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

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I 



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. 



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<JAN 8 1923 
STATE HOUSE, BOSTON 



[VVViX-*-^ 



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O-Av^ O-V 



(-TLA oJIju * 



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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. 



m 



8 



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. 



10 



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." 



12 



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. 



u 



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 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'"-'*''' 



16 



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. 



18 



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 



20 



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. 



24 



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. 



26 



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. 



28 



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. 



30 



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. 



32 



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. 



34 



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. 



36 



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. 



38 



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. 



40 



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. 



42 



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 — . 



44 



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. 



46 



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. 



50 



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. 



52 



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. 



56 



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. 



5S 



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." 



60 



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." 



70 



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- 



72 



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. 



74 



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. 



76 



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 



78 



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.' 



82 



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 



84 



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. 



86 



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 



88 



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. 



90 



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. 



92 



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. 



94 



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. 



98 



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 


2 


@6/3 . 


. 74. 7. 


245 


2 


7/6 . 


91. 19. 


248 





7/6 . 


93. 5. 


124 


2 


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 

@y 



557. 12. 10 

171. 2. 

I. 4. 

6. 2. U 

25. 4. 9" 

16. 10. 7i 



3,857 


6 


@7/ 






88 


2 


7/ 






107 


5 


7/6 






1 


5 


7/6 







302. 10. 



1,3.50. 5. 

30. 18. 

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. 

Jonathan Sheldon 0. 2. 6 

Samuel Beldin 1. 3. 

John Stebbins 1. 0. 

Samuel Shattuck 0. 2. 

Thomas Wells Esq'' 0. 3. 

Joseph Smeed ......... 0. 10. 6 

Daniel Anns Jun'' ........ 0. 4. 

John Hawks 0. 2. 6 

Samuel Childs 0. 1. 

Daniel Arms ......... 0. 0. 6 

Jeremiah Nims . . . . . . . . 0. 3. 

David Childs 0. 5. 6 

Samuel Bardwell 0. 2. 

Jonathan Hoit 0. 7. 

Asa Childs 0. 1. 

Joseph Clesson ......... 0. 6. 6 

Mary Amsdell 0. 0. 6 

John Catlin 0. 7. 6 

Samuel Bardwell Jun' 0. 4. 

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. 15. 
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. 



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. 



1 



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. 



U6 



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. 



OF 



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 
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. 



15 



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," 



2U 



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- 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 % ^ 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. 



su 



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 



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 x viu., 50 4. 

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. 15. 
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 Leg