
Accompts of the Treasurer of the Province be directed to Settle the House Jour- —
Accompts with all the Commissioners upon the Loans &c nai, p. i3l

And Eeport thereon. [Passed March 30. chap.m!^^'

CHAPTER 174.

ORDER ALLOWING 40/, AND A FURTHER SUM OF 40/ ANNUALLY TO
JOHN SIMON, INDIAN.

A Petition of John Simons of Middleboro Indian, praying for Legislative
some Eelief from this Court in Consideration of Wounds received coimcif xx!^2^.
from the Enemy in the publick Service by which he is disabled from Mass.

Y V J i. J Archives,

LiauOUr. xxxii., 318a.

Read and Mass.

Ordered that the Sum of forty Shillings be allowed the Pet' out of ^^^^%,_
the publick Treasury in consideration of his past Sufferings. And that House' Jour-
the like Sum of forty Shillings be annually allowed the Pef during 128,131. '
his natural life. The said Sum to be paid into the hands of the Over-
seers of the Poor of the Town of Middleborough to be improved
by them for His comfortable Subsistance. [Passed March 30.

CHAPTER 175.

ORDER SETTING OFF THE REAL ESTATE OF ISAAC ROYAL, ESQ^, FROM
THE TOWN OF STOUGHTON TO WALPOLE.

A Petition of Isaac Royal Escf shewing that he has a Farm in Legislative
the Town of Stoughton, which with others was formerly exempted councif xL-^^
(by Reason of their great Distance from the Place of Publick Wor- 487. Mass.
ship & the School there) from paying any Thing to the Sujjport of cxvi.,W.
them & in that Respect placed it to the Town of Walp9le, & for as Mass.
much as many other Inconveniences arise from their Scituation: ^xvi^lgs'
praying that the said Farm may be wholly set off from Stoughton Legislative
& annexed to the Town of Walpole Councif.xix.!^

Read, together with the Answer of Joseph Billings in behalf of House^Jour-
the Town of Stoughton, & nai,pp.62,96,

Ordered that the Prayer of the Petition be granted. And the p^^53of"hap.
Real Estate of the Petitioner within mentioned is accordingly set 305.
off from the said Town of Stoughton, & annexed to the Town of
Walpole to do Duty & receive Privilege there during the Pleasure
of this Court. [Passed March 30,

702

Province Laws {Besolves,etc.). — llD2-5S. [Chaps. 176-178.]

Legislative
Records of the
Council, XX., 3.
Mass.
Archives,
Ixxiv., 97.

House Jour-
nal, pp. 127, 131.
Province
Laws, xiii., 702,
chap. 319.

CHAPTER 176.

ORDER ALLOWING £4, AND A FURTHER SUM OF £3 ANNUALLY TO
ROGER HUNNEWELL.

A Petition of Eoger Hunnewell of Scarborough, shewing that
he has had some Relief, iu time past, from this Court, in Consid-
eration of the Loss of his Arm at the Seige of Louisbourgh, and
was recommended by the two Houses to be placed in some of the
Forts, to receive pay for his Support; but that not having been
effected ; Therefore praying for some other & further Eeleif from
this Court.

Read and

Ordered that the Sum of four pounds be allowed the Pet' in con-
sideration of his Sufferings to this time. And that the Sum of three
pounds be allowed out of the publick Treasury to the Pet' annually
during his natural Life. [Passed March 30.

CHAPTER 177.

ORDER IMPOWERING THE ASSESSORS OF THE DISTRICT OF DOUGLASS
TO ASSESS A TAX OF ONE HALF PENNY PER ACRE FOR THREE
YEARS.

Legislative
Records of the
Council, xix.,
4S6. Mass.
Archives,
cxvi., 307.

Mass.
Archives,
cxvi., 306.
Legislative
Records of the
Council, XX., 3.
House Jour-
nal, pp. .58, 59,
133. Ante,
p. 368, chap.
261.

A Petition of the Inhabitants of the District of Douglas, set-
ting forth their Difficulties in maintaining their Minister & other
Charges & for as much as the Court have denied to make abate-
ment of their Province Tax, praying that they would take some
Method for their Relief.

Read & it Appearing that the Non resident Proprietors were Served
with a Copy of this Pet° & that they had no Objection thereto ; There-
fore

Ordered that the Prayer of the Pet'' be so far Granted that the
Assessors for the within Mentioned District of Douglas be and
hereby are Impowerd to Assess one half peny ^ Acre Annually
for the Space of three Years on all the Lands of the Non resident
Proprietors lying within said District for the Purposes within men-
tioned. [Passed March 31.

CHAPTER 178.

RESOLVE DIRECTING THE PROVINCE TREASURER TO REDEEM PRIZE
LOTTERY TICKETS WITH INTEREST.

Legislative
Records of the
Council, XX., 4.
Mass.
Archives,
lxxxviii.,25.

House .Jour-
nal, pp. 130, 132.
Province
Laws, iii., 548,
chap. 20.

Whereas in & by An Act of this Government made and pass'd
in the 24*^ year of his Majestyes Reign Entitled an Act in Addi-
tion to an Act Intitled an Act for supplying the Treasury with
Twenty six thousand seven hundred Mill'cl Doll" it was Enacted
that all and every Owner and possessor of any benefit Tickets as
should not be paid off within One Year after drawing by reason
of any deficiency, that might then be in the Treasury shall draw

[2d Sess.] Province Laws {Resolves^ etc.). — 1752-53. 703

an Interest after the rate of Six p'' Ct p"" Annum dureing the
Time of such deficiency in the Treasury provided demand

be made of payment within Twenty days after y" Year is expired
And whereas the proviso in the Act aforesaid was not published in
the scheme for raising the aforesaid 27,(300 Doll" by way of Lottery
whereby many Persons were entirely Ignorant of their being Obliged
to make such Demand within the term limitted by s'^ Proviso, and
many that have made such Demand, finding the Treasurer was not
in Cash to discharge the Benefit Tickets, inform'd others that were
possessd of them of the deficiency in the Treasui-y who thought
it Needless to make any Tender of 'em for to be Exchanged. There-
fore that equal Justice might be done to all concerned.

Resolved that the Treasurer be & he hereby is Enabled & directed
to redeem all the Benefit Tickets that are still Outstanding at the
rate of Three p" C* for the first Year, And at the rate of Six p"" C
from the end of the first year to the Time of their Redemption,
provided the Possessors make a demand in One Month after the
Treasurer gives jDublick Notice, that he is ready to discharge them,
which notice the Treasurer is directed to give immediately. \^Passed
March 31.

CHAPTEE 179.

ORDER ALLOWING £2. 13. 4 TO WILL" GERMAIN.

A Petition of William Germain of Yarmouth, setting forth his Legislative
Services & Sufferings in the late Wars with the French & Indians, & counc*if, xl!?!.
his present Disability by Means of Old Age & his Wounds formerly Mass.
received, praying for Relief from this Court. ix^iv.Igs.

Read and u&&b. '

Ordered that the Pef be allowed out of the publick Treasury the j^xfv^l'
Sum of two Pounds thirteen Shillings and four pence in considera- House Jo'ur-
tion of his Sufferings within mentioned. [Passed March 31.' na^i, pp. 124,125,

CHAPTER 180.

RESOLVE IN REGARD TO THE DIVISION OF POLLS AND ESTATES
BETWEEN THE FIRST AND SOUTH PARISHES IN IPSAVICH.

On the Petition of the South Precinct in Ipswich, [ante^ p. 582, Legislative

-,V,„^iAnT Records of the

chap. 109. J ^ Council, XX., 5.

Resolved that the said South Parish shall hold & enjoy one half mass.
of the Poles & Rateable Estate, lying within the Limits of the first Archives, xiii.,
Parish, & South Parish inclusively, agreable to the General List Journal, pp. 65,
taken for the Year 1746, for the Appointment of their Taxes (sav- p^^gslfch^?'*'
ing the Polls & Estates, that were since set off to Rowley, and that i09-
part of M' Epes's Farm lost by Sand) & no more; and that the said
first Parish, together with the South Parish by their Committees,
be & they hereby are directed to settle said List, & divide said Polls
and Estates as soon as may be, in order to ascertain the Polls and

* This date is according to Mass. Archives and the House Journal: according to Legis-
lative Records of the Council the date is April 3.

704

Province 'Law^ {Resolves, etc.) . — 1752-53. [Chaps. 181, 182.]

Estates which for the future shall belong to each Parish ; Which
List shall henceforward be deemed the divisional Parts of the said
Parishes,

Resolved also that if the said Committee should not agree on the
said Division by the List before mentioned, that then they shall call
in the Aid of Mess" Nathaniel Averil, Thomas Gage & Humphrey
Hobson to settle the said List for the Purpose aforesaid. [^Passed
April 3.

CHAPTER 181.

ORDER IMPOWERING JACOB CHALCOM & OTHER INDIANS OF NATICK,

TO SELL LAND.

Legislative
Records of the
Council, XX., 7.
Mass.
Arcliives,
xxxii., 345.

House Jour-
nal, p. 197
(January,
1746) ; pp. 126,
140.

Two Petitions of Jacob Chalcom & others Indian Inhabitants of
Xatick, shewing that Whereas the Eev*^ M"" Stephen Badger has been
lately ordained Pastor of their Church, they are willing & desirous
that he should have suitable accommodations of Land in the said
Place for his more comfortable Support; Praying that they may
be impowered to settle upon him certain Lands mentioned in the
Petitions

The Guardians of the said Indians having signified their Appro-
bation thereof,

Eead, and

orderhl that the Prayer of the foregoing Petitions be granted,
and that the Petitioners (with such other Indians as may joyn with
them) have Liberty (with the Advice & assistance of the Guardians
of the Indians in Natick) to Dispose of so much of their Interest
in Lands as may be necessary for the Purposes in said Petitions
mentioned: And the Guardian or Guardians of the Children

& Heirs of Samuel Abraham Deced (now in their minority) are
hereby authorized & impower'd to convey to the Eev*^ JVP Badger
(by sufficient Deed) the whole of said minors Interest in the four-
teen acres aforesaid; upon valuable Consideration paid or secured
to be paid therefor; and the Widow & Cliildren of the said Samuel
who are of LawfuU age are alike impowered to Dispose of their
Interest in the Premises: The monies arising thereby to be put
into the Hands of the Guardians appointed by this Court, & to
be let out on Interest, or otherwise improv'd for the best advantage
of the Parties Interested, They to be accountable therefor to this
Court. \^Passed Ajjril 4.

CHAPTER 182.

ORDER ACCEPTING REPORT OF THE COMMITTEE FOR FARMING THE
EXCISE FOR THE COUNTY OF BARNSTABLE FOR THE YEAR 1752, AND
ALLOWING £3. 1 FOR THE EXPENSE THEREOF.

Legislative
Records of the
Council, XX.,
10. Mass.
Archives,
cxix., 580.

House .Jour-
nal, pp. 24, 140.
Ante, p. g:36,
chap. 15.

A Report of the Committee for farming out the Excise of Wines,
Liquors kc,°' for the County of Barnstable for the Year 1752, that
they had let out the same to David Freeman Esq"" for the Sum of
One hundred & forty two Pounds eight shillings, & taken Bonds
& lodged them with the Treasurer Charges being £3.1,

Eead and Accepted and

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 705

Ordered that the sum of three pounds One sh^ be allowed out of
the Treasury to the Comm''*' for the service abovementioned. \^Passed
April 4. '

CHAPTER 183.

ORDER ALLOWING £80 TO SAM'- BRADSTREET. Legislative

Records of the
Council, XX., 9.

A Petition of Samuel Bradstreet, Clerk to the Directors of the Mass.
Lottery of this Province, shewing his great Trouble & Labour in ixxxviii.,' 36.
the said Business & Praying for a suitable Allowance from this Mass.
Court in Satisfaction thereof: toSse-.

Read and House Jour-

Ordered that the Pef be allowed out of the publick Treasury the liV ^province
sum of Eighty pounds in full consideration for his Services in the ^ifap^'is"'' ^^^'
Capacity abovementioned. [Passed April 5,

CHAPTER 184.

ORDER appointing A COMtee tO ENTER UPON FORFEITED LANDS
GRANTED BY THIS PROVINCE.

In Council; ffirds^of the

Ordered that John Quincy & John Chandler Esq" with such as council, xx.. 9.
the Hon'''^ House shall appoint, be a Committee fully impowered Mass.
in behalf of the Province, to enter upon & take Possession of all ^'^fj^sHlsse.
the Tracts of Land within this Government, heretofore granted by House Jour-
this Court on Condition of a Settlement within a limitted Time, "'"^'PP" '
now expired, wherever such Settlement shall not be compleated,
within Eighteen Months from passing this Order in as ample Man-
ner as was required by the Condition of each respective Grant; and
the said Committee are further impowered & directed to report their
doings to this Court in order to make Sale of all such forfieted Lands
to the highest bidder at such time and in such Proportion as they
shall think most for the Interest of the Province ;

Ordered also that this Committee have full Power to send for Per-
sons & Papers as they shall judge necessary; And it is futher
Ordered that this Vote be published in all the publick News
Papers; In the House of Representatives Read & Concurd & M'
Hunt, Col° Richards & Col° Worthington are joined in the Affair.
[Passed April 5.

CHAPTER 185.

ORDER GRANTING TO JOHN NASH LICENCE TO KEEP A TAVERN.

A Petition of John Nash of Weymouth Innholder, shewing that ^^'^'^^^"'^1 .u
by Reason of the Small Pox, then in Boston, he was prevented from council, xx.,
renewing his Licence, at the Time by Law appointed, Therefore Arciifv«f8%xi.,
Praying that the Court of General Sessions of the Peace for the ^

County of Suffolk may be allowed to renew his Licence at their Mass.

J. m Archives, cxi.,

next Term. _ 26o. House

Journal, p. 144.
^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 6.

700

Frovi:sce liAws (Resolves f etc.). — 1752-53. [Chaps. 186-188.]

Eead and

Ordered that the Justices of the Gen' Sessions of the Peace for
the County of Suffolk be allowed (if they see cause) to grant the
Pef a Licence to keep Tavern the remaining part of the Year. He
first obtaining the approbation of the select Men of the Town of
Weymouth for that purpose. [Passed Apj'il 5.

CHAPTER 186.

Legislative
Records of the
Council, XX.,

Archiv'tfs^' ORDER SUBSTITUTING CAP^ MOSES MARCY FOR MR JABEZ LYON AS

xxxil., 350. GUARDIAN OF THE DUDLEY INDIANS.

Legislative

coundf xiiiL Ordered thsit Cap' Moses Marcy be one of the Guardians to the
43. House ' Dudley Indians in the County of Worcester in the Eoom of M""
'prov?nc'e^' ^' Jabcz Lyou who declines acting as a Guardian. [Passed April 5.^

Laws, xiii., 523,
chap. 151.

CHAPTER 187,

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

Legislative
Records of the
Council, XX.,
11. Mass.
Archives,
xliii., 661.

Mass.
Archives,
xliii., 652-660.
House Jour-
nal, pp. 148, 149.

A Petition of Ephraim Gates of Stow, shewing that he had an
Action depending at the Superiour Court for the County of Worces-
ter between the Pef and one Josiah Gibbs of Ehode Island Colony,
upon Appeal ; That the Petitioner forgetting the Alteration of the
Stile failed of attending at the said Court, by which the Cause went
against him by Default; Praying that he may be allowed an other
Trial & Execution stayed in the mean time.

Ordered that the Pef serve the adverse Partie or his Attorney
James Putnam with a copy of this Pef 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 Execution within mentioned is Stayed in the mean time.
Provided the Pef^ give Suflicient Securetie to the Sheriff of the
County of Middlesex to pay what Sum shall finally be Judged due
on this Action with Interest for the Same from this time. [Passed
April 6.

CHAPTER 188

Legislative
Records of the
Council, XX.,
11. Mass.
Archives,
xlvi., 303.

House Jour-
nal, p. 148.

ORDER APPOINTING A COM^i^e FOR EJECT« INTRUDORS ON THE PROV*^^

LAND.

In the House of Eep""'

Ordered that Judge Kussell M"" Trowbridge and Col" Otis with
such as the Hon*'''" Board shall Joyn be a Committee to Consider of
and Eeport a proper Method in order to Dispossess those Persons
Who have taken Possession of the Province Lauds without any
Grant from the Government.

In Council Eead & Concurd & Benj^ Lyude & Stephen Sewall
Esq" are joined in the Affair. [Passed April 6.

^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 6.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 707

CHAPTER 189.

ORDER DIRECTING COM™^ TO DISPOSE OF WARLIKE STORES BELONG" Legislative

TO THE PROV'^'' SHIP. Records of the

Council, XX.,
11. Mass.

Ordered that the Comm'^ appointed to make Sale of the Province bw^v'^^s-ls!
Ship be directed (with the Leave of His Hon"" the Lieu* Gov'' and

Commander in Chief) to Make sale also of the AVarlike Stores ap- nSl^v- wy^
pertaining to her or such of them as they shall Judge to be for the ciTap! i8o!°^'
best advantage of the Province. \^Passed Ajjril 6.

CHAPTER 190.

ORDER ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED ON
THE LETTER OF COL. WILLIAMS IN REGARD TO S^ FRANCOIS INDIANS.

The Committee to whom was refer'd the Consideration of Col° Legislative
Williams's Letter to his Honour the Lieutenant Governour having councif.xx., **

attended that Business, and also had Capt Stevens (who is men- —

tioned as giving the Information in said Letter) before them, do Rlford'^'^f th
humbly report as their Opinion, that His Honour the Lieutenant Council, xix.,
Governour be desired to direct Capt. Stevens, as soon as he can hous^^jout-
after his return to Number Four, to assure the Indians of the nai. pp- i38, i5i.
S' Francois Tribe, that this Government are no Ways concerned
directly or indirectly in any Settlement at Cowass of which they
complain; But if any such Design is carrying on by a Neighbour-
ing Government, that it is the firm Resolution of this Government
to do nothing that may give any of the Tribes of the Indians just
Ground of Uneasiness, or disturb the Amity subsisting between the
Government & them; This the Commissioners at the late Treaty of
Peace, with the Eastern Indians promised them ; and that if there
were any Encroachments made on their Lands by the Inhabitants
of this Government, Justice should be done them; Further, That
any Methods proper for this Government to take for promoting &
maintaining the general Peace & Tranquility of his Majesty's Sub-
jects in these Parts with the Neighbouring Indians will be pursued:
In Consequence of which they may be also informed (if his Honour
pleases) that He will write to His Excellency Governour Wentworth,
of the present Uneasiness of the Indians, and the -Apprehensions
of a general Rupture with them if that Government or any of their
People carry on a Settlement at Cowass, without their first giving
them Satisfaction: All which is humbly submitted

Benj^ Lynde per Order.

Read & Accepted. \_Passed April 7.

708

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 191-195.]

CHAPTEK 191.

ORDER ALLOWING £800 TO THE JUDGES.

liegislative
Records of the
Council, XX.,
12^

House Jour-
nal, p. 142.

Ordered that the Sum of Eight hundred Pounds be allowed &
paid out of the publick Treasury to the Hon''''' the Justices of His
Majesty's Superiour Court of Judicature, Court of Assize & Gen-
eral Goal delivery, for their Service one Year ending the first of
January last. [Passed Ajjril 7.

CHAPTER 192.

Legislative
Records of the
Council, XX.,
12.

ORDER ALLOWING £25 TO THE SECRETARY.

Ordered that the Sum of Twenty five Pounds be granted & allowed
House Jour- to be paid out of the publick Treasury to Josiah Willard Esq"' Sec-
?»/ra,'chap. retary of this Province, in full for his Service for one Year, ending
the third day of December last. [Passed April 7.

Legislative
Records of the
Council, XX.,
12.

House Jour-
nal, p. 143.
Supra, chap.
192.

Legislative
Records of the
Council, .XX.,
12. Mass.
Archives,
Iviii., 373.

House Jour-
nal, p. 143.

CHAPTER 193.

ORDER ALLOWING £120 ADDITIONAL TO THE SECRETARY.

Ordered that the Sum of One hundred & twenty Pounds be
granted, & allowed to be paid out of the Publick Treasury to
Josiah Willard Esq"' Secretary &c=* in Consideration of his ex-
traordinary Services to the third day of December last. [Passed
April 7.

CHAPTER 194.

ORDER ALLOWING £250 TO THE PRESIDENT OF THE COLLEGE.

Ordered, That the Sum of two hundred and fifty pounds be
granted & allowed to be paid out of the publick Treasury to the
Reverend Edward Holyoke President of Harvard College, over and
above the Rent's of the Massachusetts-Hall, for one Year, ending
the tenth day of September next to be paid Quarterly. [Passed
Ajyril 7.

CHAPTER 195.

Legislative
Records of the
Council, XX.,
13^

House Jour-
nal, p. 143.

ORDER ALLOWING £186. 13. 4 TO THE TREASURER.

Ordered that the Sum of One hundred Eighty Six Pounds; thir-
teen shillings & four pence be granted & allowed to be paid out of
the publick Treasury to William Foye Esq''; Treasurer & Receiver
General of His Majesty's Revenues of this Province, for one Year
ending the second day of January last. [Passed Ajjril 7.

[2d Sess.] Province Laws {Besolves, etc.). — 1752-53. 709

CHAPTER 196.

ORDER ALLOWING 1/ 4 PER DIEM TO THE SPEAKER.

Ordered that there be granted and allowed to be paid out of the Legislative
publick Treasury to The Hon'"'^ Thomas Hubbard Esq"- Speaker of councn.xi*^^

the House, the Sum of One shilling & four pence <j) Diem for every !£:

Day of his Attendance in the General Court from the Opening of ^^j"®,® fil"^"
the Sessions on the 27'^ of May 1752, over & above his pay as a
Member of the House. [Passed April 7.

CHAPTER 197.

ORDER ALLOWING £100 TO THE CLERK OF THE HOUSE.

Ordered that there be granted & allowed to be paid out of the Legislative
publick Treasury to Roland Cotton Esq^ Clerk of the House the councif, xx!f^

Sum of One hundred Pounds for his Service in that Trust for }^

the present Year. [Passed April 7. Hmise Jmir.

CHAPTER 198.

ORDER ALLOWING £100 TO M^ PROFESSOR WIGGLESWORTH.

Ordered, that there be granted & allow'd to be paid out of the Legislative
Publick Treasury to the Reverend D'" Edward Wigglesworth Holli- conncif.xx?^
sian-Professor of Divinity at Harvard-College in Cambridge, the i3. Mass.

J o o ' Archives

Sum of One hundred pounds as a Gratuity, in Consideration of iviii., 373.'
his faithful Discharge of that great and important Trust reposed House Jour-
in him, and for his further Encouragement therein. [Passed ^^^<v-^i^-
April 7.

CHAPTER 199.

ORDER ALLOWING £80 TO M« PROFESSOR WINTHROP.

Ordered, that there be granted & allow'd to be paid out of the Legislative
publick Treasury to John Winthrop Esq' Hollisian-Professor of the councif, xx*!*®
Mathematicks at Harvard-College in Cambridge the Sum of Eighty is. Mass.
pounds as a Gratuity, in Consideration of his faithful Discharge iviii., 374.'
of that Trust reposed in him, and for his further Encouragement House Jour-
therein. [Passed April 7. °»^' p- ^^^-

Province LAWii (Besolves, etc.). — 1152-53. [Chaps. 200-203.]

CHAPTEK 200.

ORDER ALLOWING £15 TO THE CHAPLAINS AT BOSTON.

Legislative
Records of the
Council, XX.,
13. Mass.
Archives, xiii.,
409.

House Jour-
nal, p. 143.

Ordered that there be allowed and j)aid out of the publick Treas-
ury the Sum of fifteen pounds one half to the Eev'^ Chaplain of the
Hon**'^ Board the present Year, the other half to the Heirs of the
Rev*^ Ellis Gray Dec'd the late Chaplain of the House for their
respective services the present Year. [Passed April 7.

CHAPTEK 201.

ORDER ALLOWING £3 TO THE CHAPLAINS AT CAMBRIDGE.

Legislative
Records of the
Council, XX.,
411. Mass.
Archives,
xiii., 411.

House Jour-
nal, p. 143.
Supra, chap.
200. Infra,
chap. 202.

In the House of Eep"''*^

Ordered that there be granted and allowed to be paid out of the
Publick Treasury the sum of three pounds one half to the Rev''
Chaplain of the Hon''''' Board at the session in Cambridge the other
half to the Rev'' Nathaniel Appleton the Chaplain to this House at
the s'ame Session.

In Council Read & Concurd. [Passed Ajjril 7.

CHAPTER 202.

ORDER ALLOWING £3 TO THE CHAPLAINS AT CONCORD.

Legislative
Records of the
Council, XX.,
13. Mass.
Archives, xiii.,
408.

House Jour-
nal, p. 144.
Supra, chsLV.
201.

In the House of Rep"''^'

Ordered that there be granted and allowed to be paid out of the
publick Treasury the sum of Three pounds one half to M'' Timothy
Minot the Chaplain of the Hon''''' Board At the Session at Concord.
The other half to the Rev'' Daniel Bliss the Chaplain to this House
at the said Session.

In Council Read & Concurd. [Passed April 7.

CHAPTER 203.

Legislative
Records of the
Council, XX.,
13. Mass.
Archives, xiii.,
410.

House Jour-
nal, p. 1-14.

ORDER ALLOWING £40 TO THE CHAPLAIN Of CASTLE WILLIAM.

Ordered that there be granted and allow'd to be paid out of the
publick Treasury to M' John Phillips Chaplain of liis Majestys Castle
William, the sum of forty pounds as a Gratuity, for his Service in
that trust for the Year past. [Passed April 7.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 711

CHAPTEK 204.

ORDER ALLOWING £160 TO THE COMMISSARY GENERAL.

Ordered that there be granted & allowed to be paid out of the Legislative
publick Treasury, the Sum of One hundred & sixty Pounds to John coundf, xx*!'*'

Wheelwright Esq'' Commissary General for his Service in that Office H:

for one Year. {Passed April 7 House Jour-

■- ^ nal, p. 144.

CHAPTER 205.

ORDER CONFIRMING 200 ACRES OF LAND TO PALMER GOULDING.

A Petition of Palmer Goulding of Worcester, shewing that in Legislative
the Year 1741. The General Court made a Conditional Grant of g^^° cu' x*x?^
Land to him, to take Effect upon his discovering to the Court a i*- Mass.

• Archives

certain Remedy for Cure of the biting of the Rattle-Snake, which xivi., 295.'
he apprehends he has done; Praying that the said Grant of Two Mass.
hundred Acres of Land may be made absolute. xivi'^'293'294

Read and kouse Jour-

Ordered that the Grant of two hundred Acres of Land condi- 1^4,' ut. prov-
tionally granted the Pef in the Year 1741, (which has since been xiif. ^os^cLap.
surveyed by David Ingersole Esq'' and taken into possession on a 221. '
bargain between the Pef and and ' said Ingersole) be confirmed to
the Pef His Heirs and Assigns for ever in full Satisfaction of said
Grant.

Provided it does not interfere with any former Grant, and does
not exceed the quantity of two hundred Acres. He the Pef

giving good Securitie to the Province Treasurer to pay to the Prov-
ince within one Year from this time the Sum of twenty pounds.
\^Passed Ajjril 7.

CHAPTEE 206.

ORDER IMPOWERING THE DISTRIBUTION OF THE ESTATE OF SAMUEL
HODGES, DECEASED.

A Petition of Nathaniel Leonard & others interested in the real Refords'of the
Estate of Samuel Hodges late of Norton in the County of Bristol Coimcu, xx-.,
dec'^ shewing that the said Estate was in the Year 1702, by Warrant ArciiiTCst
from the then Judge of Probate of Wills for the said County divided xviij-, 935.
to and among the Heirs, and the said Division returned into the Mass.
Register's Office, but never accepted by the Judge nor registered m xviii., osH.
the Office, Praying that the present Judge may be impowered to nairpp^i^Mo*.
allow the said Division, & that the same be register'd accordingly.

Read &

Ordered that the Prayer of this Petition be granted; And the
Judge of the Probate of Wills for the County of Bristol is hereby
accordingly impowered to perfect the Settlem' & Distribution of
the Real Estate of Samuel Hodges Dec"^. [Passed April 7.

' Sic.

712

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 207-210.]

CHAPTEK 207.

Legislative
Records of the
Couucil, XX.,
14^

House Jour-
nal, p. 144.

ORDER ALLOWING £100 TO WILL^ BAKER.

Ordered that there be allowed & paid out of the publick Treas-
ury the Sum of One hundred Pounds to M' William Baker Door
Keeper to his Honour the Lieuten' Governour & this Court in full
for his Service for one Year. \^Passed April 7.

CHAPTER 208.

Legislative
Records of
Council, XX. I
15. Mass.
Archives,
xliii., 701.

Mass.
Archives,
xliii., 700.
House Jour-
nal, p. 150.

the

ORDER ALLOWING £40 TO STEPHEN SEWALL ESQ«.

A Memorial of Stephen Sewall Esq'' Chief Justice of the Prov-
vince, setting forth the Insufficiency of his Allowance & the Profits
of his Office for his comfortable Support, and therefore Praying for
some further Allowance,

Read and

Voted that the Sum of forty pounds be granted and paid out of
the publick Treasury to the Memorialist as a Gratuity in considera-
tion of his faithful Discharge of that great and important Trust
reposed in him as Chief Justice and for his further Encouragment
therein. \^Passed April 7.

CHAPTER 209

Legislative
Records of the
Council, XX.,
15. Mass.
Archives,
Ixxiv., i)8.

Mass.
Archives,
Ixxiv., 9S.
House Jour-
nal, p. 150.
Ante, p. 889,
chap. 321.

ORDER ALLOWING £30 TO LIEUT. JOHN LARRABEE.

A Memorial of John Larrabee Lieutenant of his Majesty's Castle
William setting forth his long & faithful Services in the said Trust,
& the smallness of his Pay; Praying for some additional iillowance
from this Court.

Read and

Ordered that the sum of Thirty pounds be allowed and paid out
of the publick Treasury to the Memorialist in consideration of his
faithful discharge of the Trust within mentioned. [Passed April 7.

CHAPTER 210

Legislative
Records of the
Council, XX.,
15. Mass.
Archives,
cxix., 530b.

House Jour-
nal, p. 153.
Infra, chap.
211. Ante,
p. 5.54, chap. 41.

ORDER ALLOWING THE ACCOUNT OF THE COMMITTEE FOR FARMING
THE EXCISE FOR DUKES COUNTY FOR 1751, AND ALLOWING £1. 12
EXPENSES THEREON.

The Committee for letting out to farm the Excise for Dukes
County, reported that they had lett it out to Gershom Cethcart for
the Year 1751, at the Rate of Seventeen Pounds six shillings & eight
pence, their Charge therein being £1.12.

Read and

Ordered that the within Ace* be allowed and that the Accountant
recieve the sum of One pound twelve Shill^^ out of the publick Treas-
ury accordingly. [Passed April 7.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 713

CHAPTER 211.

ORDER ALLOWING ACCOUNT OF THE COMMITTEE FOR FARMING THE
EXCISE FOR DUKES COUNTY FOR 1752, AND ALLOWING £1. 12 FOR EX-
PENSES THEREON.

The Committee for letting out to farm the Excise for Dukes Legislative
County for the Year 1752, Keported that they had let it out to counc'if. xl?^
Gershom Cethcart for the Sum of Seventeen Pounds, their own ^^ ^I'y^l'
Charge being Thirty two shillings; cxix., 58i.

Kead and House .lour-

Ordered that the within Ace' be allowed and that the Accomptant |tpra/chap.
recieve the Sum of one pound twelve shillings out of the publick 210.
Treasury accordingly.' ^Passed April 7.

CHAPTEE 212.

ORDER ALLOWING £35 TO JOHN BROCK.

A Petition of John Brock, Gunner of His Majesty's Castle Wil- i^^sisiative

c. . n 1 1 • 1 o /. • 1 1. T fi • • 1 • T ri • Ret'ortls of the

ham; Setting forth his long & faithful Services m the said Garrison Council, xx.,
& the smallness of his Wages, and praying for some further Allow- ArcWvlfs^,'
ance from this Court. ixxiv., 99.

Read and House Jour-

Ordered iha,t there be allowed and paid out of the publick Treas- province"
ury to the Pef the Sum of thirty five pounds as a Gratuity in con- chapf 112"'' ^^*'
sideration of his faithful discharge of the Trust reposed in him for
thirty One Years past, [Passed April 7.

CHAPTER 213.

RESOLVE ERECTING A PORTION OF THE TOWN OF HAVERHILL INTO
A SEPERATE PARISH.

A Petition of Nathaniel Rolfe & John Russell jun' in behalf of Rgfordg^of the
the Inhabitants of the Southerly part of the North Parish in Hav- council, xx.,
erhill, shewing that upon runing the Boundary Line between this ArcMveXxiii.,

Province & New Hampshire, The Meeting House & two Thirds of ^^

the Inhabitants fell on New Hampshire side, and the Ministers Mass. ^^ ^._.
House & the Ministerial Lands on the Massachusetts Side> that the 403. House
Inhabitants have hitherto & incline to continue together, but for pp"i4f_'i52.
as much as many Non Resident Proprietors on the Massachusetts
Side refuse to pay their Taxes for the Support of the Ministry,
Praying that this Court would enable the Petitioners to levy the
said Tax.

Read and

Resolved that the remaining part of the Parish in the Town of
Haverhil within mentioned which is still within this Province is
hereby declared to be a Seperate and Distinct Parish, and Invested
with all the Powers Priviledges and immunities, which other Parishes
within this Province are invested with and by Law Enjoy. [Passed
April 7.

^ Not found in the House Journal.

714: Province Laws {Resolves, etc.). — 1752-53. [Chap. 214.]

CHAPTEK 214.

ORDER ACCEPTING REPORT ON THE PETITION OF RICHARD FOSTER
ESQK SHERIFF, AND DIRECTING THE PROVINCE TREASURER TO ISSUE
WARRANTS FOR TAXES.

Legisiative^^^ A PETITION of Eicliard Forster Esq"" Sherriff of the County of

Council, xix., Middlesex, shew^ that by Virtue of Warrant received from the

ArchwesT' Province Treasurer in the Year 1741, to levy divers Sums of Money

^'"^•' ^"^- on defective Constables & Collectors in the Towns of Dunstable,

Mass. Dracut, Nottingham, & Litchfield, he committed them to the Goal

xiiii., 599-604. of the Couuty, but afterwards they were released by Order of this

Recordfof the Court, & yet the Pef is still indebted on the Treasurers Books for

Council, XX., the Sums committed to him to levy. Praying for Liberty to return

Journal, pp. 50, the Said Warrants into the Treasury or that he may be otherwise

97, 137, 155. i-eiieved

Eead and

Ordered that the Prayer of the Pe*^" be granted and that the
within named Sheriff have liberty to make return of the Execu-
tions mentioned in the Pe'° And that He be discharged accordingly.

And that the Province Treasurer be directed to Send a Warrant
forthwith to the Assessors of the Town of Dunstable, directing
them to Assess the Inhabitants of said Town for the Loan Money
now due to this Province.

And that the several Constables hereafter named Viz'

Caleb Parker £42. 16. 1 O Ten--

Ebenezer Proctor 7. O Ten^

Ebcnezer Butterfield 10. 19. 11 N. T.

Samuel Tayton 7. 8. 11 N T.

Benjamin Wood 3. 2 N T

Ephraim Hildreth 4. 7. N T

John Barron 4. 10 N T

Ebenezer Goodhue's Adm"" 3. 5. 2 N. T.

Ditto for 12. 17. 2 N T

John Colbiirn 5. 10 N T

Joseph Chamberlavne 2. 18. 6 N T

Zechariah Spaulding 4. 1. 1 N T

have liberty until the first day of June next to pay in the several
Sums affixed to their respective names which appears to be the Ball^
due from each one of them exclusive of the Sum due over the Prov-
ince Line. And if they neglect paying in the same by that time, that
the Province Treasurer be directed to Issue his AVarrant against them.

And that upon the paying in Such Sums aforesaid. The said Treas-
urer is directed to give them a Discharge accordingly.

Ordered also that the Treasurer be directed to Send his Warrant
forthwith to the aboveiiamed Caleb Barker ' to Collect the Sum
affixed to his Name. \_Passed Ajjril 10.

' The House Journal, p. 155, reads, " Parker."

[2d Sess.] Province Laws (Hesolves, etc.). — .1752-53. 715

CHAPTER 215.

ORDER ALLOWING £200 FOR REPAIRS OF THE LIGHT HOUSE. Legislative

Records of the
Counei], xx.,

Ordered that the Sum of two hundred pounds be granted and i^- Mass.
paid out of the publick Treasury to the Committee appointed to LxW-.^Jira.'
take care of the repairs of the Light House to Enable them to House Jour-
Effect the building and repairing the Wharves there. [Passed ^I'^vv-^ie^'^^^e.
A^jril 10. chap'. 181. ''

CHAPTER 216.

ORDER GRANTING TO ELIS^ BOWMAN LICENCE TO KEEP AN INN.

A Petition of Elisabeth Bowman Widow of Ebenezer Bowman Legislative
late of Cambridge Innholder Dec'' Praying that She may be allowed councif xx*"^^
to continue to keep a Tavern in the House where her Husband died, i". Mass.
she having the Approbation of the Select Men of said Town. 263?"^'^^'^*'^^''

Read and Mass.

Ordered that the Prayer of the Pet'' be so far granted as that ^^^'''t^*'^' *^-'^''-

IT- i>ji/~iin- C1T-. TTi 262. House

the Justices oi the (jen' Sessions or the reace be and they hereby Journal, p. ise.
are allowed if they see cause to grant the Pef a Licence to keep a
House of publick Entertainment the remaining part of the Year.
The time for granting Licences being elapsed notwithstanding.
[Passed April 10

CHAPTER 217.

ORDER ACCEPTING REPORT OF THE COMMITTEE ON THE PAQUOIG

AFFAIR.

A Petition of Joseph Lord in behalf of the Inhabitants of ^®^'fds*^f the
Paquoig, setting forth that although this Court were pleased to council, xix.,
impower them to tax the Proprietors, for raising Money for the mI'ss^^"^*^"
Support of the Ministry, yet there was therein given no Power ^^'^bives,

to the Collectors to destrain, for want of which the other Powers - — - — ^

granted thereby will probably be ineffectual, praying that this Archives,
Court would grant those further Powers that are necessary in the L^I-Vsiftiv?*^'

Case Records of the

The Committee to whom was refer'd the Petition of Joseph Lord 49o""xi.',^!^''
Esq"" are of Opinion, that to enforce the Orders of this Court of ^^*i)^pp.'^3°4^5i
January One Thousand seven hundred «& fifty two, a Committee 5-2,69,137,157,
be appointed & fully impowered to make Sale of each Delinquent Laws, iT,^94i,
Proprietors Land, Right or Share so called in the new Township 7oi?chlp'^i-25.
of Paquoig agreeable to said Order; And that the Committee take ^wi!e, p. 58o,
Bond of each Purchaser of Forty Pounds Lawful Money, to the *^ ^^'
Province Treasurer or his Successors in said Office for complying
with the Conditions of Settlement, as Ordered by this Court at the
Opening of said Township A.D, 1732. the Conditions of Settle-
ment to be fulfilled in two Years from the Time of the Purchase;
and each new admitted Settler on Complying therewith to have a
full Confirmation of his Right of said Township, and on Failure

Province Laws {Resolves^ etc.). — 1752-53. [Chap, 218.]

thereof the same to revert to the Governm^ and that said Com-
mittee lay their Proceedings before the Court for acceptance.

And whereas the Home Lotts in said Township were laid out by
a Com'''^ of this Court, but sundry Divisions & Grants of Land &
Meadow have been made by said Proprietors since their first Ad-
missions, the Committee are further of Opinion that all the Sur-
veys made in Consequence of such Grants, Orders or Votes of said
Proprietors ly in full Force; And that the Clerk of said Proprietors
enter the same accordingly; so as each Division or other Survey may
remain to the Home Lots or Grantees they were originally drawn for,
or designed to belong to; the Charge of perfecting the same to be
paid by the respective Grantees; and that untill the further Order
of the Great & General Court, the Inhabitants of said Paquoig from
time to time assemble & meet together for choosing of needful Offi-
cers and for granting of Money from Time to Time as may be need-
ful, for carrying on the Affairs of said Plantation, according to the
Directions in the aforesaid Order of January, One Thousand seven
hundred & fifty two, and that in the Sale of any delinquent Pro-
prietors or Grantees Land, which may be sold for collecting such
Money as may be granted & duly assessed, they govern themselves
agreable to the Law made in the tenth Year of his present Maj-
esty's Reign, Entitled an Act to enable the Proprietors of the new
Townships granted by the General Court to raise Money for defrey-
ing the Charge of settling the same; all which is humbly Submitted
Per Order of the Com''^ J. Chandler,

In the House of Rep"*^^ Read and Accepted

In Council Read & Concurd & that John Chandler Esq'' with such
as the hon''''' House shall join be a Com"''' fully impowered for the
Purposes mentioned in this Report
In the House of Rep"®*

Read and Concurd and Col° Worthington and Cap Chandler are
Joyued in the affair. \^Passed Ajiril 11.

Legislative
Records of the
Council, XX.,
19. Mass.
Archives,
Ixiv., 5-27.

Mass.
Archives,
Ixiv., 526.
House Jour
nal, p. 159.

CHAPTER 218.

ORDER GRANTING TO JOB PRINCE LICENCE TO RETAIL STRONG

LIQUORS.

A Petition of Job Prince of Boston, shewing that he is con-
cerned in carrying on the Fishery in said Town; by which Means
he must unavoidably be led into the Sale of small Quantities of
Rum to his Fishermen, Therefore praying that (according to the
Indulgence granted to other Shear men) he may have Licence to
retail, and that the Court of General Sessions of the Peace for
Suffolk may be impowered to grant the same.

Read and

Ordered that the Justices of the Gen' sessions of the Peace for
the County of Suffolk now sitting in Boston be and they hereby
are allowed (if they see cause) to grant the Pef a Licence to retail
strong Liquors the remaining part of the Year Provided He first
obtains the approbation of tlie select Men of the Town of Boston
for that purpose, the time for granting Licences being elapsed not-
withstanding. \^Passed April 11.

[2d Ses§.] Province IjkVfS, {Resolves, etc). — 1752-53. 717

CHAPTER 219.

ORDER ERECTING THE PLANTATION OF SHEEPSCOT INTO A DISTRICT.

A Petition of James Cargil in behalf of the Inhabitants of the Legislative
Plantation called Sheejjscot, setting forth the Inconveniences they councn^ xx*^^
are under for. want of Power to raise Taxes, and other Matters neces- i9.
sary for the regular Management of their Affairs, therefore pray- House Jour-_
ing that they may be erected into a District according to the Bounds (june^'ifsi)*'
set forth in the Petition. pp- se'isi, le'o,

-, 161. Province

Kead & Laws, in., eSl,

Ordered that the Prayer of the Petition be so far granted as cllap! 1' ^'^'
that the Petitioners and the other Inhabitants of Sheepscot with
the Lands, described & contained within the Bounds mentioned in
their Petition to this Court Anno 1751 be set off as a District, and
that they be vested with all the Powers & Priviledges with other
Districts; and that the Assessment made by the Select Men chosen
by the said Inhabitants for the Year 1751, be confirmed; and that
the Constables or Collectors so chosen for the same Year who have
collected some part of the said Assessment be impowered and directed
to finish their Collection, and pay it according to the Directions of
their Warrant ; and that the Select Men who shall be chosen for the
Year 1753, be directed & impowered forthwith -to assess on the said
Inhabitants and their Estates the Sum set on them in the Province
Tax Act 1752, and that the Constable or Constables or Collectors
who shall be chosen for the Year 1753, be impowered & directed to
collect the same & pay it into the Province Treasury as soon as may
be, and the Petitioners have Leave to bring in a Bill accordingly.
\^Pass6d April 11.

CHAPTER 220.

ORDER ALLOWING £6 TO THE CHARLESTOWN DEACONS AND APPOINT-
ING A COMTEE FOR BURN" BROKEN BILLS FROM CHARLESTOWN.

A Petition of Thomas Symmes in behalf of the Deacons of the Legislative
Church at Charlestown, shewing that they having kept together a comfclf, xx*f ^
Quantity of broken Bills of Credit, collected for the Support of the 20- Mass. '

Archives xiii

publick AVorship there, to the Value of about Thirty five Pounds 401. '' ''
Old Tenor, which by Accident have been eaten by Eats, so as to be House Jour-
uncapable of having their Value found out; Praying to be allowed na^i. pp- i5i, ist,
their supposed Value out of the publick Treasury, -
In the House of Eep"*^*

Read and

Ordered that the Sum of Six pounds be allowed the Pef out of
the publick Treasury in full Satisfaction for the Bills destroyed as
above mentioned.

And that the said pieces of Bills be consumed as this Court shall
Order.

In Council Read & Concur'd &

Ordered that John Osborne & Jacob Wendell Esq" with such as
the hon^''' House shall join are a Com"'' to see the said Peices of Bills
forthwith consumed

In the House of Rep'^®^

Read and Concurd and Cap Sheeffe Maj Laurence & M' Gibbs
are Joyned in the Affair. \^Passed April 11.

Province Laws (Resolves, etc.). — 1752-53. [Chaps. 221-223.]

Legislative
Records of the
Council, XX.,
20. Mass.
Archives,
xxxii., 35-2.

House Jour-
nal, p. 156.

CHAPTEE 221.

ORDER APPOINTING GUARDIANS TO THE TETTICUT & MATTAKEESET

INDIANS.

Ordered that Peter Oliver, Gamaliel Bradford *& Josiah Edson
jun"^ Esq" be the Guardians of the Titticut & Mattakeset Indians.
[Passed April 11.

CHAPTEE 222.

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL

COUNTY.

Legislative
Records of the
Council, XX.,
•21. Mass.
Archives,
ccxlviii., 53.

House Jour-
nal, pp. 9, 133,
153.

An Accompt presented by M"" Eobert Luscomb Treasurer of the
County of Bristol for the last Year, 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 the within Ace* be allowed. And the Ball^ thereof
being two pounds ei>ght Shillings and Nine pence three farthings
and %5'^* The said Treasurer is further accountable to said County
for. [Passed April 11.^

CHAPTEE 223.

VOTE ALLOWING THE ACCOUNT OF THE TREASURER OF COUNTY OF

DUKES COUNTY.

Legislative
Records of the
Council, XX.,
22. Mass.
Archives,
ccxlviii., 54.

Mass.
Archives,
ccxlviii., 54.
House Jour-
nal, pp. 9, 125.

ilN Accompt presented by Zaccheus Mayhew Esq"" Treasurer of
Dukes County for the last Year, having been laid by him before
the Court of General Sessions of the Peace for the said County &
by them allowed.

Eead and As the said Accompt is right Cast and well Vouch 'd
except the following Articles Viz. The Accomptant Charges the
said County D"^ for 12/ Paid to Nicholas Norton, when but 9/
appears to be paid.

He also Charges the County with 10/ as paid to Seth Donham.
and 9/ as paid to Thomas Trap; for which there are no Vouchers.

The Accomptant hath also debited the County the Sum of £3.17.4
for his Commissions But He should not have Charged them more
than £3. 13. 11*1 Therefore

Voted that the Ball^, as now Stated being one pound two Shil-
lings the said Treasurer is further Accountable to said County for.
[Passed April 11.^

• This date is according to Mass. Archives; according to Legislative Records of the
Council the date is April 12.

[2d Sess.] Province Laws {Resolves^ etc.). — 1752-53. 719

CHAPTER 224.

ORDER ACCEPTING REPORT OF THE COMMITTEE FOR FARMING THE
EXCISE IN THE COUNTY OF ESSEX AND ALLOWING £1. 17. 6 FOR
EXPENSES THEREON.

The Committee appointed to let out to farm the Excise in the Legislative
County of Essex for this present Year, reported that they had let counc'if x*x*.^^
out the same to M' Timothy Fuller of Middleton for the Sum of 21.
£647.6.8, and have taken Bond with Sureties & lodged it with the House Jour-
Treasurer; Their Acco* of Charge being £1.17.6. fnltv^ki..

Read & ci^ap*. 10.

Ordered that the within Acco* be allowed, and that the Sum of
One Pound seventeen shillings & six pence be paid to the Committee
out of the publick Treasury accordingly. [Passed April 12.

CHAPTER 225.

ORDER ACCEPTING REPORT OF THE COMMITTEE IN REGARD TO HUNT-
ING ON THE INDIANS LANDS.

Pursuant to the within Order [Legislative Records of the Coun* Legislative
cil, XX., 17] the Committee have attended that Service; and are hum- coundf,x*x*.^^
bly of Opinion that in as much as there is a Law pass'd this present 2^- Mass.

• . J. X Archives

Session, forbidding the hunting after or taking any Beaver or other xxxii., 340.
Furrs on any Land lying to the Nortliward of any English Settle- Mass.
ments, & Eastward of Saco Truck House, that the putting that Law xxxinig
into Execution would prevent any more such Complaints being made Legislative
from the Indians; That His Honour the Lieutenant Governour be couucii, xx.,
desired to write to the several Commanders of the Garrisons & Truck jouj.^a"^''
Houses, to use their best Endeavours that the said Law be observed; pp. ifcs, iee.
And that the Secretary be directed to send Copies of the said Law La\vs°m., C44,
to these Commanders, & likewise to the several Justices of the Peace *''^*P" ^*-
residing in the Eastern Towns: All which is humbly submitted,

-yyM Peppekell I? Order,

Read &

Ordered that this Report be Accepted. [Passed Ajjril 12.

CHAPTER 22fi Legislative

^-"--^-•^-•--Li-tV -iZiU. Records of the

Council, XX.,
22.

ORDER ADDING £22. 18. 5 TO THE NEXT BOSTON PROVINCE TAX.

Mass.
Archives,

Ordered that the Sum of Twenty two Pounds eighteen shillings ^ ^Je'j"ur
& five pence, reported as an Arrearage due from the Town of Bos- nai, p. 1.59.
ton to the Province, be added to their next Province Tax. [Passed Eavvs.'liu.Gs*,
April 12. chap. 10.

720

Province Laws {Resolves^ etc.). — 1752-53. [Chaps. 227-231.]

CHAPTER 227.

Legislative ORDER MAKING THE PROVINCE TREASURER ACCOUNTABLE FOR £18. 1
Records of the DUE FROM THOMAS DENNIS.

Council, XX.,
2-2.

Houae Jour- Ordered that the Treasurer be accountable for the sum due from

nai, p. 160. Thomas Dennis of Ipswich, being Eighteen Pounds one Shilling.
\^Passed April 12.

CHAPTER 228.

Legislative ORDER MAKING THE PROVINCE TREAS« ACCOUNTABLE FOR £5. 2. 9 DUE
Records of the FROM W*' SUTTON.

Council, XX.,

House Jour- Ordered that the Treasurer be accountable for the Sum due from

nai, p. 160. William Sutton of Ipswich being Five Pounds two shillings & nine
pence. \^Passed Ajjril 12.

CHAPTER 229.

ORDER MAKING THE PROVINCE TREAS'' ACCOUNT'^ FOR £2. 12. 9 DUE
FROM BENJAMIN WOOD.

Record"of^the Ordered that the Treasurer be accountable for the Sum of Two
Council, XX., Pounds twelve Shilings & nine pence, charged in his Account as

'^^ • due from Benjamin Wood of Hopkinton, It appearing that the said

naiyp^ie?"* Sum was received by the Treasurers Clerk. [^Passed April 12.

CHAPTER 230.

ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE HIS EXECU-
TION AGAINST SAM'- PRAY.

Rlcordfof the Ordered that the Treasurer be directed to issue his Execution
Council, XX., against Samuel Pray of Kittery, for the Sum of Nine Pounds six-
— teen shillings & six pence, due from him to the Province. [Passed

House Jour- i ^^V7 -to

nai, p. 159. April 12.

CHAPTER 231.

ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE HIS EXECU-
TION AGAINST TIMOTHY TOWNSEND.

Refortirof the Ordered that the Treasurer be directed to issue his Execution
Council, XX., against Timothy Townsend of Salisbury for the Sum of Eleven
-r Pounds one shilling & eight pence due from him to the Province.

House Jour- rn i a -Tim

nai, p. 160. \_Passed Ajjril 12.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 721

CHAPTER 232.

ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE HIS EXECU-
TION AGAINST JN" SAFFORD.

Ordered that the Treasurer be directed to issue his Execution Legislative
against John Safford of Ipswich for the Sum of Twenty five Pounds counSf.xx"'*'
one shilling & four pence due from him to the Province. \_Passed '^^

April 12. House Jour-

-^ nal, p. 160.

CHAPTER 233.

ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE HIS EXECU-
TION AGAINST AMOS BINNEY.

Ordered that the Treasurer be directed to issue his Execution Legislative
against Amos Binney of Hull for the Sum of Four Pounds, twelve councif.xx^f^
shillings & nine pence due from him to the Province. {^Passed ^5:

April 13. House Jour-

■^ nal, p. 160.

CHAPTER 234.

ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE HIS EXECU-
TION AGAINST THO* SWIFT.

Ordered that the Treasurer be directed to issue his Execution Legislative
against Thomas Swift of Milton for the Sum of Four Pounds, seven coundf, xx?^
shillings & five pence, due from him to the Province. [Passed ^

April 12. House Jour-

■^ nal, p. 159.

CHAPTER 235.

ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE HIS EXECU-
TION AGAINST JAMES LORING.

Ordered that the Treasurer be directed to issue his Execution Legislative
against James Loring of Hull for the Sum of Eiglft Pounds nine councu^ xx!f ^
shillings & two pence due from him to the Province. [Passed ?^

April 12 House Jour-

-^ nal, p. 160.

CHAPTER 236.

ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE HIS EXECU-
TION AGAINST DAV" LORING.

Ordered that the Treasurer be directed to issue his Execution Legislative
against David Loring of Hull for the Sum of Twenty two Pounds, coundf,xi!f^
eleven shillings & two pence, due from him to the Province. -3-

[Passed April 12. House Jour-

'- ^ nal, p. 160.

722

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 237-239.]

CHAPTEK 237.

Legislative
Records of the
Council, XX.,
23. Mass.
Archives, ciii.,
101.

House Jour-
nal, p. 160.

ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE HIS EXECU-
TION AGAINST ISAAC BENNET.

Ordered that the Treasurer be directed to Issue his Execution
against Isaac Beiinet of Middleborough for the sum of seven shil-
lings and two pence due from him to the Province. \^Passed
April 12.

CHAPTER 238

ORDER ACCEPTING REPORT OF THE COMMITTEE ABOUT THE EASTERN

INDIANS.

Legislative
Records of the
Council, XX.,
23^

Mass.
Archives,
xxxii., 343.
House Jour-
nal, pp. 84, 165.
Ante, p. 674,
chap. 113;
p. 691, chap.
147.

The Committee to whom was referr'd the Complaint of the
Eastern Indians touching the English Claims and Settlements on
Kennebeck River above Richmond Fort, having notified the Claim-
ants, & examined the Indian Deeds, and other Evidence of Title
which they produced, beg Leave to Report,

That by the Deeds produced under the Hands of the Sachems of
that Countrey in the Years 1648 & 1653, and others about those
Times; The Indians sold to the English not only the Lands below,
but also the Lands above Richmond Fort, all along the River Kenne-
beck, that Settlements were early made by the English many Miles
above Richmond Fort, and those Settlements continued for a con-
siderable Time.

That the Indians in their Treaties with the English in 1603, in
1713, & in 1717, agreed that the English should quietly & peaceably
enjoy all their Rights of Land, and former Settlements & Possessions
in the Eastern Parts of this Province, and that the English should
be no Ways molested or disturbed therein

And that Capt Lithgow and other Commanding Officers in those
Parts be directed to use their best Endeavours to keep the Indians
quiet, untill the Commissioners from this Government shall meet
them in the Fall of the Year and let them know that such Com-
missioners will then lay before them the English Claims to those
Lands, and endeavour in a Friendly Manner to accomodate the
Matter with them : All which is humbly submitted,

Jn*^ Cushing ' <(p Order

Read &

Ordered that this Report be accepted. [^Passed April 12.

CHAPTER 239.

ORDER confirming PROCEEDINGS OF THE CONSTABLES OF THE TOWN

OF REHOBOTH.

Legislative
Records of the
Council, XX.,
24. Mass.
Archives,
cxvi., 320.

A Petition of the Select Men of the Town of Rehoboth shewing
that the Persons that were Chosen Constables for the Year 1750, in
said Town, have, by Reason of other Persons since chosen, refusing
to take the Oath relating to the Bills, served as Constables (saving

^ The House Journal, p. 165, reads, ^^ John Chandler."

[2d Sess.] Province Laws (Besolves, etc.). — 1752-53. 723

in the Business of collecting the Taxes) iintill this Time ; And for as Mass.
much as there may great Inconveniences happen by means of some ^x'^lIsiI!
Persons calling their Actings in Question, Praying that this Court House Jour-
would confirm them. na.pp. , .

[Read and thus disposed of]

Whereas there is some Difficulty arisen in the Town of ' Rehoboth
with regard to their Constables that were Chosen in the ' Year 1750,
and sworne to the faithfull Discharge of said Trust and there having
been no Constables Chosen and Sworne to Said Office Since, but the
Constables that were Chosen in Said year have Ever Since Warned
the Town meetings and Acted in all other matters (the Collecting
of Taxes only Excepted). Therefore

Ordered that the proceedings of the Said Constables Chosen &
Sworne as afores^ shall be Deemed & held good and Valid to all
intents and purposes as tho' they had been Chosen & Sworne in the
years 1751. 1752. & 1753, and the proceedings of the Said Town
of Rehoboth at their Several Town meetings in Said years being
warned by Said Constables shall be held good and Valid that are in
Every other respect agreeable to Law. notwithstanding they were
warned by the afors^ Constables. [Passed April 12.

CHAPTER 240.

ORDER ACCEPTING REPORT OF THE COMMITTEE ON THE TREASURERS

ACCOMPT.

' Province of the Massachusetts Bay: The Committee Legislative

to whom was referr'd the Examination of the Accompts of William Records of the

T-i T-1 m i-r. • ri t,. t't>»-'it-. CoUnCll.XX.,

l^oye Esq'' Ireasurerand Receiver iTeneral ot his Majesty s Revenues 24^

within the Province of the Massachusetts Bay in New England, be- House Jour-
gining May 27, 1752, and ending February 8, 1753, Having attended 'f^tf^^}tli]^'
that Service; LTpon examining the Same, find them right cast and chap! i67.
well vouched ; By which it appears that the said Accomptant chargeth
himself with the Sum of One Million, seven hundred & one Thou-
sand, four hundred & sixty three Pounds one shilling & eight pence
Old Tenor; being the whole Amount of the Parliamentary Reim-
bursement for the Charges of the Louisbourgh Expedition.

The Committee also find that the said Accomptant hath discharged
himself of the above Sum as follows; viz* By Fourteen Thousand &
sixty two Pounds ten shillings paid Cp* Montague for Freight; And
by sundry Payments made by Order of his Honour the Lieutenant
Governour, with the Advice of the Council amounting to Seventeen
Thousand eight hundred & thirty three Pounds ten shillings; And
by the Payment of sundry Certificates from the Committee for ex-
changing Province Bills, amounting to One Million, six hundred &
fifty three Thousand & six Pounds two shillings & eleven pence;
And by the further Payment of sundry Certificates from said Com-
mittee for exchanging of Bills amounting to Ten Thousand five
hundred & thirteen Pounds ten shillings; the whole of the Pay-
ments amount to One Million, six hundred ninety five Thousand
four hundred & fifteen Pounds twelve Shillings, & eleven pence;
And by the Ballance of this Accompt Six Thousand & forty seven
Pounds eight Shillings & nine pence carried to the Debit of his
General Accompt.

1 MS. mutilated.

724: Province Laws (i?esoZ2;es, ei'c.). — 1752-53. [Chap. 240.]

The Committee also find that the said Accomptant chargeth him-
self with what was rendered outstanding of the several assessments
^ last AccomiDt Ending May 27. 1752, Amounting in the wliole to
Thirty six Thousand, eight hundred & forty five Pounds & six pence
three farthings ; Also with the Sum of Twenty four Thousand seven
hundred & ninety one Pounds, three Shillings & two pence half
penny the Ballance of last Accompt; And with the Sum of Three
Thousand one hundred & forty nine Pounds fifteen shillings & four
pence half penny since received of the several Farmers of Excise on
Liquors; and with the Sum of Three hundred & eighty Pounds,
received of the Collectors of Excise on Tea; and with the Sum of
Ninety eight Pounds eighteen shillings received of Thomas Hutch-
inson Esq"', on Accompt of a former Lottery; and with the Sum of
Eighty Pounds received of James Minot Esq'' for Lands sold at
Hoosuck; And with the Sum of Six hundred & seventy nine Pounds
seventeen Shillings & four pence received of Andrew Oliver Esq"" &
Committee, and with the Sum of One hundred & eighty Pounds
one shilling & three pence received of Daniel Eussell Esq"" Commis-
sioner of Impost; And with the Sum of Forty six Pounds five shil-
lings & five pence received for Fines, and with the Sum of Twenty
six thousand seven hundred & forty two Pounds four shillings for a
Tax, granted by the General Court at Concord May 1752; And with
the Ballance of the Parliamenty Grant, Eight hundred & six pounds
six shillings & six pence. And with the further Sum of Nine hundred
& fifty six Pounds seven shillings & eight pence borrowed of sundry
Persons : All which Sums amount to the Sum of Ninety four Thou-
sand seven hundred & fifty five Pounds nineteen shillings & four
pence Lawful Money.

The Committee further find that the said Accomptant dischargeth
himself by sundry Payments & Disbursments by Order of his Honor
the Lieuten' Governour with the Advice of the Council, amounting
to Two Thousand & forty seven Pounds five shillings & seven pence
half penny ; x\nd by Bills burnt by a Committee of the General Court
at sundry Times since last Accompt, Amounting to Eleven Thou-
sand three hundred & sixty one Pounds fourteen shillings & eight
pence three farthings, and by Government Securities burnt by a
Com**^"^ of the General Court since last Accompt; The Principal &
Interest paid upon them amounting to Twenty six Thousand seven
hundred & fifty Two Pounds, sixteen shillings & seven pence; And
by the Taxes yet Outstanding Forty eight Thousand three hundred
& three Pounds, three shillings & two pence three farthings : All
which Sums amount to the Sum of Eighty eight Thousand four
hundred & sixty five Pounds & two pence ; And that the Accomptant
further dischargeth himself by the Sum of Nineteen hundred ninety
five Pounds, twelve Shillings Deficiency of his Cash, And the Sum
of Four Thousand, two hundred & ninety five Pounds seven shil-
lings & two pence, Ballance in hand : But the Consideration of the
aforementioned Deficiency not lying with this Committee the Bal-
lance in his Hands must appear to them to be Six Thousand and two
hundred ninety Pounds, nineteen shillings & two Pence, for which
he is further accountable. Jacob Wendell per Order,

Eead &

Ordered that this Report be accepted. \^Passed April 12.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 725

CHAPTER 241.

ORDER ACCEPTING REPORT OF COMMITTEE ON LETTER FROM GOV^

CLINTON.

The Committee appointed to take under Consideration a Letter Legislative
from his Excelpy Governonr Clinton, of the 6'^ of March last, and councn' xx.f
the Papers accompanying the same, have attended that Service & l^^ciiYv^ei^' i*
particularly considered the Report of a Committee of the Council in. ' ''
of New York on two Petitions " Complaining of new Claims & Legislative
Encroachments by the Inhabitants of the Massachusetts Bay on councifxx"^^
the Province of New York,["] ' by which Report an Extraordinary i. 3- House'
Title is set up in Favour of New York to a valuable part of this ^^m,h&,wi.
Province: The Committee are upon the whole humbly of Opinion, ^^^•
That Commission" be appointed to meet at some convenient Time
& Place; which this Court may appoint, to confer with Commis-
sioners who may be appointed by the Government of New York,
and with them to agree upon Measures for setling the bounds of
the two Provinces, in an amicable Manner, and to settle the same
accordingly, to the End that good Understanding may be pre-
served, which ought to subsist between Fellow Subjects and Neigh-
bouring Provinces : And that a Letter be wrote to Goveriiour Clinton,
desiring that Commissioners on behalf of the Government of New
York may be appointed & fully authorized for the Purposes afore
said, John Chandler per Order,

Read & Accepted. \_Passed April 12.

CHAPTER 242.

ORDER GRANTING TO ESTES HATCH, JUN«, LICENCE TO RETAIL STRONG

LIQUORS.

A Petition of Estes Hatch Jun'' of Roxbury, shewing that he Legislative
is Occupant of an House in the said Town, lately belonging to the counc'if xx!^^
Estate of John Richardson Esq'' Dec'' which has been for many Years 26. Mass. '
licenced for retailing of strong Liquors; Therefore Praying that the 265. ' ' "'
Court of General Sessions of the Peace for the County of Suffolk Mass.
may be impowered by this Court to grant him a Licence, •"^'^'^HousT^''

Read and " journal, _

Ordered that the Justices of the Gen' Sessions of the Peace for ^^' ' " "
the County of Suffolk now held in Boston be and they hereby are
allowed (if they see cause) to grant the Pef a Licence the remain-
ing part of the Year.

Provided He first obtains the approbation of the Select Men of the
Town of Roxbury for that purpose, the time for granting Licences
being elapsed notwithstand^. \^Passed April 12.

^ Inserted from State Library copy, Legislative Records of the Council, xx., 26.

726

Province Laws {Resolves, etc.) . — 1752-53. [Chaps. 243-245.]

Legislative
Records of the
Council, XX.,
i!4. Mass.
Archives,
xxxii., 35.0.

Mass.
Archives,
xxxii., 3.i4.
Legislative
Records of the
Council, xviii.,
43. House
Journal, p. 170.

CHAPTER 243.

ORDER IMPOWERING PETER BRAND, INDIAN, TO SELL LAND,

A Petition of Peter Brand of Natick, Indian, Praying for Lib-
erty from this Court to sell so much of his Lands as will be sufficient
to discharge the Debts he has contracted, for which he is now im-
prisoned, as he can no otherwise get a Discharge; The fore-
going Petition was recommended by two of the Guardians of the
Natick Indians.

Eead, &

Order'' d that the Prayer of this Petition be Granted, and that
the Petitioner (with the advice of the Guardians, of the Indians
in Natick) be, & he is hereby impowered to make Sale of the whole,
or a part only, of the Estate mentioned, as said Guardian shall judge
to be most for his advantage: and in case the whole should be Sold,
then the Proceeds of the Sale (after Payment of his just Debts) to
be vested in other Real Estate as set forth in the Petition. \Passed
April 18.'

Legislative
Records of the
Council, XX.,
26. Mass.
Archives,
Ixxiv., 100.

Mass.
Archives,
Ixxiv., 100.
House Jour-
nal, pp. 144, 167.

CHAPTER 244.

ORDER ALLOWING £3 AND £3 ANNUALLY TO JN" DAVIS.

A Petition of John Davis of Lyn shewing that while he was in
the Service of this Government in the Eastern Parts he received a
dangerous Wound, from the Indian Enemy in his right Arm (^ w^*"
has disabled him from Labour, Praying for some Allowance from
this Court for the Support of himself & Family,

Eead and

Ordered that the Sum of three pounds be allowed out of the pub-
lick Treasury to the Pef in consideration of His sufferings w"'in
mentioned

Ordered also that the Sum of three pounds be allowed the Pef
annually as a Yearly Pension till this Court shall otherwise Order.

The said Sums to be paid into the Hands of the Overseers of
the Poor of the Town of Lynn for the Use of the Pet^ [^Passed
April 13.^

CHAPTER 245.

ORDER IMPOWERING RICHARD BILL AND JOSHUA HENSHAW, EXEC-
UTORS, TO SELL REAL ESTATE.

Records'of the ^ PETITION of Richard Bill and Joshua Henshaw, the only act-
Councii.xx., ing Executors of the last Will and Testament of John Vassall late
Archives',' of Cambridge Esq' Dec*^ shewing that the Debts of the Testator
xvm., 936. exceeds the Personal Estate, and for as much as the Creditors are

^ This date is according to Mass. Archives and the House Journal; according to Legis-
lative Records of the Council the date is April 12.

^ t>ic, as to parenthesis.

* This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is April 12.

[2d Sess.] Province Laws {Resolves, etc.). — 1752-53. 727

very pressing for Payment, and the Superiour Court will not sit in House Jour-
the County of Middlesex till August next, therefore Praying that province^'
this Court would give Power to the Petitioners to make Sale of the ^jf^^g •' ^^^'
real Estate for this End,

Eead, &

Order''d that the Prayer of this Petition be so far granted as
that the Petitioners, in their said Capacity, be, & they are hereby
impowered (upon their Lodging in the Secretarys Ofltice a proper
Certificate from the Probate Office in the County of middlesex, set-
ting forth that the said Deceas'ds Debts amount nearly or altogether
to the apprized value of his Estate in this Province) to make sale of
the Premises for the Purposes in said Petition mentioned They giv-
ing previous Publick Notice of such Sale agreable to the Directions
of the Law relating to the Sale of Eeal Estates by Executors & Ad-
ministrators. \^Passed April 13.^

CHAPTER 246.

ORDER ADDING £34. 11. 6 TO THE NEXT KITTERY PROVINCE TAX. Legislative

Records of the
Council, XX.,

Ordered that the Sum of Thirty four Pounds eleven shillings and '^^

six pence, due from John Lydston of Kittery be added to the next House Jour.
Province Tax, of the said Town of Kittery. [^Passed Ajjril 13. proviiice '

Laws, iii., 691,
chap. 10.

CHAPTER 247.

ORDER ADDING £15. 6. 10 TO THE NEXT GEORGE TOWN PROVINCE TAX. Legislative

Records of the
Council, XX.,

Ordered that the Sum of Fifteen Pounds, sixteen ^ shillings & ten "^

pence, due from Mess" James Savage & Daniel Lancaster both of House Jour-
George Town, be added to the next Province Tax of said Town of provmce '
George Town. {Passed April 13. chT'io""^^^'

CHAPTER 248.

ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE HIS EXECU-
TION AGAINST JOHN HOOPER.

Ordered that the Treasurer be directed to issue his Execution Legislative
against John Hooper of Berwick for the Sum of Two Pounds, councu", xx^^^
fourteen shillings & ten pence, due from him to the Province. ^8.
{Passed Ajjril 13. naT^^ri^"

1 This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is April 12.

2 The House Journal, p. 171, also Province Laws, iii., 691, read, £15. 6. 10.

728

Province Laws {liesolves, etc.). — 1152-53. [Chaps. 249-253.]

Legislative
Records of the
Council, XX.,
28^

House Jour-
nal, p. 171.
Province
Laws, iii., 691,
cliap. 10.

Legislative
Records of the
Council, XX.,

28.

House Jour-
nal, p. 171.
Province
Laws, iii., 686,
chap. 10.

Legislative
Records of the
Council, XX.,

28.

House Jour-
nal, p. 171.
Province
Laws, iii., 687,
chap. 10.

Legislative
Records of the
Council, XX.,

28.

House Jour-
nal, p. 171.
Province
Laws, iii., GDI,
chap. 10.

CHAPTER 249.

ORDER ADDING 13/ 7 TO THE NEXT BERWICK PROVINCE TAX.

Ordered that the Sum of Thirteen shill^^ & seven pence due from
Alexander Grant of Berwick be added to the next Province Tax of
the said Town of Berwick. [Passed April 18,

CHAPTEE 250

ORDER ADDING U/ 9 TO THE NEXT CAMBRIDGE PROVINCE TAX.

Ordered that the Sum of Fourteen shillings & nine pence due
from Joshua Gamage late of Cambridge dec'^ be added to the next
Province Tax of the said Town of Cambridge. [Passed April 13.

CHAPTER 251.

ORDER ADDING 15/ 2 TO THE NEXT HOPKINTON PROVINCE TAX.

Ordered that the Sum of Fifteen shillings & two pence due from
James Lock of Hopkinton be added to the next Province Tax of the
said Town of Hopkinton. [Passed April IS.

CHAPTER 252.

ORDER ADDING £21. 2. 9 TO THE NEXT NORTH YARMOUTH PROVINCE

TAX.

Ordered that the Sum of Twenty one Pounds, two shillings &
nine pence, due from Nath' Barnes of North Yarmouth, be added
to the next Province Tax of the said Town of North Yarmouth.
[Passed April 13.

CHAPTER 253.

Legislative
Records of the
Council, XX.,
29.

House Jour-
nal, p. 172.
Province
Laws, iii., 635,
636, chap. 8.

ORDER TRANSFERRING DIVERS APPROPRIATIONS.

Ordered that Seventy six Pounds, ten shillings be transfer'd from
the £2,500, Appropriation for Defence, to the Appropriation of Eight
hundred ninety tAvo Pounds for the Pay of the Members of the Gen-
eral Court.

Ordered that Three hundred ninety seven Pounds two shillings
be transferr'd from the Appropriation of Sixteen hundred Pounds
for the Commissary's Disbursments, to the Appropriation for Pay
of the Members &c.

[2d Sess.] Province 1j aw ^ (^Resolves, etc.). — 1752-53. 729

Ordered that the Sum of Twelve hundred & two Pounds eighteen
shillings be transfer'd from the said Sum of Sixteen hundred Pounds
to the Appropriation for Grants. \_Passed April 13.

CHAPTER 254. ^^^^

Council, XX.,
29 Muss
ORDER ALLOWING £112. 10 TO THE DIRECT«» OF THE LATE LOTTERY. Archives,'

Ixxxviii., 38.

Ordered that the sum of One hundred and twelve pounds ten ^^°"®® f^^g'^^"
shill^^ be allowed out of the publick Treasury to the Directors of Province '
the late Mass^ Lottery to be divided among them According to their ^hap!'i5"'' ^^^'
services respectively. \^Passed Ajjril 13.

CHAPTER 255.

ORDER ALLOWING £4 AND £3 ANNUALLY TO EDWARD MANCHESTER.

A Petition of Edward Manchester of Dartmouth, setting forth R|fordfof the
his Sufferings by Eeason of Wounds received when in the Service councu, xx.,
of the Government, Praying for the Compassionate Consideration Arci^^ve^s^
of this Court for granting him some Relief, ixxiv., 94.

Read and Ma^ss.

Ordered that the Sum of four pounds be allowed out of the pub- ixxiv., 93'.
lick Treasury to the Pef in consideration of his Sufferings w^'^in nai^ppiuMes.
mentioned

Ordered also that the Sum of three pounds be allowed the Pef
annually as a Yearly Pension until this Court shall otherwise Order.

The Said Sums to be paid into the hands of the Overseers of the
Poor of the Town of Dartmouth for the Use of the Petitioner.
\^Passed Ajjril 13.

CHAPTER 256.

VOTE ACCEPTING REPORT OF COMMITTEE APPOINTED ON THE INDIAN

TRADE.

An Accompt presented by John Wheelwright Esq' of Goods &c^ R^®^rd*^^f th
sent by him to the several Truck Houses in behalf of the Govern- council, xx.,

ment, for carrying on the Trade with the Indians, and of Peltry '^

&C'' received from June 1750, to May 1751, with the following Re-
port of a Committee of the House thereon, dated SeptemV 13. 1751.

Examined the within Accompt, And that the Ballance due from
John Wheelwright Esq"" the Officer for managing the Indian Trade,
which he is further to accompt for, is Twenty seven Thousand &
fifty one Pounds, four shillings & three pence Old Tenor.

T. Hubbard per Order of Committee.

Read & Accepted.' [Passed Ajjril 13.

^ Not found in the House Journal.

730

Province Laws {Resolves, etc.). — 1752-53. [Chaps. 257, 258.]

Legislative
Records of the
Council, XX.,
:29.

CHAPTER 257.

VOTE ACCEPTING ACCOUNT OF THE COMMISS'^ GENERAL OF STORES.

An Accompt presented by John Wheelwright Esq"' Commissary
General of the several Species of Provisions by him purchased for
victualling the Garrisons with the Report of the Committee of the
House thereon; viz'

Examined the within Accompt of Specie, & there remains due
to the Province Two barrells of Pork, and ten bushels and three
quarts of Pease, which John Wheelwright Esq"" Commissary Gen-
eral is further to account for in the next Accompt of Specie,

T. Hubbard per Order,

Eead & Accepted.' \^Passed April 13.

CHAPTER 258.

Legislative
Records of the
Council, XX.,
30.

VOTE ACCEPTING REPORT OF COMMITTEE ON THE COMMISSARY GENi-'s
ACCO^ OF DISBURSMENTS.

The Committee appointed to audit & examine the Accompts of
John Wheelwright Esq'' Commissary General have accordingly ex-
amined said Accompts & find the same riglit cast & well vouched,
& that the said Wheelwright has disbursed for his Majestys Ser-
vice the Sum of £19,162.2.10, and that he hath received of the
Province Treasurer per Several Warrants in part thereof, with sev-
eral Articles sold belonging to the Province amounting to £13,645.16
to the 31, May 1751, There is therefore due from the Province to the
said Wheelwright for the Ballance thereof. Five Thousand, five hun-
dred & sixteen Pounds, six shillings & ten pence Old Tenor.

T. Hubbard per Order,

Read & Accepted.' \^Passed April 13.

^ Not found in the House Journal.

Index of Nam es

[731]^

INDEX OF NAMES.

Abbot, Moses, ....

Abington,

Abraham, Abigail (an Indian), .

Abraham, Samuel (an Indian), .

Abrahams, Elizal)eth (an Indian)

Abram (set? Aliraham).

Abram, Abigail (an Indian),

Abram, Andrew (an Indian) ,

Abram, Elisabeth (an Indian),

Accord Pond,

Acton, .

Acushnet,

Adams, Daniel,

Adams, Eleazer, jr.,

Adams, .John,

Adams, Jonas,

Adams, Joseph, .

Adams, Michael, .

Adams, Patience, .

Adams, Robert,

Adams, Samuel, .

Ahanton, Jol) (an Indian),

Albany, G2, 77, 132, 149, 151 bis, 15

Albee, Obadiah, jr.,
Alby (see Albee).
Aldrich, .John,

Alexander, Capt. ,

Alexander, Ebenezer,
Alexander, Gyles,
Alford & Tyng, .
Alger, Preserved,

Allen, , 9, 57, 95, 110, 125, 160, 1'

491, 602, 507, 544, 548,
Allen, Ann, .
Allen, Elijah,

Page
. 440
. 219

188,641, 642
. 704
. 641

. 459

. 463

. 150

77, 78, 458

. 580

. 201

. 295

. 145

. 295

. 145

44, 202

, .521, 638

120, 349

159, 173, 5.55, 560,

592, 621, 671

317, 330, 435

34,57

Allen, Ephraim, .

Allen, .Jacob,

Allen, .Tames,

Allen, .James,

Allen, James (of Boston),

Allen, .Jeremiah, .

Allen, Mary, .

Alles, Joseph,

Amas (see Amos).

America,

Ames, Nathaniel, .

Amesdell, Mary, .

Amos, Elisha,

Anabaptists, .

Andrews, Stephen,

Andros, Steplien, .

Ann, wife of Pompey (a negro),

Annapolis Roy.al (see Annapolis)

Antigua,

Appleton, Daniel,

211

590

289

522

171, 301, 350, 394, 470,

551 bis, 600, 634, 645

395

227

479

645

161, 369, 371

132, 293

. 395

. 640

. 201

442, 453, 573
303, 352
105
31,32
57
441
55
113

13
36, 184, 4.33, 600

Appleton, Joseph,

Appleton, Rev. Nathaniel,

Appleton, Samuel,

Argilla Farms,

Armes, John,

Arms, Daniel,

Arms, Daniel, jr., .

Arundel,

Ashley, Mrs.,

Ashley, Benjamin,

Ashley, Israel,

Ashley, Dr. Israel,

Ashley, .John,

Ashley, Capt. John,

Ashley, .Jonathan,

Ashley, .Joseph, .

Ashley, Noah,

Ashley, Capt. Noah,

Ashley, William, .

Ashuelot,

Ashuelot Equivalent, .

Ashuelot Village, (see Acuslmet)

Ashuelots, ....

Asseramo (an Indian) ,

Atkins, Capt. Henry, .

Atliins, WiUiani Dudley,

Atkinson, James, .

Atkinson, Theodore,

Atomon, Hester (an Indian)

Attleborough,

Auchmuty, Robert,

Aukmuty (see Auchmuty).

Averil, Israel,

Averil, .Joseph (.see Israel Averil).

Averil, Nathaniel,

Avery, Humjjhrey,

Avery, Rev. John,

Awunsamug, Thomas (an Indian),

Ayanagasso, Amos (an Indian),

Ayers, Peter, ....

4.>1,

488,

21, 168, 224, 282
426
61
587
650
179
289

208, 2.54, .502, 530
521, 613, 698

. 444

Page

582
710

665
105
105
109, 147
564
647, 684
477
508
683
567, 569, 684
104
54
G71
510
55
,240
263

704
409

37
340

31
115

15.

Bacon, .Jonathan, 546,

Bacon, Timothy, .......

Badcock, Joseph

Badger, Rev. Stephen

Bagley, .Jonathan,

Bailey, Benoni,

Bailey, Elisabeth,

Bailey, Elisabeth (daughter of Elisalieth

Bailey)

Bailey, Capt. Israel, 385,

Bailey, John,

Bailey, Keziah

Bailey, Samuel,

Bailey, Thomas

639
294
274
704
330
547
307

307
490
361
490
688
666

[733]

73i

Index of ^N^ames.

39,70

Baison, Stephen,
Baker, Cliristain,
Baker, Edward,
Baker, John, .
Baker, Samuel,
Baker, Thomas,
Baker, William,
Baldwin, Nathan,
Baldwin, Samuel,
Ball, Nathaniel,
Ball, Nathaniel (son of Nath
BaU, Robert, . 49, 105, 21
Ball, Samuel,
Ballard, Daniel, .
Ballard, Capt. Jeremiah,
Bancroft, Capt. Samuel,
Bane, Capt. Jonathan
Bane, Joseph,
Bangs, Edward, .
Banister, Seth,
Banks, Moses,
Barber, Hezekiah,
Barber, John,
Barden, Abraham,
Bardwell, Mcjhetabel,
Bardwell, Samuel,
Bardwell, Samuel, jr.
Barker, Daniel,
Barker, Josiah,
Barker, Nathan, .
Barlow, James,
Barnard, John,
Barnes, Benjamin,
Barnes, Lemuel, .
Barnes, Nathaniel,
Barnes, Sarah,
Barnes, ^yilliam, .
Barns (see Barnes).
Barnstable, 39, 47, 83, 1.

aniel Ball),
'284, 315, 481,

146

2G7, 523, 539, 59'

Page

120
416
,C40
412

356

379, 484, 596, 712
386
224
291
2;il
605, 609, 692

426, 432
71, 92
35
68
?7, 426
354, 361, 420, 567
296, 310, 477
314
417
319
20, 128
29
178
105
105
48
675
426
123
516
542
543
728
440
542

70, 691

54, 205, 274, 511, 522, 547, i
Barnstable, County of, 9, 47, 144, 162, 173, 205, 274, 279,
322, 337, 338, 344, 357, 439, 477, 510, 522, 546, 547, 553,
579, 63C, 639, 654, 691, 700, 704

Barren, [John], .

159,

160, 499, 525, 664

Barrett, Elisalieth,

. 462

Barrett, James,

. 273

Barrett, Thomas, .

. 462

Barrington, .

. 248

Barron (.see Barrows) .

Barron, John,

. 714

Barron, Timothy, .

48, 164

Barrows, George, jr.,

. 505

Bartlett, Jeremiah,

. 531

Bascomb, Joseph,

. 584

Basset, William, .

Bastide, John Henry,

. 498

B.itchelor, Joseph,

. 642

Bates, Joseph,

. 232

Bayley (see Bailey).

Beacon Island,

. 284

Beal, Daniel,

. 123

Beal, El)enezer, .

. 123

Beaman, Daniel, .

. 372

Beaman, John,

Bean, Capt. , .

. 657

Beane, Joseph,

. 207

Becket, William, jr.,

. 313

Bedford,

. 96

,148,

180, 320, 475, 659

Bedgood, Capt. Jeffrey,

. 61, 103, 166, 453

Bedunah, Thomas,

. 241

Jersey),
411, 445,

159,

201,

70,

:26,

28'

355

374,

456,

, 3.-

400,

416

449,

Belcher, Elizabeth,
Belcher, Jonathan (Governor of New
134, 402^

Belcher, Joseph

Beldin (see Belding).

Belding, Samuel, .

Belknap, Abraham,

Belknap, Samuel, .

Bell, John, .

Bell, Samuel,

Bellingham, . . . .14

Bellows, Eljenezer

Bemis, Benjamin,

Bemis, Sarah,

Bemus, Pliilip,

Benham, Robert, .

Bennet, Ellis,

Bennet, Isaac,

Bennet, John,

Bennet, Capt. Moses, . 209.

Bennet, Samuel,

Bennet's Farm,

Bent, Betty, .

Bent, David, .

Bent, John, ' .

Bent, Mary, .

Berkley,

Berry, Samuel,

Berry, Thomas,

Berwick, 17, IS, 23S, 240

Beverly,

Bickford, Eliakim,

Bickford, WilUam,

Biclinell, Japhet, .

Bickner, Benjamin,

Biddeford,

Bigelow, Benjamin,

Bigglo (see Bigelow)

Bill, Hannah,

Bill, Richard 386,

Billerica 34,

Billing, James,

Billings, Joseph, .

Binney, Amos,

Bird, Jerusha,

Blackwell, Caleb, .

Blagrove, Nathaniel,

Blake, Joseph,

Blanchard, Joseph,

Blanchard, William,

Blandford,

Blaney, Mary,

Bliss, Rev. [Daniel],

Bliss, Samuel,

Blodget, Abigail, .

Blodget, Elisabeth,

Blodget, Henry, .

Blodget, Henry of Suffield,

Blodget, Nathan, 107

Blodget, Capt. Nathaniel,

Blodget, Nehemiah,

Blodget, Oliver, of Chelmsford,

Blodget, Zaccheus,

Blogget (see Blodget)

Blue Anchor Tavern,

Boardman, , .

Boardman, Andrew,

Bollan, William, 103, 183, 190, 250, 331, 347, 351,
360, 460, 492, 508, 541, 542, 572, 593 bis, 643,

Page
. 61, 62
55, 111,
493, 525

. 61, 62

. 104
196, 279
. 435
. 584
. 363
304, 444
. 105
. 661
. 661
. 393
. 323
. 222
722
. 222
472, 562
. 368

22 •
. 464
. 464
. 464
. 464
. 541
497, 498
, 162, 172
, 727, 728
. 585
. 147
. 396
448, 469
. 364
109
. 637

. 243
4.56, 726
281, 674
. 339
. 701
. 721
. 681
. 441
. 397
. 604
. 216
. 281
672, 673
. 209
197, 710
. 211
. 107
. 332
. 15, 78
. 149
216, 332
. 226
. 560
, 560
224, 560

. 666
. 336

359, 369
354, 357,
662, 697

Index of [N'ames.

735

Page
BoUes, Hosea, . . . = . . . 38

BoUes, William 38

Bolton, 665

Bolton, Thomas, 235

Bolton, William 344,345

Boltwood, Solomon 379

Bond, Ruhamah, 411

Bonebeag Pond, 240

Bontiueau, Stephen, 456

Boston, 13, 24, 44, 46, 55, 61, 71 bis, 72, 78, 79, 82, 92, 96,
104, 107, 110, 112, 114, 128, 132 bis, 147, 149, 150 note,
154, 166, 176, 179, 188, 193, 194 bis, 195 bis, 197, 205,
208, 211, 215, 222, 231, 243, 245, 246, 249 bis, 254 bis,
264, 265, 266, 274, 286,297, 307, 316, 321, 333, 335, 341,
354, 355, 359, 364, 367, 375, 385, 393, 397, 398, 399, 423,
436, 441, 443 bis, 444, 446 bis, 447, 4.52, 458, 467, 472,
474, 477, 478, 480, 499, 513, 519, 525, .526 bis, 527, 528,
529, 540, 549, 562, .565, 573, 586, 590, 591, 599, 602, 604,
608, 009 bis, 632, 646, 653, 664, 666, 670, 674, 676, 677,
682, 687 bis, 688, 689, 690, 692, 693, 696, 698 bis, 705,
716, 719, 725
Boston Gazette 42, 112, 148, 234, 521

Boston Merchant, the ship,

Boston Packet,

117

619, 622

Boston Township Xuml)er One (

Char

lemont)

, . 660

Botel, William,

. 603

Bourghote, Hendrick, .

. 418

Bourn, Meletiah, .

134, 135

Bourn, Sylvanus, jr., .

Bourne, Sylvanus,

356, 391

Bowdoin, ,

649, 654

Bowen, Nathan, . . 58, 59

103,

237, 290

304, 412

Bowman, Ebenezer,

489, 715

Bowman, Elizabeth,

. 715

Bowman, Francis,

. 580

Bowman, Martha (an Indian),

. 668

Bowman, Samuel (an Indian),

. 668

Boxford, ....

425, 486

Boyden, .lonathau.

. 514

Boyes, James,

. 467

Boynton, Stephen,

84, 312

Brackett, Anthony,

. 265

Bracket!, Zachariah, .

. 265

Bradbury, Crisp, .

. 227

Bradbury, Capt. Jabez,

110, 391

4*5, 506

Bradbury, Capt. Thomas,

. 119

Braddish, .Joseph,

. 361

Bradford,

229, 333

Bradford, Col. ,

. 635

Bradford, Maj. , .

135, 200

Bradford, Gamaliel,

209, 718

Bradford, Nathaniel, .

. 633

Bradford, Sarah, .

. 633

Bradford, William,

. 633

Bradshaw, .John, .

383, 387

Bradstreet, Lieut. Dudley,

. 170

Bradstreet, Samuel,

. 705

Bragdon, Daniel, .

. 470

Bragdon, Capt. Thomas,

247

311, 553

Bragg, William, .

• 360

Braintree,

3,83,

150, 321

334, 680

Bramhall, Joshua,

. 186

Brand, Joshua (an Indian),

. 429

Brand, Peter (an Indian),

. 726

Branham, Francis,

. 586

Branham, Sarah, .

. 586

Brayton, Stephen,

. 148

Breed, Elisabeth, .

. 307

Breed, Ephraim, .

. 248

Breed, John, ....

Breed, Nathaniel, .

Brentnal (see Brintnall).

Breton (see Britton) .

Brewer, .John,

Brewer, [.Josiah],

Brian, Samuel,

Briant, Mary,

Briant, Soloman (an Indian),

Briant, William, jr.,

Bridgewater, 43, 150, 155, 210, 214, 219, 317

Bridgman, Jonathan, .

Brigham, Capt. Timothy,

Bright, Henry,

Bright, Matthew, .

Bright, Sarah,

Brimfield,

Brinley, Francis, .

Brinley, Col. Francis, .

Brintnall, Capt. William,

Bristol, ....

Bristol Coiinty, 13, 14, 25, 30, 44, 55, 99, 100, 101, 111,
148, 162, 170, 171, 229, 248, 249, 308, 324, 338, 363,
371, 395, 397, 402, 434, 439, 447, 448, 465, 469, 493,
502, 523 bis, 525, 530, 531, 553, 575, 581, 636, 655, 687,
711, 718

British Government, 62

Page

. 248
. 307

124, 225, 268

29, 116, 135

. 105

. 181

. 226

, 349, 425,

479, 490

. 375
305, 306

. 661

. 465

4&5, 661

68, 78, 662

. 112

. 241
124, 157

. 149

British Provinces & Colonies,
Britton, Edward,
Broadbrooks, Elienezer
Broadbrooks, John,
Broadbrooks, Joseph,
Brock, John, .
Brookfleld, 314, 364, 36,
Brookline,

Brooklyn {see Brookline).
Brooks, Martha, .
Brooks, Seth,

Brown, , .

Brown, Amos,
Brown, Benjamin,
Brown, Daniel,
Brown, Eseck,
Brown, George,
BrottTi, James,
Brown, .lohn.
Brown, Capt. John,
Brown, Nathaniel,
Brown, Nathaniel (son
Brown, Peleg,
Brown, Samuel, .
Brown, Thomas, ".
Brown, Timothy, .

Browne, ,

Brunswick, .
Bryant, Benjamin,
Buck, Samuel,
Buckminster, Col.,
Buckminster, Joseph,
Bucknam, [Joses],
Bucknam, Ruth, .
Bucknam, Stephen,
Bulflnch, Thomas,
Billiard, Malachi, .
Bullard, Nathaniel,
Bumpkin Island, .
Bunker, Daniel,
Bunker, John,

265

421,

275,

62
. 313
497, 498
497, 498
497, 498
507, 713
440, 518, 5.-'4, 662
167, 383, 637

. 512
. 512
21, 108
71, 216
. 530
. 320
24, 249
. 238
22

271, 431, 451

. .501

. 638

of Nathaniel Brown), . 638

. 522

223, 327, 584
. 463
415, 421
. 454
109, 269, 472, .5.56
. 650
. 165
391, .500, 605, 674

22.5, 229, 232

437, .500, 609
. 180
. 180.
• 453

201, 304, 305
. 429
. 699
. 26, 39
. 162

736

Index of !N^ames.

Page

Burbank, John, . 214

Burden, John 54

Burleigh, Andrew, 582

Burn, Patrick, .... 42, 197, 337, 431, 656

Bumee, Sarah (an Indian) 372, 642

Bumell, Samuel, 44

Burnham, Isaac 22

P.urnham, Josiah 288

Burnham, Thomas 22

Burns, Capt. , 69

Burr, Simon, 148

Burrill, [Ebenezer], 126

Burt, Abigail, 208

Burt, Benjamin 208

Burt, John, 208

Burt, Samuel 208

Burt, Susanna 208

Burt, Thomas, 640

Burt, William 208

Bush, Japhet, 698

Butler, Simeon 31

Butterfield, Ebenezer 714

Butterworth, Noah 397

Buttrick, Jonathan 196, 365, 468

C .

Cade, Peter, 191

Cagnawaga Indians, 302, 548

Calf, John, 22

Call, Benjamin 526

Cambridge, 191, 193, 194 bis, 220, 251, 252, 308, 332, 361,
377, 398, 489, 499, 568, 596 bis, 699, 709 bis, 710, 715,
726, 728

Campbell, Duncan, 589

Canada, 19, 23, 24, 26, 29, 35 bis, 64, 83, 87, 97, 144, 147,
148, 155, 185, 202, 203, 214, 274, 298, 301 bis, 302 bis,
312, 314, 342, 359, 415, 418, 472, 477, 513, 528, 579, 604,
622, 669
Canada Expedition, 40, 64, 72, 94, 121, 125, 133, 136, 156,
157 bis, 159, 161, 173, 183, 239, 242, 343, 347,476, 617,
619

Canada (Governor of), 343

Canada soldiers, 67, 105, 123, 124, 130, 133, 178, 185, 225,

268
Cane (see Kane) .

Canso 278

Cape Ann, 498

Cape Breton, 144, 195, 301

Cape Breton Expedition (see Louisburg Expe-
dition) .
Cape Breton, Island of.
Cape Cod,
Cargil, .James,

Cargill, Capt. ,

Cargyle, Capt. ,

Carpenter, Edward,
Carpenter, Elizabeth,
Carr, .James, .
Cary, Elizabeth, .
Cary, .Jonathan, .

Casco Bay,
Cast (see Kast).

Castcen, ,

Castle William,

, 43, 45, 46,

8, 9, 1

121, 156, 167, 188, 191, 198, 266,
389, 396, 437, 4a5, 491, 498, 507,
607, 693, 710, 712, 713
Caswall (see Caswell) .

56, 84, 98, 101,
270, 271, 285, 324,
530, 557, 596, 601,

250

127

717

371

295

147

632

, 144

474
119,
325,
602,

Caswell, Peter,
Caswell, Samuel, .
Caswell, Ursula, .
Catlin, .John, .
Catlin, John, jr., .
Cethcart, Gershom,

Chabunagiingamug (see Chaiibunagungamaug) .
Chadbourn (seeChadburn).

Chadburn, .John .57

Chadburn, Joseph, .... 240, 416, 417

Chadburn, .Joseph, jr 238

Chadburn, Joshua, 57

Chadwick, Jonathan, 229

Chaise (see Chase).

Chalcom, .Jacob (an Indian), . . . 39,704

Chamberlain, Capt. , .... 48, 332

Chamberlain, Clement, 58

Chamberlain, John, 246

Chamberlain, Joseph, 714

Chamberlain, Capt. Samuel, . . 199, 224, 352
Chamberlayne (see Chamberlain).

Chandler, (sheriff) 644

Chandler, Capt. 716

Chandler, Col. 700

Chandler, Edmund, 560

Chandler, Henry 185, 224

Chandler, J., 476, 589, 670, 681, 716

Chandler, John, 39, 70, 78, 91, 146, 162, 178, 189, 243,
267, 289, 298, 301, 318, 390, 393, 412, 460, 516, 539,
543, 547, 551, 552, 579, 597, 635, 640, 645, 649, 654,
660, 705, 716, 725

Page

. .554
. 338
. 338
. 105
. 104
712, 713

117

346,

), . 560
545, 579, 664
. 100
185, 224
. 546
. 585
336, 509
. 546

354,

. 509

546

296

521

658, 659, 696

193, 194, 389

187, 210, 331, 333, 361,

Chandler, John (son of Edmund Chandler

Chandler, John, jr., ... 178

Chandler, Samuel,

Chandler, William,

Chapin, Benjamin,

Chapin, Caleb,

Chapin, Elisha,

Chapin, George, .

Chapin, .Japhet,

Chapin, Jonathan,

Chapin, .Joshen, .

Chapin, Thomas, .

Chardon, Peter,

Charlemont, .

Charles, Rachael (an Indian),

Charles River,

Charlestown, 33 bis, 87, 101, 102,

383, 386, 387, 435, 470, 506, 524, 578, 590, 592, 609,

674, 676, 689, 717
Charlmont (see Charlemont).

Chase, Abel 165

Chase, Richard, 497, 498

Chase, Stephen 356

Chase, Thankful 497, 498

Chatham 344,546

Chaubunagungamaug Pond 91

Chebacco 166, 288, 409, 573, 668

Checapee, Checopee, Chequabee (see Chicopee).

Checkley, Sarah, 562

Cheeney, Cheyney (see Cheney).

Cheever, Bartholomew 251, 447

Cheever, Ezekiel, 32, 57, 125, 1.56, 162, 171, 172, 200,
255, 313, 370, 471, ,552, 589, 63.5, 644, 649, 654

Cheever, Thomas, 3.56, 521

Chelmsford, 199, 332, 656

Chelsea, 62, 68, 130, 356, 375, 398

Cheney, Benjamin 193, 194

Cheney, John 193, 194

Index of Names.

737

Page
Cheney, Capt. Thomas, .... 97, 182

Cheney, Timothy 69

Chicanecto (see Chignecto).

Chicobee River (see Chicopee River).

Chicopee (part of Springfield) , . . . 296, 545

Chicopee River 545, 546, 662

Chignecto 458

Child, Ebenezer 516

Child, James, 580

Childs, Asa 105

Childs, David, 105

Childs, Samuel, .105

Childs, Timothy • . 105

Childs, Timothy, jr 104,346

Chipman, Seth, 91

Choate, Col. , 172, 241, 393

Choate, Ebenezer, . . . . . .571

Choate, John, . . 98, 157, 161, 169, 228, 336, 622

Choate, Col. John, 521

Christian Town, 31, 32

Church, Adonijah 547

Church, Charles 100, 363, 439

Churchill, Ephraim, 236

Churchill, Nathaniel, 523

Churchill, Samuel, 582

Churchill, Stephen 236

Chute, Thomas, 234

Clap, Col. 492, 516, .548

Clapp, Ezra 98, 214, 232, 233

Clark, Daniel, 559

Clark, David, 475

Clark, George 374

Clark, Jabez, 652

Clark, Capt. Jonathan, 480

Clark, Jonas, 96, 180, 244

Clark, Mary, 27

Clark, Robert, 71, 72, 188

Clark, Samuel, 27, 374

Clark, Maj. Thomas, 236

Clary, Jonathan 584

Cleavland, Rev., 668

Clement, James, 104

Clesson, Joseph, 105

Clesson, Matthew, 147

Cleveland, John, 438

Cleveland, Joseph, 525

Cleveland, Moses, 105

Clinton, [George] (Governor of New York), 63, 151,

725

Clough, Mary, 318

Cobb, Elkanah, 242

Cobb, Gershom, jr., 233

Cobb, Thomas 253, 371

Codman, John 578

Colfin, Enoch 390

Coffin, John 554

Coffln, Jonathan 39

Coffin, Josiah 162, 637

Coffin, Richard, 26, 637

Coffin, William, 166

Cogswell, [Francis] 552

Colburn, James, 577

Colbum, John, 714

Colburn, Jonathan 321

Colburn, Oliver 457

Cold Brook, 346

Cole, Andrew, ....... 531

Cole, Francis, "69

Cole, William (of Topsham, Great Britain) , . 515

108, 149,

168, 2

219
494
162
222
526
79
6, 323
662

201
496
576

Page
Cole Rain (see Colram).

Coles, John 335

CoUings (see Collins).
Collin's Farm, ...
Collins, Elijah, ...
Collins, James, ...
Collins, William, ...
Colman, Benjamin,
Colman, John, ...

Colrain, 51

Colton, Noah, ...

Colvill, Rt. Hon. Lord,
Combs, George,
Combs, Ithamar, .
Commecto, Joseph (an Indian),
Conant, John,
Concord, 77, 78, 92, 196, 252 bis, 299, 339, 365, 366, 382 Ms,
383, 462, 463, 468, 469, 570, 690, 710, 724

Concord River, 382

Coniengee Indians 598

Connecticut, 7, 23, 24, 35, 51, 62, 63, 64, 65, 66, 68, 70, 76,

77, 91, 96, 108, 152, 166, 236, 337, 343, 347, 369, 370,

409, 475, 476, 564
Connecticut (Governor of ) , . . . 168, 460

Connecticut River, 19, 21, 30, 122, 236, 509, 522, 543, 546,

550 bis, 551, 602

Contocook 19

Coochuck, (an Indian), .... 429

Cook, James 399, 414, 416

Cook, John, 399

Cook, Joseph, 399, 414

Cook, Robert, 387

Cook, Silas 414

Cook, Thomas,

Coolidge, Thomas, 193, 194

Cooper, Robert, 228

Cotton, Col. 359

Cotton, Josiah 348

Cotton, Roland (Clerk of the House of Repre

sentatives) , 95, 175, 220, 354, 378, 386, 483, 595, 709
Coudry, Nathaniel,
County of Dukes County,
Covet, Jesse, .

Cowass, .
Cowden, David,
Cowden, James,
Cowden, Jennett,
Cowden, Samuel,
Crackbone, Benjamin,
Crackbone, Joseph,
Craig, James,
Craige (see Craig).
Cranys Meadow, .
Crecy, Daniel,
Crecy, Sarah,
Crellius, Joseph, .
Cresson, Thomas, .
Crocker, David, .
Crocker, Otis,
Crookhuck (see Coochuck).
Crooks, John,
Crosby, James,
Crosby, Thomas, .
Crouch, Richard, .
Crowfoot, Benjamin,
Crown Coffee House,
Crown Point, . . 62,
Cruger, Henry,
Cruttenden, Stephen,

506
27, 162, 181, 184, 390, 637
113
707
179
179
179
179
193, 194
146
334

546

353

339

39, 524, 694

232
435

680

546

446

120, 528, 600

519

64, 65, 66

67,

738

Index of jS^ames.

Cudworth, Benjamin, .

Cummings, Capt. , .

Cunningham, Nathaniel,
Curtis, Ephraim, .
Curtis, Maj. Ephraim, .
Curtis, John, .
Curwin, George, .
Curwin, Sarah,

Cushing, Lieut. Col. ,

Gushing, Ezekiel, .
Cushing, John, 39, 16-2, 197,

Page

. 566
. 283
1.50, 221
612, 668
150, 393
579, 668
. 239
. 239
. 434
388, 401
392, 513, 553, 635, 674, 694,
722
507

Cushman, Eleazer,

Cutler {see Cutter) .

Cutler, James 489

Cutler, Thomas, jr., 510

Cutt, Maj. 636

Cutt, Dorcas 410

Cutter, Animi Ruhamah 199, 587

Cutter, Dorothy 113, 199

Cuyagas, 63

Cyler, CorneUus, 560

I>.

109,

193,

193,194,

193, 194,

193,

281,

39, 212, 331, 359, 393, 426,

600,

Damariscotta,
Damariscotta River,
Dana, Benjamin, .
Dana, Caleb, .
Dana, Daniel,
Dana, Daniel, jr., .
Dana, Thomas,
Dana, Thomas, jr.,
Danforth, Jacob, .
Danforth, Samuel,
Danvers,

Darling, Penelope

Darling, Samuel

Dartmouth, . 13, 34, 55, 57, 324, 441, 471, 496, 684,

Davenport, William 277,

David, Stephen (an Indian), ....

Davis, Capt. ,

Davis, Benjamin

Davis, Daniel

Davis, Eleazer

Davis, Elisha

Davis, Capt. James

Davis, Job

Davis, John, . . . .77, 90, 281, 465, 590,

Davis, Capt. John,

Davis, Joseph, .......

Davis, [Samuel]

Davis, Samuel

Davis, Seth

Davis, Simon

Davis, Thamazin,

Day, Benjamin 502,

Day, Ichabod,

Day, .Jolin,

Day, John (of Bradford),

Death [D'Aith], Henry,

Dedham 106, 179, 186,

Deerfleld, 51, 104, 108, 108, 243, 315, 322, 4.53, 665,

Dcering, Elisabeth,

Dclancy, [James], Chief Justice Province of

N. Y.,

Delaverger, Nicholas

Doming, George 201,

Dennie, John

168
51
252
578
568
194
194
194
282
428
670
397
397
729
288
349
634
303
333
547
458
233
583
726
70
361
91
289
452
100
583
531
181
316
333
146
303
697
365

694

226

599

58,

103,

237

150,

Page

. 599

85, 381, 679

. 720

351

672
527
416

. 105

554, 575

347,348

290, 304, 412
. 477
. 364
. 718
. 443

593, 594, 633
. 319
. 236

Dennie, John (son of John Dennie),
Dennis, .John,
Dennis, Thomas, .
Denny, Daniel,
Denny, John, jr., .
Dering («ce Deering).
Deshon, Moses,
Deft-ing, Nathaniel,
Diamond, the sloop,
Dickenson (see Dickinson).
Dickinson, Samuel,
Dighton,
Dixwell, Bazil,
Doane, Capt. Elisha,
Dodge, John,

Dogaraus, Peter (an Indian
Dolphin Tavern, .
Donham, Seth,
Dorby, Sarah,
Dorchester, .
Dorchester, Canada,
Dotey, Edward, .
Douglas, District of, 219, 266, 277, 288, 289, 368, 445,

466, 702

Doune, 654

Downe, William 341

Downing, Benjamin, 577

Dows, Joseph 227

Dracut 116,135,667,714

Draper, Daniel 466

Draper, Jonathan, 444, 556

Draper, Sarah 556

Draper, Thomas, 450, 556

Dresser, Samuel 190

Drewry, Daniel, 622

Drury, Daniel 367

Dudley 39, 97, 668

Dudley Indians 706

Dudley, Elisabeth 206

Dudley, Joseph (late Governor of Massachu-
setts) 351

Dudley, Paul 30

Dudley, Samuel 466

Dudley, William 206

Duke of Cumberland, the ship 61

Dukes County, County of, 27, 162, 181, 184, 390, 636,

712, 713, 718
Dumary (see Dumerey).

Dumerey, Andrew 355

Dunham, John 117

Dunsmore, Oliver 420

Dunsmore, Thomas 420

Dunstable, . . . 12, 245, 282, 283, 457, 577, 714
Duxborough (see Duxbury).

Duxbury, 517, 587

Duxbury Beach 587

Dwelley, .John 675

Dwelley, .Joseph, 675

Dwelley, Ruth 675

Dwelley, Sarah 675

D wight. Brig. 282

D wight, Capt. 522

Dwight, Col. 241,339

Dwight, Mrs. 683

Dwight, John 91

Dwight, Jonathan, 441

Dwight, Joseph, . . 319, 367, 547, 567, 569, 682, 684
Dwight, .Joseph (Speaker of the House of Rep-
resentatives), .... 350,378,394

Index of ]Names.

739

Page

Dwight, Josiah 306, 336, 488

Dwight, Capt. Josiah 450, 451

Dwight, Col. Seth, 263

Dwight, Timothy, . . 267, 298, 329, 337, 352
Dwinel, Zechariah, 121

Eager, Benjamin, 307

Eager, James 390

Eames, Caleb 312

Eames, Joshua, 312

Eames, Nathan 83

Eames, Robert, 83

Earl (see Earle).

Earle, William, 381

Eastabrooli (see Eastabrooke) .

Eastabrooke, John 504

Eastabrooke, John (son of John Eastabrooke), 504
Eastern Indians, 342, 450, 510, 544, 555, 674, 691, 707,

722

Eastham 39, 43, 97, 477

Easton 468, 491, 502, 516, 520

Eaton, Capt. , 396

Eaton, Benjamin 575

Eaton, Jeremiah, 387, 413

Eaton, Joseph 622

Eaton, Rev. Joshua 514

Eaton, Nathaniel, 506

Eaton, Nicholas 622

Eaton, Capt. Thomas 222, 398

Eddy, John 306

Edgartown, 181

Edgehill, John 203

Edson, Josiah 118, 479

Edson, Josiah, jr 120, 718

Edson, Capt. Josiah Jr., 9, 39

Edwards, Benjamin 549

Edwards, Daniel, 475

Edwards, Rev. Jonathan 5G0, 561

Egypt River, 190

Elbows, The, 617, 637

Ellis, Benjamin 207

ElUs, Dr. Edward 84

Ellis, Elisha, 104

Elving, Abigail, 305

Elving, Richard 305

Emerson, Moses (commissary), . . 77, 132, 173

Enfield 76, 242, 337, 588

England 22, 190, 357, 677

Epes, 703

Epes, Daniel 432, 600

Epes, Capt. Daniel 172

Epes, Symonds 22

Ephraim, John (an Indian), .... 495
Ephraim, Joseph (an Indian), . . 39, 135, 341

Ephraim, Peter (an Indian) 39

Equi, Betty (an Indian) 668

Equi, Zachariah (an Indian) 668

Erving, John, 688

Essex County, 36, .'52 bis, 58, 59, 84, 103, 162, 164, 177, 184,
209, 211, 218, 227, 237, 239, 291, 299, 304, 307, 313, 321,
335, 395, 412, 413, 425, 433, 435, 466, 486, 515, 552, 558,
559 bis, 561, 570 bis, 571, 573, 583, 585, 586, 587, 600,
634, 638, 660, 673, 700, 719

Etter, 573

Eveleth, Col. Edward 384, 435, .584

Ewens, Jonathan, 506

Ewing, John, 591

Page
Fairbanks, Jabez, .... 459, 550, 574

Fairbanks, Thomas, . . . 459, 550, 574, 603 bis

Fales, Stephen 520

Fall Town (Bernardston), . 51, 104, 108, 276, 323, 585

Falmouth (Barnstable County), . . 39, 106, 322

Falmouth (York County), 11, 33, 44, 109, 296, 331, 342,

374, 380, 388, 434, 498, 591, 667

Farmer, Daniel, .

. 213

Farnham, Daniel,

. 386

Famham, Capt. John, .

. 289

Farnsworth, Stephen, .

. 216

Fassett, Benjamin,

. 352

Fearing, Elijah, .

. 549

Fearing, Nathaniel,

. 549

Felch, Ebenezer, .

120, 131, 135

Ferry, Mark,

. 69, 78

Fessenden, Stephen,

. 297

Field, David,

. 104

Field, Zachariah, .

. 580

Fimney (see Finney).

Finney, Joseph, .

. 441

Fish Street, Boston,

. 632

Fisher, Ebenezer,

. 40, 88, 89

Fisher, Eleazer, .

. 226

Fisher, John,

. 40,88,503

Fisher, Lieut. Joshua, .

. 303

Fiske, Sarah,

. 700

Fiske, WiUiam,

. 700

Fitch, John, .

. 386

Fitch, Thomas,

Flagg, Benjamin, .

Flagg's Farm,

. 631

Fletcher, Ensign Thomas,

. 230

Floyd, Benjamin, .

. 306

Floyd, Hugh,

. 306

Floyd, John, .

. 222

Floyd, Samuel,

. 306

Floyd, Sarah,

. 222

Fobes, Ephraim, .

. 479

Fogg, Benjamin, .

. 699

Folger, Abishai, .

, 39, 162, 554, 637

Follensby, Thomas,

. 321

Foot, John, .

. 246

Fore River, .

. 388

Fort Dummer, 30, 86, 90, 108

170, 181, 254, 264, 276, 282,

334, 335, 343, 347, 423, 598, 641, 643

Fort Frederick (Pemaquid), . 51,85,109,418,423

Fort George (Brunswick), 51, 109, 168, 264, 291, 3.34,

423, .556, 598

Fort Massachusetts, 17, 35, 51, 67, 77, 83, 87, 89, 108,

112, 115, 117,-147, 148, 168, 172, 224, 241, 264, 270,

271, 312, 314, 315, 323, 332, 334, 336, 3,52, 353, 423,

485, 486, 497, 501, 592, 598

Fort at Number Four, 19, 20, 21, 51, 89, 108, 168, 185,

189, 212, 264, 276 bis, 282, 334, 373, 415, 423, 598

Fort Pelham, . . . .67, 108, 264, 323, 551

Fort Pellom (see Fort Pelham).

Fort Shirley, 108, 264, 551

Foster, Ebenezer, .

. 199

Foster, Ephraim, .

. 144

Foster, Jeremiah, .

166, 288

Foster, John,

. 697

Foster, Capt. John,

. 254

Foster, Mary,

. 144

Foster, Richard, .

. 714

Foster, Thomas, . . 9]

,162

190,

200, 279, 358, 369

Fowle, Maj. John,

313, 480

Fowler, John,

. 558

740

Index of IS^ajvies.

Page

Fowler, Zechariah 558

Fox, Jabez, 11, 106, 401, 591

Foxcroft, Francis '-67, 529

Foye, William (Treasurer of the Province), 17, 35 bis,
38, 44, 48 bis, 58, 68, 69 bis, 73, 75, 85, 93 bis, 105, 115,
116, 1-25, 133 ter, 134, 158, 159, 172, 174 bis, 198 bis,
200, 201, 203 ter, 204 ier, 205, 206, 207, 208, 210, 211,
213, 215, 216, 217 bis, 220, 221, 222, 224 bis, 225 ter,
228 qnater, 229, 230 ter, 231 bis, 232 bis, 233, 235, 240,
241, 242, 243 ter, 246 bis, -Ul ter, 265, 268 bis, 270,
271 bis, 275 quater, 276, 277, 279, 281 ter, 295, 301, 306,
311, 312 bis, 314, 315, 316, 319, 323 bis, 332 bis, 336
bis, 338, 340, 344, 345 quater, 351, 353, 354, 355 bis,
356, 358, 360, 364, 371, 374 bis, 375, 376 bis, 402, 450,
451, 473 bis, 478, 483 bis, 492, 494, 495, 501, 514, 518,
527, 528, 529, 531 bis, 542, 545, 549, 561, 562, 563, 575,
588, 589 ter, 593, 595, 601 bis, 606, 608 ter, 609, 611 bis,
612, 613, 614 bis, 616, 617, 618, 619 bis, 620, 621, 623 bis,
&2A, 657 bis, 658, 666, 671, 675, 677, 678, 685, 686,
687 bis, 689, 690, 692, 693, 694, 695, 696, 697, 698, 701,
702, 703, 708, 711, 714, 719, 720 quint, 721 quint, 722,
723, 727, 730

Framhegal, , 342

Framiugham, 18, 203, 464

France, 66

Francis (an Indian) 51

Franlilin, Henry, 251, 447

Franklin, John, 251, 447

Franklyn (see Franklin).

Freeman, 636

Freeman, David 704

Freeman, Edward, 441

Freeman, Elisha, 441

Freeman, Maj. Enoch, 380, 401

Freeman, Isaac, 688

Freeman, Capt. Isaac, 205, 680

Freeman, John, 553, 700

Freeman, Jonathan 531

Freeman, Joseph, 11, 39

Freeman, Joseph, jr., 310

Freeman, Philip 335, 336

Freetown 55, 356, 441, 523, 634

French, John 531

French, Thomas 53, 83, 104

Frie, Joseph, 474

Frizzel, John, 461

Frost, John, 151, 198

Frost, Samuel 198

Frost, Simon 67, 73, 162, 277

Frye, Joseph 561

Frye, Capt. Nathaniel, 35

Fuller, Obadiah 531

Fuller, Robert, 413

Fuller, Timothy, 719

Furl)ish (.fee Furbush).

Furbush, Phineas 17, 271

Furbush, Sarah 17, 271

Gage, Thomas 704

Gallon, Robert, 68, 494

Gamage, Joshua, 728

Gamble, Archibald, 313

Gardner, Capt. [Andrew] 48

Gardner, Capt. John, 228

Garfield, Daniel, 122

Garfield, Moses, 122, 588

Garnet, Ezra 213

Page
Garnet, Jonathan, ...... 213

Gates, Ephraim 706

Gay Head 52,314

Geary, John 506

Georgetown (Arrowsick), . . 109, 158, 342, 727

Germain, William, 206, 703

Gerrish, Col. 516, 548, 609

Gerrish, George 246

Gerrish, John 562

Gerrish, [Joseph], . . . 159, 160, 499, .525, 664

Gerrish, Lydia, 18

Gerrish, Nathaniel, 18, 449

Gerrish, Nathaniel (son of Nathaniel Gerrish), 18,

449, 493

Gerrish, Samuel, 562

Gerrish, Col. Timothy 677

Gerrot, EUas, 335, 346

Gibbs, , 645, 654, 717

Gibbs, Josiah, 706

Gibbs, Thomas 285

Gibson, Samuel, 22

Giddings, Daniel 438

Gilbert, David 440

Gilbert, -Jonathan 440

Gill, Israel 40, 88, 503

Gill, John, 40, 88, 503

Gilson, John, 118

Gilson, Prudence, 414

Glazier, Anthony, 399

Gloucester 291, 583

Goddard, Ebenezer 580

Goddard, Robert 218

Goddard, Thomas, 333

Godf rce {see Godfrey) .

Godfrey, John 578

Godman, Ann 581

Godman, James 581

Gold, , 13

Goldsberry, John, . . . . . 181, 226

Goldthwaite, Capt. Joseph 347

Gooch, James, jr., 467

Goodhue, Ebenezer, 714

Goodhue, John 288, 409

Goodman, Samuel, 312, 332

Goodman, Thomas, 312, 332

Goodnow, John 120

Goodrich, Capt. Benjamin 105

Goodwin, John, 506

Gookin, Richard, 179

Gorham, Benjamin 154

Gorham, David 173

Gorham, John, 144, 279, 439

Gorhamtown (Gorham, Maine), 51, 109, 168, 235 6is,

264, 300, 667

Gosson, .loscph 450

Gouge, Thomas, 221

Gould, Daniel, jr 506

Gould, Ebenezer 352

Gould, Joseph 275

Gould, Thomas, 559

Goulding, Palmer 711

Governor's Island, . . . 40,266,316,498,557
Grafton, . . .39, 188, 372, 459, 463, 597, 640

Grafton Indians (see Hassanimisco Indians).

Grainger, George, 250

Grant, Alexander 238, 728

Grant, Benjamin, 22

Grant, Daniel 238

Grant, Lander 238

Index of Names.

'41

Page
Grant, Lieut. Peter, ...... 238

Graves, Abraham, 32-2

Graves, Asahel 322

Graves, Joseph, 122, 229

Graves, Nathaniel 580

Graves, Saiiiuel, 338

Gray, , . . . 470, 551, 600, 649, 6.54, 674, 682

Gray, Rev. Ellis, . . 95, 176, 378, 484, .501, 596, 710

Gray, Harrison, . . . 492, 518, 562, .599, 659, 690

Great Britain, 35, 66, 183 bis, 190, 250, 331, 34:5, 344, 347,

351, 354, 357, 453, 492, 515, 593, 662

Great Sebasco Degan Islands,

Green River, [Greenfield],

Green, Daniel,

Green, David,

Green, David, jr., .

Green, Isaac,

Green, John, . ■ .

Green, John, .

Green, .Jonas,

Green, Joseph,

Green, .Josiah,

Green, Samuel,

Green, Thomas,

Green, Thomas (executor),

Green, Thomas,

Green, Timothy, .

Greenleaf, Benjamin, .

Greenleaf , John, .

Greenleaf, .Joseph,

Greenwood, James (see William Greenwood)

Greenwood, Thomas, .
Greenwood, William, .
Greville, Aylmer, .
Gridler, Grace,
Gridler, William, .
Gridley, Elisabeth,
Gridley, John,
Gridley, Richard, .
Gridley, Col. Richard, .
Gros, Grose (see Gross) .
Gross, Isaac, .
Groton, 12, 21, 105, 117, 244,

Groves, Peter,
Gubtale, Robert, .
Guield (see Guild).
Guild, Benjamin, .
Guild, Samuel,
Gunnison, .Joseph,

Gunter, , .

Gutteridge, Capt. ,

Gutteridge, John,

. 269
108, 323
506
506
506
514
233
506
506
453
506
506
166
100
506
319
310
400, 424, 448
197

245, 282, 283, 29:
577

13, 311, 383

131, 311

. 359

. 522

452, 515

557

. 505
5, 436, 514,
679, 680 bis

. 585
. 238

. 254
. 649
. 44,45
. 4.56
60
. 480

Hadley, .
Hadley, Simon,
Hale, Robert,
Hale, Col. Robert,
Hale, Thomas,
Halifax, .
Hall, Abner, .
Hall, [Andrew],
Hall, Andrew, jr..
Hall, Benjamin,
Hall, Caleb, .
Hall, David, .
Hall, Ebenezer,

15, 104, 146, 312, 332, 379, 545
58
37, 66, 68, 435, .558
. 521
. 364
. 699
. 213
156, 159, 200
211, 397
66
. .531
. 510
37

Page

Hall, Hugh 53, 83

Hall, Jane 37

Hall, Joseph, 700

Hall, Moses 48

Hall, Stephen 154

Hall, Willis 90

Halliburton, Abigail 338

Hamilton, Armour 105

Hamilton, Gabriel, 238

Hamilton, .James 385

Hamilton, John 238

Hamlin, Gershom, . . . . . . 88, 97

Hammond, Benjamin 8, 402

Hampshire County, 36, 41, 67, 136, 148, 153, 162, 163,
265, 267, 306, 320, 351, 372, 375, 379, 409, 475, 515,
522, 524, 550, 552, 584, 588, 635, 637, 640, 647, 659 bis,
660, 665, 671, 672, 696, 697, 698

Hampton,

Hanuannedanocks I.,and,
Hanover,
Hardwick,

Hardy, , .

Hardy, William, .
Harlow, .James,
Hannan, Capt. John,
Harper, .John,
Harrington, .Joseph,
Harris, Eljenezer,
Harris, Lydia,
Harris, Rol)ert,
Harris, William, .

Hart, ,

Hartwell, Edward,
Harvard,

. 410

. 328

219, 340, 505, 675, 679

440, 453, 475, 481, 518

216, 217,

229, 233, 333
511, 582
319
278
580
663
663
586
586
147
198
12

Harvard College, 94 bis, 174, 175, 192, 194, 377 bis, 398,
482, 483, 484, 595 bis, 596 bis, 699, 708, 709 bis

Harvey, Benjamin, 466

Harward (see Harvard) .

Harwich, . 39, 145, 289, 296, 310, 325, 475, 477, 497

Harwood, John, 266, 466

Hassanimisco 372, 597

Hassanimisco Indians, 70, 146, 189, 267, 373, 412, 539,
597 bis, 640, 641 bis, 642 bis

Hatch, 420

Hatch, Benjamin 499, 670

Hatch, Elisha, 441

Hatch, Estes 725

Hatfield 104, 153

Hathaway, Arthur, 421

Hathaway, Ebenezer 634

Hathway (see Hathaway).

Haughton, Ezra,
Haverhill,
Hawes, Isaac,
Hawes, John,
Hawks, .John,

603

115, 160, 168, 169, 211, 227, 321, 713

344

105, 3.52

Hawks, Sergeant John, . . . . 35, 147

Hawley, Elisha, 671

Hawley, .Joseph, 585

Hay den, .Jonathan, jr.,

Hayes, Peter, ....

Hays (see Hayes).

Hay ward, Howard (see Hey wood).

Hayward, .Joshua,

Hay ward, Oliver, ....

Hayward, Patrick,

Hazelton, .John

Hazen, Richard

Hazzen (see Hazen).

321

506

. 468
. 346
. 268
. 218
321, 451, 453, 507

742

Index of ^NTames.

Heald, Eleazer,
HeaW, Elisabeth, .
Heald, Timothy, .

Heath, Col. , .

Heath, JosL'ph,

Heath, Col. [Joseph], .

Hedge, Mercy,

Henchman, Daniel,

Henderson, John, .

Henderson, Capt. Thomas,

Henry, John,

Henshaw, Joshua,

Henshaw, Samuel,

Hewes, George,

Hewes, Robert,

Heywood, Daniel,

Hickes {see Hicks).

HickUng, William,

Hicks, Nathaniel, .

Higbee, Daniel,

Higginson, Elizabeth, .

Higginson, John, .

Higginson, Stephen & Company,

Hildreth, Ephraim,

Hill, Caleb, .

Hill, Capt. Daniel,

Hill, Daniel, jr..

Hill, Ebenezer,

Hill, John, . 41, 73, 201, 237, 321

Hill, Nathaniel (an Indian) ,

Hill, Patience (an Indian),

Hilton, Ann, .

Hind, Eleanor,

Hingham,

Hinsdale, Col. ,

Hinsdale, Ebenezer (under
Hinsdale's Fort, .
Hinsdell (see Hinsdale).
Hitchcock, Aaron,
Hitchcock, Abigail,
Hitchcock, Elizabeth, .
Hitchcock, Jacob, .
Hitchcock, Mary, .
Hitchcock, Nathan,
Hix, Ann,
Hix, Nathaniel,
Hix, William,
Hixon, John,
Hix's Ferry, .
Hobart, Rev. Nehemiah,
Hobart, Sarah,
Hobart, Shubael, .

Hobbs, Capt. ,

Hobbs, Capt. Humphrey,
Hobbs, James,
Hobson, Humphrey,
Ilobson, John,
Hobson, Capt. [John], .
Hodgdon, Benjamin, .
Hodges, Samuel, .
Hodges, William, .
Iloit (.sx'e Iloyt)
IIoll)rook, Benjamin, .
Holbrook, Elisha, .
Holbrook, Josiah, .
Holbrook, Richard,

Holdcn

Holdcn, James,
Hollis, , .

182,

Page

77
. 512
. 512
551 bis, 600
298, 301, 367, 390
57, 172, 350, 359
. 543
. 341
. 231
. 157
176, 292
. 726
. 676
150, 221
150, 221
9, 143, 412, 539, 639

413,

. 449

58, 103

. 586

. 714

266, 277

235 ter, 300

. 300

. 105

513, 636, 689

341

351

652

123, 150, 186, 549

104, 322, 335, 340

commissary), . 86

181, 254

492,

576

189,

231,

123, 126, 153
126
126
26, 153
268
268
471
277
471
58
471
418
419
686
345

295, 400, 695
204
704
481
160, 231
238
711
657

330, 331
43
. 345
330, 331
267, 268
. 580
. 564

Hollis, Isaac,
Holliston,
Holman, Solomon,
Holmes, Ebenezer,
Holyoke, Rev. Edward,
Holyoke, Jacob, .
Homans, Capt. John,
Homans, Richard,
Hood, Richard,
Hooper, John,

Page

. 683

159, 201, 226, 304, 461

. 165

. 401

377, 398, 482, 595, 708

150, 151, 221

525, 526

. 515

. 132

649, 727

Hoosac, . . 241, 272, 336, 379, 485, 486, 623, 671, 724

Hoosic River (north branch) 497

Hoosuck (see Hoosac) .

Hoosuck River (see Hoosic River) .

Hopewell, the schooner 278

Hopkinton,
Hop Lands, .
Hosmer, Stephen, .
Hosmer, Thomas, jr.,
Houghton, Sergt.

Housatonic Indians, or Indians of Stockbridge,

164,

310,

Housatonic River,

Hovey, Samuel,

How, Daniel,

How, Joseph,

How, Capt. Joseph,

How, Matthias,

Howard, Capt. Daniel,

Howard, Rebecca,

Howard, Robert, .

Howe (.see How) .

Howland, Abigail,

Howland, Henry, .

Howland, Nathaniel, .

Howland, Robert,

Hoxie, Simeon,

Hoyt, Jonathan, .

Hoyt, Moses,

Hubbard, Daniel, .

Hubbard, Ebenezer,

Hubbard, John, .

Hubbard, Lieut. John,

Hubbard, Capt. Jonathan,

Hubbard, Richard,

Hubbard, Shubael,

Hubbard, Shubael, jr.,

Hubbard, [Thomas], 9, 29, 35, 49, 57, 95, 110, 125, 156,
171, 253, 301, 518, 544, 548, 599, 600, 619 bis, 622, 623,
624, 654, 6.59, 686, 729, 730 bis.

Hubbard, Thomas, 680, 690

Hubbard, Thomas (Speaker of the House of

Representatives), 357, 378, 470, 483, 491, 507, 523,
593, 595, 634, 645 bis, 654, 674, 693, 696, 698, 706, 709

Hubbard, Thomas (Treasurer of Harvard Col-
lege), 699

Hubl)art (see Hubbard).

Hudson River 592

Hull 202, 721 ter

Hunnewell, Roger 702

Hunt, , 600, 654 bis, 705

Hunt, Daniel 148

Hunt, John, 651

384, 463, 669, 720, 728
563, 683

620

329,

454

67, 263

. 231

. 176

. 547

. 212

579, 643

. 155

. 821

149, 423, 424, 425

. 208
684, 685
. 208
. 517
511, 624
. 105
471, 568, 671
. 519
. 339
. 104
. 104
. 398
53, 196, 617
. 436
. 436

Hunt, Nathaniel, .
Hunt, Simon,
Hunt, [William], .
Ilurston, Capt. John,
Hussey, Sylvanus,
Hutchinson, , .

352
382
39,52
346
554
456

Index of Names.

743

Page
Hutchinson, Edward, 194, 236, 398, 480, 503, 513, 529,

612
Hutchinson, Eliakim, . . . 242, 269, 286, 617, 619

Hutchinson, Foster 590

Hutchinson, Thomas, 79, 337, 350, 359, 439, 492, 501 , 522,
541, 548, 619, 621, 641, 645, 649, 654, 660, 724
Hutchinson, Thomas (Spealier of the House of

Representatives) , 9, 27, 37, 94, 96, 98, 110, 151, 171,
175, 200, 250, 254

Indian Head River, 340

Indians.

Abraham, Abigail 188, 641

Abraham, Samuel, 642, 704

Abrahams, Elizabeth 641

Abram, Abigail 459

Abram, Andrew, 463

Abram, Elisabeth, 463

Ahanton, Job, 120, 349

Asseramo, 426

Atomon, Hester, 289

Awunsamug 340

Ayanagasso, Amos 31

of Barnstable County 700

Bowman, Martha, 668

Bowman, Samuel, 668

Brand, Joshua 429

Brand, Peter, 726

Briant, Solomon, 52

Burnee, Sarah 372, 642

Cagnawaga 302, 548

Chalcom, Jacob, . o . . . 39, 704

Charles, Rachael 32

Commecto, Joseph, 496

Coniengee, 598

Coochuck, , 429

Cuyagas 63

David, Stephen 349

Dogamus, Peter, 477

Dudley Indians 39, 706

Eastern, . 342, 450, 510, 544, 555, 674, 691, 707, 722

Ephraim, John, 495

Ephraim, Joseph 39, 135

Ephraim, Peter 39

Equi, Betty 668

Equi, Zachariah 668

Francis, 51

Gay Head, Martha's Vineyard, . . 52, 314
Grafton (see Hassanimisco Indians).
Hassanimisco, 39, 70, 146, 189, 267, 373, 412, 459, 463
539, 597, 640, 641 bis, 642 bis

Housatonic 329

Janosco, Amos 31

Kekaquans, Hendrick, 481

Kuncapot, Capt. , . . 327, 328, 454, 455

Lawrence, Sarah, 597

La^vrence, Peter, ...... 597

Mamataug, Sarah, 520

Martha's Vineyard 31,32,52

Mashpee, 52, 524

Mattakeeset 718

Mohawks, . . 63, 450, 451, 563,569, 647, 648

Mohegan, 15

Nantucket, . . . 11, 26, 39, 53, 270, 571

Natick, 39 bis, 85, 122, 135, 340, 341 bis, 342, 363,

368, 495, 496, 597, 655, 668, 704, 726

Norridgewock 284,391,511

Page
Indians — continued.

Oneidas 63

Onendagas 63

Onientas, 598

Pegan, Joseph, . . , . . .668

Pegan, Martha, 668

Penobscot, 284, 391, 511

Pigwacket, ... 8, 190, 273, 279, 359, 402

Poignot, Eleazar, 368

Powit, Joseph, 52

Printer, Martha, 189

Printer, Sarah, . . . 188, 459, 641, 642

Puncapaug, 86, 87, 520, 638

Quaab, Paul 270

Quabin, Paul, 11

St. Francois, 342, 511, 707

Schaghticoke 592

Senecas 63

Simons, John, 701

Six Nations, 7, 45, 62, 151, 155, 477, 488, 489, 504,
547, 555, 561, 564, 597, 683

Speen, Abigail, 122

Speen, Lydia, 655

of Stockbridge, 231, 272, 320, 326, 327, 328, 329, 330,
339, 454, 560, 584, 647, 682, 683, 684 bis

Tawney, Neso, 15, 16

Thomas, James 146, 280, 467

Titticut 147,280,467,718

Tom, Mary 597

Tuscaroras 63, 598

Twightwees, 683

Umpechena, 329

Waampton, Joseph, 52

Wampan, Patience 223

Wawenock, 426

Wedges, Elisabeth, 490

Western Indians 682

Wiser, Benjamin 42, 85, 668

Ingersole (see IngersoU).

IngersoU, David, 136, 418, 711

IngersoU, Moses 418

IngersoU, Thomas 105, 129

Ipswich, 22, 59, 103, 135, 190, 211, 228, 237, 265, 515, 558,

* 573, 638, 668, 700, 703, 720 bis, 721

Ipswich (Second Parish called Chebacco), 166,288,409,

438

Ipswich (South part), 582,703

Ireland, 66, 354, 355, 456

Jackson, John,

. 325

Jackson, Johnson,

Jackson, Joseph, .

. 664

Jacob, John, .

. 418

James, Isaac,

. 296

James, Richard, jr.,

. 465

Janosco, Amos (an Indian),

Jeffrey, , .

. 275

Jeffrey, James,

. 184

Jeffries, David,

. 608

Jeffries, .John,

371, 396

Jenkins, Abigail, .

. 218

Jenkins, Joseph, .

. 218

Jennings, Joseph,

. 211

Johnson, Benjamin,

226, 309, 332

Johnson, Daniel, .

. 554

Johnson, Ebenezer,

. 674

Johnson, Joel,

210, 218, 346

744

Index or ]N'ames.

Page

Jones, , . . o . . . • 328, 683

Jones, Abraham 10

Jones, Cornelius 475

Jones, Dearing 10

Jones, EUsha, 589

Jones, Ephraim 230, 299, 570

Jones, James, 580

Jones, John, . . 39, 70, 150, 267, 412, 539, 605, 640

Jones, Josiah 584

Jones, Mary, 34, 203

Jones, Thomas, 34, 203

Jordan, Capt. [Dominicus], . 27, 48, 122, 158, 207

Jordan, John, 365

Jordan, Capt. Samuel, 240

Joselyn, Josselyn, Josslyn (see Joslyn).

Joslyn, Henry 531

Joslyn, Joseph 523,675,679

Joslyn, Capt. Joseph 678

Justices of Superior Court, . 30, 173, 376, 482, 594, 708

It.

Kane, Terrence 276, 520

Kast, Philip Godfrid 632

Kast, Thomas, 632

Keen, Ebenezer, 441

Keffe, John 367

Keith, John 69

Keith, Josiah 118

Kekaquans, Hendrick (an Indian), . . . 481

Kellog, John, 587

Kellogg, Capt. 564

Kellogg, Ephraim 379

Kellogg, James, 580

Kellogg, Capt. Joseph 86, 87

Kellogg, Nathaniel 332, 338

Kendall, Ebenezer 419

Kendall, Hannah 419

Kendall, Mary 419

Kendall, Samuel, 419

Kennebec River, 158, 343, 722

Kennebunk, 417

Kennebunk River, 417

Kent, Capt. , 123,649,654

Kent, Benjamin, 45, 124

Kent, Capt. Benjamin, 671

Kent, DutUey, 124

Kent, Richard, 568

Kent, Capt. Samuel 124

Kent, William 418

Keyes, Capt. Solomon 124

Kidder, Francis 165

Kilby, Christopher, .... 183 bis, 184

Killingly (Connecticut), 91

Killlngslcy (see KilUngly).

King, Lieut. David 124, 129, 409

King, Henry, 472

King George, the First, 62, 187, 274, 292, 308, 310, 326,

382, 419, 428, 480, 493, 510, 583, 593, 604, 638, 700

King George, the Second, 66, 590, 641, 672, 702, 716, 730

King William 75

Kings Street 61, 446, 467

Kingston 575,633

Kinsman, John, 59

Klttery, 109, 410, 411, 478, 548, 578, 609, 663, 677, 720,

727

Kneeland, Solomon, 592

Knight, Grindal, 238

Knight, John, 238

Knowles, Admiral ■
Knowles, Samuel, .
Knox, William,
Kuncapot, Capt. —

Page

— , . . . . 343, 347

39, 145, 700

29S, 360

(an Indian) , 327, 328, 329, 454, 455

21, 366

Lakeman, Sylvanus,
Lakin, William, .
Lampson, Caleb, .
Lampson, Patience,
Lampson, Timothy,
Lampson, WilUam,
Lancaster,
Lancaster, Daniel,
Lane, Capt. John,
Larrabee, Capt. [Benjamin]
Larrabee, Lieut. John, 8, 101, 1

Lawrence, Maj. ,

Lawrence, Eleazer, jr.,
Lawrence, Elizabeth, ,
Lawrence, Jeremiah, .
Lawrence, John, .
Lawrence, Jonathan, .
Lawrence, Peleg, .
La^v^ence, Peter (an Indian),
Lawrence, Sarah (an Indian),
Lawrence, William, . . 105
LawTence, Maj. [William],
Lawrence, Zachariah, .
Le Baron, Lazarus,
Le Baron, Lydia, .
Lebosquoit, Lydia,
Leddell (see Liddell).
Ledyte, Benjamin,
Lee, Abner, .
Lee, Joseph, .

Leech, Capt. , .

Leed, Capt. , .

Leek's Farm,
Legalais, Capt. ,

21, 105,153, 198

419,

22
514, 550
. 524
. 462
. 462
. 133
642, 644, 658, 663

, 247, 311

21, 188, 198, 324, 389,
491, 602, 712
635, 641, 645, 717
. 81, 82
650, 651
. 577
650, 651
. 203
. 577
597 bis
. 597
178, 179, 293, 339
85, 213, 244, 393
178, 179
. 633
. 633
. 101

271,

362

3.51,

461,

426, 432

580, 631

. 468

. 552

. 243

. 362

. 615

352, 381, 514

146

219

631, 642, 645

553, 636

240

348
348
348
44,512
25,553

Leicester,

Leland, Caleb,

Leland's Farm,

Leominster, .

Leonard, Col. ,

Leonard, Ebenezer, jr.,

Leonard, Capt. Eliphalet,

Leonard, Elisabeth,

Leonard, Elkanah,

Leonard, Elkanah, jr. (guardian

Leonard, Ephraim,

Leonard, Col. [Epfiraim],

Leonard, George, 44, 120, 162, 170, 300, 304, 397, 521, 553,

636

Leonard, Capt. James, ... 253, 273, 298

Leonard, Jonas, 319

711

371

349

371

480

474

9, 76, 222, 441

350, 360, 379, 599

. 474

Leonard, Nathaniel,

Leonard, Silas,

Leonard, Simeon, .

Leonard, William,

Lcverett, Abigail,

Leverett, Knight, .

Lewis (son of Keheret Lewis) ,

Lewis, Ebenezer, .

Lewis, Ezekiel,

Lewis, Isaiah,

Lewis, Keheret, .

Index of Names.

745

Page
Lexington, ..... 411, 489, 504, 665, 667

Liddell, John 251, 280, 290, 362, 447

Liddell, Sarah 251, 280, 290, 362, 447

Lidius (see L ydius) .

Lincoln, Enoch 549

Liscomb, Lyscomb (see Luscomb).

Liscomb, Samuel, 39

Litchfield, 714

Lithgo, Capt. William, . . . 110, 430, 455

Lithgow (see Lithgo) .

Lithgow, Capt. 722

Little Compton 517

Little, Fobes, 517

Little, Isaac, 162, 399, 400, 414, 416

Little, Isaac, 181

Little, Lemuel 218

Little, Mary, 181

Little, Thomas 181

Little, Thomas (son of Thomas Little), . . 181

Littleton, 81, 247, 252

Livermore, Capt. 379

Livermore, Jonathan, 631

Livingstone, Phillip 66, 264

Lock, Daniel, 458

Lock, David 167

Lock, -James, 728

Lombard, Parker, 390

London, . . . .222, 250, 489, 541, .564, 6^3

Lord, Joseph 580, 581, 582, 715

Lord, Thomas, 22

Loring, Caleb, 202

Loring, David, 721

Loring, James 721

Loring, Jonathan, 128

Loring, Nicholas, 113, 199

Louisburg, 10, 65, 79, 129, 165, 190, 275, 276, 337, 343, 347,
359, 365, 399, 458, 505, .507, 593, 615, 702
Louisburg Expedition, 8 bis, 9, 11, 13, 14, 15 bis, 16, 36,
37, 38, 42, 48 bis, 49, 51, 56, 58, 88 bis, 91, 92, 103, 113,
114, 119, 125, 130 bis, 134 bis, 145 bis, 156, 161, 164 bis,
184, 186, 192, 197, 223, 228, 231, 232, 233, 238, 242, 246,
247, 277, 286, 293, 301, 311 bis, 319, 345, 346, 347, 355,
359, 367, 374, 384, 385, 398, 401, 420, 431, 435, 4.52, 471,
472, 490, 496, 498, 505, 515, 520, 584 bis, 587, 613, 652,
671, 723

Lovejoy, Hannah, 35

Lovejoy, Hezekiah 35

Lovel, , 342

Lovel, Benjamin 242, 385, 663

Lovett, Daniel 270, 271

Lovett, Phineas 270

Lovett, Samuel 270

Low, Samuel, 409

Lowder, John, 195

Luce, Peter 13

Lunenburg, 21, 60, 105, 108, 177, 206, 207, 375, 386, 414,

642, 645

Lunt, Josiah, 687

Luscomb, Robert 434, 581, 718

Luther, Hezekiah, 249

Lydius, Col. 592

Lydius, John Henry, 79

Lydstone, John, 478, 578, 727

Lyman, , 641

Lyman, Capt. , 133

Lyman, Joseph, 157

Lyman, Phineas 162

Lyndon (see Lincoln).

Lynde, Benjamin, . 295, 552, 634, 694, 695, 706, 707

Lynn,

Lyon, ,

Lyon, Jabez,

Page
27, 248, 356, 465, 570, 590, 699, 700, 726

706

m:.

Macfarlain, John (seeMcFarlin).
Mackeney (see McKenny).

Mackmasters, James, 421

Maine (Province of) 451

Makepiece, John 465

Makepiece, Mary, 465

Maiden, 273, 335, 460, 506

Mamataug, Sarah (an Indian), .... 520

Man, .Jeremiah 181

Man, Peletiah 389

Manchester, Edward, . . .16, 186, 345, 496, 729
Marblehead, . . 25, 290, 313, 361, 416, 465, 498, 515

March, Ebenezer, 19

March, Thomas, 664

Marcy, Capt. Moses 706

Mariot, Powers 692

Marlborough, . . . 128, 148, 212, 361, 462, 697

Marsh, Elisha 437

Marshfleld, 206, 219, 662

Marston, John 682

Martha's Vineyard, ... 31 bis, 32, 39, 52, 53

Martin, John, 472

Martyn, Nathaniel, 454

Mary, the ship 61

Maryland, Province of , . . . 7, 65, 540, 541
Mashpee, . . . . . . . 39, 52, 694

Mashpee Indians, 524

Mason, Charles, 531

Mason, Capt. John 244

Mason, Thaddeus, 171

Massachusetts Bay, Province of, 62, 63, 64, 65, 76, 155,

236, 3.58, 423, 425, 592, 609, 611, 613, 614, 617, 619, 621,

623, 641, 660, 672, 685, 692, 693, 713, 723, 725, 729

Massachusetts Frigate, 31, 45, 127, 129, 160, 191, 209,

287, 354, 3,58, 374, 429, 455, 472, 498, 555, 562, 569, 606

Massachusetts Hall, . . 94, 174, 377, 482, 595, 708

Massachusetts, the sloop, . . 149, 151, 431, 568

Massakeset Indians (see Mattakeeset Indians) .

Masters, Philip, .

Mattakeeset Indians,
Matthews, John, .
Maxey, Ebenezer,
Maxey, Mary,
May, John, jr.,

Mayhew, Col. ,

Mayhew, Payne, .
Mayhew, Zaccbeus,
Maynard, Daniel,
McClesson, James,
McClintock, James,
McDaniel, Hugh, .
McFarlin, John, .
McGregory, .
McHard, James, .
McKany, Daniel, .
McKenny, .John, .
McKenny, Robert,
Mead, Israel,
Mead, Sarah,
Medfleld,
Medford,
Medway,
MeUen, Dr. John,

11,

13,

20, 106, 128, 159, 201, 226,

. 193

. 718

447, 469

. 242

. 154

554, 636

27, 554, 636

, 39, 162, 184, 718

547

133

526
54
579
211
246
365
366
667
667
106, 250, 276
306, 383, 384
304, 305, 591
116

746

Index of Kames.

Page

Mellen, Thomas, 232

Melvin, Capt. Eleazer, 72, 85, 107, 170, 182, 183, 185,

276, 283, 463

Mendon 10, 201, 289, 444

Merrick, Ezra 233

Merriconeag Neck, 269

Merrhnac River, 21

Merritt, Elizabeth, 419

Merritt, Jonathan, 419

Metcalf , John 159,304

Metcalf, Samuel 186

Metlmen, 15,413,592

Middleborough, 29, 89, 54, 98, 120, 167, 214, 232, 233,
280, 300, 317, 348, 349, 368, 392, 430, 441, 467, 554,
557, 589, 590, 593, 631, 667, 701, 722
Middlesex County, 24, 26, 34, 50, 67, 79, 81, 82, 87, 101,
107, 108, 118, 162, 165, 171, 188, 191, 210, 216 bis, 223,
224, 226 bis, 244, 248, 251, 252, 273, 278, 281, 282, 289,
292, 293, 299, 306, 308, 309 bis, 325, 333, 361, 382,
383 bis, 384, 387, 411, 426 bis, 435, 436, 437, 439, 450,
457 bis, 458, 460, 462 bis, 464, 469, 470, 489, 493, 504,
512, 514, 525, 549, 552, 568, 571, 576, 578, 635, 638,
651 bis, 656, 661 bis, 665, 667, 674, 676, 679, 681, 697,
706, 714, 727

Middleton 673,719

Middleto\STi (Connecticut), . . . 64,68,70,72

Miles' Bridge, 248

Miles, Margaret, 333

Miles, Thomas, 333

Mill River, 153

MiUer, Col. 379

Miller, [John], 39

Miller, John (of Middleborough), . . . 280

Miller, Capt. John 700

Miller, Joseph, 105,372

Miller, Robert, 145

Miller, Samuel, . . . 25, 26, 39, 243, 623, 638
Millers River, 516, 548, 551, 574, 603 bis, 642, 644, 688
Millin («ee Mellen).

Mills, Isaac, 527

Mills, Samuel, 527

Mills, William, 527

Milton 721

Minor, Clement, 23

Minot, Christopher 79, 82

Minot, James, 67, 116, 196, 201, 202, 226, 380, 492, 497,

516, 592, 645, 724

Minot, Timothy 710

Minot's Wharf, Boston, 104

Miriam, Isaac, 383

Mitchell, Benjamin 669

MitcheU, Edward, 467

Mitchell, John, 417

Moffat, Joseph 375,421

IVIoffat, Robert, 19, 59, 217, 440

Moffat, William 19

Mohawks, . . 63,450,451,563,564,569,647,648

Mohican Tribe (Indians), 15

Moliigan Tribe (see Mohican Tribe).

■Montague, Capt. 723

IMoody, Capt. , 374

INIoody, Samuel 520

Moor, William, 578

Moreton (see Morton) .

Morey, INIoses 9

Morgan, Rachel 17, 78

Morrison, Hugh 104

Morrison's Blockhouse 108

Morse, David, .... 131, 158, 212, 294

Morse, Eli, .

Morse, John,

Morse, Samuel,

Morse, Uriah,

Morton, Briant,

Morton, Nathan, .

Morton, Richard, .

Morton, Samuel, .

Moseley, David, .

Mosely (see Moseley) .

Moulton, Jeremiah, 26, 83, 143, 162,

Moulton, Jeremiah, jr.,
Moulton, Capt. Jeremiah,
Moulton, Col. Jeremiah,
Mousam River,
Munroe, Thomas, .
Murdock, Benjamin,
Murray, Joseph, .
Muzzy, Amos,
Muzzy, Esther,
Myles (see Miles).

Page

58, 308, 332

239, 250

591

441

580
580
508, 672

70, 410, 427, 545,
.553, 640
. 653
. 652
. 396
. 417
469, 570, 674
. 466
66
. 665
. 665

IV.

Nantucket,
Nantucket County,
Nantucket Indians,
Nantucket Island,
Nantucket, the sloop.

11, 26, 39, 43, 44, 53, 270, 571, 572

162, 223, 5.T4, 687

11, 26, 53, 270, 571

Narragansett Township Number One, . 480, 679

Narragansett Township Number Two, 21, 73, 105, 108,

153, 198, 362, 367, 392, 393, 437, 438, 461, 622, 642, 644

Narragansett Township Number Four, . . 284

Nash, John, 705

Nash, Phineas, 14

Natick, 17, 39, 42, 85, 120, 122, 131, 146, 158, 212, 213, 239,

294, 295, 811, 840, 341 bis, 842, 363, 368, 383, 428,

429 bis, 442, 443, 490, 49.5, 496, 597, 655, 668, 704, 726

Natick Indians, 39, 85, 122, 341 bis, 342, 368, 495, 496,

597, 655, 704, 726
Needham, . . 17, 294, 387, 413, 442, 448, 503, 527

Nelson, Aaron 375, 421, 440

Nelson, Nathaniel, 345

Nelson, Paschal 55

Nelson, Temple 55

Nepiskog 21

Neponset River 594, 633

Newbury, 211, 299, 310, 835, 386, 394, 424, 471, -568, 571, 687

Newell, Capt. Andrew, 50

Newell, Eunice, 50

Newfoundland, 205,498

Newhall, Capt. 281, 465, 634

Newmarch, Rev. John, 411

Newport 149, 522

Newton 450, 693

Newton, Elisabeth, 361

Newton, Joseph, jr. 361

New Braintree, District of, . 440, 453, 475, 518, 653, 680

New England, 294, 843, 442, 489, 609, 611, 618, 614, 617,

619, 621, 623, 685, 723

New Hampshire, 7, 24, 85, 64, 65, 96, 166, 204, 216, 244,

245, 821, 843, 347, 369, 370, 394, 519, 541, 592, 713

New Hampton 108, 1.52, 323

New Jersey, 7,-55,6.5,402

New Marblehead, . 51, 109, 168, 234, 235, 264, 300

New Marlborough 112

New Meadow, 109

New Plymouth (Colony of), . • 347,423,425
New Rutland 153

Index of [N^ames.

747

Page

New Salem, 104, 108, 323, 459, 550, 574, 642, 645, 680, 681

New Sherburn, 368

New Township called Number One near Hou-

eatonic, 661

New York, 7, 27, 37, 38, 45, 62, 63, 64, 65, 66, 68, 70, 77,
151 bis, 159, 320, 451, 452, 548, 619, 660, 694, 725

New York City, 62, 66

Nichewoag (Petersham), ... 73, 105, 153

Nichols, Capt. Alexander, 434

Nichols, Ebenezer 506

Nichols, Jaazaniah, 418

Nichols, William 278

Nicoll, W. 66

Nims, Ebenezer, 315

Nims, Elisha, 315

Nims, Jeremiah, 105

Nismes (see Nims) .

Noble, Capt. James, 38

Noble, Lazarus, 669

Norridgewalk (seeNorridgewock).

Norridgewock Indians, . . . 284, 391, 511

North America 62, 64, 66

Northampton 41, :i39, 546, 640, 680

Northfleld, 21, 38, 51, 97, 108, 122, 123, 152, 168, 240, 243,

244, 276 bis, 323
North Town or Turkey Hills, .... 244
North Yarmouth, . 41, 51, 109, 113, 264, 269, 560, 728

Norton 338, 465, 512, 575, 711

Norton, Capt. - — 554, 636

Norton, John 87, 162, 278, 279

Norton, Nicholas 718

Norton, Tliomas, 123

Norwood, Zaccheus, 699

Nottingham 12, 282, 283, 714

Nova Scotia 498

Nowell, George, 221

Nowell, Lydia, 221

Nowell, Zachariah 221

Noyce (seeNoyes).

Noyes, Dr. Belcher 96, 180

Noyes, John, 131

Noyes, Moses, jr. 687

Number Four 410, 707

Nutt, Abraham, 580

Nye, Isaac 507

Old Town Ferry 386

Oliver, Andrew, 39, 57, 110, 151, 172, 196, 200, 252, 350,
439, 451, 471, 501, 508, 518, 522, 548, 599 bis, 617, 621,
645, 649, 654, 659, 674, 682, 690, 694, 724

OUver, Cromwell, 40, 88, 89

Oliver, Nathaniel, 356

Oliver, [Nathaniel, jr.], 470

Oliver, Peter, 392, 430, 718

Oliver, Robert 78, 82

Oliver, William 580

Oneida Indians, 63

Onendaga Indians, 63

Onienta Indians 598

Osborne, J., 692, 693

Osborne, John, 57, 125, 132, 159, 161, 172, 173, 200, 232,
350, 471, 518, 599, 008 bis, 649, 717

Osgood, Benjamin 281

Osgood, David, 34, 281

Osgood, Elisabeth 281, 282

Otis, Col. , 200, 242, 385, 393, 439, 500, 543, 553, 636,

649, 654 bis, 682, 693, 696, 698, 706

Page

Otis, James 39, 162, 319, 390, 402, 497

Otis, Col. James, 189

Otis, John 160, 162, 173, 553, 636

Otter Creek, 89

Oulton,John, 293,360

Oulton, Capt. John, 556, 657

Overing, Henrietta, 698, 699

Overing, Johu 698

Oxford, . . . . . 69, 206, 289, 851, 415, 589

Page, Jonathan 461

Page, Thomas 649

Pain (see Payne).

Palmer . .637

Palmer, Eliakim 250, 541

Palmer, John 247, 313

Palmer, Mary 247

Pannel, Archibald 105

Paquoiag, Paquig, Paquoig, Pequiog, Pequoag

(see Payquage).
Parker, Caleb 714

Parker, Grace,
Parker, Isaac,
Parker, Joseph, .

Partridge, Col. ,

Partridge, Oliver, 27, 66, 67,

331, 622

91, 228, 331
. 309
. 552
104, 241, 263, 329, 455,

58
294, 442
. 121
. 559
. 695
. 668

509, 546, 547, 585, 602, 635, 647

Passmore, Roger, 68

Patterson, William 313

Payne, Eunice, ^ . . 114

Payne, John, 622

Payne, Samuel, 195

Payne, Thomas 114, 215, 249, 297

Payquage, 51, 73, 105, 108, 459, 574, 580, 581, 582, 631, 644,

663, 715, 716
Payquage Hill,
Payson, Ephi-aim,

Pea body. Rev. ,

Peabody, Jacob, .

Peabody, Matthew,

Peabody, William,

Pegan, Joseph (an Indian),

Pegan, Martha (an Indian),

Peirce (see Pierce) .

Pemaquid, . . . 51,-54,264,291,334,374,598

Pemaquid Fort (see Fort Frederick) .

Pembroke, 15, 39, 219, 675

Pembrook (see Pembroke) .
Penniman, .lames,
Penniman, -loanna,
Penniman, Joseph,
Penniman, Mary, .
Penniman, William,
Penniman, William Rand,
Pennsylvania,
Penny man (see Penniman).
Penobscot,
Penobscot Indians,
Pepper, Joseph, .
Pepperrell, Sir William,
Perkins, Joseph, .
Perkins, Mark,
Perkins, Mary,
Perkins, William,
Perry, John, .
Petame, John,
Peters, Moses,

447
447
275
447
53,83
447
7,65

42, 474
284, 391, 511
. 440
67, 238, 677, 719
. 573
. 230
. 291
. 207
. 352
. 429
. ISO

748

Index of Najnies.

Page

341, 485,
, 57, 168,

Pettibone, Samuel,

Phillips, James, .

Phillips, John, . . • 119

Phillipstown,

Phinney, Edmund,

Phlnney, Icliabod,

Phinney, John,

Phips, Katharine, .

Phips, Mary, .

Phips, Samuel,

Phips, Solomon, .

Phips, Spencer,

Phips, Spencer (Lieutenant-Governor),
331, 334, 337, 343, 357, 360, 382,
434 bis, U.'), 450, 451, 455, 456,
500, 507, 508, 510, 511, 517, 527, 540, 543, 544, 547,
555 bis, 565, 567, 568, 572, 592, 596, 604, 624, 643, 646,
683, 686, 690, 693, 707 bis, 712, 719, 723,

Pickard, Francis, .

Pickard, Jonathan,

Pickering, Rev. ,

Pierce, Benjamin, .
Pierce, Charles,
Pierce, Daniel,
Pierce, James,
Pierce, John, .
Pierce, Joseph,

Pierce, Dr. Joseph,

Pierce, Samuel,

Pierce, Susanna, .

Pierpoint, Ebenezer,

Pierpoint, Ebenezer, jr,

Pierpoint, Robert,

Pierson, ,

Pierson, Capt. Moses,

Pigeon Hill, .

Pigwacket Indians,

Pike, Jacob, .

Pitts, James, .

Pixley, David,

Plaisted, Capt. ,

Plaisted, Elisha, .

Plaisted, Joseph, .

Plymouth, 39, 92, 154, 236, 244, 300,

Plymouth, Colony of,

Plymouth County, 43, 49, 92, 102,
236, 280, 284, 300, 308, 340, 348
433, 449, 490, 511, 513, 517, 539,
582, 588, 605, 633, 635, 639, 648,
679, 687

Plympton

Poignot, Eleazar (an Indian),

Pollard, Benjamin,

Pompey (a negro),

Pomroy, Benjamin,

Pomroy, Maj. Seth,

Pond, David,

Pond, Ezra, .

Pontoocook, .

Poole, Samuel,

Porter, Capt. ,

Porter, Col. , . 509, 522, 548,

Porter, Benjamin,

Porter, Eleazer,

Porter, John,

Portsmouth, .

Portsmouth Ferry,

Powell, Jeremiah, . 41,113

Powers, David,

387, 396 bi
459, 474

596, 599, 710

64, 434, 578

. 511

. 235

. 592

. 187

187, 592

. 187

7, 318, 324,

s, 426, 432,

484, 492, 496,

190,

273,

190

288

441

687

78, 687

48, 119, 228

465, 466

. 415

. 245

. 351

. 676

. 374

300, 374, 400

. 583

9, 359, 402

. 203

397, 398

. 133

636, 644

. 237

. 499

, 414, 517, 633, 669, 678

149, 155

162, 169, 188, 210, 219,

bis, 399, 414, 423, 42.5,

553, 554, 566, 575, 576,

650, 668, 675 bis, 678,

219, 464, 505, 507, 582
. 368

179, 686
. 113
. 374

156, 157
. 444

226, 304
. 264

506, 603
. 649

6.54, 660

425, 486

552,

635, 647
217

16, 19, 67, 104, 151

. 177

147, 183, 245

. 411

199, 235, 344, 345, 662

ratt)

Powers, Ephraim,

Powers, John,

Fowit, Joseph (an Indian),

Pratt, , .

Pratt, Amos, .

Pratt, Amos (son of Anna P

Pratt, Anna, .

Pratt, Benjamin, .

Pratt, Jesse, .

Pratt, Phineas,

Pratt, Thomas,

Pray, Samuel,

Prentice, John (grandson).

Prentice, Rev. John, .

Prentice, Mary,

Prentice, Samuel, .

Prentice, Solomon,

Prentice, Thomas,

Prescott, ,

Prescott, Ann,
Prescott, Benjamin,
Prescott, Benjamin, jr.,
Prescott, John,
Prescott, Jonathan,
Prescott, William,

Preston

Price, Keziah,

Priest, Eleazer,

Priest, Joseph,

Prince, Jane,

Prince, Job, .

Prince, Joseph,

Prince, Moses,

Prince, Thomas, .

Printer, INIartha (an Indian),

Printer, Sarah (an Indian),

Proctor (see Porter).

Proctor, Ebenezer,

Proctor, Elisabeth,

Proctor, James,

Proctor, Joseph, .

Pi-out, Ebenezer, .

Prout, Timothy, .

Province Sloop,

Provincetown,

Pullen Point,

Puncapaug Indians,

Purchase Street, near Fort Hill,

Putnam, Asa,

Putnam, Edmund,

Putnam, James, .

Putnam, Seth,

Putnam, Seth (son of Seth Putnam),

188, 459,

Page

247
516
52
437
114
292
292
371
69
&59
130
720
366
366
366
366
516
414
247

252, 382
252
172

252, 382
197
577
409
322

293, 339

293, 339
102
716
286
102
234
189

641, 642

Boston,

714

632

216

274

134,192

648

452

87, 520, 638
194
84
299
706
48
48

Pynchon, Joseph,

. 162, 489, 519, 567, 569

Quaab, Paul (an Indian) 270

Quaban (see Quabin) .

Quabin 284, 285

Quabin, Paul (an Indian) 11

Quakers, 51 bis

Quebec 29, 30, 32, 33, 35, 161

Quebeck (see Quebec).

Queen Mary 75

Quequals (see Kekaquans).

Quincy, John, 86, 87, 98, 159, 160, 168, 169, 218, 349, 359,
370, 432, 445, 4.52, 454, 492, 510, 511, 694, 696, 698, 705
Quolbin (see Quabin) .

Index of Names.

749

-R.

5'22,

Page
254, 266, 385, 4o8
. 112
. 447
196, 301, 355
. 172

249
105
421
172

172

201

G61

33,78

566,

226, 505, 506
. 416
. 651
. 470
. 232

567, 722, 723
. 517
. 124
. 123

Rainsford Island, .

Rainsford, Nathan,

Rfind, William,

Rand, Dr. William,

Rjindall, John,

Randall, Jonathan,

Ransford, Solomon,

Read, John, .

Read, Josiah,

Read, Sarah, .

Read, William (of Rochester),

Read, William (of Sudburj),

Read, Capt. [William],

Read, William (see William Rice).

Reading, ....

Reddian, Charles,

Reed, Capt. Benjamin,

Reed, Huldah,

Reed, Capt. Thomas, .

Rehoboth, . . 148, 397, 44'

Rehoboth North Purchase, .

Remington, Jonathan, .

Remington, Susanna, .

Rhode Island, 7, 24, 25, 65, 96, 166, 208, 229, 248, 297, 319,

333, 347, 367, 369, 370, 389, 390, 439, 460, 508, 522,

531, 706

Rice, Aaron 577

Rice, Eleazer 28, 117

Rice, Jesse 547

Rice, Josiah 390

Rice, Moses, 117, 658, 659

Rice, Seth, 28

Rice, Tyrus 10

Rice, William 503, 661

Rich, Peter, 121, 373

Richards, Col. , ... 654, 696, 698, 705

Richards, Eleazer, 464

Richards, Joseph, 39, 492

Richards, Col. [Joseph], . . . .9, 116, 135

Richardson, Capt. , . . . 21.5, 231, 312

Richardson, Abie! 251

Richardson, Benjamin, 438

Richardson, Edward, 667

Richardson, Isaac, 438

Richardson, John, 725

Richardson, Joseph 209

Richardson, Nathaniel, 273

Richardson, Nathaniel 209, 223

Richardson, Seth 312

Richardson, William, .... 201, 304, 305
Richardson, Capt. William, . . 162, 231, 620

Richmond 298, 674

Richmond Fort, 50, 51, 109, 168, 264, 284, 291, 334, 342,
423, 430, 455, 598, 643, 722

Richmond, Sylvester, 402, 525

Rider, Benjamin 154

Rider, Ezekiel, 154

Righley, Edward, 43

Ring, Moses, 113

Ripley, John, 210

Ripley, William, 210

Road Town, . . .104, 108, 323, 501, 516, ,548, 591

Roberts, Col. , 77

Rollins, Ebenezer, 530

Robins, John, 208, 531

Robins, Joseph, 277, 288

Robinson, Capt. Ebenezer 120

Robinson, Jacob, 559

Page

Robinson, Joseph, 322

Robinson, Moses . 131

Robinson, Noah 531

Roby, Rachel 632

Rochester, . . .38, 54, 55, 57, 201, 401, 441, 449

Rocket, .loseph, jr 303

Rockwood, Benjamin, 159

Rogers, Rev. John 425, 486

Rolfe, Jonathan, 178, 642

Rolfe, Nathaniel, 713

Roller, , 452

Ross, Seth 469

Ross, Seth, jr. 674

Rouse, Rachel 526

Row, Joseph, 240

Rowell, Thomas 162

Rowley, .
Roxbury,
Royal, Elisabeth, .
Royal, Isaac, .
Royal, Col. [Isaac],
Royal's River,
Ruby, Elizabeth, .
Ruddock, John,

Ruggles, Capt. ,

Ruggles, Benjamin,
Ruggles, Capt. John, .
Ruggles, Katheriue,
Ruggles, Capt. Timothy,
Russell, , .

135, 307, 481, 703
206, 241, 351, 401, 431, 453, 556, 725

78, 82, 135, 530, 680, 688, 701
507, 552, 600

16, 17

44, 45

565, 624

. 641, 649, 654 Ms, 660, 682

577,631,6.32

286

400, 470

Russell, Judge, 502, 516, 522, 529, 543, 552, 600, 654, 674,

693, 706

Russell, Daniel, 26, 165, 278, 437, 471, 549, 599, 610, 612,

613, 615, 617, 620, 622, 623, 638, 649, 686, 695, 724

Russell, Eleazer,
RusseU, [James],

Russell, James,
Russell, Jeremiah Condy,
Russell, .John,
Russell, .John, jr., .
Russell, Dr. .John,
Russell, .Jonathan,
Russell, JoseiJh, .
Russell, Lydia,
Russell, Thomas, .
Russell, William, .
Rutland, . 234, 27
Ry ley's Brook,

665

49, 57, 12.5, 162, 172, 200, 359, 369,
492

248
653

653
713
51

653

249, 449, 493, 653

449, 493

. 653

2, 305, 334, 440, 577, 578, 579, 680

546

Saccarappa, . " 109

Saco 322

Saco (blockhouse and truckhouse), 168, 264, 291, 334,

423, 598, 719

451

124

721

Saco River, .
Sadler, John,
Sadley, Samuel, .
Safford, John,
Saffry, Solomon, .
St. Croix,

St. Francois Indians,
St. George's River, 16,

17, 51, 109, 119, 387

451
342, 511, 707
, 51, 109, 110, 131, 168, 264, 284, 291,
298, 320, 334, 391, 420, 423, 485, 506, 544, 567, 598,
643, 674

St. Lawrence, Joseph 278

St. Lawrence River 64, 65, 67

Sale, John, 375

750

Index of ^ames.

Page
Salem, 52, 58, 84, 164, 177, 204, 209, 237, 239, 275, 290, 299,
313, 363, 371, 394, 395, 420, 421, 428, 432, 435, 472, 486,
487, 558, 561, 562, 573, 574, 586, 600, 645, 660, 670

Salisbury 622, 720

Salisbury, Ebenezer, 525

Salisbury, Ephraim 531

Salmon Falls Kiver 238

Salmon FaUs, 51, 168

Salstonsal (see Saltonstall) .

Salter, William 393

SaltonstaU, Richard 160, 168, 491

Sanders (see Saunders) .

Sandwich, 39, 106, 203

Saratoga, 67

Sarettoga (see Saratoga) .

Sargent, 6a3

Sargent, Mrs. Abigail 524, 564

Sargent, Daniel 335

Sargent, [Rev. John] 327,454,524

Sartel, Sartle, Sawtell (see Sartell) .

Sartell, Josiah 118, 241

Sartell, Obadiah 364

Sartell, Simon, 364

Sauen (see Sawin) .

Saunders, Capt. , 391

Saunders, John, 115

Saunders, Capt. Thomas, . . 354, 359, 431, 568

Savage, Arthur 318, 602

Savage, James, 727

Savage, Rachel 318

SaveU, John, 478

Sawin, Johu, 131, 383

Sawin, Thomas 239

Sawyer, James 117

Scammon, Humphrey, 663

Scarborough, . . . 109, 158, 305, 365, 648, 702

Schaghticoke Indians 592

Scipmuch 546

Scituate 219, 566, 650, 675

Scott, Joseph 352

Scott, Moses, 352

Scott, Stephen, .' 352

Scottow, Joshua, 101

Sears, Lydia, 510

Sears, Rowland 510

Sears, Seth, 510

Sears, Seth (son of Seth Sears) 510

Sebago Pond 353, 400

Sebaskadegon (see Great Sebasco Began
Islands).

Sebouset, 474

Seers (see Sears).

Seneca Indians, 63

Sergeant (see Sargent).

Sever, Nicholas, 5I3

Sever, Robert, 225

Sewall, Elizabeth, 428

Sewall, Jonathan, 428

Sewall, Mary 428

Sewall, Mitchel, 428

Sewall, Stephen, .... 491, 674, 706, 712

Shattuck, Samuel, I05

Shaw, Francis 208

Shaw, Sarah, 208

Sheaf, Capt. 649, 654, 693, 717

Shed, John, 177

Sheeffe (see Sheaf).

Shcepscott 44, 109, 434, 444, 717

Sheffield, . . 329, 418, 476, 488, 504, 503, 683, 698

Pagb

Shelden, Ebenezer, 585

Sheldon, Aaron, 123, 124

Sheldon, Benjamin 522

Sheldon, Jonathan 104

Shepard, Jacob, 352

Shepard, John, 638

Shepard, Capt. Johu, 39

Shepherd, Sheppard (see Shepard).

Sheple, John, 550

Sheple, Capt. John 117

Sheple, Jonathan, lis

Sheple, Lydia 118

Sheple, William, lis

Shepley, John 514

Sherburn (Middlesex County), . .34,131,146,311

Sherburn (Nantucket County) 11

Sherman, Abraham 324

Sherman, Ephraim 641

Sherman, John 637

Sherman, Nathaniel, 641

Shillaber, Sarah 363

Shillaber, William 363

Shirley, William, (Governor of Massachusetts), 7,
16 bis, 17, 21, 23, 24, 30, 33, 43, 45, 50, 51, 53, 56, 68,
75, 89, 90, 91, 108, 127, 151 bis, 156, 157, 161, 163, 165,
168, 176, 182, 223 bis, 240, 250, 253, 263, 264, 276, 287,
291, 296, 557, 610, 612, 614, 615, 620, 622

Short, Glover

. 502

Showers, Nathaniel,

. 371

Shrewsbury

307, 367, 381, 461

Shurtleff, Barnabas,

. 464, 507

Shuttleworth, Ebenezer,

. 181

Sibley, Jonathan, ....

. 310

Sibley, Joseph, ....

. 310

Simons, Aaron

. 233

Simons, John (an Indian), .

. 701

Simpson, Daniel, ....

416, 417

Simsbury (Connecticut),

Six Nations, 7, 45, 62, 151, 155, 477, 488,

504, 547, 555, 561,

564, 567, 597, 683

Slade, Edward

. 249

Slate Stone Brook,

. 550

Slead, William

. 566

Sloan, James, ....

. 576

Smead, Daniel, ....

39, :K2

Smead, John,

39, 352, 580

Smead, John (son of .John Smead),

39, 352

Smead, .Joseph, ....

. 105

Smeed (see Smead) .

Smith Pond

. 506

Smith, Adam, ....

. 681

Smith, Cooley

Smith, Dorcas

. 381

Smith, Ephraim, ....

. .580

Smith, James, ....

381, 649

Smith, John

193, 194

Smith, Mary,

. 669

Smith, Nathaniel

. 697

Smith, Oliver

. 669

Smith, Phineas

. 146

Smith, Richmond, . . . .

. 446

Smith, Samuel,

Smith, Solomon

. 531

Smith, Stephen,

Smith, Walter

164, 198

Smith, Zoheth

Snelling, .John

. 128

Snelling, Jonathan, . . . .

. 128

Index of JN^ames.

751

Page

Snelling, Joseph, 128

Snelling, Thomas, 128

Snow, John 71, 02

Snowden (see Snow).

Sole, Capt. >fathaniel 186, 345

Somers 76, 337, 588

Southborough 305, 651

Southerick (see South wick).

Southwick, Benjamin, .398

Southwick, Sarah 398

Spafford, John, 217

Sparhawk, Nathaniel, 526

Spaulding, Abigail, 656

Spaulding, Simeon 656

Spaulding, Zechariah, 714

Spear, David, 311

Spear, John, 311

Speen, Abigail (an Indian), .... 122

Speen, Lydia (an Indian), 655

Spooner, Ebenezer, 440

Sprague, Alden, 449

Sprague, Noah 8

Sprague, Capt. Noah, 449

Spring, Thomas, 457

Springfield, 17, 36, 78, 105, 296, 306, 336, 337, 372, 375, 379,

448, 475, 509, 545

Spurr, Capt. 159

Spurr, Capt. Robert, 593

Stacey, John, 25

Stacey, Mary 25

Stacey, Samuel, 25

Stanet, William, 313

Stanhope, Jonathan, . . 115,265,391,503,655

Staniford, John 22

Stanning, John 57

Stanwood, David, 36

Stanwood, Job 8, 114, 233

Stearns, Thomas, 440

Stearns, Timothy 362

Stebbins, John, 104

Steel, , 6.35

Steel, John 55, 333

Steel, Capt. John 61

Steel, Mary, 55

Stephens (see Stevens) .
Sternes, Sterns (see Stearns).

Stetson, James 519

Stevens, Capt. , . . . .34, 302, 34,5, 707

Stevens, Henry, jr., 332

Stevens, Capt. John, . . . .19, 136, 208, 244
Stevens, Capt. Phiueas, 28, 185, 345, 373, 41.5, 513, 579

Stevens, Samuel 126, 431, 453, 454

Stevens, William, 54, 205

Stewart, William 526

Stickney, William, 505, .519

Stockbridge, 105, 108, 272, 320, 326, 329, 330, 339, 451, 454,

455, 481, 488, 504, 524, 560, 561, 569, 584, 592, 597,

647 bis, 683, 684 ter

Stockbridge, David,

505, .553

Stockwell, John, .

. 310

Stoddard, John, .

7, 151, 157, 264, 265, 267

Stoddard, Col. [John], .

. 7, 182, 305, 481

Stoddard, Mrs. Prudence,

. 265

Stoddard, William,

. 521

Stodder, Jeremiah,

. 123

Stone, Esther,

. 461, 631

Stone, Robert,

Stone, Samuel,

. 470

Stone, Simon,

Stoneham,

Stonington (Connecticut),

Storer, Col. , .

Storer, John,
Storey, Jacob,

Page

. 461
81, .505, 506
23
. 373
162, 394
. 288

Storey, Seth 288

Storey, William, 689

Stoughton, . . 39, 309, 319, 465, 517, 530, 649, 701

Stover, Capt. John 269

Stow, 706

Stratton, Jabez, 146

Sturbridge 415, 668

Success, the ship 568

Sudbury, 391, 503, 655, 661

Suffield, .... 76, 78, 124, 126, 250, 337, 588

Suffolk County, 11, 12, 13, 34, 40, 44, 46, 47, 53, 54, 55,
61, 62, 68, 71, 73, 82, 83, 88, 102, 104, 106, 107, 110,
111, 114, 128, 149, 150 bis, 161, 164, 166, 179, 193,
195 bis, 196, 197, 206, 209, 21.5, 222 64s, 251, 273, 274,
278, 286, 292, 293, 297, 303, 308, 309, 318, 319, 321,
333, 335, 336, 355, 360, 371, 387, 397, 419, 423, 42.5,
436, 438, 441, 443 bis, 444, 446 bis, 447, 454, 467, 480,
494, 503, 519, 525, .526, 527 bis, 528, 529, 551, 556, 562,
564, 565, 576, 586, 591, 593, 594, 599, 604, 605, 632,
633, 634, 646, 647, 648, 650, 653, 656, 666, 670, 676,
677, 680, 682, 689, 699, 705, 706, 716, 725

Sumner, Ebenezer 401

Sumner, Edward,

Sumner, John,

Sumner, Seth,

Sunderland, .

Susquehanna River,

Sutton, .

Sutton, William, .

Swallow, John,

Swan, Margaret, .

Swan, Robert,

Swansea,

Swanzey (see Swansea)

Sweat, Benjamin, .

Sweet, Jabez,

Sweet, Thomas,

Sweetland, John, .

Sweetman, Thomas,

Swift, Solomon,

Swift, Thomas,

Swift, William, .

Symmes, Thomas,

Symmes, Capt. William,

Symonds, Benjamin,

Symsberry (see Simsbury).

90, 165,

24, 245,

. 401
39, 162
. 113

104, 338, 519, 550, 551, 603 bis
597, 598
180, 218, 219, 310, 700
. 720
12, 245
. 444
. 592
248, 249, 530, 531, 566

97
228
531
.531
420
654
721
106
717

20
314

Taft, Israel 669

Taft, Israel, jr., 669

Taft, Capt. Robert 289

Tailor (see Taylor) .

Tainter, Benjamin 199

TarbeU, WilUam, 178

Tarrant, Alexander, . . 49, 130, 184, 275, 420, 472
Taunton, 55, 99, 111, 170, 253, 371, 439, 466, 469, 493, 523,

525, 655

Taunton North Purchase 517, 543

Tawney, Neso (an Indian) 15, 16

Taylor, Ezra 651

Taylor, Jesse 105

Taylor, John, 147

752

Index of Names.

Page

Taylor, Othuiel, . . . .

. 243

Taylor, Thomas

176, 204, 234, 315

Taylor's Pasture

. 506

Tayton, Samuel, . . . •

. 714

Temple, Abraham,

. 642

Temple, Thomas, . . . .

. 104

Tenney, Samuel

. SI, 82

Terrant (.fee Tarrant) .

Terrey (.see Ferry) .

Terry, Ebenezer

. 242, 269

Terry, Samuel

. 546

Terry, Thomas, . . . .

. 546

Tevvksbury

. 657

Thacher, Maj, Joseph,

162, 477

Tharla, Richard

. 238

Thatcher (see Thacher) .

Thaxter, Col. Samuel, .

150, 155

Thayer, John, . . . .

. 425

Thomas, James (an Indian),

146, 280, 349, 467

Thomas, John, . . . .

. 280

Thomas, Sarah,

. 443

Thomas, William,

294, 295, 442

Thomas, AVilliam, (an Indian), .

. 342

Thompson, Caleb,

. 368

Thompson, Noah, .

. 238

Thompson, Simon,

. 283

Thomson,

Thorn, William, .

145, 428

Thorndike, John, jr., .

. 570

Thorndyke (see Thorndike).

Tidmarsh, Gyles du Lake, .

Tilden, Christopher,

. 526

Tilley, George,

. 446

Tilson, Edmund, .

. 507

Tilton, Abraham, .

. 384

Tilton, Elisabeth, .

. 384

Tilton, Samuel,

. 384

Titticut

146, 167, 214, 280, 349

Titticut Indians, .

147, 467, 718

Titus, John

. 531

Titus, Joseph,

. 266

Tiverton, ....

Toby, Zaccheus, .

Toler, William,

Tom, Mary (an Indian),

. 597

Toppan, Timothy,

. . . 424

Topsfield

559 bis, 560

Topsham, ....

109,390

Topsham (Great Britain), .

. 515

Townsend, . . -21, lOS

, 108, 240, 244, 512, 576

Townscnd, , .

. 649

Townsend, Col. Penn, .

. 375

Townsend, Timotliy, .

. 720

Township Number Two (betwee

Q Westfleld and

Sheffield), .

. 547

Trap, Thomas,

. 718

Tray, Benjamin, .

. 363

Treat, Abigail,

. 114

Treat, Richard, .

476, 503, 504

Trip, Otliniel,

. 171

Trowbridge, , . 426, 439, 52

I, 529, 635, 654, 693, 706

Trowbridge, Caleb,

514, 590

Trowbridge, Caleb, jr.,

. 679

Trowbridge, Edmund, .

. 297, 515

Trowbridge, Edward, .

. 686

Truro

Tupper, Samuel, .

203,207

Turner, , ....

. 553

Tuscarora Indians,

63,598

Page

T wight wees Indians 683

Tyler, James, 158

Tyler, Capt. Samuel, 163

Tyng, , 437, 470, 502, 548, 600, 645, 649, 654 bis, 682, 693

Tyng (see Alford & Tyng) .

Tyng, John, .... 12, 172, 301, 350, 358, 518

Tyngs Town, 519

XJ.

Ulmer, John, 277

Umpechena (an Indian) 329

Upper Ashuelot, 21

Upton, 124,669

Upton, Amos, 396

Uran, William 242

Uxbridge, 289, 445, 466

Van Horn, Abraham 546

Van Horn, Azariah, . o . . . . 546

Van Horn, Bom, 546

Van Schaack, Elias 263, 264

Van Schoak (see Van Schaack).

Van Valkenbui'g, Joakim 4-55

Vardy, Luke, 73

Varnum, John, 116, 135

Vass, Elisabeth 506

Vass, .leremiah, 110

Vass, John 506

Vassall, 641

Vassall, .John, 726

Verien, Thomas, . 128

Vernon's Head [House], 467

Verplank, Phillip 66

Vigilant, the ship 246

Virginia 64, 65, 127

Waampton, .Joseph (an Indian),

Wade, Elisabeth, .

Wade, Hannah,

Wade, Ichabod,- .

Wainwright, Capt. John,

Wainwright, Col. John,

Wainwright, Samuel, .

Wait, Nathan,

Waite, Capt. Benjamin,

Waite, Jonathan, .

Waldo, Brig. -Gen. [Samuel]

Waldo, Col. Samuel, .

Walker, Andrew, .

Walker, Elnathan,

Walker, Isaac,

Walker, .John,

Walker, Nathaniel,

Walker, Oliver, .

Walker, Philip, .

Walker, Philip (son of Philip Walker)

Walley, Rev. John,

WalUngford, Ezekiel, .

Walpole,

Wampani, Patience (an Indian)

Ward, Col. , .

Ward, Capt. Daniel, .
Ward, Hezekiah, .
Ward, John, .

52
332
43
43
416
22
22
580
43,44
590
42
613
238
201
453
82,681
345, 415
. 395
. 395
. 395
23
663, 664
530, 649, 701
. 223
548, 552
. 461
. 642
570, 699

Index op Names.

753

415,

Ward, Joshua,
Ward, Nahum,
Warden, Nathaniel,

Ware, ,

Ware, Capt. Nathaniel,

Ware, William,

Ware River, .

Wareham,

Warner, Deborah,

Warner, Eleazar, .

Warner, Gilbert, .

Warner, William, .

Warren, .

Warren, David,

Warren, James,

Warren, Sir Peter, 13, 250, 499, 500 bis,

Warren Hall,

Washburn, Capt. ,

Washbiirn, Benjamin,
Washburn, Edward,
Washburn, Elisabeth,
Washburn, Israel,
Washburn, Moses,
Washburne (see Washburn)
Waterman, Robert,

Waters, , .

Waters, Benjamin,
Watertown, .
Watkins, George, .
Watson, William, .
Watt, Robert,

Page
. 237

150, 162, 399, 589, 650
. 112
. 553
. 254
. 575

420, 421, 440, 665, 666

102, 421, 422, 542

. 274

440, 475

. 274

25, 112

148, 224, 352

564, 677, 682, 694

. 500

. 467

214, 317, 349

554, 588

554

467

230

575
22

660
651, 661
415

409
229

Watts, Samuel, 29, 57, 96, 190, 193, 219, 251, 252, 304, 359,
370, 386, 437, 440, 464, 471, 492, 507, 516, 521, 551 bis,
565, 599, 622, 641, 643, 649, 654, 680, 696, 698

Wawenock Indians,

Webb, Nathaniel, .

Webij, Samuel,
Webber, Josiah, .
Wedges, Elisabeth (an
Weeks, Benjamin,
Weeks, John,

Weld, Rev. , .

Weld, Rev. Thomas,
Welder, Joseph, .
Wells, .
Wells, Ezekiel,
Wells, Francis,
Wells, Mary, .
Wells, Nathaniel, .

Indian),

426
305
605
410
490
499
531
98
430
305

109, 373, 394, 417

298, 501

323, 604, 689

. 104

59, 553

Wells, Samuel, 14, 23 bis, 27, 60, 62, 66, 68, 96, 98, 111,
172, 180, 253, 348, 562, 619

Wells, Thomas, 105

Wendell, Jacob, 49, 57, 61, 96, 110, 119, 125, 162, 166, 172,
200 bis, 264, 272, 343, 350, 399, 426, 437, 455, 456, 471,
491, 504, 507, 518, 528, 544 bis, 547, 564, 572, 573, 599,
634, 649, 654, 682, 683, 689, 694, 717, 724

Wendell, Col. Jacob, 341

Wendell, Capt. John, 149, 150, 155, 423, 424, 448, 528, 604
Wenham, . . . .42, 197, 237, 290, 337, 431
Wentworth, Gov. [of New Hampshire], . . 707

Wentworth, Samuel, 455, 456

Westborough 28, 117, 390, 650

Western, 211, 662

Western Indians, 682

Westfleld 105, 124, 477, 508, 546, 672

Westford 185

Weston 224, 325, 4.57, 527, 589, 681

Weymouth 114, 150, 297, 699, 705, 706

Wheeden, Timothy * . .513

Page

Wheeler, Benjamin 22

Wheeler, Ephraim 523, 529

Wheeler, Thomas 10

■Wheelwright, John (Commissary General), 20, 31, 43,
44, 46, 57, 70, 77, 86, 94 bis, 97, 113, 122, 123, 129, 131,
132, 134, 151, 155, 158, 161, 172, 175, 187, 192, 199,
203 bis, 204, 211, 213, 215, 216, 217, 218, 223, 227, 281,
235, 247, 268, 271, 273, 275, 276, 281 bis, 282, 286, 292,
299, 310, 312, 314 bis, 315 bis, 322 bis, 323, 332, 335,
339, 340, 352, 354, 359, 360, 364, 377 bis, 387, 394, 396,
410, 415, 451 bis, 459, 466,474, 476, 484, 485, 501, 522,
541, 555, 557, 573, 597, 599, 600, 695, 711, 729, 730 bis
Wheelwright, John, . . .57, 641, 649, 654, 729

Whipple, , 22, 275

Whipple, Rev. , 410

Whipple, Francis, 117, 271

White, 350

White, Capt. , .... 363, 426, 439, 492, 636

White, Maj. 125

White, Benjamin, 214, 349, 687 bis

White, [Edward], 29

White, Jacob 360

White, Josiah, 207 360

White, Samuel, . . .44, 170, 356, 371, 439, 522

White, Capt. Samuel 4fi6

White, Thomas, . . . 114, 206, 207, 215, 297, 6.52

White's Farm 352

Whiting, Nathaniel 159

Whitney, David 71, 216

Whitney, John, 72

Whitney, Samuel, 605, 606

Whittaker, Ebenezer ug

Whittamore (see Whittemore).

Whittemore, John, 450

Whittemore, Nathaniel 333

Whittemore, Ruth 450

Whitten, Timothy, 579

AVhittier, Richard, 592

Wich Casset, Wiscasik (sec Wiscasset) .
Wigglesworth, Rev. Edward, 94, 175, 192, 377, 483, 595,

709

Wild, Rev. 233

Wilder, , 2I

Wilder, Capt. , . . . 552, 635, 664, 681

Wilder, David 366

Wilder, Joseph, 12, 52, 53, 115, 120, 150, 236, 365, 388,

393, 398, 441, 443, 517, 612, 647

Wilder, Joseph, jr., 67, 105, 206^362, 550, 574, 589, 660,

689

Wiley, Jacob, 47, 82, 100

Willard, Daniel 307

Willard, Joseph, ^ 357

Willard, Josiah 75

Willard, Josiah (Secretary of the Province), 28, 93 bis,
134, 169, 174 bis, 183, 220, 221, 250, 290, 309, 337, 348*,
376 bis, 387, 433, 456, 482 bis, 494, 500, 540, 594 bis,
632 bis, 643, 694, 708 bis, 719, 727

Willard, Josiah (truck-master) 86

Willard, Josiah (under-commissary), 86, 187, 276, 349

Willard, Capt. Josiah,
Willard, Col. Josiah, .
Willard, Maj. Josiah, .
Willard, Samuel, .
Willard, Capt. Samuel,

Williams, Capt. , .

Williams, Col. ,

Williams, Ephraim,
Williams, Capt. Ephraim,
Williams, Col. Ephraim,

. 19, 48

. 85, 90, 122, 123, 282

. 182

. 305

470, 502, 649

364, 509, 707

272, 320, 584

485, 497, 592, 671

327, 329, 454, 455, 592

754

Index of ^N^ames.

Page

WilUams, Maj. Ephraim, 77

Williams, Israel, . . 178, 228, 243, 337, 375, 522, 552
Williams, James, . 44, 101, 162, 170, 229, 230, 363, 439

Williams, Capt. [James], 25

Williams, John 418

Williams, Sendall 194

Williams, Stephen, jr 286

Williams, William 243, 588

Williams, Lieut. -Col. William, . . 27, 182, 187, 351
Williamson, Capt. Jonathan, .... 434

Williston, Hannah, 306

Williston, John, . 306

Williston, .Joseph, 306

WiUistone (see Williston).

Wilmington, 289

Wilson, Abigail 656

Wilson, John, jr 505

Wilson, Samuel, 57, 656, 693

Winchester, Ebenezer, 18

Winchester, Capt. Ebenezer 18

Windsor, 76

Wing, John, 13

Winslow, , ..... 363, 456, 635

1 Winslow, Col. 654 bis, 660, 682

Winslow, Edward, 49, 164, 169, 284, 292, 433, 438, 539,

564, 639, 656

Winslow, John 356

Winslow, Joshua 354, 429, 472

Winter, Edward 285

Winthrop, John 484, 596, 709

Winthrop, Samuel, 495

Wiscasset, . . . 109, 324, 330, 391, 434, 491, 495
Wise, Maj. Ammi Ruhamah, .... 22

Wise, Benjamin, 531

Wise, Rev. Jeremiah 238

Wiser, Benjamin (an Indian), . . . 42,85,668

Wiswall, , 642

Wiswall, Capt. Thomas 57

Witherby, Ephraim, 177

Witt, , 345, 664

Witt, Samuel, 352

Woburn, 107, 208, 216, 226, 227, 311, 312, 435, 438, 506,

650, 674

Wolcot, John, 58, 290

Wolcot, John (son of Mrs. Mary Wolcot), . 237

Wolcot, Mrs. Mary, . . . 236, 237, 290, 304, 412

Wolcot, WilUam 531

Wollingford, Ezekiel, 580

Wood, Benjamin, 714, 720

Wood, David, 531

Wood, Eljenezer 300

Wood, Elnathan, 300

Wood, John, .

Woodbridge, Joseph,

Woodbridge, Timothy,

Wood Creek, .

Woodell, David, .

Woodhouse, John,

Woods, Aaron,

Woods, Jabez,

Woods, .Joseph,

Woods, Josiah,

Woodside, John, .

Woodstock, .

Woodward, Jonas,

Woodward, Nathaniel,

Woolen, Presbury,

Woolson, Isaac, .

Woolson, Joseph, .

Woolson, Sibyl,

Worcester, 10, 43, 85, 179, 297,

Worcester County, 9, 10 bis, 6"
178, 180, 206, 268, 289, 297,
412, 414, 419, 440, 445, 446,
578, 579, 5S1, 589, 635, 639,
700, 706 bis
Worster, WilUam,

Worthington, Maj. ,

Worthington, Col. ,

Worthington, John, . 68, '
-Wrentham, 16, 20, 128, 159, 201,

Page

. 580

328, 329, 584

320, 326, 454, 455, 584

. 214

47, 82, 100

117, 118

. 280

. 177

. 662

. 100

6, 82, 100, 337, 545, 639

. 664

. 389

. 203

. 325

224, 325

444, 461, 617, 643, 664,

668, 711

', 91, 100, 143, 162, 177,

303, 307, 310, 375, 381,

510, 539, 545, 552, 577,

642, 643, 651, 658, 664,

Wright, Benjamin,
Wright, Joseph,
Wright, Moses,
Wyer, David,
Wyley (see Wiley).
Wyman, Matthew, jr.,
Wytheril, Simeon,

. 121

. 635, 647, 682 bis

705, 716

■8, 105, 162, 231, 440, 475

226, 254, 297, 304, 360,

389, 517

11, 106

. 100

. 546

. 676

215
513

Yarmouth, . . . .39, 206, 477, 510, 511, 703
York, 33, 109, 247, 311, 317, 365, 411, 416, 417, 426, 491,

495, 560, 652, 653

York County, 11, 18, 26, 33, 34, 42, 67, 143, 240, 265, 270,

296, 305, 317, 318, 330, 365, 380, 388 bis, 396, 411, 426,

427, 434, 435, 449, 478, 488, 493, 499, 540, 545, 553,

636, 640, 648, 652 bis, 667, 679

Young, Hannah, 677

Young, .John, jr., 487

Young, Moses 477

Young, Thomas 477

GENERAL INDEX.

[755]

INDEX.

ABATEMENT.

of taxes in Chelsea, 130

of taxes in Medway 20

of taxes in Needliam, 17

ABINGTON, TowTi of.

petition of, and of other towns in regard to

building a court house at Plymouth, . 219
ACCOUNTS.

additional account relative to the estate of

Nathaniel Gerrish, jr 18

billeting, 67, 104, 122, 123, 130, 133, 136 Ms, 157 6/.f,
182, 241, 243, 276, 282, 286, 346, 380

of Agent Bollan, allowed, .... 331, 360

for care of Capt. Ebenezer Winchester, allowed, 18

Sarah Checkley, petition of, in regard to a set-
tlement of an 562

of commissaries with Louisburg expedition to

be inquired into, 9

of Commissary General, for clothing sent to
Louisburg to be forwarded to the Prov-
ince agents, 79

of Commissary General, relative to, . 729, 730 bis

with commissioners upon loans, etc., committee

to settle 701

of committee on Indian affairs at Stockbridge,

allowed 684 ter

of committee to provide for Mohawks at Stock-
bridge, allowed 569

of disbursements made by a sub-commissary,

allowed, 182

of estate foreclosed under mortgage, petitioned

for 249

of Lieut. Col. Edward Eveleth for stores and

subsistence, allowed, . . . 384, 435

for fitting out schooner used as a spy-boat,

allowed 247

of the Land Bank, relative to, 129, 431, 451, 453, 501,

521

for maintenance of mother of Elisabeth Osgood
and .Jacob Danforth to be proportioned
and allowed 281

of Dr. John Mellen, allowed, . . . .116

of Col. .James Otis, for sundry services, allowed, 189

of persons advanced money for enlisting sol-
diers, etc., to be settled, .... 125

of Province Treasurer, relative to, 609, 611, 613, 614,
617, 619, 621, 623, 685, 698, 723

to be rendered of provisions and stores for the
intended Crown Point expedition not
disposed of 120

of a sub-commissary with Louisburg expedi-
tion, Commissary General to settle, 134, 192

of travelling expenses of certain officers while

in service, allowed, 129

for victualling French prisoners, . . . 246

of Joseph Wilder, jr., for surveying, allowed, . 689

ACTION.
against Joseph Blanchard, Attorney-General

directed to enter nolle prosequi in, . 216
Governor Jonathan Belcher, petition of, for

change of venue in an, 55, 134, 402, 411,445,493
Samuel Burnell impowered to enter an, . . 44
•James Carr, petition of, for new trial of an, . 147
John Codman impowered to enter an, . . 578
William Cole impowered to enter an, . . 515

John Fisher, guardian, petition of, for leave to

enter an 40

John Foster impowered to enter an, . . . 697
Robert Hale, petition of, for leave to defend an, 558
Andrew Hall, jr. impowered to plead an, . . 211
Jacob Wyley, petition of, for review of an, . 47
ACTON, Town of.
boundary between Concord and Acton, report

of committee on, 77

ACUSHNET VILLAGE.

part of Dartmouth, to be erected into a precinct, 57
AGENT, PROVINCE.
William Bollan :

account allowed 331, 360

to be accountable for money received of Elia-

kim Palmer, 541

allowance to, .... 351, 593 bis, 662

chosen 347

Commissary General to provide for passage

of, to Great Britain, .... 354
committee to prepare papers for, . . . 697
impowered to give a discharge for the parlia-
mentary grant for reimbursement of ex-
pense of Louisburg expedition, . . 190
impowered to receive money due the Prov-
ince 357

impowered to receive sums granted by par-
liament for expense of Louisburg ex-
pedition 103

letter of, report of committee to consider, . 572
letter to be sent to, and colleague, . . . 183
to make representation to the King concerning

the controversy with Connecticut, . 460

remittance to, 492

speaker of the House of Representatives to

remit a certain sum to 593

Christopher Kilby :
copy of vote of dismissal to be sent to, . . 184

vote to dismiss, 183

ALBANY, Town of.
Commissary-General's account of provisions,

etc., at, report of committee on, . . 132
commissioners to attend the conference at, rela-
tive to 544, 547, 548, 555

commissioners to Congress of the Six Nations

at, relative to, . . . . 151, 157, 159
stores at, report of committee on, . . .132

[757]

758

Index.

AMACONGING.

men to be posted at 109

APPEAL.
Thomas French inipowered to prosecute an, 53, 83
Joseph Gerrish and John Barrell impowered to

enter an 525

Thomas Goddard impowered to enter an, . . 333
Matthias How impowered to prosecute an, 579, 643
Foster Hutcliinson impowered to enter an, . 590
Knight and Abigail Leverett Impowered to

enter an, 480

Isaac Mills and Nathaniel Dewing impowered

to enter an, 527

Robert Pierpoint impowered to enter an, . . 676
Isaac Royal and Robert Oliver impowered to

enter an, 78, 82

Edward Washburn impowered to prosecute an, 588
Edward Washburn, petition of, for leave to

enter an, ....... 554

APPKOPRIATIONS.
for Canada expedition, transfer from, for ex-
penses of Louisburg expedition, . . 161
for Commissary's disbursements :
transfer from, to appropriation for grants, . 728
transfer from, to appropriation for payment

of members, etc., 728

for commissary stores, balance of, transferred

for payment of wages, etc 269

for contingencies, transfer from, for payment
of members of House of Representa-
tives, 401

for defence of Province :
transfer from, to the appropriation for grants, 607,

696
transfer from, to appropriation for payment

of members of General Court, . 607, 728
transfer from, for payment of members of

House of Representatives, . . .401
for forts and garrisons :
amounts due soldiers on muster-rolls to he

paid from, 601

balance of, transferred to appropriation for

defence of the Province, . . .25
for grants :
amount due Samuel Pettibone to be paid

from 75

balance of, transferred for payment of ex-
penses where there is no establishment, 270
transfer from, to appropriation for Canada

expedition, 72

transfer from, to appropriation for contin-
gencies 227

transfer from, to appropriation for the defence

of the Province 283

transfer from, to appropriation where there

is no establishment, . . . 227, 374

transfer from, for expenses of a Flag of

Truce, 56

transfer from, for payment of expense of

new battery at Castle William, . 46, 56
transfer from, for payment of Capt. Eleazer

Mclvin 72

transfer from, for payment of meml)ers of

the House of Representatives, . 127, 283
where there is no estalilishment:
commissioners to Canada to be paid from, . 301
expense of rebuilding Court House to be paid

from 134

transfer from, for payment of expenses of

Louisburg expedition 130

APPROPRIATIONS — continued.
where there is no establishment — co«r/HMerf.
transfer from, for payment of members of

the General Assembly, .... 444
transfer from, for payment of members of

House of Representatives, . . . 401
ARMORER.
at trucli-house at St. George's, appointment

of 320

ARMS.
guns and blankets, etc., presented to Indians of

the Six Nations, allowance for, . . 477
guns at Castle William to be dismantled, . . 396
guns for certain members of the late garrison

at Fort Massachusetts, provided, . . 852
guns lost in public service, 17, 44, 59, 90, 91, 113, 148,
172, 185, 199, 203 his, 204, 211, 213 his, 216, 217,
218, 223, 227, 230, 231, 247, 268, 270, 274, 281 bis,
292, 310, 312, 314, 315 his, 322, 332, 335, 339 his,
346, 360, 364, 396, 415, 416, 466, 505, 560
one (gun) delivered for a gun impressed, . . 314
for soldiers on the Eastern frontiers, provided, 155
for soldiers on Western frontiers, to be re-
paired 152

ARMS OF THE COLONY.

allowance to Moses Deshon for carving, . . 672
ARTILLERY.
captain of, in Louisburg expedition, allowed

wages as boml)ardier, . . . 452, 515
ARTILLERY COMPANY.

in Boston, exempted from taxation, . . . 341
ARUNDEL, Town of.

men to be posted at 109

ASHUELOTS, The, Township of.
billeting soldiers at, allowance for, . . . 276
men to be posted at, . . 51, 108, 168, 264, 276
pay and subsistence of men at, allowed, . . 334
vote in regard to certain men to be posted at, . 182
ASSESSORS,
in Concord, West Society in, directions to, . 468
in District of Douglas, impowered to assess a

tax on all lands, .... 272, 702
in Dunstable, impowered to assess inhabitants

for money due on Province Loan, . . 714
in Middleton, assessment by, to be held good

and valid, 673

in Natick, petition of, 239

in Norton, petition in regard to improper as-
sessment by, 575

in Norton, South precinct in, order of notice on, 575
in North Yarmouth, impowered to assess a tax

on certain lands 51

in O.xford, impowered to assess a tax on lands

of non-residents 69

in Rutland, new district, impowered to assess

taxes, 272

in Salem, directions to, .... 394, 486

in Salem, report on remonstrance of, . . 670

in Sheffield, directions to 418

in Sutton, directions to, 165

in Swansea, directions to 24

in W'alpole, directions to, 530

in Wareham, directions to, 421

in Weymouth, relative to taxation of Bumpkin

Island by 699

to make assessments upon towns and districts in

the Province, 557

of the towns in this Province to make assess-
ments in conformity with the warrants
of the Province Treasurer, . . . 316

Index.

759

ATTLEBOROUGH, Town of.
constables of, acoonnts of, to be rendered, . 208
constables of, executions against, to be re-
turned 530

ATTORNEY,
affidavit of, to be recorded and considered evi-
dence of title, 513

Robert Auchmuty, to Henrietta Overing, . . 698
Sarah Branham, to Francis Branham, . . 586
John Curtis, to Martha Bowman and others

(Indians), 668

Hugh McDaniel, to Rachel Rouse, . . . 526
John Norton, to John Harper, .... 278

ATTORNEY — continued.

James Putnam, to Epbraim Gates, . . .706

Caleb Trowbridge, to John Shepley and Isaac

Green, 514

John Worthington, to Daniel Edwards and

David Clark, 475

John Worthington, to Aaron Nelson, . . .440
ATTORNEY-GENERAL.

directed to make inquiry concerning the com-
pulsory receipt of New Hampshire bills
of credit 394

to enter nolle prosequi in action against Joseph

Blanchard, 216

BARNSTABLE COUNTY.

courts in, adjourned, 47, 205, 274, 337, 357, 547, 579, 691
farmers of excise in ;
committee to choose, .... 162, 553, 636
David Freeman, appointment of , . . . 704
David Gorham, appointment of , . . . 173
Solomon Swift, appointment of, . . . 654
Indians in lower part of, guardians of, appoint-
ment of, 700

justices of superior court in, impowered to

hear and try a cause, .... 522
treasurer of, account allowed, 9, 144, 279, 439, 546,

639
BARNSTABLE, Town of.

Indians in, guardians of, appointment of, . 39
BARRINGTON, Town of.
bridge over the river between Swansea and,
petition in regard to building and re-
pairing, 248

BASTARDY.

new trial in case of, granted 470

BATTERY.

new, at Castle William, to be completed, 45, 46, 56
BEACON ISLAND,
lighthouse on :
allowance for firewood for, 105, 217, 315, 481, 605
allowance to keeper of, for services, 105, 217, 315,

481, 605
boat at, committee to provide new mooring

for, 49

repairs at, relative to, . 284, 543, 601, 607, 609
BEDFORD, Township of.
assessment of taxes in, .... 320,659
delinquent proprietors of, relative to disposi-
tion of land of, .... 148, 180
meeting of proprietors to he called at, . . 96
BELLINGHAM, Town of.
petition of certain inhabitants of, HoUiston,
Medway and Wrentham, to be erected

into a precinct, 159

petition of inhabitants of, I'elative to ecclesias-
tical affairs 14

BERKLEY, Town of.

to«Ti meeting to be called at, ... . 541
BERWICK, Town of.

divided into two precincts, 237

men to be posted at, 109

proceedings of town-meeting in, confirmed, . 542
Province tax in, certain sum due from Alex-
ander Grant, to be added to, . . . 728
BETHEL, the ship.
Capt. Isaac Freeman, commander of:
duties remitted on prize goods in, . . . 205

BIDDEPORD, Town of.

men to be posted at 109

BILLETING.

allowance for, 67, 72 bis, 85, 104, 122, 123, 130, 133 bis,
136 bis, 151, 157 bis, 182, 225, 240, 241, 243, 268,
276, 282, 286, 287, 323, 346, 380
BILLS OP CREDIT.

act for drawing in, to be printed, . . . 221

allowance for lost or destroyed, 17, 23, 69, 83, 154,
201, 225, 243 bis, 250, 275, 296, 333, 382, 409, 410,
470, 488, 505, 511, 637, 663

committee appointed to exchange, instructions

to 540

committee for burning, to make inquiry for
twelve bundles of small bills not ac-
counted for, 601, 608

committee for l)urning torn and defaced, 57, 171,
200, 350, 470, 518, 599, 608 bis, 649, 654, 657, 677,
717

committee for exchanging, 369, 371, 380, 386, 449, 470,

502, 540

committee to supervise issue of, ... 359

of New Hampshire, relative to receipt of, con-
trary to law 394

to be printed, . . . 171, 187, 204, 221, 359

Province Treasurer to prepare and take account

of, for burning, 657

Province Treasurer to receive, or certain notes, 574

Province Treasurer to receive, on this Prov-
ince, for all taxes due, . . 608, 658, 696

resolve construing the act in addition to the act

for drawing in, 531

small, to be exchanged for Spanish milled

dollars 529

small. Treasurer to be directed to reserve silver

for the redemption of, ... . 531
BLANDFORD, Town of.

billeting Canada soldiers at, allowance for, . 105

establishment of rates for billeting soldiers at, 323

men to be posted at 108, 152

proceedings of town-meeting in, confirmed, . 672

tax to be assessed upon all lands in, . . . 323
BLOCKHOUSES AND TRUCK-

HOUSES.

at Bro^vTi's :
men to be posted at 108

east of Fort Massachusetts:
men to be posted at 51, 168

at Morrison's :
men to be posted at, 108

at Saco River:
Capt. Thomas Bradbury, commander of:
allowance to, for building wharf, boat, etc., 119

760

Index.

BLOCKHOUSES AND TRUCK-
HOUSES — continued.
at Saco River — continued.
Indian trade at, Commissary General to send

goods for, 32'2, 387

men to be posted at, 51, 109, 168, 264, 291, 334, 423
soldiers at, establishment of, . . • • 598
at St. George's River:
Jabez Bradbury, commander of:
account by, for repairs at, allowed, . . 110
Commissary General directed to supply,
with goods for the Indians, . . .391

armorer at, appointment of 320

armorer at, establishment of 334

conference at, relative to complaints made by

Eastern Indians at, .... 674

increase of garrison at 485

interpreter at, allowance to, . . • 420, 567
men to be posted at, 51, 109, 168, 264, 291, 334, 423
provisions to be forwarded to, for the Indians, 643

relative to conference at 544

soldiers at, establishment of, . . ■ • 598
truck-master at, late, allowance to, . . • 131
on Western frontiers, provisions for, Commis-
sary General to purchase, . . .70
BONDS.
of Ebenezer Choate, justices of court of general
sessions in Essex County, impowered to

accept 571

of delinquent truck-masters, Commissary Gen-
eral to put in suit, . . . . .46
put in suit, petition of judge of probate for Suf-
folk County, to be relieved from charges

for, 529

relative to chancered 447

BOSTON MERCHANT, the ship.

to be prepared for a hulk, 61

BOSTON PACKET,
allowance to James Sawyer for boarding and at-
tending John Dunham, seaman, belong-
ing to 117

committee to sell 156

BOSTON, Town of.
allowance for relief of persons suffering fi'om

smallpox in 646

allowance to selectmen of, for purchase of boat

for Rainsford Island, .... 458
artillery company in, exempted from taxa-
tion 341

certain sum due fi-om, to be added to the next

Province tax, 719

collector of taxes in. Province Treasurer di-
rected to suspend execution on, . . 549
ferry-boat between, and Charlestown to be laid

off .609

pirates committed to jail in, allowance to

blacksmith for viewing the irons of, . 285
powder-house in, establishment of pay of keeper

of 393

powder-house in, fees for storage of gunpowder

in, 526

repairs of town-house in, apportioned, . 110, 527
weigher of hay in, appointment of, . . . 112
BOUNDARY LINES-
between Brimfleld and Western, established, . 662
between Concord and Acton, established, . 77

between District of Douglas and town of Ux-

bridge, relative to perambulation of, . 445
between Province of Massachusetts Bay and

Connecticut, relative to, . 76, 337, 460, 476

BOUNDARY LINES — conttHwed.
between Province of Massachusetts Bay and

New Hampshire, relative to, . . 244, 541
between Province of Massachusetts Bay and
New York, appointment of committee to

settle 660, 682

between Province of Massachusetts Bay and

Rhode Island, relative to, 318, 367, 389, 508
between Reading and Stoneham, established, . 505
between the two precincts in the first parish in

Kittery, established 411

of British Colonies in America, relative to, 451, 453,

507
of land confirmed to Moses Banks, . . . 417
of land confirmed to Thomas Fairbanks, . . 574
of land confirmed to Joseph Row, . . . 240
of land confirmed to Benjamin Ruggles, . . 631
of land confirmed to Daniel Simpson, . . 416
of land confirmed to Timothy Sterns, . . 362
of land confirmed to Esther Stone, . . . 631
of land confirmed to Thomas White, . . . 206
of lower precinct in Berwick, established, . 237
of new precinct in Springfield, erected out of

Chicopee, established, .... 545
of new precinct in Sunderland, established, . 550
Old Colony Line, renewal of, 149, 155, 423, 425, 448,

528, 605, 648
of Rehoboth North Purchase and Taunton North

Purchase, relative to 517

of settlement upon Ware River, established, . 421

of Sturbridge, established 415

of Sutton, established, 218

BOUNTY.
allowed John Beaman for an Indian scalp, . 38
allowed friendly Indians for prisoners and

scalps 7

allowed for Indian prisoners and scalps, . 89, 107
and billeting money due Capt. John Ruggles,

allowed to his administrators, . . 286
committee to disburse, appointment of, . . 95
for enlisting men for Canada expedition, rela-
tive to, 40

for men enlisting for frontier service, estab-
lished 89, 143

to officers for enlisting men for frontier service,

established 109

for soldiers enlisted by Capt. Humphrey Hobbs,

allowed 295

BOXFORD, Town oj.
first church in, Benjamin Porter authorized to
collect assessment for salary of pastor

of 425,486

BRADFORD, Town of.
impowered to exchange part of the ministry

land, 229

BRIDGES,
over Fore River, Falmouth, York County, tolls

established 388

over Neponset Rivei", relative to liability for

repairs on, 593, 633

at Old Town Ferry, Newbury, petition for a lot-
tery to defray expense of, . . . 386
over the river at Hix's ferry, in Dartmouth,

tolls established, 471

over the river between Swansea and Barring-
ton, relative to maintenance of, . . 248
BRIDGEWATER, Town of.

collection of taxes in, 479

petition of, and of other towns in regard to

building a court house at Plymouth, . 219

Index.

761

BRIDGE WATER, Town of — continued.
Titticut precinct in, and Middleborough :
collector of taxes to be chosen in, . . . 167
plan of certain land in, to be prepared, . . 214
proceedings of meeting in, confirmed, . . 317
relative to lands for use of the ministry and

for a meeting-house in 349

BRIMFIELD, Town of.
boundary lines between, and Western, estab-
lished, 662

BRISTOL COUNTY.
Charles Church, late sheriff of, relative to
monies and papers in possession of

executors of 100, 363, 439

committee on collection of arrears of taxes due
from persons set off to Rhode Island

from 363, 439, 508

committee to examine about taxes due in, . 363

courts in, adjourned 99, 308, 655

farmers of excise in :

committee to choose 162, 553, 636

Samuel Miller, allowed to settle account with

Province Treasurer, . . . .25
Benjamin White, appointment of, . . . 687
Samuel White, appointment of, . . 44, 170
judge of probate for, impowered to allow the

division of an estate 397

judge of probate for, impowered to perfect the

settlement of an estate, .... 711
judge of probate for, impowered to provide for

the settlement of an estate, . . .395

BRISTOL COUNTY — continued.
justices of court of general sessions in, impow-
ered to grant a license, .... 324
justices of superior court of judicature in, al-
lowance to, for services in attending

trial of rioters 30

sheriff of, to return executions against the con-
stables of Attleborough, .... 530
sheriff of, to return executions against the con-
stables of Swansea 530

treasurer of, account allowed, . 229, 434, 581, 718
vote in regard to prisoners in Taunton jaU

ill 171

BROOKFIELD, Town of.
northeasterly part of, erected into a precinct, . 364
part of, and part of Hardwick, and New Brain-
tree to be erected into a new precinct, 440, 453
part of, and part of Hardwick and New Brain-
tree lately erected into a precinct, to be
erected into a district, . . . 475, 518
BROOKLINE, Town of.

fine remitted to 167

BROWN'S.

men to be posted at, 21, 108

BRUNSWICK, Town of.

men to be posted at, 109

BUMPKIN ISLAND.
relative to taxation of, by assessors of Wey-
mouth, 699

CALENDAR.

act for correcting, etc., to be printed, . . 590
CAMBRIDGE, Town of.

committee in regard to raising the causeway in, 252

court house to be built in, . . . . 499, 500

petition of inhabitants of, south part, to be

erected into a precinct, . . . 193, 220

Province tax in, certain sum due from Joshua

Gamage, to be added to, . . . . 728

session of House of Representatives at, chap-
lain of, allowance to 710

CANADA.

blankets to be presented to messengers sent to, 342

captives in, relative to, 19, 28, 29, 83, 114, 144, 147,
199, 202, 203 quater, 210, 211, 213, 214, 215, 216,
217 bis, 224, 228, 230 bis, 231, 235, 247, 268, 270,
271, 274, 281, 292 bis, 312, 314, 315, 335, 339 bis,
344, 361, 364, 375, 415, 418, 472, 477, 513, 528, 604,
669

commissioners to, for redemption of captives

in, . . 23, 26, 29, 298, 301 bis, 302 bis

relative to Indians of the Six Nations held pris-
oners in 155

CANADA EXPEDITION.

allowance to Capt. Thomas Cheney for services.

etc.

allowance to Commissary General for services,

etc., 476

allowance for victualling a company in, . . 156
committee of war :
to call persons to account for stores received

for, 183

to lay before the Court account of provisions
and stores purchased for expedition
against Crown Point, . . . .120

CANADA EXPEDITION — coniiwMcd.

committee of war — continued.
to pay commissary in, for care of Province

stores at Albany, 173

petition of Ebenezer Terry in regard to money

received for enlisting soldiers for, . 242

relative to billeting accounts of soldiers in, 67, 72,
107, 123, 130, 133, 136, 157, 225, 268

relative to bounty for enlisting men for, . . 40

relative to proposed, 64

relative to settlement of accounts of persons
who received money to enlist soldiers
for, 125

subsistence allowed Zachariah Dwinell, soldier

in 121

CANADA SOLDIERS.

account for subsisting Jonathan Rolfe, allowed, 178

committee for receiving billeting accounts of,

appointment of, 67

CANNONS.

at Castle William to be dismantled, . . .396

at Fort George, carriages for, to be forwarded, 556
CAPE ANN.

fort at, allowance to engineer for projecting

and building 498

CAPE BRETON EXPEDITION.

account of Lt. Col. Edward Eveleth for subsist-
ence and stores, allowed, . ■ 384, 436

account of Ebenezer Prout, sub-commissary

with. Commissary General to settle, 134, 192

accounts of commissaries on, committee to in-
quire into, 9

allowance for services to the English in, . . 399

artiUery in, captain of, allowed wages as bom-
bardier 452,515

762

Ijst)ex.

CAPE BRETON E'KFEBITION — continued .
Capt. Israel Bailey in, allowance to widow of, . 490
billeting account of Capt. John Hurston in,

allowed 346

bounty and billeting money due Capt. John
Ruggles in, allowed to administrators of

his estate 286

brigantine Boston Packet in, committee to sell, 156
Commissary's account for clothing sent to
Louisburg to be forwarded to the Prov-
ince agents, 79

committee of war :
to allow subsistence to soldiers in, . . . 97
to allow Johu Ulnier pay as drum major and

for repairing dnims 277

allowance by, to George Gerrish for tools

taken for use of garrison at Louisburg, 246
allowance by, to Jane Hall for medical attend-
ance on her husband, a soldier in, . . 37
allowance by, for hire of schooner HopeweU

for 278

allowance by, for loss of time, M'ounds, etc.,
while in :
to Timothy Barron, . . . . 48, 164
to Patrick Bum, . . . 42, 197, 337, 431

to Clement Chamberlain 58

to Seth Chipman, 91

to Joseph Freeman, jr 11, 310

to Nathaniel Hix, 8

to Thomas Hosmer, jr. 92

to Samuel Hovey 231

to Moses Hoyt, ... 56, 164, 310, 568

to Terrence Kane, 520

to Edward Manchester, . . . .16

to Robert Miller 145

to James Pierce, seaman, . . .48, 119

to David Stanwood 86

to Job Stanwood, 8, 114

to Alexander Tarrant, . . . .49, 130

to John Wilson, jr., 505

allowance to, for services, .... 232
to collect money due for bread purchased of

them 159

to pay administratrix of Dr. Joseph Pierce

for his services as a surgeon on, . . 245
to pay expenses of, from the appropriation

for Canada expedition, . . . .161
to pay Dr. John Russell for medical attend-
ance to a soldier in, 51

to pay wages due soldiers for services in :
to Capt. .Joseph Goldthwait for sickness
and funeral expenses of Lieut. Bazil

Dixwell 347

to Richard Gridley 4.52, 515

to Gershom Hamlin, 88

to Eleanor Hind on account of .Jabez Clarke, 652

to John Keefe 367

to Samuel Knowles for widow of Joseph

Adams 145

to Capt. James Noble, 38

to Eleazer Porter for benefit of children of

Neso Tawney 15

to John Spear, father of David Spear, . . 311
to Seth Sumner, attorney to Pompey and

wife, heirs to Jesse Covet, . . . 113
to father of Elienezer Sumner, . . . 401
to mother of Benjamin Southwick, . . 398
to the widow of Daniel Crecy, . . .15
to the widow of an Indian, . . . .223
to the widow of Ebenezer Maxey, . . 242

CAPE BRETON EXPEDITION — con««Merf.

English prisoners Ijrought to Boston, allowance

for victualling, 359

expense of, relative to a grant from Parliament

in payment of 103, 165, 195

Governor, Secretary and Speaker to execute an
instrument for receiving the money to
reimburse the Province for expenses of, 250

soldiers in, accounts of persons advanced

money for enlisting, etc., to be settled, . 125

soldiers in, allowance to, 184, 186, 228, 247, 275, 276,
277, 345, 361, 374, 420, 471, 472, 493, 671, 702

soldiers in, pension to, .... 233, 702

soldiers or their representatives in, township

granted to, 400

soldiers in, wages due on muster-roll of,

allowed, 587

stores purchased for forces at Louisburg, com-
mittee to sell 129, 156

subsistence and passage of certain persons to

Annapolis, provided for, . . .13

surgeon at Louisburg, Dr. William Rand, com-
mittee in regard to the payment of drafts
of 301

transfer of a certain amount from the appro-
priation where there is no establishment
to the appropriation for, .... 130

wages due Jonathan Clary for services in,

allowed his administrator, . . . 584

wages due Lt. Col. Edward Eveleth for services

in, allowed, 584

CAPTIVES.

allowance to, 19, 35, 83, 114, 144, 199, 202, 203 quater,
210, 211, 213, 215, 216, 217 bis, 224 bis, 228,
230 bis, 231, 2.35, 247, 268, 270, 271, 274, 281,
292 bis, 312, 314, 315, 335, 339 bis, 344, 361, 364,
375, 415, 418, 472, 477, 513

allowance for an interpreter to accompany per-
sons proceeding to Canada for the re-
demption of 669

allowance to Samuel Webb for repayment of

money paid for his ransom, . . . 605

allowance to Samuel Whitney for repayment of

money paid for his ransom, . . . 605

commissioners for redemption of, relative to, 23, 29,
298, 301 bis, 302 bis

redemption of, allowance for, . 28, 147, 214, .560

redemption of, relative to, . . . . .528, 604

redemption of, report of committee on, . . 23
CASTLE ISLAND.

store house to be built on, 437

CASTLE WILLIAM.

Spencer Phips, commander at :
establishment of pay of 98, 167

allowance to engineer for projecting and build-
ing works at, 498

carpenter at, wages estalilislied 530

chaplain at, allowance to, . . 119, 485, 596, 710

committee on repairs at :
allowance to, . 18, 45, 46, 56, 191, 396, 601, 607
appointment of 507

gunner at, allowance to 713

guns at, to be dismantled 396

lieutenant at, allowance to, . . 101, 198, 389, 712

mason at, wages established 530

new battery at, to be completed, . 45, 46, 56

physician at, allowance to, 84

pinnace to be purchased for 324

soldiers at, wages established, . . • 156, 271

store-house to be built at, committee on, . . 437

Index.

763

CASTLE WlLiLilAM^contimied.
victualler at :

allowance to, 8, 491, 602

rate allowed, for victualling, . . . 121, 188
wages allowed Samuel Wilson, soldier at, dur-
ing his sickness, 693

works at, allowance to Col. Richard Gridley for

supervising building of 557

CHAPLAIN.
at Castle William, allowance to, . 119, 485, 596, 710
for commissioners to Quebec, establishment of

wages of 32

to the Council, allowance to, 95, 176, 378, 484, 596,

710 ter
at Fort Frederick, allowance to, . . . .85
lor Fort Massachusetts, authorized, . . .152
on the frontiers where there is no establish-
ment, allowance to, 167

for garrisons on the Eastern frontiers, allowance

to, 381

of the House of Representatives:
allowance to, . 95, 176, 378, 484, 501, 596, 710 ter
CHARLEMONT, Township of.

tax to be assessed upon all lands in, . . . 658
CHARLESTOWN, Town of.
allowance for relief of persons suffering from

smallpox in, 689

deacons of church in, allowance to, for bills of

credit destroyed, 717

ferry-boat between, and Boston, to be laid off, . 609
keeper of powder-house in, allowance to, . . 524
purchase of stone building in, for a powder-
house, 33, 102

CHEBACCO (Second precinct in Ipswich),
collector of taxes to be chosen in, . . .166
petition in regard to ministerial tax in, . . 438
trustees and collectors of, relative to confirma-
tion of proceedings of, . . . 288, 409
CHELSEA, Town of.
certain inhabitants of Lynn and, to be erected

into a precinct 356

taxes in, abatement of, 130

CHICOPEB.
boundary lines of, established, .... 545
to be erected into a precinct, . . 296, 448, 509
CHURCHES. {See Meeting-houses.)

First, in Boxford 425

First, in Middleborough, 430

CLAIMS,
of creditors, relative to, . . . 13, 71, 92, 494
satisfied by land granted to pastor of a church

in Middleborough, 577

to land at Fort Massachusetts, by Schagthicoke

Indians, appointment of committee on, 592
to lands in Hampshire Coimty, by Stockbridge

Indians, relative to, .... 647

to land in Hardwick, petition of an Indian in

regard to, 481

to lands in the Province by inhabitants of New

Hampshire, relative to, . = . . 321
made by the French, relative to, . . 460, 476
CLOTHING.
account of, allowed by committee of war, . 229
for a certain Indian and his wife, to be pro-
vided, 600

for commissioners to Canada, allowance for, 26, 301
for Pigwacket Indians, to be provided, . 273, 359

lost, etc., allowance for 185

purchased for forces at Louisburg, committee

to dispose of, 129, 156

CLOTHING — continued.
sent to Louisburg, Commissary General's ac-
count of, to be forwarded to the Prov-
ince agents, 79

COLLECTORS OF EXCISE,
committee to inquire in regard to non-payment

of excise Ijy 645

Treasurer directed to receive certain notes for

taxes from 563

COLLECTORS OF TAXES,
in Boston, Province Treasurer directed to sus-
pend execution on 549

in Bridgewater, to be chosen, . . . .479
in Concord, impowered to collect ministerial

rates, 365, 468

in Eastham, North precinct, directions to, . 97
in Groton, impowered to collect balance of

assessment, , 436

in Ipswich, Second precinct, to be chosen, . 166
in Middleborough, First parish, to be reim-
bursed, 368

in Newbury, Third parish, impowered to collect, 687
in Plymouth, Second parish, impowered to fin-
ish collecting the tax 154

in Rowley, First parish, impowered to collect

taxes and other dues 481

in Rutland new district, impowered to collect

taxes in, 272

in Titticut precinct, in Middleborough and

Bridgewater, to be chosen, . . ,167

in Walpole, directions to 530

in Ware River Parish, execution against, to be

delayed 665

in Ware River Parish, to be chosen, . . .666
delinquent, relative to executions against, 102, 126,

344, 514
in new district erected out of Sheepscott, direc-
tions to, 717

Treasurer directed to receive certain notes for

taxes from, 563

Treasurer impowered to receive Province bills

from, 608

COLLEGE, HARVARD.
President of, allowance to, . 94, 174, 377, 482, 595
President and Fellows of:
memorial of, in regard to taxes, . . .194
report of committee on petition of, in regard

to taxes 398

professor of divinity at, allowance to, 94, 175, 192,

377, 483, 595
professor of mathematics at, allowance to, 484, 596
COLONY ARMS.

allowance to Moses Deshon for carving, . . 672
COLONY OF CONNECTICUT.
goods and presents to be supplied by, and
Massachusetts Bay and New York, to
secure the alliance of the Six Nations, . 62
COLRAIN, Township of.
fort at, establishment of rates for billeting sol-
diers at 323

fort at, men to be posted at, . . 51, 108, 168, 276
fort at, soldier injured at, allowance to, . . 149
COMMISSARIES,
at Albany :

to render an account of the Province stores, 60
in Canada exijedition :
committee of war to pay, for care of Province

stores at Albany 173

in Louisburg expedition :
accounts of, to be inquired into, ... 9

764

Index.

COMMISSARIES — continued.

in Louisburg expedition — CMjiinwed.
Meletiah Bourn, allowance to, . • .134

Ebenezer Prout, Commissary General to settle

accomit of, 134, 192

Bub-commissary on Eastern frontiers:

Jabez Fox, allowance to 591

Jeremiah Powell, allowance to, . . . 662

sub-commissary in Hampshire Coimty :
William Williams, commission allowed on his

account, 351

sub-commissary on Western frontiers :
Ebenezer Hinsdell, allowance to, . . .86

Josiah Willard, allowance to 86

Josiah W^illard, commission allowed on his

account, 349

COMMISSARY GENEIRAL.

account rendered by, of clothing sent to Louis-
burg, to be forwarded to the Province
agents 79

account rendered by, of provisions, etc., at

Albany, report of committee on, . . 132

accounts of, relative to, . . . 729, 730 bis

allowance to, for disbursements, . • . 187

allowance to, for services, 94 his, 172, 175, 377 his,

484, 485, 597, 711

allowance to, for services and expense of sub-
sisting soldiers, 476

allowance to, out of the truck-trade, for expenses
attendant upon treaty with the Eastern
Indians 555

stores provided for the late war in care of, to

be sold 394

to allow account of truck-master at St. George's

River 131

to allow Capt. William Symmes for provisions

pui-chased for fort at Number Four, . 20

to allow increase in settling IjiUeting accounts

on the Western frontiers, . . . 282

to cause Massachusetts sloop to be fitted up for

use of the Governor 151

to charter a sloop for transportation of whale-
boats 43

to contract for the transportation into Mary-
land of persons arrested on suspicion
of murder, 541

to deliver gun for one damaged, . . .113

to deUver gun for one impressed, . . . 314

to deliver gun for one lost, 17, 44, 59, 199, 203 bis,
204, 211, 213, 215, 216, 217, 218, 223, 227, 230, 231,
247, 268, 270, 274, 281 his, 292, 310, 312, 314,
315 bis, 322, 332, 335, 339 bis, 360, 364, 396, 415,
466

to deliver guns to certain members of the late

garrison at Fort Massachusetts, . .352

to discount in favor of Jeremiah Moulton for

provisions, 410

to pay account of Lieut. Col. Edward Eveleth

for stores and subsistence, . . 384, 435

to pay to .lames Tyler wages due, . . . 158

to provide carriages for cannons at Fort George, 656

to provide clothing for Pigwacket Indians, 273, 359

to provide rum in lieu of beer for Massachu-
setts Frigate, 129

to provide supplies for volunteers, . . .21

to provide for the voyage of Agent Bollan to

Great Britain, 354

to purchase goods for the Indian trade, . . 387

to purchase provisions for blockhouses on

Western frontiers 70

COMMISSARY GENERAL — continued.
to put in suit the bonds of delinquent truck-
masters 46

to retain muster-roll of Capt. Daniel Hill, . . 235
to send arms to Eastern frontiers, . . . 155
to send materials for repairs at Richmond Fort, 455
to send provisions to fort at St. George's River
and Richmond for distribution among

the Indians, 643

to send supplies to Saco for the Indian trade, . 322
to settle account of a commissary with Louis-
burg e.xpedition, .... 134, 192
to settle victualling accoimt of Col. Josiah Wil-
lard, 276

to ship supplies for Mohawk Indians, . . 450
to supply Capt. Bradbury with goods for the

Indians 391

to supply certain forts with provisions, . . 123
to supply a certain Indian and his wife with

clothing, etc., 600

COMMISSIONERS,
of the Corporation for Propagating the Gospel
among the Indians in New England :

allowance to, 488

memorial of, 442

of impost :
to remit duties on prize goods, . . . 205
to return security deposited for duties, . . 204
of Land Bank, to present accounts, . . 129, 431
of the £50,000 loan :

relative to land mortgaged to, . . 253, 273, 298
of the £ 100,000 loan :

relative to, land mortgaged to, ... 218
on loans, etc. :

committee to settle accounts with, . . . 701
on treaty with the Eastern Indians :

allowance to, etc., 283

guard provided for, 296

to Albany, relative to, 151, 157, 159, 544, 547, 548, 555
to Canada :
allowance to, for clothing, etc., . . 26, 301
balance of sum provided for, to be paid into

the treasury 161

redemption of captives by, relative to, 23, 29, 298,

301 bis, 302 bis
transportation of, etc., relative to, . 29, 32, 33

vessel to be chartered or impressed for use

of, 29, 56

to a Congress at New York, relative to,

27, 37, 38, 45, 62
to examine claims against insolvent estates,

relative to 13, 71, 92, 494

to Indians of the Six Nations, allowance to, for

presents, 555

to meet with commissioners from other colo-
nies 62, 68, 70, 72

to run the line between Province of Massachu-
setts Bay and Rhode Island, relative

to 318,367,389

to treat with commissioners fi'om Connecticut
in regard to jurisdiction over certain
towns, appointment of, . . . . 337
to treat with commissioners on the division of

the parliamentai-y award, relative to, . 191
COMMITTEE,
authorized to admit soldiers as settlers in the

West new township at Hoosac, . . 485
for town of Dorchester, remonstrance of, against
liability for repairs on bridge over Ne-
ponset River 593

Index.

765

COMMITTEjE — continued.

impowered to charter or impress a vessel for

commissioners for Quebec, . . .29

impowered to sell shares of delinquent proprie-
tors in Bedford, 180

of West Society in Concord in regard to sup-
port of the ministry, report of, . 196, 252

on accounts of Commissary General, report

of 729, 730 bis

on accounts of Province Treasurer, report of, 609,
611, 613, 614, 617, 619, 621, 623, 685, 698, 723

on affairs at Payquage, report of, . . . 715

on affairs of the Province pending in Great

Britain, report of 313

on annexation of an estate to Medway, report

of, 304

on apportionment of taxes in Salem and Dis-
trict of Danvers, report of, . . . 670

on appraisement of Massachusetts Frigate, re-
port of, 455

on borrowing money for the treasury :

allowance to, 659

to be appointed, 451

appointment of, 599

on boundaries of new precinct in Springfield :

appointment of 509

report of, 545

on boundaries of Rehoboth North Purchase and

Taunton North Purchase, report of, . 517

on boundary between Concord and Acton, re-
port of, 77

on boundary between District of Douglas and

town of Uxbridge, report of , . . . 445

on boundary between Province of Massachu-
setts Bay and New York, appointment
of 660

on boundary between Reading and Stoneham,

report of 505

on boundary between the two precincts in Ber-
wick, report of, 237

on boundary of Sutton (west line), report

of 218

on building meeting-house in Dracut, appoint-
ment of, 116, 135

on building meeting-house in Easton :

appointment of 491

report of 516

expenses of, provided for, .... 520

on building meeting-house in Natick, report

of, 294,442

on building storehouse on Castle Island, ap-
pointment of 437

on burning bills of credit to make inquiry for
twelve bundles of small bills not ac-
counted for 601, 608

on burning government securities, report of, 692, 693

on burning torn and defaced bills of credit, rela-
tive to, 57, 171, 200, 350, 470, 518, 599, 608 bis,
649, 654, 657, 677, 717

on circulation of English half pence and far-
things, report of, 358

on claim of Schaghticoke Indians to land at

Fort Massachusetts, appointment of, . 592

on claims of inhabitants of New Hampshire to

lands in this Province, .... 321

on the collection of arrears of taxes due from
persons set off from Bristol County to
Rhode Island, relative to, . 363, 439, 508

on complaints of Eastern Indians, appointment

of 674

COMbllTT'EE — co7ifi)uied.

on complaints of Indians of Martha's Vineyard,

report of, 52

on complaints of inhabitants of Narragansett

Township Number Two, report of, . 392

on complaints of Mashpee Indians, report of, • 52

on complaints of Nantucket Indians, to visit

island and report 53

on controversy with Connecticut, concerning
jurisdiction over certain towns, relative
to, 76, 460, 476

on the Court House, report of 74

on disposition of Massachusetts Frigate, rela-
tive to, . . 200, 358, 498, 555, 569, 606

on division of lands between the English and
Indians at Stockbridge, member ap-
pointed, 231

on division of polls and estates between First
and South parishes in Ipswich, relative
to, 703

on ejection of intruders on Province lands, ap-
pointment of, 706

on exchange of bills of credit, relative to, 369, 371,
380, 386, 449, 470, 495, 502, 540

on exchange of Province bills, allowance to

clerk of, G02

on farming excise, relative to, 25, 44, 161, 166, 170,
171, 172, 173, 178, 223 bis, 551, 552 qiiater, .553
quater, 554 bis, 565, 589 bis, 634 bis, 635 quater,
636 qttater, 637, 651 bis, 652 bis, 654, 671, 679,
687 bis, 689, 704, 712, 713, 719

on gift to the Province by Sir Peter Warren :

appointment of, 682

report of, 694

on Indian affairs at Stockbridge;
accounts of, allowed, .... 684 ter
report of, 563, 682

on lauds granted by the Province, but forfeited,

appointment of, 705

on legality of a town-meeting in Haverhill, rela-
tive to 115, 160, 168

on letter from Gov. Clinton, New York, report

of 725

on the letter of Col. Williams in regard to St.

Francois Indians, report of, . . . 707

on letters of Casteen and others, report of, . 474

on Lieut. Governor's speech :
conference with Indians proposed by, . . .572
report of, relative to conferences at Albany

and at St. George's, 544

on the £100,000 loan, to make report, . . .473

on measures for relief of German emigrants,

recommendation of, .... 572

on memorial in regard to the medium of trade,

report of, 96, 98

on petition :
of the agents of Titticut precinct, report of, . 317
of certain inhabitants of Bellingham, Hollis-
ton, Medway and Wi'entham, to be
erected into a precinct, relative

to, 159, 201, 226

of certain inhabitants of Chicopee, to be

erected into a precinct, report of, . . 448
of certain inhabitants of First parish in
Ipswich, to be erected into a precinct,

report of, 22

of certain inhabitants of Ipswich and Rowley,

member appointed, 135

of certain inhabitants of Lynn and Chelsea,

to be erected into a precinct, report of, . 356

766

Index.

COMMITTEE — continued.
on petition — continued.
of certain inhabitants of South part of Cam-
l)ridge, to be erected into a precinct, re-
port of 193

of William Collins, report of, . • • • 222
of John D wight of Killingly, Conn., for a grant

of land in this Province, appointment of, 91
of Moses Emerson, commissary, report of, . 173
of the First parish in Methuen, report of, . 592

of Matthias How, report of 643

of Edward Hutchinson and Mrs. Mary Wol-

cot, report of 236

of Joseph Jenkins, and Abigail, his wife, re-
port of 218

of Maj. Lawrence and Capt. Stevens, relative
to disputed jurisdiction between Massa-
chusetts and New Hampshire, report of, 244
of John Liddell and Sarah Liddell, execu-
trix of John Franklin, report of, . . 251

of Isaac Little, report of, 399

of new precinct, erected out of parts of Brook-
field and of Hardwick and New Brain-
tree, report of, 440, 453

of Peter Oliver and others, relative to affairs
in First parish in Middleborough, re-
port of, 392

of John Oulton, report of, .... 360

of Plympton, South precinct, report of, . . 464
of President and Fellows of Harvard College,

report of, 398

of Dr. William Rand, relative to, . . 196, 301
of selectmen of Falmouth, York County, re-
port of 388

of the Third parish in Woburn, report of, . 312
of Mrs. Mary Wolcot, administratrix, and

John Dodge, report of 304

on printing bills of credit, relative to, 171, 187, 204,

221, 359
on providing church and ministerial lands in

the Titticut precinct, . . . .349
on raising the causeway in Cambridge, appoint-
ment of, 252

on qualification of Province Treasurer, relative

to, 693, 695

on redemption of captives, report of, . . 23
on repairs :
at Castle William, relative to, 18, 45, 46, 56, 191,

396, 507, 601, 607

at court house, relative to, 73, 110, 116, 118, 134,

153, 190, 245, 353, 369, 399 Us

at Ughthouse, relative to, . 284, 543, 601, 607, 715

at Province House, relative to, . 490, 601, 607

on sale of land bordering on farm of Jonas

Woodbridge, appointment of, . . 664

on sale of mortgaged lands in Plymouth Countj'

by trustee of £50,000 loan, report of, . 513
on sale of Province lands:
appointment of, . . 516, 548, 551, 644, 696, 698
impowered to execute a deed, . . .')91, 603, 688
Impowercd to take separate bonds of pur-
chasers G88

instructions to 603 his

on securing reimbursement of expense of gar-
rison at Fort Dummer, relative to, 641, 643
on seizures made under any act of the Prov-
ince, appointment of 200

on settlement of Indians of the Six Nations

within the Province, relative to, 488, 504,

563, 567

COMMITTEE — continued.

on the state of the Province Treasury :

appointment of, 654

report of, 572

on stores at Albany, report of 132

on surveying unappropriated Province lands
west of Connecticut River:

appointment of, 522

report of 543

on transportation of commissioners to Quebec,

relative to 29, 32

on valuation of estates, allowance to, . 355, 520

report of, concerning rumored hostile prepara-
tions at Louisburg, 458

report of, confirming the proceedings of a cer-
tain town-meeting in Needham, . . 413

report of, on illegal impressment of Benjamin

Guild 254

report of, on petition of John Miller, . . 280

report of, relative to the anonymous letter re-
ferred to in Governor's message, . . 253

report of, relative to attestation of oaths, . . 267

report of, relative to a treaty with the Eastern

Indians, 510

report of, relative to meetings in the District of

Douglas 288

report of, relative to taking beaver, etc., . . 719

report of, relative to the trial of prisoners sus-
pected of murder of Indians in York
County, 426, 432

to account for bounty money paid for enlisting

soldiers for Canada expedition, . . 40

to consider letter of Agent BoUan, report of, . 572

to determine wages of master and mariners to

navigate Flag of Truce, . . . .33

to disburse bounty, appointment of, . . . 95

to dispose of clothing, etc., purchased for forces

at Louisburg 129, 156

to dispose of warlike stores on board Province

ship 707

to forward the Commissary General's account
for clothing sent to Louisburg to the
Province agents, 79

to inquire into accounts of commissaries on

Louisburg expedition, appointment of, 9

to inquire into accounts of the Land Bank :

appointment of, 501

report, of, 451,453,521

to inquire into the claims of Stockbridge In-
dians to lands in Hampshire County,
relative to, ... 272, 326, 454, 647

to inquire in regard to fulfilment of conditions

of grants in Fall Town, appointment of, 585

to inquire in regard to non-payments of excise

by collectors, appointment of, . . 645

to lay out Province lands near Hoosac for two

townships, 241

to lay out West township of Hoosac, . . . 379

to mark anew the Old Colony Line, relative

to, 149 , 155, 605

to prepare instructions for commissioners to

Albany, appointment of, ... 548

to prepare papers for Agent BoUan, appoint-
ment of, 697

to provide for Mohawks at Stockbridge, account

allowed 569

to provide a new mooring for boat at light-

hotise, 49

to purchase l)uilding in Charlestown for a pow-
der-house 33, 102

Index.

767

COMMITTEE — continued-
to receive accounts for billeting Canada soldiers,

appointment of, 67

to receive evidence as to land titles derived from

Eastern Indians, relative to, . 674, 691, 722
to receive horses sent by Sir Peter Warren, ap-
pointment of 500

to report on petition of Joseph Green and others, 453
to sell Boston Packet, appointment of, . . 156
to settle accounts with commissioners upon

loans, etc., 701

to settle accounts of persons advanced money

for enlisting soldiers, etc., . . . 125
to view Natick, account of, allowed, . . . 428
COMMITTEE OF TVAR.
for Louisburg expedition :
allowance by, for loss of time, wounds, etc. :

to Timothy Barron 48, 164

to Patrick Burn, ... 42, 197, 337, 431

to Clement Chamberlain 58

to Seth Chipman, 91

to Joseph Freeman, jr., . . • H, 310

to Nathaniel Hix, 8

to Thomas Hosmer, jr. 92

to Samuel Hovey, 231

to Moses Hoyt, ... 56, 164, 310, 568

to Terrence Kane 520

to Edward Manchester, . . . .16

to Robert Miller 145

to David Stanwood, 86

to Job Stanwood 8, 114

to Alexander Tarrant 49, 130

to John Wilson, jr. 505

allowance by, to George Gerrish for tools

taken for use of garrison at Louisburg, 264
allowance by, to Jane Hall for medical at-
tendance on her husband, a soldier, . 37
allowance by, for hire of schooner Hopewell, 278
allowance by, to James Pierce, seaman, on

account of sickness, .... 119

allowance to, for services 232

to allow subsistence to soldiers, . . .97
to allow John Ulmer pay as drum-major and

for repairing drums, .... 277
to collect money due for bread purchased of

them, 159

to demand an account from delin(iuent persons
of monies received for the expedition,

etc., 238

to pay administratrix of Dr. Joseph Pierce

for his services as surgeon, . . .245
to pay Dr. John Russell for medical attend-
ance 51

to pay wages due soldiers for service in :
to Capt. Joseph Goldthwait for sickness and
funeral expenses of Lieut. Bazil Dix-

well, 347

to Richard Gridley 452, 515

to Gershom Hamlin 88

to Eleanor Hind, on account of Jabez

Clarke 652

to John Keffe, 367

to Samuel Knowles, for widow of Joseph

Adams 145

to Capt. .James Noble 38

to Eleazar Porter, for benefit of children of

Neso Tawney, 15

to John Spear, father of David Spear, . 311

to Seth Sumner, attorney to Pompey and
wife (heirs to Jesse Covet) , . . . 113

COMMITTEE OF WAR — continued.
for Louisburg expedition — continued.
to pay wages due soldiers for service in —
continued.
to father of Ebenezer Sumner, . . . 401
to mother of Benjamin Southwick, . . 398

to widow of Daniel Crecy 15

to widow of an Indian, 223

to widow of Ebenezer Maxey, . . . 242
allowance by, to Charles Reddian, pilot, of
money and ai-ms on account of his cap-
tivity, 416

impowcred to sell wheat 23

to pay account of Robert Watt for clothing, . 229
to pay commissary in Canada expedition for

care of Province stores at Albany, . 173
to pay expenses of Louisburg expedition from

appropriation for Canada expedition, . 161
to render an account of provisions and stores

purchased for Crown Point expedition, 120
COMPANIES,
allowance for subsisting company raised for

Canada expedition, 156

Capt. Eleazar Melvin and company :
establishment of wages, etc., for, . . . 107

pay for one month allowed to 170

officers and wages of, on the frontiers, estab-
lishment of 152

COMPLAINTS,
of Martha's Vineyard Indians :
against their guardians, report of committee

on, 52

of fraudulent practises in regard to their es-
tates, relative to, ... . 31, 32
in regard to the execution of a deed, relative to, 31
of Mashpee Indians against their guardians,

relative to, 52

of Nantucket Indians against the English, rela-
tive to 11, 53, 270, 571

of Natick Indians against the English in regard

to fishing privileges, relative to, . . 135
of Stockbridge Indians, relative to, . . 326, 454
Joseph Jackson impowcred to file, . . . 664
Thomas Payne impowercd to file, . . 215, 297
John Worthington, attorney to Daniel Edwards

and David Clark, impowered to enter, . 475
CONCORD, Town of.
boundary between, and Acton, report of com-
mittee on 77

session of House of Representatives at, cliap-

lain at, allowance to 710

West society in, relative to taxes in, 196, 2.52, 365, 468
CONFERENCE,
at Albany, relative to, . . . 544, 547, 548, 555
at St. George's River, relative to, . . ,544, 555
at St. George's River, relative to complaints

made by Eastern Indians at, . . . 674

with Indians proposed 296, 572

CONGRESS,
at New York, relative to, . . 27, 37, 38, 45, 62, 68
of the Six Nations at All)any :
commissioners to, allowance to, . . . 1.59
commissioners to, appointment of, . . 151, 157
CONIENGEE INDIANS.

sachem of, allowance for lienefit of, . . . 598
CONNECTICUT, COLONY OP.
boundary between Province of Massachusetts

Bay and, relative to, . 76, 337, 460, 476
commissioners for New York, Province of Mas-
sachusetts Bay and, relative to, 62, 68, 70, 72

768

Index.

108

relative
522, 543, 602

530

208
684

CONNECTICUT, COLONY OF — continued.
goods and presents to be supplied New York,
Massachusetts Bay and, to secure the
alliance of the Six Nations, .
government of, to be desired to send men to

Deerfield and Northfleld,
government of, Governor desired to write to, .
government of, requested to furnish men to

serve on ^Vestern frontiers, .
to be informed as to measures taken for securing
the Six Nations to the British interest, .
CONNECTICUT RIVER,
men to be posted west of, .
plan of Province lands west of,

to,

CONSTABLES,
in Attleborough :
executions against, to be returned, .

to render their accounts,

In Dartmouth, appointment of, confirmed,

in Dunstable, relative to amounts due Province

from 714

in Littleton, appointment of, confirmed, . . 81
in Medfleld, impowered to collect taxes, . . 250
In Natick, impowered to collect taxes, . • 239
in Kehoboth, proceedings of, to be held good

and valid, 722

in Salem, forbidden to collect taxes, . . .486
in Sherburn (Middlesex County), allowance

to 116

in Swansea :
executions against, to be returned, . . . 530

impowered to collect taxes 24

relative to accounts of, 245

in Townsend, impowered to collect taxes, . 576

in Yarmouth, Province Treasurer to discount a

certain sum from tax bill, in favor of, 511
delinquent, relative to executions against, 102, 126,

344, 514
Treasurer directed to receive certain notes for

taxes trom, 563

CONTOOCOOK, Township of.

pay and subsistence of soldiers at, allowed, . 19
COUNCIL.

rent of room for use of, allowance for, . . 338
COUNCILLORS.

list of, 3, 139, 259, 405, 535, 627

COUNTIES.
Barnstable:
courts in, adjourned, 47, 205, 274, 337, 357, 547, 579,

691
farmers of excise in :
committee to choose, . . . 162, 553, 636
David Freeman, appointment of, . . 704
David Gorham, appointment of, . . . 173
Solomon Swift, appointment of, . . . 654
Indians in lower part of, guardians of, ap-
pointment of 700

justices of siiperior court in, impowered to

hear and try a cause 522

treasurer of, account allowed, 9, 279, 439, 546, 639
Bristol :
Charles Church, late sheriff of, relative to
monies and papers in posisession of ex-
ecutors of, .... 100, 363, 439
committee on collection of arrears of taxes
due from persons set off to Rhode
Island from, appointment of, . . . 439
committee to inquire as to taxes due in, . . 363
courts in, adjourned, . . .99, 308, 655

COUNTIES — continued.
Bristol — continued.
farmers of excise in :
committee to choose, . . . 162, 553, 636
Samuel Miller, allowed to settle account

with Province Treasurer, . . .25
Benjamin White, appointment of, . . 687
Samuel White, appointment of, . . 44, 170
judge of probate for, impowered to allow the

division of an estate, . . . .397
judge of probate for, impowered to perfect

settlement of an estate, .... 711
judge of probate for, impowered to provide

for the settlement of an estate, . . 395
justices of court of general sessions in, im-
powered to grant a license, . . . 324
justices of superior court of judicature in, al-
lowance to, for attending trial of rioters

in Bristol County 30

late sheriff of, executors of, to deliver unsat-
isfied executions to the Province Treas-
urer, 100

prisoners in Taunton jail in, vote in regard to, 171
treasurer of, account allowed, . 229, 434, 581, 718
Dukes County :
farmers of excise in :
Gershom Cethcart, appointment of, . 712, 713
committee to choose, . . . 162, 554, 636
Indians in, appointment of guardian of, . 27

treasurer of, account allowed, . . 184, 390, 718
Essex:
commissioners for, of £100,000 loan, relative to

land mortgaged to 218

farmers of excise in :
committee to choose, .... 162, 552
Timothy Fuller, appointment of, . . . 719
Benjamin Prescott, jr., appointment of, 172,634
justices of court of general sessions in, im-
powered to accept bond of Ebenezer

Choate 571

justices of court of general sessions in, im-
powered to accept bond of Stephen Hig-

ginson & Co 586

justices of court of general sessions in, im-
powered to grant a license, 52, 84, 164, 177,
209, 227, 291, 299, 313, 559 bis, 561, 570 bis, 573,
585, 587, 660, 699
justices of superior court in, impowered to

hear and try a cause, . . 103, 237, 515

sheriff of, allowance to 435

sheriff of, petition of, for leave to defend an

action 558

treasurer of, account allowed, . 36, 184, 433, 600
Hampshire :
billeting soldiers in, account of, . . . 136
claims of Stockbridge Indians to lands in,

relative to, 647

committee to survey unappropriated lands in,

appointment of, 522

court of general sessions in, adjourned, . . 36

courts in, adjourned, 163

courts in, vote continuing certain cases in, . 41
farmers of excise in :
Noah Ashley, appointment of, . . .671
committee to choose, . . . 162, 552, 635
Province Treasurer directed to abate sum

due from 588

grant of land in, to Moses Rice, . . .659
judge of probate for, impowered to attest

oaths 267

Index.

769

COUNTIES — continued.
Hampshire — continued.
judge of probate for, impowered to settle the

estate of Daniel Beaman, . . . 372

justices of superior coui't in, impowered to

hear and try a cause, . . . 379, 475
Province lands in, relative to sale of, . 696, 698
sub-commissai'y in, commission allowed

to 351

Township Number Four in, relative to settle-
ment of 409

Middlesex :
court of general sessions in, continued to

next session, 87

courts in, adjourned, .... 210, 309

farmers of excise in :
committee to choose, . . 162, 223, 552, 635

John Hunt, appointment of 651

Elisha Jones, appointment of, . . . 589
Thaddeus Mason, appointment of, . . 171
forces ordered from, to carry ten days provi-
sions, 24

jury to be summoned from, .... 525
justices of court of general sessions in, im-
powered to give a new trial, . . . 470
justices of court of general sessions in, im-
powered to grant a license, 34, 81, 102, 107,
191, 216, 224, 226 bis, 251, 289, 299, 308, 361, 383,
386, 457 bis, 458, 469, 489, 568, 570, 661, 676, 679,
715
justices of inferior court in, Impowered to

hear and try a cause 697

justices of superior court in, impowered to

hear and try a cause 674

prisoners in York County jail to be removed

to jail in 426

relative to selection of a jury from, for trial

of a case in Bristol County, . . . 493
sheriff of, order on petition of, ... 714
superior court in, Foster Hutchinson impow-
ered to enter an appeal in, . . . 590
treasurer of, account allowed, 26, 165, 278, 437, 549,

638
Nantucket :
farmer of excise in :
committee to choose, . . 162, 223, 554, 637
Plymouth :
boundary (Old Colony Line) between Suffolk

County and, relative to, 149, 155, 423, 425, 448,
528, 605, 648
certain towns in, petition of agents of, rela-
tive to proposed court house at Plym-
outh, 219

court of general sessions in, revived and ad-
journed 517

court of general sessions in, Edward Wash-
burn impowered to prosecute his appeal

before, 588

courts in, adjourned, . . .92, 308, 668

farmers of excise in :
committee to choose, . . . 162, 553, 635
Capt. .Joseph .Joslyn :

appointment of, 679

impowered to examine accounts of inn-
keepers, etc 678

Benjamin White, appointment of, . . 687
one quarter part of amount due from, to be

abated, 675

justices of court of general sessions in, im-
powered to grant a license, . . .566

COUNTIES — continued.
Plymouth — continued.

justices of court of general sessions in, im-
powered to receive report of committee
on obstnictions to fishery in Hanover, . 340

justices of court of general sessions in, im-
powered to reconsider their vote in
regard to building a court house at
Plymouth, 219

justices of superior court in, impowered to

hear and try a cause, .... 414

sale of mortgaged lands in, by trustee of

£50,000 loan, relative to 513

treasurer of, account allowed, 49, 169, 284, 433, 539,

639
Suffolk :

boundary (Old Colony Line) between, and

Plymouth County, relative to, 149, 155, 423,
425, 448, 528, 605, 648

certain towns in, order of notice on, relative
to repairs on bridge over Neponset
River • . 593

courts in, adjourned, 61

farmers of excise in :
Capt. Jefiry Bedgood, appointment of, . 166
John Ruddock, appointment of, . . . 565
William Story, appointment of , . . . 689
committee to choose, . . . 161, 551, 634

judge of probate for, impowered to allow com-
missioners more time to receive account
of a creditor, 71

judge of probate for, impowered to appoint

guardians chosen by minors, . . . 586

judge of probate for, impowered to distribute

an estate 13

judge of probate for, impowered to reconsider
the additional account of the adminis-
tratrix of Jonathan Draper, . . . 556

judge of probate for, to pass on the account

of John Fisher, guardian, . . . 503

judge of probate for, petition of, to be relieved

from charge for putting bonds in suit, . 529

justices of court of general sessions in, to give

a new trial, 321

justices of the court of general sessions in,

impowered to grant a license, 46, 73, 104, 193,
194, 195, 197, 303, 309, 441, 443 bis, 444, 446 bis,
467, 576, 591, 666, 670, 677, 680, 682, 705, 716, 725

justices of inferior court in, impowered to
give a hearing in the case of the account
of Sarah Checkley 562

justices of inferior court in, impowered to

hear and try a cause, . . • 360, 397

justices for, to see that repairs are made to

bridge over Neponset River, . . . 633

justices of supei-ior court in, impowered to
admit William Stewart as a party to an
action 526

justices of superior court in, impowered to

confirm a judgment, .... 114

justices of superior court in, impowered to

hear and ti-y a cause, . 44, 82, 371, 676

justices of superior court in, impowered to

proceed upon a complaint, . . .664

relative to selection of a jury from, for trial of

a case in Bristol County, . . . .111

sheriff of, relative to sending out proclama-
tions, etc., by 646

towns in, taxed for repairs of Court House,

110, 527

770

Index.

COUNTIES — continued.
Suffolk — continued.
treasurer of, account allowed, 34, 164, 292, 438,

564, 656
under-sheriff in, petition of, for a new trial, . 278
Worcester :
farmers of excise in:
Duncan Campbell, appointment of, . • 589
John Chandler, jr., appointment of, . • 178
Ezra Taylor, appointment of, . • .651
committee to choose, . . • 162, 552, 635
petition of, in regard to collection of excise
in Woodstock, Conn., . . • -545
justices of court of general sessions in, im-

powered to grant a license, . 307, 510, 577
justices of inferior court in, impowered to

hear and try a cause 643

Province lands in, relative to sale of, 642, 644,

688 bis
treasurer of, account allowed, 9, 143, 268, 412, 539, 639
York :
certain persons arrested in, on suspicion of
having committed murder in Maryland,
to be returned there, .... 540
certain prisoners in jail in, on suspicion of
murder of Indians, to be removed to
Middlesex County jail, . . . 426 bis
farmers of excise in :
committee to choose, . . . 162, 553, 636
Jeremiah Moulton, jr., appointment of, . 652
Capt. Jeremiah Moulton, appointment of, . 652
forces posted in, etc., pay roll allowed, . . 380
fort at Falmouth in, allowance to engineer for

projecting and building, ... . 498

grant of land in, to John Dennis, . . . 679
jail in, relative to guard for, . . 318, 388, 396
judge of probate for, impowered to receive
additional account of Nathaniel Ger-

rish, jr. 18

justices of court of general sessions in, im-

powei'ed to grant a license, . . 33, 667
justices of superior court in, impowered to

hear and try a cause, .... 365
measures to be taken for the care and relief

of certain Indians in, ... . 317
men to be raised in, for defence of frontiers, 434
militia of Falmouth in, to l)e ordered to assist
oificer charged with execution of a war-
rant for apprehension of Benjamin and

Richard Holbrook 330

petition for jury from anotlier county to try

case in 648

prisoners in jail in, charged with murder of
Indians, report of committee regarding

trial of 426,432

sheriff of, petition of, for leave to bring a

writ of scire facias, 499

special court of assize held in :
allowanceto justices for attendance at, . 491
allowance to Samuel Winthrop, clerk of the
superior court, for attendance at, . . 495
special court to be held in, for trial of persons

suspected of murder of Indians, . . 317
superior court in, Zachariah Bracket, of Ips-
wich, authorized to defend title to land

at 265

treasurer of, account allowed, 26, 270, 427, 545, 640
COUNTY TREASURERS.

Barnstable, accounts allowed, . 9, 279, 439, 546, 639
Bristol, accounts allowed, . . 229, 434, 581, 718

COUNTY TREASURERS — continued.
County of Dukes County, accounts allowed, 184, 390,

718
Essex, accounts allowed, . . .36, 184, 433
Middlesex, accounts allowed, 26, 165, 278, 437, 549,

638
Plymouth, accounts allowed, 49, 169,284,433,539,639
Suffolk, accounts aUowed, . 34, 164, 292, 438, 564, 656
Worcester, accounts allowed, 9, 143, 268, 412, 539, 639
York, accounts allowed, . 26, 270, 427, 545, 640
COURT. OF ASSIZE AND GENERAL
GOAL DELIVERY.
special, in York County :
allowance to justices for attendance at, . . 491
COURT HOUSE.
allowance to Benjamin Gorhani notwithstand-
ing original order, was burned in, . 154
at Camljridge, to be built with money received

from Sir Peter Warren, . . . 499, 500
at Plymouth, justices of court of general ses-
sions impowered to reconsider vote in

regard to building 219

destruction of, report of committee on, . . 74
new, relative to building of, 72, 73, 107, 110, 116, 118,
134, 153, liH), 245, 353, 369, 399 bis, 527
old, walls of, to be made secure, . . .78

relative to papers lost by Ijurning of, . 78, 159

COURT RECORDS.

duplicate, relative to making, ... 74, 75
COURTS,
in Barnstable County:
adjournment of, 47, 205, 274, 337, 357, 547, 579, 691
justices of superior court, impowered to hear

and try a cause, 522

in Bristol County :
adjournment of, .... 99, 308, 655

justices of the court of general sessions, im-
powered to grant a license, . . . 324
justices of superior court of judicature, etc.,
allowance to, for services in attending

trial of rioters, 30

in Essex County:
justices of court of general sessions, im-
powered to accept bond of Ebenezer

Choate, 671

justices of court of general sessions, impow-
ered to accept bond of Stephen Higgin-

Bon & Co 586

justices of court of general sessions, impow-
ered to grant a license, 52, 84, 164, 177, 209,
227, 291, 299, 313, 559 bis, 561, 570 bis, 573, 585,
587, 660, 699
justices of superior court, impowered to hear

and try a cause, . . . 103, 237, 515
In Hampshire County :

adjournment of, 163

court of general sessions, adjournment of, . 36
justices of superior court, impowered to hear

and try a cause, .... 379, 475
vote continuing certain cases in, . . . 41
in Middlesex County:

adjournment of, 210, 309

court of general sessions, continued to next

session, 87

justices of court of general sessions, impow-
ered to give a new trial 470

justices of court of general sessions, impow-
ered to grant a hcense, 34, 81, 102, 107, 191,
216, 224, 226 bis, 251, 289, 299, 308, 361, 383, 386,
457 bis, 458, 469, 489, 568, 570, 661, 676, 679, 715

Index.

771

COURTS — continued.
iu Middlesex County — continued.

justices of inferior court, Impowcred to hear

and try a cause 697

justices of superior court, impowered to liear

and try a cause 674

superior court, Foster Hutcliinson impow-

ergd to enter an appeal in, . . . 590
in Plymouth County :

adjournment of 92, 308, 668

court of general sessions, revived and ad-
journed 517

court of general sessions, Edward Wash-
burn impowered to prosecute his appeal
before, 588

justices of court of general sessions, impow-
ered to grant a license 566

justices of court of general sessions, impow-
ered to receive report of committee on
obstructions to fishery in Hanover, . 340

justices of court of general sessions, impow-
ered to reconsider their vote in regard
to building a court house at Plymouth, 219

justices of superior court, impowered to hear

and try a cause, 414

In Suffolk County;

adjournment of, 61

justices of court of general sessions, impow-
ered to give a new trial 321

justices of court of general sessions, impow-
ered to grant a license, 46, 73, 104, 193, 194,
195, 197, 303, 309, 441, 443 bis, 444, 446 bis, 467,
576, 591, 666, 670, 677, 680, 682, 705, 716, 725

justices of inferior court, impowered to give
a hearing in the case of tlie. account of
Sarah Checkley 562

justices of inferior court, impowered to hear

and try a cause, .... 300, 397

justices of superior court, impowered to admit

William Stewart as a party to an action, 526

justices of superior court, impowered to con-
firm a judgment 114

COURTS — continued.
in SiilfolU County — continued.
justices of superior court, impowered to hear

and try a cause, . . 44, 82, 371, 676
justices of superior court, impowered to pro-
ceed upon a complaint, .... 664
in Worcester County :
justices of court of general sessions, impow-
ered to grant a license, . . 307, 510, 577
justices of inferior court, impowered to hear

and try a cause 643

in York County :
justices of court of general sessions, impow-
ered to grant a license, . . .33, 667
justices of superior court, impowered to hear

and try a cause, 365

special, allowance to Samuel Winthrop, clerk
of the superior court, for attendance

at 495

special, to be held for trial of persons sus-
pected of murder of Indians, . . 317
special court of assize, allowance to justices

for attendance at 491

superior court, Zachariah Bi-acket, of Ips-
wich, allowed to defend title to land

at 265

justices of superior court of judicature, etc.,

allowance to, . 93, 173, 376, 482, 594, 708

relative to matters pending before, that are

adjourned, 842

CREDITORS,
of estates:

of Robert Galton 494

of John Snow of Boston, ... 71, 92

of Gyles du Lake Tidmarsh, . . . .13
CRIMES,
murder of Indians in York County, relative

to, . . . 317, 324,330, 426 6ts, 432
CROWN POINT EXPEDITION.
committee of war to render an account of pro-
visions and stores purchased for, . . 120
troops to be raised for, 62

DAMAGE.
by cattle, petition of inhabitants of Duxbury,

in regard to, 587

to llax, allowance to Moses Rice for, . . .117
DAMARISCOTTA, Township of.

men to )ie posted at, 109

DAN VERS, District of.

meeting to be called at, 600

tiixes iu, apportionment of 670

DARTMOUTH, Town of.
certain inhabitants of, and of Rochester, Free-
town and Middleborough, with their
estates, to be annexed to the new pre-
cinct, 441

certain inhabitants of, and of Rochester, Mid-
dleborough and Tiverton, with their
estates, erected into a precinct, . . 54
constable in, appointment of, confirmed, . . 684
Hix's ferry in, tolls over bridge at, estal>lished, 471
village of Acushnet in, erected into a pre-
cinct, 57

DEBTS,
of Province, Treasurer to pay, with money

received from lottery, . . . .561

DEBTS — continued.

sale of land to pay, allowed, 10, 11, 39 bis, 42, 43, 50,
61, 85, 106, 122, 177, 303, 306, 319, 325, 341 bis,
342, 344, 348, 363, 866, 868, 419, 428, 429, 449,
459, 462, 465 bis, 495, 496, 502, 504, 524, 575,
582, 583, 604, 655, 656, 663, 675, 681, 698, 700,
726 J?is
DEDHAM, Town of.

westerly part, inhabitants of, with their estates,

erected into a precinct, .... 186
DEED.

confirmation of, by a minor 461

fraudulent, relative to Indian lands obtained

by, 31 bis, 32

of land near Road Town, committee impowered

to execute, 591

power to execute, granted, 10, 50, 102, 117, 153, 180 bis,
181, 187, 188, 206, 229, 236, 239, 248, 264, 291, 297,
303, 306, 307, 310, 325, 351, 363, 382, 383, 384, 418,
419, 428, 462 bis, 463, 465, 467, 502, 504, 511, 512,
581, 582, 583, .591, 597, 604, 632, 633, 638, 650, 653,
661, 663, 667, 668, 675, 681, 688, 700

of release, administratrix of James Cowden

impowered to execute, .... 179

772

Index.

DEED — continued.
of release, administratrix of Ammi Ruhamah

Cutter impowered to execute, . • 199
DEERFIELiD, Town of.
Ijilleting Canada soldiers at, allowance for, . 104

men to be posted at 51, 108, 168

DIAMOND, the sloop,
pilot on, allowance of money and arms to, on

account of his captivity 416

DIGHTON, Town of.

power to call town-meeting at, . . . .554
DISTILLERS.
Joseph Greenleaf and Jonathan Prescott, Bos-
ton, granted a license to retail spirituous

liquors, 197

William Hickllng, Boston, granted a license to

retail spirituous liquors, . . . -576
David Wyer, Charlestown, granted a license to

retail spirituous liquors 676

DISTRICTS.
Danvers :

meeting to be called at, 600

taxes in, apportionment of, ... • 670
Douglas :
boundary between, and town of Uxbridge,

relative to, . ' 445

certain irregular meetings held in, relative

to 266, 277, 288

petition of certain persons in town of Ux-
bridge to be set back to, .... 466
tax assessed on all lands in, . . . -702
time for collection of tax on unimproved land

in, extended, 368

New Braintree :

assessment of taxes in 663

part of Hardwick and part of Brookfleld, and

erected into a 475, 518

to be provided with Province Laws, . . 680
Southampton :

to be provided with Province Laws, . . 680
The Elbows :

first -meeting to be called at 637

new, erected out of part of nortli parish in

Haverhill 713

new, erected out of Sheepscott, .... 717
new, in Groton, to be provided with Province

Laws 680

new, in Rutland :

erected 234

tax to be assessed on aU land in, . . . 272
to be provided with Province Laws, . . 680
DOORKEEPER.
to the Governor and General Court :
allowance to, . 95, 196, 279, 378, 478, 484, .596, 712

appointment of, pro tempore 53

DORCHESTER CANADA (Ashburnham).
proprietors' rights in, guardians of minors im-
powered to sell, 319

DORCHESTER, Town of.
remonstrance of committee for, against liability
for repairs on bridge over Neponset

River 693

DOUGLAS, District of.
boundary between, and town of Uxbridge, rela-
tive to, 445

certain irregular meetings held in, •relative

to 266,277,288

petition of certain persons in town of Uxbridge

to be set back to 466

tax assessed on all lands in 702

time for collection of tax on unimproved land

in, extended, 368

DOWER, EIGHT OF.

allowed to Mary Bent, 464

Sarah Mead, petition of, for authority to sell

land acquired under, .... 667
DRACUT, Town of.

meeting-house in, committee in regard to, 116, 135
DRUMS.

repair of, allowance for 277

DUDLEY INDIANS.

guardians of, appointment of, . . . 39, 706
DUKE OF CUMBERLAND, the ship.

to be prepared for a hulk 61

DUKES COUNTY, County of.
farmers of excise in :
Gershom Cethcart, appointment of, . 712, 713

committee to choose 162, 554, 636

Indians in, appointment of guardian of, . . 27
treasurer of, account allowed, . . 184, 390, 718
DUMMER, FORT.
Josiah Willard, truck-master at :

credit allowed to, 86

sum expended relative to defence of, allowed, 90
billeting soldiers at, allowance for, . . . 276
expense of garrison at, committee on reim-
bursement of, 641, 643

garrison at, pay and subsistence of, to be con-
tinued, 181, 254

men to be posted at, . . . 108, 264, 334, 423

soldiers at, establishment for 598

subsistence allowed Lieut. Dudley Bradstreetat, 170
DUNSTABLE. Town of.
certain families in, to be annexed to second pre-
cinct in Groton 577

certain inhabitants of Groton to l)e annexed to, 12
meeting-house in, vote on petition of inhabi-
tants in regard to 282

relative to delinquent constables and collectors

of 714

taxes to be deducted from Groton and added to, 245
DUTIES.

on prize goods remitted 205

DUXBURY, Town of.
petition of inhabitants of, in regard to damage

by cattle, etc 587

EASTERN" FRONTIERS.
allowance on account of loss of time, wounds,
etc., while in service on :

to John Davis, 90, 590, 726

to Edmund Phinney, 59

to William Thorn, 145

allowance to Stephen Boynton, for wages, etc.,

for service on, , 312

EASTERN FRONTIERS — contimted.

allowance to Al)uer Hall for losses sustained

l>y burning of the garrison on, . . 213

ammunition for, to be provided, .... 434

arms for soldiers on. Commissary General to

send, 155

bounty for men enlisting for service on, estab-
lished 89, 143

Index.

773

EASTERN FRONTIERS -cojiifwted.
Canada forces on, relative to payment of, . 74

forces on, relative to, establishment for, 50, 108, 167,
264, 291, 334, 423, 434, 598
men to be raised in Falmouth for defence

of, 434

new township on, grantees of, allowed further

time for settlement of 695

relative to annual presents for Indians on, . 567
relative to plan of, to the St. Croix River, 451, 453,

507
soldiers on, allowance to, for deficiency in pay, 58
stores on board sloop Massachusetts to be

shipped for use on 149, 151

Bub-commissary on :
Jabez Fox, allowance to, for storage of pro-
visions, etc., 591

Jeremiah Powell, allowance to, . . . 662
surgeon for, services of, allowed, . . . 158
troops on, vote in regard to re-inforcement of, 16
wages due William Hodges while in service on,

to be made up by Capt. Bean, . . 657
wages due soldiers on, allowed :
to Elisabeth Carpenter for her son Edward

Carpenter, 70

to Ebenezer Holmes, 401

to James Tyler 158

EASTERN INDIANS,
blankets to lie presented to messengers sent to

Canada in behalf of 342

commissioners on treaty with, guard provided

for 296

committee to receive evidence as to land titles

derived from, relative to, . 674, 691, 722
presents for, relative to, . . 450, 544, 555, 567
provisions for the relief of, to be removed from

George Town to Fort Richmond, . . 342
relative to conference with, . . . 544, 555

treaty with, report of committee relative to, . 510
EASTHAM, Town of.
Indians in, guardians of, appointment of, . 39

north precinct in, agents to give certificates of

freedom from smallpox in, . . .43
north precinct in, taxes collected to be dis-
tributed to families who had suffered

from smallpox, 97

EASTON, Town of.
meeting-house in, relative to building, 468, 491, .516,

520
ECCLESIASTICAL COUNCIL
memorial of Rev. Thomas Weld, pastor of First
Church in Middleborough, complaining

of proceedings of 430

EDUCATION.

of Mohawk Indians, relative to, . . . 450, 563
ELBOWS, THE, District.

first meeting to be called at, .... 637
EMIGRANTS, GERMAN,
blankets and beds for, Commissary General

directed to supply, 573

measures for relief of, recommended, . . 572
ENFIELD, Town of.
commissioners of this government to meet with
commissioners of Connecticut concern-
ing jurisdiction of, and certain other
towns, appointment of, . . . . 337

failure to collect excise in, 588

relative to complaints of, and of Woodstock,
Suffleld and Somers, concerning juris-
diction 76

ENGLISH MONEY.

committee in regard to circulation of, . . 358
ENGLISH PRISONERS,
redemption of Timothy Whitten, allowance to

Capt. Phineas Stevens for, . . . 679

victualling, allowance for, 359

ENLISTMENT OR IMPRESSMENT,
of men to serve at :

Amaconging 109

Arundel, 109

Ashuelots, 51, 108, 276

Berwick, 109

Biddeford, 109

Blaudford, 108, 152

Brown's, 108

Brunswick, 109

Colrain, 51,108,276

Damariscotta, 109

Deerfield 51, 108

Fall Town 51, 108, 276

Falmouth, York County, 109

on frontiers east of 434

Georgetown, Arrowsick Island, . . . 109

Gorhamtown, 51, 109

Green River Lands 108

Kittery, out garrisons 109

Lunenburg, out garrisons 108

Morrison's blockhouse, 108

Narragansett Township Number Two, . . 108
New Hampton (South Hampton), . . 108, 152

New Marblehead, 51, 109

New Meadows 109

New Salem 108

Nichewoag, 108

Northfield, 51, 108, 152, 276

North Yarmouth, 109

Number One (Tyringham), .... 108
Number Two (New Marlborough), . . .108

Payquage, 51, 108

Phillipstown 51, 434

Road Town 108

Saccarappa, 109

Saco River, blockhouse and truckhouse

at 51, 109

Scarborough 109

Sheepscott, 109

Sheflield, 108

Stockbridge 108

Topsham, 109

Townsend, out garrisons, .... 108

WeUs 109

Wiscasset, 109

York 109

towns and settlements from Salmon Falls to

Damariscotta River, . . . .51
Forts :

Fort Dummer, 108

Fort George, 51, 109

Fort Massachusetts, . . . .51, 108
Fort Massachusetts, blockhouses to the east-
ward of, 51

Fort at Number Four, . . . .51, 276

FortPelham, 108

Fort Pemaquid or Fort Frederick, . 51, 109

Fort Richmond 51, 109

Fort at St. George's River (fort blockhouse

and truckhouse) 51,109

Fort Shirley, 108

EQUIVALENT LANDS,
petition of proprietors of Tyngs Town for, . 519

774

Index.

ESSEX COUNTY.
commissioners for, of the £100,000 loan, relative

to land mortgaged to 218

farmers of excise in:
committee to choose, .... 162, 552, 634
Timothy Fuller, appointment of, . • • 719
Benjamin Prescott, jr., appointment of, • 172

justices of court of general sessions in, impow-

ered to accept bond of Ebenezer Choate, 571
justices of court of general sessions in, impow-

ered to accept bond of Stephen Hlggin-

son & Co., . " 586

justices of court of general sessions in, impow-

ered to grant a license, 52, 84, 164, 177, 209,

227, 291, 299, 313, 559 bis, 561, 570 bis, 573, 5&5,

587, 660, 699
justices of superior coiirt in, impowered to hear

and try a cause, . . . 103, 237, 515

sheriff of, allowance to, 435

sheriff of, petition of, for leave to defend an

action 558

treasurer of, account allowed, . 36, 184, 433, 600
ESTATES.

of Bailey 307

of Nathaniel Ball 291

of Daniel Beaman 372

of Joseph Belcher, 61

of Samuel Berry, 497

of Joseph Blake, Boston 604

of Nathan Blodget, 332

of John Breed 248

of Nathaniel Breed 307

of Seth Brooks 512

of Stephen Bucknam 180

of John Burt, 208

of Noah Butterworth 397

of Samuel Caswell, 338

of Ephraim Churchill 236

of Samuel Churchill 582

of Jonathan Clary, 584

of James Cowden, 179

of Nathaniel Cunningham, 221

of George Curwin, 239

of Amml Ruhamah Cutter, . . . .113,199

of Job Davis 583

of John Deunie of Boston, 599

of Jonathan Draper 556

of Joseph Dwelley 675

of .John Eastabrooke, 504

of Benjamin Eaton, 575

of Nathaniel Fearing, 549

of Benjamin Floyd, 306

of Henry Franklin, . . 251, 280, 290, 362, 447
of John Franklin, . . . 251, 280, 290, 362, 447

of Nathaniel Gerrisb, 18

of James Godman, 581

of Robert Harris 586

of Isaac Hawes, 344

of Jacob Hitchcock, 126, 153

of Rev. Nehemiah Hobart, 418

of Samuel Hodges 711

of Richard .Tames, jr., 465

of Ebenezer Kendall 419

of Samuel Kendall, 419

of John Lawrence, 650

of Thomas Little 181

of John Makepicce 465

of Thomas Marcli 664

of Amos Muzzy 665

of Paschal Nelson 55

ESTATES — continued.

of Capt. Andrew NeweU 50

of George Nowell, 221

of John Overing, 698

of Samuel Phips 187

of Rev. John Prentice, 366

of John Prescott, 382

of Moses Prince, 102

of Elisabeth Proctor 632

of Isaac Richardson, 438

of John Ripley, 210

of .Joseph Rocket, jr 303

of Rev. John Sargent 524

of Seth Sears, 510

of Capt. .John Sheple 117

of William Shillaber, 363

of Adam Smith 681

of .James Snath 381

of .John Stacey 25

of John Stoddard 264

of Simon Stone 461

of Abraham Tilton 384

of Peun Townsend, 375

of Abigail Treat 114

of John Vassall, 726

of Thomas Verien, 128

of Ichabod Wade, 43

of Philip Walker, 395

of William Warner, 274

of John Whittemore, 460

of Samuel Willard 305

of .Joseph Williston 306

of Ephraim Witherby 177

of John Wolcot, .... 58, 237, 290, 304

of Benjamin Wright 11, 106

ESTATES, INSOLVENT.

of Robert Galton, 494

of Stephen Fessenden, 297

of Nathaniel Gerrish, jr., .... 449, 493

of Samuel and .Joseph Gerrish 562

of .Joseph Newton, jr. 361

of .John Snow 71, 92

of Gyles du Lake Tidmarsh, . . . .13
ESTATES, INTESTATE.

of Nathaniel Bradford 633

of Henry Bright, 661

of Nathaniel Brown 638

of William Dudley 206

of Edward Richardson 667

of Capt. John Ruggles 286

of Jonathan Sewall 428

of Mitchel Sewall, 428

of Jonathan Sibley 310

of Samuel Wilson, 656

of Isaac Woolson, 325

ESTATES, RATEABLE,
in Natick, valuation of, allowance to Thomas

Greenwood for taking, . . . 311,383
in Natick, valuation of, allowance to John

Sawen for taking 383

in Natick, valuation of, to be taken, . . . 131
in the several towns, valuation of, allowance to

clerks for prejiaring, .... 355
taxes on, apportionment of, allowance to com-
mittee for, 520

EXCISE,
on liquor, etc., construction of the act in regard

to 427

Pi'ovince Treasurer to stay collection of, in

Woodstock 546

Index.

77/

EXCISE — continued.
on tea, coffee, etc., venders to give sufficient

bonds to pay duties of 556

EXCISE, COLLECTORS OF.
committee to inquire in regard to non-payments

of excise by 645

treasurer directed to receive certain notes for

taxes, from, 563

EXCISE, FARMERS OF.
in Barnstable Count}':

connnittee to choose 162, 553, 636

David Freeman, appointment of, . . . 704
David Gorham, appointment of, . . . 173
Solomon Swift, appointment of , . . . 654
in Bristol County :

committee to choose 162, 5.53, 636

Samuel Miller, allowed to settle account with

Province Treasurer, . . . .25
Benjamin White, appointment of, . . . 687
Samuel White, appointment of, . . 44, 170
in County of Dukes County :
committee to choose, . . . 162, 554, 636

Gershom Cethcart, appointment of, . 712, 713

In Essex County :
committee to choose, .... 162, 5.52, 634
Timothy Fuller, appointment of, . . . 719
Benjamin Prescott, jr., appointment of, . . 172
in Hampshire County :
committee to choose, .... 162, 552, 635
Noah Ashley, appointment of , . . . . 671
Province Treasurer directed to abate sum due

from .588

in Middlesex County :
committee to choose, . . 162, 223, 552, 635

John Hunt, appointment of, . . . . 651

Elisha Jones, appointment of 589

Thaddeus Mason, appointment of, . . . 171
in Nantucket County :

committee to choose, . . 162, 223, 554, 637

in Plymouth County :

committee to choose 162, 553, 635

Capt. Joseph Joslyn :

appointment of 679

to examine accounts of innkeepers, etc., . 678
Benjamin White, appointment of, . . . 687
one quarter part of amount due from, to be

abated, 675

in Suffolk County :
committee to choose, .... 161, 551, 634
Capt. Jeffry Bedgood, appointment of, . . 166
John Ruddock, appointment of , . . . 565
William Story, appointment of, . . . 689
In Worcester County :
committee to choose, . . . 162, 552, 635

Dftncan Campbell, appointment of, . . 589

John Chandler, jr., appointment of, . . 178
Ezra Taylor, appointment of, . . . . 651
petition of, in regard to collection of excise

in Woodstock, Conn. 545

in York County :
committee to choose, . . . 162, 553, 636
Jeremiah Moulton, jr., appointment of, . . 652
Capt. .Jeremiah Moulton, appointment of, . 652
delinquent, Province Treasurer to sue, . . 501
EXECUTIONS.
stay of, 13, 40, 47, 53, 82, 83, 88, 132, 148, 196, 241, 242,
273, 278, 286, 290, 293 bis, 297, 301, 335 bis, 371,
375, 379, 397, 435, 440, 444, 445, 447, 469, 503, 515,
519, 522, 529, 599, 650, 706
stay of, for costs 249

EXECUTIONS — continued.
against collector of taxes in Ware River Par-
ish, to be delayed, 605

against constables :
in Attleborough, to be returned, . . . 530

in Attleborough, to be stayed 208

in Swansea, to be returned, .... 530

in Swansea, to be stayed, 245

against constaljles and collectors, relative to

issuance of, 344

against delinquent constables or collectors, to

be issued, 102, 126

against Ebenezer Terry, discount on, allowed, 269
alias, on a judgment, to be issued, . . .179
John Colman allowed to take out an alias, . 79
order suspending, on the collector of taxes in

Boston, 549

Province treasurer to issue, against the follow-
ing persons :

Isaac Bennet 722

Amos Binney, 721

John Hooper 727

David Loring 72I

James Loring 721

Samuel Pray, 720

Thomas Swift, 721

Timothy Townsend 720

relative to, and papers received from the ex-
ecutors of the late sheriff of Bristol

County 439

unsatisfied, to be delivered to the executors of

the late sheriff of Bristol County, . . 100
EXECUTOR OR ADMINISTRATOR,
of Nathaniel Ball, impowered to sell land and

execute a deed, 291

of Daniel Beaman, petition of, in regard to set-
tlement of an estate, .... 372
of Ephraim Churchill, impowered to execute a

deed 236

of Jonathan Clary, allowed wages due said
Clary for services in Louisburg expe-
dition, • . 584

of Nathaniel Cunningham, writ of review to be

served upon 221

of Benjamin Eaton, impowered to sell part of

an estate, 575

of Stephen Fessenden, to sell land, . . . 297
of Henry Franklin, relative to suit of, 251, 280, 290,

362, 447
of Isaac Hawes, impowered to sell hind, . . 344
of Dearing Jones, impowered to sell land, . 10
of Paschal Nelson, appointment of John Steel

"as joint, 55

of Benjamin Osgood, allowed his wages, etc., . 281
de bonis non, of Abigail Treat Paine, petition

of, for coniirmation of a judgment, . 114
of Thomas Paine, impowered to file a com-
plaint 215,297

of Mary Palmer, account allowed, . . . 247
of Rev. John Prentice, impowered to execute a

deed 366

of Isaac Richardson, impowered to eeU land, . 438
of .Joseph Rocket, jr., impowered to sell land, . 303
of Jonathan Sibley, impowered to sell land, . 310
of Capt. Ebenezer Winchester, petition of, . 18
of Ephraim Witherby, impowered to sell

land, 177

of Benjamin Wright, impowered to sell land, 11, 106
of Jonathan Boyden, petition of, in regard to

an error in a judgment, . . . 514, 550

776

Index.

EXECUTOR OR ADMINISTRATOR

— cuniinucd.
of Nathaniel Fecaring, impowered to collect
money due him as trustee for £60,000

loan, 549

of Benjamin Floyd, impowered to sell land, . 306
of Samuel and Joseph Gerrish, rehearing or-
dered to settle account due from Sarah

Checkley to 562

of Capt. John Ruggles, allowed bounty and bil-
leting money due him 286

of Capt. John (Jonathan) Sheple, impowered

to execute a deed, 117

of Joseph Belcher, impowered to sell land, . 61
of Nathaniel Breed, impowered to sell land, . 307
of Samuel Caswell, impowered to sell land, . 338
of James Cowden, impowered to execute a deed

of release 179

of Ammi Ruhamah Cutter, impowered to exe-
cute a deed of release, .... 199
of Job Davis, impowered to sell land, . . 5S3
of Jonathan Draper, additional account of, to

be reconsidered 556

of William Dudley, impowered to sell land, . 206
of William Fiske, impowered to sell land, . 700

of Nathaniel Gerrish [jr.], petition of, in regard

to an additional account, . . .18
of Nathaniel Gerrish [jr.], petition of, to sell

land 449,493

of William Hix, order on petition of, for toll

over bridge at Hix's Ferry, . . . 471
of John Lawrence, impowered to sell land, . 650
of John Makepiece, impowered to sell right to

land 465

of Amos Muzzy, impowered to reconvey an

estate, 665

of Samuel Phips, impowered to sell land, . . 187
of Dr. Joseph Pierce, allowance to, for his ser-
vices as surgeon 245

of Moses Prince, impowered to sell land, . . 102
of Samuel Kendall and Ebenezcr Kendall,

impowered to sell land, .... 419
of Josiah Read, allowance to, for gun lost in

service 172

of Jonathan Sewall, impowered to sell land, . 428
of Mitchel Sewall, impowered to sell land, . 428
of William Shillaber, impowered to execute a

deed, 363

of James Smith, petition of, for confirmation of

partition of land, 381

of Oliver Smith, impowered to execute a lease

of land, 669

and guardian of John Stoddard impowered to

execute a deed, • . . . . 264
of Simon Stone, impowered to survey and lay

out land, 461

of Abraham Tilton, impowered to execute a

deed, 384

of Samuel Willard, impowered to sell land, . 305
of Joseph Williston, impowered to sell land, . 306
of Samuel Wilson, impowered to sell land, . 656
of Isaac Woolson, impowered to sell land, . 325
of John Wolcot, petition of, for writ of review, 58
of Samuel Churchill, impowered to sell part of

estate -582

of Daniel Lovett, allowed wages due son of

said Daniel 270

of Thomas March, impowered to file a com-
plaint 664

of John Overing, impowered to sell land, . . 698

EXECUTOR OR ADMINISTRATOR

— continued.

of John Stacey, proceedings against for fraudu-
lent dealings 25

of Gyles du Lake Tidmarsh, petition of, rela-
tive to report of commissioners, . . 13

of Penn Townsend, impowered to sell land, . 375

of Charles Church, late sheriff of Bristol
County, relative to moneys and papers
in possession of, . . . 100, 363, 439

of Jacob Hitchcock, impowered to sell land, 126, 153

of John Vassa 11, impowered to sell land, . .726

of William Warner, impowered to sell land, . 274

of Samuel Berry, impowered to execute a

deed, 497

of John Franklin, relative to petition of, 251, 280,

290, 362, 447

of Richard James, jr., impowered to sell

land, 465

of Capt. Andrew Newell, impowered to sell

land, 50

of Adam Smith, petition of, for authority to '
sell estate 681

of James Billings, allowed a gun, . . . 339

of John Dennie, relative to petition of, . .599

of John Wolcot to bring forward a writ of

review, 237, 304

petition of, for a new trial, .... 290
EXPEDITION AGAINST INDIANS.

whale-boats for

EXPEDITION, CANADA.

allowance to Capt. Thomas Cheney for services,
etc., in

allowance to Commissary General for services,
etc., in

allowance for victualling a company in, .

committee of war :

to call persons to account for stores received

for, or Crown Point, ....

to lay before the Court account of provisions

and stores purchased for expedition

against Crown Point, ....

to pay commissary in, for care of Province

stores at Albany

petition of Ebenezer Terry in regard to enlist-
ing soldiers for,

relative to billeting accounts of soldiers in, 67, 72,
107, 123, 130, 133, 136, 157, 225, 268

relative to bounty lor enlisting men for, . . 40

relative to proposed 64

relative to settlement of accounts of persons
who received money to enlist soldiers
for 125

subsistence allowed Zachariah Dwinell, soldier

in, 121

EXPEDITION, CROWN POINT.

committee of war to render an account of pro-
visions and stores purchased for, . . 120

troops to be raised for, 62

EXPEDITION, LOUISBURG.

account of Lt. Col. Edward Eveleth for \vages,

subsistence, etc., allowed, . 384, 435, 584

account of Ebenezer Prout, sub-commissary

in. Commissary General to settle, . 134, 192

accounts of commissaries in, committee to in-
quire into, 9

allowance to widow of Capt. Israel Bailey for

his services in 490

allowance to Anthony Glazier for services in

connection with 399

476
156

183

120

173

242

Index.

777

EXPE DITION, IjOTJISBURG— contmued.
captain of artillery in, allowed wages as bom-
bardier, 452, 515

billeting account of Capt. John Hurston in, al-
lowed, 346

bounty and billeting money due Capt. John
Ruggles, for services in, allowed to ad-
ministrators of his estate, . . . 286
brigantine Boston Packet employed in, com-
mittee to sell 156

Commissary's account for clothing sent to
Louisburg, to be forwarded to the

Province agents

committee of war :
to allow subsistence to soldiers in, .
to allow John Ulmer pay as drum major and
for repairing drums, ....

allowance by, to George Gerrish for tools
taken for use of garrison at Louisburg,
allowance by, to Jane Hall for medical attend-
ance on her husband, a soldier in, .
allowance by, for hire of schooner Hopewell
for, ........

allowance by, for loss of time, wounds, etc.,
while in :

to Timothy Barron 48,

to Patrick Burn,
to Clement Chamberlain
to Seth Chipman,
to Joseph Freeman, jr
to Nathaniel Hix,
to Thomas Hosmer,
to Samuel Hovey,
to Moses Hoyt,
to Terrence Kane,
to Edward Manchester,
to Robert Miller,
to James Pierce, seaman
to David Stan wood,
to Job Stanwood, .
to Alexander Tarrant,
to -John Wilson, jr.,
allowance to, for services,
to collect money due for bread purchased of

them, 159

to pay administratrix of Dr. Joseph Pierce

for his services as a surgeon in, . . 245
to pay expenses of, from the appropriation

for Canada expedition 161

jr..

42, 197, 337

56, 164, 310,

11,

79
97

277
246
37

278

164
431

310

92
231
568
520

16
145
119

36
114
130
505
232

EXPEDITION, LOUISBURG - continued.
committee of wnv — continued.
to pay Dr. John Russell for medical attend-
ance to a soldier in 51

to pay wages due soldiers for services in :
to Capt. Joseph Goldthwait for sickness
and funeral expenses of Lieut. Basil

Dixwell, 347

to Richard Gridley, .... 452, 515

to Gershom Hamlin, 88

to Eleanor Hind on account of Jabez Clarke, 652

to John Keefe, 367

to Samuel Knowles, for widow of Joseph

Adams, 145

to Capt. James Noble, 38

to Eleazar Porter, for beneflt of children of

NesoTawney, 15

to John Spear, father of David Spear, . 311

to Seth Sumner, for heirs of Jesse Covet, . 113
to father of Ebenezer Sumner, . . . 401
to mother of Benjamin South wick, . . 398
to widow of Daniel Crecy, . . . .15

to widow of an Indian, 223

to widow of Ebenezer Maxey, . . . 242
expense of, relative to a grant from Parlia-
ment in payment of, . . 103, 165, 195
Governor, Secretary and Speaker, to execute an
instrument for receiving the money to
reimburse the Province on account of, . 250
petition of Dr. William Rand for payment on

account of services as surgeon in, . . 301
soldiers in, accounts of persons advanced

money for enlisting, etc., to be settled, . 125

soldiers in, allowance to, 184, 186, 228, 247, 275, 276,

277, 345, 361, 374, 420, 471, 472, 493, 587, 671, 702

soldiers in, pension to, 233, 702

soldiers in, or their representatives, township

granted to, 400

stores purchased for, committee to sell, . 129, 156
subsistence and passage of certain persons to

Annapolis, provided for, . . .13
transfer to the appropriation for, from the ap-
propriation where there is no establish-
ment 130

wages due Jonathan Clary for services in, al-
lowed administrator 584

EXPRESS RIDING.
allowance for 444

FALMOUTH, Town of, Barnstable County.

Indians in, guardians of, appointment of, . 39

FALMOUTH, Town of, York County.

detachment of militia in, to be ordered to assist
officer charged with execution of a war-
rant for apprehension of Benjamin and
Richard Holbrook, 330

fort at, allowance to engineer for projecting

and building, 498

men to be posted at, 109

men to be raised in, for defence of frontiers

east of, 434

transportation of whale-boats from Nantucket

to, allowance for 43

FALLTOWN, Township of.

billeting Canada soldiers at, amount for, al-
lowed • . 104

FALLTOWN, Township ot — continued.
establishment of rates for billeting soldiers

at, 323

inquiry to be made in regard to fulfilment of

conditions of grants in, . . . . 585
meeting of proprietors to be called at, . . 585
men to be posted at, ... 51, 108, 168, 276
FARMERS OP EXCISE,
in Barnstable County :
committee to choose, . . . . 162,553,636
David Freeman, appointment of, . . . 704
David Gorham, appointment of, . . . 173
Solomon Swift, appointment of, . . . 654
in Bristol County :
committee to choose, . . . 162, .^53, 636

Samuel Miller, allowed to settle account with

Province Treasurer, . . . .25

IXDEX.

16:

. 6S7
44, 170

, 554, 636
712, 713

, 55-2, 634
. 719
. 172

, 552, 639
. 671

FARMERS OF EXCISE — co»i<m?/erf.
in Bristol County — continued.
Benjamin White, appointment of, •
Samuel Wliite, appointment of.
In Dukes County:
committee to choose, .
Gershom Cethcart, appointment of,
in Essex County :
committee to choose, .
Timothy Fuller, appointment of,
Benjamin Prescott, jr., appointment of,
in Hampshire County:
committee to choose, .... 16'.
Noah Ashley, appointment of,
Province Treasurer directed to abate sum due

from, 5S8

in Middlesex County:
committee to choose, . . . 162, 223, 552, 635

John Hunt, appointment of 651

Elisha Jones, appointment of, ... 589

Thaddeus Mason, appointment of, . . • 171
in Nantucliet County :

committee to choose, . . . 162, 223, 554, 637
in Plymouth County:
committee to clioose, . . • 162, 5.53, 635

Capt. Joseph Joslyn:

appointment of, 679

impowered to examine accounts of inn-
keepers, etc • 678

Benjamin White, appointment of, . . . 6S7
one quarter part of amount due from, to be

abated, 675

in Suffolk Comity:
committee to choose, . . . ■ 161,551,634
Capt. Jeffry Bedgood, appointment of, . • 166
John Ruddock, appointment of, . . • 565
William Story, appointment of, . . . 689
in Worcester County :
committee to choose .... 162, 552, 635
Duncan Campbell, appointment of, . . 589

John Chandler, jr., appointment of, . . 178
petition of, in regard to collection of excise
in Woodstock, Conn., .... 545

Ezra Taylor, appointment of 651

in York County :

committee to choose, .... 162, 553, 636

Jeremiah Moulton, jr., appointment of, . . 652

Capt. Jeremiah Moulton, appointment of, . 652

delinquent, Province Treasurer to sue, . . 501

FAST DAY.

relative to the appointment of, 75, 144, 263, 5(X), 646
FEES.

for storage of gunpowder, established, . . 526
FERRY-BOAT.
between Boston and Charlestown, to be laid

off, . . 609

FERRY.
Hix's, in Dartmouth:

tolls over bridge at, establishment of, . . 471
Old Town, Newbury :
bridge at, petition for a lottery to defray

expense of, 386

FINE,
remission of:

to Brookline 167

to Grafton 372

to Harvard 12

to Hopkinton 4a3

to Leicester 271

to INIcthuen, 413

FINE — continued.
remission — continued.

to Needham 17

to Pembroke 15

FIRE,
allowance to Rev. Ellis Gray for loss by, . . 501
allowance to Abner Hall for loss by, . . 213

allowance to Eleazar Rice for loss by, . . 117
bills of credit lost by, allowance for, 17, 23, 69,
78 bis, 83, 201, 225, 243 bis, 275, 296, 333, 409,
410, 470, 488, 505, 511, 637, 663
FIREWOOD.
land allowjd minister to the Stockbridge

Indians, to provide him with, . . 560

for the lighthouse, allowance for, 105, 217, 315, 481,

605, 692
FIRST CHURCH,
in Boxford, Benjamin Porter authorized to
collect assessment for salary of pastor

of, 425,486

FISHERY,
in Hanover, court of general sessions in Plym-
outh County impowered to receive
report of committee on destruction

of 340

privileges, complaint by Natick Indians in

regard to interference with, . . . 135
FLAG OF TRUCE,
to go to Canada for redemption of captives, . 28
committee to determine wages of master and

mariners to navigate, to Quebec, . . 33
to Quebec, expenses of, to be paid from appro-
priation for grants, 56

to Quebec, vessel to be chartered or impressed

for use of commissioners, . . .29, 56
FLAX.

damage to, allowance to Moses Rice for, . . 117
FORAGE.

allowance to Moses Rice for, .... 117
FOREIGN PROTESTANTS [German].

four townships to be laid out for, . . . 353
FORTS.
at Cape Ann :
allowance to engineer for projecting and

building 498

Castle William :
Spencer Phips, commander at:

establishment of pay of, ... 98, 167
allowance to engineer for projecting and

building works at, 498

carpenter at, wages established, . . . 530
chaplain at, allowance to, . 119, 485, 596, 710
committee on repairs at :
allowance to, • 18, 45, 46, 56, 191, 396, 601, 607

appointment of, 507

gunner at, allowance to, 713

guns at, to be dismantled, .... 396

lieutenant at, allowance to, . 101, 198, 389, 712

mason at, wages established 530

new battery at, to be completed, . 45, 46, .56

physician at, allowance to 84

pinnace to be purchased for, .... 324
soldiers at, wages established, . . . 530
store-house to be built at, committee in regard

to, 437

victualler at:

allowance to, 8, 491, 602

rate allowed, for victualling, . . 121, 188
wages allowed Samuel Wilson, soldier at,

during his sickness, . . . .693

1:ndkx.

779

FORTS — continued.
Castle William — continued.
works at, allowance to Col. Richard Gridley

for supervising the building of, . . 557
at Colrain :
establishment of rates for billeting soldiers at, 323
men to be posted at, ... 51, 108, 168, 276
soldier injured at, allowance to, . . . 149
Fort Dunmier :
Josiah Willard, truck-master at :

credit allowed, 86

sum expended relative to defence of, al-
lowed, 90

billeting soldiers at, allowance for, . . 276

expense of garrison at, committee to obtain

reimbursement of, appointment of, 641, 643
garrison at, pay and subsistence of, to be con-
tinued 181, 254

men to be posted at, . . . 108, 264, 334, 423

soldiers at, establishment of 598

subsistence allowed Lieut. Dudley Bradstreet

at, 170

at Falmouth, York County:
allowance to engineer for projecting and

building 498

Fort Frederick, Pemaquid :
chaplain at, allowance to, for services, .
men to be posted at, . 51, 109, 168, 264, 291, 334,
soldier killed at, wages due, allowed,

soldiers at, establishment of

Fort George, Brunswick :
Capt. John Oulton, commander of :

order directing, in regard to repairs at,
carriages for cannons at, to be provided,
men to be posted at, . 51, 109, 168, 264, 291, 334,
soldier at, wages due, allowed,
soldiers at, establishment of , .
at Governor's Island :

relative to works at 40, 498,

Fort Hinsdale :
garrison at, pay and subsistence of, to be con-
tinued, 181,

at Marblehead :
fort at, allowance to engineer for projecting

and building

Fort Massachusetts :
Capt. Ephraim Williams, commander of:
letter from, in regard to the claim of
Schaghticoke Indians to land at, . . 592
allowance on account of loss of time, wounds,
etc., while in service at:

to Nathaniel Ames, 352

to Elisha Chapin 336

85
423

.S74

.598

556
.556
423

84
598

557

498

to John Hawks,
to .lohn Perry,
to Joseph Scott,
to Moses Scott,
to Stephen Scott,
to Jacob Shepard, .
to Daniel Smead,
to John Smead,
to John Smead, jr.,
to Benjamin Symonds, .
to David Warren, .
to Ezekiel Wells, .
allowance to the following persons, for horse
hire from :

Benjamin Fassett,

Ebenezer Gould,

Nathaniel Hunt,

112

352
352
352
352
352
352
352
352
314
352
501

352
352
352

PORTS — continued.
Fort Massachusetts — continued.
blockhouses east of, men to be posted at, 51, 168
chaplain and surgeon for, allowed, . . 152

establishment of rates lor billeting soldiers at, 323

garrison at, addition to 67

guns lost at, relative to, . . . 17, 83, 315
late garrison at, guns allowed certain mem-
bers of, 352

men to be posted at, . . 51, 168, 264, 334, 423
soldiers at, to be admitted as settlers in west

township of Hoosac 485

soldiers at, establishment of 598

soldiers taken captive at, relative to, 35, 114, 147,
148,224,270, 312, 314, 332, 352
volunteers to be posted at, relative to, . . 89
wages due Nathan Fames, for service at,

allowed his widow, 83

at Number Four :
allowance to Capt. Phineas Stevens for ser-
vices at, 415

billeting soldiers at, allowance for, . . 276

bounty, etc., allowed Capt. Humphrey Hobb.s

for service at 189

chaplain and sutgeon for, allowed, . . 152
men to be posted at, . 51, 108, 264, 276, 334, 423
pay and subsistence of men at, to be con-
tinued, 373

provisions for, account of, allowed, . . 20

provisions for volunteers at 21

soldiers at, establishment of, . . . . 598
Capt. Phineas Stevens allowed to make up

his muster roU, for service at, . . 185
subsistence of men at, to be continued, . . 19
Capt. William Symmes allowed to make up

his muster-roll, for service at, . . 20
volunteers to be posted at, relative to, . . 89
Fort Pelham :
establishment of rates for billeting soldiers at, 323

men to be posted at, 108, 264

person in charge of, pay and subsistence to

be allowed 551

Fort Pemaquid (Fort Frederick) :
chaplain at, allowance to, for services, . . 85
men to l)e posted at, 51, 109, 168, 264, 291, 334, 423
soldier killed at, wages due, allowed, . . 374
soldiers at, establishment of, . . . . 598
Fort Richmond :
Capt. William Lithgo, commander of:

wages of, established, 430

men to be posted at, 51, 109, 168, 264, 291, 334, 423
pay and subsistence to be allowed twelve

men at 50

provisions for the relief of Eastern Indians
to be removed from George Town to, .
provisions to be sent to, for the Indians,
repairs at. Commissary General to send ma-
terials for,

soldiers at, establishment of, .
Fort at St. George's River:
Jabez Bradbury, commander of:
account of, for repairs at, allowed.
Commissary General directed to supply,
with goods for the Indians, .
increase of garrison at, . . _ .
armorer at, appointment of, .

armorer at, establishment of

conference at, relative to complaints made by
Eastern Indians,

342
643

455

110

391
485
320
334

interpreter at, allowance to.

. 674
420, 567

780

Index.

FORTS — continued.
Fort at St. George's River — continued.
men to be posted at, 51, 109, 168, 264, 291, 334, 423
provisions to be sent to, for ttie Indians, . 643

relative to conference at, 544

soldiers at, establishment of 598

truck-master at, late, allowance to, . . . 131
Fort Shirley :
establishment of rates for billeting soldiers at, 323

men to be posted at, 108, 264

person in charge of, pay and subsistence to

be allowed 551

FRAUD.
bill of credit obtained by, relative to, . . 333

deeds obtained by, relative to, . . . 31, 32
FREDERICK, FORT, at Penmquid.
chaplain at, allowance to, for services, . . 85
men to be posted at, 51, 109, 168, 264, 291, 334, 423
soldier killed at, wages due, allowed, . . 374

soldiers at, establishment of 598

FREETOWN, Town of.
certain inhabitants of, and of Rochester, Dart-
mouth and Middleborough, -nith their
estates, to be annexed to the new pre-
cinct 441

Indians in, guardians of, appointment of, . 356

town-meeting to be called at, . . . 523, 634
FRENCH CAPTIVES.
return of, to Canada in Flag of Truce, relative

to 23

FRENCH CLAIMS.

relative to, . 460, 476

FRENCH PRISONERS.
at Castle William :

allowance to physician for care of , . . . 84
surgeon for, allowance to, . . . . . 355

victualling, account allowed 246

FRONTIERS.
allowance on account of loss of time, wounds,
etc., while in service on :
to Joseph Priest for his son, .... 293
to administrator of Capt. Ebenezer Winches-
ter, 18

allowance to Ensign Thomas Fletcher for sum

expended while scouting on, . . . 230
allowance to Capt. Eleazar Melvin for subsist-
ence and expenses of his company on, . 182
allowance to Eleazar Melvin and Humphry
Hobbs for sums advanced for provi-
sions, etc., on 182

establishment of subsistence of soldiers on, . 76

forces on, advance in wages of 131

forces on, relative to establishment of, . . 152
pay and subsistence of forces on, to be contin-
ued 373

surgeons on, establishment of 168

wages due soldiers on, allowed:

to Nathan Barker . 426

to .Joshua Bramhall, 186

to Mary .Tones for Thomas .Jones, . . .34
FRONTIERS, EASTERN,
allowance on account of loss of time, wounds,
etc., while in service on :

to .John Davis, 90, 590, 726

to Edmund Phinney, 59

to William Thorn 145

allowance to Stephen Boynton, for services

on, 312

allowance to Abner Hall, for losses sustained by

fire at burning of garrison, . . . 213

FRONTIERS. EASTERN — continued.
arms for soldiers on. Commissary General to

send 155

bounty for men enlisting for service on, estab-
lished 89, 143

Canada forces on, relative to payment of, . 74

establishment of forces on, relative to, 50, 108, 167,
264, 291, 334, 423, 434, 598
men to be raised in Falmouth, for defence of, . 434
new township on, grantees of, allowed further

time for settlement of 695

relative to annual presents for Indians on, . 567
relative to plan of, to the St. Croix River, 4.51, 453,

507
Sheepscott on, ammunition for, .... 434
soldiers on, allowance to, for deficiency in

pay, 58

stores on sloop Massachusetts to be shipped

for, 149, 151

sub-commissary on :
Jabez Fox, allowance to, for storage of pro-
visions, etc 591

Jeremiah Powell, allowance to, . . . 662
surgeon for, services of, allowed, . . .158
troops on, vote in regard to reinforcement of, . 16
wages due William Hodges while in service on,

to be made up by Capt. Bean, . . 657
wages due soldiers on, allowed:
to Elisabeth Carpenter for her son, . . 70

to Ebenezer Holmes, 401

to James Tyler 158

Wiscasset on, ammunition for 434

FRONTIERS, WESTERN,
allowance on account of loss of time, wounds,
etc., while in service on :

to Henry Blodget 149

to .Joseph Gould, 275

to Ebenezer Lewis 222

arms for soldiers on, to be repaired, . . . 152
billeting soldiers on, account of John Frost

allowed for, 151

bounty allowed soldiers on, for Indian prison.

ers and scalps, 89

bounty for men enlisting for service on, estab-
lished, 89, 143

enlistment or impressment of men to serve

on 152, 276

establishment of forces on, relative to, 19, 50, 108,
167, 264, 334, 423, 598
establishment of rates for billeting soldiers

on, 323

Capt. Eleazar Melvin and company on, allow-
ance for services of, .... 170
memorial of Col. Josiah Willard in regard to

settling billeting accounts on, order on, 282

men to be posted on, 21

payment of Canada forces on, relative to, . 30, 74
physician on, account allowed, .... 116
provisions for blockhouses on, Commissary

General to purchase, . . . .70

scouts to be employed on, relative to, 67, 108, 276

sub-commissaries on:

Ebenezer Hinsdale, allowance to, . . .86

.Josiah Willard, allowance to, . . . .86

Col. Josiah Willard, commission allowed on

accounts as, 349

volunteers to be posted on, 89

wages due soldiers on, allowed:

Josiah Holbrook, 345

Nathaniel Webb, .305

Index.

781

GAY HEAD INDIANS.
compJaint by, against guardians, report of com

niittee in regard to

guardians of, to render an account, .
GENERAL ASSEMBLY,
duplicate records of, to l)e made, . . 74
members of, establishment of pay of,
members of, purchase of lottery tickets by,

relative to

members of, transfer from appropriation for de-
fence of Province for payment of, 607,
members of, transfer from appropriation for
grants for payment of, . . . 127,
members of, transfer from appropriation where
there is no establishment for payment

travelling expenses attending, allowance for, .
unfinished business of, referred to next ses-
sion,

GEORGE, FORT, Brunswick.
Capt. John (Tulton, commander of:

order directing, in regard to repairs at, .
carriages for cannons at, to be provided, .
men to be posted at, . 51, 109, 168, 264, 2'Jl, 334,
soldiers at, establishment of, ... .

soldiers at, wages due, allowed

GEORGETOWN, Town of.

men to l)e posted at,

Province tax in, certain sum due from James
Savage and Daniel Lancaster, to be

added to,

provisions to be removed from, to Fort Rich-
mond, .......

GERMAN EMIGRANTS,
blankets and l)eds for, Commissary General

directed to supply,

four townships to be laid out for,
measures for relief of, recommended,
GORHAM OR GORHAMTOWN, Township
of.
inhabitants posted at, petition in regard to,
men to be posted at, ... 51, lO'J, 168,
pay and subsistence to the inhabitants of, serv-
ing as soldiers allowed, ....
GOVERNMENT NOTES.
committee for Ijurning, report of,
to be received lor taxes,
GOVERNOR.
William Shirley :
to appoint a day for a public fast,
to appoint a day of Thanksgiving,
to attend Congress at New York,
to give orders in regard to :
enlisting or impressing men on the Western

frontiers

the French captives

a guard to the commissioners of the Indian

treaty,

making up muster-rolls, ....

provisions to be carried by the forces from

Middlesex County

the sloop Massachusetts, ....
proclamation by, relative to the Boston

riot

the sloop Massachusetts, to be iitted up to go
to New York,

52
314

, 75
215

530

728
283

444
126

5.56
556
423
598

692,

75, 144,
.56, 163,

235
264

161

111

493

GOVERNOR — continued.
William Shirley — continued.
to request government of Connecticut to fur-
nish men to serve on Western frontiers, 108
' to send a vessel as a Flag of Truce to Canada, 23
stores for journey of, to Albany to be pro-
vided,

to write the governments of the several colo-
nies, ........

GOVERNOR JONATHAN BELCHER,
land case of, in Bristol County, order directing
the selection of a jury from Suffolk

County for,

order on petition of, in regard to a jury, .
relative to petition of, for change of venue in a

trial of title to land, . . 55,402,411,445
Secretary to deliver the original papei's accom-
panying tlie petition of, . . . . 134
GOVERNOR OP CONNECTICUT,
to be desired to send men to Deerfleld and

Northfleld 167

GOVERNOR OF NEW YORK

letter from, report of committee on, . . . 725
GOVERNORS ISLAND,
allowance to John Day for services at, . . 316
allowance to engineers for projecting and ijuild-

ing works at, 498

fortifications at, allowance to Col. Richard

Gridley, for projecting and supervising, 557
works at, account for building, allowed, . . 40
GRAFTON INDIANS.

guardians of, appointnuMit of .39

impowered to sell laud, . . 188, 372, 4.59, 463
trustees of, accounts allowed, 76, 146, 276, 412, 539,
640, 641 bis, 642 bis
GRAFTON, Town of.

fine remitted, 372

GRANTS,
appropriation for :
balance of, transferred to payment of ex-
penses where there is no establishment, 270
transfer from appropriation for Commissary's

disbursements to, 728

transfer from appropriation for defence of

the Province to 607, 696

transfer from, to appropriation for Canada

expedition 72

transfer from, to appropriation for contin-
gencies, 227

transfer from, to appropriation for defence

of the Province 283

transfer from, for expenses of a Flag of

Truce, 56

transfer from, for payment of expenses of

new battery at Castle William, . 46, 56
transfer from, for payment of Capt. Eleazar

Blelvin 72

transfer from, for payment of members of

the House of Representatives, . 127, 283
transfer from, to appropriation where there

is no establishment, . . . 227, 374
sum due Samuel Pettibone to be paid from, . 75
GREAT SBBASCO DEGAN ISLAND,
northeast part of, included in precinct erected
out of Merriconeag Neck and adjacent
islands, 269

782

Index.

GREEN RIVER (Greenfield),
establishment of rates for billeting soldiers at, 323

men to be posted at, 108

GROTON, Town of.
billeting Canada soldiers at, account allowed, . 104
certain amount to be deducted from taxes in,

and added to taxes in Dunstable, . . 245
certain families in Dunstable to be annexed to

second precinct in 577

certain inhabitants of, to be annexed to Dun-
stable 12,282

new district in, to be provided with Province

Laws, 680

soldiers to be posted at 21

town meeting to be called at 436

GUARD.
for jail in York County, relative to, . 318, 388, 396
provided for inhabitants of Hatfield, . . .153
GUARDIANS.
Thomas Burt, of person non compos, impow-

ered to sell land 640

John Fisher, of persons non compos, judge of

probate to pass on the account of, . . 503
Elkanah Leonard, jr., and Elisabeth Leonard,

of person non compos, impowered to

sell land 348

certain minors impowered to choose, . . 586

of children of Ichabod Wade impowered to sell

land, 43

of children of Richard James, jr., impowered

to sell land, 465

of Dudlay Indians, appointment of, . • • 39
of Gay Head Indians, complaint against, report

of committee on 52

of Gay Head Indians, to render an account, . 314
of Grafton Indians, appointment of, . . • 39
of Martha's Vineyard Indians, appointment of, 39
of Mashpee Indians, accounts allowed, . 524, 694
of Mashpee Indians, appointment of, . . 39
of Mashpee Indians, complaint against, report

of committee in regard to, . - • 52
of Mattakeeset Indians, appointment of, . • 718
of Middleborough Indians, appointment of, . 39
of Xantucket Indians, appointment of, . 26, 39
of Nantucket Indians, to inquire in regard to
complaint made against English inhabi-
tants, 270

of Natick Indians, appointment of , . . • 39

GUARDIANS — continued.
of Xatick Indians, to assist in sale of land, 39 his, 42,
85, 122, 340, 341 bis, 342, 363, 368, 429, 490, 495,
496, 601, 655, 704, 721
of Pembroke Indians, appointment of, . . 39
of Puncapaug Indians, to pay account of

Stephen Fales, 520

of Titticut Indians, appointment of , . . . 718
of Titticut Indians, to assist in sale of land, 146, 280,

467
of Indians in Barnstable, appointment of, . 39
of Indians in County of Dukes County, appoint-
ment of, 27

of Indians in Eastham, appointment of, . . 39
of Indians in Falmouth (Barnstable County),

appointment of, 39

of Indian in Freetown, appointment of, . . 356
of Indians in Harwich, appointment of, . . 39
of Indians in Harwich, impowered to sell land, 289
of Indians in Plymouth, appointment of, . . 39
of Indians in Sandwich, appointment of, . . 39
of Indians in Stoughton, appointment of, . . 39
of Indians in Yarmouth, appointment of, . . 39
of Indians in lower part of Barnstable County,

appointment of, 700

of Abigail and Elisabeth Hitchcock, petition of,

for executors to sell land, . . . 126

of Glover Short, impowered to sell land, . . 502

of minors, impowered to sell land, 11, 128, ISO, 181

208, 210, 221, 248, 252, 274, 318, .319, 322, 3,32, 366,

382, 383, 411, 414, 418, 447, 477, 510, 511, 512, 592,

604, 632, 633, 638, 653, 675

to recommend petitions for sale of Indian

lands, 100

GUNS,
and blankets, etc., presented to Indians of the

Six Nations, allowance for, . . . 477
at Castle William, to be dismantled, . . .396
for certain members of the late garrison at Fort

Massachusetts, provided, . . . 3.52

at Fort George, carriages for, to be forwarded, 556

one, to be delivered for a gun impressed, . . 314

lost, in public service, 17, 44, .59, 90, 91, 113, 148, 172,

185, 199, 203 his, 204, 211, 213 his, 216, 217, 218,

223, 227, 230, 231, 247, 268, 270, 274, 281 his, 292,

310, 312, 314, 315 his, 322, 332, 335, 339 bis, 346,

360, 364, 396, 415, 416, 466, 505, 560

for soldiers on the Eastern frontiers, provided, 155

HADLiEY, Town of.

l)illeting Canada soldiers at, allowance for,
HAMPSHIRE COUNTY,
billeting soldiers in, account allowed,
Bedford in, extension of time for assessment of

taxes in, 320,

claims of Stockbridge Indians to lands in, rela-
tive to

commission on accounts allowed to sub-com-
missary of forces in,
committee to survey imappropriated lands in,
west of Connecticut River,

courts in, adjourned 36,

courts in, vote continuing certain cases in,

farmers of excise in :

committee to choose, . . . 162, 552,

Noah Ashley, appointment of, ...

Province Treasurer directed to abate sum due

from,

104

136

659

647

351

522

163

6,35
671

HAMPSHIRE COUNTY — coH««?/ef7.

judge of probate for, impowered to attest

oaths, 267

judge of probate for, impowered to settle estate

of Daniel Beaman, 372

justices of superior court in, impowered to hear

and try a cause, .... 379, 475

land in, granted to Moses Rice for services, . 6.59

Province lands in, relative to sale of, . 696, 698

Township Number Four in, petition of two pro-
prietors in regard to the settlement of, 409

unappropriated Province lands in, west of Con-
necticut River, relative to, . 522, 543, 602

Ware River Parish in, execution against col-
lector of taxes in, to be delayed, . . 665
HANOVER, Town of.

fishery in, obstructions to, court of general ses-
sions in Plymouth County directed to
receive report of committee on, . . 340

Index.

783

HANOVER, Town of — continued.
petition of, ami of other towns in regard to

building a court house in Plymouth, . 219
HARD WICK, Town of.
part of, and part of Brookfleld and New Brain-
tree, to be erected into a precinct, . 440, 453
part of, and part of Broolifleld and New Brain-
tree lately erected into a precinct, to be
erected into a district, . . . 475, 518
HARVARD COLLEGE.
president of, allowance to, 94, 174, 377, 482, 595, 708
president and fellows of :
committee on petition of, in regard to taxes,

report of 398

memorial of, in regard to taxes, . . . 194
professor of divinity at, allowance to, 94, 175, 19'2,

377, 483, 595, 709
professor of mathematics at, allowance to, 484, 596,

709
real and personal estate belonging to, exempted

from taxation 699

HARVARD, Town of.

flue remitted, 12

HARWICH, Town of.
Indians in, guardians of, appointment of, . 39

south precinct in, tax on all land in, . . . 325
HASSANIMISCO INDIANS. (See Grafton

Indians.)
HATFIELD, To^v^l of.
billeting Canada soldiers at, allowance for, . 104

guard for inhabitants of 153

HAVERHILL, Town of.
part of North parish in, erected into a district, 713
town-meetings in, relative to, . . 115, 160, 168
HIGHWAYS.
in Leicester, petition relative to laying out and

repairing, 351

HINGHAM, Town of.
second precinct in, certain families in, with
their estates, to be annexed to first pre-
cinct, 123

HINSDALE, FORT.
garrison at, jiay and subsistence of, to be con-
tinued 181,254

HIX'S FERRY, in Dartmouth.

tolls over bridge at, establishment of, . . 471
HOLDEN, Town of.
tax on land in, votes in regard to raising, con-

flrmed, 267

HOLLISTON, Town of.
petition of certain inhabitants of, and of Bel-
lingham, Medway and Wreutham, to be
erected into a precinct, .... 159
selectmen of, directed to take charge of Jona-
than Page, 461

HOOSAC, Township of.
grant of landin, to Capt.Ephraim Williams, 497,671
Province lands near, committee to lay out two

townships in 241

HOOSAC, West Township of.

committee to lay out, 379

soldiers at Fort Massachusetts to be admitted

as settlers in, 435

HOPEWELL, the schooner.

hire of, etc., allowance for 278

HOPKINTON, Town of.

fine remitted, 453

Province tax in, certain sum due from .James

Lock, to be added to 728

HOPLANDS.
in Sheflield, relative to settlement of the

Indians of the Six Nations on the, 488, 563
HORSES.
belonging to the Province, one to be presented

to Sir William Pepperell, . . .677
belonging to the Province, one to be presented

to Lieut. -Governor Spencer Phips, . 693
forage for, allowance to Moses Rice for, . . 117
killed or lost, in service, allowance for, 27, 212, 243,

336
presented by Sir Peter Warren, relative to, .500 bis,

609
HOSPITAL,
on Rainsford Island:

boat for use of 385, 458

repairs at, relative to, ... . 254, 266
HOUS ATONIC INDIANS,
report of committee in regard to complaints

of 326,454

HOUSE, PROVINCE,
repairs at, appointment of committee in regard

to, 490

HOUSE OF REPRESENTATIVES,
allowance to Moses Deshon for carving Colony

arms for, 672

chaplain of, allowance to, 95, 176, 378, 484, 596, 710 ter
clerk of, allowance to, 95, 175, 220, 354, 378, 483, 595, 709
niembers of, transfer from appropriation for

contingencies, for payment of, . . 401
members of, transfer from appropriation for

defence of the Province, for payment of, 401
members of, transfer from appropriation for

grants, for payment of, . . . 127, 283
members of, transfer from appropriation where

there is noestablishment, for paymentof, 401
speaker of, allowance to, 94, 175, 378 bis, 483, 595, 709
HULKS.

allowance for preparing 61, 103

HULL, Town of.
town-meeting to be called at 202

IMPOST.

commissioner of :

to remit duties on prize goods 205

to return security deposited for duties, . . 204
IMPRESSMENT OR ENLISTMENT.

of men to serve at :
Amaconging or Androscoggin River, . . 109

Arundel 109

Ashuelots 51, 108, 276

Berwick, 109

Biddeford 109

Blandford 108, 152

IMPRESSMENT OR ENLISTMENT —
continued.
of men to serve at — continued.

Brown's 108

Brunswick, 109

Colrain 51,108,276

Damariscotta 109

Deerfleld, 51, 108

Fall Town, 51, 108, 276

Falmouth, York County 108

on frontiers, east of 434

George Town, Arrowsick Island, . . . 109

784

In^dex.

IMPRESSMENT OR ENLISTMENT —
continued.
of men to serve at — continued.

Gorhamtown 51, 109

Green River, 108

Kittery, out garrisons, 109

Lunenburg, out garrisons, . . • -108

Morrison's blockhouse, 108

Narragansett Township Number Two, . . 108
New Hampton (South Hampton), . . 108, 152

New Marblehead, 51, 109

New Meadows • '109

New Salem 108

Nichewoag, 10*^

Northfield 51, 108, 152, 276

North Yarmouth 109

Number One (Tyringham), . . . -108
Number Two (New^ Marlborough), . . .108

Payquage 51, 108

Phillipstown, 51, 434

RoadTo\vn, 108

Saccarappa 109

Saco River, blockhouse and truck-house at, 51, 109

Scarborough, 109

Sheepscott 109

Sheffield 108

Stockbridge 108

Topsham 109

Townsend, out garrisons, .... 108

Wells, 109

WiBcasset, 109

York, 109

forts:

Fort Dummer, 108

Fort George, 51,109

Fort Massachusetts 51

Fort Massachusetts, blockhouse to the east-
ward of 51

at Number Four, 51

Fort Pemaquid or Fort Frederick, . 51, 109

FortPelham 108

Fort Richmond 51, 109

at St. George's River (fort, blockhouse and

truck-house), 51, 109

Foil Shirley 108

towns and settlements from Salmon Falls to

Damariscotta River, . . . .51
INDIAN HEAD RIVER,
relative to obstructions to the passage of fish

in, 340

INDIAN LANDS.
petitions for sale of, to be recommended by

guardians, 100

relative to sale of, 39 bis, 42, 85, 122, 146, 188, 280, 289,
326, 340, 341 bis, 342, 356, 363, 368, 372, 429, 459,
463, 467, 490, 495, 496, 597, 641 bis, 642 bis, 655,
668, 726
at Stockbridge, confirmation of right in, to

Joseph Lord, 582

at Stockbridge, relative to, . 231, 326, 339, 454, 682
INDIAN LANGUAGE.

interpreter of, allowance to, . 207, 354, 420, 567

INDIAN SCALPS,
liounty allowed .John Beaman for, . . .38
relative to bounty allowed for, . . .89, 107
relative to bounty allowed Indians for prisoners

and scali^s, 7

INDIAN SOLDIERS,
allowance to Dr. John Russell for attendance

upon, 51

INDIAN SOL.Dl'EiRS — coyitinued.
wages due Joseph Adams, allowed his widow, 145
wages due Neso Tawney, allowed to his chil-
dren, 15

INDIAN TRUCK TRADE.
accountof goods, etc., for, report of committee on, 729
allowance for expenses attendant upon the
treaty with the Eastern Indians to be

made from (truck) 555

allowance for presents to Indians and for
expenses of Lieutenaat-Govemor and
Commissioners attending the confer-
ence at St. George's River, to be made

from, 544, 555

certain amount allowed for, .... 283
Commissary General to send supplies for, 322, 387

to be continued, 298

INDIANS.
allowance to Thomas Taylor and associates for

having killed, 176

certain, in York Coimty, measures to be taken

for the care and relief of , . . . 317
Joseph Chandler taken captive by, and sold,

allowance for ransom of, ... 560
commissioners for conferences with, at Albany,

relative to, .... 544, 547, 548

conference with, proposed 572

guardians of, to recommend petitions for sale

of land 100

in lower part of Barnstable County :
guardians of, appointment of, ... 700

expedition against, proposed 42

property destroyed by, allowance for, . . 386
provisions for, to be sent to fort at St. George's

River and Richmond, .... 643
relative to murder of, . 317, 324, 330, 426 bis, 432
Benjamin Wiser, permitted to sell land, . 42, 85
wounded at time of the murder in York County,

surgeon for, to be provided, . . . 317
in Barnstable:

guardians of, appointment of 39

in County of Dukes County :

guardian of, appointment of 27

in Eastham :

guardians of, appointment of 39

in Falmouth, Barnstable County :

guardians of, appointment of 39

in Freetown :

guardians of, appointment of, . . . . 356
in Harwich :
Hester Atamon impowered, with approval of

guardians, to sell land, .... 289
guardians of, appointment of, . . . .39
in Pembroke :

guardians of, appointment of, . . . .39
in Plymouth :

guardians of, appointment of 39

in Sandwich :

guardians of, appointment of 39

In Stoughton :

guardians of, appointment of, . . . .39
in Yarmouth :

guardians of, appointment of, . . . .39
Coniengee :

sachem of, allowance for benefit of, . . 598
Dudley :

guardians of, appointment of, . . . 39, 706
Eastern :
blankets to be presented to messengers sent

to Canada in the name of the, . . 342

Index.

785

INDIANS — continued.
Eastern — continued.
commissioners on treaty witb, guard provided

for, 296

committee to receive evidence as to land titles

derived from, relative to, . 674, 691, 7'22
conference with, relative to, . . . 544, 555
presents for, relative to, . . 450, 544, 555, 567
provisions for, to be removed from George

Town to Fort Richmond, . . . 342

treaty with, report of committee relative to, . 510
Gay Head :
complaint by, against their guardians, report

of committee in regard to, . . . 52
guardians of, to render an account, . . 314
Hassanimisco or Grafton :
guardians of, appointment of, . . . .39
impowered with approval of trustees to sell

land 188,372,459,463

trustees of, accounts allowed, 70, 146, 267,412, 539,
640, 641 bis, 642 bis
Martha's Vineyard:
complaint by, against guardians, report of

committee in regard to, . . . . 52
complaint by, of alienation of their estates by

fraudulent practices, ... 31, 32
complaint by, in regard to the execution of a

deed, 31

guardians of, appointment of 39

Mashpee :
guardians of, account allowed, . . 524, 694

guardians of, appointment of 39

guardians of, report of committee in regard

to complaints against, . . . .52
Mattakeset :

guardians of, appointment of 718

Middleborough :

guardians of, appointment of 39

John Simon, allowance on account of loss of

time, wounds, etc., to, ... . 701
James Thomas, impowered to sell land, . 467

Mohawks :
report of committee in regard to, settling in

this Province, 563, 682

at Stockbridge, balance of account of com-
mittee to provide for, allowed, . . 569
supplies for, commissary to be directed to

send 450

teacher and interpreter for, at Stockbridge,

allowance to 647

Mohegan :
Neso Tawney, wages due, for services in
Louisburg expedition, allowed his chil-
dren, 15

Nantucket :
guardians of, appointment of, . . 26, 39

relative to complaint by, against the English

inhabitants, ... 11, 53, 270, 571
Natick :
complaint by, against the English inhabitants, 135
guardians of, appointment of, ... 93
guardians of, to sell land belonging to Abi-
gail Speen, 122

guardians of, to sell land belonging to Elisa-
beth Wedges 490

impowered to sell land :

Thomas Awunsamug 340

Joshua Brand, 429

Peter Brand, 726

Jacob Chalcom 39

INDIANS — continued.
Natick — continued.
impowered to sell land — continued
Jacob Chalcom and others,
Joseph Commecto, .
John Ephraim,

Joseph Ephraim 39,

Peter Ephraim,
Nathaniel and Patience Hill,
Peter and Sarah Lawrence,
Eleazar Poignot, .
Lydia Speen, .
William Thomas, .
Benjamin Tray,

Benjamin Wiser 42

Norridgewalk :

presents for, allowance for purchase of,
Onientas :

sachem of, allowance for benefit of,
Penobscot :

presents for, allowance for purchase of,
Pigwacket:
clothing for. Commissary General to pi'o-

vide, 273,

support of, allowance for, . . 8, 279,

trustees of, account allowed

Puncapaug:
guardians of, to pay account of Stephen

Fales,

trustees of, account allowed, . . .87,
trusteeship of, .John Quincy released from, .
St. Francois :
letter of Col. Williams in regard to, report of

committee on

Schaghticoke:
claim of, to land at Fort Massachusetts, ap-
pointment of committee on, .
Six Nations :
alliance of, relative to measures for secur-

Colony of Connecticut to be informed as to
measures taken for securing, to the
British interest,

commissioners to Albany, for the Congress
with, appointment of, ... .

commissioners to New York, impowered to aid
and assist,

commissioners to Albany, for the treaty with,
appointment of

hoplands in Sheflield, relative to settlement of,
by memljers of, .... 488,

measures to be taken to encourage hostility
of, against French and Indians,

members of, lately settled in this Province,
allowance to

members of, now prisoners in Canada, rela-
tive to

presents to, allowance for, . . . 477,

settlement of, in this Province, committee in
regard to, . . . 488, 504, 563, 567,
Stockbridge :

claims of, to lands in Hampshire Cotmty, com-
mittee to inquire into

division of lands between, and English inhabi-
tants, relative to, . . 231, 272, 326,

Rev. Jonathan Edwards impowered to pur-
chase lands of,

record book to be provided for,

teacher and interpreter for Mohawks at, allow-
ance to

704
496
495
341
39
341
597
368
655
342
363
,85

283

597

283

359
402
190

520

638
86

707

592

564
151
45

647

563

597

155
555

682

647

454

560
339

647

786

Index.

INDIANS — continued.
Titticut :
guardians of, appointment of , .
James Thomas, impowered to sell land.

146,

Tuscaroras :

allowance for presents to, . . . .
INJUNCTION.

as to collecting: taxes in Salem, relative to,
INNKEEPERS,
farmer of excise in Plymouth County impow-

ered to examine accounts of, etc.,
licenses granted to the following persons

Jonas Adams, Salem,

Nathaniel Ames, Dedham,

Thomas Bailey, Boston, .

Nathan Baldwin, Charlestown,

Samtiel Baldwin, Weston,

William Becket, jr., Salem,

Benjamin Bickner, Boston,

Abigail Blodget, Woburn,

Ebenezer Bowman, Cambridge,

Elisabeth Bowman, Cambridge,

Crisp Bradbury, Haverhill,

Joseph Braddish, Cambridge,

John Bradshaw, Medford,

William Briant, jr., Reading,

Edward Britton, Salem, .

Peter Cade, Cambridge, .

Daniel Clark, Topsfleld, .

James Clement, Boston, .

Oliver Colburn, Dunstable,

Thomas Crosby, Braintree,

Benjamin Cudworth, Scituate,

Thomas Cutler, jr., Western,

Benjamin Eager, Shrewsbury,

Benjamin Hatch, Boston,

Benjamin Johnson, Stoughton,

Benjamin Johnson, Woburn,

Ephraim Jones, Concord,

Daniel Lock, Acton, .

John Marston, Boston,

John Morse, Cambridge, .

Briant Morton, Gorham Town,

Thomas Munroe, Concord,

John Nash, Weymouth, .

Zaccheus Norwood, Lynn,

David Osgood, Billerica, .

John Palmer, Marblehcad,

Joseph Parker, Stoughton,

Joseph Perkins, Chebacco,

Mary Perkins, Gloucester,

John Porter, Salem, .

James Proctor, Woburn, .

Asa Putnam, Salem, .

William Read [see William Rice] Sudbury,

Aaron Rice, Rutland,

William Rice, Sudbury, .

Abiel Richardson, Cambridge,

Jacob Robinson, Topsfleld,

Seth Ross, Concord, .

Abraham Sherman, Dartmouth,

Richard Smith, Boston,

Walter Smith, Salem Village,

Thomas Spring, Weston, .

Robert Stone, Boston,

John Thorndike, jr., Beverly,

Caleb Trowbridge, jr., Groton,

718

280,
467

486

678

bl
303
666
386
224
313
364
107
489
715
227
361
383
226
313
191
559
104
457
680
566
510
307
670
309
226
299
458
682
308
667
570
705
699

34
313
309
573
291
177
216

84
661
577
661
251
559
469
324
446
198
457

73
570
679

INNKEEPERS -coHf(«?/erf.
licenses granted to the following persons as —
continued.

John Ward, Lynn 570

Benjamin Waters, Salem, .... 660

INSOLVENT ESTATES.

Robert Galton, 494

Stephen Fessenden 297

Nathaniel Gerrish, jr 449, 493

Samuel and Joseph Gerrish 562

Joseph Newton, jr 361

Jolm Snow, 71, 92

Gyles du Lake Tidmarsh, 13

INSTRUCTIONS,
to commissioners appointed to go to Canada, . 302
to commissioners to attend conference with
the Indians at Albany, committee to

prepare, 544, 548

to committee appointed to exchange bills of

credit 540

to committee in regard to Castle William, . 437

INTERPRETER.
to connnissioners to Quebec, establishment of

wages of, 32

to the Indians, allowance to, 207, 354, 420, 565, 647
to proceed to Canada, allowance for, . . 669

teacher and, for Mohawks at Stockbridge,

allowance to 647

INTESTATE ESTATES.

of Nathaniel Bradford 633

of Henry Bright, 661

of Nathaniel Brown 638

of William Dudley 206

of Edward Richardson 667

of Capt. John Ruggles 286

of .Jonathan Sewall 428

of Mitchel Sewall 428

of Jonathan Sibley, 310

of Samuel Wilson 656

of Isaac Woolson, 325

IPSWICH, Town of.
committee on annexation of certain inhabitants
of, to first parish in Rowley, appoint-
ment of 135

first parish in, certain inhabitants of, with their
estates to be annexed to first parish in

Rowley, 190

first parish in, certain inhabitants of, with
their estates, to be annexed to the new

precinct 59

first parish in, order of notice on, . . . 582
first parish in, report of committee on petition
of certain inhabitants of, to be erected

into a precinct, 22

first and south parishes in, polls and estates in,

to be equalh' di^ ided between, . . 703
second parish in, collector of tjixes to be chosen

in 166

second parish in, part of, erected into a sep-
arate precinct 668

second parish in, petition in regard to ministe-
rial tax in, 438

second parish in, trustees and collector of, rela-
tive to confirmation of proceedings

of 288, 409

south i)arish in, order on petition of, . . . 582
IRISH PROTESTANTS,
relative to transportation of, to this Province, 354, 429

Index.

'87

JAIL.
at Boston :
allowance to blacksmith for viewing the irons

of pirates committed to, . . . . 285
prisoner released from, relative to, . 71, 188

at Taunton, relative to prisoners in, . . . 171
at Cambridge, under-keeper, allowance to, for

subsisting French ijrisoners, . . . 332
in York County :
relative to guard for, . . . 318, 388, 396

relative to the trial of prisoners in, suspected

of murder of Indians, . . • 426, 432
JUDGE OP PROBATE.
for Bristol County :
impowered to allow the division of an

estate, 397

impowered to perfect settlement of an

estate, 711

impowered to provide for settlement of an

estate 395

for Hampshire County :

impowered to attest oaths 267

impowered to settle estate of Daniel Beaman, 372
for Suffolk County :
impowered to allow commissioners more time

to receive account of a creditor, . . 71
impowered to appoint guardians chosen by

minors 586

impowered to distribute an estate, . . .13
impowered to reconsider the additional ac-
count of the administratrix of Jonathan

Draper, 556

to pass on the account of John Fisher,

guardian, 503

petition of, to be relieved from charges for

putting bonds in suit 529

for York County :
impowered to receive additional accoimt of

Nathaniel Gen-ish, jr 18

JUDGMENT.

confirmation of, 114

by default, 47, 82, 211, 265, 273, 278, 293, 375, 397, 515,

578, 590, 650, 706

by default, set aside, 68

error in a, 514

petition to review a 132, 550

petition to set aside a 435

JURY,

misconduct of, relative to, 148

for trial of a case in Bristol County to be

chosen fi-om Middlesex County, . 493, 525
for trial of a case in Bristol County to be

chosen from Sutfolk County, . . . Ill
for trial of a case in York County, petition for,

to be chosen from another county, . 648

trial l)y, petition of .Joseph Moffat for, . . 375
JUSTICES.
Barnstable County:
of superior court in, impowered to hear and

try a cause 522

Bristol County:
of court of general sessions in, impowered to

grant a license, 324

Essex County :
of court of general sessions in, impowered to

accept bond of Ebenezer Choate, . . 571

JUSTICES - continued.
Essex County — continued.

of court of general sessions in, impowered to
accept bond of Stephen Higginson &
Co 586

of court of general sessions in, impowered to

grant a Ucense, 52, 84, 164, 177, 209, 227, 291,
299, 313, 559 bis, 561, 570 bis, 573, 585, 587, 660,
699

of superior court in, to hear and try a

cause, 103, 237, .515

Hampshire County :

of superior court in, to hear and try a

cause 379, 475.

Middlesex County :

of court of general sessions in, impowered to

give a new trial 470^

of court of general sessions in, impowered to

grant a license, 34, 81, 102, 107, 101, 216, 224,
226 bis, 251, 289, 299, 308, 361, 383, 386, 457 bis,.
458, 469, 489, 568, 570, 661, 676, 679, 715

of inferior court in, impowered to hear and

try a cause 697

of superior court in, impowered to try a cause, 674
Plymouth Countj- :

of court of general sessions in, impowered to

grant a license, 566

of court of general sessions in, impowered to
receive repoit of committee on obstruc-
tions to fishery in Hanover, . . . 340

of court of general sessions in, impowered to
reconsider their vote in regard to build-
ing a court house at Plymouth, . . 219

of superior court in, imjiowered to hear and

try a cause 414

Suffolk County :

of court of general sessions in, impowered to

give a new trial, 321

of court of general sessions in, impowered to

grant a license, 46, 73, 104, 193, 194, 195, 197,
303, 309, 441, 443 bis, 444, 446 bis, 467, 576, 591,
666, 670, 677, 680, 682, 705, 716, 725

of court of general sessions in, to see that
repairs are made to bridge over Nepon-
set River, 633

of inferior court in, impowered to give a hear-
ing in the case of the account of Sarah
Checkley 562

of inferior court in, impowered to hear and

try a cause 360, 397

of superior court in, impowered to admit Wil-
liam Stewart as a party to an action, . 526

of superior court in, impowered to confirm a

judgment, 114

of superior court in, impowered to hear and

try a cause, ... 44, 82, 371, 676

of superior court in, impowered to proceed

upon a complaint 664

Worcester County :

of court of general sessions in, impowered to

grant a license, . . . 307, 510, 577

of inferior court in, impowered to hear and

try a cause 643

York County :

of court of general sessions in, impowered to

grant a license, . « . .33, 667

788

Index.

JUSTICES — continued.
York County— continued.
of superior court in, impowered to hear and

try a cause, 265, 365

chief, allowance to, 712

of superior court, allowance to, for attendance
at special court of assize held in York
County, 491

JUSTICES — coH</»«fff.

of superior court of judicature, etc., allowance

to, . . . 93, 173, 376, 482, 594, 708

of superior court of judicature, etc., allow-
ance to, for serTices in attending trial
of rioters in Bristol County, . . .30

KITTERY, Town of.
first parish in, to be divided into two pre-
cincts, 411

men to be posted at out garrisons in, . . . 109

KITTEEY, Town ot — continued.
petition of, in regard to ministerial lands, . 548
Province tax in, certain sum due from John

Lydstone to be added to, ... 727

LAND BANK,
accounts of, appointment of committee to in-
quire into, 501

commissioners of, directed to present ac-
count 129,431

report of committee on, . . . 451, 453, 521
Samuel Stevens partner in petition of, referred

to a committee, 431

LANDS.
account of estate foreclosed under mortgage,

petitioned for 249

administratrix of Amos Muzzy, impowered to

reconvey, 665

assessment of taxes on :

in Blandford, 323

in District of Douglas 702

in Harwich, south precinct 325

in Holden, -267

in North Yarmouth 41, 51

in Oxford, 69

in Rutland, new district 272

in Sutton, second precinct, .... 165

in Wareham, 421

belonging to Indians of Stockbridge, committee

in regard to, . . . 231, 272, 326, 454
between Road Town and Miller's River, com-
mittee impowered to sell, . . . 516
between Suffolk County and Plymouth County,

relative to dispute on 149

bordering on farm of Jonas Woodward, com-
mittee on, appointment of, . - . 664
claims by inhabitants of New Hampshire to,

in this Province, relative to, . ... 321
committee to receive evidence as to titles to,

derived from Eastern Indians, . . 691
confirmation of grant of:

to Moses Banks, 417

to Thomas Dunsniore, Oliver Dunsmore and

Thomas Sweetraau 420

to Thomas Fairbanks 574

to Palmer Goulding 711

to Oliver Hay warti 346

to John Lydstone 578

to Joseph Row, in York County, . . . 240

to Benjamin Ruggles 631

to Daniel Simpson 416

to Esther Stone, 631

to Richard Treat and his three eldest sons, . 503

to Elias Van Schaack, 263

to Thomas White 206

LANDS — continued.
confirmation of grant of — continued.

to Ephraim Williams, 320

to Capt. Ephraim Williams, .... 671
to Col. Ephraim Williams, .... 329

to Timothy Woodbridge 320

delinquent proprietors right to, in Payquage,

confirmed to Joseph Lord, . . . 582
disposition of, bequeathed to Lemuel Barnes,

petition in regard to 542

Rev. Jonathan Edwards impowered to pur-
chase, of the Indians of Stockbridge, . 560
equivalent, grant of:

petition for, by proprietors of Tyng's Town, 519
estate of James Cowden, deed of release of,

administratrix impowered to execute, . 179
estate of Ammi Ruhamah Cutter, deed of re-
lease of, administratrix impowered to

execute 199

forfeited, granted by this Province, committee

on 705

at Fort Massachusetts :
claim to, by Schaghticoke Indians, appoint-
ment of committee on 592

gore of, lying between North Yarmouth and
Brunswick included in precinct erected
out of Merriconeag Neck and adjacent

islands, 269

grant of :

to John Dennis 679

to Thomas Fairbanks, .... 459, 550

to John Lydstone, 478

to Moses Rice, 659

to Rev. Benjamin Ruggles to satisfy a

claim 577

to Esther Stone 461

to Richard Treat and his three eldest sons, . 476
to Capt. Ephraim Williams, . . . .497
petition of John Dwight, of Killingly, Conn.,

for, in this Province, • • • .91
petition of town of Sunderland for an addi-
tional 519

in Hardwick, claim by an Indian to, . . • 481
Mary Smith, administratrix, impowered to exe-
cute lease of, 669

ministerial :
in Bradford :

exchange of, 229

in Worcester :
sale of, ........ 10

Index.

789

LANDS — continued.
mortgaged to commissioners of £50,000 loan,

relative to, .... 2.53, 273, 298
mortgaged to commissioners for Essex County

of £100,000 loan, report of committee on, 218
mortgaged :
purchased of a trustee of £.50,000 loan, relative

to 513

sale of, by guardian, 447

sale of, by heirs of George Nowel and guar-
dian 221

Capt. Noah Sprague impowered to reconvey, 449
near Hoosac for two townships, committee to

lay out 241

near Road Town, committee impowered to exe-
cute a deed of, 591

near Sunderland, to be sold, . . .603 bis
partition of, relative to, . . 381, 395, 397, 633
plan of, in the Eastern parts, relative to, 451, 453, 507
in this Province claimed by inhabitants of New

Hampsliire, report of committee on, . 321
Province:
between north line of Sunderland and Miller's

River, to be annexed to the new precinct, 550
in Hampshire County :

relative to sale of, 696, 698

Hoplands in Sheffield, relative to the settle-
ment of Indians of Six Nations at, 488, .563
intruders on, committee for ejection of, . . 706
purchase of, by Daniel Drury, . . . 367

unappropriated, between north line of Sun-
derland and Miller's River, relative to

sale of 550

west of Connecticut River, relative to the

survey of, ..... 522, 543, 602
in Worcester County, relative to sale of, 642, 644,

680, 688 bis
relative to conveyance of, belonging to one

beyond sea, 449

sale of :

by Elizalieth Barrett and others, . . . 462

by Israel and Sarah Mead, . . . .667

by Ruth Whittemore and sons, . . . 460

for education of children, . . . . 239

by executor or administrator, 10, 50, 5.5, 102, 106,

126, 153, 177, 187, 206, 274, 291, 297, 303, 305,

306 bis, 307, 310, 325, 338, 344, 375, 419, 428, 438,

449, 465, 493, 575, 582, .583, 650, 656, 698, 700, 726

by guardian, 43, 128, 180, 181, 208, 210, 221, 248, 252,

307, 318, 319, 322, 332, 348, 382, 411, 414, 418, 477,

502, 510, .511, 512, 592, 632, 633, 638, 640, 6.53, 675

by guardian and others, . . 11, 61, 366, 604

by heirs of John Estabrook, .... 504

Indian, 39 bis, 42, 85, 122, 146, 188, 280, 289, 340,

341 bis, 342, 363, 368, 372, 429, 4.59, 463, 467,

490, 49.5, 496, 597, 641 bis, 642 bis, 655, 668, 726

Indian, guardians of Indians to recommend

petitions for, 100

in Oxford, by Ebenezer Pierpoint and son, . ,351

to pay debts, allowed, 10, 39 bis, 42, 43, 50, 85, 106,

122, 177, 303, 306, 319, 325, 341, 342, 344, 348,

363, 360, 368, 419, 428, 449, 459, 462, 524, 575,

581, 582, 583, 675

relative to, Ijetween North line of Sunderland

and Miller's River, 550

right to, in Stoughton, by administratrix of

John Makepiece 465

right to, in new Township near Housatonic,

called Number One, .... 661
right to, in Payquage 663

Li A.NDS — continued.
sale of mortgaged, in Plymouth Coimty, by trus-
tee of £5(1,000 loan, relative to, . . 513
in Stockbridge, Col. Dwight impowered to sur-
vey and lay out 339

of John Thayer and others, strip and waste on,

forbidden, 425

of Capt. John Wendell, strip and waste on, for-
bidden 423, 424, 528, 604

title to :

between Province of Massachusetts Bay and

New Hampshire, report of committee

on, petition of Major Lawrence and

Capt. Stevens in regard to, . . . 244

derived from Eastern Indians, committee to

receive evidence as to, . . 674, 691, 722
relative to change of venue in trial of, 65, 402, 411,

445
Titticut precinct, in Bridgewater and Middle-
borough, plan of certain land in, to be

prepared, 214

unappropriated, petition of Joseph Green and

others to purcliase 453

in York County, Zachariah Bracket of Ipswich

authorized to defend title to, . . . 265
LEGISLATIVE MATTERS,
referred, 162, ii^i, 357, 402, 450, 502, 557, 569, 605, 648,

698
LEICESTER, Town of.

line remitted to 271

petition of Daniel Denny and others of, rela-
tive to laying out and repairing high-
ways in, 351

west parish in, tiix assessed upon lands of non-
residents in, 514

LEOMINSTER, Town of.
billeting Canada soldiers at, allowance for, . 105
inhabitants of, employed as scouts, . . . 153

soldiers to be posted at, 21

LETTERS,
anonymous, report of committee in regard to, . 253
of Agent Bollan, report of committee to con-
sider 572

of [de] Castine and others, report of committee

on, ........ 474

from Gov. Clinton of New York, relative to, . 725
Secretai-y to prepare a draft of, to Chief Justice
Delaney of New York relative to gift of

Sir Peter Warren 694

of Col. Williams in regard to St. Francois

Indians, report of committee on, . . 707
LIBEL.
proclamation to be issued for the apprehension

of persons guilty of 517

LICENSES,
granted to the following persons as innkeepers :

Jonas Adams, Salem, 52

NathanierAmes, Dedham, .... 303

Thomas Bailey, Boston 666

Nathan Baldwin, Charlestown, . . .386
Samuel Baldwin, Weston, . . . .224
William Becket, jr., Salem, . . . .313
Benjamin Bickner, Boston, . . . .364
Abigail Blodget, Woburn, . . . .107
Ebenezer Bowman, Cambridge, . . .489
Elizabeth Bowman, Cambridge, . . .715
Crisp Bradbury, Haverliill, . . . .227

Joseph Braddish, Cambridge 361

John Bradshaw, Medford 383

William Briant, jr., Reading, . . . .226

'90

Index.

LICENSES — continued.
granted to the following persons as Innkeepers
— continued.
Edward Britton, Salem, .
Peter Cade, Cambridge, .
Daniel Clark, Topsfleld, .
James Clement, Boston, .
Oliver Colburn, Dunstable,
Thomas Crosby, Bi'aiutree,
Benjamin Cudworth, Scituate,

Thomas Cutler, jr.. Western,
Benjamin Eager, Shrewsbury,
Benjamin Hatch, Boston,
Benjamin Johnson, Stoughton,

Benjamin Johnson, Woburn,

Ephraim Jones, Concord,

Daniel Lock, Acton, .

John Marston, Boston,

John Morse, Cambridge, .

Briant Morton, Gorhamtown,

Thomas Munroe, Concord,

John Nash, Weymouth, .

Zaccheus Norwood, Lynn,

David Osgood, Billerica, .

John Palmer, Marblehead,

Joseph Parker, Stoughton,

Joseph Perkins, Chebacco,

Mary Perkins, Gloucester,

John Porter, Salem, .

James Proctor, Woburn, .

Asa Putnam, Salem, .

William Read [see William Rice], Sudbury,

Aaron Rice, Rutland,

William Rice, Sudbury, .

Abiel Richardson, Cambridge,

Jacob Robinson, Topsfleld,

Seth Ross, Concord, .

Abraham Sherman, Dartmouth

Richard Smith, Boston,

Walter Smith, Salem Village,

Thomas Spring, Weston, .

Robert Stone, Boston,

John Thorndike, jr., Beverly,

Caleb Trowbridge, jr., Groton,

John Ward, Lynn,

Benjamin Waters, Salem,
granted to the following persons to sell spirit
nous liquors :

Gyles Alexander, Wilmington,

William Dudley Atkins, Newbury,

Mary Blauey, Salem,

Daniel Dana, Cambridge,

Sarah Dorby, Boston,

Jonathan Dwight, Boston,

Joseph Frye, Salem, .

James Gooch, Boston,

Joseph Greenleaf and Jonathan Prescott, dis-
tillers, Boston, .

Peter Groves, Beverly,

Estes Hatch, jr., Roxbury,

William Ilickling, distiller, Boston,

Jonathan Jackson, Boston,

Lydia Lebostjuoit, Charlestown,

Jonathan Loring, Marlborough,

John Lowder,

Philip Masters, Boston, .

Uriah Morse, Medway, .

Job Prince, Boston, .

Edmund Putnam, Salem, .

Walter Smith, Salem Village,

313
191
559
104
457
680
566
510
307
670
309
226
299
458
682
308
667
570
705
699
34
313
309
573
291
177
216
84
661
577
661
251
559
469
324
446
198
457
73
570
679
570
660

289
587
209
568
443
441
561
467

197
585
725
576
46
101
128
195
193
591
716
299
164

LICENSES — continued.
granted to the following persons to sell spiritu-
ous liqiiors — continued.

Margaret Swan, Boston, 444

Sarah Thomas, Boston 443

George Tilley, Boston 446

William Toler, Stoneham, . . . .81

Sendall Wilhams, Boston 194

David Wj-er, distiller, Charlestown, . . 676

Hannah Young, Boston 677

to venders of tea, coffee, etc., order in regard

to 556

LIEUTENANT-GOVERNOR.
Spencer Phips:

allowance to, 382, 496

allowance for expenses of, and attendants at

conference with the Eastern Indians, 544,

555
to appoint a day of Thanksgiving, . . 445, 565
to cause the guns at Castle William to be dis-
mantled 396

to issue a proclamation for the apprehension

of Obediah Alby, jr 317

to issue a proclamation for the apprehension

of persons guilt.v of libel, . . . 517
to issue a proclamation offering a reward for
the apprehension of escaped prisoners,
suspected of murder of Indians, . . 324
to issue a proclamation for a public Fast, 500, 646
to give orders for a guard for the jail in York

County, 318

to make presents to the Eastern Indians, . 450
to order a detachment of militia to assist
officer charged with execution of a war-
rant for apprehension of Benjamin and

Richard Holbrook, 330

to present claim for reimbursement of ex-
pense of garrison at Fort Dummer, . 643
to be presented with one of the Province

horses, 693

to take measures for the redemption of cap-
tives in Canada, 604

to write to commanders of garrisons, concern-
ing the law against taking l)eaver, etc., 719
LIGHTHOUSE, BEACON ISLAND.
boat at, committee to provide new mooring for, 49
firewood for, allowance for, 105, 217, 315, 481, 605, 692
keeper of :

allowance to, for repairs at 609

allowance to, for services, 105, 217, 315, 481, 605,

692
repairs at, committee on, relative to, 284, 543, 601,

607, 715
LITTLETON, Town of.

constaljles in, confirmation of appointment of, 81
LIQUOR.
construction of the act in regard to excise on,

etc., 427

LIQUORS, SPIRITUOUS,
farmer of excise in Plymouth County impow-
ered to examine accounts of retailers

of 678

licenses granted to the following persons to sell :
Gyles Alexander, Wilmington, . . . 289
William Dudley Atkins, Newbury, . . . 587

Mary Blaney, Salem, 209

Daniel Dana, Cambridge, .... 568

Sarah Dorby, Boston, 443

Jonathan Dwight, Boston, . . . .441
Joseph Frye, Salem 561

Index.

791

LIQUORS, SPIRITUOUS — continued.
licenses granted to tlie following persons to sell
— continued.
James Gooch, jr., Boston, .... 467

Joseph Greenleaf and Jonathan Prescott,

Boston, distillers 197

Peter Groves, Beverly, 585

Estes Hatch, jr., Roxbury, .... 725
WlUiam Hickling, distiller, Boston, . . 576

Jonathan Jackson, Boston 46

Lydia Lebosquoil, Charlesto\vn, . . .101
Jonathan Loring, Marlborongh, . . . 128

John Lowder, 195

Philip Masters, Boston, 193

Uriah Morse, Medway, 591

Job Prince, Boston 716

Edmund Putnam, Salem 299

Walter Smith, Salem Village 164

Margaret Swan, Boston 444

Sarah Thomas, Boston, 443

George Tilley, Boston 446

William Toler, Stoneham, .... 81

Sendall Williams, Boston 194

David Wyer, distiller, Charlestown, . . 676

Hannah Young, Boston 677

LOAN.
of £50,000:
relative to land mortgaged to the commis-
sioners of, .... 253, 273, 298
trustee of, sale of mortgaged lands in Plym-
outh County by, relative to, . . . 513
of £100,000:

committee on, to make report 473

land mortgaged to commissioners of, for

Essex County, report of committee on, 218
for carrying on trade, to be paid into the Prov-
ince Treasury by instalments, . . 331
commissioners upon, committee to settle ac-
counts with 701

LOTTERY.
to defray expense of bridge at Old Town Ferry,

Newbury, petition for, .... 386
LOTTERY, MASSACHUSETTS,
managers of:

allowance to, 729

appointment of, 492

clerk to, allowance to, for services, . . 705

to be directed in regard to purchase of tickets

by members of the General Assemblv, 530
Province Treasurer :
to pay debts with money received from, . 561
to pay interest and premium on government

securities taken for tickets in, . . 562
to redeem outstanding benefit tickets in, . 702
LOUISBURG.
report of committee concerning rumored hostile

preparations at, 458

LOUISBURG EXPEDITION.
account of Lt. Col. Edward Eveleth for sub-
sistence and stores allowed, . . 384, 435
account of Ebenezer Prout, sub-comniissary

with. Commissary General to settle, 134, 192
accounts of commissaries on, committee to in-
quire into, 9

Anthony Glazier, allowance to, for services to

the English in, 399

artillery in, captain of, allowed wages as bom-
bardier 452, 515

Capt. Israel Bailey in, allowance to the widow

of, 490

LOUISBURG EXPEDITION — coH<f«Med.
billeting account of Capt. John Ilurstou in,

allowed, 346

bounty and billeting money due Capt. John
Buggies in, allowed to administrators

of his estate 286

brigantine Boston Packet employed in, com-
mittee to sell 156

Commissary's account for clothing sent to
Louisburg to be forwarded to the Prov-
ince agents 79

committee of war :
to allow subsistence to soldiers in, . . . 97
to allow John Ulmer pay as drum major and

for repairing drums 277

allowance by, to George Gerrish for tools

taken for use of garrison at Louisburg, 246
allowance by, to Jane Hall for medical attend-
ance on her husband, a soldier in, . . 37
allowance by, for hire of schooner Hopewell

for, 278

allowance by, for loss of time, wounds, etc.,
while in :

to Timothy Barron 48, 164

to Patrick Burn, . . . 42, 197, 337, 431

to Clement Chamberlain 58

to Seth Chipman 91

to Joseph Freeman, jr., . . -11, 310

to Nathaniel Hix, 8

to Thomas Hosmer, jr 92

to Samuel Hovey, 231

to Moses Hoyt, ... 56, 164, 310, .568

to Terrence Kane 520

to Edward Manchester, . . . .16

to Robert Miller, 145

to James Pierce, seaman, ... 48, 119

to David Stan wood 36

to Job Stanwood, .... 8, 114

to Alexander Tarrant 49, 130

to John Wilson, jr., 505

allowance to, for services 232

to collect money due for bread ptirchased of

them 159

to pay administratrix of Dr. Joseph Pierce

for his services as a surgeon in, . . 245
to pay expenses of, from the appropriation

for Canada expedition, .... 161
to pay Dr. John Russell for medical attend-
ance to a soldier in 51

to pay wages due soldiers for service in :
to Capt. Joseph Goldthwait for sickness and
funeral expenses of Lieut. Bazil Dix-

■well, 347

to Richard Gridley, .... 452, 615

to Gershom Hamlin 88

to Eleanor Hind, on account of Jabez Clarke, 652

to John Keffe, 367

to Samuel Knowles for widow of Joseph

Adams, 145

to Capt. .Tames Noble, 38

to Eleazar Porter for benefit of children of

Neso Tawney 15

to .John Spear, father of David Spear, . 311
to Seth Sumner, attorney to Pompey and

wife, heirs to Jesse Covet, . . .113
to father of Ebenezer Sumner, . . . 401
to mother of Benjamin Southwick, . . 398
to the widow of Daniel Crecy, . . .15

to the widow of an Indian 223

to the widow of Ebenezer Maxey, . . 242

792

Index.

LOUISBURG EXPEDITION — coft^^■«^<ed.

English prisoners brought to Boston, allowance

for victualling, 359

expense of, relative to a grant from Parliament

in payment of 103, 165, 195

Governor, Secretary and Speaker to execute an
instrument for receiving the money to
reimburse the Province for expenses
of 250

soldiers in, accounts of persons advanced money

for enlisting, etc., to be settled, . . 125

soldiers in, allowance to, 184, 186, 228, 247, 275, 276,
277, 345, 361, 374, 420, 471, 472, 493, 671, 702

soldiers in, pension to, .... 233, 702

soldiers in, or their representatives, township

granted to, 400

soldiers in, wages due on muster-roll of,

allowed 587

stores purchased for forces at Louisburg, com-
mittee to sell, 129, 156

LOUISBURG EXPEDITION — continued.

subsistence and passage of certain persons to

Annapolis provided for, . . . .13

surgeon at Louisburg, Dr. William Rand, com-
mittee in regard to the payment of
drafts of 301

transfer of a certain amount from the appropria-
tion where there is no establishment to
the appropriation for 130

wages due Jonathan Clary for services in,

allowed his administrator, . . . 584

wages due Lt. Col. Edward Eveleth for services

in, allowed, 584

LUNENBURG, Town of.

billeting Canada soldiers at, allowance for, . 104

men to be posted at, 21

men to be posted at out garrisons in, . . 108

LYNN, Town of.

certain inhabitants of, and of Chelsea to be

erected into a precinct, .... 356

MARBLEHEAD, Town of.

fort at, allowance to engineer for projecting

and building 498

MARSHPIELD, Town of.

petition of, and of other towns in regard to

building a court house at Plymouth, . 219
MARTHA'S VINEYARD, INDIANS OF.

complaint by, against their guardians, report

of committee in regard to, . . . 52

complaint by, in regard to the execution of a

deed 31

complaint by, of alienation of their estates by

fraudulent practices, ... 81, 32

guardians of, appointment of, . . . .39

guardians of, to render an accoimt, . . . 314
MARY, the ship.

to be prepared for a hulk 61

MARYLAND.

government of, to be requested to conti-ibute
towards expedition against Crown
Point, 65

governor desired to write to the government

of, and of other colonies, ... 7

provision for transportation into, of certain
persons arrested on suspicion of murder

in that Province, 540

MASHPEE INDIANS.

guardians of, account allowed, . . . 524, 694

guardians of, appointment of, . . . .39

guardians of, report of committee in regard to

complaints against 52

MASSACHUSETTS BAY, Province of.

allowance to Stephen Sewall, Chief Justice

of, 712

commissioners for New York, Connecticut and,

relative to 62, 68, 70, 72

goods and presents to be supplied by Connecti-
cut, New York and, to secure the alli-
ance of Indians of Six Nations, . . 62

Governor of, desired to write the governments

of other colonies 7

Old Colony Line between, and New Plymouth

Colony, renewal of, 149, 1.55, 423, 425, 448,
528, 605, 648

relative to boundary between, and Connecti-
cut 76,337,460,476

MASSACHUSETTS BAY, Province of —
continued.
relative to boundary between, and New Hamp-
shire 244, 541

relative to boundary between, and New York,

committee to settle 660, 682

relative to boundary between, and Rhode

Island 318, 367, 389, 508

relative to claims by inhabitants of New Hamp-
shire to lands in, 321

relative to the qualifications of treasurer of, 693, 695
seizures made tmder any act of, committee in

regard to, 200

to support a certain soldier 461

taxes due from persons set off from Bristol
County in, to Rhode Island, committee
on collection of arrears of , . . . 439
MASSACHUSETTS FORT.
Capt. Ephraira AVilliams, commander of :
letter from, in regard to the claim of Schagh-

ticoke Indians to land at, . . . 592
allowance on account of loss of time, wounds,
etc., while in service at :
to Nathaniel Ames, .
to Elisha Chapin,
to John Hawks, .
to .John Perry, .
to Joseph Scott, .

to Moses Scott, .

to Stephen Scott,

to Jacob Shepard,

to Daniel Smead,

to John Smead, .

to John Smead, jr., .

Benjamin Symonds, .

to David Warren,

to Ezekiel Wells,
allowance to the followin
hire fi'om :

Benjamin Fassett, ....

Ebenezer Gould, ....

Nathaniel Hunt, ....

blockhouses east of, men to be posted at,
chaplain and surgeon for, allowed.

. 362

. 336

. 352

. 314

112, 352

. 501
persons, for horse-

. 352
. 352
. 352
51, 168
. 152

establishment of rates for billeting soldiers

at 323, 598

Index.

793

MASSACHUSETTS FORT — continued.

garrisou at, addition to 67

guns lost at, relative to, . . . 17, 83, 315
late garrison at, guns allowed for certain mem-
bers of 3o'2

men to he posted at, . . 51, 168, 264, 334, 423
soldiers at, to be admitted as settlers in west

township of Hoosac 485

soldiers at, establishment of 598

soldiers taken captive at, 35, 114, 147, 148, 224, 270,

312, 314, 332, 352
volunteers to be posted at, relative to, . . 89
wages due Nathan Eames for service at, allowed

his widow, 83

MASSACHUSETTS FRIGATE, the ship.
Capt. Moses Bennct, commander of:

allowed to make uj) muster-roll, 287, 374, 472, 562
appraisement of, report of committee on, . 455

disposition of, committee for, relative to, 200, 358,

498, 555, 569, 606
to be employed for transportation of Protes-
tants from Ireland to this Province, 354, 429
establishment of wages for, etc., 31, 45, 127, 160

first cruise of, directions concerning, . . 127

rum to he provided for, in lieu of beer, . . 129

seamen for, may be impressed 127

wages allowed captain and two men on board, 191
wages of seamen on, omitted on muster-roll

allowed 209

warlike stores on board, committee to sell, . 707
MASSACHUSETTS LOTTERY.
managers of :

allowance to, 729

appointment of, 492

clerk to, allowance to, for services, . . 705

to be directed in regard to purchase of tickets

by members of the General Assembly, 530
Province Treasurer:
directed to pay debts with money received

from, 561

directed to pay interest and premium on gov-
ernment securities taken for tickets in, 562
to redeem outstanding benefit tickets in, . 702
MASSACHUSETTS, tlie sloop.
Capt. Thomas Saunders, commander of:

impowered to make up his muster-roll, . . 568
establishment of officers and men on, . . 598
stores on, to be shipped to the Eastern fron-
tiers 149, 151

to be employed for use of the Governor iu his

passage to New York and Alliany, 149, 151

to be taken into service 431

MATTAKESET INDIANS.

guardians of, appointment of, .... 718
MEDFIELD, Town of.

tiixes iu, constable impowered to collect, . . 250
MEDICINE,
and medical attendance for soldiers in Louis-
burg expedition, allowance for, . . 51
and medical attendance for soldier on the West-
ern frontiers, allowance for, . . . 116
purchased for forces at Louisburg, committee

to dispose of 129

MEDWAY, Town of.

abatement of taxes in, 20

certain families in, annexed to Wrentham, taxes

of, to be added to Wrentham, . . 128
petition of certain inhabitants of, Holliston,
Bellingham and AVrentham to be erected
into a precinct, 159

MEETING-HOUSES.

in Berwick, committee in regard to building, . 237

in Dracut, committee in regard to building, 116, 135

in Easton, relative to building, . 468, 491, 516, 520

in Holden, confirmation of vote for raising a

tax to finish 267

in Middleborough :
First parish, report of committee relative to

closing of, 392

in Natick, committee in regard to building, 294, 442

in North Yarmouth, petition of committee to )je

impowered to assess a tax for building, 41

in Oxford, assessment of taxes, for building, . 69

in Rutland, new district, assessment of taxes

for building, etc., 272

in Sutton, second precinct, assessment of taxes

for building, 165

in Titticut precinct, in Bridgewater and Mid-
dlejjorough, i-eport of committee on
lauds to be jirovided for, . . .349

MEMORIAL.

of Capt. Daniel Hill in regard to his conduct, . 235
MERRICONEAG NECK.

and the islands withiu town of North Yarmouth

and other lands erected into a precinct, 269
METHUEN, Town of.

fine remitted to, 413

First parish in, report of committee on, . . 592
MIDDLEBOROUGH INDIANS.

guardians of, appointment of 39

John Simon, allowance to, on account of loss

of time, wounds, etc., .... 701

James Thomas, impowered to sell land, . . 467
MIDDLEBOROUGH, Town of .

certain inhabitants of First parish, with their

estates, to be erected into a precinct, . 98

certain inhabitants of, and of Rochester, Dart-
mouth and Freetown, with their estates,
to be annexed to the new precinct, . 441

certain inhabitants of, and of Rochester, Dart-
mouth and Tiverton, with their estates,
to be erected into a precinct, . . .54

certain inhabitants of, with their estates, to be

continued in the first precinct in, . . 232

east precinct in, committee in regard to the

support of the ministry in, . . . 29

First parish in, to reimburse collector of

taxes, 3G8

First parish in, report of committee relative to

closing meeting-house in, ... 392

Indians in, guardians of, appointment of, . 39

pastor of a church in, land granted to, to sat-
isfy a claim 577

pastor of First Church in, memorial of, in

regard to salary 430

James Thomas, Indian of, impowered to sell

land, . 467

Titticut Precinct in Bridgewater and :
collector of taxes to be chosen in, . . . 167
plan of certain land in, to be prepared, . . 214
proceedings of meeting in, confirmed, . . 317
relative to lands for use of the ministry and

for a meeting-house in 349

MIDDLESEX COUNTY.

courts in, adjourned, 210, 809

court of general sessions in, continued to next

session 87

farmers of excise in :
committee to choose, . . . 162, 223, 552, 636
John Hunt, appointment of, . . . . 651

794

Index.

MIDDLESEX COUNTY — continued.

fanners of excise in — continued.

Elisha Jones, appointment of 589

Thaddeus Mason, apijointnient of, . . • 171

forces ordered from, to carry ten days pro-
visions 24

jury to be summoned from, .... 525

justices of court of general sessions in, impow-

ered to give a new trial 470

justices of court of general sessions in, impow-

ered to grant a license, 34, 81, 102, 107, 191,
216, 2-24, 226 bis, 251, 289, 299, 308, 361, 383, 386,
457 his, 458, 469, 489, 568, 570, 661, 676, 679

justices of inferior court in, impowered to hear

and try a cause 697

justices of superior court in, impowered to

hear and try a cause, .... 674

prisoners in York County jail on suspicion of
murder of Indians, to be removed to
jail in 426 bis

selection of a jury from, to try a case in Bristol

County 493

sheriff of, order on petition of, . . . . 714

superior court in, Foster Hutchinson impow-
ered to enter an appeal in, . . . 590

treasurer of, account allowed, 26, 165, 278, 437, 549,

638
MIDDL.ETON, Town of.

proceedings of town meetings in, confirmed, . 673
MIDDLETOWN, Connecticut.

commissioners for New York, Connecticut and
Province of Massachusetts Bay to meet

at 62,68,70,72

MILITIA.

detachment of, to be ordered to assist officer
charged with execution of a warrant
for apprehension of Benjamin and

Richard Holbrook 330

MILL-DAM.

upon Indian Head River, relative to obstruc-
tions of passage of fish by, . . . 340
MINISTERIAL LAND

in Bradford, exchange of, 229

in Kittery, Third parish, petition in regard to, . 548

in Worcester, power to sell, . . . .10

MINISTERIAL TAXES.

In Concord, West Society of, committee in

regard to 196, 252

in Ipswich, Second parish, petition in behalf of, 438
MINISTERS.

in Holden, assessment of taxes for support of, 267

at Narragansett Township Number Two, peti-
tion of, in regard to support of, . . 437

in Quabin, inhabitants of, impowered to settle, 284

in Rutland, northwest part, assessment of taxes

for support of, etc 272

supiiort of, vote in regard to 99

MINISTRY.

in Blandford, assessment of taxes for support

of 323

in Concord, West Society of, taxes for support

of 196, 252, 365, 468

in Leicester, West parish, assessment of taxes

for support of 514

in Middlcborough, East precinct, eommittee in

regard to support of, . . . .29

in Provincetown, allowance for support of, . 37

in Stoughton, certain inhabitants set off from
Stoughton to Walpole to be exempted
from support of 530

MINORS,
certain, impowered to choose a new guardian

or guardians 586

confirmation of deed by 461

guardian of:

impowered to sell land, 43, 128, 180, 181, 208, 210,

221, 248,252,318, 319, 322, 332, 382, 411, 414, 418,

447, 477, 510, 511, 512, .592, 632, 633, 638, 653, 675

petition of, for executors to sell land, . . 126

sale of laud Vielongiug to, authorized, . . 504

MODERATOR.

at parish meeting in Natick, allowance to, . 383
MOHAWK INDIANS,
report of committee in regard to, settling in this

Province 563, 682

at Stockbridge, balance of account of committee

to provide for, allowed 569

supplies for, commissary to be directed to send, 450
teacher and interpreter for, at Stockbridge,

allowance to, 647

MOHEGAN INDIANS.
Neso Tawney, wages due for services in Louis-
burg expedition to Ije allowed his chil-
dren, 15

MONEY,
advanced by this government for captives re-
turned Ijclonging to other governments, 35
committee to assist the Treasurer in borrow-
ing, 451

committee in regard to circulation of English, 358
Treasurer forbidden to pay out base, . . 494

l)orro\vod, Treasurer to give receipts for, . . 450
MORRISON'S (blockhouse).

men to lie jiosted at 108

MORTGAGE,
account of estate foreclosed under, petitioned

for 249

of land to commissioners for Essex County of

£100,000 loan, relative to, . . .218

of land to commissioners of £50,000 loan, rela-
tive to fraudulent dealings in regard

to, 253, 273, 298

MURDER,
of Indians in York County, relative to, 317, 324, 330,

426 bis, 432
MUSTER-ROLLS,
allowance to Capt. Humphrey Hobbs for ex-
pense of sickness contracted while
attending the passing of his, . . 231
Capt. Moses Bennet, commander of Massachu-
setts frigate :
impowered to make up, . . 287, 374, 472, .562
wages of seamen omitted on, allowed, . . 209
Capt. Thomas Henderson:

impowered to make up 157

Capt. Thomas Saunders :

impowered to make up 568

Capt. Phineas Stevens:

impowered to make up, 185

Capt. William Symmes :

impowered to make up 20

of Capt. Samuel Bancroft:

wages due soldiers on, to be paid, . . .68
of Capt. Jonathan Bane :

wages due Nathan Barker omitted on, allowed, 426
of Capt. Bean :

wages of William Hodges to be made up on, . 657
of [Capt.] Jabez Bradbury :
M'ages due John Vass on, allowed to Me

mother, 506

Index.

79^

MUSTER-ROLLS — continued.
of Capt. Timothy Brighani:
wages due John Eddy, jr., on, allowed John

Eddy 306

of Capt. Burns:
deficiencies on, allowed :

to Japhet Chapin 69

to Timothy Cheney, 69

to Francis Cole 69

to John Keith 69

to Eli Morse 69

to Jesse Pratt, 69

of Capt. Cargill :
wages due Silas Leonard on, allowed his

father, 371

of Capt. Cargyle:
wages due Michael Adams on, allowed his

father, 295

of Capt. Ammi Ruhamah Cutter :

wages due John Kellog [Kelly] on, allowed, . 687
of Maj. Enoch Freeman :

pay and subsistence for one month allowed on, 380
of Capt. John Harman and company :
sums due on, to be paid to them or their legal

representatives 319

of Capt. Daniel Hill :
to be detained in olHce of Commissary Gen-
eral 235

of Capt. Jordan :
Mary Clark impowered to receive wages due

husband on, 27

wages and subsistence of Benjamin Ellis

omitted on, allowed, .... 207
of Capt. Dominicus Jordan :
deficiency in wages of William Worster on,

allowed 121

MUSTER-ROLLS — continued.
of Capt. Benjamin Larrabee :
deficiency in wages of Stephen Boynton on,

allowed g4

of Capt. Moody :
wages due George Claris on, allowed his

heirs 374

of Capt. James Noble :

wages due soldiers on, allowed, . . .38
of Capt. John Stevens :
wages and subsistence of soldiers allowed on,

after term of establishment, . . .19
of Capt. Phineas Stevens:
wages due Josiah Holbrook omitted on,

• allowed 345

of Col. John Stoddard:
wages of Nathaniel Webb on, withheld

through mistake, allowed, . . . 305
deficiency in wages of Josiah Keith on, allowed, lis
sums due soldiers on, to be paid from the appro-
priation for forts and garrisons, . . 601
emission of bills of credit for payment of, . 20*
of inhabitants of Narragansett Township Num-
ber Two and Leominster, employed as

scouts, allowed, 198

wages and billeting omitted on, allowed:

to Ichabod Day, 181

to Jeremiah Man 181

to Ebenezer Shuttleworth, . . . .181
wages due son of Robert Benham on, allowed, 323
wages due Samuel Goodman on, allowed, . . 332
wages due Joseph Graves omitted on, allowed, 229
wages due Ebenezer Holmes omitted on,

allowed, 401

wages due Eleazar Priest on, allowed his father, 339

NANTUCKET COUNTY.

farmers of excise in :
committee to choose, . . 162, 223, 554, 637

NANTUCKET INDIANS-
complaint by, against the English inhabitants,

relative to, ... 11, .53, 270, .571

guardians of, apjiointment of, . . . 26,39
NANTUCKET, Town of.
transportation of whale-boats from, to Fal-
mouth, Casco Bay, allowance for, . 43
NARRAGANSETT TOWNSHIP NUM-
BER ONE.
proprietors of, impowered to remove a fort, . 480
NARRAGANSETT TOWNSHIP NUM-
BER TWO.
inhabitants of, to serve as scouts, . . .153

men to be posted at, 21,108

non-resident proprietors of, report of commit-
tee on, complaints against,
payment of inhabitants of, for their services as

scouts, allowed

petition of minister of, in regard to his sup-
port,

wages due soldiers posted at, allowed, . . 73
NATICK INDIANS.
complaint by, against the English in regard to

fishing privileges 135

guardians of, appointment of, . . . .39
guardians of, to sell land belonging to Abigail

Speen 122

392

198

437

NATICK INDIANS — continued.
guardians of, to sell land belonging to Eliza-
beth Wedges 490

Impowered to sell land :

Thomas Awunsamug, 340

Joshua Brand, 429

Peter Brand 726

Jacob Chalcom 39

Jacob Chalcom and others, .... 704

Joseph Commecto, 496

John Ephraim 495

Joseph Ephraim 39, 341

Peter Ephraim 39

Nathaniel and Patience Hill 341

Peter and Sarah Lawrence 597

Eleazar Poignot, 368

Lydia Speen 655

WiUiam Thomas 342

Benjamin Tray, 363

Benjamin Wiser, 42, 85

NATICK, Township of.

collection of taxes in, 239

committee for viewing, account of, allowed, . 428
grant of land in, confirmed to Nathaniel Bul-

lard 429

meeting-house in, committee in regard to build-
ing • . . 294, 442

parish meetings at, relative to, . . 120, 158, 212
relative to sale of land in, belonging to certain

Indians 668

796

Index.

NATICK, Township ot — continued.
valuation of rateable estates in, relative to, 131,

311, 383
NEEDHAM, Town of.
fine remitted to, . . . • • • .17
proceedings of meeting in, confirmed, . . 413
NEPONSBT RIVER,
bridge over, relative to liability for repairs

"on, 593,633

NEW BRAINTREE.
and parts of Hardwick and Brookfleld, to be

erected into a precinct, . . . 440, 4.53
petition of inhabitants of, and of the west wing

of Rutland, to be erected into a precinct, .334
the precinct erected out of, and parts of Hard-
wick and Brookfleld, to be erected into

a district 475

NEW BRAINTREE, DISTRICT OF.

assessment of taxes in, 653

New Braintree and parts of Hardwick and

Brookfleld, to be called, . . . .518
•■»to be provided with Province Laws, . . . 680
NEWBURY, Town of.
First and Third parishes in, certain families

exempted fi'om parish rates, . . . 687
lottery in, to defray expense of bridge at Old

Town Ferry, petition for, . . . 386
Third parish in, proceedings at meetings in,

confirmed, 424

NEW HAMPSHIRE.
bills of credit, relative to receipt of, contrarj-

to law, ....... 394

boundary between Province of Massachusetts

Bay and, relative to, . . . 244,541
government of, to be requested to contribute
towards expedition against Crown

Point 65

Governor desired to write to the government

of, and of other colonies, ... 7
relative to claims by inhabitants of, to lands in

this Province, 321

NEW HAMPTON (South Hampton) .
establishment of rates for billeting soldiers at, 323

men to be posted at, 108, 152

NEW JERSEY,
government of, to be requested to contribute
towards expedition against Crown

Point 65

Governor desired to write to the government

of, and of other colonies, ... 7
NEW MARBLEHBAD, Township of.
inhabitants posted at, petition in regard to, . 234
men to be posted at, . . .51, 109, 168, 264
pay and subsistence of inhabitants of, serving

as soldiers, allowed, .... 300
NEW MARLBOROUGH (Number Two),
Township of.
order on petition of non-resident proprietors of,

in regard to a certain town-meeting in, . 547

taxes in, petition in regard to 112

NEW MEADOWS, Township of.

men to be posted at, 109

NEW PLYMOUTH COLONY.
Old Colony line between Massachusetts and,

renewal of, 149, 155, 423, 425, 448, 528, 605, 648
NEW RUTLAND, Township of.

inhabitants of, to serve as scouts, . . . 153
NEW SALEM, Township of.
billeting soldiers at, allowance for, . . . 104
establishment of rates for billeting soldiers at, .323

NEW SALEM, Township of — continued.

men to be posted at, 108

survey of, to be made, ,680

NEW TOWNSHIP NEAR HOUSA-
TONIC (Number One).
Benjamin and Sarah Bemis impowered to sell

land right in 661

NEW YORK.
boundary between Province of Massachusetts

Bay and, committee to settle, . 660, 682

commissioners for Connecticut, Province of

Massachusetts Bay and, relative to, 62, 68,

70,72
goods and presents to be supplied by Con-
necticut, Province of Massachusetts
Bay and, to secure the alliance of
Indians of the Six Nations, . . .62
Governor desired to write to the government

of, and of other colonies, ... 7
Governor of, letter from, report of committee

on 725

NEW YORK CITY.

congress at, relative to, . . 27, 37, 38, 45, 62
NEW TRIAL.

granted to Samuel Stone, 470

inhabitants of District of Douglas to have, in

regard to the boundary 445

John McKenny and others to have, . . . 365
petition of :

Samuel Belknap for, 435

.James Carr for, 147

John Coles for, 335

Jonathan Draper for 444

John Fisher for, 88

Ephraim Gates for, 706

Jonathan Hayden for 321

George and Robert llewes for, . . . 150
Daniel Hunt and Ebenezer VVhittaker for, . 148

Ephraim Kellogg for, 379

John Liddell and Sarah LiddeU, executrix,

for 251, 280, 290, 362, 447

John Matthews for, 447, 469

Joseph Moffat for 375, 421, 440

William Nichols for 278

John Oulton for, 293

Joseph Prince for ' . 286

Nathaniel Richardson for, .... 273

James Stetson for, 519

Mary Wolcot, administratrix, and John

Dodge for, 290

NICHE WO AG, Township of.
billeting Canada soldiers at, allowance for, . 105
inhabitants of, to serve as scouts, . . .153

men to be posted at, 108

wages due inhaliitants posted at, allowed, . 73
NORRIDGEWOCK INDIANS.

presents for, allowance for purchase of, . . 283
NORTHAMPTON. Town of.
new district in, to be provided with Province

Laws 680

NORTHPIELD, Town of.
biUeting soldiers in, relative to, . . 243, 276, 323
men to be posted at, . . 21, 51, 108, l.i2, 168, 276
NORTH YARMOUTH, Town of.

men to be posted at, 109

new precinct in, erected, 269

pay and subsistence of men at, and at the east-
ward, to be continued, .... 264
petition of agents of, for correction of a mistake

in a record, 113

Index.

797

NORTH YARMOUTH, Town ot — continued.

Province tax iu, certain sum due from Nathaniel

Barnes, to be added to 728

tax to be assessed upon certain lands in, . 41,51
NORTON, Town of.

election of officers in, order in regard to, . . 512

petition in regard to improper assessment by

assessors of, 575

NOTES, GOVERNMENT.

committee for Ijurning, report of, . . 692, 693

to be received for taxes, 574

NOTTINGHAM, Town of.

part of, to be annexed to Dunstable, . . 12,282
NUMBER ONE, Housatonic Township.

men to be posted at, 108

NUMBER TWO, Housatonic Township.

men to be posted at 108

NUMBER FOUR, fort at.

allowance to Capt. Phineas Stevens for ser-
vices at 415

NUMBER FOUR, tovt at — continued.
billeting soldiers at, allowance for, .
bounty, etc., allowed Capt. Humphrey Hobbs

chaplain and surgeon for, allowed, .

men to be posted at, . 51, 168, 264, 276, 334,

pay and subsistence of men at, to be continued,

provisions for, account allowed,

provisions for volunteers at, provided,

soldiers at, establishment of, ... .

Capt. Phineas Stevens at, allowed to make up

his muster-roll,

Capt. William Symmes at, allowed to make up

his muster-roll,

subsistence of men at, to be continued,

volunteers to be posted at,

NUMBER FOUR, Township,
in Hampshire County, settlement of, petition of

proprietors in regard to, ...

189
1.52
423
.373
20
21

409

OATHS.
judge of Probate for Hampshire County impow-

ered to attest, 267

OLD TOWN FERRY, Xewl)ury.
bridge at, petition for a lottery to defray ex-
pense of 386

ONIENTAS INDIANS.

sachem of, allowance for l)eneflt of,
OXFORD, Town of.
tax to be assessed on lands in, .

598

PAPERS.

lost by ijurning of Court House, . . . 159

PARISHES OR PRECINCTS.

Acushnet Village, part of Dartmouth to be

erected into a precinct, . . . .57

annexation of certain inhabitants of Dart-
mouth, Rochester, Freetown and Mid-
dleborough, with their estates, to a new,
report of committee on 441

certain inhabitants of Bellingham, Holliston,
Medwajf and Wrentliam, with their
estates, to be erected into a precinct, . 159

certain inhabitants of Chelsea and Lynn, with
their estates, to be erected into a pre-
cinct, 356

certain inhabitants of Dartmouth, Rochester,
Middleborough and Tiverton, with their
estates, erected into a new, . . .54

division of Berwick into two 237

East, in Middleborough, committee in regard

to the ministry in, appointment of, . 29

English inhabitants of Stockbridge, invested
with powers and privileges belonging
by law to, .584

First, in Groton, meeting to l)e called at, . . 436

First, in Hingham, certain families, with their
estates, in Second precinct in Hingham
to be annexed to, 123

First, in Ipswich, certain inhabitants of, with
their estates, annexed to First parish in
Rowley, 190

First, in Ipswich, certain persons in, with their

estates, to be annexed to the new parish, .59

First, in Ipswich, order of notice on, . . 582

First, in Ipswich, report of committee on peti-
tion of inhabitants of, to be erected into
a precinct, 22

PARISHES OR PRECINCTS -con<(H?ted.

First and South, iu Ipswich, polls and estates

in, to be equally divided between, . 703

First, in Kittery, to be divided into two pre-
cincts 411

First, in Medway, certain family, with estate,

set off from 304

First, in Methuen, report on petition of com-
mittee for, 592

First, in Middleborough, certain Inhabitants
of, with their estates, erected into a
precinct, 98

First, in Middleborough, certain persons, with

their estates, to be continued in, . . 232

First, in Middleborough, to reimburse collector

of taxes in, 368

First, in Middleborough, report of committee

relative to closing meeting-house in, . 392

First, in Newbury, certain families in, ex-
empted from parish rates, . . . 687

First, in Plympton, certain families in, with
their estates, to be annexed to the South
precinct, 507

First, in Rowley, appointment of a member of
the committee on petition of certain
inhal)itants of Ipswich and Rowley to
be annexed to, 135

First, in Rowley, certain inhabitants of First
parish in Ipswich, with their estates, to
be annexed to ]90

First, in Rowley, proceedings of meetings in,

confirmed, 481

First, in Westborough, proceedings of meetings

in, confirmed 650

First, in Woburn, certain persons accounted as

belonging to, 312

Groton precinct, men to be posted at, . . 21

798

Index.

PARISHES OR PR-ECINCTS — continued.

Merriconeag Neck and islands within the town
of North Yarmouth, and other lands,
erected Into a precinct, .... 269

new, erected out of Bellingham, Holliston,
Medway and Wrentham, certain per-
sons excluded from 226

new, erected out of Bellingham, Holliston,

Medway and Wrentham, relative to, . 201

new, erected out of north part of Sunderland,
and lands between north line of Sun-
derland and Miller's River, . . .550

new, erected out of parts of Brookfield and
Hardwick, and New Braiutree, com-
mittee on, relative to expenses of, . 453

new, erected out of New Braintree, and parts
of Hardwick and Brookfield, erected
into a district, 475, 518

new, in North Yarmouth, erected, . . .269

new, in Spring-field, boundary established, . 545

new, in Springfield, reimbursement of taxes in,

by First and Second precincts, . . 509

North, in Eastham, agents to give certificates

of freedom from smallpox in, . . 43

North, in Eastham, taxes to be distributed to
families in, who have suffered from
smallpox 97

northeasterly part of Brookfield, erected into a

precinct 364

part of North, in Haverhill, erected into a

district, 713

part of Springfield (Chicopee), petition of in-
habitants of, to be erected into a pre-
cinct, relative to, . . . 296, 448, 509

part of Wells (Kennebunk), erected into, . . 417

Second, in Groton, certain families in Dun-
stable, with their estates, annexed to, . 577

Second, in Hingham, certain families in, with
their estates, to be annexed to the First
precinct, 123

Second, in Ipswich, collector of taxes to be

chosen in, 166

Second in Ipswich, part of, erected into a sep-
arate precinct, 668

Second, in Ipswich, petition in regard to minis-
terial tax in, 438

Second, in Ipswich, trustees and collector of,
relative to confirmation of proceedings
of 288,409

Second, in Medway, certain family, with estate,

annexed to, 304

Second, in Plymouth, collection of taxes in, . 154

Second, in Sutton, tax on unimproved lands in, 165

Second, in Westborough, proceedings of certain

meeting in, superseded and set aside, . 390

Second, in Wrentham, certain family, with

estate, set off from, .... 304

South, in Harwich, all land in, to be taxed, . 325

South, in Ipswich, order on petition of, . . 582

South, in Norton, order of notice on assessors

of 575

South, in Plympton, certain inhabitants of First

precinct in Plympton, annexed to, . 507

South, in Plympton, confirmation of certain

taxes assessed in 464

South part of Cambridge, petition of inhabi-
tants of, to be erected into a pre-
cinct, 193, 220

Third, in Newbury, certain families in, ex-
empted from parish rates, . . . 687

PARISHES OR PRECINCTS — continued.
Third, in Newbury, proceedings at parish meet-
ings in, confirmed 424

Third, in Woburn, certain persons in, with
their estates, to be accounted as be-
longing to, 312

Titticut precinct in Bridgewater and Middle-
borough :
collector of taxes to be chosen in, . . . 167
plan of certain land in, to be prepai-ed, . . 214
pj'occedings of meeting in, confirmed, . .317
relative to lands for use of the ministry and

for a meeting-house in, . . . . 349
upper, in Sheflield, assessment of taxes in, . 418
Ware River :

boundary of, established, 421

collector of taxes in, execution against, to be

delayed 665

meeting to be called at, 421

meeting for the purpose o^ choosing new col-
lectors of taxes, to be called at, . . 666
West, in Leicester:

order of notice on 351

taxes for support of the ministry in, . . 614
West wing of Rutland, petition of Inhabitants

of, to be erected into a precinct, . . 334
Westerly part of Dedham, inhabitants of, with

their estates, erected into a precinct, . 186
PARTITION OF LANDS, relative to, 381, 395,

397, 633
PATENT,
of the Colony of New Plymouth :
relative to the custody of, .... 348
PAYQUAGE, Township of.
billeting Canada soldiers at, allowance for, . 105
confirmation of land right in, to .Joseph Lord, . 582
Ebenezer and Lydia Harris impowered to sell

land right in 663

men to be posted at 51, 108

relative to settlement of , . . . . 580, 715
wages due inhabitants posted at, allowed, . 73
PEL.HAM, FORT.
establishment of rates for billeting soldiers at, 323

men to be posted at, 108, 264

person in charge of, pay and subsistence to be

allowed, 551

PEMAQUID FORT (Fort Frederick).

chaplain at, allowance to 85

men to be posted at, . 51, 109, 168, 264, 291, 334, 423
soldier killed at, w^iges due, allowed, . . 374

soldiers at, establishment of 598

PEMBROKE, Town of.
fine remitted to, . . . . . . .15

Indians in, guardians of, appointment of, . 39

petition of, and of other towns in regard to

building a court house at Plymouth, . 219
PENNSYLVANIA,
government of, to be requested to contribute
towards expedition against Crown

Point, 65

governor desired to write to the government of,

and of other colonies, .... 7
PENOBSCOT INDIANS.

jtresents for, allowance for purchase of, . . 283
PENSION.

to .John Amies, allowed 665

to .John Davis, allowed, 726

to Roger Hunnewcll, allowed 702

to Benjamin Lovell, allowed, . . . .663
to Edward Manchester, allowed, . . . 729

Index.

'99

PEl^SlON — continued.

to Peter Rich, allowed 121, 373

to John Simon, Indian, allowed, . . . 701

to John Stanhope, allowed, 655

to Job Stanwood, allowed 233

to Thomas White, allowed, 652

PETITIONS,
of George and Robert Hewes, order on, . . 150
revived :

James Allen 293

John Goodhue and others of Ipswich, Second

parish 409

Joseph Green, Isaac Walker and Thomas Bul-

finch 453

Isaac Little, 414

Joseph and Lydia Russell 449

PHILL.IPSTOWN, Town of.
men to be posted at, . . . 51, 168, 264, 434
Province Treasurer to pay wages due inhabi-
tants of 57

PHYSICIANS AND SURGEONS.
at Castle William, allowance to, . . .84

physician :
allowance to, for services, . . . .51
on the Western frontiers, account allowed, . 116
surgeons :
for commissioners to Quebec, establishment

of wages of 32

for Fort Massachusetts, allowed, . . . 1.52
on the frontiers, establishment of pay of, . 168
for Indians, wounded at the time of the

murder in York County, to be provided, 317
in Louisburg expedition. Dr. William Rand,
payment of drafts of committee in re-
gard to, 301

Dr. William Rand, allowance to, . . . 355
Dr. Moses Robinson, allowance to, . . . 131
services of, to be allowed on Eastern fron-
tiers, 158

Dr. .Joseph Pierce, services of, at Louislrarg,

administratrix to receive pay due, . 245
PIGWACKET INDIANS.
clothing for, Commissary General to provide,

273, 359
support of, allowance for, ... 8, 279, 402
trustees of, account allowed, . . . .190
PILOT.
allowance to Seth Davis for services as, . . 452
allowance to Henry King for services as, . . 472
allowance to procure a guide to Canada to assist

in redemption of captives, . . . 214
for commissioners to Quebec, establishment of

wages of 32

PINNACE.

to be pui'chased for Castle William, . . . 324
PIRATES,
committed to jail in Boston, allowance to

blacksmith for viewing the irons of, . 285
PLAN,
of the Eastern parts, relative to, . 451, 453, 507

of Province lands west of Connecticut River,

relative to ,522, 543, 602

PLANTATIONS OR TOWNSHIPS.
Asluiclots, The:
billeting soldiers at, allowance for, . . 276

men to be posted at, . . 51, 108, 168, 264, 276
pay and subsistence of men at, allowed, . 334
vote in regard to certain men to be posted at, 182
Bedford :
assessment of taxes in, . . . . 320, 659

PLANTATIONS OR TOWNSHIPS — cojf-
tinned.
Bedford — continued.

delinquent proprietors of, relative to disposi-
tion of land of 148, 180

meeting of proprietors to be called at, . . 96
Charlemout :

tax to be assessed upon all lands in, . . 658
Colrain (Boston Township Number Two) :

fort at, establishment of rates for liilleting

soldiers at 323

fort at, men to be posted at, . 51, lOS, 168, 276

fort at, soldier injured at, allowance to, . 149

Contoocook:

pay and subsistence of soldiers at, allowed, . 19
Damariscotta :

men to be posted at 109

Fall town :

billeting Canada soldiers at, allowance for, . 104

establishment of rates for billeting soldiers

at 323

inquiry to be made in regard to fulfilment of

conditions of grants in, . . . . 585

meeting of proprietors to be c^alled at, . . 585

men to be posted at, ... 51, 108, 168, 276
Gorham or Gorhamtown (NaYragansett Towti-
ship Number Seven) :

inhabitants posted at, petition in regard to, . 235

men to be posted at, . . . 51, 109, 168, 264

pay and subsistence to inhabitants of, serv-
ing as soldiers, allowed 300

Hoosac :

grant of land at, to Capt. Ephraim Wil-
liams, 497, 671

Province lands for two townships near, com-
mittee to lay out, 241

West township of, committee to lay out, . 379

West township of, soldiers at Fort Massachu-
setts to be admitted as settlers in, . . 485
Narragansett Township Number One :

proprietors of, impowered to remove a fort, 480
Narragansett Township Number Two :

inhabitants of, to serve as scouts, . . . 153

men to be posted at 21, 108

payment of inhabitants of, for their service

as scouts, allowed 198

petition of minister of, 437

non-resident proprietors of, complaints
against, report of committee in regard
to 392

wages due soldiers posted at, allowed, . . 73
Natick :

collection of taxes in, 239

committee for viewing, allowance to, . . 428

grant of land in, confirmed to Nathaniel

Bullard 429

guardians of Indians in, to sell land belong-
ing to Elisabeth Wedges, . . . 490

Indians of, impowered to sell land, 39 bis, 42, 85,
122, 340, 341 bis, 342, 363, 368, 429, 495, 4!)6, 597,
655

meeting-house in, committee in regard to

building 2:)-l,442

parish meetings, relative to, . . 120, 158, 212

relative to sale of land in, belonging to certain

Indians 668

valuation of rateable estates in, relative

to, 131, 311, 383

New Marblehead :

inhabitants posted at, petition in regard to, . 234

800

Index.

PLANTATIONS OR TOWNSHIPS — co«.
tinut'd.
New 3Iarblehead — continued.
men to be posted at, . . • 51, 109, 168, 264
pay and subsistence of inhabitants serving as

soldiers, allowed, 300

New Marlborough :
order on petition of nonresident proprietors

of, in regard to a town -meeting, . . 547
taxes in, petition in regard to, ... 112

New Meadows :

men to be posted at 109

New Rutland :

inhabitants of, to serve as scouts, . . -153
New Salem :
billeting Canada soldiers at, allowance for, . 104
establishment of rates for billeting soldiers at, 323

men to be posted at 108

survey of, to be made, 680

Nichewoag:
billeting Canada soldiers at, allowance for, . 105
inhabitants of, to serve as scouts, . . .153

men to be posted at, 108

wages due inhaljitants posted at, allowed, . 73
Number One (Housatonic Township) :

men to be posted at 108

Number Two (Housatonic Township) :

men to be posted at 108

Number Four, in Hampshire County :
settlement of, petition of proprietors in re-
gard to, 409

Payquage:
billeting Canada soldiers at, allowance for, . 105
confirmation of land right in, to Joseph Lord, 582
Ebenezer and Lydia Harris Impowered to

sell land right in, 663

men to be posted at, 51, 108

relative to, settlement of 580, 715

wages due inhabitants posted at, allowed, . 73
Quabin :

first meeting to be called at 284

inhabitants of, impowered to settle a minister, 284
Road Town :
billeting Canada soldiers at, allowance for, . 104
establishment of rates for billeting soldiers

at 323

land between, and Miller's River, committee

toseU, 516,548

land near, committee impowered to execute

deed of, 591

men to be posted at, 108

Saccarappa :
men to be posted at, . . . . . . 109

Sheep scott :

ammunition for, 434

erected into a district, 717

men to be posted at, 109

Topsham (part of the Pejepscot Purchase) :
allowance to Parker Lombard, soldier at, for

losses 390

men to be posted at, 109

Tyngs Town :
petition of proprietors of, for an equivalent

grant of laud 519

Upper Ashuelot:

guard for men building fort at, . . . 21
granted to soldiers or their representatives,
imder Capt. Humphrey Hobbs and
Capt. Moses Pierson in Louisburg
expedition 400

PLANTATIONS OR TOWNSHIPS — co«-

tinued.
new, clerks of, to deposit copies of original

grants, etc., in the Secretary's office, . 479
new, in Eastern frontiers, grantees of, allowed

further time for settlement of, . . 695
new, near Housatonic, called Number One :
Benjamin and Sarah Bemis impowered to sell

land right in, 661

PLYMOUTH COUNTY.
boundary line (Old Colony) between Suffolk

County and, 149, 155, 423, 425, 448, 528, 605, 648
certain towns in, petition of agents of, relative

to proposed court house at Plymouth, . 219
courts in, adjourned, .... 92, 308, 668
court of general sessions in, revived and

adjourned, 517

couit of general sessions in, Edward Wash-
burn impowered to prosecute his appeal

before 588

farmers of excise in:
committee to choose, . • . 162, 553, 635

Capt. Joseph Joslyn:

appointment of 679

impowered to examine accounts of inn-
keepers, etc 678

Benjamin White, appointment of , . . . 687
one quarter part of amount due from, to be

abated 675

justices of court of general sessions in, impow-
ered to grant a license 566

justices of court of general sessions in, impow-
ered to receive report of committee on
obstructions to fishery in Hanover, . 340
justices of court of general sessions in, impow-
ered to reconsider their vote in regard
to building a court house at Plymouth, 219
justices of superior court in, impowered to hear

and try a cause, 414

sale of mortgaged lands in, by trustee of

£.50,000 loan, relative to 513

treasurer of, account allowed, 49, 169, 284, 433, 539, 639
Indians in, guardians of, appointment of, . 39
second precinct in, collector of taxes in, impow-
ered to finish collecting the tax, . . 154
PLYMOUTH, Town of.
Indians in, guardians of, appointment of, . 39

relative to building a court house at, . . . 219
Second precinct in, collector of ta.xes in, im-
powered to finish collecting the tax, . 154
PLYMPTON, Town of.
First jirecinct in, certain inhabitants of, with
their estates, to be annexed to the South

precinct, 507

petition of, and of other towns, in regard to

building a court house at Plymouth, . 219
South precinct in, confirmation of tax bill in, . 464
POWDER.

fees for storage of 526

POWDER-HOUSE,
in Boston :

allowance to keeper of, 393

establishment of pay of keeper of, . . . 393
fees for storage of powder in, . . . . 526
in Chai'lestown :

allowance to keeper or, 524

purchase of stone building for, . . 33, 102
PRECINCTS OR PARISHES.
Acuahnot Village, part of Dartmouth to be

erected into a precinct 57

Index.

801

PKECINCTS OB PAmSUES — continued.

annexation of certain inhabitants of Dart-
mouth, Rochester, Freetown and Mid-
dleborough, with their estates, to a new,
report of committee on 441

certain inhabitants of Bellingham, Medway,
Holliston and Wrentham, with tlieir
estates, to be erected into a precinct^ . 159

certain inhabitants of Chelsea and Lynn, with
their estates, to be erected into a pre-
cinct 356

certain inliabitants of Dartmouth, Rochester,
Middleborough and Tiverton, with tlieir
estates, erected into a new, . . .54

division of Berwick into two, .... 237

East, In Middleljorough, committee in regard

to the ministry in, . . . =, .29

English inhabitants of Stockbridge, invested
with powers and privileges belonging
by law to 584

First, in Groton, meeting to be called at, . . 436

First, in Hingham, certain families, with their
estates, in Second precinct in Hingham
to be annexed to, 123

First, in Ipswich, certain inhabitants of, with
their estates, annexed to First parish in
Rowley 190

First, in Ipswich, certain persons in, with their
estates, to be annexed to the new
parish, 59

First, in Ipswich, order of notice on, . . 582

First, in Ipswich, report of committee on peti-
tion of inhabitants of, to be erected into
a precinct, 22

First, and South, in Ipswich, polls and estates

in, to be equally divided between, . . 703

First, in Kittery, to be divided into two pre-
cincts, 411

First, in Medway, certain family, with estate,

set off from 304

First, in Methuen, report on petition of com-
mittee for, 592

First, In Middleborough, certain inhabitants of,
with their estates, erected into a pre-
cinct, 98

First, in Middleborough, certain persons, with

their estates, to be continued in, . . 232

First, in Middleborough, to reimburse collector

of taxes in 368

First, in Middleborough, report of commit-
tee relative to closing meeting-house in, 392

First, in Newbury, certain famiUes in, exempted

from parish rates, 687

First, in Plympton, certain families in, with
their estates, to )3e annexed to the South
precinct, 507

First, in Rowley, appointment of a member
of the committee on petition of certain
inhabitants of Ipswich and Rowley to
be annexed to 135

First, in Rowley, certain inhabitants of First
parish in Ipswich, with their estates, to
be annexed to, 190

First, in Rowley, proceedings of meetings in,

conflrnied, 481

First, in Westljorough, proceedings of meetings

in, confirmed, 650

First, in Woburn, certain persons accounted as

belonging to, 312

Groton precinct, men to be posted at, . . 21

PBECINCTS OB FARISSBS - continued.

Merriconeag Neck and islands within the town
of North Yarmouth, and otlier lands,
erected into a precinct 269

new, erected out of Bellingham, Holliston,
Medway and Wrentham, certain per-
sons excluded from 226

new, erected out of Bellingham, Holliston,

Medway and Wrentham, relative to, . 201

new, erected out of north part of Simderland,
and lands between north line of Sun-
derland and Miller's River, . . .550

new, erected out of parts of Brookfleld and
Hardwick, and New Braintree, com-
mittee on, relative to expenses of, . 453

new, erected out of New Braintree, and parts
of Hardwick and Brookfleld, erected
into a district 475, 518

new, in North Yarmouth, erected, . . .269

new, in Springfield, boundary established, . 545

new, in Springfield, reimbursement of taxes in,

by First and Second precincts, . . 509

North, in Eastham, agents to give certificates

of freedom from smallpox in, . . 43

North, in Eastham, taxes to be distributed to
families in, who have suffered from
smaUpox, 97

northeasterly part of Brookfleld, erected into a

precinct, 364

part of north, in Haverhill, erected into a

district, 713

part of Springfield (Chicopee), petition of in-
habitants of, to be erected into a pre-
cinct, relative to, . . . 296, 448, 509

part of Wells (Kennebunk), erected into, . . 417

Second, in Groton, certain families in Dun-
stable, with their estates, annexed to, . 577

Second, in Hingham, certain families in, with
their estates, to be annexed to the First
precinct 123

Second, in Ipswich, collector of taxes to be

chosen in, 166

Second, in Ipswich, part of, erected into a sep-
arate precinct 668

Second, in Ipswich, petition in regard to min-
isterial tax in, 438

Second, in Ipswich, trustees and collector of,
relative to confirmation of proceedings
of, 288,409

Second, in Medway, certain family, with estate,

to be annexed to 304

Second, in Plymouth, collection of taxes in, . 154

Second, in Sutton, tax on unimproved lands in, 165

Second, in Westborough, proceedings of certain

meeting in, superseded and set aside, . 390

Second, in Wrentham, certain family, with

estate, set off from, 304

South, in Harwich, all land in, to be taxed, . 325

South, in Ipswich, order on petition of, . . 582

South, in Norton, order of notice on assessors of, 575

South, in Plympton, certain inhabitants of First
precinct in Pljnipton, with their estates,
to be annexed to, 507

South, in Plympton, confirmation of tax bill in, 464

South part of Cambridge, petition of inhabi-
tants of, to be erected into a precinct, 193, 220

Third, in Newbury, certain families in, ex-
empted from parish rates, . . . 687

Third, in Newbury, proceedings, at parish meet-
ings in, confirmed, ..... 424

802

Index.

PRECINCTS OR PAUISB-ES — continued.
Third, in Woburn, certain persons in, with
their estates, to be accounted as belong-
ing to, 312

Titticut precinct in Bridgewater and Middle-
borough :
collector of taxes to be chosen in, . . .167
plan of certain land in, to be prepared, . . 214
proceedings of meeting in, confirmed, . . 317
relative to lands for use of the ministry and

for a meeting-house in, . . . .349
upper, in Sheffield, assessment of taxes in, . 418
Ware River :
boundary of, established, .... 421

collector of taxes in, execution against, to be

delayed 665

meeting to be called at, 421

meeting for the purpose of choosing new col-
lectors of taxes, to be called at, . . 666
West, in Leicester :

order of notice on, 351

taxes for support of the ministry in, . . 514
West wing of Rutland, petition of inhabitants

of, to be erected into a precinct, . . 334
Westerly part of Dedham, inhabitants of, with

their estates, erected into a precinct, . 186
PRESIDENT AND FELLOWS OF HAR
VARD COLLEGE,
committee on petition of, in regard to taxes,

report of, 398

memorial of, in regard to taxes, . . . 194

PRISONERS.
and scalps, bounty allowed friendly Indians

for 7

escaped, reward offered for the apprehension

of 324

Indian, and scalps, bounty allowed for, . 89, 107
in Boston jail, Robert Clark, relative to dis-
charge of 71, 188

in Taunton jail, sheriff of Bristol County to

confine, elsewhere 171

in Worcester Coimty jail, Jacob Wiley, released, 100
in York County jail, suspected of murder of

Indians, relative to the trial of, . 426, 432
PRISONERS, ENGLISH,
redemption of Timothy Whitten, allowance to

Capt. Phineas Stevens for, . . . 579

victualling, allowance for 359

PRISONERS, FRENCH,
at Castle William, allowance to physician for

care of, 84

surgeon for, allowance to, 355

victualling, account allowed 246

PRIZE GOODS.

duties on, remitted 205

PROBATE, JUDGE OF.
for Bristol County :
inipowered to allow the division of an estate, 397
impowered to perfect settlement of an estate, 711
impowered to provide for the settlement of

an estate 395

for Hampshire County :
impowered to attest oaths, .... 267
Impowered to settle estate of Daniel Beaman, 372
for Suffolk County :
impowered to allow commissioners more time

to receive account of a creditor, . . 71
Impowered to appoint guardians chosen by

minors 586

impowered to distribute an estate, . . .13

PROBATE, JUDGE OF — continued.
for Suffolk County — continued.
impowered to reconsider the additional ac-
count of the administratrix of Jonathan

Draper 556

to pass on the account of John Fisher,

guardian 503

petition of, to be relieved from charges for

putting bonds in suit 529

for York County :
impowered to receive additional account of

Nathaniel Gerrish, jr., . . . .18
PROFESSOR.
of divinity at Harvard College, allowance

to, 94, 175, 192, 483

of mathematics at Harvard College, allowance

to 484

PROPERTY.

destniction of, by Indians, allowance for, . 386

PROTESTANTS, FOREIGN [German].

four townships to be laid out for, . . . 353
PROTESTANTS, IRISH,
relative to transportation of, to this Prov-
ince, 354,429

PROVINCE AGENT.
William Bollan :

account allowed .331, 360

to be accountable for money received of Elia-

kim Palmer 541

allowance to, 351, 593

chosen 347

Commissary General to provide for passage

of, to Great Britain, . . . .354
committee to prepare papers for, . . . 697
impowered to give a discharge for the parlia-
mentary grant for reimbursement of
expense of Louisburg expedition, . . 190
inipowered to receive money due the Prov-
ince, ...;.... 357
impowered to receive sums granted by par-
liament for expense of Louisburg expe-
dition 103

letter of, report of committee on, . . . 572
letter to be sent to, and colleague, . . . 183
to make representation to the King concern-
ing the controversy with Connecticut, . 460

remittance to, 492

speaker of the House of Representatives to

remit a certain sum to 593

Christopher Kilby :
copy of vote of dismissal to be sent to, . . 184

vote to dismiss, 183

PROVINCE BILLS.
committee for exchanging, allowance to clerk

of 602

PROVINCE HORSES,
one to be presented to Sir William Pepperell, . 677
one to be presented to Lieut.-Gov. Spencer

Phips, 693

sent by Sir Peter Warren, relative to, 500 his, 609
PROVINCE HOUSE.

repairs on, relative to, . . • 490,601,607
PROVINCE LANDS,
between north line of Sunderland and Miller's
River, to be annexed to the new pre-
cinct, 550

in Hampshire County, relative to sale of, . 696, 698
Hoplands in Sheffield, relative to the settlement

of Indians of Six Nations at, . 488, 563

intruders on, committee for ejection of, . . 706

Index.

803

PROVINCE IjANUS — continued.
near Hoosac, comniittee to lay out two town-

shiiis, 241

near Sunderland, to be sold, . . . 603 bis

purchase of, by Daniel Drury 367

unappropriated, between north line of Sunder-
land and Miller's River, relative to sale

of 550

west of Connecticut River, relative to the sur-
vey of 522, 543, 602

in Worcester County relative to sale of, 642, 644,

680, 6SS bis
PROVINCE OF MASSACHUSETTS
BAY.
allowance to Stephen Sewall, Chief Justice of, 712
commissioners for New York, Connecticut and,

relative to 62, 68, 70, 72

goods and presents to be supplied by Connect-
icut, New York and, to secure the alli-
ance of Indians of Six Nations, . . 62
Governor of, desired to write the governments

of other colonies, 7

Old Colony Line between, and New Plymouth

Colony, renewal of, 149, 155, 423, 425, 448,
528, 605, 648
relative to boundary line between, and Con-
necticut 76, 337, 460, 476

relative to boundary line between, and New

Hampshire, 244, 541

relative to boundary line between, and New

York, committee to settle, . . 660, 682
relative to boundary line between, and Rhode

Island, .... 318,367,389,508
relative to claims by inhabitants of New Hamp-
shire to lands in, 321

relative to the qualifications of Treasurerof, 693, 695
seizures made under any act of, committee in

regard to, 200

to support a certain soldier, . . . .461
taxes due from persons set off from Bristol
County in, to Rhode Island, committee
on collection of arrears of, . . . 439
PROVINCE, SECRETARY OF.
Josiah Willard :
allowance to, 93 bis, 174 6ts,376 bis, 482 bis, 494,594 bis
allowance to, for clerk hire, . 28, 169, 290, 433
certain papers ordered to be put on file in the

office of, 309

to deliver original papers accompanying peti-
tion of Gov. Jonathan Belcher, etc., . 134
directed to procure a clerk, .... 632
to employ clerks for the duplicate records, . 75
order to, for recording all public letters, etc., 220
to send copies of the law against taking

beaver, etc., 719

to write to inhabitants of Stockbridge recom-
mending that woodlots be provided for
use of the ministry, .... 561

to write to the several governments in regard
to proportion of expense for redemption

of captives, 23

PROVINCE SHIP, MASSACHUSETTS
FRIGATE
Capt. Moses Bennet, commander of:

allowed to make up muster-roll, 287, 374, 472, 562
appraisement of, report of committee on, . . 455
disposition of, committee for, relative to, 200, 358,

498, 555, 569, 606
to be employed for transportation of Protestants

from Ireland to this Province, • 354, 429

PROVINCE SHIP, MASSACHUSETTS
FRIGATE —continued.

establishment of wages for, etc., 31, 45, 127, 160

first cruise of, directions concerning, . . 127

rum to be provided for, in lieu of beer, . . 129

seamen for, may be impressed 127

wages allowed captain and two men on

board, 191

wages of seamen on, omitted on muster-roU,

allowed, 209

warlike stores on board, committee to sell, . 707
PROVINCE SLOOP.

estabMshment of wages on, . . . .21

pilot of, allowance to 452

PROVINCE TAX.

allowance for moderator in Natick, to be added

to, 383

certain sum due from town of Boston, to be

added to next 719

expense of taking the valuation of rateable

estates in Natick, to be added to, . . 383
■ in Berwick, certain sum due from Alexander

Grant, to be added to, ... . 728

in Cambridge, certain sum due fi-om Joshua

Gamage, to be added to 728

in Georgetown, certain sum due from James
Savage and Daniel Lancaster, to be
added to 727

in Hopkinton, certain sum due from .James

Lock, to be added to, ... . 728

in Kittery, certain sum due from .John Lydstone,

to be added to 727

in North Yarmouth, certain sum due from

Nathaniel Barnes, to be added to, . . 728

order in regard to assessing, in towns and dis-
tricts, 557

PROVINCE TREASURER.

accountable for sum due :
from Thomas Dennis, Ipswich, . . . 720
from WilUam Sutton, Ipswich, . . . 720
fi-om Benjamin Wood, Hopkinton, . . . 720

accounts of, relative to, 609, 611, 613, 614, 617, 619,
621, 623, 685, 698, 723

allowance to, 93 bis, 174 bis, 376 bis, 483, bis, 595, 708

authorized to pay money to Thomas Hutchin-
son to meet drafts of John Henry
Lydius, 79

committee to assist, in borrowing money, . . 451

directed in regard to paying out silver, . 473, 478

directed in regard to paying out silver and

coppers received for taxes, . . . 495

direction to, relative to receiving coppers for

taxes, 473

discharged of amount of bills of credit burned, 200,
518, 608 bis, 657, 677, 685

forbidden to pay out base money, . . . 494

impowered to demand and receive the Province

part of seizures, 220

impowered to receive Province bills of tax col-
lectors and constables 608

issuance of executions by, against delinquent

constables or collectors, relative to, 102,

126, 514

relative to the qualifications of, . . . 693, 695

to abate one quarter part of sum due from

fanner of excise in Plymouth County, . 675

to abate sum due from farmer of excise in

Hampshire County, .... 588

to attend the committee appointed to inquire

into the state of the treasury, . . 654

804

Index.

PROVINCE TREASURER — continued.
to defer issuing executions :
against collectors of taxes in Ware River

Parish 665

against constables and collectors, . • .344
to deliver a certain sum :

to commissioners to Albany 159

to commissioners for New York Congress, . 38

to committee on valuation 355

to deliver small bills of credit in lieu of silver, 529
to discount a certain sum from tax bill in favor

of constable in Yarmouth, . . .511
to furnish certain sum to Agent BoUan, . . 351
to give public notice of readiness to discharge

treasury orders, 606

to give receipts for money borrowed, . . 450
to honor drafts made by the commissioners for

the redemption of captives in Canada, . 302
to issue executions against the following per-
sons:
Isaac Bennet, Middleborough, . • . 722

Amos Binney, Hull, 721

John Hooper, Berwick, 727

David Loring, Hull 721

James Loring, Hull 721

Samuel Pray, Kittery, 720

John Safford, Ipswich 721

Thomas Swift, Milton 721

Timothy Townsend, Salisbury, . . .720
to issue executions for all taxes not previously

issued, 697

to pay Robert Ball the sum expended for fire-
wood at lighthouse 315

to pay Joseph Bane an additional sum for ser-
vice, 354

to pay Henry Blodget for loss by fire, . . 78
to pay Agent BoUan balance of his account, . 360
to pay John Choate for horse lost in public

service, 336

to pay Ebenezer Leonard, jr., for billeting, . 240
to pay Rachel Morgan for loss by fire, . . 78
to pay Peter Rich a pension, . . . .373
to pay Eleazar Rice for loss by fire, . . . 117
to pay Josiah Sartle for billeting soldiers, . 241
to pay Othniel Taylor for horse killed in public

service, 243

to pay Mark Terry for loss l>y Are, . . .78
to pay on account of loss of time, wounds, etc.,
while in public service :

John Aldrich 211

Joseph Averil, 444

Joseph Badcock 274

Joseph Bates, 232

William Blanchard, 281

Thomas Bolton, 235

William Bolton 344

Elisha Chapin, 336

Robert Cooper 228

Thomas Cresson, 339

John Davis 281

Daniel Farmer, 213

Stephen Farnsworth, 216

John Foot, 246

Sarah Furbush for her husband, Phineas

Furbush 271

Daniel Garfield 122

William Germain, 206

Joseph Gould, 275

Joseph Graves, 229

Samuel Graves, 338

PROVINCE TREASURER — co?i«n?<ed.

to pay on account of loss of time, wounds, etc.,
while In public service — continued.

John Henderson, 231

Mary Hitchcock for her husband, Nathan

Hitchcock, 268

Nathaniel Hix, 277

Capt. Humphrey Hobbs 231

Joel Johnson, 210

Mary Jones for her husband, Thomas Jones, 203

Terrance Kane 276

Capt. John Lane 88, 247, 311

Ebenezer Lewis 222

Benjamin Lovel 242

Phineas Lovet for Samuel Lovet, . . . 270

John McFarlin, .54

Daniel McKaney 246

Edward Manchester, 345

Thomas Mellen for John Crooks, . . .232

Robert Moffat 217

David Osgood for Benjamin Osgood, . . 281

Isaac Parker 228

Mark Perkins, 230

Jacob Pike for John Edgehill, . . .203

Benjamin Pomroy, 374

Ephraim Powers 247

Daniel Sargent, 335

Obadiah Sartle for Simon Sartle, . . .364

John Spafford, 217

Jonathan Stanhope, 115, 265

Job Stanwood, 233

Henry Stevens, jr., 332

William Stevens, 205

Jabez Swett, 228

Benjamin Symonds 314

Alexander Tai-rant 275

Thomas Taylor, 204

William Thorn 423

Nathaniel Walker, 345

David Warren 224

Moses Washburn, 230

to pay account for subsisting soldiers :

to Mehetabel BardweU 178

to John Shed, 177

to William Tarbell 178

to pay account for support of Pigwacket

Indians, 279

to pay account for victualling French prison-
ers, 246

to pay billeting account of Capt. Eleazar

Melvin, 72

to pay billeting accounts of Canada soldiers, 104, 133

to pay billeting money to inhabitants of Suf-

fleld 133

to pay for bills of credit burned or destroyed,

17, 23, 69, 83, 201, 225, 243 his, 250, 275, 296,
333, 382

to pay certain sum :
for billeting soldiers to .John Brewer, . 225, 268
for support of Mohawk Indians settling in

this Province, 450

to commissioners to Canada for redemption

of captives 301

to the committee for rebuilding the court

house, 116,134,3,53

to John Green, for subsistence, . . .233
to Ezra Merrick, for subsistence of, . • 233
to James Pierce, soldier in Louisburg expe-
dition, 228

to Amos Pratt for loss of son, . . .114

Index.

805

PROVINCE TREASURER — continued.

to pay debts with mouey received from the

lottery 561

to pay deficiencies on muster-rolls :

to Japhet Chapin, 69

to Timothy Cheney 69

to Francis Cole 69

to Simon Hadley, 58

to John Keith 69

to EU Morse 69

to John Morse, 58

to Ephraim Payson 58

to Jesse Pratt 69

to pay Ensign Thomas Fletcher for expenses

when scouting, 230

to pay interest and premium allowed on gov-
ernment securities taken for lottery
tickets 563

to pay interest punctually on funded notes and
register warrants drawTi hy the Gov-
ernor and Council, 690

to pay soldiers and mariners wages due on

muster-rolls 125

to pay sums due :
for victualling company under Samuel Petti-
bone 75

on muster-rolls from the appropriation for

forts and garrisons, 601

soldiers on Capt. John Harman's muster-
roll, 319

Josiah Willard and Ebenezer Hinsdale, sub-
commissaries 86

to pay town of Brookline a certain sum on

account of overcharged tax bill, . . 167

to pay victualling account of Maj. Seth Pomroy, 156

to pay wages due, etc. :
Joseph Adams to his widow Patience Adams, 145

Robert Adams, 202

Zaccheus Blodget to his family, . . . 224

Stephen Boynton, 84, 312

Jonathan Bridgman to his heirs, . . . 375

John Chadburn, 57

Joshua Chadburn 57

Henry Chandler to his father, . . . ..224
George Clark to his heirs, .... 374

Ichabod Day 181

Nathan Eames to his father 83

John Eddy, jr., to John Eddy, . . .306

Benjamin Ellis 207

John Frost to his father, 198

Samuel Goodman to his brother, . . . 332
Moses Hall and Daniel Barker, . . .48

Josiah Holbrook, 345

Thomas Jones to his widow Mary Jones, . 34

Silas Leonard to his father 371

Hezekiah Lovejoy to his widow Hannah

Lovejoy, 35

Jeremiah Man, 181

Robert Moffat to his fatlier, . . . .19

Eleazer Priest to his father 339

Seth Putnam to his father, . . . .48
Joseph Richardson to his father, . . . 209
Daniel Smead and John Smead to their father, 39

Ebenezer Shuttleworth, 181

John Stanning, 57

James Tyler 158

Nathaniel Webb, 305

Samuel Wilson, 57

son ot Robert Benham, 323

on muster-roll of Capt. Samuel Bancroft, . 68

PROVINCE TREASURER — coniinwed.-
to pay wages due, etc. — continued.
several soldiers taken captive at Fort Massa-
chusetts, 35

to prepare and take account of bills of credit

for burning, 657

to receive -bills of credit or certain notes in pay-
ment of all taxes 574

to receive biUs of credit for outstanding taxes,

658, 696
to receive certain notes from the sheriffs, etc.,

for taxes 563

to recover the money due the Province from the
executors of the late sheriff of Bristol
County, . . . . . . .439

to remit certain sums to Agent Bollan, . 492, 541
to render an accoimt of the state of the treas-
ury, 572, 589

to reserve silver for the redemption of small

bills of credit 531

to send a warrant to assessors of Dunstable for

amount of loan money due the Province, 714
to stay collection of excise in Woodstock, . 545
to sue delinquent farmers of excise, . . . 501
to suspend execution on collector of taxes in

Boston, 549

PROVINCE TOWN, Town of.

allowance to, for support of the ministry in, . 37
PROVISIONS.
at Albany, Commissary General's account of,

etc., report of committee on, . . . 132
for blockhouses on the Western frontiers, Com-
missary General to purchase, . . 70
to be furnished for commissioners to Quebec, . 32
allowed for Fort at Number Four, account of, . 20
for the relief of Indians to be removed from

Georgetown to Richmond Fort, . . 342
for the relief of Indians wounded at time of the

murder in York County, . . . 317

for volunteers at Fort at Number Four, . . 21
PUBLIC SERVICE,
allowance on account of loss of time, wounds,
etc., while in :

to John Aldrich 211

to John Amies, 665

to Joseph Badcock, 274

to Joseph Bates, 232

to William Blanchard, 281

to Henry Blodget, 15, 78

to Hosea Bolles for William Bolles, . . 38

to Thomas Bolton 235

to William Bolton 344

to Thomas Brown 463

to Timothy Brown, 415

to Patrick Burns 656

to William Chandler for Henry Chandler, 185, 224

to Robert Cooper 228

to Thomas Cresson 339

to John Davis, 281, 465

to Daniel Farmer, 213

to Stephen Farnsworth, 216

to John Foot, 246

to Samuel Frost for John Frost, . . .198

to Moses Garfield, 588

to William Germain, .... 206, 703

to Thomas Goodman for heirs of Samuel

Goodman, 312

to Joseph Graves 229

to Samuel Graves for son, .... 338
to John Green 233

806

Index.

PUBLIC SEB.VICE — continued.
allowance on account of loss of time, wounds,

etc., while in — continued.

to John Henderson '-31

to John Henry, 292

to Mary Hitchcock for Nathan Hitchcock, . 268

to Capt. Humphrey Hobbs 231

to Joel Johnson, 210

to Mary Jones for Thomas Jones, . . • 203
to Jonathan Lawrence for his son, . . .203
to Benjamin Lovell, .... 242,385,663

to Edward Manchester, 729

to John McFarlin, 54

to Daniel McKany, 246

to Thomas Mellen for John Crooks, . . 232
to Capt. Eleazar INtelvin and company or their

legal representatives, .... 185

to Ezra Merrick, 233

to Robert Moffatt 217

to David Osgood for Benjamin Osgood, . 281

to Isaac Parker, 228

to Samuel Payne, 195

to Mark Perkins 230

to Jacob Pike for John Edgehill, . . .203

to Ephraim Powers, 247

to Moses Rice (grant of land) , ... 659

to Peter Rich 373

to Daniel Sargent 335

to Obadiah Sartle for Simon Sartle, . . 364

to Phineas Smith, 146

to John Spafford 217

to Jonathan Stanhope, . 115, 265, 391, 503, 655

to Henry Stevens, jr., 332

to "William Stevens, .54, 205

to Jabez Swett 228

to Benjamin Tainter, 199

PUBLIC SERVICE — coMiinwecf.
allowance on account of loss of time, wounds,
etc., while in — continued.

to Thomas Taylor, 204, 315

to William Thorn 423

to Jeremiah Tass, 110

to Nathaniel Walker 345

to Moses Washbiirn 230

to Ezekiel Wells, ...... 298

to Thomas White, 652

to Presbury "SYoolen, 203

to Matthew Wyman, jr., 215

allowance to Capt. Ebcnezer Alexander for, . 71
allowance to Humphrey Hobbs for subsistence

while in, 182

allowance to Zachariah Lawrence, for subsist-
ing soldiers in, 178

allowance to Capt. Eleazar Melvin for subsist-
ence and expenses of his company while

in, 182

allowance to Thomas Taylor and others or their

legal representatives for, . . . 176
allowance for service done by order of the
House :

to Edward Baker, 523

to Nathaniel Chtirchill .523

to .Joseph .Joslyn 523

to Ephraim Wheeler, 523

wages due for, allowed:

to Mary Clark for Samuel Clark, . . .27

to family of Zaccheus Blodget, , . . 224

to Anna Pratt for Amos Pratt, . . .292

PUNCAPAUG INDIANS.

guardians of, to pay account of Stephen Fales, 520

trustees of, account allowed, . . .87, 638

trusteeship of, John Quincy released from, . 86

QUABIN, Township of.
first meeting to be called at, .... 284
inhabitants of, impowered to settle a min-
ister, 284

QUAKERS,
in Dartmouth exempt from taxes, . . .57
prosecution of, for non-performance of military
duty, charges incurred in, allowance to
WiUiam Swift of Sandwich for, . . 106

QUEBEC.

commissioners to :
committee to determine wages of master and

mariners to navigate flag of truce for,
establishment of wages of chaplain, medical

attendants, etc., for, ....

relative to, transportation of, . . 29, 32, 33

vessel to be chartered or impressed for use

of 29, 56

RAINSFORD ISLAND,
boat for use of the hospital on, . . . 385, 458
repairs at hospital wharf, etc., on, relative

to, 254,266

RATEABLE ESTATES,
construction of the law in regard to, . . . 225
in District of Douglas, new list to be taken

of 266

in Natick :
valuation of, allowance to Thomas Green-
wood for taking 311, 383

valuation of, allowance to John Sawen for

taking 383

valuation of, to be taken, . . . .131

in the several towns, valuation of, allowance to

clerks for preparing 355

taxes on, apportionment of, allowance to com-
mittee for, 520

READING, Town of.
boundary between, and Stoneham, committee

on,

RECORD BOOK.

for Indian proprietors of Stockbridge,
RECORDS.

court, relative to making, .... 74
REHOBOTH, Town of.
constables in, proceedings of, to be held good

and valid

relative to boundary of North Purchase and

Taunton North Purchase,
to■^^^l-meeting to be called at, ... .
REPRESENTATIVES.

list of 4, 140, 260, 406, ."iSe,

REPRESENTATIVES, HOUSE OP.
allowance to ^Nloses Deshon for carving colony
arms for,

.505
339
, 75

517
566

628

672

Index.

807

EEPRBSENTATIVBS, HOUSE OP — cw?.-
tinued.
chaplain of, allowance to, 95, 176, 378, 484, 596, 710 ter
clerk of, allowance to, 95, 175, 220, 354, 378, 483, 595, 709
members of, transfer from appropriation for

contingencies, for payment of, . . 401
members of, transfer from appropriation for
defence of the Province, for payment

of, 401

members of, transfer from appropriation for

grants, for payment of, . . . 127, 283
members of, transfer from appropriation where
there is no establishment, for payment

of 401

speaker of, allowance to, 94, 175, 378 his, 483, 595, 709
REVIEW, ACTION OR WRIT OF.
leave to the following persons to bring an :

James Atkinson, 650

Col. Francis Brinley, 241

Thomas Cobb 371

Elias Gerrot 335, 346

Andrew Hall, jr 397

John Higginsou and John Dodge, . . 58, 103

Ebenezer Johnson, 674

Isaac Little, 399, 414, 416

Benjamin Sheldon 522

Mary Wolcot, administratrix, and John

Dodge, 237, 304, 412

Ebenezer Wood 300*

Jacob Wyley, 82

to be served on administrator of Nathaniel

Cunningham, 221

BHODE ISLAND,
government of, to be requested to contribute
towards expedition against Crown

Point, 65

governor desired to write to the governments

of, and of other colonies, ... 7
relative to boundary between Province of

Massachusetts Bay and, . 318, 367, 389, 508
taxes due from persons set off from Bristol
County in this Province to, committee
on collection of arrears of , . . . 439
RICHMOND FORT.
Capt. William Lithgo, commander of:

wages of, established, 430

men to be posted at, . 51, 109, 168, 264, 291, 334, 423
pay and subsistence to be allowed twelve men at, 50

RICHMOND FORT — continued.

provisions for the relief of Eastern Indians to

be removed from George Town to, . 342

provisions to be sent to, for the Indians, . . 643

repairs at. Commissary Genei-al to send mate-
rials for, 455

soldiers at, establishment of 598

RIOT.

proclamation in regard to the Boston, . . 60
EIOTBRS.

in Bristol County, allowance to justices of su-
perior court of judicature for attending
trial of, 30

relative to, in Bristol County, . . . .30
ROAD TOWN, Township of.

billeting Canada soldiers at, allowance for, . 104

establishment of rates for billeting soldiers at, 323

land between, and Miller's River, committee to

sell 516, 548

land near, committee impowered to execute

deed of, 591

men to be posted at, 108

ROCHESTER, Town of.

certain inhabitants of, and of Dartmouth, Free-
town and Middleborougli, with their
estates, to be annexed to the new pre-
cinct, 441

certain inhabitants of, and of Middleborough,
Dartmouth and Tiverton, with their
estates, to be erected into a precinct, . 54
ROWLEY, Town of.

First parish in, appointment of a member of
the committee on petition of certain
inhabitants of Ipswich and Eowley to
be annexed to, 135

First parish in, certain inhabitants of First
parish in Ipswich, with their estates, to
be annexed to 190

First parish in, proceedings of meetings in,

confirmed, 481

RUTLAND, District in.

erected, 234

to be provided with Province Laws, . . . 680

tax to be assessed on all land in, . . .272
RUTLAND, Town of.

west wing of, petition of inhabitants of, and of
land called [New] Braintree, to be
erected into a precinct 334

SACCARAPPA, Township of.

men to be posted at 109

SACO RIVER (blockhouse and truck-house).
Capt. Thomas Bradbury, commander of:

allowance to, for building wharf, boat, etc., . 119
Indian trade at. Commissary General to send

goods for 322, 387

men to be posted at, . 51, 109, 168, 264, 291, 334, 423

soldiers at, establishment of 598

ST. FRANCOIS INDIANS,
letter of Col. Williams in regard to, report of

committee on, 707

ST. GEORGE'S RIVER (fort, blockhouse and
truck-house).
Jabez Bradbury, commander of:
account by, for repairs at, allowed, . . 110

Commissary General to supply, with goods

for the Indians, 391

ST. GEORGE'S RIVER (fort, blockhouse and
truck-house) — continued.

increase of gan-ison at 485

armorer at, appointment of, .... 320

armorer at, establishment of 334

conference at, relative to complaints made by

Eastern Indians at 674

interpreter at, allowance to, ... 420, 567
men to be posted at, . 51, 109, 168, 264, 291, 334, 423
provisions to be sent to, for the Indians, . . 643

relative to conference at, 544

soldiers at, establishment of 598

truck-master at, late, allowance to, . . . 131
SALEM, Town of.
assessment of taxes in, relative to, 394, 422, 432,

486
and District of Danvers :
taxes in, apportionment of 670

808

Index.

SANDWICH, Town of.
allowance to AVilliam Swift of, for charges
incurred in prosecution of Quakers for
non-performance of military duty, . 106
Indians in, guardians of, appointment of, . 39

SCALPS,
bounty allowed to John Beaman for an Indian

scalp 38

bounty allowed friendly Indians for prisoners

and 7

bounty allowed for Indian prisoners and, . 89, 107
SCARBOROUGH, Town of.

men to be posted at, ... = .. 109
SCHAGHTICOKE INDIANS,
claim of, to land at Fort Massachusetts, appoint-
ment of committee on, .... 592
SCHOOL.

for Indian children, relative to, . . 488, 563, 683
SCHOONER.

allowance for fitting out, 247

SCHOONER HOPEWELL.

hire of, and wages of men on, allowance for, . 278
SCITUATB, Town of.
petition of, and of other towns, in regard to

building a court house at Plymouth, . 219
SCOUTS.
inhabitants of certain towns and plantations, to

be employed as, 153

on the Eastern frontiers, relative to, . . . 108
on the Western frontiers, relative to, G7, 108, 276
SECRETARY OP THE PROVINCE.
Josiah Willard :
allowance to, 93 bis, 174 bis, 376 bis, 482 bis, 494,

594 bis, 708 bis
allowance to, for clerk hire, 28, 169, 290, 433, 632
certain papers ordered to be put on file in the

office of 309

to deliver original papers accompanying peti-
tion of Gov. Jonathan Belcher, etc., . 134
to employ clerks for the duplicate records, . 75
order to, for recording all public letters,

etc. 220

to prepare a draft of a letter to Chief .lustice
Delancy of New York, relative to gift

of Sir Peter Warren 694

to procure a clerk 632

to send copies of the law relative to taking
beaver, etc., to commanders of garri-
sons and truck-houses 719

to write to inhalntants of Stockbridge recom-
mending that woodlots be provided for
use of the ministry, . . . .561

to write to the several governments in regard
to proportion of expense lor redemption

of captives 23

SEIZURES,
made under any act of the Province, committee

on, 200

Province Treasurer to demand and receive the

Province part of, 220

SHEEPSCOTT, Township of.

aninuinition for, 434

erected into a district 717

men to Ijc posted at, 109

SHEFFIELD, Town of.
Iloplands in, relative to the settlement of

Indians of Six Nations at the, . 488, 563

men to be posted at 108

upper parish in, assessors in, impowered to

make a new assessment, . . . .418

SHERBORN, Town of (Middlesex County).

constaljles of, allowance to, .... 146

SHERBURN, Town of (Nantucket County),
complaint of Nantucket Indians, in regard to

abuses from the EngUsh, . . .11
SHERIFFS,
of Bristol County :
Charles Church, late, relative to moneys and
papers in possession of executors

of 100, 363, 439

to return the executions against constables of

Attleborough, 530

to return the executions against constables of

Swansea 530

of Essex County :
allowance to, for services, .... 435
petition of, for leave to defend an action, . 558
of Middlesex County :

order on petition of, 714

of Suffolk County :

sending out proclamations, etc., by, relative to, 646
of York County :
petition of, for leave to bring a writ of scire

facias, 499

of the counties, direction to, in regard to all

moneys received, etc., .... 697
Treasurer directed to receive certain notes for

taxes from 563

SHIP, BOSTON MERCHANT.

to be prepared for a hulk, 61

SHIP, DUKE OF CUMBERLAND.

to l)e prepared for a hulk, 61

SHIP, MARY.

to be prepared for a hulk, 61

SHIP (PROVINCE), MASSACHUSETTS
FRIGATE.
Capt. Moses Bennet, commander of :

allowed to make up muster-roll, 287, 374, 472, 562
appraisement of, report of committee on, . . 455
deposition of, committee for, relative to, . 200, 358,

498, 555, 569, 606
to be employed for transportation of Protes-
tants from Ireland to this Province, 354, 429
establishment of wages for, etc., 31, 45, 127, 160

first cruise of, directions concerning, . . 127

rum to be provided for, in lieu of beer, . . 129
seamen for, may be impressed, .... 127
wages allowed captain and two men on board, 191
wages of seamen on, omitted on muster-roll,

allowed 209

warlike stores on board, committee to sell, . 707
SHIRLEY, DISTRICT OF.

to be provided with Province Laws, . . . 680
SHIRLEY, FORT.
establishment of rates for billeting soldiers at, 323

men to be posted at 108, 264

person in charge of, pay and subsistence to be

allowed 551

SILVER.
bills of credit to be exchanged for, relative

to, . . 309,371,380,386,449,470,502,540
order in regard to paying, .... 473, 478
relative to, and copper brought in by taxes, . 495
to be reserved for the redemption of small bills

of credit 531

SIX NATIONS,
alliance of, relative to measures for securing, . 62
Colony of Connecticut to be informed as to
measures taken for securing the, to the
British interest 564

Index.

809

SIX NATIONS — continued.
commissioners at Albany for the Congress with, 151
commissioners at Albany for the treaty with,

appointment of 547

commissioners to New York, impowered to aid

and assist, . . . . . .45

members of, lately settled in this Province,

allowance to 597

members of, now prisoners in Canada, relative

to, 155

measures to be taken to encourage hostility of,

against French and Indians, ... 7

presents to, allowance for 477, 555

settlement of, in tills Province, committee in

regard to, . . . 488, 504, 563, 567, 682
SLOOP.

for transportation of whale-boats, . . .43
SLOOP, DIAMOND,
pilot on, allowance of money and arms to, on

account of his captivity, .... 416
SLOOP, MASSACHUSETTS.
Capt. Thomas Saunders, commander of:

impowered to make up his muster-roll, . . 568
establishment of officers and men on, . . 598
stores on, to be shipped to the Eastern fron-
tiers, 149, 151

to be taken into service 431

to be employed for use of the Governor in his

passage to New York and Albany, 149, 151
SLOOP, PROVINCE.
establishment of wages on, . . . .21

pilot of, allowance to 452

SMALLPOX.
agents to give certificates of freedom from, to

persons in Eastham, North precinct, . 43
ferry-boat between Boston and Charlestown to

be laid off on account of, ... 609

persons in Boston suffering from, allowance

for relief of 646

persons in Charlestown suffering from, allow-
ance for relief of, 689

taxe? in Eastham to be distributed to families

who have suffered from,
SPEAKER OP THE HOUSE OF REP-
RESENTATIVES
Joseph Dwight, allowance to, .
Thomas Hubliard, allowance to,
Thomas Hutchinson, allowance to
SPIRITUOUS LIQUORS.
farmer of excise in Plymouth Cotmty impow-
ered to examine accounts of retailers

licenses granted to the following persons to
sell:
Gyles Alexander, Wilmington,
WilUam Dudley Atkins, Newbury,
Mary Blaney, Salem,
Daniel Dana, Cambridge,
Sarah Dorby, Boston,
Jonathan Dwight, Boston,
JosephVrye, Salem, .
James Gooch, jr., Boston,
Joseph Greenleaf and Jonathan

Boston, distillers,
Peter Groves, Beverly,
Estes Hatch, jr., Roxbury,
William Hickling, distiller, Boston,
Jonathan .Jackson, Boston,
Lydia Lebosquoit, Charlestown,
Jonathan Loring, Marlborough,

. 378

378, 483, 595, 709

. 94, 175

678

289
587
209
568
443
441
561
467

Prescott,

197
585
725
576
46
101
128

SPIRITUOUS LIQUORS — coniinned.
licenses granted to the following persons to
sell — continued.

John Lowder, [Boston], 195

Philip Masters, Boston, 193

Uriah Morse, Medway, 591

Job Prince, Boston 716

Edmund Putnam, Salem, 299

Walter Smith, Salem Village, . . . .164

Margaret Swan, Boston, 444

Sarah Thomas, Boston 443

George Tilley, Boston 446

WilUam Toler, Stoneham 81

Sendall Williams, Boston 194

David Wyer, distiller, Charlestown, . . 676

Hannah Young, Boston, 677

SOCIETY IN LONDON FOR PROPA-
GATING THE GOSPEL IN
NEW ENGLAND,
commissioners of :

allowance to 488

memorial of, 442

SOMERS, Town of.
commissioners of this government to meet with
commissioners of Connecticut concern-
ing jurisdiction of, and certain other

towns, appointment of 337

failure to collect excise in 588

relative to complaints of, and W^oodstock, En-
field and Suffield, concerning jurisdic-
tion, 76

SOUTHAMPTON, District of.

to be provided with Province Laws, . . . 680
SPANISH MILLED DOLLARS.
pistareens, etc., to be converted into, . . .529

small bills of credit to be exchanged for, . . 529
SPRINGFIELD, Town of.
biUeting Canada soldiers at, allowance for, . 105
inhabitants of part of (Chicopee), to be erected

into a precinct, .... 296, 448
new precinct in (Chicopee), established, . . 509
STOCKBRIDGE INDIANS.
claims of, to lands in Hampshire County, com-
mittee to inquire into 647

Rev. Jonathan Edwards impowered to pur-
chase lands of, 560

STOCKBRIDGE, Town of.
billeting Canada soldiers at, allowance for, . 105
committee on Indian affairs at:

accounts allowed 684 ter

report of 563, 682

confirmation of land in, to Ephraim Williams

and Timothy Woodbridge, . . .320
controversy relative to lands belonging to

Indians of, ... 231, 272, 326, 454
English inhabitants of, invested with powers
and privileges belonging by law to pre-
cincts, 584

men to be posted at 108

Mohawks at, balance of account of committee

to provide for, allowed 569

record book for Indian proprietors of, . . 339
teacher and interpreter for Mohawks at, allow-
ance to, for services, .... 647
town-meeting to be called at, ... . 272
Ephraim Williams, jr., and .Joseph Woodbridge

to take up their land in 329

STONEHAM, Town of.
boundary line between Reading and, com-
mittee on, 505

810

Index.

415

STORE-HOUSE.

to lie built on Castle Island, . . • -437
STORES.

at Albany, relative to, 60, 13-2

allowance for, for tlie government, . . -77
in Commissary's hands to be sold, . • .394
committee to sell, purchased for Louisburg

expedition 156

for garrisons, relative to, Commissary General's

account of, "30

for the journey of the Governor to Albany, . 161
on Massachusetts sloop to be shipped to Eastern

frontiers, l-tS. 151

persons to account for, received for Canada

expedition, 183

and subsistence, account of Lieut. Col. Edward

Eveleth for, allowed, . . . 384, 435
STOUGHTON, Town of.
ccrt^iin inhabitants of, with their estates, to be

annexed to Walpole, relative to, 530, 649, 701

Indians in, guardians of, appointment of, ■ 39

STURBRIDGE, Town of.

laiiiilies, with their estates, to be annexed to, .
SUFFIELD, Town of.
billetiug money to inhabitants of, allowed,

failure to collect excise in,

relative to complaints of, and Woodstock, En
field and Somers, concerning jurisdic

tion,

SUFFOLK COUNTY.
boundary (Old Colony Line) between, and

Plymouth County, reUitive to, 149, 155, 423,
425, 448, 528, 605, 648
certain towns in, order of notice on, relative
to repairs on bridge over Neponset

River 593

courts in, adjouraed, 61

farmers of excise in:
Capt. Jeifry Bedgood, appointment of, . . 166
John Ruddock, appointment of, . . . 565
William Story, appointment of, . . . 689
committee to choose, . . .161, 551, 634

judge of probate for, impowered to allow com-
missioners more time to receive account

of a creditor 71

judge of probate for, impowered to appoint

guardians chosen by minors, . . . 586
judge of probate for, impowered to distribute

an estate 13

judge of probate for, impowered to reconsider
the additional account of the adminis-
tratrix of Jonathan Draper, . . .556
judge of probate for, to pass on the account of

John Fisher, guardian, ..... 503
judge of probate for, petition of, to be relieved

from charges for putting bonds in suit, 529
justices of court of general sessions in, to give

a new trial 321

justices of court of general sessions in, impow-
ered to grant a license, 46, 73, 104, 193, 194,
195, 197, 303, 309, 441, 443 bis, 444, 446 his, 467,
576, 591, 6G6, 670, 677, 680, 682, 705, 716, 725
justices of inferior court in, impowered to give
a rehearing in the case of the account

of Sarah Checkley 562

justices of inferior court in, impowered to hear

and try a cause 360, 397

justices of superior court in, impowered to
admit William Stewart as a party to an
action 526

SUFFOLK COUNTY — continued.
justices of superior court in, impowered to con-
firm a judgment 114

justices of superior court in, impowered to hear

and try a cause, . . 44, 82, 371, 676
justices of superior court in, impowered to

proceed upon a complaint, . . . 664
justices for, to see that repairs are made to

bridge over Neponset River, . . .633
selection of a jury from, to try a case in Bristol

County, HI

sheriff of, relative to sending out proclama-
tions, etc., by, 646

towns in, taxed for repairs of Court House, 110, 527
treasurer of, account allowed, 34, 164, 292, 438,

564, 656
under-sheriff in, petition of, for a new trial, . 278
SUNDERLAND, Town of.
billeting Canada soldiers at, allowance for, . 104
northern part of, to be erected into a precinct, . 550
petition of, for an additional grant, . . .519
Province lands between north line of, and
Miller's River to be annexed to the new

precinct in, 550

Province lands near, to be sold, . . .603 bis
unappropriated Province lands between north
line of, and Miller's River, relative to

sale of 550

SUPPLIES.
furnished by Capt. Phineas Stevens, . . .28

for Indian trade, at Saco 322

for Massachusetts Frigate, rum to be provided

for, in lieu of beer, 129

for Mohawk Indians, Commissary to send, . 450
for Township Xuml)er Four, to be provided, . 21
SURGEONS AND PHYSICIANS.

at Castle WiUiam, allowance to 84

physicians :
allowance to, for services, . . . .51
on the Western frontiers, account allowed, . 116
surgeons :
for commissioners to Quebec, establishment

of wages of 32

for Fort Massachusetts, allowed, . . .152
on the fi'ontiers, establishment of, pay of, . 168
for Indians, wounded at the time of the
murder in York County, to be pro-
vided, 317

in Louisburg expedition. Dr. William Rand,
payment of drafts of, committee in

regard to, 301

Dr. Joseph Pierce, services of, at Louisburg,

administratrix to receive pay due, . 245
Dr. William Rand, allowance to, . . . 355
Dr. Moses Robinson, allowance to, . . 131
services of, to be allowed on Eastern fron-
tiers 158

SUTTON, Town of.

boundary of, established, 218

Second precinct in, tax to be assessed on unim-
proved lauds in, 165

SWANSEA, Town of.
bridge over the river between, and Barrington,
petition in regard to building and re-
pairing, 248

constables in :
executions against, to be returned, . . . 530
impowered to collect taxes, . . . .24

relative to accounts of 245

town-meeting to be called at 566

Index.

811

TAUNTON, Town of.
relative to boundary of Rehoboth
chase and, North Purchase,
town -meeting to be called at, . . . .
TAVERNS,
licenses granted to the following persons to
keep:

Jonas Adams, Salem,

Nathaniel Ames, Dedham,

Thomas Bailey, Boston, .

Nathan Baldwin, Charlestown,

Samuel Baldwin, Weston,

William Becket, jr., Salem,

Benjamin Bickner, Boston,

Abigail Blodget, Woburn,

Ebenczer Bowman, Cambridge,

Elisabeth Bowman, Cambridge,

Crisp Bradbury, Haverhill,

Joseph Braddish, Cambridge,

John Bradshaw, Medford,

William Briant, jr., Reading,

Edward Britton, Salem, .

Peter Cade, Cambridge, .

Daniel Clark, Topsfleld, .

James Clement, Boston, .

Oliver Colburn, Dunstable,

Thomas Crosby, Braintree,

Benjamin Cudworth, Scituate,

Thomas Cutler, jr., Western,

Benjamin Eager, Shrewsbury,

Benjamin Hatch, Boston,

Benjamin Johnson, Stoughton

Benjamin Johnson, Woburn,

Ephraim Jones, Concord,

Daniel Lock, Acton, .

John Marston, Boston,

John Morse, Cambridge, .

Briant Morton, Gorhamtown,

Thomas Munroe, Concord,

John Nash, Weymouth, .

ZaccheuB Norwood, Lynn,

David Osgood, Billerica, .

John Palmer, Marblehead,

Joseph Parker, Stoughton,

Joseph Perkins, Chebacco,

Mary Perkins, Gloucester,

John Porter, Salem, .

James Proctor, Woburn, .

Asa Putnam, Salem, .

William Read [see William Rice], Sudbury

Aaron Rice, Rutland,

William Rice, Sudbury, .

Abiel Richardson, Cambridge,

Jacob Robinson, Topsfield,

Seth Ross, Concord, .

Abraham Sherman, Dartmouth

Richard Smith, Boston,

Walter Smith, Salem Village,

Thomas Spring, Weston, .

Robert Stone, Boston,

John Thomdike, jr., Beverly,

Caleb Trowbridge, jr., Groton,

John Ward, Lynn, .

Benjamin Waters, Salem,
TAX BILL.
confirmation of.

North Pur-

. 517, 543

5-2

;>03

G66
3S6
224
313
364
107
489
715
227
361
31-3
226
313
101
559
104
457
680
566
510
307
670
309
226
299
458
682
308
667
570
705
699

34
313
309
573
291
177
216

84
661
577
661
251
559
469
324
446
198
457

73
570
679
570
660

464

TAXES,
in Bedford, extension of time for assessment

of 320, 659

in Blandford, assessment of 323

in Boston, collector of. Province Treasurer

directed to suspend execution on, . . 549
in Boxford, Benjamin Porter authorized to
collect assessment for salary of pastor

of First Church 425, 486

in Bridgewater, inhabitants of, impowered to

choose collector of , . . ... 479
in Bristol County :
relative to moneys and papers in possession
of executors of late sheriff of Bristol
County, concerning, . . 100, 363, 439

in Charlemont, assessment of 658

in Chelsea, abatement of 130

in Chelsea, on the college lands, relative to, . 398
in Dartmouth, collection of, .... 684

in District of Douglas, assessment of, . . 702
in District of Douglas, time for collection of, on

unimproved land, extended, . . . 36S
in District of New Braintree, assessment of, . 653
in Dunstable, certain amount to be deducted

from taxes in Groton and added to, . 245
in Eastham:
to be distributed to families who have suf-
fered from smallpox, . . . -97
in Groton, certain amount to be deducted from,

and added to taxes in Dunstable, . . 245
In Groton, collector of, to be chosen, . . . 436
in Harwich (South precinct), to be assessed on

all land 325

in Holden, confirmation of votes in regard to

raising 267

in Ipswich, First and South parishes, relative

to assessment of 703

in Ipswich Second parish:
inhabitants impowered to choose collector

of, 166

petition In regard to ministerial, . . .438
in Leicester, West parish, assessment of, . . 514

in Medfleld, collection of 250

in Medway, abatement of, 20

in Middleborough, First precinct, collector of,

to be reimbursed 368

in Middleborough and Bridgewater (Titticut
Precinct), collector of taxes to be

chosen in 167

in Natick, expense for taking the valuation of

rateable estates to be added to, . . 311
in Natick, order in regard to collecting, . . 239

in Needham, abatement of 17

in Newbury, Third parish, collectors of, im-
powered to collect 687

in New Marlborough (Number Two), petition

in regard to 112

in North Yarmouth, assessment of, . . 41,51
in Norton, improper assessment of, petition in

regard to • 575

in Oxford, assessment of 69

in Plymouth, Second precinct, collection of, . 154
in Rowley, First parish, collectors of, impow-
ered to collect, etc., 481

in Rutland, new district, assessment of, . . 272
in Salem, assessment of, relative to, 394, 422, 432, 486

812

I:n^dex.

TAXES — continued.
in Salem and District of Danvere, apportion-
ment of 670

in Sheffield, Upper parish, assessment of, . 418
inSherborn (Middlesex County), collection of,

allowauce to constable for, . . . 146
in Springfield, new precinct, reimbursement of,

assessed in first and second precincts, . 509
in Stoughton, exemption of, for certain inhabi-
tants set off from Stoughton to Walpole, 530
in Sutton, Second precinct, assessment of, . 165

in Swansea, collection of 24

in Townsend, constable of, impowered to col-
lect 576

In Wareham, assessment of, .... 421
in Ware River Parish, execution against col-
lectors of, to be delayed, . . .665
in Ware River Parish, relative to collectors

of, 666

in Wrentham, petition of inhabitants of, in

regard to the county tax, . . .297

in Wrentham, taxes of certain families assessed

in Medway to be added to, . . . 128
Province :
in Berwicls, certain sum due from Alexander

Grant, to be added to 728

in Cambridge, certain sum due from Joshua

Gamage, to be added to 728

in Georgetown, certain sum due from James
Savage and Daniel Lancaster, to be

added to, 727

in Hopkinton, certain sum due from James

Lock, to be added to, ... . 728
in Kittery, certain sum due from John Lyd-

stone, to be added to, ... . 727
In North Yarmouth, certain sum due from

Nathaniel Barnes, to be added to, . . 728
allowance paid moderator in Natick, to be

added to 383

certain sum due from town of Boston to be

added to the next, 719

expense of taking the valuation of ratealile

estates in Natick to be added to, . . 383
order in regard to assessing, .... 557
biUs of credit or government notes to be re-
ceived for, 574

bills of credit on this Province, to be received

for 608, 658, 696

government notes to be received for, . . . 568
coppers to be received in ijayment of, in like

proportion with silver 473

due from persons set off from Bristol County

to Rhode Island, relative to, . . 439, 508
executions against delinquent collectors of,

relative to, ... 102, 126, 344, 514
exemption of :
for the Boston Artillery Company, . . . 341
certain persons in Ipswich, First parish, . 59
in proposed precinct in Cambridge, . . 193
on Quakers in Dartmouth, . . . .57
on real and personal estate belonging to Har-
vard College 699

laid upon inhabitants of new precinct in Spring-
field to be reimbursed or discharged, . 509
on moneys belonging to Harvard College:
memorial of President and Fellows of Har-
vard College in regard to, . . . 194
report of committee in regard to, . . .398
in new district erected out of Shecpscot, direc-
tions to collectors of, ... . 717

167
214
317

349

471

390
109

TAXES — continued.
due Province of Massachusetts Bay, relative to

non-payment of 508

security required .for, of persons leaving the

Province, order in regard to, . . .350
in the several towns, apportionment of, allow-
ance to committee for, ... . 520
silver and copper brought in by, relative to, . 495
on towns in Suffolk County, for repairs of

court house, 110, 527

THANKSGIVING.

rehitive to tlie appointment of, 56, 163, 287, 445, 565
TITTICUT INDIANS,
guardians of, appointment of, . . . . 718
James Thomas, impowered to sell land, 146, 280, 467
TITTICUT PRECINCT (in Bridgewater and
Middleborougli).

collection of taxes in

plan of certain land in, to be prepared,
proceedings of a meeting in, confirmed,
relative to lands for use of the ministry and for

a meeting-house in

TIVERTON, Town of.
certain inhabitants of, and of Rochester, Mid-
dleborough and Dartmouth, with their
estates, erected into a precinct,
TOLLS.
over bridge at Hix's ferry, in Dartmouth,

establishment of

TOPSHAM (part of the Pejepscot Purchase)
Township of.
allowance to soldiers at, for losses, .

men to be posted at

TOWN HOUSE,
at Cambridge:
to be built with money received from Sir

Peter Warren 499, 500

committee in regard to the destruction of, . 74
justices of court of general sessions in Plym-
outh County, impowered to reconsider
vote in regard to building a court house

at Plymouth 219

order for biUs of credit burned in, . . . 154

papers lost by tlie burning of, . . . 78, 159

relative to the building of, 72, 73, 107, 110, 116, 118,

134, 153, 190, 245, 353, 369, 399 bis, 527

walls of, to be secured 78

TOWNS.
Abington :
petition of, and of other towns in regard to

building court house at Plymouth, . 219
Acton :
boundary between Concord and Acton, report

of committee on,

Albany :
Commissary General's account of provisions,

etc., at, report of committee on,
commissioners to attend the conference at,

relative to, ... 544, 547, 548, 655

commissioners to Congress of the Six Nations

at, relative to, . . . . 151, 157, 159
stores at, report of committee on, . . . 132
Arundel :

men to be posted at 109

Attleborough :
constables of, accounts of, to be rendered, . 208
constables of, executions against, to be

returned, 530

Barnstable :
Indians in, guardians of, appointment of, • 39

132

Index.

813

TOWNS — continued.
Barrmgton :
bridge over the river between Swansea and,
petition in regard to building and re-
pairing, 248

Bellingiiam :
petition of certain inhabitants of, Holliston,
Medway and Wrentham, to be erected

into a precinct, 159

petition of inhabitants of, relative to ecclesi-
astical alfairs 14

Berkley :

town-meeting to be called at 541

Berwick :
divided into two precincts, . . . .237

men to be posted at 109

proceedings of to^vn-meeting in, confirmed, . 542
Province tax in, certain sum due from Alex-
ander Grant, to be added to, . . . 728
Biddeford :

men to be posted at 109

Blandford :
billeting Canada soldiers at, allowance

for 105

establishment of rates for l)illeting soldiers

at 323

men to be posted at, 108, 152

proceedings of town-meeting in, confirmed, . 672
tax to be assessed upon all lands in, . . 323
Boston :
allowance, for relief of persons suffering

from smallpox in 646

allowance to selectmen of, for purchase of

boat for Rainsford Island, . . . 458
artillery company in, exempted from tax-
ation, 341

certain sum due from, to be added to the next

Province tax, 719

collector of taxes in. Province treasurer di-
rected to suspend execution on, . . 549
ferry-boat between, and Charlestown, to be

laid off 609

pirates committed to jail in, allowance to

blacksmith for viewing the irons of, . 285
powder-house in, establishment of pay of

keeper at, 393

powder-house in, fees for storage of gun-
powder in, 526

repairs of town-house in, apportioned, . 110,527
weigher of hay in, appointment of, . . 112

Boxford :
First church in, Benjamin Porter authorized
to collect assessment for salary of

pastor of 425, 486

Bradford :
impowered to exchange part of the ministry

land, 229

Bridge water :

collection of taxes in 479

petition of, and of other towns in regard to

building a court house in Plymouth, . 219
Titticut precinct in, and Middleborough :
collector of taxes to be chosen in, . . 167

plan of certain land in, to be prepared, . 214
proceedings of meeting in, confirmed, . 817
relative to lands for use of the ministry and

for a meeting-house in 349

Brimfleld :
boundary line between, and Western, estab-
lished, 662

TOWNS — continued.
Brookfield :
northeasterly part of, erected into a precinct, 364
part of, and part of Hardwick and New
Braintree to be erected into a new

precinct 440, 453

part of, and part of Hardwick and New
Braintree lately erected into a precinct,
to be erected into a district, . . 475, 518
Brookline :

fine remitted to, 167

Brunswick :

men to be posted at, 109

Cambridge :
committee in regard to raising the causeway

in 252

court house to be built in, . . . 499, 500

petition of inhabitants of, south part, to be

erected into a precinct, . . . 193, 220
Province tax in, certain sum due from Joshua

Gamage, to be added to 728

session of House of Representatives at, chap-
lain of, allowance to, ... . 710
Charlestown :
allowance for relief of persons suffering from

smallpox in, 689

deacons of cliurch in, allowance to, for bills

of credit destroyed, . . . .717

ferry-boat between, and Boston, to be laid

off, 609

keeper of powder-house in, allowance to, . 524
purchase of stone building in, for a powder-
house 33,102

Chelsea :
certain inhabitants of Lyun and, to be erected

into a precinct, 356

taxes in, abatement of 130

Concord :
boundary between, and Acton, report of com-
mittee on, 77

session of House of Representatives at, chap-
lain of, allowance to 710

West society in, relative to taxes in, 196, 252,

365, 468
Dartmouth :
certain inhabit;ints of, and of Rochester,
Freetown and Middleborough, with
their estates, to be annexed to the new

precinct, 441

certain inhabitants of, Rochester, Middlebor-
ough and Tiverton, with their estates,

erected into a precinct 54

constable in, appointment of, confirmed, . 684
Hix's ferry in, tolls over bridge at, estab-
lished 471

village of Acushnet in, erected into a precinct, 57
Dedham :
westerly part, inhalMtants of, with their

estates, erected into a precinct, . . 186
Deerfleld :
billeting Canada soldiers at, allowance for, . 104

men to be posted at 51, 108, 168

Dighton :

power to call town-meeting at, . . .554
Dorchester :
remonstrance of committee for, against lia-
bility for repairs on bridge over Nepon-

set River, 5^*3

Dracut :
meeting-house in, committee relative to, 116, 135

814

IXDEX.

TOWNS — contimied.
Dunstable:
certain families in, to be annexed to Second

precinct in Groton, 577

certain inhabitants of Groton to be annexed

to 12

meeting-house in, vote on petition of inhabi-
tants in regard to, 282

relative to delinquent constables and col-
lectors of, 714

taxes to be deducted from Groton and added

to 245

Duxbury:
petition of inhabitants of, in regard to damage

by cattle, etc. 587

Eastham :
Indians in, guardians of, appointment of, . 39
North precinct in, agents to give certificates

of freedom from smallpox in, . . 43
North precinct in, taxes collected to be dis-
tributed to families who have suffered

from smallpox in 97

Easton :
meeting-house in, relative to building, 468, 491,

516, 520
Enfield:
commissioners of this government to meet
with commissioners of Connecticut
concerning jurisdiction of, and certain
other towns, appointment of , . . . 337
failure to collect excise in, .... 588
relative to complaints of, and Woodstock,
Suffield and Somers, concerning juris-
diction 76

Falmouth, Barnstable County :

Indians in, guardians of, appointment of, . 39
Falmouth, York County :
detachment of militia in, to be ordered ro
assist officer charged with execution
of a warrant for apprehension of Ben-
jamin and Richard Holbrook, . . 330
fort at, allowance to engineer for projecting

and building, 498

men to be posted-at, 109

men to be raised in, for defence of frontiers

east of, 434

transportation of whale-boats from Nantucket

to, allowance for 43

FreetowTi :
certain inhabitants of, and of Rochester,
Dartmouth and Middleborough, with
their estates, to be annexed to the new

precinct 441

Indian in, guardians of, appointment of, . 356
town-meeting to be called at, . . . 523, 634
GeorgetowTi :

■^ men to be posted at 109

Province tax in, certain sum due from James
Savage and Daniel Lancaster, to be

added to, 727

provisions to be removed from, to Fort

Richmond, 342

Grafton :

fine remitted to 372

Indians of, impowered to sell land, 188, 372, 459,

463, 597
Groton :
billeting Canada soldiers at, allowance for, . 104
certain amount to be deducted from taxes in,

and added to taxes in Dunstable, . . 245

TOWNS — continued.
Groton — continued.
certain families in Dimstable to be annexed

to second precinct in, . . . . .577
certain inhabitants of, to be annexed to Dun-
stable, 12,282

new district in, to be provided with Province

Laws 680

soldiers to be posted at Groton precinct, . 21

town-meeting to be called at 436

Hadley :

billeting Canada soldiers at, allowance for, . 104
Hanover :
fishery in, obstructions to, court of general
sessions in Plymouth County directed
to receive report of committee on, . 340
petition of, and of other towns in regard to

building a court house at Plymouth, . 219
Hard wick :
part of, and part of Brookfield and New
Braintree to be erected into a pre-
cinct, 440, 453

part of, and part of Brookfield and New
Braintree lately erected into a precinct,
to be erected into a district, . . 475, 518
Harvard :

fine remitted to 12

Harwich :
Hester Atamon, Indian, impowered to sell

land, 289

Indians in, guardians of, appointment of, . 39
South precinct in, tax on all land in, . . 325
Hatfield :
billeting Canada soldiers at, allowance

for 104

guard for inhabitants of 153

Haverhill :
I)art of North parish in, erected into a dis-
trict 713

town-meetings in, relative to, . . 115, 160, 168
Hingham :
Second precinct in, certain families in, with
their estates, to be annexed to First

precinct 123

Holden :
tax on land in, votes in regard to raising, con-
firmed 267

HoUiston :
petition of certain inhabitants of, Bellingham,
Medway and Wrentham, to be erected

into a precinct, 159

selectmen of, directed to take charge of Jona-
than Page 461

Hopkinton :

fine remitted to 463

Province tax in, certain sum due from .James

Lock, to be added to, ... • 728
Hull:

town-meeting to be called at 202

Ipswich :
committee on annexation of certain inhabi-
tants of, to First parish in Rowley,

appointment of 135

First parish in, certain inhabitants of, with
their estates, to be annexed to First

jiarish in Rowley 190

First parish in, certain inhabitants of, with
their estates, to be annexed to the new

precinct 59

First parish in, order of notice on, . . . 582

Index.

815

409
582

411

109
548

TOWNS— contimied.
Ipswich — continued.

First parish in, report of committee on peti-
tion of certain inhabitants of, to be
erected into a precinct, .... 22

First and South parishes In, polls and estates

in, to be equally divided between, . . 703

Second parish in, collector of taxes to be

chosen in, 166

Second parish in, part of, erected into a sep-
arate precinct 668

Second parish in, petition in regard to min-
isterial tax in, 438

Second parish in, trustees and collector of,
relative to confirmation of proceedings
of 288,

South parish in, order on petition of,
Kittery :

First parish in, to be divided into two pre-
cincts

men to be posted at out garrisons in,

petition of, in regard to ministerial lauds.

Province tax in, certain sum due from John

Lydstone to be added to, ... 727
Leicester :

fine remitted to, 271

petition of Daniel Denny and otliers of, rela-
tive to laying out and repairing higli-
ways in 351

West parish in, tax assessed upon lands of

non-residents in, 514

Leominster :

billeting Canada soldiers at, allowance for, . 105

inhabitants of, employed as scouts, . . 153

soldiers to be posted at, 21

Littleton:

constaljles in, confirmation of appointment

of 81

Lunenburg:

billeting Canada soldiers at, allowance for, . 105

men to be posted at 21

men to be posted at out garrisons in, . . 108
Lynn:

certain inhabitants of, and of Chelsea to be

erected into a precinct 356

Marblehead :

fort at, allowance to engineer for projecting

and building, 498

Marshfleld :

petition of, and of other towns in regard to

building a court house at Plymouth, . 219
Medfleld :

taxes in, constable impowered to collect, . 250
Medway :

certain families in, annexed to Wrentham,

taxes of, to be added to Wrentham, . 128

petition of certain inhabitants of, Belling-
ham, Holliston and Wrentham, to be
erected into a precinct, . . . .159

taxes in, abatement of 20

Methuen :

fine remitted to, 413

First parish in, report of committee on, . 592

Middleborough:

certain inhabitants of First parish, with their

estates, to be erected into a precinct, . 98

certain inhabitants of, and of Rochester,
Dartmouth and Freetown, witli their
estates, to be annexed to the new pre-
cinct 441

TOWN S — CO ntinued.
Middleborough — continued.
certain inhabitants of, Rochester, Dartmouth
and Tiverton, with their estates, to be

erected into a precinct 54

certain inhabitants of, with their estates, to be

continued In the First precinct in, . 232

East precinct in, committee in regard to the

support of the ministry in, . . . 29
First parish in, to reimburse collector of

taxes 368

First parish in, report of committee relative

to closing meeting-house in, . . . 392
Indians in, guardians of, appointment of, . 39
pastor of a church in, land granted to, to

satisfy a claim, 577

pastor of First churcli in, memorial of, in

regard to salary 430

James Thomas, Indian of, impowered to sell

land 467

Titticut precinct in Bridgewater and :
collector of taxes to be chosen in, . . 167
plan of certain land in, to be prepared, . 214
proceedings of meeting in, confirmed, . 317

relative to lands for use of the ministry and

for a meeting-house in 349

Middleton :

proceedings of town meetings in, coufirmed, 673
Middletown, Connecticut:
commissioners for New York, Connecticut
and Province of Massachusetts Bay to

meet at 62, 68, 70, 72

Nantucket :
transportiition of whale-lioats from, to Fal-
mouth, Casco Bay, allowance for, . . 43
Needham :

fine remitted to, 17

proceedings of meeting in, confirmed, . . 413
Newbury :
First and Third parishes in, certain families

exempted from parish rates, . . .687
lottery in, to defray expense of bridge at Old

Town Ferry, petition for, . . .386
Third parish in, proceedings at meetings in,

confirmed, 424

Northampton :
new district in, to be provided with Province

Laws, 680

Northfleld :
billeting soldiers in, relative to, . 243, 276, 323
men to be posted at, . . 21, 51, 108, 152, 168, 276
North Yarmouth :

men to be posted at, 109

new precinct in, erected 269

pay and subsistence of men at, and at the

eastward, to bo continued, . . . 264
petition of agents of, for correction of a mis-
take in a record, 113

Province tax in, certain sum due from Na-
thaniel Barnes, to be added to, . . 728
tax to be assessed upon certain lands in, 41, 51
Norton :
election of ofliccrs in, order in regard to, . 512
petition in regard to improper assessment by

assessors of, 575

Nottingham :

part of, to be annexed to Dunstable, . 12, 282
Oxford:
tax to be assessed on lands of non-residents

816

Index.

TOWNS — continued.
Pembroke :

fine remitted to 15

Indians in, guardians of, appointment of, . 39
petition of, and of otlier towns in regard to

building a court house at Plymouth, . 219
Phillipstown :
men to be posted at, . . . 51,168,264,434
Province Treasurer to pay wages due inhabi-
tants of, 5"

Plymouth:
Indians in, guardians of, appointment of, . 39
relative to building a court house at, . . 219
Second precinct in, collector of taxes in, im-

powered to finish collecting the tax, . 154
Plympton :
First precinct in, certain inhabitants of, with
their estates, to be annexed to the South

precinct, 507

petition of, and of other towns, in regard to

building a court house at Plymouth, . 219
South precinct in, confirmation of tax biU

in, ........ 464

Provincetown :

allowance to, for support of ministry in, . 37
Reading :
boundary between, and Stoueham, committee

on 505

Rehoboth :
constables in, proceedings of, to be held good

and valid 722

relative to boundary of North Purchase and

Taunton North Purchase, . . .517
town-meeting to be called at, .... 566
Rochester :
certain inhabitants of, and of Dartmouth,
Freetown and Middleborough, with
their estates, to be annexed to the new

precinct 441

certain inhabitants of, and of Middleborough,

. Dartmouth and Tiverton, with their

estates, to be erected into a precinct, . 54

Rowley :

First parish in, appointment of a member of

the committee on petition of certain

inhabitants of Ipswich and Rowley to

be annexed to 135

First parish in, certain inhabitants of First
parish in Ipswich, with their estates, to

be annexed to 190

First parish in, proceedings of meetings in,

confirmed, 481

Rutland :
new district in, tax to be assessed on all

lands in, 272

northwest part of, erected into a district, . 234
west wing of, petition of inhabitants of, and
of land called [New] Braintree, to be

erected into a precinct 334

Salem :
taxes in, assessment of, relative to, 394, 422, 432, 486
and District of Danvers :
taxes in, apportionment of, . . . . 670
Sandwich :
allowance to William Swift of, for charges
incurred in prosecution of Quakers for
non-performance of military duty, . 106
Indians in, guardians of, appointment of, . 39
Scarborough :
men to be posted at, 109

219

337

588

TOWNS — continued.
Scituate :

petition of, and of other towns, in regard to
building a court house at Plymouth,
Sheffield:

Hoplands in, relative to the settlement of

Indians of the Six Nations at the, . 488, 563

men to be posted at, 108

upper parish in, assessors in, impowered to

make a new assessment 418

Sherborn, Middlesex County :

constables of, allowance to, for collection of

taxes in, 146

Sherburn, Nantucket County :

complaint of Nantucket Indians, in regard to
abuses from the English,
Somers :

commissioners of this government to meet
with commissioners of Connecticut con-
cerning jurisdiction of, and certain other
towns, appointment of, .

failure to collect excise in

relative to complaints of, and Woodstock,
Enfield and Suffield, concerning juris-
diction 76

Springfield:

billeting Canada soldiers at, allowance

for 105

inhabitants of part of (Chicopee) , to be erected

into a precinct, .... 296, 448

new precinct in (Chicopee), established, . 509
Stockb ridge:

billeting Canada soldiers at, allowance for, . 105

committee on Indian affairs at :

accounts allowed 684 ier

report of 563, 682

confirmation of land in, to Ephraim Williams

and Timothy Woodbridge, . . .320

controversy relative to lands belonging to

Indians of, . . . 231,272,326,454

Rev. .lonathan Edwards impowered to pur-
chase lands of Indians of, . . . 560

English inhabitants of, invested with powers
and privileges belonging by law to pre-
cincts, 584

Indian lands in, relative to, . 231, 326, 339, 454

men to be posted at, . . . • . . 108

Mohawks at, balance of account of com-
mittee to provide for, allowed,

record book for Indian proprietors of, .

teacher and interpreter for Mohawks at,
allowance to, for services,

town-meeting to be called at, ....

Ephraim William, jr., and Joseph Woodbridge
to take up their land in, .
Stoneham :

boundary between Reading and, committee

Stoughton :

certain inhabitants of, with their estates, to be

annexed to Walpole, relative to, 530, 649, 701

Indians in, guardians of, appointment of, . 39
Sturbridge :

families, with their estates, to be annexed to, 415
Suffield :

billeting money to inhabitants of, allowed, . 133

failure to collect excise in 588

relative to complaints of, and Woodstock,
Enfield and Somers, concerning juris-
diction, 76

569
339

647
272

329

505

Index.

817

TOWNS — continued.
Sunderland :
billeting Canada soldiers at, allowance for, . 104
northern part of, to be erected into a precinct, 550
petition of, for an additional grant, . . 519

Province lands between north line of, and
Miller's River, to be annexed to the new

precinct in, 550

Province lands near, to be sold, . . 603 his
unappropriated Province lands between north
line of, and Miller's River, relative to

sale of, 550

Sutton :
boundary of, established, .... 218
second precinct in, tax assessed on unim-
proved lands in 165

Swansea:
bridge over the river between, and Barring-
ton, petition relative to building and

repairing, 248

constables in :
executions against, to be returned, . . 530
impowered to collect taxes, . . . .24

relative to accounts of 245

to\vn-meeting to be called at, . . . . 566
Taunton:
relative to boundary of Rehoboth North Pur-
chase and. North Purchase, . . 517,543
town-meeting to be called at, .... 523
Tiverton :
certain inhabitants of, and of Rochester, Mid-
dleborough and Dartmouth, with their
estates, erected into a precinct, . . 54
Townsend:
billeting Canada soldiers at, allowance for, . 105
constables impowered to collect taxes in, . 576

men to be posted at 21, 108

Upton :
proceedings at town-meetings in, declared

null and void, 124

Uxbridge :
boundary between, and District of Douglas,

relative to, 445

petition for certain persons in, to be set back

to District of Douglas, . . . .466
Walpole :
certain inhabitants of Stoughton, with their
estates, to be annexed to, relative

to, 530, 649, 701

Wareham :
assessors of, impowered to make a new

assessment, 421

town-meeting to be called at 542

Wells :

men to be posted at 109

part of, Kennebunk, erected into a precinct, . 417
Westboi'ough :
First precinct in, proceedings of meetings in,

confirmed, 650

Second precinct in, proceedings of certain

meeting in, superseded and set aside, . 390
Western :
boundary line between Brimfield and, estab-
lished 662

Westfleld:
billeting Canada soldiers at, allowance for, . 105

town-meeting to be called at 508

Weymouth :
assessors of, relative to taxation of Bumpkin

Island by, 699

TOWNS — continued.
Wiscasset:

ammunition for, 434

men to be posted at, 109

Woburn:
Third parish in, certain persons, with their

estates, to be accounted part of, . . 312
Woodstock :
commissioners of this government to meet
with commissioners of Connecticut con-
cerning jurisdiction of, and certain other

towns, appointment of 337

Province Treasurer to stay collection of ex-
cise in 545

Worcester :

impowered to sell the ministerial land, . . 10
Wrentham :
county tax in, petition of inhabitants of, in

regard to, 297

petition of certain inhabitants of, Bellingham,
HoUiston and Medway, to be erected

into a precinct, 159

petition of, in regard to land belonging to

Thomas Deane, 16

tax of certain families taken from Medway

to be added to 128

Yarmouth :
constable in. Province Treasurer to discount
a certain sum from tax bill in favor

of 511

Indians in, guardians of, appointment of, . 39
York :

men to be posted at, 109

special court held at, allowance to Samuel
Winthrop, clerk of the superior court,

for attendance at, 495

special court of assize held at, allowance to

justices for attendance at, . . . 491
and districts in the Province, assessors to make

assessments upon 557

and settlements from Salmon Falls to Damaris-
cotta River :

men to be posted at, 51, 168

assessments upon, in this Province to be made
in conformity with the warrants of the

Province Treasurer 316

certain, in Plymouth Count}-, petition of agents
of, relative to proposed court house at

Plymouth, 219

certain, in Suffolk County, order of notice on,
relative to repairs on bridge over Nepon-

set River, 593

in York County, west of Falmouth, enlistment

or impressment of men in, . . . 434
relative to nonfulfllment of the conditions of

grants in, 422

rateable estates in the several, valuation of,

allowance to clerks for preparing, . 355

taxes in the several, in the Province, apportion-
ment of, allowance to committee for, . 520
Treasurer impowered to receive Province bills

from collectors of taxes in, . . . 608
TOWNSEND, Town of.
billeting Canada soldiers at, allowance for, . 105
constable impowered to collect taxes in, . . 576

men to be posted at, 21, 108

TOWNSHIPS OR PLANTATIONS.
Ashuelots, The;
billeting soldiers at, allowance for, . . 276

men to be posted at, . . 51,108,168,264,276

818

Index.

TOWNSHIPS OR PLANTATIONS — co?i-

tinued.
Ashuelots, The — continued.
pay and subsistence of men at, allowed, . 334
vote in regard to certain men to be posted at, 182
Bedford :
assessment of taxes in, . . . . 320, 659
delinquent proprietors of, relative to disposi-
tion of land of 148, 180

meeting of proprietors to be called at, . . 96
Charlemont:

tax to be assessed upon all lands in, . . 658
Colrain (Boston Township Number Two) :
fort at, establishment of rates for billeting

soldiers at 323

fort at, men to be posted at, . 51, 108, 168, 276
fort at, soldier injured at, allowance to, . . 149
Contoocook :

pay and subsistence of soldiers at, allowed, . 19
Damariscotta :

men to be posted at, 109

Falltown :
billeting Canada soldiers at, allowance for, . 104
establishment of rates for billeting soldiers at, 323
inquiry to be made in regard to fulfilment of

conditions of grants in 585

meeting of proprietors to be called at, . . 585
men to be posted at, . . .51, 108, 168, 276
Gorham or Gorhamtown (Narragansett Town-
ship Number Seven) :
inhabitants posted at, petition in regard to, . 235
men to be posted at, ... 51, 109, 168, 264
pay and subsistence to inhabitants of, serving

as soldiers, allowed, .... 300
Hoosac :
grant of land at, to Capt. Ephraim Wil-
liams, 497, 671

Province lands for two townships near, com-
mittee to lay out 241

West township of, committee to lay out, . 379
West township of, soldiers at Fort Massa-
chusetts to be admitted as settlers in, . 485
Narragansett Township Number One :

proprietors of, impowered to remove a fort, . 480
Narragansett Township Nuniljer Two :
inhabitants of, to serve as scouts, . . . 153

men to be posted at 21, 108

payment of inhabitants of, for their service

as scouts, allowed 198

petition of minister of 437

non-resident proprietors of, complaints

against, report of committee on, . . 392
wages due soldiers posted at, allowed, . . 73
Natick :

collection of taxes in 239

committee for viewing, allowance to, . . 428
grant of land in, confirmed to Nathaniel Bul-

lard 429

guardians of Indians in, to sell land belong-
ing to Elisabeth Wedges, . . . 490
Indians of, impowered to sell land, 39 his, 42, 85,
122, 340, 341 bis, 342, 363, 368, 429, 495, 496, 597,
655
meeting-house in, committee in regard to

building 294,442

parish meetings at, relative to, . 120, 158, 212
relative to sale of land in, belonging to certain

Indians 668

valuation of rateable estates in, relative

to 131, 311, 383

TOWNSHIPS OR PLANTATIONS -con-

tinued.
New Marblehead :
inhabitants posted at, petition in regard to, . 234
men to Ije posted at, . . . 51, 109, 168, 264
pay and subsistence of inhabitants of, serv-
ing as soldiers, allowed 300

New Marlborough :
order on petition of non-resident proprietors

of, in regard to a certain town-meeting in, 547
taxes in, petition in regard to, ... 112

New Meadows:

men to be posted at, 109

New Rutland :

inhabitants of, to serve as scouts, . . .153
New Salem :
billeting Canada soldiers at, allowance for, . 104
establishment of rates for billeting soldiers at, 323

men to be posted at, 108

survey of, to be made 680

Nichewoag ;
billeting Canada soldiers at, allowance for, . 105
inhabitants of, to serve as scouts, . . . 153

men to be posted at, 108

wages due inhabitants posted at, allowed, . 73
Number One [Housatonic Township] :

men to be posted at 108

Number Two [Housatonic Township] :

men to be posted at, 108

Number Four, in Hampshire County :
settlement of, petition of proprietors in regard

to 409

Payquage :
billeting Canada soldiers at, allowance for, . 105
confirmation of land right in, to Joseph Lord, 582
Ebenezer and Lydia Harris, impowered to

sell land right in 663

men to be posted at 51, 108

settlement of, relative to, . - • • 580, 715
wages due inhabitants posted at, allowed, . 73
Quabin :
first meeting to be called at, . . . . 284
inhabitants of, impowered to settle a minister, 284
Road Town :
billeting Canada soldiers at, allowance for, . 104
establishment of rates for billeting soldiers at, 323
land between, and Miller's River, committee

to sell 516. 548

land near, committee impowered to execute

deed of 591

men to be posted at, 108

Saccarappa :

men to be posted at 109

Sheepscott:

ammunition for, 434

erected into a district 717

men to be posted at 109

Topsham (part of the Pejepscot Purchase) :
allowance to Parker Lombard, soldier at, for

losses 390

men to be posted at, 109

Tyngs Town :
petition of proprietors of, for an equivalent

grant of land 519

Upper Ashuelot:

guard lor men building fort at, . . .21
granted to soldiers or their representatives
under Capt. Humphrey Hobbs and
Capt. Moses Pierson in Louisburg ex-
pedition, 400

Index.

819

TOWNSHIPS OR PLANTATIONS -coH-

tiiiueil.
new, clerks of, to deposit copies of original

grants, etc., in the secretarj-'s office, . 47'J
new, in Eastern frontiers, grantees of, allowed

further time for settlement of, . . 695
new, near Housatonic, called Number One:
Benjamin and Sarah Bemis impowered to sell

land right in 661

TRADE.
Indian :
account of goods, etc., for, report of com-
mittee on 729

certain sum allowed for 283

Commissary General to send supplies for, 322, 3fe7

to be continued 298

Indian truck-trade, allowance for expenses
attendant upon treaty with Eastern
Indians to be made from, . . . 555
Indian truck-trade, allowance for presents to
Indians and for expenses of Lieut.
Governor and commissioners attending
conference at St. George's River to be

made from, 544

loan for carrying on, allowed to be paid into

the Province treasury by installments, 331
report of committee on memorial of Thomas

Hutchinson in regard to the medium of, 06
TRANSPORTATION,
of commissioners to Quebec, vessel to be char-
tered for use of 29

of Irish Protestants, relative to, . . . 354

provision to be made for, into the Province of
Maryland, of certain persons arrested on
suspicion of murder in that Province, . 540
of whale-boats, sloop to be chartered for, . 43

TRAVELLING EXPENSES,
of a certain Indian and wife, allowed, . . 600
of commissioners to Albany, allowed, . . ,555
of Samuel Stevens for attendance at the Gen-
eral Court, allowed, .... 126
of David King and other officers in the service,

allowed, 129

TREASURER, COUNTY.
of Barnstable County :

accounts allowed, . . .9, 279, 439, 546, 639
of Bristol County :

accounts allowed, . . . 229, 434, 581, 718
of County of Dukes County :

accounts allowed, .... 184, 390, 718
of Essex County :

accounts allowed, ... 36, 184, 433, COO
of Middlesex County :

accounts allowed, . 26, 165, 278, 437, 549, 6.38

of Plymouth County ;

accounts allowed, . 49, 169, 284, 433, 539, 6.39

of Suffolk County :

accounts allowed, . 34, 164, 292, 438, 564, 656

of Worcester County :

accounts allowed, . . 9, 143, 268, 412, 539, 639
of York Count^v :
accounts allowed, . . 26, 270, 427, .545, C40
TREASURER OF HARVARD COL-
LEGE.

order on memorial of, 699

TREASURER, PROVINCE.
accountable for sum due :
from Thomas Dennis, Ipswich, . . . 720
from William Sutton, Ipswich, . . . 720
from Benjamin Wood, Hopkinton, . . .720

TREASURER, FROVIN CE — continued.

accounts of, relative to, 609, 611, 613, 614, 617, 619,
621, 623, 685, 698, 723
allowance to, 93 bis, 174 bis, 376 bis, 483 bis, 595, 708
authorized to pay money to Thomas Hutchin-
son to meet drafts of John Henry

Lydius, 79

committee to assist, in borrowing money, . 451

directed in regard to paying silver, . . 473, 478
directed in regard to paying out silver and

coppers received for taxes, . . . 495
directed in regard to receiving coppers for

taxes, 473

discharged of amount of bills of credit burned,

200, 518, 608 bis, 657, 677, 685
forbidden to pay out base money, . . . 494
impowered to demand and receive the Province

part of seizures 220

impowered to receive Province bills of tax col-
lectors and constables, .... 608
issujince of executions by, against delinquent

constables or collectors, relative to, 102,

126, 514
relative to the quaUflcations of, . . . 693, 695
to abate one quarter i)art of sum due from

farmer of excise in Plymouth County, 675
to abate sum due from farmer of excise in

Hampshire County, 588

to attend the committee appointed to inquire

into the state of the treasury, . . 654

to defer issuing executions :
against collectors of taxes in Ware River

Parish 665

against constables and collectors, . . . 344
to deliver a certain sum :
to commissioners to Albany, .... 159
to commissioners for New York Congress, . 38

to committee on valuation 355

to deliver small bills of credit in lieu of

silver, 529

to discount a certain sum from tax bill in Yar-
mouth, in favor of constable in, . . 511
to furnish certain sum to Agent Bollan, . . 351
to give public notice of readiness to discharge

treasury orders, 606

to give receipts for money borrowed, . . 450
to honor drafts made by the commissioners
for the redemption of captives in

Canada, 302

to issue executions against the following per-
sons:
Isaac Bennet, Middleborough, . . . 722

Amos Binney, Hull 721

John Hooper, Berwick 727

David Loring, Hull, 721

James Loring, Hull 721

Samuel Pray, Kittery 720

John Safford, Ipswich, 721

Thomas Switi, Milton 721

Timothy Townsend, Salisbury, . . . 720
to issue executions for all taxes, not previously

issued 697

to pay Robert Ball the sum expended for fire-
wood at lighthouse, 315

to pay Joseph Bane an additional sum for

service 354

to pay Henry Blodget for loss by Are, . . 78
to pay Agent Bollan balance of his account, . 360
to pay John Choate for horse lost in public

service, . = 336

820

IlSTDEX.

TREASURER, PROVINCE — continued.
to pay Ebenezer Leonard, jr., for billeting, . 240
to pay Rachel Morgan for loss by fire, . . 78
to pay Peter Rich a pension, .... 373
to pay Eleazar Rice for loss by Are, . . .117
to pay Josiah Sartle for billeting soldiers, . 241
to pay Othniel Taylor for horse killed in public

service 243

to pay Mark Terry for loss by fire, . • .78
to pay on account of loss of time, wounds, etc.,
while in public service :

John Aldrich 211

Joseph Averil 444

Joseph Badcock, 274

Joseph Bates, 232

WiUiam Blanchard, 281

Thomas Bolton, 235

William Bolton 344

Elisha Chapin, 336

Robert Cooper 228

Thomas Cresson, , • 339

John Davis, 281

Daniel Farmer, 213

Stephen Famsworth, 216

John Foot 246

Sarah Furbush for her husband Phineas Fur-
bush 271

Daniel Garfield, 122

William Germain, 206

Joseph Gould 275

Joseph Graves, 229

Samuel Graves 338

John Henderson, 231

Mary Hitchcock for her husband Nathan

Hitchcock, 268

Nathaniel Hix, 277

Capt. Humphrey Hobbs, 231

Mary Jones for her husband Thomas Jones, 203

Joel Johnson 210

Terrance Kane 276

Capt. John Lane, .... 88, 247, 311

Ebenezer Lewis 222

Benjamin Lovel 242

Phineas Lovet for Samuel Lovet, . . . 270

John McFarlin, 54

Daniel McKany, 246

Edward Manchester, 345

Thomas Mellen for John Crooks, . . . 232

Robert Moffat, 217

David Osgood for Benjamin Osgood, . . 281

Isaac Parker, 228

Mark Perkins, 230

Jacob Pike for John Edgehill, . . .203

Benjamin Poniroy, 374

Ephraim Powers 247

Daniel Sargent 335

Obadiah Sartle for Simon Sartle, . . .364

John Spafford, 217

Jonathan Stanhope, 115, 265

Job Stanwood 233

Henry Stevens, jr., 332

William Stevens, 205

Jabez Swett, . . ^ 228

Benjamin Symonds, 314

Alexander Tarrant, 275

Thomas Taylor, 204

William Thorn, 423

Nathaniel Walker, 345

David Warren, 224

Moses Washburn, 230

TREASURER, PROVIN CE — continued.

to pay account for subsisting soldiers :

to Mehetabel Bardwell 178

to John Shed, 177

to William Tarbell, 178

to pay account for support of Pigwacket

Indians, 279

to pay account for victualling French prisoners, 246

to pay billeting account of Capt. Eleazar Melvin, 72

to pay l)illeting accounts of Canada soldiers, 104, 133

to pay billeting money to inhabitants of Suffield, 133

to pay for bills of credit burned or destroyed, 17,

23, 69, 83, 201, 225, 243 &(:s,250, 275, 296, 333, 382

to pay certain sum :

for billeting soldiers to John Brewer, . 225,268

for support of Mohawk Indians settling in

this Province, 450

to commissioners, to Canada, for redemption

of captives, 301

to the committee for rebuilding the court

house 116, 134, 353

to John Green, for subsistence, . . . 233
to Ezra Merrick, for subsistence, . . . 233
to James Pierce, soldier in Louisburg expe-
dition, 228

to Amos Pratt for loss of son, . . . 114

to pay debts with money received from the

lottery 561

to pay deficiencies on muster-rolls :

to Japhet Chapin, 69

to Timothy Cheney 69

to Francis Cole, 69

to Simon Hadley 58

to John Keith, 69

to EU Morse, 69

to John Morse 58

to Ephraim Payson 58

to Jesse Pratt, 69

to pay Ensign Thomas Fletcher for expenses

when scouting, 230

to pay interest and premium allowed on gov-
ernment securities taken for lottery

tickets, 562

to pay interest punctually on funded notes and
register warrants drawn by the Gov-
ernor and Council, 690

to pay soldiers and mariners wages due on

muster-rolls, 125

to pay sums due :
for victualling company under Samuel Petti-
bone, 75

on muster-rolls fi-om the appropriation for

forts and garrisons, .... 601
soldiers on Capt. John Harman's muster-roll, 319
Josiah WiUard and Ebenezer Hinsdale, sub-
commissaries, 86

to pay town of Brookline a certain sum on

account of overcharged tax bill, . . 167
to pay victualling account of Maj. Seth Pomroy, 156
to pay wages due, etc. :
Joseph Adams to his widow Patience Adams, 145

Robert Adams, 202

Zaccheus Blodget to his family, . . • 224

Stephen Boynton 84, 312

Jonathan Bridgman for his heirs, . . • 375

John Chadburn, 57

Joshua Chadburn, 57

Henry Chandler to his father 224

George Clark to his heirs, .... 374
Ichabod Day, 181

Index.

821

TREASURER, PROVINCE — co?i<mMed.
to pay wages due, etc. — continued.

Nathan Eames to his father 83

John Eddy, jr., to John Eddy, . . .306

Benjamin Ellis 207

John Frost to his father 198

Samuel Goodman to his brother, . . . 332
Moses Hall and Daniel Barker, . . .48

Josiah Holbrook, 345

Thomas Jones to his widow Mary Jones, . 34
Silas Leonard to his father, .... 371
Hezekiah Lovejoy to his widow Hannah

Lovejoy 35

Jeremiah Man 181

Kobert Mofifat to his father 19

Eleazar Priest to his father, .... 339

Seth Putnam to his father 48

Joseph Richardson to his father, . . . 209
Daniel Smead and John Smead to their father, 39

Ebenezer Shuttleworth 181

John Stanning, 57

James Tyler 158

Nathaniel Webb 305

Samuel Wilson, 57

on muster-roll of Capt. Samuel Bancroft, . 68
several soldiers taken captive at Fort Massa-
chusetts, 35

son of Robert Benham 323

to prepare and take account of bills of credit

for burning 657

to receive Ijills of credit on certain notes in pay-
ment of all taxes 574

to receive bills of credit for outstanding

ta.xes r ■ G58, 696

to receive certain notes from the sheriffs, etc.,

for taxes . 563

to recover the money due the Province from
the executors of the late sheriff of Bris-
tol County 439

to remit certain sums to Agent BoUan, . 492, 541
to render an account of the state of the treas-
ury 572, 589

to reserve silver for the redemption of small

bills of credit, 531

to send a warrant to assessors of Dunstable for

amount of loan money due the Province, 714
to stay collection of excise in Woodstock, . 545
to sue delinquent farmers of excise, . . . 501
to suspend execution on collector of taxes in

Boston 549

TREATY,
with the Eastern Indians:
guard provided for commissioners on, . . 296
report of committee, relative to, . . . 510
with Indians of Six Nations at Albany, rela-
tive to, 547

TRUCE, FLAG OP.
to go to Canada for redemption of captives, . 23
committee to determine wages of master and

mariners to navigate, to Qiiebec, . . 33
to Quebec, expenses of, to be paid from appro-
priations for grants, . . . .56
to Quebec, vessel to be chartered or impressed

for use of commissioners, . . 29, 56

TRUCK-HOUSES AND BLOCK-
HOUSES.
at Brown's :

men to be posted at 108

East of Fort Massachusetts :

men to be posted at, 51, 168

at Morrison's :

men to be posted at, 108

at Saco River:
Capt. Thomas Bradbury, commander of:
allowance to, for building wharf, boat,

etc 119

Indian trade at. Commissary General to send

goods for, 322, 387

men to be posted at, 51, 109, 168, 264, 291, 334, 423
soldiers at, establishment of , . . . . 598
at St. George's River:
Jabez Bradbury, commander of:
accoxmt by, for repairs at, allowed, . . 110
Commissary General to supply, with goods
for the Indians, . . . . .391
armorer at, appointment of , . . . . 320

armorer at, establishment of 334

conference at, relative to complaints made

by Eastern Indians at, . . . . 674

increase of garrison at, 485

interpreter at, allowance to, . . . 420, 567
men to be posted at, 51, 109, 168, 264, 291, 334, 423
provisions to be forwarded to, for the In-
dians, 643

relative to conference at, 544

soldiers at, establishment of 598

truck-master at, late, allowance to, . . 131

on Western frontiers, provisions for, Commis-
sary General to purchase, . . .70
TRUCK-MASTERS,
at Fort Dummer :

Josiah Willard, credit allowed, . . .86
at St. George's River:

John Noyes, late, account allowed, . . 131
bonds of delinquent, Commissary General to

put in suit, 46

TRUSTEES,
of estate of Adam Smith, impowered to execute

deed of land mentioned, .... 681
of Hassanimisco or Grafton Indians:
relative to accounts of, 70, 146, 267, 412, 539, 640,

641 bis, 642 bis
of Pigwacket Indians :

account allowed, 190

of Puncapaug Indians :

account allowed, 87, 638

John Quincy, released from trusteeship, . 86
of £50,000 loan :
sale of mortgaged lands in Plymouth County

by, relative to, 513

of the second parish in Ipswich, relative to

confirmation of proceedings of, . 288, 409
TUSCARORAS INDIANS.

allowance for presents to, .... 597
TYNGS TOWN, Township of.
petition of proprietors of, for an equivalent

grant of land 519

822

Index.

UPPER ASHUELOT, Township of.

guard for men building fort at, . . . .21
UPTON, Town of.

proceedings at town-meetings in, declared null

and void 124

UXBBIDGE, Town of.
boimdary between, and District of Douglas, . 445
petition for certain j^ersons in, to be set back to

District of Douglas 466

VENDERS.

of tea, coffee, etc., order in regard to licensing, 556
VENIRES,
clerk of siiperior court impowered to send :
to towns in Middlesex County, . . .493
to towns in Suffolk County, . . . .111
VENUE.
cliange of, in a trial of title to land, relative

to, 55, 402, 411, 445

VESSELS. •
Boston Packet:
allowance to James Sawyer for boarding and
attending John Dunham, seaman, be-
longing to, 117

committee to sell 156

Flag of Truce, relative to, . . 23, 29, 32, 33, 56
Massachusetts Frigate, relative to, 31, 4.5, 127, 129,
160, 191, 209, 287, 354, 358, 429
pinnace to be purchased for Castle William, . 824
Province sloop :
establishment of wages on, . . . .21

pilot of, allowance to, 452

schooner Hopewell, hire of, and wages of men

on, allowance for, 278

sloop Diamond, allowance of money and arms

to pilot on 416

VESSELS — continued.
sloop Massachusetts, relative to, 149, 151, 431, 568, 598
sloop to be chartered for transportation of

whale-boats 43

to be prepared for hulks:

ship Boston Merchant 61

ship Duke of Cumberland, . . . .61

ship Mary 61

VIRGINIA.
government of, to be requested to contribute
towards expedition against Crown

Point, 65

VOLUNTEERS,
billeting, under Capt. Melvin, allowance for, . 276

bounty for 89, 143

bounty to oflBcers for enlisting, .... 109
at Fort Massachusetts, to be posted at, relative

to, . . • 89

at fort at Number Four, to be posted at, relative

to, 89

at fort at Number Four, provisions for, . . 21
VOTERS.

legal, in town-meetings 499

VOYAGE.
extension of time for performing, of the Massa-
chusetts Frigate 429

WALPOLE, Town of.
certain inhabitants of Stoughton, with their
estates, to be annexed to, relative

to, 530, 649, 701

WAREHAM, Town of.
assessors of, impowered to make a new assess-
ment, 421

town-meeting to be called at, .... 542
WARE RIVER PARISH.

boundary of, established 421

collector of taxes in, execution against, to be

delayed 665

meeting to be called at 421

meeting for the purpose of choosing new col-
lectors of taxes, to be called at, . . 666
WARRANTS.
assessments to be made in conformity with the,

of the treasurer, 316

for apiirehension of Benjamin and Richard

IIoll)rook, 330

WARREN HALL.

. to be the name of the new court hOHse, . . 499
WASTE,
strip or, on lands of John Thayer and others,

forbidden, 425

strip or, on lands of Capt. John Wendell, for-
bidden, .... 423,424,528,604

WAYS,
petition of Jeremiah Eaton, in regard to a pri-
vate way 387, 413

WEIGHER.

of hay, in Boston, appointment of, . . . 112
WELLS, Town of.

men to Vie posted at 109

part of, Kennebunk, erected into a pre-
cinct, 417

WESTBOROUGH, Town of.
First precinct in, proceedings of meetings in,

confirmed, 650

Second precinct in, proceedings of certain

meeting in, superseded and set aside, . 390
WESTERN" FRONTIERS.
allowance on account of loss of time, wounds,
etc., while in service on:

to Henry Blodget 149

to .Joseph Gould 275

to Ebenezer Lewis 222

arms for soldiers on, to be repaired, . . . 152
billeting soldiers on, account of John Frost

allowed for, 151

bounty allowed soldiers on, for Indian prisoners

and scalps, 89

bounty for men enlisting for service on, estab-
lished 89,143

Index.

823

WESTERN FRONTIERS — cojiWwMed.
enlistment or impressment of men to serve

on 152,276

establishment of forces on, relative to, 19, 50, 108,
167, 264, 334, 423, 598
establishment of rates for billeting soldiers on, 323
Capt. Eleazar Melvin and company on, allow-
ance for services of, .... 170
memorial of Col. Josiah Willard in regard to

settling billeting accounts on, order on, 282

men to be posted on 21

payment of Canada forces on, relative to, 30, 74
physician on, account allowed, .... 116
provisions for blockhouses on, Commissary

General to purchase 70

scouts to be employed on, relative to, 67, 108, 276
under-commissaries on :
Ebenezer Hinsdale, allowance to, . . . 86
Josiah Willard, allowance to, . . . .86
Col. Josiah Willard, commission allowed on

accounts of 349

volunteers to be posted on, 89

wages due soldiers on, allowed:

Josiah Holbrook 346

Nathaniel Webb 305

WESTERN, Town of.
Ijoundary line between Brinifleld and, estab-

hshed, 662

WESTPIBLD, Town of.
billeting Canada soldiers at, allowance for, . 105

town-meeting to be called at 508

WEYMOUTH, Town of.
assessors of, relative to taxation of Bumpkin

Island by, 699

WHALE-BOATS.

transportation of, sloop to be chartered for, . 43
WILDER'S.

men to be posted at, 21

WINES,
excise on, and spirits sold at retail, construction

of the act in regard to 427

Wise ASSET, Town of.

ammunition for 434

men to be posted at, 109

337

545

178
651

WOBURN, Town of.
Third parish in, certain persons, with their

estates, to be accounted part of, . . 312
WOOD.

firewood, allowance for, 105, 217, 315, 481, 605, 692
WOODSTOCK, Town of.
commissioners of this government to meet with
commissioners of Connecticut concern-
ing jurisdiction of, and certain other
towns, appointment of, .
Province Treasurer to stay collection of excise

in,

relative to complaints of, and Enfield, Suf-
fleld and Somers, concerning jurisdic-
tion,

WORCESTER COUNTY,
farmer of excise in :
Duncan Campbell, appointment of,
John Chandler, jr., appointment of,
Ezra Tayloi', appointment of, .
committee to choose, . . . 162, 552, 635

petition of, in regard to collection of excise

in Woodstock, Conn., .... 545
justices of court of general sessions in, im-

powered to grant a license, . 307, 510, 577
justices of inferior court in, impowered to hear

and try a cause 643

Province lands in, relative to sale of, 642, 644, 688 bis
Treasurer of, account allowed, 9, 143, 268, 412, 539,

.639
WORCESTER, Town of.

impowered to sell the ministerial land, . . 10
WRENTHAM, Town of.
county tax in, petition of inhabitants of, in

regard to 297

petition of certain inhabitants of, and of Med-
way, HoUiston and Bellingham to be
erected into a precinct, . . . .159
petition of, in regard to land belonging to

Thomas Dead, 16

tax of certain families taken from Medway to

be added to 128

YARMOUTH, Town of.
constable in. Province Treasurer to discount a
certain sum from tax bill in favor of, .
Indians in, guardians of, appointment of,
YORK COUNTY,
certain persons arrested in, on suspicion of
having committed murder in Maryland,
-to be returned there, ....
certain prisoners in jail in, on suspicion of
murder of Indians, to be removed to
Middlesex County jail, . . . 426
farmers of excise in :
committee to choose, . . . 162, 553,

Jeremiah Moulton, jr., appointment of, .
Capt. Jeremiah Moulton, appointment of,
forces posted in, etc., pay roll of, allowed,
fort at Falmouth in, allowance to engineer for

projecting and building

grant of land in, to .lohn Dennis,

jail in, relative to guard for, . . 318, 388,

judge of probate for, impowered to receive

additional account of Nathaniel Ger-

rish, jr

511
39

636
652
653
380

498
679
396

YORK COUNTY — contimted.

justices of the court of general sessions ii%

impowered to grant a license, . 33, 667

justices of superior court in, impowered to

hear and try a cause 36J

measures to be taken for the care and relief of

certain Indians in, 317

men to be raised in, for defence of frontiers, . 434

militia of Falmouth in, to be ordered to assist
officer charged with execution of a war-
rant for apprehension of Benjamin and
Eichard Holbrook, 330

petition for jury from another county to try

case in, 648

prisoners in jail in, charged with murder of
Indians, report of committee regarding
trial of, 426,432

sheriff of, petition of, for leave to bring a writ

of scire facias, . . . • • • 499

special court of assize held in :
allowance to justices for attendance at, . . 491
allowance to Samuel Winthrop, clerk of the

superior court for attendance at. , . 495

824

Index.

YORK COTJNTY — contimted.

special court to be held in, for trial of persons

suspected of murder of Indians, . . 317

superior court in, Zachariah Bracket, of
Ipswich, authorized to defend title to
land at 265

Treasurer of, account allowed, 26, 270, 427, 545, 640 I

YORK, Town of.

men to be posted at 109

special court of assize held at, allowance to

justices, 491

special court held at, allowance to Samuel Win-

throp, clerk of the superior court, for

attendance at,

495

£_

[Ajya-

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