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

v 



THE 



ACTS AND RESOLYES, 

PUBLIC AND PRIVATE, 



Province of the Massachusetts Bat: 



TO "WHICH ARE PREFIXED 



THE CHiETERS OJ THE PROVINCE. 



HISTORICAL AND FXPT^NATOfir ^"OtEsi^lNP'A^N^: APPENDIX. 



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



Volume X Y. , 

BEING VOLUME X. OF THE APPENDIX. 

containing 

RESOLVES, ETC., 1753-1756. 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Squake. 

1908. 



c;. 



T. TE imm Iff liASSACHUSEt 
fj( "J7 1908 



RESOLVES, ORDERS, VOTES, 



Pa5sed^^^i.753-54. 



[11 



LEGISLATIVE LIST' 



I753-54' 



The Honorable SPENCER PHIPS, Esq., Lieut. Governor, [imtil 

August 7, 1753'], 
Captain-General and Governor-in-chief, etc. 

His Excellency WILLIAM SHIRLEY, 

Captain-General and Governor-in-chief, [/row Aiigust 7, 175S']. 
JOSIAH WILLARD, Esq., 

SECRETARY or the PROVINCE. 



COUNCILLORS OR ASSISTANTS. 



Of the InJiahitants of or Proprietors of Lands within the Territory formerly 
called the Colony of the 3fassachn setts Bay ; 

John Quincy 
John Chandler 
Ezekiel Chever 



John Osborne 
Francis Foxcroft 
JosiAH Willard 
Jacob Wendell 
Benjamin Lynde 
Daniel Russell 
Samuel Danforth 
John Greenleaf 
Samuel Watts 



Andrew Oliver 
'EsQRS. Joseph Pynchon 

Thomas Hutchinson 
Stephen Sewall 
Isaac Royall 
Eleazer Porter 



•ESQRS. 



Of the InhaUtants of or Proprietors of Lands within the Territory for7nerly 
called the Colony of Neio Plymouth ; 

John Gushing Wsnp.? Sylvanus Bourn )■ 



ESQRS. 



ESQRS. 



George Leonard ^->^^h^^- John Otis ) 

Of the Inhabitatits of or Proprietors of Lands within the Territory formerly 
called the Province of Main ; 

Sir William Pepperel, Baronet, John Hill & Jabez Fox, Esqrs. 

> See Legislative Records of the Council, xx., 31-34. 
[3] 



4 Province Laws (i?eso?yes, ete.). — 1753-54. [Representatives.] 

Of the Inhabitants of or Proprietors of Lands toithin the Territory lying 
between the River of Sagadahoch S Nova Scotia ; 

John Wheelwright, Esq. 

For the Province, at large : — 

James Minot & Benjamin Lincoln, Esqrs. 



REPEESENTATIVES OE DEPUTIES. 

May 30, 1753 to April 23, 1754. 

Mr. THOMAS HUBBARD, Speaker. 



County of Suffolk. 

Boston, . . . Samuel Welles, Esq., 
James Allen, Esq., 
Thomas Hubbard, Esq., 
Mr. James Bowdoin. 

Roxbury, . . Capt. Joseph Williams. 

Dorchester, . . Robert Sjjur, Esq . 

Milton, . . . Mr. Joseph Bent. 

Braintree, . . Mr. Samuel Niles, Jr. 

Weymouth, . . Capt. Thomas Pratt. 

Hingham, . . Mr. Jacob Cushing. 

Declham, . . Joseph Richards, Esq. 

Medjield, . . Mr. Peter Coolidge. 

Wre^itham, . . Mr. John Goldsbury. 

Stoughton, . . Mr. Joseph Hewing, Jr. 

Necdham, . . Mr. William Bowdoin. 

Chelsea, . . Nathaniel Oliver, Jr., Esq. 

Medway, . . Mr. Jonathan Adams, Jr. 

County of Essex. 

Salem, . . . Henry Gibbs, Esq. 

Ipswich, . . Francis Cogswell, Esq. 

Newbury, . . Mr. Benjamin Greenleaf , 

Joseph Gerrish, Esq. 

Lynn, . . . Capt. Benjamin Newhall. 

Marblehead, . John Tasker, Esq. 

Andover, . . Capt. Joseph Fry. 

Beverly, . . Capt. Henry Herrick. 

Roioley, . . . Mr. Thomas Lancaster. 

Salisbury, . . Mr. Abraham Morrill. 

Olocester, . . Mr. William Stevens. 

Amesbury, . . Mr. Isaac Merrill. 

Bradford, . . Capt. Benjamin Millikin. 

Boxford, . . Mr. John Forster. 

Topsfeld, . . Mr. Elijah Porter. 

Haverhill, . . Nathaniel Peaslee, Esq. 



County of Middlesex. 
Cambridge, . Mr. William Fletcher, 

David Phips, Esq. 
Charlestown, . Mr. James Russell. 
Watertown, . Mr. John Hunt. 
Concord, . . Mr. Ephraim Jones. 
Wobourii, . . Mr. Edward Walker. 
Reading, . . Ebenezer Nicholls, Esq. 
Newton, . . Henry Gibbs, Esq. 
Sudbury, . . Mr. John Noyes. 
Marlborough, . Mr. Samuel Whitt. 
Orolon, . . . William Lawrence, Esq. 
Billerica, . . Capt. Enoch Kidder. 
Frayyiingham, . Joseph Buckminster, Esq. 
Lexington, . . Capt. Benjamin Read. 
Chelmsford, . Capt. Ej)hraim Spaulding. 
Sherburne, . . Isaac Coolidge, Esq. 
Maiden, . . . Joses Bucknam, Esq. 
Weston, . . . Mr. Elisha Jones. 
Waltham, . . Samuel Livermore, Esq. 
Medford, . . Mr. Stephen Hall. 
Littleton, . . Mr. Nathaniel Russell. 
Eolliston, . . Mr. Ebenezer Littlefield. 

County of Hampshire. 



Springfield, 

Northampton, 

Hadley, . 

Hatfield, 

Deerfield, 

Westfield, 

Brimfield, 

Sheffield, 



. John Worthington, Esq. 
. Mr. Gideon Lyman. 
. Eleazer Porter, Esq. 
. Oliver Patridge, Esq. 
. Elijah Williams, Esq. 
. David Moosley, Esq. 
. John Sherman, Esq. 
. John Ashley, Esq. 



County of Worcester. 
Worcester, . . John Chandler, Jr., Esq. 
Lancaster, . .Joseph Wilder, Jr., Esq. 



[Representatives.] Province Laws (^Resolves, etc.). — 1753-54. 



County of Worcester — Concluded. 



Brookficld, . 
Leicester, . 
Rutland, 
Lunenburgh, 
Shrewsbury , 
Oxford, . 

Sutt07l, . 

Southborough, 
Harvard, . 
Bolton, . 
Stur bridge, 
Uxbridge, . 
Meiidon, 



. Capt. William Ayres. 
. Thomas Steel, Esq. 
. Mr. John Murray. 
. Mr. William Downe. 
. Mr. Phineas Haywood. 
. Mr. Duncan Campbell. 
. Mr. Daniel Greemvod. 

Capt. Timothy Bridgham. 
. Capt. John Whitney. 
. Mr. John Whetcomb. 
. Capt. Moses Marcy. 
. Mr. Josiah Taft. 
. Capt. Nathan Tyler. 



County of Plymouth. 

Sciluate, . . Mr. Ensign Otis. 
Duxbury, . . Gamaliel Bradford, Esq. 
Marshjield, . . John Winslow, Esq. 
Bridgwater, . Capt. Josiah Edson. 
Pembrook, . . Mr. Israel Turner. 
Plymiyton, . . Mr. Israel Bonny. 
Middleborough, Capt. Nathaniel Smith. 
Ha7iover, . . David Stockbridge, Esq. 
Abingtofi, . . Mr. Jacob Porter. 



County of Barnstable. 
Barnstable, . . James Otis, Esq. 
Sandwich, . . Roland Cotton, Esq. 
Eastham, . . John Freeman, Esq. 

County of Bristol. 

Taunton, . . Samuel White, Esq., 
Capt. Thomas Cobb. 



Rehoboth, 


. Mr. Israel Nicholls. 


Dartmouth, . 


. Capt. Nathaniel Sole. 


Dighton, 


. Ezra Richmond, Esq. 


Attleborough, 


. Mr. Benjamin Day. 


Swanzey, 


. Mr. William Slade. 


County of York. 


York, . 


. Mr. Jolm Bradbury. 


Eittery, . 


. Nathaniel Sparhawk, Esq 


Berwick, . 


. Mr. William Gerrish. 


Wells, 


. Mr. Nathaniel Wells. 


Falmouth, 


. Jedediah Prebble, Esq. 


Scarborough, 


. Edward Milliken, Esq. 



In the County of Nantucket. 

Sherburne, . . Mr. Abishai Folger. 



Kingston, 



Mr. Benjamin Sampson. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Thirtieth Day of May, A.D. 1753. 



CHAPTEE 1. 

ORDER FOR A TOWN MEETING IN BERKLEY. 

A Petition of the Select Men of the Town of Berkley in the Legislative 
County of Bristol shewing that the Inhabitants of the said Town Snctf.xi^f^ 
in their last March Meetino; by their Mistakes & Mismanafirements 36. Mass. 
miss'd the Benefit of making a Regular Choice of Town Officers cxvi., 377' 
for this present Year, Praying that this Court would grant them Mass. 
a further Meeting for the Election of their Town Officers. ^xyLlrci'. 

[Read &1 House Jour- 

Ordered that M^ Abel Burt & M^ Georg[e] * Caswell Two of the °^'' pi'- "' i^- 
Select men of the Town of Berkley for the year 1752. be and they 
are hereby Directed & impowered to issue their Warrant to the Con- 
stable of Said Town for the year 1752. to Call a meeting as soon as 
may be to make Choice of the Several Town officers for the year 
Current which Should have been Chose in the month of March Last, 
and the Said Town Officers when Chosen shall be as much obliged 
(to all intents & purposes) to Serve in the said Offices to which they 
shall be respectively Chosen as tho they had been Chosen in March 
Last. [Passed June 5. 



CHAPTEE 2. 

ORDER DECLARING AN EXECUTION AGAINST EPHRAIM GATES NULL 
& VOID AND DIRECTING THE ISSUANCE OF A NEW EXECUTION. 

On THE Petition of Ephraim Gates, [Province Laws, xiv., 706, ^If^rds^of the 

chap. 187] Council, XX., 

In Council. The foregoing Petition was read, together with the ArcMves,' 
Answer of Josiah Gibbs, and it appearing to this Board that the xiiii-, 662. 
Respondent has conceeded that he has receiv'd to the amount of Mass. 
Eight Pounds five Shillings & four Pence of the Sum mentioned in xiiii., 652^664. 
the Execution, and that there is a Mistake in Computing the said na^i^P^. le!™^' 
Debt (as set forth by the Petitioner) Amounting to £5.12 which Province ^^ 
several Sunims, (with one Shillings & four Pence for the Execu- ciiap.'isv.'*' * 
tion) being deducted out of the Sums mentioned in y® Judgment 
of Court there remains due the Sum of Sixty nine Pounds eleven 
Shillings only including the Costs : "Wherefore 

Ordered that the Execution aforesaid be, & the same is hereby 

» MS. mutilated. 
[7] 



8 



Province Laws ( Resolves ,etc.). — 175 3-5 4 . [ Chap . 3 . ] 



superseded & declared Void; and the Clerk of the Seperiour Court 
is hereby authorized & Directed to issue Execution for the Sum of 
Sixty nine Pounds eleven Shillings only in Discharge of the Debt 
mentioned, and of the Costs. 
In the House of Rep"^^ 
Eead and Concur d. [Passed June 6. 



CHAPTER 3. 



Legislative 
Records of the 
Council, XX., 
37^ 

Mass. 

Archives, xva., 
222. Legisla- 
tive Records of 
the Council, 
xix., 62, 192. 
House Jour- 
nal, pp. 11, 16, 
17. Province 
Laws, iii., 559, 
note; xiv., 353, 
chap. 223. 



ORDER GRANTING A TOWNSHIP TO GERMAN PROTEST^'ts. 

A Memorial of Jacob Hatterick & others German Protestants, 
shewing that by Encouragement offered by this Government, they 
have been induced to transport themselves & Families into this 
Province to settle upon such Lands as shall be allotted to them. 
Praying for the Direction of this Government; and that they may 
be allowed to settle in the Western, Parts of the Province. 

In the House of Representatives ; Read & it appearing that in the 
Year 1749. this Court granted Four Townships in order to encourage 
Foreign Protestants to come & settle in this Government, and granted 
a Farm of Land in each of said Townships to M^ Joseph Crellius, in 
Case he caused to be settled in each of said Townships One hundred 
& twenty Families by the Time limitted in said Grants; But it ap- 
pearing also that the said M"" Crellius has failed of bringing forward 
said Settlements ; and that the Poor Petitioners are left without any 
Aid, Therefore 

Voted that Col° Patridge & Col° Worthington with such as the 
Hon''^^ Board shall join be a Committee to lay out Thirty one House 
Lots not exceeding ten Acres each contiguous to each other in the 
German Township so called at Fort Massachusetts ; and also so much 
of the Intervail Lands in said Township to each of said House Lots 
as shall make up an 123'''^ part thereof, considered with relation to 
Quantity & Quality; and that the Petitioners have Liberty to settle 
upon & improve said Lands, agreeable to the original Grant of the 
Court, and further that said Committee lay out in said Township, 
Forty eight House Lots more, not exceeding Ten Acres each, one 
for the first Protestant Minister, one for the Ministry & one for the 
School, and also to divide the remainder of the Intervail Lands, into 
forty eight equal Shares or Rights considered as aforesaid with Rela- 
tion to Quantity & Quality ; One of which shall be for the first settled 
Minister, and one for the Ministry & one for the School : And 

in as much as the Petitioners have signified their Desires that some 
English Families may be admitted as Settlers with them, on the same 
Lands; that Therefore the said Committee admitt Forty five Settlers 
in addition to the Petitioners, each of which Forty five Settlers shall 
pay to the Said Committee for the Use of the Government, the Sum 
of Six Pounds thirteen shillings & four pence & give Bond in the 
Sum of Fifty Pounds to said Committee to perform the like Condi- 
tions of Settlement from this Time forward as were enjoined in the 
Original Grant of the Township ; and that in all After Divisions of 
Land in the said Town the Petitioners shall each of them have an 
123''' part thereof; And the Remainder of the Township shall be 
divided to and among the other admitted Settlers with the publick 
Rights aforementioned, each an equal Part; And that the Origi- 
nal Grant made in said Township to M"" Joseph Crellius is hereby 



[1st Sess.] Province Laws {Resolves, etc.). — 173-554. 

declared Void, & forfieted to the Government he not having com- 
plied with the Conditions thereof the aforesaid Committee to be 
accountable. 

In Council; Read & Concur'd; And John Chandler Esq"" is joined 
in the Affair. [Passed Ju?ie 7.^ 



CHAPTEE 4. 

ORDER ALLOWING THE ACCOMPT OF THE TREAS« OF YORK COUNTY. 

An Accompt presented by Jeremiah Moulton Esq'' Treasurer of Rgfords'of the 
the County of York for the Year 1752, Having been by him laid council, xx., 
before the Court of General Sessions of the Peace for the said ArcMv\^8^," 
County, & by them allowed, ccxMii-.'ss. 

Read and Archives 

Ordered that the within Ace* be allowed and the Ballance thereof ccxiYiii.,'55. 
being One pound seventeen shill^" and seven pence The Said Treas- naTpp^MS- 
urer is further Accountable to said County for. [Passed J^ine 7. 



CHAPTER 5. 

ORDER ALLOWING THE ACCO"^ OF THE TREAS^ OF WORCESTER COUNTY. 

An Accompt presented by M"" Daniel Haywood, Treasurer of the Legislative 
County of Worcester for the Year 1752, Having been by him pre- counctxx?^ 
sented to the Court of General Sessions of the Peace for the said *p. Mass. 

A.rcliivGS 

County, & by them allowed. ccxiviii., 57. 

Read and it appearing that the Payments by the within named House Jour- 
Treasurer made including his own Commissions amount to Ninety iiai,pp.8,20. 
one pounds thirteen Shillings and one penny Which with the Sum 
of £6.13.5'^ outstanding of the Town of Woodstock's Tax for the 
Year 1752 Ballances the within Ace* Which Sum of £6.13.5"^ the 
Said Treasurer is further accountable to said County for, as also 
for the Sum of £21.19.4 new tenor Bills out standing of of ^ said 
Town of Woodstock's Taxes for the Years 1748 and 1749. As also 
the sum of £3.15.8*^ lawful money laid on said Tow[n] ' in 1750 and 
£6.13.5'^ in the Year 1751 each and every of which Sum and Sums 
laid on the said Town of Woodstock as aforesaid the said Treasurer 
is to be further accountable for as He shall recieve the Same. [Passed 
June 7. 



CHAPTER 6. 

ORDER ALLOWING THE ACCOr OF THE TREASURER OF MIDDLESEX 

COUNTY. 

An Accompt presented by Daniel Russell Esq' Treasurer of the Legislative 
County of Middlesex for the Year 1752, having been by him pre- c^Sxx? 

40^ 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is June 6. 

2 Sic. 

3 MS. mutilated. 



10 



Province Laws {Resolves^ etc.). — 1753-54. [Chaps. 7, 8.] 



House Jour. 
nal,pp.8,22. 



sented to the Court of General Sessions of the Peace for the said 
County & by them allowed. 

Bead & 

Ordered that the within Acco* be allowed ; and that the Ballance 
thereof, being Eighty four Pounds nine shillings & seven pence the 
said Treasurer is further accountable for. \_Passed June 7. 



CHAPTER 7. 



Legislative 
Records of the 
Council, XX., 
20. Mass. 
Archives, . 
cxvi., 345. 

Mass. 
Archives, 
cxvi., 341-345. 
Legislative 
Records of the 
Council, XX., 
40. House 
Journal, p. 21. 



ORDER SETTING OFF DIVERS FAMILIES AND THEIR ESTATES FROM 
GROTON TO DUNSTABLE AND DIRECTING THE PAYMENT OF TAXES. 

A Petition of Ebenezer Sherwin & others a Committee for the 
Inhabitants of Dunstable within this Province, setting forth the 
State of their Case in relation to that part of Groton, contiguous 
to Dunstable, which is commonly cabled Joint Grass; and Praying 
that the same may be annexed to »& incorporated with the Inhab*^ 
of Dunstable; 

Eead together with the Answer of the Inhabitants of that part of 
Groton commonly called Joint Grass And Likewise William Lawa- 
rance Esq"" being heard in behalf of the Town of Groton and the 
Matter being fully Considered 

Ordered that the Prayer of the Petition be so far Granted as that- 
Joseph Fletcher, Joseph Spaulding, Samuel Comings, Benjamin Rob- 
bens, Timothy Read, John Swallow, Joseph Parkhurst & Ebenezer 
Parkhurst Jun"" with their Families and Estates and other Land Peti- 
tioned for be set off, from the Town of Groton and Annexed to the 
Town of Dunstable agreeable to the Vote of the Town of Groton 
on the eighteenth of May 1747 to receive Priviledge and do Duty 
there Provided that Timothy Read Constable for the Town of Groton 
and Collector of the first Parish in said Town the last Year and Joseph 
Fletcher Constable for the said Town this present Year finish their 
Collection of the Taxes Committed or to be Committed to them re- 
spectively And also that the said Inhabitants pay their Proportion 
of the Taxes that are already due or shall be due to the said Town 
of Groton for the present Year for which they may be taxed by the 
Assessors of Groton as tho this Order had not past Provided 

also that the Meeting House for the Publick Worship of God in 
Dunstable be Erected agreeable to the Vote of Dunstable relating 
thereto in May AD 1753. [^Passed June 7. 



CHAPTEE 8. 



Legislative 
Records of the 
Council, XX., 
41. Mass. 
Archives, 
Ixxiv., 102. 

Mass. 
Archives, 
Ixxiv., 101. 



ORDER PLACING CAPT. JN*^ LANE AS A SUPERNUMERARY AT THE 
BLOCK HOUSE ON SACO RIVER. 

A Petition of Capt John Lane of York setting forth his great 
Sufferings by Wounds received at the Seige of Louisbourg, and a 
long languishing Illness following thereupon, by which he is dis- 
abled from making any Provision for the Support of himself &, 
Family, Praying tlie Compassionate Consideration of this Court 
for his Relief, as they shall in their Wisdom judge most proper. 



[1st Sess.] Province Laws {Resolves, etc.). — 1753-54. 11 

Ordered that the Pef be placed as a Supernumerary at the Block 
House on Saco river on private Centinel's pay and subsistance (if 
the Commander in Chief sees cause) till otherways provided for. 
\^Passed June 7. 



CHAPTER 9. 

ORDER IMPOWERING EPHR=« SARTWELL, GUARDIAN, TO SELL REAL 

ESTATE. 

A Petition of Ephraim Sartwell Guardian of Nathan Farns- Legislative 
worth of Groton a Person Non Comi^os, shewing that the income counclf xx^^'^^ 
of his Estate is not sufficient for his Support. Praying for Liberty *i- ^Ma'ss. 

A.rciiiv€fs 

to sell his real Estate, consisting of one End of an old dwelling xviii., 950. 
House & about nine Acres of Land, Mass • 

Read and xvmS. 

Ordered that the Prayer of this Pef^ be so far granted as that the House Jour- 
within named Ephraim in his Capacity be and hereby is Impowered province^' ^ ' 
to make Sale of the real Estate herein mentioned for the most the ^ifap^io'' ^^■^' 
same will fetch and to Execute in due form of Law a good Deed or 
Deeds of the Same He observing the directions of the Law respect- 
ing the sale of real Estates. x\nd out of the proceeds of said Sale 
to pay the Just Debts now due from the within named Nathan And 
that the overpluss arising by said Sale (if any there be) to be applyed 
for the support of the said Nathan. And that the said Ephraim 
give Caution to the Judge of Probate for the County of Middlesex, 
that the same shall be applyed accordingly, and that the remainder 
of said Estate (if any there be) after the Death of the said Nathan 
shall be divided among the Lawful Heirs of the said Nathan agre- 
able to Law. \_Passed June 7. 



CHAPTEE 10. 

ORDER SETTING OFF THEODORE MAN AND HIS ESTATE FROM THE 
TOWN OF STOUGHTON TO WALPOLE. 

A Petition of Theodore Man of Stoughton, setting forth his Legislative 
great Distance from the Place of publick "Worship in said Town, councif,xx*f3. 
& the badness of the Way to it, Praying that he, his Estate & Mass. 
Family may be sett ofE & annexed to Walpole, cxvi., 348'. 

Read & it appearing that the Town of Stoughton has been duly Mass. 
Served with a Copy of this Petition and that they Voted no Answer ^^^'^j^l'^stl'. 
should be given thereto : Therefore Legislative 

• Rpporcis of 1116 

Ordered that the Prayer of the Petition be granted, and the Peti- council, xx., 
tioner with His Estate is hereby sett off from the Town of Stough- jour^°/^^p. 131 
ton and annexed to the Town of Walpole, there to do Duty and- (March,' 1753); 
enjoy Priviledge Provided the Pef first pay his proportion of all ^^' ' ' 
Taxes that are already laid upon Said Town of Stoughton. [^Passed 
June 8. 



12 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 11-13.] 



CHAPTER 11. 



Legislative 
Records of the 
Council, XX., 
45. Miiss. 
Archives, cv., 
426. 

Mass. 

Archives, cv., 
425. House 
Journal, pp.21, 
27. 



ORDER DISCHARGING EZRA HARWOOD FROM GOAL. 

A Petition of Ezra Harwood of Danvers in the County of Essex, 
shewing that he became bound over to the Court of General Sessions 
of the Peace for said County, to answer a Charge of being the Father 
of a Bastard Child, begotten on the Body of one Desire Very of said 
Place, that his Bonds were put in Suit & declared forfieted & he Im- 
prisoned; Butforas much as he has satisfied the said Desire & indem- 
nified the District of Danvers from the Maintenance of the said Child, 
Praying that he may be discharged from the Penalty of his Bond, 

Eead and 

Ordered that the Prayer of the Pet° be granted and that the Pef 
be discharged from the Goal in Salem, He first paying Court Charges, 
and the Officers and Prison Fees. \^Passed June 8. 



CHAPTER 12 



Legislative 
Records of the 
Council, XX., 
45. Mass. 
Archives, 
xviii., 963. 

Mass. 
Archives, 
xviii., 961. 
House Jour- 
nal, pp. 22, 27. 



ORDER IMPOWERING NATH^ OSGOOD & ELIPHALET PARKER TO RE- 
CEIVE AND PASS DEEDS. 

A Petition of Nathaniel Osgood of Salem & Eliphalet Parker 
of Boston, in behalf of the Heirs of John Buttolph of Boston 
Glover dec*^ Praying that they may be impowered to make an 
Agreement with the Proprietors of Lancaster New Grant, with 
respect to a Parcell of Land, containing about One hundred & 
four Acres, purchased by the said John Buttolph of one John 
Adams, 

[Read and] 

Voted that the Prayer of this Pe*"^ be granted, and that the Pet"s 
be impowered to recieve and pass proper Deeds for the purposes 
within mentioned accordingly. {Passed June 8. 



CHAPTER 13 



Legislative 
Records of the 
Council, XX., 
45. Mass. 
Archives, 
xxxii., 358. 

Mass. 
Archives, 
xxxll.,357. 
House Jour- 
nal, pp. 15, 16, 
27. Province 
Laws, xlv.,39, 
note. 



ORDER ALLOWING THE ACCO^ OF THE TRUSTEES OF HASANIMISCO 

INDIANS. 

An Accompt presented by John Chandler & Edward Baker Esq" 
Trustees for Hassanimisco Indians, of Receipts & Disbursments for 
the said Indians, from June 1752, to May 1753, 

Read and 

Ordered that the within Acc*^ be allowed. And that the Ball^ 
thereof being one pound fifteen shillings and Nine pence three 
farthings due to the Indians the within named Trustees are further 
accountable for. \Passed June 8. 



[1st Sess.] Province Laws {Resolves, etc.). — 1753-54. 13 



CHAPTER 14. 

ORDER IMPOWERING THE GUARDIANS OF ISAAC BARKER TO SELL 

REAL ESTATE. 

A Petition of Elisabeth Barker Wife of Isaac Barker of Pern- Legislative 
broke (a Person Non Compos) with others, Children of the said councif.xx!'^^ 
Isaac Barker; shewing that there is no Prospect of his Return to is. Mass. 
the exercise of his Reason, and therefore praying that his Estate xviii., 958. 
may be settled npon his Wife & Children as the Law directs respect- Mass. 
ing Persons deceased, Intestate, His Comfortable Support to be pro- xviii%^5^2'-960 
vided for out of his Estate. Legislative 

T> 1 1 Records of the 

Read and Council, xx., 

Ordered that this Pet° be Revived And that the Guardians of the S^ouraa^*^ 
said Isaac Barker make Sale of so Much of said Isaacs Real Estate pp. 149, 150 
as may be Sufficient for the Payment of his just Debts, as they shall p^34"pro^ince 
be Examined and allowed by the Judge of Probate for the County cifaTio''^^' 
of Plymouth and they are hereby fully Authorized and impowered 
to give a good and Sufficient Deed or Deeds for the Same, first giv- 
ing publick Notice, agreeable to the Laws of this Province relating 
to the sale of Lands; And the remainder of the Real Estate, the 
Judge of Probate of Wills &c within said County of Plimouth is 
hereby authorized and impowered by five sufficient Freeholders under 
oath to divide equally to and among said Isaac's Children, Saving to 
the Eldest Son a double Portion, and to confirm such Division, and 
said Division so Confirmed by said Judge shall be as good & valid 
and have the same Effect and Operation in Law after the Death 
of the said Isaac as it would have had if the said Isaac was really 
deceased at the time of making such Division ; Saving that if the 
said Isaac should be restored to his Reason and be capable of dis- 
posing of his Estate, the said Division sh ' be no Barr or any man- 
ner of Impediment to his Acting upon said Estate, and disposing 
of the Same as he should judge Proper, Also saving to Elizabeth 
Wife to said Isaac one third part of the Income of the same in Its 
present Condition, if she should be a Widdow, And also saving to 
the Guardians, of the said Isaac, the Income of said Estate or so 
much thereof as the said Judge shall think Necessary for the Sup- 
port of the said Isaac and his Family during the time of his being 
non Compos. {^Passed June 11. 



CHAPTER 15. 

VOTE CALLING A MEETING OF THE PROPRIETORS OF LOTS IN PONTOO- 

SUCK TOWNSHIP. 

A Petition of the Proprietors of the House Lots in the Town- Legislative 
ship on Housatanuck River, commonly called Pontoosuck, setting councff, xx!f ® 
forth the Difficulties they are under in bringing forward their Set- ^1. 
tlements, Praying for such Assistance & Directions from this Court Mass. 

A.rcniVGS 

as may be necessary for that End. cxvi., 370-372. 

Read & naTp^ss".''"" 

Voted that Joseph Dwight Esq' issue his Warrant for calling a Province 

* MS. mutilated. 



14 



Province Laws {Resolves, etc.). — 1753-54. [Chap. 16.] 



cha^5%9^'xi.v^' Meeting of the Proprietors of the House Lots iu the Township of 
705,ciiap. is4.'' Pontoosiick, so called, on Housatanuck Eiver, directed to one of 
the Principal Pro^Drietors of said Lots, requiring him to set up a 
Notification in some publick Place in said Township, setting forth 
the Time, Place & Occasion of such Meeting, twenty Days before 
hand, which Meeting shall be hold en in said Township; and sucli 
of said Proprietors as shall be present at said Meeting, are hereby 
authorized & impowered by a major Vote, to grant Moneys for 
building a Meeting House, which Meeting House shall be set upon 
the Land reserved for that Purpose near the middle of the Town- 
ship, as also for the Settlement & Support of a Minister, and build- 
ing of Bridges and repairing of High Ways ; and are also impoweVed 
to make an Exchange of j)art of the School Lot for part of the Mill 
Lot, with the Proprietor of the Mill Lot, in Order for the accomo- 
dating of the Mills, and are hereby further impowered to chuse Clerks, 
Assessors, Collectors & Treasurers for said Proprietors, which Officers 
shall be under Oatli for the faithful Discharge of their respective 
Trusts, and are hereby vested with ,the like Powers as such Officers 
in New Townships are by LaAv vested with ; and are also impowered 
to chuse Committees to manage their publick Affairs, who shall be 
accountable to said Proprietors from Time to Time, and that all 
Eates & Taxes that may be raised for the Purposes beforementioned, 
shall be laid upon the Sixty House Lots, laid out in said Township, 
each an equal Part, exclusive of the Minister, Ministry & School 
Lots; and that the Payment of said Taxes may be enforced from 
time to time, agreeable to the Directions in an Act, made in the 
Nineteenth Year of the Eeign of George the Second, Chapter 8. 
And that said Proprietors at said Meeting, may agree upon a Method 
of calling Meetings of said Proprietors for the future, untill the 
further Order of this Court; Provided Nothing contained in this 
Order shall supercede, the Order of this Court in April Last, re- 
specting taking Possession of all forfieted Grants after the Time 
limited in said Order. [^Passed June 11. 



CHAPTEE 16. 

ORDER CONFIRMING THE PROCEEDINGS AT A TOWN MEETING IN 
SUNDERLAND AND CALLING A NEW MEETING. 



Legislative 
Records of the 
Council, XX., 

48; 

Mass. 
Archives, 
cxvi., 397-399. 
House Jour- 
nal, 1). 19. 
Province 
Laws, iii., 430, 
chap. 15. 



A Petition of Samuel Montague & others. Inhabitants of the 
Town of Sunderland, shewing that through Forgetfulness the Offi- 
cers of the said Town for the Year 1752, omitted taking the Oath 
enjoined by Law, respecting the Bills of Credit of the Neighbour- 
ing Governments which has occasioned great Inconveniences in their 
Town Affairs; Praying for Eelief from this Court; 

Whereas there are sundry Disputes arisen in the Town of Sun- 
derland, relating to the several Town Officers that were chosen in 
said Town for the Year 1752, They having omitted to take the Oath 
required by the Act made in the twenty second Year of his present 
Majesty's Eeign, entitled an Act for drawing in the Bills of Credit 
&c. Therefore 

Ordered that the said Town Officers chosen for the Town of Sun- 
derland for the Year One Thousand seven hundred & fifty two, upon 
their taking the Oath aforesaid, be & hereby are confirmed in their 
respective Offices, to which they were chosen, and that the several 



[1st Sess.] Province IjAVf^ {Resolves, etc.). — 1753-54. 15 

Transactions & Proceedings of the Inhabitants of said Town at 
the General Town Meetings the Year Past, (that are in every other 
Eespect agreeable to Law), shall be deemed good & valid to all 
Intents & Purposes; The Omission aforesaid notwithstanding; And 
further 

Ordered that the Select Men of the said Town of Sunderland 
for the Year 1752, be directed & impowered to issue their Warrant 
directed to the Constable of the said Town for the Year 1752, to 
call a Meeting of said Town as soon as may be, to make Choice of 
the several Town Officers for the Year Current, which should have 
been chosen in the Month of March last; and the said Town Officers 
when chosen shall be as much obliged (to all Intents & Purposes,) to 
serve in the said Offices, to which they shall be respectively chosen, 
as if they had been chosen in the Month of March last, \_Passed 
June 11. 



CHAPTER 17. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
ABRAHAM DAVIS TO SET ASIDE A JUDGMENT. 

A Petition of Abraham Davis of Glocester in the County of Legislative 
Essex, shewing that in a Cause depending at the Superiour Court councif.xx!, 
for the said County between Mary Greenleaf, Administratrix of AJchf^^s' 
the Estate of Jose^Dh Greenleaf of Newbury Dec'' & the Petitioner, xini., 730.' 
Judgment founded on the Eeport of Referees was against him, and Mass. 
forasmuch as one of the Referees was personally interested in the tm\!'}M'. 
said Judgment, Praying that it may be set aside, & he have Relief ^'^^^^ fg "^' 
from this Court. 

Read & 

Ordered that the Petitioner Serve the Adverse Party Mary Green- 
leaf with a Copy of this Petition that she shew Cause if any she 
hath on the first Tuesday of the next Sitting of this Court why 
the Prayer of the Petition should not be granted & that Execution 
be Stayed in the mean time Provided the Petition"" give sufficient 
Security to the Sheriff of the County [of] ' Essex to Pay w* now 
is or may finally be judged due. [Passed Ju7ie 12. 



CHAPTEE 18. 

ORDER ALLOWING THE ACCO^ OF THE TREAS^ OF BARNSTABLE 

COUNTY. 

An Accompt presented by M"" Jonathan Bacon Treasurer of the Legislative 
County of Barnstable for the Year 1752, Having been by him laid councif, 
before the Court of General Sessions of the Peace for the said County ^^ 



Records of the 

XX., 



& by them allowed. House Jour- 

Read& nai.pp.8,34,35. 

Ordered that the within Accompt be allowed, and the Ballance 
thereof being Fourteen Pounds erighteen shillings & six pence % 
the within named Treasurer is further accountable to said County 
for. [Passed June 12. 

> Inserted from Legislative Records of the Council, xx., 49. 



16 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 19, 20.] 



Legislative 
Records of the 
Council, XX., 
50. Mass. 
Archives, 
Ixxiv., 104. 

Mass. 
Archives, 
Ixxiv., 104. 
House Jour- 
nal, pp. 26, 35. 
Province 
Laws, x., 387, 
chap. 309. 



CHAPTEE 19. 

ORDER ALLOWING £3 ANNUALLY TO WILL^i RUTTER. 

A Petition of William Putter of Mendoii, Praying some further 
Allowance from this Court in Consideration of the Wounds he re- 
ceived from the Indian Enemy while in the Service of this Province, 
whereby he is now greatly disabled, 

Read and 

Ordered that the Pef be annually allowed and paid out of the 
publick Treasury the Sum of three pounds as a Pension in Consid- 
eration of his Services and Sufferings within mentioned. [^Passed 
June 12. 



CHAPT,EK 20. 



Legislative 
Records of the 
Council, XX., 
52. Mass. 
Archives, iv., 
385. 

Mass. 

Archives, iv.,' 
379-385. Legls. 
lative Records 
of the Council, 
xix., 488, 512, 
518,519; XX., 46. 
House Jour- 
nal, p. 43 
(November, 
1752) ; pp. 10, 
31, ib\ 38. 
Province 
Laws, xiv., 725, 
chap. 241. 



VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON THE LETTERS 
FROM THE NEW YORK GOVERNM^ AND THE PROVINCE LANDS AVEST 
OF SHEFFIELD, &c. 

The Committee appointed the 9^^ of June Currant to take under 
Consideration the Report of a Committee directed to repair to the 
Lands lying within this Province, AVest of Sheffield &c^ and also to 
take under Consideration the Papers received from the Governour 
of New York, have attended that Service, so far as relates to said 
Papers & report as follows. 

That it appears by said Papers, that the Proposal made by this 
Court to the Government of New York, of appointing Commission- 
ers to settle the Line between the Two Provinces, has been rejected: 
That there does not appear by any Evidence whatsoever; to have 
been any Ancient Jurisdiction exercised, nor any ancient Grants 
made, by any States or Powers in Europe, nor any ancient Possession 
in any other than this Government of any of the Lands now held or 
claimed by this Province : That the Right of this Province appears 
to be founded upon Grants as ancient as the Year 1620, & their 
Possession & actual Improvement of a considerable Part of the 
Lands to the Westward of Connecticut River is of more than One 
hundred Years Standing, and must have been known to every Gov- 
ernment on the Continent, and therefore it is surprizing that the 
Government of New York, now seem to be unacquainted with it: 
That therefore it can by no Means be adviseable for this Govern- 
ment now to susj)end the Exercise of their Jurisdiction, but on the 
Contrary it behoves them to go on in setling the Lands, and regu- 
lating and governing the Inhabitants, according to the Right given 
them by Charter. 

The Committee desire Leave to sit again, to consider the Report 
of the above mentioned Committee &c* 

Jacob Wendell by Order, 

Read & Accepted, and 

Voted that the Committee sit again & make further Report on the 
Affairs refer'd to them. \^Passed June 12.^ 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is June 13. 



[1st Sess.] Province Laws {Resolves, etc.). — 1753-54. 17 

CHAPTEE 21. 

ORDER GRANTING A LOAN OF £468 TO RICHARD HAZZEN. 

A Petition of Richard Hazzen, shewing that in setling the Line Legislative 
between this Province & the Province of New Hampshire, one third coSnc'if xx!*^^ 
part of the Town of Haverhill fell within that Province, Whereupon 5i. Mass. 
the Ancient Proprietors who held their Lands by Virtue of Grants 121. ^^ ^' ^^'' 
from this Government, were pursued in the Law by Persons claim- Mass. 
ing the said Lands by TiQVf Titles under the Government of New ng^^^House^'' 
Hampshire, That the Petitioner has assisted the People thus injuri- Journal, pp. 12, 
ously molested, with his Advice & Time, and by defending their Eace^Laws?^" 
Cause in the Courts of said Province, without receiving any Fees x^i^., 321, chap, 
from them, and so much to His Loss that he has been obliged to 
mortgage his Estate for near Thirty five hundred Pounds Old Tenor, 
Therefore Praying for the Gift or Loan of so much Money as will 
discharge the Mortgage aforesaid. 

Eead and 

Ordered that the Prayer of the Pe'"" be so far granted as that the 
Pef recieve out of the publick Treasury the Sum of four hundred 
Sixty Eight pounds upon Loan free of Interest for the term of five 
Years. He first giving Bond with sufficient Sureties for the repay- 
ment of said Sum at the expiration of the time abovementioned. 
{^Passed June 13. 

CHAPTER 22. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON LETTERS IN 
REGARD TO EASTERN INDIANS. 

The Committee to whom was referr'd the Consideration of the Legislative 
Letters His Honour had received from Capt William Lithgow of counc*if,xx!!^*^ 
Richmond Fort, and from the Penobscot Indians, do report that si. Mass'.' '* 
the Englishman got on Montinicus Island, be immediately removed xxxii.Tl64. 
from thence, He having no Right to said Island: And that it be Mass. 
recommended to the Gentlemen that are settling up Kennebeck xxxn.I?i2. 
River, to give such Satisfaction to the Indians as to make them i*^^^^!?"^? ^ 
easy, and allow of their going on with their Settlement up said council^ xx.,^ 
River. All which is humbly submitted. journa"pp!9, 

Jacob Wendell by Order, 38,47. 

Read & 

Ordered that this Report be Accepted. \^Passed June 13. 



CHAPTER 23. 

ORDER SETTING OFF JEDEDIAH MORSE AND JAMES PLYMPTON WITH 
THEIR ESTATES FROM STOUGHTON TO WALPOLE. 

A Petition of Jedediah Morse & James Plympton of Stoughton, Legislative 
setting forth their great Distance from the Place of publick Wor- council" xl*^^ 
ship in said Town & other Inconveniences attending them there, ^ Mass. 
Praying that they, their Families & Estates may be sett off from cxvi., 337! 
Stoughton & annexed to the Town of Walpole, Mass. 

Archives, 



18 



Province Laws (^Resolves, etc.). — 1753-54. [Chaps. 24, 25. J 



cxvi., 336. 
Legislative 



Eead & it appearing that the Town of Stoughtou has been duly 
RecordTof the served with a Copy of this Pet" & that they Voted no Answer should 
be given thereto, Therefore 

Ordered that the Prayer of the Pef" be granted, & the Pet" with 
their Estates are hereby set off from the Town of Stoughton & an- 
nexed to the Town of Walpole, there to do Duty & enjoy Privilege 
Provided the Pef^ first Pay their Propor'' of all Taxes that are already 
laid on the Town of Stoughton. [Passed J^ine IS. 



Council, XX 
52. House 
Journal, p. 132 
(March, 1753) ; 
p. 3Sa. 



Legislative 
Records of the 
Council, XX., 
52. Mass. 
Archives, 
cxxi., 2Sy. 

Mass. 
Arcliives, 
cxxi., 286-289. 
House Jour- 
nal, pp. 59, 88 
(December, 
1752); pp. 35. 38. 



CHAPTEE 24. 

ORDER ALLOWING £60 FOR CLEARING A ROAD TOWARDS ALBANY. 

A Eeport made by Elisha Hawley Esq'' of his marking out a Eoad 
from the Western Part of this Province towards Albany by Order of 
the House: 

Read and 

Ordered that the Sum of Sixty pounds be granted and paid out 
of the publick Treasury to Oliver Partridge Esq"" to be improved 
for the clearing a Road &c for the purpose within mentioned, as 
soon as may be, and in the Cheapest Manner. He to be Account- 
able to this Court for his Disbursments in this Affair. [Passed 
Jime 13. 



CHAPTER 25 



ORDER IMPOWERING JN" & RICH^ BILLINGS TO BRING FORWARD A 

WRIT OF REVIEW. 



Legislative 
Records of the 
Council, XX., 
46. Mass. 
Arcliives, 
xliii., 704. 

Mass. 
Archives, 
xliii., 702. 
Legislative 
Records of the 
Council, XX., 
53. House 
Journal, pp.30, 
41, 42. 



A Petition of John & Richard Billing of Boston, shewing that 
at the Inferiour Court of Common Pleas for the County of Suffolk, 
held in April last, William Read as Attorney to John Bannister, 
brought a Writ of Scire Facias against them upon a former Judg- 
ment recovered against them as Trustees to one Sam^ Forster an 
absconding Debtor; and purely by the Neglect of their Attorney, 
Judgment was against them. Praying that they may be admitted to 
a Review, and that Execution on the said Judgment may be staid. 

Read and it appearing that the above named William Read has 
been duly Served with a Copy of the Within Petition Therefore 

Ordered that the Petitioners be & hereby are allowed to enter 
their Review of the Action within mentioned at the Inferiour Court 
of Common Pleas to be holden at Boston within and for the County 
of Suffolk on the first Tuesday of July next & the Justices of the 
said Court Are hereby impowered to hear & determine the same, 
enter up Judgement & Award Execution thereon Provided the Pef* 
give Sufficient Caution to the Sheriffs of the County of Suffolk to 
pay what now is or finally may be Adjudged due. [Passed June 14. 



[1st Sess.] Province Laws (Besolves, etc.). — 1753-54. 19 

CHAPTER 26. 

ORDER ALLOWING £1. 7. 3:^ TO JOHN RUSSELL. 

A Petition of John Russell of Killingley, shewing that he Legislative 
served this Government on board the Ship Massachusetts Frigate, councif xx**^^ 
from the 8"^ of March 1744, to the 20t\ December 1745, for which f^^^^^^y " 
he has had no Pay for the first Month, Praying that his Wages ixiv-.^Isl.' 
may be allowed to him out of the publick Treasury, Mass. 

Read and i^^cMyes 

i-iT Ti Ixiv., oo3, 556. 

Ordered that the bum of One pound seven shillings and three House Jour- 
pence one farthing be allowed the Pef out of the publick Treasury ^'''^-pp-^^'^^. 
in full for Wages due to him as herein mentioned. [^Passed June 14. 



CHAPTER 27. 

ORDER IMPOWERING WILLIAM GAMMAGE, EXECUTOR, TO SELL REAL 

ESTATE. 

A Petition of William Gamage & others, Heirs of John Gamage Legislative 
late of Ipswich Dec'^ shewing that they have sufficient Evidence to coumjli^ xx!*^^ 
produce that it was his real Intention by his last Will & Testament 54. Mass. 
to impower his Executors to sell his Real Estate; but through the xviii., 939. 



Unskilfulness of the Scribe it was not so express'd; And for as much Mass. 
as that would be of great Advantage to the Heirs, therefore Pray- xvm%*3T 
ing that the Executor may be impowered by this Court to sell the House Joiir-^ 
said Real Estate accordingly. ^^ll^^^'r^"-^'^' 



ovince 



Read and ^ha^f'io." ^"' 

Ordered that William Gammag[e] ' the Executor of the last Will 
and Testament of the Deceas'd be and hereby is Impowered to make 
Sale of his real Estate. 

He observing the directions of the Law respecting the Sale of real 
Estates. 

And giving Caution to the Judge of Probate for the County of 
Middlesex that the Proceeds of said Sale shall be distributed among 
the Minors according to Law. \_Passed June 14. 



CHAPTER 28. 

ORDER ALLOWING GERMANS TO DISPOSE OF THEIR RIGHTS IN NEW 
TOWNSHIP AT FORT MASSACHUSETTS. 

Whereas A Number of Germans Appear desireous to Joyn in Legislative 
Setling the Township at Fort Massachusetts lately Granted to Thirty clV^MX^T 
one German Petitioners with A Number of English Who shall Ap- 54. Mass. 
pear to purchase Rights in Order to a Settlement And there Appear- 228. 
ing Several of the S*^ Petitioners willing to Resign their Interest in Mass. 
S-i Grant & that Others may be Admitted in their Stead MT^'^Housr'"' 

Voted that the Com**^^ Appointed by this Court to Admit Setlers Journal, p. 41. 
&c in S*^ Township be impowered & Directed to Admit Others of the chap. 3.' " 
S*^ Germans into the S'^ Township on the Conditions of the Afore S*^ 

1 MS. mutilated. 



20 



Province Laws {Resolves^ etc.). — 1753-54. [Chaps. 29, 30.] 



Grant In the Room & Stead of Such of the S*^ Petitioners As Shall 
Appear Willing within one month to Eesign their Interest in S*^ 
Grant Pkovided That they do not give Anything to the first 

Grantees in Consideration of their being Admitted in their Room. 
\^Passed June 14. 



Legislative 
Records of tiie 
Council, XX., 
54. Mass. 
Archives, 
xviii., 932. 

Mass. 
Archives, 
xviii., 931-933. 
House Jour- 
nal, pp.168, 170 
(April, 1753) ; 
pp. 11, 39. 



CHAPTEK 29. 

ORDER IMPOWERING REBECCA WELLINGTON, ADM^, TO EXECUTE A 
DEED AND TO JOIN WITH OTHERS IN A SALE OF REAL ESTATE. 

A Petition of Rebecca Wellington, Widow & Administratrix of 
Timothy Wellington late of Lexington dec'' shewing that her said 
Husband in his Life time agreed with Joseph Wellington of Wal- 
tham in Consideration of the Sum of One hundred & fifty Pounds 
in Bills of Credit, in hand received to convey to him One whole 
Right of Land in the Narraganset Township N° 2, with all the 
Lotts & after Divisions belonging thereto, & that a Deed was drawn 
accordingly, but her said Husband died before it was executed, 
Therefore Praying that the Petitioner may be impowered to exe- 
cute a Deed of the same Import, as also join with the said Joseph 
in the Sale of a dwelling House, Grist Mill & Land held in Com- 
mon, between her late Husband & the said Joseph Wellington, & 
lying in the Town of Waltham, 

Read and 

Ordered that the Pef be and She hereby is Impowered to give a 
Deed according to Law to the within named Joseph Wellington of 
the Lott lying in Narragansett N° 2. And that She be also im- 
powered to Joyn with Joseph and Thomas Wellington to make Sale 
of the Estate lying in Waltham, and to give a good [Deed] ' or 
Deeds of the Same She to be accountable to the Judge of 

Probate for the County of Middlesex for the proceeds of said Sale. 
\^Passed June 14. 



CHAPTER 30. 



Legislative 
Records of the 
Council, XX., 
55. Mass. 
Archives, 
Iviii., 376. 

Mass. 
Archives, 
Iviii., 375. 
House Jour- 
nal, pp. 16, 23 
(June, 1736) ; 
p. 91 (Decem- 
ber, 1737) ; 
pp. 381, 42, 43. 
Province 
Laws, xil.,281, 
Chap. 47. 



RESOLVE FOR RECORDING THE GRANT & CONFIRMATION OF 500 ACRES 
OF LAND TO THE TOWN OF PEMBROOK. 

Whereas it appears that in June 1736. a Grant was made to the 
Town of Pembrooke of five hundred acres of the unappropriated 
Lands of the Province to enable them to keep a Grammer School, 
and upon the sixteenth day of December 1737. A Plat of Five hun- 
dred acres of Land Surveyed and laid out by Nathaniel Kellogg 
Surveyor, and two Chain-men on Oath to satisfy said Grant, bounded 
North on Northfield South bounds. East and South on Province 
Lands & West on Connecticut River, was presented for allowance, 
accepted and confirm'd in usual Form as appears by the Journal of 
the House of Representatives, and inasmuch as the Record of said 
Grant and Confirmation of said Plat was lost, when the Court house 
was burnt 

Resolved, That a new Record be made of said Grant and Confir- 
mation of the Plat, agreeable to a Copy taken from the Secretary's 
Office before the Court house was burnt, and what appears in the 

* Inserted from Legislative Records of the Council, xx., 54. 



[1st Sess.] Province Laws {Resolves, etc.). — 1753-54. 21 

Journal of the House of Representatives, and that the Town of 
Pembroke be directed to ascertain the Bounds of said Farm within 
Six Months. [^Passed June 14. 



CHAPTER 31. 

ORDER ALLOWING £11. 17. 4 TO JOSEPH KELLOG. 

A Petition of Joseph Kellog shewing that he attended at several R|fords"of the 
Interviews between the Governours of this Province & the Western council, xx., 
Tribes of Indians as Interpreter, for which he has had no Allow- ArcWvea,' 

ance, praying that he may be now allowed out of the Treasury, xxxii., 36i. 

sufficient to satisfy him for said Service, Archives 

Read and xxxu., seb. 

Ordered that the Mem° be allowed and paid out of the publick na^i^pp. n^h. 
Treasury the Sum of Eleven pounds Seventeen Shillings and four 
pence in full for the services within refer'd to. [^Passed June 14. 



CHAPTER 32. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI- 
TION OF THE NANTUCKET INDIANS. 

EzEKiEL Chever Esq" from the Committee of both Houses gave Legislative 
in their Report on the Affair of the Nantucket Indians [Complain- coSnc'if. xl?^ 
ing of great Injustice & Oppression from the English Inhabitants ^t^^^^^^l^^^ 
there] ; Which was accepted by the Council & House of Rep- xxxu., 383. 

resentatives with Amendm*^ & as amended is as follows, viz Mass. 

The Committee appointed to consider the Petition of a Number xxxu^ssi. 
of the Indians of Nantucket, Having met & heard the said Indians House' Jour^ 
report their Opinions ; That Roland Cotton, David Crocker & Zacheus provinc'/' 
Mayhew Esq" be appointed & impowered to repair to the Island of ^ifa'^^;!^"' ■'^'^' 
Nantucket, as soon as may be, & make Inquiry into the Grievances 
suggested & complained of by the Indians in their Petition, & other 
Papers accompanying the same, and all other Matters of Complaint 
now subsisting. That the Committee have Power to send for Per- 
sons & Papers as Occasion may be. That they endeavour an Accomo- 
dation of those Differences between the English & Indians, and make 
Report to this Court of their Doings therein, and of what they shall 
judge proper for this Court to do further thereon, 

EzEK. Chever per Order. 

Ordered that this Report be Accepted. \^Passed June 14. 



CHAPTER 33. 

ORDER APPOINTING A COM'^^^^ FOR BURN^ TORN AND DEFACED BILLS 

OF CREDIT. 

In the House of Represent^^^ Srds of the 
Ordered that M^ Speaker M' Allen M' James Bowdoin M' Welles council, xx., 
and M^ James Russell with such as the Hon""^ Board shall Joyn be Archive8%iii.. 
a Comm«« to take an Ace* of the torn and defaced Bills of Credit ^^ 



22 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 34-36.] 



House Jour- and Government s securitys now m the hands of the Treasurer and 

nal, p. 45. ^^ , 1 X * 1 

Consume them to Ashes 

And Eeport thereon at the next Sitting of this Court 
In Councill 

Eead & Concur'd and J : Osborne Jacob Wendell Sam^ Danforth, 
Sam' Watts & A : Oliver Esq""* are Joyn'd in the Affair. \_Passed 
June 15. 



Legislative 
Records of the 
Council, XX., 
56. Maes. 
Archives, ciii., 
149. 

House Jour 
nal, p. 45. 



CHAPTER 34. 

VOTE DIRECTING THE PROVINCE TREASURER TO RECEIVE PROVINCE 
BILLS OF CREDIT FOR PUBLIC TAXES. 

Voted that the Treasurer be directed and He is hereby impowered 
to recieve of the several Constable and Collectors the Bills of Credit 
on the Province for the publick Taxes now outstanding. And the 
said Constables and Collectors are. directed and impowered to re- 
cieve the said Bills for the said Taxes. \^Passed June 15. 



Legislative 
Records of the 
Council, XX., 
56. Mass. 
Archives, 
Ixxiv., 109a. 

House Jour- 
nal, p, 48. 



CHAPTER 35. 

ORDER ALLOWING £10 TO LAZARUS NOBLE AND BENJAMIN MITCHELL. 

Ordered that the Sum of ten pounds be granted out of the pub- 
lick Treasury to Lazarus Noble and Benj'^ Mitchell in order to enable 
them to proceed to Canada for the redemption of their Children. 
[^Passed June 15. 



Legislative 
Records of the 
Council, XX., 
57. 

Mass. 
Archives, 
xviii., 891-S93. 
House Jour- 
nal, pp. 19, 25, 
26, 45. 



CHAPTER 36. 

ORDER ON THE PET^ OF ZEPHANIAH MORTON AND OTHERS CONFIRM- 
ING A SETTLEMENT OF AN ESTATE. 

A Petition of Zephaniah Morton & others, Children of George 
Morton late of Plymouth Dec'^ shewing that their Father died in 
the Year 1731, that in the. Year 1742, they all with their Brother 
(now deceased) amicably agreed upon a Parole Division of their 
Fathers Estate (being then all of Age) & enter'd upon the Pos- 
session of their respective Parts, Intending speedily to execute 
an Instrument for the Confirmation of their said Agreement; but 
William Morton one of the Sons died before the Matter was accom- 
plished; and therefore Praying that this Court would enable the 
Petitioners with Joseph Warren Guardian to William Morton the 
Grandson of George Morton, to execute a proper Agreement in 
Writing among themselves, & to make it valid in Law. 

Eead & 

Ordered that the Prayer of the Petition be granted, and that the 
several Divisions set off to the several Heirs of George Morton late 
of Plymouth dec*^ as by their Deed dated April 24. last, be & hereby 
are confirmed & made as effectual in Law to all Intents & Purposes, 
and the several Parts & Shares to each of the said Children therein 



[1st Sess.] Province Laws (Hesolves, etc.). — 1753-54. 23 

mentioned to remain as fully to them & each of them, their & each 
of their Heirs & Assigns, as if the said William the Minor had been 
of full Age, & executed said Deed himself. [Passed Jti?ie 15. 



CHAPTEE 37. 

ORDER ALLOWING PROVINCE LAW BOOKS TO THE NEW DISTRICTS. Legislative 

Records of the 
. Council, XX., 

Ordered that the several Districts that have been Erected in this 57. Mass. 
Province be allowed a Law Book at the Publick Charge. [Passed xwiujm. 

June 15. House Jour- 
nal, p. 45. 



CHAPTER 38. 

ORDER IMPOWERING SOLOMON KNEELAND, GUARDIAN, TO SELL LAND. 

A Petition of Solomon Kneeland, Guardian of Katherine Phips Legislative 
a Minor, shewing that her Real Estate is in such Circumstances as couucif xx^^^ 
to be of little Profit to her, & that it would be of much more Ad- 57. Mass. 
vantage to have it converted into Money; Praying to be impowered xviii.79«'*. 
by this Court to sell it. Mass 

Head and _ xviii!,^946. 

Order'' d that the Prayer of this Petition be granted, & that the House Jour- 
Petitioner in his said Capacity be and he is hereby impowerd to provmce 
make Sale of the Piece of Land withinmentioned, to as good ad- ^jfap^'^o"' ^^^* 
vantage as may be ; the Proceeds of such Sale to be applyed to the 
use therein mentioned: The s'* Guardian to observe the Direction of 
the Law (respecting the Sale of Real Estates by Executors & Ad- 
ministrators) as to time & manner of giving previous Publick notice 
of the intended Sale. [Passed June 15. 



CHAPTER 39. 

ORDER DISCHARGING WILL« BOARDMAN, JUN«, FROM GOAL. 

A Memorial of William Boardman jun'' of Chelsea, shewing that Legislative 
he is imprisoned (by Virtue of a Warrant from the Treasurer) for not councif, xx!, ^ 
collecting the Taxes committed to him ; Praying for Enlargement that ^rcMvYs^'cv 
he may be enabled to collect the Taxes or sell his own Estate to make 432^ 



up Deficiences Mass. 

Read and ' ^t'l'on^- 

Ordered that the Pef have liberty to come out of Goal He first '^°"^°f^^ 
paying Charges. And giving Bond with sufficient Sureties to pay 
the whole Sum (for which He is noAv confin'd in said Goal) to the 
Province Treasurer on or before the tenth of June next. [Passed 
June 15. 



21 



Province Laws {^Eesolves, etc.). — 1753-54. [Chaps. 40-42.] 



CHAPTEE 40. 



ORDER ALLOWING £3. 18 TO ZECHARIAH EMERY. 



Legislative 
Records of the 
Council, XX., 
5S. Mass. 
Archives, 
Ixxiv., 103. 

Mass. 
Archives, 
Ixxiv., 103. 
House Jour- 
nal, pp. 38", 43. 



A Petition of Zechariah Emery, Praying that he may be allowed 
out of the Treasury for the Loss of his own & his Sons Gun in the 
late Expedition against Cape Breton, while they were in the Service 
of this Province. 

Read and 

Ordered that the Pef be allowed and paid out of the publick 
Treasury three pounds Eighteen Shillings in full Consideration for 
the Loss of the Two Guns within mentioned. \_Passed June 15. 



CHAPTER 41. 



ORDER ALLOWING £3, AND A FURTHER SUM OF 40/ ANNUALLY TO 

JOSIAH MEAD. 



Legislative 
Records of the 
Council, XX., 
58. Mass. 
Archives, 
Ixxiv., 10,5. 

Mass. 
Archives, 
Ixxiv., 105. 
House Jour- 
nal, pp. 44, 46. 



A Petition of Josiah Mead of Pembroke, setting forth his long 
Services & Sufferings in the Wars against the French & Indians ; by 
which he is now in his advanced Age render'd unable to support him- 
self; Praying that this Court would make him some suitable Allow- 
ance for his Support, 

Read and 

Ordered that the Pef be allowed out of the publick Treasury 
three pounds in consideration of his jDast services And that 

He be allowed forty Shillings Annually for his Subsistance during 
his Natural Life. [^Passed Jtme 15. 



CHAPTER 42. 



ORDER IMPOWERING THE JUDGE OF PROBATE TO GRANT FURTHER 
TIME FOR ENTERING A CLAIM AGAINST AN ESTATE. 



Legislative 
Records of the 
Council, XX., 
60. Mass. 
Archives, 
xviii., 951. 

Mass. 
Archives, 
xviii., 951. 
House Jour- 
nal, pp. 46, 48. 



A Petition of Samuel Blogget, shewing that he has a Claim 
of £101.16/ Old Tenor, upon the Estate of Caleb Blogget late of 
Woburn dec*^ represented Insolvent, that by Reason of his Papers 
being mislaid, he lapsed the time for examining Claims but hav- 
ing now found them, praying that he may be allowed to make his 
Claim, & come in for his Proportion of the said Estate, with the 
other Creditors, 

Read and 

Ordered that the Prayer of this Pet" be granted. And the Judge 
of Probate for the County of Middlesex is hereby impowered to allow 
three Months from this time for the Creditors to bring their Claims 
to the Estate within mentioned. [Passed June 16. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1753-54. 25 



CHAPTER 43. 

VOTE FOR CALLING A MEETING OF THE PARISH OF QUABIN. 

A Petition of Jacob Osborne & others, Inhabitants of the Parish Rifordfolthe 
of Qnabin, shewing that by Mistake their last March Meeting was council, xx., 
summoned by the Assessors of the last Year & not by the Parish ArcMv'eT,' 
Committee as the Law directs; by which all their Transactions in cxvi., 368. 
said Meeting are Null & Void, Praying that they may hold another ^^^^j^^g 
Meeting for chusing Officers & for other Affairs of the Parish, cxvi., 36?'. 

Read and nai, pp. 34,50. 

Ordered that the Parish Committee of Quabin (so called) for the 
last Year be and they hereby are Impowered and directed as soon as 
may be to Issue their Warrant for a Meeting of their said Parish 
at such time and place as they shall appoint 

And said Parish when Assembled shall be Impowered by a major 
Vote to Chuse such Parish Officers as by Law they might have done 
in the month of March last. \^Passed June 18. 



CHAPTER 44. 

VOTE APPOINTING A COM'^^^ TO FARM OUT THE EXCISE FOR SUFFOLK 

COUNTY. 

In the House of Eepresentatives ; Refords^of the 
Voted that M' Welles & Capt Spur with such as the Hon^^^ Board councif, xx., 
shall join be a Committee to farm out the Excise for the County of ^L . 

In Council; Eead & Concur'd; And Jacob Wendell Esq'' is joined note. House 
in the xifEair. {^Passed June 19. ouma.p.o.. 



CHAPTER 45. 

VOTE APPOINTING A COM^ee TO FARM OUT THE EXCISE FOR ESSEX 

COUNTY. 

In the House of Representatives ; R®^'^!?"^f th 

Voted that M"" Coggswell & M"" Greenleaf with such as the Hon"^ councif.xx., ^ 

Board shall join, be a Committee to farm out the Excise for the ^1; 

County of Essex. MiTsr""' 

In Council ; Read & Concur'd ; And Benjamin Lynde Esq' is joined 
in the Affair. \_Passed June 19. 



26 



Province Laws ( Resolves, etc.). — 1753-54. [Chaps. 46-49.] 



CHAPTER 46. 



VOTE APPOINTING A COM'^^'^ TO FARM OUT THE EXCISE FOR MIDDLES^ 

COUNTY. 



Rlfor!.Rthe I^ ^^^® House of Representatives ; 

Council, XX., Voted that M' James Eussell & Cp* Livermore with such as the 

Hon^'® Board shall join, be a Com'^®^ to farm out the Excise for the 

County of Middlesex. 

In Council; Read & Concur'd; And Ezekiel Chever Escf is joined 

in the Affair. \^Passecl June 19. 



House Jour- 
nal, p. 52. 



CHAPTER 47. 

VOTE APPOINTING A COM^ee ^Q FARM OUT THE EXCISE FOR HAMPS. 

COUNTY. 

Refords'of the ^^ ^^^^ House of Representatives; 

Council, XX., Voted t\i?it CoP Patridge & CoP Worthington with such as the 

— Hon'''® Board shall join, be a Com*®® to farm out the Excise for the 

K^M."''" County of Hampshire. In Council; Read & Concur'd; And 

Eleazer Porter Esq" are ' joined in the Affair. \_Passed June 19. 



CHAPTER 48. 

VOTE APPOINTING A COM^ee TO FARM OUT THE EXCISE FOR WORCES- 
TER COUNTY. 



Legislative 
Records of the 
Council, XX., 
61. 

House Jour- 
nal, p. 52. 



In the House of Representatives; 
Voted that Capt Mercy & Cap* Ayres with such as the Hon'''® 
Board shall join, be a Committee to farm out the Excise for the 
County of Worcester. In Council; Read •& Concur'd; And 

John Chandler Esq"" is joined in the Affair. [Passed June 19. 



CHAPTER 49. 

VOTE APPOINTING A COM^^^ TO FARM OUT THE EXCISE FOR PLYM"^ 

COUNTY. 



Legislative 
Records of the 
Council, XX., 
Gl. 

House Jour- 
nal, p. 52. 



In the House of Representatives ; 
Voted that CoP Winslow & Col° Bradford with such as the Hon'''® 
Board shall join, be a Committee to farm out the Excise for the 
County of Plymouth. In Council; Read & Concur'd; And 

John Gushing Esq' is joined in the Affair. [Passed June 19. 

1 The State Library copy, Legislative Records of the Council, xx., 61, reads, " Esq' is." 



[1st Sess.] Province Laws (Hesolves, etc.). — 1753-54. 27 



CHAPTER 50. 

VOTE APPOINTING A COM^ee tO FARM OUT THE EXCISE FOR BARNST. 

COUNTY. 

In the House of Eepresentatives, Legislative 
Voted that CoP Cotton, & Col° Otis with such as the Hon''"^ Board councu" xx!f^ 
shall join, be a Com^^® to farm out the Excise for the County of 5L 

Barnstable. House Joux- 

Qui D ^2 

In Council; Read & Concur'd; And Jolm Otis Esq'' is joined in 
the AfEair. [Passed June 19. 



CHAPTER 51. 

VOTE APPOINTING A COM^ee ^0 FARM OUT THE EXCISE FOR BRISTOL 

COUNTY. 

In the House of Representatives ; Legislative 

Voted that Capt White & Capt Cobb, with such as the Hon^'« councu.xx!?^ 

Board shall join be a Committee to farm out the Excise for the ^ 

County of Bristol. In Council; Read & Concur'd; And George ^'j"^*'^,^^" 

Leonard Esq'' is joined in the Affair. [Passed June 19. 



CHAPTER 52. 

VOTE APPOINTING A COM^ee tO FARM OUT THE EXCISE FOR YORK 

COUNTY. 

In the House of Eepresentatives; Legislative 
Voted XhoX W Welles & Cp*^ Preble with such as the Hon''^^ Board councn.xx.,^ 
shall join, be a Committee to farm out the Excise for the County of ^ 

York ; House Jour- 

In Council; Read & Concur'd; And Jabez Fox Esq' is joined in 
the Affair. [Passed June 19. 



CHAPTER 53. 

VOTE APPOINTING A COM'^ee xo FARM OUT THE EXCISE FOR DUKES 

COUNTY. 

In the House of Representatives; RefordTof the 

Voted that Col° Mayhew & Capt Norton with such as the Hon'''^ council, xx., 
Board shall join be a Committee to farm out the Excise for the ^ 



County of Dukes County. In Council; Read & Concur'd; And ^..^j^^^^^j'!''''' 

John Allen Esq"" is joined in the Affair. [Passed June 19. 



28 



Province Laws {^Resolves, etc.). — 1753-54. [Chaps. 54-57.] 



CHAPTER 54. 



VOTE APPOINTING A COM^'^e TO FARM OUT THE EXCISE FOR NAN- 
TUCKET COUNTY. 



Legislative 
Records of the 
Council, XX., 
62. 

House Jour- 
nal, p. 5-2. 



In the House of Eepresentatives ; 
Voted that M^ Folger & M^ Richard Coffin with such as the Hon*'"' 
Board shall join, be a Committee to farm out the Excise for the 
County of Nantucket. In Council; Read & Concur'd; And 

Josiah Coffin Esq"" is joined in the Affair. \^Passed June 19. 



Legislative 
Records of the 
Council, XX., 
62. Mass. 
Archives, 
cxix., 609a. 

House Jour- 
nal, p. 53. 
Province 
Lavrs, ill., 742, 
note. 



CHAPTER 55. 

VOTE FOR GIVING PUBLICK NOTICE OF LETTING OUT THE EXCISE. 

Voted that the Committees of the several Counties thro the Prov- 
ince app***^ to Farm out the Excise (the Counties of Dukes County 
& Nantucket excepted) Insert in the publick Prints, the time and 
place designd for that purpose And that the Commencement of 
the Rates for said Excise is on the 9'^ of July next. \_Passed 
June 19. 



CHAPTER 5Q. 



ORDER APPOINTING A COM^ee tO ENQUIRE INTO THE ACCO^^ OF COM- 
MISS»8 FOR THE LAND BANK. 



Legislative 
Records of the 
Council, XX., 
62. Mass. 
Archives, ciil., 
151. 

House Jour- 
nal, p. 51. 



In the House of Rep^^'^^ 

Ordered that M' Welles Cap* Joseph Williams and M' Allen with 
such as the Hon^'^ Board shall appoint be a Committee to to ' Inspect 
and Examine the Accounts of the Commissioners of the Land Bank 
or Manufactory Scheme in the Recess of the Court. And Report at 
their next Sitting the present State of their Accounts ; and what they 
Judge proper to be done thereon 

In Council Read and Concur'd and John Wheelwright and Andrew 
Olivers Esq''^ is joined in the Affair. \^Passed June 19. 



CHAPTER 57. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR DISPOSING 
OF PROVINCE LANDS LYING WEST OF SHEFFIELD. 



Legislative 
Records of the 
Council, XX., 
63. Mass. 
Archives, 
xlvi., 311. 

Mass. 
Archives, 
xlvi., 310-312. 
Legislative 
Records of the 



The Committee appointed to take under Consideration the Re- 
port of a Com"'^ sent by this Court to view the Province Lands, West 
of Sheffield i&c'^ & also what it may be proper to do respecting the 
Western Boundary of this Province *&c* beg leave to report. That 
considerable Improvements have been made upon the Province Lands 
lying West of Sheffield & Stockbridge without any Grant or Liberty 
from this Government; The Committee therefore are of Opinion 

I Sic. 



[1st Sess.] Province Laws {Resolves, etc.). — 1753-54. 29 

That a Committee be appointed by this Coiirt to repair to said f^g^^g^^g^^g' 
Lands with full Power to dispose of the same to the Person or House' Jour." 
Persons who have made or caused such Improvements, in such ^* jef p' le^' ' 
Quantities as they shall judge reasonable, for such Sums of Money ^^**p- -°' 
as the Lands may be judged to be worth, without having respect to 
the Improvements made ui3on them ; and take Bonds with Sufficient 
Sureties for the Payment of the Monies into the Province Treasury 
within two Years; And in Case any of the said Persons refuse to 
Purchase the same or give Bond as aforesaid. That then the Com- 
mittee be impowered to dispose of the same to such other Persons 
as shall appear to purchase said Lands ; who are also impowered in 
behalf of the Government to deliver Possession of the Lands to the 
Persons respectively that shall appear to purchase the same ; And 
said Committee to be further impowered to dispose of the Province 
Lauds lying West of said Township which are not taken up, by any 
Person, to such as shall appear to purchase the same, they giving 
Bond to said Committee as aforesaid, for the Sums they shall value 
the Lands at, and that all the Lands lying West of Sheffield be 
annexed to said Town to do Duties & receive Priviledges there, and 
those Lands lying West to said Town of Stockbridge to do Duties 
& receive Priviledges there. 

All which is humbly submitted Jacob Wendell per Ord' 

Read and 

Voted Unanimously That this Report be accepted and that a 
Comm*® be appointed by this Court for the purposes herein men- 
tioned accordingly. \^Passecl June 19. 



CHAPTER 5S. 

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF 
EBENEZER HILL AND THOMAS KINGMAN, TO ENTER AN APPEAL. 

A Petition of Ebenezer Hill & Thomas Kingman & others, shew- Legislative 
ing that at the Inferiour Court of Common Pleas for the County of counclf, xx!f ^ 
Plymouth held in May last, His Excellency Governour Belcher ^l:^JIl^^^- 
brought His Action against the before named Petitioners for Pos- xiiii.,726.' 
session of Three hundred & twenty eight Acres of Land, that they Mass. 
claiming only twenty three Acres thereof, intended to defend their xnif,^723.' 
Right as to that & to disclaim as to the rest. But their Attorney on Legislative ^^ 
whom they depended failing, the Action went against them by De- council, xx., 
fault; Therefore Praying that they may bring forward their Appeal jouraai^pp-**. 
to the next Superiour Court & have a Trial upon the Merrits, and 47, si. 
the rest of the Petitioners have the same Liberty. 

Ordered that the Pef serve And"^ Belcher Esq' (Attorney to Gov'' 
Belcher) 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 AYhy the Prayer 
thereof should not be granted. And all proceedings in the Law are 
Stayed in the meantime. \_Passed June 20. 



30 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 59-61.] 



CHAPTER 59. 



Legislative 
Records of tlie 
Council, XX., 
65. Mass. 
Archives, 
Ixiv., 558. 

Mass. 
Archives, 
Ixiv., 557. 
House Jour- 
nal, pp. 50, 55. 



ORDER ALLOWING £50 TO D« W^i THOMAS. 

A Petition of Doctor William Thomas of Plymouth, shewing 
that in the Mouth of January 1751, a Brigantine was cast away 
near said Town, at a Place called Monument Ponds, & the Master 
frozen to Death, and two of the Men got ashore alive very much 
frozen, whose Names were Hugh M'^Neal k Francis Birmingham, 
that the Petitioner in his Practice attended the said Persons ; and in 
order to preserve the Life of the said Hugh M<=Neal, he was obliged 
to cutt off both his Hands, & both his Feet, and was obliged to 
attend him constantly at all Seasons from January to July at the 
Distance of Seven Miles, & having no where else to apply for Satis- 
faction than to this Government; Therefore Praying that this Court 
would allow him the Amount of his Account of Medicines, Attend- 
ance & Assistance, (in which he has charged every thing very low) 
viz* the Sum of Sixty Seven Pounds 18/ 

Eead and 

Ordered that the sum of fifty pounds be allowed and paid out of 
the publick Treasury to the Pef in full consideration of his Account 
hereto annexed. \Pa8sed June 20. 



CHAPTER 60. 



Legislative 
Records of the 
Council, XX., 
65. Mass. 
Archives, 
xxxii., 394. 

Legislative 
Records of the 
Council, xix., 
503; XX., 58. 
House Jour- 
nal, pp. 44, 57. 
Province 
Laws, xiv., 597, 
chap. 155. 



ORDER PROVIDING FOR SETTLING INDIANS AT STOCKBRIDGE, AND EN- 
JOINING ANY AGREEMENT IN REGARD TO THE HOP LANDS UNTIL 
REPORT OF COMMITTEE &c. 

Ordered that the Committee appointed to provide for such of the 
Indians of the Six Nations as might incline to settle at or near Stock- 
bridge be directed to forbear making any Agreement for the Hop- 
lands so called, until the Comittee appointed the 14 Ins* to inquire 
into the situation of the Indians there shall report to this Court, &i 
that the said last mentioned Committee be directed to inquire what 
measures have been already taken as to making an Agreement for 
said Lands, & report thereon as soon as may be. \^Passed June 20. 



Legislative 
Records of the 
Council, XX., 

66. 

Mass. 

Archives, ciii., 
157. House 
Journal, pp.23, 
24, 28, 29, 39, 43, 
56, 57, 58, 59. 



CHAPTER 61. 

VOTE FOR THE PROV^ TREASURER GIVING BOND & BEING UNDER 
OATH, AND APPOINTING A COM^ee FOR JUDGING OF THE SECURITY. 

In the House of Representatives; 
Voted that no Person that shall be elected by this Court into the 
Office of a Treasurer or Receiver General for this Province, for the 
present Year, shall be esteemed duly qualifyed to enter upon the Exe- 
cution of that Office, untill he shall first have an Oath administred 
to him for the faithful Performance of the Duty of the said Office, 
& shall also give Bond with sufficient Sureties to the Acceptance 
of a Committee to be appointed by this Court for that Purpose, in 



[1st Sess.] Province Laws (Hesolves, etc.). — 1753-54. 31 

the Sum of Thirty Thousand Pounds Lawful Money to the three 
eldest Councellors in the Province for the Time being, Who are 
hereby appointed a Committee in behalf of the Province, and espe- 
cially authorized for this Purpose, which Bond shall be conditioned 
for such Treasurer's truly & faithfully discharging the Duty of his 
said Office according to Law; and for his rendering an Account 
when & so often as he shall be required by the General Court, of all 
such Sums of Money as he shall from time to time receive into the 
Treasury; and for his well & truly paying to his Successor in said 
Office, or to any other Person that may be appointed by the Gen- 
eral Court to receive the same, all such Sum or Sums of Money as 
upon such Settlement of his said Accompt or otherwise shall be 
found due & payable from him to the Province; Provided that the 
said Bond be put in Suit, within two Years next after the Date 
thereof; Otherwise to be Void & of none Effect. 

Also 

Voted that M' James Bowdoin & Capt Joseph Williams with such 
as shall be joined by the Hon^'^ Board be a Committee to judge of 
the sufficiency of such as may offer to become Sureties for the Treas- 
urer as aforesaid. 

In Council; Read & Concur'd; And Jacob Wendell Esq"" is added 
on the Affair aforesaid. [Passed June 21. 



CHAPTER 62. 

VOTE APPOINTING COMMISS^^ FOR SELL" PROVINCE LAND. Legislative 

Kecords of the 
Council, XX., 

This Day being appointed for the Election of Gentlemen to dis- ^^^^^^^g®- 
pose of the Province Land lying West of Sheffield & Stockbridge, xIti., 313.' 
The following Gentlemen were duly elected by the Major Vote of Legislative 
the Council & House of Represent''' [with consent of the Lieutenant coundf, xx"'^ 
Governor] Viz, joumai^^? 58 

Samuel Welles Esq'' John Chandler Esq''' James Otis Esq' Anu^v^-2l', 
[ Passed Ju ne 21 . ti/fafk^v. 63. 

CHAPTER 63. 

VOTE GIVING INSTRUCT'*^ TO THE COM^ee fqR SELLING LANDS IN THE 

WESTERN PARTS. 

Jacob Wendell Esq'' from the Committee of both Houses ap- Legislative 
pointed to prepare the Draught of Listructions to the Gentlemen councif.xx., ^ 
that should be chosen by this Court to dispose of the Lands belong- f^(.,]f^Ys^- 
ing to this Province, lying to the Westward of Sheffield & Stock- xivi., sit.' 
bridge, gave in a Report thereof. House -Jour- 

Which was read & accepted by both Houses with Amendments, °tpr«, fhap. 
And passed June 21. ^-^ 

[The report as finally amended and accepted is as follows:] 

The Com'®^ appointed to prepare Instructions for a Com'^' That 
this Court propose to Appoint to Dispose of the province Lands 
Lying West of Sheffield & Stockbridge 

Report as their Opinion 

1. That the S'l Com''" be directed not to dispose of Any Lands 
lying Nearer than Twelve Miles of Hudsons River 



32 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 64-67.] 



2. That the s*^ Committe be Directed to Give Certificate to the 
Several Persons that Shall Purchase and Give Bonds for Any part 
of S*^ Lands Setting forth the Quantity & Bounds thereof and make 
Report to this Court (as soon as may be) of the several Agreements 
entred into that so the Persons who shall appear as Purchasers may 
have Grants made to them accordingly. \^Passed June 21.'' 



CHAPTER 64. 



VOTE APPOINTING A COM'^^^ TO TRANSFER THE MONEY & PAPERS IN 
THE TREASURY, TO THE NEW TREASURER. 



Legislative 
Records of ttie 
Council, XX., 
67. Mass. 
Archives, ciii., 
161. 

Legislative 
Records of the 
Council, XX., 
67 bis. House 
Journal, pp. 59, 
60. Ante, 
p. 30, chap. 61. 



In the House of Eep"^^ 
Ordered that M'' Speaker W Fletcher and M'' James Russell with 
such as the Hon'''^ Board shall Joyn be a Comm^® fully Authorized 
to rdt)ieve all the publick paj)ers and Cash from the late Treasurer 
and give him a discharge for the Same And deliver them to the 
Treasurer lately Chosen as soon as qualifyed 
In Council; 
Read & Concur'd And Andrew Oliver & Samuel Watts Esq" are 
joined in the Affair. [Passed June 22. 



Legislative 
Records of the 
Council, XX., 
68. Mass. 
Archives, 
xlvii., 371. 

House Jour- 
nal, p. 60. 



CHAPTER Q5. 

ORDER ALLOWING THE DISTRICT OF NEW CASTLE TO HAVE A LAW 

BOOK. 

Ordered that the District of New Castle be allowed a Province 
Law Book at the publick Charge. [Passed June 22. 



CHAPTER Q>Q. 



Legislative 
Records of the 
Council, XX., 

68^ 

House Jour- 
nal, p. 54. 



VOTE REFERRING ALL UNFINISHED MATTERS. 

Voted that all Matters now before the Court, & that shall not be 
passed upon, have the same Day at the next Sitting of this Court. 
[Passed June 22. 



CHAPTER 67. 



ORDER APPOINTING A COM'^'^e tO INQUIRE IN REGARD TO PAPERS 
SENT AND TO BE SENT TO AGENT BOLLAN. 



Krdsofthe III the House of Rep-^ 

Council, XX., Ordered that M' Speaker W Welles and Cap* Livermore with such 
as the Hon'''^ Board shall appoint be a Comm^* to inquire what Papers 
have been sent to M' Agent Bollan respecting the Boundaries between 

1 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 22. 



68. Mass 
Archives, vi.. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1753-54. 33 

this Government Connecticut and Ehode Island as also relating to House Jour- 
the Slops Supplied in the Expedition ag* Cape Breton &c And what °^^' p* ^' 
papers and evidences are still necessary to be Sent And that they 
forward such Papers and Evidences to M' Agent Bollan as soon as 
may be. 

In Council; Eead & Concur'd And Thomas Hutchinson & Andrew 
Oliver Esq'' are joined in the Affair. \_Passed June 22. 



CHAPTEE 68. 

VOTE APPOINTING A COM'^™ TO PROVIDE FOR THE RECEPTION OF 
GOVERNOR SHIRLEY. 

In the House of Eep-^ Sdl of the 

Voted that M"^ Speaker M' Tasker M" Allen M'" James Russell M-^ council, xx., 
Welles Cap* Joseph Williams and M"" Fletcher with such as the ArcMves^,' 
Hon"^ Board shall Joyn be a Comm^^ to make suitable Provision ^^^^-^ s*^*^- 
for the reception of His Excellency William Shirley Esq' Who is ^|f^f(i\"^/tije 
expected to his Government in a short time couucii, xx., 

In Council Read & Concur'd and Josiah Willard, Jacob Wendell, journai"p- eo. 
Samuel Danf orth Samuel Watts, John Wheelwright, Andrew Oliver & 
Thomas Hutchinson Esq" are joined in the Affair. \_Passed June 22. 



84 Province Laws (i?e5oZ^;es,e^c.). — 1753-54. [Chap. 69.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Fifth Day of September, A.D. 1753. 



CHAPTER 69. 

ORDER DIRECTING THE TREASURER TO ADVERTISE THE FUNDS IN 
HAND FOR THE REDEMPTION OF GOVERNMENT SECURITIES. 

Mass. The Memorial of Harrison Gray Treas"' & Eeceiver Gen^ of said 

165, 166. ' '' Province Humbly sheweth 

Legislative That He is Now possess'd of upwards of four Thousand pounds 

Councu^ °xx^^ ^^ Money which he has rec*^ for Taxes & Excise, and that Money is 
67 bis. House daily comeing into the Treasury from Constables, & others who are 
ourna , p. . j.^(jg]3^g(j ^q ^}-^q Government, which Money is appropriated for the 
Eedemption of the Governm* securityes payable the 20*'' January 
1754, & for no other Use whatever; Which Notes althd the Prov- 
ince are not Obliged to redeem untill the 20*'' Jan""}^ next stile. 
Yet as there is Money in the Treasury, it would be a saving to the 
Province to discharge them Sooner, but your Memorialist appre- 
hends, that He has no Authority to do it without the Direction of 
this Hon""'^ Court, Wherefore he humbly prays that your Excel- 
lency & Honours would give him such orders as your Excellency & 
Honours in your Wisdom shall see meet and as in Duty bound shall 
ever pray Harrison Gray 

Eead & 

Ordered that when at any time the Treasurer shall be possess'd 
of any Sum not less than One thousand Pounds of the Governm'^ 
Money appropriated for the Discharge of the Securities payable the 
20"^ of Jan^ next, he apply the same for discharging such Securities 
according to the Priority of their Dates, & that he give Notice in 
the publick Prints of the Dates of the Securities which he is ready 
to discharge And in Case the Possessors of such Securities shall not 
appear & demand Paym' within fourteen days after such Notice, that 
then & in such Case the Treasurer be directed to discharge any other 
• of such Securities as shall be offered him, And when any greater Sum 
shall be offered than he is able to discharge that he give the Prefer- 
ence to those of the prior Date. {Passed September 6. 



[2d Sess.] Province Laws {Resolves, etc.). — 1753-54. 35 



CHAPTEK 70. 

ORDER IN REGARD TO THE CHOICE OF A TREAS» FOR BRISTOL 

COUNTY. 

Whereas At the Court of General Sessions of the peace held Rlforlfof^the 
at Taunton for the County of Bristol on the Second Tuesday of council, xx., 

June Last, beinff the Court when the Votes for a County Treasurer Archives%iii., 

- - - ' - - - - _ - - jg^_ 



for Said County for the Current year ought by Law to have been 
opened and Sorted but on an omission of the Said Court the Said Q^Trf ee'^'^' 
Votes were not opened & Sorted, so that the Said County of Bristol 
are now Destitute of a Treasurer and must remain So the remain- 
ing part of the present year, without the Aid of this Court 

Therefore 

Ordered that the next Court of General Sessions of the peace 
to be holden at Taunton for the County of Bristol on the Second 
Tuesday of September Current open & sort the Said Votes for a 
County Treasurer, and that the Person that Shall appear (upon 
Sorting said Votes) to be Chosen Treasurer shall to all intents & 
purposes be Deemed & held the Treasurer for said County for the 
Current year as tho the Votes afors*^ had been opened and Sorted 
at the Said Court of General Sessions of the peace held there in 
June Last he Taking the Oath to Said office as by Law required. 
[^Passed Septemher 6. 



CHAPTEE 71. 

ORDER FOR RECORDING THE TREASURERS ACCO^ OF LAND AND EXCISE 

BONDS, &c*. 

An Accompt presented by M'' Harrison Gray Treasurer of this Legislative 
Province, of sundry Bonds in his Hands for Province Lands, also councif, xx., ^ 
Bonds of the Farmers of the Excise of Liquors, as also for the ArcWveT'ciii. 
Excise of Tea Ac'* with Weights & Measures &c^ ni- 

Eead and Mass. 

Ordered that the Secretary be directed to put the above written ^g^'^House""' 
Account '"and Reciepts on Record, {^Passed Se])teml)er 6. Journal, p. 66. 



CHAPTEK 72. 



VOTE ALLOWING TEN DOLLARS TO MAJOR EPHRAIM WILLIAMS FOR 
MONEY PAID FOR THE MOHAWK INDIANS. 

Voted that ten Dollars be paid out of the publick Treasury to Legislative 
Maf Ephraim Williams to discharge so much He paid to Henrick coundf,xx*.!'^ 
Chief of the Mohawks for his Expences at Johannes Valantines at "'1:^^11^^^^ 
Kenderhook and about one hundred other Mohawks with him when xxxu., 4i'i 
they came to Stockbridge upon the Invitation of this Government. House Jour- 
[Passed Septemler 6. °^'' »• ^^- 

* See Mass. Archives, ciii., 168. 



36 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 73-76.] 



CHAPTEE 73. 



VOTE FOR ADJOURNING THE COURTS OF BRISTOL COUNTY. 



Legislative 
Records of the 
Council, XX., 
76. Mass. 
Archives, 
xliii., 754. 

House Jour- 
nal, p. 69. 
Province 
Laws, iii., 64, 
Chap. 32. 



Whereas by Law the Court of General Sessions of the peace and 
Inf Court of Comon pleas for the County of Bristol was to have 
been holclen on the Second Tuesday of September instant, and many 
Concerned in Said Courts are members of the General Court, which 
it's probable will be Sitting at that Time Therefore 

Ordered that the Said Courts of General Sessions of the peace 
and Inf Court of Comon pleas, &° be and they hereby are adjourned 
to the Last Tuesday of October next, and all officers and others Con- 
cerned in Said Courts are to Conform themselves Accordingly: and 
all processes & other matters and things Depending in Said Courts, 
and which are by Law to be heard, Tryed & proceeded upon at Said 
Term, shall be heard, Tryed and proceeded upon on the Said Last 
Tuesday of October next and the Justices of Said Courts are hereby 
required to Conform themselves Accordingly. {^Passed September 7. 



CHAPTER 74. 



Legislative 
Records of the 
Council, XX., 
76. Mass. 
Archives, 
xxxii., 414. 

House Jour- 
nal, p. 67. 
Infra, chap. 75. 



VOTE ALLOWING £500 FOR PRESENTS TO THE EAST" INDIANS. 

Voted that the sum of five hundred pounds be applyed for pur- 
chasing Presents to be made this Year to the Indian Tribes in the 
Eastern parts of the Province. And that said Sum be taken 

out of the Effects of the Truck Trade in the Commissary Genl's 
hands. {^Passed September 7. 



CHAPTER 75. 

VOTE DESIRING THE GOV» TO APPOINT COMMISSk^ FOR DISTRIBUTING 
THE PRESENTS TO THE INDIANS. 



Legislative 
Records of the 
Council, XX., 
76. Mass. 
Archives, 
xxxii., 413. 

House .Jour- 
nal, p. 67. 
Supra, chap. 

74. 



Voted that His Excellency the Cap* Gen^ be desired (if He can- 
not attend himself) to appoint Commissioners to Meet with the 
several Tribes of Indians in such place, as He Judges proper as 
soon as may be in order to their distributing the annual Present 
to the said Indians in the most advantageous manner. [Passed 
Sejjtember 7. 



CHAPTER 76. 



Legislative 
Records of the 
Council, XX., 
76. Mass. 
Archives, 
cxix., 612. 

House Jour- 
nal, p. 67. 



VOTE IMPOWERING THE PROVINCE TREASURER TO SUE DELINQUENT 
FARMERS OF EXCISE. 

Ordered that the Province Treasurer pursue the Steps of the Law 
for recovering all such Sums of Money that are now due and of all 
other Sums of Money as they shall become due from the several 
Farmers of Excise within the Province. [Passed Septeinber 7. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 37 



CHAPTER 77. 

VOTE ALLOWING £200 FOR EXPENSES OF THE COMMISSIONERS TO THE 

EASTERN INDIANS. 

Voted that a Sum not exceeding two hundred pounds be allowed ^Ifordg'^f^jije 
out of the Effects of the Indian Truck Trade in the Commissary councu.xx., 
General's hands in order for the making suitable Provision &c for ArcWve8%iii., 

the Gentlemen that may be appointed by His Excellency to repair to Yih 

the Eastern parts of the Province to meet with the Tribes of Indians House Jour- 

^, ^ nal, p. 68. 

there Ante,\^.z%, 

The &^ Gentlemen to be accountable, \^Passed September 7. chap. to. 



CHAPTEE 78. 

ORDER SETTING OFF DIVERS POLLS AND ESTATES TO THE SOUTH 
PARISH OF IPSWICH. 

A Petition of Thomas Berry Esq' Andrew Burleigh & Samuel ' R|fords"onhe 
Appleton a Committee of the South Parish in Ipswich, shewing that council, xx., 
according to the Order of this Court in April last they have with the ArcWve^^iii., 

Assistance of Mess" Nathaniel Averil, Thomas Gage & Humphrey ^ 

Hobson (a Committee in Reserve appointed by this Court) and in Mass. 

ArcliivGB sill 

Concurrence with a Committee of the first Parish in the said Town, 425-429. House 
settled a List & divided the Polls & Estates lying within the Limits Svfnce^" ^^'' 
of the first & South Parishes, & ascertained the Polls & Estates Laws, xiv., 703, 
which are to belong to each Parish for the future, Praying that ^ ^^' 
the said List herewith presented may be allowed & confirmed to 
constitute the said South Paris 

Read & 

Ordered that the Polls & Estates contained in the List herewith 
presented ' be & they are hereby declared to belong to the South 
Parish in Ipswich for the future; And also all the Lands within the 
said Parish owned by People living in Boxford, Newbury Rowley & 
Salem (excepting Cross & March's Lands) together with the Lands 
of John West deceased ; And that all Proceedings in the said Parish 
heretofore shall be deemed & held valid ; And they are hereby ratified 
& confirmed to all Intents & Purposes whatsoever. \_Passed Septem- 
her 7. 



CHAPTER 79. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK 

COUNTY. 

An Accompt presented by Edward Winslow Esq"" Treasurer of Rlf^^rlKthe 
the County of Suffolk for the last Year, having been by him laid council, xx., 
before the Court of General Sessions for the said County & by them Archfve^s^,' 
allowed ; ccxiyiu., 62. 

Read and House Jour. 

nal, pp.8, 67. 

* Mass. Archives and the State Library copy, Legislative Records of the Council, xx., 
74, give this name " Joseph Appleton." 
» See Mass. Archives, xiii., 427-429. 



38 



Province Laws {Resolves, etc.) . — 1753-54. [Chaps. 80-82.] 



• Ordered that the within Ace*' be allowed and that the Ball* thereof 
being three Shillings and eleven pence the said County is Account- 
able to said Treasurer for. [Passed 8e2)temher 7. 



CHAPTER 80. 



Legislative 
Records of the 
Council, XX., 
77. Mass. 
Archives, 
cxix., 611. 

House Jour, 
nal, p. 69. 



ORDER GRANTING TO ELIJAH PORTER LICENCE TO SELL STRONG DRINK. 

A Petition of Elijah Porter of ToiDsfield, shewing that he is 
well furnished for retailing Strong Drink, and his House well sit- 
uated for it, Therefore Praying that the Court of General Sessions 
of the Peace for the County of Essex may be impowered at their 
next Session to grant him a Licence accordingly. 

Eead and 

Ordered that the Justices of Gen^ Sessions of the Peace for the 
County of Essex be allowed to grant the Pef a Licence (if they 
see cause) the remaining part of the Year to retail strong Liquors. 
He first obtaining the approbation of the Select men of s'^ Tops- 
field for that service, the time for granting Licences being elapsed 
notwithstanding, [Passed Scptemler 7. 



CHAPTER 81. 

ORDER CONFIRMING A PLAN OF 3,500 ACRES LAND GRANTED TO THE 
PROPRIETORS OF NARRAGANSET N" 4. 



Legislative 
Records of the 
Council, XX., 
77. Mass. 

Archives, 
cxvi., 404. 

Mass. 
Archives, 
cxvi., 404-407. 
House Jour- 
nal, pp. 45, 69. 
Province 
Laws, xii., 647, 
chap. 176. 



A Petition of Samuel Eobinson in behalf of the Proprietors of 
Narraganset Township Number four, lying at a Place called Quabin, 
& part West of Hatfield & adjoining to it. Praying that a Plat of 
Three Thousand five hundred Acres of Land, herewith exhibited, 
(laid out by Nathaniel Kellog & Chainmeu on Oath), may be con- 
firmed to the Proprietors of said Township, to fulfill a Grant of 
3,500 Acres of Land made to them by this Court, 

Eead and 

Ordered that the Prayer of this Pet" be granted and the lands 
delineated in the Plan herewith exhibited are confirmed to the Pro- 
prietors abovementioned their Heirs and Assigns Provided the Plan 
does not interfere with any former Grant nor does not exceed the 
quantity mentioned. [Passed September 7. 



CHAPTER 82. 



Legislative 
Records of the 
Council, XX., 
78. Mass. 
Archives, 
Ixxiv., 114. 

Mass. 
Archives, 
Ixxiv., 113. 



ORDER ALLOWING £8. 19. 9i TO BENJAMIN MITCHELL AND LAZARUS 

NOBLE. 

A Memorial of Benjamin Mitchell & Lazarus Noble setting 
forth the Treatment they had from the Governour of Canada, 
when they went to redeem their Children from Captivity, Avhich 
they could not effect, & Praying that they may be allowed out of 
the Treasury their extraordinary Expence in this Affair. 

Eead and 



[2d Sess.] Province Laws (Hesolves, etc.). — 1753-54. 39 

Ordered that the Prayet of this Pet'' be granted, and the Pet" House Jour- 
are hereby allowed the Sum of £8.19.91/^ out of the publick Treas- AniF,'p.i2, 
ury accordingly. [Passed Septemher 7. "^^^^^ ^^• 



CHAPTER 83. 

ORDER ERECTING NATHi- DONNEL & OTHERS OF GEORGETOWN WITH 
THEIR ESTATES INTO A SEPARATE PRECINCT. 

A Petition of Nathaniel Donnel & others, Inhabitants of those Legislative 
Lands on Kenebeck River' on the West Side thereof, which were councif, xx*^^ 
formerly by Order of the General Court annexed to George Town, ^. Mass. ' 
shewing that being now increased into the Number of Forty Fam- 4i4. '' '' 
ilies, they find great Inconveniences in attending the publick Wor- Mass. 
ship there. Praying that they may be set ofE as a distinct Parish, ^o'^'^Le^'i^ia'."' 

Read with a Copy of the Vote of the Inhabitants of George tive Records 
Town pass'd at a Meeting held the 10*^ of July last; And it ap- xx.,86. ^'houbc 
pearing that they had no Objections to make thereunto; n)"^™n'vin'^^' 

Ordered xhaX the Petitioners & their Lands as bounded in the Laws, xii., 4^9, 
Petition be set off as a separate & distinct Parish or Precinct, And '^^^^' ^^' 
that the Inhabitants enjoy & be vested with the Powers & Privileges 
of other Precincts in this Province. [Passed SeiAemher 7.^ 



CHAPTER 84. 

VOTE IN REGARD TO THE INNHOLDERS & RETAILERS IN ESSEX 

COUNTY. 

Whereas Sundry Persons in the County of Essex who had Ob- ^^si^!?*^*"^!^, 

• "^ -KGCorcts or tiiG 

tain'd the Approbation of the Selectmen of the respective Towns Council, xx., 
to which they belong to be Inholders & Retailers of Spirituous ArcWves!' 
Liqu" and likewise licens'd by the Justices of the Gen'' Sessions cxix., 6i3. 
of the peace for said County at the Time prescrib'd by Law for House Jour- 
that purpose. Have inadvertantly Elaps'd the Time of Recogniz- "^ '^^" ' 
iug Therefore 

Ordered that the Justices of said Sessions be and hereby are Im- 
power'd to take Their Recognizances at their next Sessions within 
t& for said County the time therfor being Elaps'd Notwithstanding. 
[Passed Septemier 8. 



CHAPTER 85. 

ORDER CALLING A MEETING OF THE PROPRIETORS OF THE WEST 
TOWNSHIP OF HOOSUCK. 

A Petition of Isaac Wyman, Allen Curtis, and others for them- Legislative 
selves & others Proprietors of the West Township at Hoosuck, lately counctf, xx*?® 

^ "Bounded Southerly on Winneganse River, Easterly on Kennebeck River, Westerly 
on Stevens's River, & Northerly on Merry Meeting Bay." — Legislative Records of the 
Council, XX., 86. 

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



40 



Province Laws (Besolves, etc.). — 1753-54. [Chap. 86.] 



79. Mass. 
Archives, 
cxvi., 420. 



Mass. 
Archives, 
cxvi., 419. 
House Jour- 
nal, p. 74. 
Province 
Laws, xiv., 379, 
chap. 297. 



sold by the General Court, shewing that their settling Lots are laid 
out, and they are bringing forward Settlements on the said Land; 
but they find themselves much retarded therein, for want of Power 
to call a Proprietors Meeting, and transact therein such Matters as 
may be judged necessary to forward the Settlement, Therefore Pray- 
ing this Court would enable them to call a Proprietors Meeting &c* 

Read & 

Voted that William Williams Esq"" one of his Maj® Justices of the 
peace for the County of Hampsh'' Issue his Warrant for Calling A 
Meeting of the proprietors of the West Township at Hoosuck So 
Called Directed to one of the principal proprietors of S'^ Township 
Eequiring him to Set Up a Notification in Some publick place in 
S^ Township Setting forth the time place and Occasion of S'^ Meet- 
ing fourteen days before hand which Meeting Shall be holden in 
S*^ Township And Such of the proprietors as Shall be present at 
S*^ Meeting Are hereby Authorized & Impowered by A Maj'' Vote 
to Determine Upon A Division of All or part of the Lands In S*^ 
Township Not Already Allotted Also Chuse a Com*^® or Com^^*^ 
to lay out the Same Also to raise Moneys to defrey the Charges that 
may Arise by Means of laying out S*^ Lands Also for Clearing High 
ways As Also to Chuse A proprietors Clerk Treasurer Assessors & 
Collectors & Also to Agree & Determine Upon A Method of Calling 
Meetings of S"^ Proprietors for the future, [Passed September 10. 



CHAPTEE 86. 



ORDER ON THE PET^ OF JOHN STEEL ESQ^ IN REGARD TO AN IN- 
VENTORY OF AN ESTATE. 



Record"onhe ^ PETITION of John Steel of Boston shewing that in the Year 
Council, XX., 1742, he & Mary his Wife late Widow of Temple Nelson Dec^ ex- 
Archive^s^,' hibited an Inventory of his Estate, & made Oath thereto before 

^'-'^' ^- the then Judge of Probate for the County of Suffolk; but it so 

Mass. ^ happens that the said Inventory is lost & not recorded. Praying 

xix., 5. House that the Petitioner who has a Copy of the said Inventory, taken 

Journal, pp. 71, ^^ ^^iQ Time when exhibited, may be admitted to make Oath to it 

before the present Judge, and that the same may be allowed of & 

put on Eecord in the Said Office. 

John Otis Esq"" in behalf of the Committee appointed to Consider 
of the foregoing Petition, having made Verbal Report that they are 
of Opinion that the Prayer of the Petition be granted; Therefore 

Ordered, that the Judge of Probate for the County of Suffolk, 
be and hereby is impowered and directed to receive of the Peti- 
tioner the Inventory within refer'd to, Taking his Oath that it is 
a True Copy of the Inventory formerly Exhibited to Josiah Willard 
Esq^ then Judge of Probate for the said County; and that the Reg- 
ister of Wills be also directed to record the same in the Registry of 
the Probate Office. [Passed September 10. 



[2d Sess.] Province Laws (Hesolves, etc.). — 1753-54. 41 



CHAPTER 87. 

ORDER GRANTING TO WILL^ BAILEY LICENCE TO SELL STRONG DRINK. 

A Petition of William Bailey of Amesbury, Retailer, shewing Legislative 
that being at Sea at the Time for granting Licences for selling counc'if, xx.^^^ 
strong Drink in the County of Essex, this present Year, he lost ^"- Mass. 
his OiJi^ortunity of renewing his Licence, Praying for Liberty to cxix.,6iu'. 
do it at the next Court of General Sessions of the Peace for said House Jour. 

County, nal,pp.S5,86. 

Eead & 

Voted that the prayer of the jjetition be Granted and that the 
Court of Gien' Sessions of the peace for the County of Essex to be 
Holden at Newberry on the Last Tuesday of September Currant 
be & hereby are Impowered (if they see cause) to Grant Licence 
to the s*^ W™ Bayley to be A Retailer of Spirituous Liquors Li the 
Town of Almberry y® remaining part of y® year Upon his Obtain- 
ing An Approbation from the Select Men of the S'' Town the time 
for (rranting Licenses being Elapsed Notwithstanding. [Passed 
September 11.^ 



CHAPTER 88. 

VOTE APPOINTING A CO>F«= FOR BURNING BILLS OF CREDIT. 

In the House of Representatives Legislative 

Voted that M^ Speaker M^ Wells M^ James Russel M^ James Bow- councn. xx!,^^ 
doin & M' Fletcher with Such <is the Hon^'^'« Board Shall Joyn be i^j-chf^^^^ciii. 
a Com''^ in the Recess of the Court to tell up the province Bills & iso. 
Goverment Securities in the Treasurers hands And Consume them House Jour. 

to Ashes nal,p.74. 

In Council Read and Concur'd & John Osborne, Jacob Wendell, 
Samuel Watts, John W^heelwright & Andrew Oliver Esq" are joined 
in the Affair. [Passed September 11. 



CHAPTER 89. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 

COUNTY. 

An Accompt presented by Daniel Appleton Esq'' Treasurer of the Legislative 
County of Essex for the last Year; Having been by him laid before councif "xx*^.^^ 
the Court of General Sessions of the Peace for the said County, & §2. Mass. 

1 . , n T *' Archives, 

by them allowed. ccxiviii., ei. 

Read and House Jour- 

Ordered that the within Acc*^ be allowed and that the Bal' thereof nai.pp.s.e;. 
being forty one pounds Seven Shillings and eleven pence the within 
named Treasurer is further Accounta^^ to said County for. [Passed 
September 11. 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is September 7. The House Journal order, which is incomplete, is under 
date of September 13. 



42 



Province Laws {Resolves^ etc.). — 1753-54. [Chaps. 90-92.] 



Legislative 
Kecords of the 
Council, XX., 2. 
Mass. 
Archives, 
cxvi., 326. 

Mass. 
Archives, 
cxvi.,323-335. 
Maps and 
IMaus, Mis., 
xxxii., 24. 
Legislative 
Records of the 
Council, XX., 
83. House 
Journal, p. 124 
(March, 1753) ; 
pp. 22, 36, 44, 70, 
74. 



CHAPTEK 90. 

ORDER SETTING OFF DIVERS PERSONS AND THEIR ESTATES FROM 
BROOKFIELD TO THE PARISH IN THE DISTRICT OF SPENCER. 

A Petition of George Harrington jun"" William Gill, Joshua 
Harrington, & David M^Cluer, Inhabitants of Brookfield, praying 
that they & their Estates may be included in the District, proposed ' 
to be taken out of the said Town. 

Eead & 

Ordered that the prayer of the pet° be So far granted as that the 
pet" and that part of their Estates Mentioned in the pef^ be Annexed 
to the parish in the District of Spencer there to do duty & Eeceive 
parish priviledges During the Courts pleasure. \_Passed Seijtember 11. 



CHAPTEK 91. 



VOTE IMPOWERING THE SOUTH PARISH IN MALDEN TO ' CALL A 
MEETING TO CHOOSE A COLLECTOR. 

Legislative ^^^ ^ PETITION of the South Precinct in Maiden, shewing that they 
councif,xx., ^ chose a Collector at their Meeting in March last, but he neglecting 
ArchYvet'cv., to take the Oath in time, the Election is void. Praying that they 

^^^- may be impowered to chuse a Collector. 

Mass. Eead & 

443° Housr'' Voted that the parish within mentioned be and hereby are Impow- 
journai,pp.73, ^^.^^i ^^ Qj^|^ ^ Meeting of S^ Parish in order to Chuse a Collector 
for the present Year which Choice Shall be held good & Valid to 
all Intents & purposes the time for Such Choice being Elapsed Not- 
withstanding. {Passed September 11. 



CHAPTEK 92. 



Legislative 
Records of the 
Council, XX., 
83. Mass. 
Archives, 
Ixxiv., 109'=. 

Mass. 
Archives, 
Ixxiv., 110. 
House Jour- 
nal, pp. 74, 75. 



VOTE ALLOVv^ING £3 AND 40/ ANNUALLY TO DANIEL JOB. 

A Petition of Daniel Job an Indian, setting forth his many 
Services in the late Wars against the French & Indians, and that 
by Eeason of Age & Blindness he is unable to provide for himself. 
Praying for Eelief, from this Court. 

Eead & 

Voted that the Sum of Three pounds be Allowed the pef out 
of the province Treasury for the time past and for the future he 
be Allowed the Sum of Forty Shilling f? Annum to be paid into 
the Hands of the Guardian of the Indians In the West part of the 
County of Barnstable for the pet" Use during the Courts pleasure. 
{Passed Septemlier 11. 

1 Mass. Archives, cxvi., 323, states that this "Request on the 30"i of Last January" 
was "to the selectmen of Said Brookfeild," etc. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 43 

CHAPTEK 93. 

RESOLVE ADDING £666. 13. 4 TO THE APPROPRIATION FOR GRANTS. 

Whereas the Sum of five Hundred pounds Sterling was granted Rgford^of the 
by this Court at their Session in Dec'' 1752 to M' Agent Bollan to council, xx., 
be paid out of the publick Treasury to Enable him to sollieit the ArcWvls^xi., 

Affairs of this province at the Court of Great Brittain he to be H£^ 

Accountable In Consequence of which Vote Charles Apthorp Esq' ^°i^^^f f?^- 
as Attorney to S'^ Bollan* has Obtained a Warrant Upon the prov- Province' 
ince Treasury for the Sum of £500 Sterl? Drawn upon the Appro- Jifa'^'-gf ;!iv.J' 
priation of 3,500 for Grants Agreeable to a Supply Bill made & 662, chap. 84.' 
passed by the General Court at their session at Concord May 1752 
which Appropriation is Exhausted and there being no other Ap- 
propriation in s'^ Supply Bill from which a Transfer can be made 
And as there is a Necessity for the Interest of this Government 
that the money Should be Immediately remitted S<^ Agent And as 
there are Considerable Sums of Money which will be due to the 
province in a Short time for Lands Sold which will come into the 
Treasury and which as Yet is Not Appropriated for Any Use What- 
ever Therefore 

Resolved that the Sum of 666.13.4 part thereof be Added to 
the appropriation of Grants & Apply'* for that purpose and that 
the Treasurer be directed to discharge S*^ Warrant Accordingly. 
\_Passecl SeiJtemher 11. 



CHAPTER 94. 

VOTE IN REGARD TO THE SETTLEMENT OF THE ESTATE OF PHINEAS 

ASHLEY DECD. 

A Petition of the Heirs of Phineas Ashley of Westfield DeC^ Srdsonhe 
shewing that the Circumstances of the Deceaseds Estate are such council, xx., 
as make it necessary that it should be sold, and therefore Praying ArcMves^xix., 

that the Guardian of the Children of Ebenezer Ashley dec*^ who ^^ 

are Minors may be impowered to Join with the Rest of the Heirs in ^^^Mves, xix., 
the Sale of the Eeal Estate of the said Phineas Ashley, ii. House 

r-r, -\ a -\ Journal, pp. 69, 

[Eead &J 85. 

Voted that Noah parsons Guardian to the Children of Eben' Ashley 
Deceased be & hereby is fully Authorized & Impowered to Joynwith 
Jonathan xishley Mercy Dewey Josiah & Lydia Pumroy & any Others 
that may be Concerned in Making An Agreement with Margaret 
Ashley for her Eight of Dower in the Estate of Phinehas Ashley 
within Named Deceased And after they have paid the Sum they 
may Agree with her for to take her Discharge which Shall be a 
final Barr to Any Action She might have had for her Dower in 
the Estate of S'l Phinehas Ashley And that the Said Noah Parsons 
Guardian As Afores"^ be further Authorized & Impowered to Join 
with the S'^ Jonathan Ashley Mercy Dewey Josiah & Lydia Pumroy 
& any others that may be concerned In Making Sale of the Whole of 
the Eeal Estate the S'^ Phinehas Ashley died Seised of & in making 
& Executing Ample Conveyances in the Law of the Same to the 
person or persons to whom it may be Sold Provided the S'^ Noah 
Guardian as afores'^ give Caution to the Judge of Probate of wills 



44 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 95,96.] 



&c in the County of Hampshire for Such part of S"^ Estate as may 
belong to the Children of the S*^ Eben'' Ashley Deceased. \^Passed 
Seiitember 11. 



CHAPTER 95. 



Legislative 
Records of the 
Council, XX., 

86. M.ass. 
Archives, 
xllii., 769. 

House Jour- 
nal, p. 75. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
AARON PLUMMER FOR A NEW TRIAL. 

A Petition of Aaron Plummer of Scarborough in the County of 
York, Complaining of great Unfairness and of Wrong done in the 
Management of a Trial at the Superiour Court in said County be- 
tween him & William Wentworth of Kittery, Praying that he may 
be admitted to a new Trial, and that Execution on the Judgment 
in the mean time be stayed, 

Read & 

Ordered that the pef Serve the Adverse party with a Copy of this 
pet° that he Shew Cause (if any he hath) on the Second Thursday 
of the Next Sitting of the Court Why the prayer thereof Should 
not be granted k that the Execution be Stayd in the Mean time 
provided the pef give Sufficient Security to the Sherriff of the 
County of York for Such Sum as may be found finally due from 
the pef to the S'' W"' Wentworth. ^Passed September 11. 



CHAPTER 96. 



Legislative 
Records of the 
Council, XX., 

86. Mass. 
Archives, i., 
239. 

House Jour- 
nal, p. 79. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PET^^ OF OLIVER 
ELLIS & OTHERS FOR A NEW TRIAL OF A CAUSE. 

A Petition of Oliver Ellis for himself & about Eighty others In- 
habitants of Medfield & Medway and Proprietors of certain Medows 
on Charles Eiver, shewing that at the Superiour Court for the County 
of Suffolk, in an Action between the Petitioners & Mathew Hast- 
tings, he obtained a Judgment against said Proprietors purely on 
Mis construction of the Evidence, Praying for another Trial, 

In Council Eead and 

Ordered that the Petitioner serve the adverse Party Matthew Hast- 
ings with a Copy of this Petition ' that he shew Cause (if Any he have) 
on the first Tuesday of the next Sitting of this Court why the Prayer 
thereof should not be granted 

In the House of Eepresenf 

Read «& Concurred with the Amendment [to wit] And that the 
Execution be Stay d in the Mean time provided S*^ Ellis Give Suffi- 
cient Security to the Sheriff of the County of Suffolk for Such Sum 
as the S^ Math"^ Hastings may finally recover Against him. 

In Council. Read »& Concur'd. \_Passed September 11. 

^ At the hearing December 7, 1753, this petition was dismissed. — Mass. Archives, i., 240. 



[2d Sess.] Province Laws (Besolves, etc.), — 1753-54. 45 



CHAPTEK 97. 

ELECTION OF COMMISS^^ TO TREAT WITH NEW YORK COMMISSIONERS. Legislative 

Records of the 

This being the Day appointed for the Election of Five Com- 87. 
missioners to meet & treat with Commissioners from the Govern- Legislative 
ment of New York, on the DifEerences relating to the Boundaries coSncif, xx':f^ 
between the two Provinces, the following Persons were duly elected House^jour- 
by the Major Vote of the Council, & House of Representatives, viz*' nai,pp.7s,79, 
Samuel Welles, John Chandler, Thomas Hutchinson, James Otis, p! le^chapf 20. 
and Oliver Patridge, Esq". [Passed Sejjtember 12. 



CHAPTEK 98. 

ORDER ALLOWING £100 TO MESS^^^ TIMOTHY WALKER AND BENJAJMIN 

ROLFE. 

A Petition of Timothy Walker & Benjamin Rolfe for themselves Legislative 
& others. Proprietors of the Town of Rumford, formerly granted councif xx!^^ 
& settled by this Province, shewing that since the late stating & ^- Mass. 
runing the Boundary Line between this Province & New Hamp- 135. ' '' 
shire (whereby the said Town was taken into the Province of New Mass. 
Hampshire), notwithstanding his Majesty's Declaration, that the ^g^^'^Legisia- 
Settlement of the said Line should not effect private Property, the tive Records of 
Petitioners are continually molested by Law Suits, and their Land xx., 87"°Ho'use 
unjustly taken away from them, and for as much as they are not go.'^'wm ^Lap^ 
able to bear the Charge of Appeals or Complaints to His Majesty, ham's History 
Praying for Relief from 1;his Court. p. 5, ' 

Read & 

Ordered that the Sum of One Hundred pounds Sterling be Allowed 
«& paid out of the publick Treasury to Enable the petitioners to pros- 
ecute the Affair Mentioned In the petition they to be Accountable 
therefore to this Court. [Passed September 12. 



, XX., 



. CHAPTER 99. 

ORDER IMPOWERING ELIPHALET WESTON, GUARDIAN, TO SELL REAL 

ESTATE. 

A Petition of Eliphalet Weston, Guardian to Mary & Orphan Legislative 
Peterson, Minors, Children of Daniel Peterson, late of Duxborough councff.x: ^'^^ 
dec'^ shewing that by Reason of the Expence he has been at for the sj. Mass. 
Support of the said Orphans, their Estate falls in Debt to him more xix., i. ' 
than the Personal Estate will pay : Praying that he may be enabled House Jour- 
to sell so much of the Real Estate as will be sufficient to discharge nai,pp.7i,84, 
the said Debt. 

Read & 

Ordered that the Prayer of the Petition be granted & that the 
Petitioner be & he hereby is Impowered to make Sail of So much of 
the Real Estate of the minors under his Guardianship as Amounts 



4G 



Province Laws (i?e6-o/ves,e^c.). — 1753-54. [Chaps. 100,101.] 



to Seventeen Pounds Nineteen Shillings being the Ballance due to 
him Viz' out of the Real Estate of Orphan Peterson, Ten Pounds 
fifteen Shillings & Ten pence half Penney & of the Real Estate of 
Mary Peterson Seven pounds Three Shillings & one Penney half 
Penney Besides the Charges of Sail & that the Said Petitioner 
Guardian as afors*^ observe the Same Rules & Directions as is 
Given in the Law for the Sale of Lands for the Payment of Debts 
and that he be accountable to the Judge of Probate for the County 
of Plymouth for his Proceedings & that the Said Guardian be Im- 
powered to give a Sufficient Deed or Deeds of So much of the Real 
Estate of his Wards as Shall answer the aforesaid Purposes. [Passed 
September 12. 



CHAPTER 100. 



Legislative 
Records of the 
Council, XX., 
SS. Mass. 
Archives, 
cxvi., 465. 

House Jour- 
nal, pp. 80, 81. 



ORDER IMPOWERING THE SELECTMEN OF DIGHTON TO CALL A TOWN 

MEETING. 

A Petition of William Ware in behalf of the Select Men of 
Dighton for the Year 1752, shewing that sundry Officers chosen 
by the said Town at their Meeting in March neglected to take the 
Oath of Qualification, that their Meeting was adjourned untill June, 
that by Reason of the Sickness of the Moderator at that time it 
failed. Praying that this Court would impower the said Town to 
have another Meeting for the Choice of their Officers, 

[Read &] 

Ordered that the Select-men of the Town of Dighton for the 
year 1752. be and hereby are Directed & impowered to issue their 
Warrant Directed to M"" Benjamin Jones of said Dighton to Call 
a Town meeting as Soon as may be to make Choice of the Several 
Town officers for the year Current Avhich .should have been Chose 
in the month of March Last & the Said Benjamin Jones is hereby 
impowered & required to notify the Inhabitants accordingly and the 
Said Town officers when Chosen shall be as much impowered & obliged 
(to all intents & purposes) To Serve in the Said offices, to which they 
Shall be respectively Chosen as though they had been Chosen in the 
month of March Last. [Passed September 12. 



CHAPTER 101.- 



Legislative 
Records of the 
Council, XX., 
88. Mass. 
Archives, cxi., 
269. 

House Jour- 
nal, p. 80. 



ORDER GRANTING TO JOSEPH MILLEKEN LICENCE TO KEEP AN INN. 

A Petition of Joseph Milleken of Biddeford in the County of 
York, shewing that he is conveniently situated for keeping a House 
of publick Entertainment, and praying that the Court of General 
Sessions of the Peace for said County may be impowered at their 
next Term to grant him a Licence. 

Read And 

Voted that the prayer of the pet° be So far granted that the Jus- 
tices of the Gen' Sessions of the peace for the County of York at 
their Next Term be & hereby are Authorized & Impowered if they 
See fit to grant Licence to the to the ' pef to keep a house of Pub- 

1 Sic. 



[2d Sess.] Province Laws {Resolves, etc.). — 1753-54. 47 

lick Entertainment in the Town of Biddeford he first Obtaining an 
Approbation from the Select men of S'^ Town the time for Granting 
of Licences being Elapsed Notwithstanding. [^Passed Se^itemier 12. * 



CHAPTEK 102. 

ORDER ON THE PETITION OF KATHERINE SACHEMUS, INDIAN, IN RE- 
GARD TO A BOUNDARY LINE. 

A Petition of Katherine Sachemus of Tetticut, Indian, complain- Legislative 
ing of Encroachments made upon her Lands in the said Place, more councif xx*.'^^ 
especially with respect to Lands purchased by Nehemiah Washburn ^- Mass. 
of one James Thomas; Praying that this Court would appoint the xxxii., 4io. 
Guardians of the Indians or some other Person to settle the divid- Mass. 
ing Line, between the Lands of the Petitioner and the Lands of the xxxiP 409 

said Washburn. House' Jour- 

p -10 nal, p. 80. 

xteau. cC Province 

Ordered that the Guardians of the Teticut Indians Together with ^ifap^'ul^Ti*!"' 
Cap Sam' White Run the Line & Ascertain the bounds of the pet" chap] 221.' 
Laud within mentioned. [^Passed Seiitemher 12. 



CHAPTER 103. 

VOTE IMPOWERING MARG^ GIDDINGS, ADM^, TO EXECUTE A DEED. 

A Petition of Margaret Giddings, Widdow & Administratrix of ^gforlfof the 
Job Giddings late of Ipswich Dec'^ Praying that She may be enabled council, xx., 
to give a Deed of Ten Acres of Land, Avith Buildings thereon, in Archfve^s^," 

Ipswich, unto William Goodhue of said Place, which her late Hus- ^^x.. 3. 

band had obliged himself in his Life time to do upon Conditions, Mass. 
Which the said Goodhue is willins: to perform. xix°., 2!^^House 

Read & " Journal, p. 77. 

Voted that the prayer of the petition be granted and that the 
S^ Margaret Giddings in her Capacity of Aclm=' be & hereby is Im- 
powered to give as Good & Sufficient Deed of Conveyance of the 
Land Mentioned In the pet" to the S*^ W™ .Goodhue as Job Giddings 
the Husband of the S*^ Margaret Who is Deceased Might Or Could 
have done were he now Living She giving Caution to the Judge of 
Probates for the County of Essex that the money Arising by the S*^ 
Conveyance be Secured for the benefits of the Heirs of the S'' Job 
Giddings. \^Passed Septeiiiber IS."^ 

^ The date of the final concurrence in the Council is given in Mass. Archives as Septem- 
ber U, evidently a mistake, as the same order states that its reading in the House occurred 
on September 12. 

- This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is September 11. 



48 



Provence Laws (Besolves, etc.). — 1753-54. [Chaps. 104-106.] 



Legislative 
Records of tlie 
Council, XX., 
90. Mass. 
Archives, vi., 
142. 

House Jour- 
nal, p. 87. 
Province 
Laws, xiv., 460, 
chap. 128. 
Ante, p. 32, 
chap. 67. 



CHAPTEK 104. 

ORDER IMPOWERING JOHN CHANDLER, ESQ", TO DEMAND COPIES FROM 
CONNECTICUT RECORDS OF PAPERS IN REGARD TO BOUNDARY LINE. 

Ordered that John Chandler Esq' be impowered & directed to 
demand Copies from the proper Offices in the Colony of Connect- 
icut of all Papers & Records relating to the Settlement of the Line 
between this Province & the s*^ Colony; & that in Case any such 
Copies shall be refused to be delivered that the said John Chandler 
Esq' do there demand the same by a publick Notary, or in the Pres- 
ence of two Witnesses, & that he take Care to cause the Evidence 
of such Demand & the refusal thereupon to be duly authenicated. 
[Passed Sejjtemher 13. 



CHAPTEK 105. 



Legislative 
Records of the 
Council, XX., 
91. Mass. 
Archives, 
xix., 4. 

House Jour- 
nal, p. SI. 



VOTE IMPOWERING THE JUDGE OF PROBATE TO DIVIDE ESTATES LEFT 
TO THE CHILDREN OF JOSEPH SAWYER, DECEASED. 

A Petition of Oliver Moore & John Prescot, Guardian of the 
Children of Joseph Sawyer jun' dec*^ shewing that the said Chil- 
dren have Lands, left them by their Father & other Lands left 
them by their Grandfather, both of Lancaster, that it will be very 
inconvenient to have the said Lands assigned them in seperate 
Divisions, therefore Praying that the Judge of Probate for the 
County of Worcester may be directed to make the Division as of 
one single Estate. 

Read & 

Voted that the prayer of the petition be granted And that the 
Judge of Probates for the County of Worcester be & hereby is Im- 
powered to give out his Commission Ordering the Lands Mentioned 
in the petition to be Equally [divided] ' between the Heirs of Joseph 
Sawyer Mentioned in the petition in the Same Manner as tho the 
Lands had Descended to them from their Father Exceepting only that 
the Eldest Son have a Single Share Equal to one of the Other Heirs 
of that Land that was given to them by their Grandfather In as 
much as it Appears by the Deed Exhibited that it was to be Equally 
Distributed Among all of the S*^ H". [Passed September 13. 



CHAPTER 106. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
THOMAS FLETCHER TO ENTER AN APPEAL. 



Legislative 
Records of the 
Council, XX., 
91. Mass. 
Archives, 
xliii., 757. 

Mass. 
Archives, 
xliii., 755. 



A Petition of Thomas Fletcher of Boston Merchant, shewing 
that at the Inferiour Court of Common Pleas for the County of 
Suffolk, held in July last, Judgment was given against him (by 
Reason of the Absence of his Attorney) in an Action brought 
against him by George Ruggles on a protested Bill of Exchange, 
which had been endorsed over to the said Ruggles; Praying that 

* Inserted from Legislative Records of the Council, xx., 91. 



[2d Sess.] Province Laws {Resolves, etc.). — 1753-54. 49 

he may be allowed his Appeal to the next Superiour Court, & Ex- House Jour- 
edition stayed in the mean time. nai, p. 68. 

Read and 

Ordered that the Pef serve Cap' Joshua Loring with a Copy of 
this Pet° that so He shew cause if any He hath on the first fryday 
of the next Sitting of this Court why the Prayer thereof should 
not be granted And Execution is Stayed in the mean time Pro- 
vided the Pef" give sufficient Caution to the Sheriff of the County 
of Suffolk to pay such Sum as shall finally be Judged due on this 
Affair. \^Passed September 13. 



CHAPTEE 107. 

ORDER ALLOWING £10 TO JOSIAH LOOMIS. 



A Petition of Josiah Lomis of Tacknachg setting forth his Legislative 
great Sufferings & Losses by Reason of his maintaining the Right councif xx!^^ 
of this Province to Lands lying on the Western Borders, & pray- 9i- Mass. ' 
ing that this Court would take uj)on them to manage his Suits in us. ' '' 



the Law on this Account, or defray the Charges he is or may be Mass. 

flf flTPrpin Archives, vi., 

at tnerem. ^^ ^^^^^ 

[Read &J Journal, pp. SC 

Voted that the sum of Ten pounds be Granted to the pet' In Order ^ ' ^^' 
to Support him in Carrying on his Action of Trespass Against the 
Van Dusars To be put into the Hands of John Worthington Esq"^ 
he to be Accountable for the Same. [Passed September 13. 



CHAPTEE 108. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
NATHi- SPARHAWK TO BRING FORWARD A WRIT OF REVIEW. 

A Petition of Nathaniel Sparhawk of Kittery Esq' shewing in Legislative 
an Action between him & M"" Benjamin Colman on one part and councif xx*^^ 
Andrew Knox on the other; tried at the last Superiour Court in 9i. Mass.'"' 
Boston, by Reason of the Absence of their Attorney, Judgment xim'^.^Tee! 
went against them. Praying that Execution may be stayed upon ^ii[^, 
the Petitioners giving Bond to review the said Cause at the next A^9^^I^?'..„ 

n j_ o o xliii., 764-768. 

Lourt: House Jour- 

Read & nal,p.84. 

Voted that the pet' Serve the Adverse party And"^ Knox with A 
Copy of this pet° that he Shew Cause (if Any he have) Upon the first 
Tuesday of the Next Sitting of the Court why the prayer thereof 
Should not be granted & that the Execution and all processes in s'* 
Cause be Stayed in the Meantime. \^Passed September IS. 



50 



Province Laws {Besolves,etc.). — 1753-54. [Chaps. 109-111.] 



Legislative 
Records of the 
Council, XX., 
92. Mass. 
Archives, 
cxvi., 4'22. 

Mass. 
Archives, 
cxvi., 421. 
House Jour- 
nal, pp. 72, 82. 



Legislative 
Becords of the 
Council, XX., 
43. Mass. 
Archives, 
cxvi., 396. 

Mass. 
Archives, 
cxvi., 395. 
Legislative 
Records of the 
Council, XX., 
92. House 
Journal, pp. 27, 
75, 84. 



CHAPTER 109. 

ORDER OF NOTICE ON THE PETITION OF THE FALL TOWN INHABts IN 
REGARD TO MINISTERIAL TAXES. 

A Petition of Ebenezer Shelden jun' & others, Proj)rietors & 
Inhabitants of the Plantation called Fall Town, setting forth the 
Difficulties they are under to raise Money for the Support of the 
Ministry & other necessary Charges, & praying that they may be 
impowered to gather the Taxes already assessed on the Grantees 
Eights in said Place, & further Taxes necessary to be laid; and 
for as much as they are obliged to settle only Sixty Eights, that 
the Court would order which Eights shall stand obliged to be 
settled, & which not. 

Eead & 

Ordered that the petitioners Serve the Proprietors of Falltown 
both the Eesiden ' & Non resident with this Petition by Inserting 
the Substance thereof In the Evening Post that they Shew Cause 
(if Any they have on the first Friday of the Next Sitting of the 
Court why the prayer thereof Should not be Granted. \^Passed 
Septemler IS. 



CHAPTER 110. 

ORDER IMPOWERING THE ASSESSORS OF THE TOWN OF STURBRIDGE 
TO LEVY A TAX OF ONE PENNY PER ACRE ON UNIMPROVED LAND. 

A Petition of Capt Moses Mercy as Agent for the Town of Stur- 
bridge. Setting forth the great Difficulties the Inhabitants are under 
to raise a suitable Support of the Ministry there, and forasmuch as 
there are considerable Tracts of Land in said Town that are daily 
growing in their Value by the Increase of the Inhabitants; which 
ly unimproved, praying that the Inhabitants of said Town may 
be impowered to Tax the said unimproved Lands belonging to the 
Eesident as well as Non Eesident Proprietors for the Support of 
the Ministry & School, and making & repairing necessary High 
Ways t& Bridges, 

Eead & 

Ordered that the prayer of the pef^ be so far Granted as that the 
Assessors of the s*^ Town of Sturbridge be Impowered to Assess One 
penny ^ acre Annually for the Three Next Succeeding Years on the 
Unimproved Lands Mentioned in the Petition. \_Passed Se])tem- 
her 13. 



CHAPTER 111. 

ORDER DIRECTING THE PROVINCE TREAS« TO RECEIVE BILLS & PARTS 
OF BILLS OF CREDIT. 



Legislative 
Records of the 
Council, XX., 
81. Mass. 
Archives, ciii., 
181. 



Voted that the Province Treasurer be directed to Eeceive Prov- 
ince Bills of Credit also halves & Quarters of the Same of Sheriffs 
Farmers of Excise Constables & Collectors of the Province Taxes 



1 Sic. 



[2d Sess.] Peovince Laws {Resolves, etc.). — 1753-54. ■ 51 

till the first day of March next & No Longer And that the Treas- House Jour- 
urer give Notice of this Vote in the Publick Prints Accordingly. ^^fi'PP-es.ee, 
\^Passed SefUiiiber 14.' 



CHAPTER 112. 

ORDER GRANTING THE PETITION OF MATHEW HASTINGS FOR STAY OF 

EXECUTION. 

A Petition of James Otis & Oxenbridge Thatcher, Attorneys to Legislative 
Mathew Hastings, setting forth the State of the Case lately tried at ^^Xif.xx^f^ 
the Superiour Court for the County of Suffolk, between the said ^- Mass. 
Hastings & Oliver Ellis, referr'd to in the said Ellis's Petition, xiul.tIiI 
Enter'd Yesterday, Praying that the Court would now proceed to Mass. 
hear & determine upon the said Petition, or that Sylvanus Plymp- xuf^^Tll' 
ton's Execution against the Petitioner Hastings, which relates to Legislative 
the same general Cause maybe stayed till this Court may deter- councif.xx., ^ 
mine on Ellis's Affair. I'outKpp. 82. 

Eead & S9. ^n<e,p.44, 

Ordered that the prayer of the petition be so far granted That ^ ^^' ^^' 
Inasmuchas the Petitioners Execution Against Oliver Ellis is Stay'd 
by Order of this Court that Sylvanus Plymptons Execution Against 
the Pef be Also Stay d Until the time Appointed for the hearing 
before this Court on the Petition of the S*^ Ellis And Also that the 
pet" Execution Against Ebenezer Mason for Cost be Also Stay d to 
that time. \_Passed September 14.'^ 



CHAPTER 113. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE FOR FARMING 
EXCISE IN THE COUNTY OF NANTUCKET, AND ALLOWING £2. 4. 1 
FOR EXPENSE THEREOF. 

The Committee for letting out to farm the Excise for the County Legislative 
of Nantucket for the present Year reported that they had let out councif, x*x*.^^ 
the same to Obed Hussey for Twenty five Pounds, seventeen Shil- 9i- Mass. 
lings, & had lodged his Bond in the Treasury, their Charge being cxix.,W 

£2.4.1. Mass. 

Read & Accepted & _ f^^lj!k 

Voted that the Sum of Two pounds 4/1 be Allowed & paid House Jour- 
out of the Publick Treasury In Discharge of the within Account. ^nte,'v- -is, 
[Passed September 14.' <'^^^-^- 

1 The date of the final concurrence in the Council is given in Mass. Archives as Septem- 
ber 11, evidently a mistake, as the same order states that its reading in the House occurred 
on September 14. 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is September 12. 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is September 13. 



52 



Province Laws (i^eso/ves, e^c. ) . — 1753-54. [Chaps. 114-116.] 



CHAPTER 114. 



ORDER DIRECTINO THE COMMISSIONERS TO THE INDIANS AT THE 
EASTWARD TO TAKE AS MANY ORIGINAL INDIAN DEEDS WITH THEM 
AS THEY CAN OBTAIN. 



Legislative 
Records of the 
Council, XX., 
93. Mass. 
Archives, 
xlvi., 319. 

Legislative 
Records of the 
Council, XX., 
90. House 
Journal, pp. 89, 
90. Ante, 
p. 36, chap. 75. 



In the House of Eepresent 

The Hoiise having taken into Consideration his Excellencys Mes- 
sage of Yesterday 

Ordered That the Commissioners that may be Appointed to the 
Interview with the Eastward Indians Carry with them as many 
of the Original Deeds of the Lands in the Eastward parts of this 
province as they Can Obtain in Order to Quiet and Satisfy the 
Said Indians. 

In Council Reaad & Concur'd. [Passed September 14.^ 



CHAPTER 115. 



Legislative 
Records of the 
Council, XX., 
93. Mass. 
Archives, ciii., 
182. 

House Jour- 
nal, p. 91. 
Ante, p. 41, 
chap. 88. 



VOTE FOR BURNING SMALL BILLS OF CREDIT. 

Voted that the Com'^^ Appointed by this Court to take An Account 
of the Province Bills and of the Government Securities in the Present 
Treasurers hands & Consume them to ashes Be also directed to 
take An Account of the Small Bills made for Change in the hands 
of the former Treasurer & Consume them to ashes also And Like- 
wise take an Account of him what he has passed away of S*^ Bills that 
he is Accountable for. [Passed SejJtemher 14. 



CHAPTER 116. 



VOTE APPOINTING A COM^ee TO CONFER WITH A COMM^ee FROM CON- 
NECTICUT GOVERNMENT. 



Legislative 
Records of the 
Council, XX., 

93. Mass. 
Archives, 
cxix., 616. 

Mass. 

Archives, iv., 
44, 46. Legis- 
lative Records 
of the Council, 
XX., 84. House 
Journal, p. 93. 



In the House of Rep'' 

Voted that Samuel Wells John Chandler Thomas Hutchinson 
James Otis and Oliver Partridge Esq" be a Com"'^ to Confer with 
Such as may be Appointed by the General Court of the Colony of 
Connecticut to be Convened In Oct° Next for Enourageing & facil- 
litating Trade & Commerce between the people of The Two Govern- 
ments and Make report to this Court for their Confirmation And the 
S"^ Com"^* are directed to Transact this Affair about the time of their 
Meeting the Gentlemen of New York & at the Same place 

In Council, Eead & Concur'd And that His Excellency be desired 
to inform the Governor of Connecticut of this Proposal that so the 
Gen^ Assembly of that Colony may appoint some Gentlemen to treat 
with the Gentlemen aforesaid if they see meet on this Affair. 
In the House of Eep'. 

Eead & Concurred. [Passed Septerriber 14. 

^ The date of final concurrence in tlie Council is given in Mass. Archives as Septem- 
ber 13, evidently a mistake, as the same order states that its reading in the House occurred 
on September 14. 



[2d Sess.] Province Laws (Besolves, etc.). — 1753-54. 53 

CHAPTER 117. 

VOTE ALLOWING £500 TO M^ AGENT BOLLAN. 

Voted that the Sum of five Himclred pounds Sterling be paid Out ]^|f^^Xjf the 
of the publick Treasury to M' Agent Bollan to Enable him to Transact council, xx., 
the Affairs of this province at the Court of Great Brittain & that M"^ ArcWves^xi., 

Treasurer Gray be & hereby is directed to Transmit the Same to him ]}a. 

Accordingly. [Passed Se^demUr 14. na°"pp'^9T9'^ 



CHAPTER 118. 

VOTE FOR A GUARD FOR THE EASTERN COMMISSIONERS. Refords'Jnhe 

Council, XX., 

Voted that the Cap* General be Desired To give Or_ders for a Guard f:^^^^^^- 
Not Exceeding fifty men for the Defence of the Comiss" Appointed ixxiv., iJea. 
to Treat with the Eastern Indians If the S*^ Comissioners think it House Jour. 
Necessary when they shall Arrive there. [Passed Septeinher 14. ^nt^vh^, 

chap. 75. 



CHAPTER 119. 

VOTE OF THANKS TO THE GOVERN^ FOR HIS OBTAINING CANNON, 
MORTARS, &c., FOR CASTLE WILLIAJNI AND ALLOWING £52. 10 EX- 
PENSES THEREOF. 

Ordered that the thanks of this Court be given to his ExceP'' the Legislative 
Gov-^ for his Care in Soliciting his Majesty fgr the Cannon & Mortars Scif.xx., 
&c for Castle William So far as to Obtain the Same in the room of ^-^j^f^^^'; 
those that were taken from thence for Lovisbourg Expedition And ixxiv., iiV. 
that the Sum of fifty Two pounds Ten Shillings Sterl^ be paid out House Jour- 
of the Publick Treasury to his Excellency Governour Shirley for "^^^^ p- ^• 
Sundry Contingent Charges «Siic Expended In Obtaining S** Cannon 
& Stores. [Passed September 14. 



CHAPTER 120. Records of the 

Council, XX., 
94. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON INSTRUCTIONS rr— 

TO THE C0MMISS«8 ON THE AFFAIR OF THE WEST^ LINE. Archives, vi., 

142. Leglsla- 

JoHN QuiNCT Esq* from the Committee of both Houses appointed th^^councu, 
to prepare Instructions ' for the Commissioners on the Affair of the f J^^ai.Jirs-i^ 
Western Boundaries of this Province reported a Draught of the same. ^^.Jj, w^^ 

Which were read & accepted by both Houses & consented to by chap'. 97. 
the Governour. [Passed September 14. 

^ The instructions have not been found. 



54 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 121-123.] 



CHAPTEK 121. 



Legislative VOTE REFERRING ALL UNFINISHED MATTERS. 

Records of the 
Council, XX., 

y± Voted that all Matters now before the Court & not pass'd upon 

House Jour- be refer'cl to the next Sitting of this Court. \^Passed Seiitemter 14. 



CHAPTER 122. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE TO FARM EXCISE 
FOR THE COUNTY OF HAMPSHIRE AND ALLOWING £1. 2 EXPENSES 
THEREOF. 



Legislative 
Records of the 
Council, XX., 
94. Mass. 
Archives, 
cxix., 617. 

House Jour- 
nal, p. 92. 
Province 
Laws, ill., 742, 
note. Ante, 
p. 26, chap. 47. 



The Com'^'^ apointd by order of the Great & General Court to 
farm out the Excise on spirituous Liquors in the County of Hamp' 
having attended that servis & after due Publication Given; farmed 
the same to noah ashly Esq'' of westfield for one year from the 9*^ 
of July Last for one hundred & thurty five pounds Lawful money 
he being the highest Bider; we have taken his Band with suretys 
& Lodged the same with m' Treasurer Gray 

^ order of the Com" Elea^ Porter 

Eead & 

Ordered 

That this Keport be Accepted & that the Sum of One pound Two 
shillings be Allowed & paid out of the publick Treasury to S*^ Com'^^ 
In full Discharge of the foregoing Acc^ \_Passed September 14. 



CHAPTER 123. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE TO FARM EXCISE 
IN THE COUNTY OF WORCESTER AND ALLOWING £2.6.8 EXPENSES 
THEREOF. 



Legislative 
Records of the 
Council, XX., 
94. Mass. 
Archives, 
cxix., 614. 

House Jour- 
nal, p. 90. 
Ante, p. 26, 
chap. 48. 



The Comittee appointed by Order of the great and Gen^ Court 
to farm out the Excise on Spirituous Liquors ifec' in the County of 
Worcester having attended that Service, and after due Publication 
given farm'd the Same to M"" John Hunt of Watertown for one year 
from the 9*^ of July last for Two hundred & Seventy Two, pounds 
Lawfull mony he being the highest bider we have taken his bond 
with Suretys & Lodged the Same [with] M"^ Treasurer Gray. 

^ order of the Com"® John Chandler 

Read & 

Voted that the Aboue report be Accepted & that the S*^ Com'** 
be Allowed and paid out of the publick Treasury the Sum of Two 
pounds 6/8 In full Discarge of this Ace'. [^Passed Sejjtember 14. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 55 



CHAPTER 124.. 

ORDER IMPOWERING DESIRE RUSSELL, ADM-^, TO SELL LAND. 

A Petition of Desire Russell of Barnstable, Widdow & Administ^ Legislative 
of Jonathan Russell Dec*^ shewing that her said Husband's personal councif.xx!!^^ 
Estate fell short of paying the Debts and Charges the Sum of Twenty ArcWves^'xix 
two Pounds eighteen shillings and four pence, and for as much as i3. ' ' 
the Petitioner was unavoidably hindred from applying to the Supe- Mass. 
riour Court for Licence to sell part of the real Estate for paying the ^^u^ House"' 
said Sum, when the said Court sat last at Barnstable, Therefore, pray- Journal, p. 91. 
ing that this Court would grant her a Licence for the same. 

Read »& 

Ordered that the Prayer of the Pet° be so far granted as that the 
Pef be allowed to sell so much of the Intestates Land as shall be 
sufficient to pay the within mentioned Debt, she giving Proper Cau- 
tion to the Judge of Probate for the County of Barnstable to dis- 
pose of the Produce of the Premises pursuant to Law. \_Passed 
September 14. 



CHAPTER 125. 

VOTE APPOINTING A COM^ee xo SEND PAPERS TO M^ AGENT BOLLAN. 

In the House of Representatives Legislative 

Voted that M"^ Speaker, W "Welles and M"" James Russell with councif.xx.,^ 
such as the Hon'''* Board shall Join, be a Committee in the Recess ArcMve\^' xxi. 
of the Court, to take under Consideration M" Agent Bollans Letter, us- 
and transmitt to him such Papers and Evidences, as they judge neces- Legislative 
sary for his Transacting, and carrying on the Affairs of this Prov- councn! xl!,^^ 
ince, at the Court of Great Britain journaf^p 92 

In Council Read & Concur'd and Andrew Oliver and Thomas 
Hutchinson Esq" are joined in the Affair. \^Passed SejJtemier 14. 



CHAPTER 126. 



ORDER IMPOWERING SARAH TAYLOR, ADM-^, TO SELL LAND. 

A Petition of Sarah Taylor Widdow of Rowland Taylor late of i^f^lds^Jfthe 
Barnstable deceased, and Administratrix of his Estate, shewing that council, xx., 
the Debts & Charges on the said Estate amounted to £10.11.11 more Archfve^s^ix., 
than the personal Estate, Praying that she may be impowered to sell ^ 



so much of the Lands as will discharge the said Debts, &c^ Mass. 

-D 1 1 '^ Archives. XIX., 

Read and 15, 15a. Aouse 

Ordered That the Prayer of the Pet° be so far granted as that the Journal, p. 91. 
Pet' be allowed to sell so much of the Intestates Land as shall be 
sufficient to pay the within mentioned Debt, she giving proper Cau- 
tion to the Judge of Probate for the County of Barnstable to dis- 
pose of the Produce of the Premises pursuant to Law. [Passed 
Sejjteinber 14. 



56 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 127, 128.] 



CHAPTEK 127. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI- 
TION OF ABRAHAM DAVIS TO VACATE A JUDGMENT. 



Legislative 
Records of the 
Council, XX., 
95. Mass. 
Archives, 
xliii., 731. 

Mass. 
Archives, 
xliii., 729. 
House Jour- 
nal, pp. 83, 93. 
Ante, p. 15, 
chap. 17. 



On the Petition of Abraham Davis, \_ante, p. 15, chap. 17] 

The Com®'' appointed to consider the within Pet"" having fully 
heard the Parties thereon, Eeport 

That the Prayer of this Pet" be granted, And that the Judgm^ 
within referr'd to & the Eicon issued thereupon be declared void. 
And that there be a new Entry of the Action mentioned in the 
Petition at the next Sup'' Court of Jud'^ to be holden within & for 
the County of Essex, And that the Justices of the said Court be 
impowered & directed to hear & determine the same, give Judgm' 
& award Execution accordingly. 

All w'^'^ is humbly submitted, in the Name & by Order of the 
Comni^® John Otis 



Eead & 

Ordered that this Report be accepted. 



\_Passed Septemher 14. 



CHAPTER 128. 



VOTE ON PETITION OF CONCORD FIRST PARISH IN REGARD TO THE 
COLLECTION OF TAXES. 



Legislative 
Records of the 
Council, XX., 
95. Mass. 
Archives, cv., 
434. 

Mass. 

Archives, cv., 
433. House 
Journal, pp. 87, 
89. 



A Petition of Ephraim Jones, Agent for the first Parish in the 
Town of Concord, setting forth that one John Billing was chosen 
& sworn as a Collector for said Parish for the Year 1751, & a Rate 
List committed to him to collect, which he did in part, but before 
his Collection was finished, he became Delirious, & still continues 
to be, without any Prospect of Recovery ; Therefore Praying that 
the said Parish or their Committee may be impowered to take the 
said List, & commit it to some other Person to collect what now 
remains unpaid. 

Voted ' that the Committee of the first parish in Concord be and 
Hereby are Impowered to take the list of Assessment which has 
been Committed to M'' John Billing late Collector who by Sickness 
and disorder of mind is unable to Complat his Collection and take 
therefrom a list of the persons who have not paid their proportion 
of the Said List and the Several Sums due from Each of them and 
Commit the Same to one of the Collectors of S*^ Parish for this 
present year with a Warrant to oblige and Enable him to Collect 
the Same the Said parish Committee allowing the Collector to 
whom they Committ the Same after the Rate of Five ^ Cent for 
his Service. {Passed Septemher 14. 

' MS. mutilated. 



[2d Sess.] Province Laws (Hesolves, etc.). — 1753-54. 57 

CHAPTEE 129. 

VOTE ALLOWING £34. 0. 2 TO DAVID INGERSOL ESQ«. 

A Petition of David Ingersol Esq' setting forth his Service and R||ord"of^the 
Expeuce for this Province in the Affair of the Western Line, amount- couucii, xx., 
ing to the Sum of £34,0.2'^ as by the Account therewith exhibited,' Archives^!., 
Praying the same may be allowed & paid to him out of the publick }^ 

Treasury. Archives, vi., 

Eead & 131. House 

Voted that the Sum of Thirty four pounds & Two pence be allowed ss*™^'^^-^^' 
& paid out of the publick Treasury & In full Discharge of his Acc*^ 
herewith Exhibited of his Services & Expences in behalf of the Gov- 
ernm' at New York & Elswhere. [Passed Se2)tember 14, 



CHAPTER 130. 

ORDER ON THE PETITION OF JOHN SIMON, INDIAN MINISTER, IN RE- 
GARD TO SALE OF LANDS. 

A Petition of John Simon Indian Minister at Tetticut for him- Legislative 
self and in behalf of the Society there under his Charge, setting ^^S, x*x.f 
forth the many Inconveniences attending the Liberty allowed the ^^ Mass. 
Indians to sell their Lands they being often imposed upon by the xxxii., d\. 
English, and the Lands sold much under their Value, the Indians Mass. 
thereby led into an Idle & dissolute way of Living, & so ' reduced ^xxii.T 4i9. 
to Poverty, and many times the Lands sold by those who have no Legislative 
good Title to them, with many other Evils arising from this Lib- couMif, xviii., 
erty. Therefore Praying that this Court would apply some effect- journaU3p.82, 
ual Method to prevent that Ruin which will otherwise fall on the 89. Province ' 
Indians, by these Means. chap. 128 -'xu.', 

[Read&] ^ xf^SfiioS: 

Ordered that the Guardians for the Titicut Indians Take Special 280, chap.49;' 
Care that they approbate no petition from Stephen David or James 467I chap! 144.' 
Thomas : for Sale of Land untill they Strictly Examine into the right 
which they may respectively have to the Lands they may petition to 
Sell, inasmuch as it is Suggested to this Court, that the said Stephen 
& James have Sold Considerable Lands that they had no right to and 
are now applying to the Said Guardians for their approbation for the 
Sale of more. [Passed Septemher 14. 



CHAPTER 131. 

VOTE GRANTING TO CHARLES COLTON LICENCE TO KEEP AN INN. 

A Petition of Charles Colton, of Springfield, shewing that he ^egisiative^^^ 
has taken the House in Cambridge, commonly called the Duke council, xx., 
of Cumberland Tavern, which is very commodious for Travellers, ^-dS.'cxi.. 

praying that the Court of General Sessions of the Peace for the 27l 

County of Middlesex may be enabled to grant him a Licence. Mass. 

_ •<, „ •' ° Archives, cxi., 

Read & 270. House 

Voted that the prayer of this pet° be So farr granted that the Jus- Journal, p. 92. 

* For the account see Mass. Archives, vi., 131. 



58 



Province Laws (i?eso/ves,e^c.). — 1753-54. [Chaps. 132,133.] 



tices of the Court of General Sessions of the peace for the County 
of Middlesex at their Next Term be Impowered (if they See fit) to 
Licence the Pef^ to give publick Entertainment In the House where 
Abiel Richardson Now Lives he first Obtaining the Approbation of 
the Select men of the Town of Cambridge. [Passed September 14. 



CHAPTER 132. 



Legislative 
Records of the 
Council, XX., 

97. Mass. 
Archives, 
Ixxiv., 116. 

House Jour- 
nal, pp. 90, 92. 
Province 
Laws, xiv., 390, 
chap. 325. 



ORDER ALLOWING £5. 6. 8 TO PARKER LUMBART. 

A Petition of Parker Lumbart of Barnstable, setting forth his 
Losses while in the publick Service, as a Soldier at Topsham, by 
the burning of the Fort or Garrison where he was posted, praying 
for an Allowance out of the publick Treasury. 

Eead & 

Ordered that the prayer of the petition be so far granted as that 
there be paid out of the publick Treasury to the pet'' the Sum of 
Five pounds 6/8 (Including the Sum formerly Granted him which 
he has not yet received) In Consideration of his Losses within Men- 
tioned. [Passed SejJtember 14. 



CHAPTER 133. 



Legislative 
Records of the 
Council, XX., 
97^ 

Legislative 
Records of the 
Council, XX., 
76. House 
Journal, pp.68, 
87. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE MAP OF 
NEW ENGLAND BY DR. WM DOUGLASS. 

The Committee to whom the Message of His Excellency the 
Governour on the Petition of M'^ Cornelius Douglass, Nephew to 
D"" William Douglas Dec*^ relating to a Plan or Map of the four 
Governments of New England, was referr'd, having Carefully ex- 
amined the same, beg Leave to report, That we find it to be very 
erroneous and are therefore humbly of Opinion, That no Counte- 
nance be given to it^ being made publick, apprehending it would 
have a Tendency to lead the Inhabitants of this Province into great 
Difficulties. W** Pepperell per Order, 

Eead & 

Ordered that the foregoing Eeport be accepted. [Passed Septem- 
ier 14.^ 



1 Adjourned to December 4. See Legislative Records of the Council, xx., 99. 



[3d Sess.] Province Laws {Resolves y etc.). — 1753-54, 59 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Fourth Day of December, A.D. 1753. 



CHAPTEE 134. 

ORDER FOR ADJOURNING THE COURTS OF BRISTOL COUNTY. 

Whereas by Law the Court of General Sessions of the peace Legislative 
and Inf Court of Comon pleas for the County of Bristol was to coSncff xx!^* 
have been holden on the Second Tuesday of December instant and 104. Mass. 
many Concerned in Said Courts, are members of the General Court xim., soo.' 
which its probable will be Sitting at that Time Therefore House Jour- 

Ordered that the Said Courts of General Sessions of the peace, p^oV^nce^' 
and Inf Court of Coinon pleas ife*^ be and they hereby are adjourned Laws, 111., 64, 
to the Last Tuesday of January next and all officers and others Con- *^ *^' ^^' 
cerned in Said Courts are to Conform themselves Accordingly, and 
all processes and other matters and things Depending in Said Courts 
and which are by Law to be beared Tryed and proceeded upon at Said 
Term shall be beared Tried and proceeded upon on the said Last 
Tuesday of January next, and the Justices of Said Courts are hereby 
required to Conform themselves Accordingly. [Passed December 7. 



CHAPITER 135. 

VOTE IMPOWERING BENJ^ READ, GUARDIAN, TO SELL LAND. 

A Petition of Benjamin Read Guardian of Samuel Eastabrook Rlfords^of the 
a Minor and Student at Harvard College, praying that he may be council, xx., 
impowered to sell divers Tracts, of unimproved Land belonging to Archives, xix., 

the said Minor, and lying in the Town of Holden, Containing in ?!: 

the whole about One hundred & Sixty three Acres, The Produce to House Jour- 
be laid out for his Education. 

Voted that the Prayer of the Pett° be granted & that the Said 
Benjamin Read Guardian to s'^ minor be impowerd to make Sale of 
the Lands Mentioned in s*^ Pett° for the most they will fetch & give 
Sufficient Deed or Deeds of the same & give Caution to the Judge 
of Probate for the County of Middlesex to apply the Proceeds thereof 
to the Use of the Minor. [Passed December 7. 



60 



Province Ijav^^ {Eesolves, etc.) . — 1753-54. [Chaps. 136-138.] 



Legislative 
Records of the 
Council, XX., 

106. Mass. 
Archives, lix., 
3^7. 

House Jour- 
nal, p. 104. 



CHAPTER 136. 

ORDER GRANTING TO ENOCH TITCOMB LICENCE TO SELL STRONG DRINK. 

A Petition of Enoch Titcomb of Newbury, Praying that this 
Court would impower the Court of General Sessions of the Peace 
for the County of Essex at their next Term to grant the Petitioner 
a Licence to retail strong Drink in the said Town of Newbury. 

Eead and 

Ordered that the Prayer of the Petition be so far Granted As that 
the Court of General Sessions of the Peace for the County of Essex 
at their next Sessions be and hereby are impowered if they see Cause 
to grant the Petitioner a Licence (he first Obtaining a Eecommen- 
dation from the Select Men of the Town of Newbury for that Pur- 
pose) the time for granting Licences being elapsed notwithstanding. 
\^Passed December 8. 



CHAPTER 137. 



Legislative 
Records of the 
Council, XX., 

108. Mass. 
Archives, 
xliii., 801. 

House Jour- 
nal, p. 108. 
Province 
Laws, iii.,64, 
chap. 32. 



ORDER FOR ADJOURNING THE COURTS OF PLYMOUTH COUNTY. 

Whereas by Law the Court of General Sessions of the Peace and 
Inferiour Court of Common Pleas for the County of Plymouth was 
to have been Holden on the Third Tuesday of December Instant and 
Many Consarned in Said Courtes are Members of the General Court 
which Its Probable will be Sitting at that time Therefore 

Ordered that the Said Courtes of General Sessions of the Peace 
& Inferiour Court of Common Pleas &c. be and they hereby are 
adjourned to the First Tuesday of March next and all officers and 
others Concerned in Said Courtes are to Conform themselves Ac- 
cordingly and all Processes and Other Matters and things Depend- 
ing in Said Courtes and which are by Law to be heard Tried and 
Proceeded upon at Said Tearm Shall be heard Tried and Proceeded 
upon on the first Tuesday of March Next and the Justices of Said 
Courtes and all officers & others are hereby Eequired to Conform 
themselves Accordingly. \^Passed December 11. 



CHAPTER 138. 



Legislative 
Records of the 
Council, XX., 
108. Mass. 
Archives, 
xxxii., 402*. 

Mass. ■ 
Archives, 
xxxii., 401. 
House Jour- 
nal, pp. 110, in. 
Province 
Laws, xiv., 39, 
note. 



ORDER IMPOWERING JOSEPH EPHRAIM, INDIAN, TO SELL LAND. 

A Petition of Joseph Ephraim of Natick, Indian, setting forth 
his Debts contracted by Means of Sickness, and old Age and pray- 
ing for Liberty to sell Twenty five Acres of his Land in said Dis- 
trict for the Discharge of his Debts, and for his better Support in 
his advanced Age. 

Eead, & 

Order'^d that the Prayer of the within Petition be granted, and 
that the Petitioner have Leave (with the advice & assistance of the 
Guardians of the Indians in Natick,) to make Sale of twenty five 
acres of his Land, to the best advantage that may be, (after thirty 
Days Publick Notice given of the intended Sale,); The Proceeds 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 61 

of such Sale to be apjDlyed by said Guardians (so far as is neces- 
sary) for Discharging the Petitioners just Debts, & for his present 
Eelief ; The Remainder (if any be) to be put to Interest for the pur- 
poses mention'd in the Petition. [^Passed December 11. 



CHAPTEK 139. 

ORDER IMPOWERING ISAAC EPHRAIM, INDIAN, TO SELL LAND. 

A Petition of Isaac Ephraim of Natick, Indian, setting forth Rgford^of the 
the Debts he hath contracted, & praying that he may have Liberty counGii, xx., 
to sell Twenty five Acres of Land, belonging to him, in Natick, Archi^ves?' 
for the Payment of his said Debts, as also for other Uses, mentioned sxxii., 404. 
in his Petition. Mass. 

-r, 1 1 Archives, 

Kead, and xxxii., 403. 

Ordered that the Prayer of the within Petition be granted, and na°"p!m'"' 
that the Petitioner have Liberty (with the assistance, & under the Province 
Direction of the Guardians of the Indians in Natick) to make Sale note. ' '' ' 
of twenty five acres of his Land, (for the most that may be,) Due 
Notice being previously given of the intended Sale ; The Proceeds 
of such Sale to be applyed by said Guardians for Discharging the 
Petitioners just Debts, and the Remainder (if any such there be) 
to be improv'd to the best advantage of the Petitioner. \^Passed 
December 11. 



CHAPTEK 140. 

VOTE GRANTING TO MERCY BRADSHAW LICENCE TO KEEP AN INN. 

A Petition of Mercy Bradshaw Widdow of John Bradshaw late Legislative 
of Medford Inn holder, Dec*^ shewing that her Husband was at great councif, xx*.!*^ 
Expence in Providing for his Employment; But for as much as his io9. Mass. ' 

• X «/ ^ A.rcliivGS CXI. 

Licence ceased at his Decease, Praying that the Court of General 275. ^' - •' 
Sessions for Middlesex may be impowered at their next Term to House Jour, 
grant her a Licence to continue in the said Employment untill the °^'' ^- ^^^' 
Term stated by Law for the granting of Licences. 

Read & 

Voted that the prayer of the petition be so farr granted That the 
Justices of the Court of General Sessions of the peace for the County 
of Middlesex at their present Session be & hereby are Impowered (if 
they See fit) to Grant Licence to the petitioner to Keep a House of 
publick Entertainment where her Late s*^ Husband Exercised that 
Employment in Medford She first Obtaining the Approbation of the 
Select men of S*^ Town the time [for] ' granting of Licences being 
Elapsed Notwithstanding. \_Passed December 11. 

* Inserted from Legislative Records of the Council, xx., 109, 



62 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 141-143.] 



CHAPTEK 141. 



ORDER GRANTING TO JAMES OTIS LICENCE TO SELL STRONG 

DRINK. 



Legislative 
Records of the 
Council, XX., 
109. Mass. 
Archives, 
cxix., 622. 

House Jour- 
nal, pp. 107, 108. 



A Petition of James Otis of Barnstable, shewing that he has 
a Licence for selling Strong Drink for this present Year, that his 
Son Joseph Otis has been concerned with him in this Business, and 
for as much as they are minded to carry on the said Business in his 
Sons House, Praying that the Court of General Sessions of the Peace 
for the County of Barnstable, may be impowered at their next Term 
to grant his said Son a Licence. 

Read & 

Ordered th^Lt the prayer of the p[et]ition be So farr Granted that 
the Court of General Sessions of the peace for the County of Barn- 
stable be & hereby [are] ' authorized & Impowered if they think fit to 
License Joseph Otis of Barnstable as a retailer of Spirituous Liquors 
he first Obtaining y® Approbation of the Selectmen of the S'' Town 
of Barnstable. \_Passed Decemher 11. 



Legislative 
Records of the 
Council, XX., 
111. Mass. 
Archives, 
Ixxiv., 138. 

House Jour- 
nal, pp. 103, 109. 
Province 
Laws, xlv., 568, 
chap. 78. 



CHAPTER 142. 

VOTE ALLOWING £4 ANNUALLY TO MOSES HOYT. 

A Petition of Moses Hoyt of Newbury, Praying for an addi- 
tional Allowance in Consideration of the Wounds he received in 
the Expedition against Cape Breton, his Lameness having rendered 
him less able to provide for himself and his Family, than he was some 
Years ago. 

Read & 

Voted that there be Allowed & paid out of the Publick Treasury 
Annually the Sum of four pounds to the Pef Moses Hoyt (for his 
Subsistance) during the Term of his Natural Life. {^Passed Decem- 
ber 11.^ 



CHAPTER 143. 



ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO JN^ DENNIS. 



Legislative 
Records of the 
Council, XX., 
108. Mass. 
Archives, 
xlvi., 827. 

Mass. 
Archives, 
xlvi., 327-329. 
House Jour- 
nal, p. 109. 
Province 
Laws, xlv., 679, 
chap. 122. 



A Plat of Two hundred Acres of Land, surveyed by Samuel 
Wheelwright Surveyor, and Chainmen on Oath to fulfill a grant 
made by the General Court to M'' John Dennis, lying on the North 
side of Phillips Town, bounded as follows; viz' begining at a White 
Oak Tree marked with the Letters I D, near the Western Corner 
of Mousan great Pond ; from thence runing North East upon the 
Head of Cox Hall, Two hundred Rods to another White Oak Tree 
marked as aforesaid; from thence on a North West Course One hun- 
dred & Sixty Rods; then South west to Phillips Town Line; and 
from thence by said Line South East to the first mentioned Bounds: 

> Inserted from Legislative Records of the Council, xx., 109. 

" This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 12. 



[3d Sess.] Province Laws (Besolves, etc.). — 1753-54. 63 

The plan of Two Hundred Acres of Land laid out to Satisfy A 
Grant of the Generel Court to John Dennis presented for Allow- 
ance Eead & 

Ordered that the plan be Accepted And the Lands therein Delin- 
eated & Described be & hereby are Confirmed to the S^ John Dennis 
his heirs & assigns for Ever provided the Land Exceed not the Quan- 
tity of Two Hundred Acres and does not Interfere with any former 
Grant. [Passed December 12.^ 



CHAPTER 144. 

ORDER IMPOWERING BARNABAS FREEMAN, GUARDIAN, TO SELL LAND. 

A Petition of Barnabas Freeman, Guardian of Thomas & Mary Legislative 
King Minors, of Harwich, Children of John King jun"" deceased, ^unc*u xx*^^ 
shewing that their Father left them Shares (with the other Chil- io9. Mass. '' 
dren & undivided) of several small Parcells of Land in said Town, 30!^ l^es, xix., 
which is of little Profit to them, praying for Liberty from this Court House Jour. 
to sell the same, for the Benefit of the said Minors, ProTince''^' ^^'" 

Read & Laws, 11., 151, 

Voted that the petitioner be & hereby is Imijowered to make Sale ^'^*^' ^^' 
of the Lands & meadow. Mentioned in the Petition and to Execute 
in due form of Law a Deed or Deeds of Conveyance of Each & Every 
piece or j)ercel thereof to Such person or persons as Shall give most 
for the Same provided he give Bond to the Judge of Probates for 
the County of Barnstable that the produce thereof be Apply d for 
the benifit of the heirs of John King Deceased According to Law 
Observing the Directions of the Law Respecting the Sale of Intes- 
tate Estates. \Passed December 12.^ 



CHAPTER 145. 

ORDER IMPOWERING THE SELECT MEN OF PELHA3I TO CALL A TO"V\\N 

MEETING. 

A Petition of the Select Men of the Town of Pelham, shewing Legislative 
that in their last March Meeting, the Officers then chosen, thro councif, xx!f * 
Inadvertency neglected to take the Oath referring to the Bills of 110. Mass. ' 

• /— A.roiiiv6s ciii 

the Neighbouring Governments, which is likely to bring much Con- iss. 

fusion upon their publick AfEairs, praying Liberty for another Meet- Mass. 

ing for the Choice of Officers. ^s7?^House'"'' 

Whereas the Town of Pelham in the County of Hampshire when Journal, 
they chose their officers to the respective offices in s*^ Town in March Province 
Last omitted administring to them the Oath appointed by the Law ^^pfis.^'' *^^' 
of this Province of the 22*^ of His present Majesties Reign respect- 
ing Bills of Credit of the Neighbors Governm'* a^Dpointed to be 
Taken by such officers by Means Whereof The several Offices in 
said Town are vacant & thereby Great Inconveniencies & Diffi- 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is December 11. 

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



64 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 146, 147.] 



culties have arisen to said Town which Cannot be Eemedied but 
by the Aid & Interposition of this Court 

Therefore 

Ordered That Eleaz"" Porter Esq' be directed i& Hereby impowred 
to issue his Warrant directed to some Inhabitant of said Town re- 
quiring Him to warn & give Notice to the Inhabitants of said Town 
qualified by Law to vote in Town Affairs to Assemble Themselves 
together at such Time & Place In said Town as by said Warrant 
shall be appointed to make Choice of such Officers for said Town 
as shall be necessary & according to Law ought to be Chosen yearly 
For transacting the Affairs of said Town, & the ^ Inhabitants being 
so met are Hereby impowred to make choice of such Officers, & such 
Officers so Chosen (having first taken the oath afores'' & the Oaths 
of their Eespective offices) shall have the Like Power in their re- 
spective offices as by Law they would have had on their being Chosen 
according to the Directions of the Law in the Month of March & 
qualified as aforesaid. {Passed December 12. 



Legislative 
Eecords of the 
Council, XX., 
110. 

Mas8. 

Archives, xix., 
9. House 
Journal, pp.81, 
91, 114. Prov- 
ince Laws, 
ii., 151, chap. 
10. 



CHAPTEK 146. 



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

A Petition of Sarah Allen Widow of Josiah Allen late of Bridge- 
water deceased, & Guardian to his only Son and Child, shewing that 
the Circumstances of the Real Estate of her said Husband are such 
as to render it very unprofitable both to her Son and herself; and 
therefore praying that she may be impowered to make Sale of the 
the ' said Real Estate for the Heirs Benefit. 

Read & 

Ordered that the Petitioner be & hereby is impowered, in her said 
Capacity, to make Sale of the Premises for the most they will fetch, 
and to make and execute a good & sufficient Deed thereof in the 
Law, the said Petitioner attending the Directions in the Law for 
notifying the Sale thereof, and giving sufficient Security to the 
Judge of Probate for the County of Plymouth, that the Proceeds 
coming by the said Sale be forthwith put to Interest, and be im- 
proved for the Benefit of the aforesaid Son & Heir of the said 
Josiah ; saving & reserving one third part only of the annual In- 
come to the aforesaid Widow, during her natural Life instead of 
her Right of Dower or Thirds in said House and Land. \^Passed 
Decemher 12. 



CHAPTEE 147. 



ORDER IMPOWERING SARAH ROCKWOOD, ADM^ TO SELL LAND. 

R^firdfonhe ^ PETITION of Sarah ' Rockwood, Widow & Administratrix of the 
Council, XX., Estate of John Rockwood of Mendon dec"' shewing that the Per- 
ArchfvtsTxix., sonal Estate falls so far short of paying the Debts, that it will be 
-± necessary to sell all the Lands; and for as much as the Session of 

' Sic. 

2 The House Journal, p. 114, reads, " Deborah.'' 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 65 

the Snperiour Court in the County where they ly is so distant, Pray- Mass. 

ing that this Court would give her Power to sell the same, ti^fbJ^ko^e 

Read & Journal, p. lU. 

Ordered that the prayer of the within Petition be granted and 
that the Petitioner in her Capacity As Adm^ be and hereby is fully 
Impowered to make Sale of the land within mentioned & to Execute 
a good Deed or Deeds of Conveyance to Such person or persons as 
Shall give most for the Same for y® purposes within mentioned she 
giving bond with Sufficient suretys to y® Judge of Probate for the 
County of Worcester for y*^ mony Arising by Such Sale. \^Passed 
December 12. 



CHAPTEK 148. 

ORDER ALLOWING £3 TO ARTHUR SAVAGE. 



A Petition of Arthur Savage setting forth his Services for this Legislative 
Government as one of the Clerks assisting at the drawing of the counclf, xx!f ^ 
late Government Lottery, and praying for a proper Allowance from in- Mass. 
this Court for the same. ixxxvui.,' 37. 

Read & House Joiir. 

Voted that the Sum of Three pounds be Allowed & paid out of ^'J^ovincr* ^^^" 
the publick Treasury to the Pef Auth"" Savage In full Conideration Laws, m., 575, 
for his Service as Clerk to the Managers of the Lottery. \^Passed *^ ^^^' 
December 12. 



CHAPTEK 149. 

ORDER ALLOWING £30. 18. 6 TO JOHN STURTiyANT. 

A Petition of John Sturtivant of Plymouth, Praying for the Legislative 
Allowance of his Accompt herewith exhibited, of his Charge in coundf, xx*.^^ 
taking Care of two Marriners Strangers who were Shipwrecked m. Mass. 
near said Place, in the Winter Season; named Hugh M'^Neal & ixv., 4. 
Francis Birmingham, who were kept & provided for by him at his Mass. 
House, one of whom died being much frozen, when taken, and the ^sf'^House^'' 
Petitioner Avas at the Charge of his Funeral, the other was frozen Journal, 
to that Degree that it was necessary to cut off both his Feet. ^w<e, p. so', 

Eead & ^'^'^p- ^^^ 

Voted that there be Allowed & paid out of the Publick Treasury 
to the Pef John Sturtevant The Sum of Thirty Pounds 18/6 In full 
Discharge of his i\.cc* Herewith Exhibited. {Passed December 12, 



CHAPTEK 150. 



ORDER ALLOWING £16 TO SAJNIi- GRAVES. 



A Petition of Samuel Graves of Sunderland, shewing that His Legislative 
Son Samuel Graves by Reason of Wounds he received from the coS x x?^ 
Indian Enemy in Capt Hobbs's Fight fell into Distraction, which ^JJ^^f^^^^^- 
for divers Years put the Petitioner to great Trouble & Charge; ixxiv.. ui. 
Praying for some proper Allowance for the same. 



66 



Province Jjaws (Besolves, etc.) . — 1753-54. [Chaps. 151, 152.] 



Archives, ^^ead & 

ixxiv., 140. Voted that the Prayer of the Petition be so far granted That 

nail^pp. 10M15. there be Allowed & paid out of the Publick Treasury The Sum of 
Sixteen pounds to the Petitioner Sam' Graves In full Satisfaction 
for his Trouble & Expence in taking Care of his Son Sam' Graves 
Jun"" who was wounded by the Enemy In Cap Hobbs fight. [Passed 
December 12. 



CHAPTER 151. 



Legislative 
Records of the 
Council, XX., 
115. Mass. 
Archives, xix., 
27. 

Mass. 

Archives, xlx., 
26. House 
Journal, p. 114. 



ORDER IMPOWERING TABITHA HASEY, ADMIN-^, TO SELL LAND. 

A Petition of Tabitha Hasey Widow & Administ^ of John Hasey 
late of Leicester in the County of Worcester dec*^ shewing that her 
said Husband borrowed Money of One Benjamin Earl, and gave him 
Security in Land; And for as much as the Estate is greatly in Debt, 
and it is apprehended the Land would not sell for more than the 
Money due upon it, praying for Liberty to convey the said Land to 
the said Earl for the Payment of his Debt 

Read and 

Ordered that the prayer of the Petition be granted and that the 
Petitioner be & hereby is Impowered to Make Sale of the Land 
therein Mentioned with the Advice of M'' Thomas Wheeler of 
Worcester and to Execute a good Deed or Deeds of conveyance 
to Such person or persons as Shall give most for the Same pro- 
vided it will Sell for more than the mony due to Said Earl pro- 
vided Also that out of the mony arising by Such Sale Said Earls 
debt be first & Imediately paid she giveing bond with Sufficient 
Suretys to the Judge of Probate for the County of Worcester for 
duely Accounting for the Overpluss if any Should be more than 
the Lands are mortgaged for. [Passed December 12.^ 



CHAPTER 152. 

ORDER WITH STAY OF EXECUTION ON THE PETITION OF NATH^- SPAR- 
HAWK FOR REVIEW OF AN ACTION. 



Legislative 
Records of the 
Council, XX., 
112. Mass. 
Archives, 
xliii., 767. 

Mass. 
Archives, 
xliii., 764. 
House Jour- 
nal, p. 117. 
Ante, p. 49, 
chap. 108. 



On THE Petition of Nathaniel Sparhawk, [ante, p. 49, chap. 
108] 

Eead and it appearing that the adverse Party was duly served with 
a Copy of this Pet" and no answer is given in 

Therefore 

Ordered that the Prayer of the Pet'' be granted and the Execu- 
tion against the Petitioner therein refer'd to is accordingly stayed 
untill the next Term of the Superiour Court to be held at Boston 
for the County of Suffolk and untill Judgement be passed upon the 
Pet" Action of Review then to be brought Provided the said Benja- 
min and Nathaniel or either of them give Bond in the Clerk's Office 
of the Superiour Court of Judicature &c with sufficient security to 
Ann Knox Administratrix on s*^ Andrew's Estate to prosecute a writ 
of Review of said Judgment with effect against the said Adminis- 



^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 14. 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 67 

tratrix at the next Superioiir Court of Judicature &c to be held at 
Boston in & for the County of Suffolk and to respond the Judgment 
that shall finally be given on the same writ with Interest thereon 
from the 13"" of Septem'' last to the Time of Payment. ]^Passed 
December 13. 



CHAPTER 153. 

VOTE ALLOWING £3 TO ROBERT EAMES. 



A Petition of Eobert Eams of Marlboro, shewing that his eldest ^Ifo^^g^Jf ^j^g 
Son was taken by the Indians at Massachusetts Fort (being in the council, xx., 
Service of the Province) and carried to Canada; where he died, Archives?' 
praying for some Allowance from this Court in Consideration of ixxiv., i49. 
the Services & Sufferings of his Son. Mass. 

-r, T T ° Archives, 

Kead and ixxiv., 149. 

Voted that there be Allowed & paid out of the publick Treasury nail'ppaozl^iie. 
the Sum of Three pounds to y® Petitioner In full Consideration of 
the Services and Sufferings of his Son as Mentioned in the Petition. 
[^Passed Decemher 13. 



CHAPTER 154. 

VOTE ALLOWING £4 AND A FURTHER SUM OF £4 ANNUALLY TO 
VINCENT SHUTTLEWORTH. 

A Petition of Vincent Shuttleworth, shewing that he still con- Legislative 
tinues disabled from Labour by Means of his Sufferings in the pub- councif, xx^.f^ 
lick Service, Praying that his Pension from this Court may be allowed Arciiiv^es^^' 
to him for the Year last past, & for the Time to come. ixxiv., u's. 

Read and Mass. 

Voted that the prayer of the Pet° be So far granted as that the i^x^^^Jilo. 
S"^ Vincent Shettleworth have & recieve out of the Publick Treas- ^""^^'^fog^ijg 
ury the Sum of four pounds for the Year past (Including the thir- pro'vince ' 
teen pounds Old Tenor now due to him According to the former ^hap!*!;;""'^^^' 
grant of the General Court) and that for the future the pef be 
Allowed the Sum of four pounds Annually as a pension Until this 
Court shall Otherwise Order and that the s^ Sums as they become 
due be paid Into the hands of Eleazer Metcalf of Wrentham Miller 
for the Use of the pet' And by him to be paid to the petitioner from 
time to time as he Shall Stand in Need thereof. \_Passed Decem- 
ber 13. 



CHAPTER 155. . KKthe 

Council, XX., 
113. Mass. 
ORDER ALLOWING £100 TO THE TOWN OF CHELSEA. Archives, 

lxxxvii.,316. 



A Petition of the Select Men of the Town of Chelsea, setting ^J^^^^j^^g 
forth the distressing and impoverishing Condition brought upon ixxxvii.,310. 
the said Town by the Small Pox spreading among them about two Refords'onhe 
Years since. Praying for a Revisal of their former Petition, and to f^?2^o3"'gf^|^-' 
grant them suitable Relief. House Jour. 



68 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 156, 157.] 



nal, pp. 26, 170, 

197 (1749) ; 
pp.SO, 168, 173, 
215 (1750) ; 
p. 148 (April, 
1753) ; pp. Ill, 
118. 



Eead & 

Voted that the Sum of One Hundred pounds be Allowed & paid 
out of the Province Treasury to the Town of Chelsea in Considera- 
tion of the Distressing Circumstances & Expences of S'' Town in 
the time of the late Small Pox. \_Passed Decemher 13. 



CHAPTEE 156. 



Legislative 
Records of the 
Council, XX., 
117. Mass. 
Archives, xix., 
18. 

Mass. 

Archives, xix., 
17. House 
Journal, 
pp. 113, 119. 
Province 
Laws, ii., 151, 
chap. 10. 



VOTE IMPOWERING JANE & ALEX'*^ SCAMMELL, EXECUTORS, TO SELL 

LAND. 

A Petition of Jane Scammell and Alexander Scammell Exec- 
utors of the last AVill and Testament of Samuel Scammell late of 
Worcester dec'^ Praying that they may be impowered by this Court 
to sell a House in the Town of Boston with the Land belonging to 
it, being part of the Estate of the deceased, & the House being in 
a very ruinous Condition. 

Read & 

Voted that the prayer of the Pet" be Granted and that the S'' 
Jane Scammel & Alex** Scammel be Impowered to make Sale of the 
premisses Mentioned in the pet° for the most they Avill fetch and 
to Execute in due form of Law a Deed or Deeds for Conveying the 
Same They to Observe the directions in the Law for the Sale of real 
Estates Provided the pet" give bond to the Judge of Probate for 
the County of Worcester that the monies Coming by S*^ Sale be forth- 
with put to Interest for the benefit of the Several Legatees Agreable 
to their respective Shares & proportions thereof Saving & reserving 
only one third part of the Annual Income thereof to the S"" Jane 
during the Term of her Natural Life instead of her Dower in Said 
Estate pursuant to the Will of the Testator. [Passed December 18.^ 



CHAPTER 157. 



Legislative 
Records of the 
Council, XX., 
122. 

Mass. 

Archives, xix., 
39. House 
Journal, p. 115. 
Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING JONATHAN EATON, ADM^, TO SELL LAND. 

A Petition of Jonathan Eaton Administrator of the Estate of 
Zechariah Nichols late of Reading dec^ j)raying that he may be 
impowered to sell a Tract of Land in the Town of Sutton which 
the said Nichols purchased while it was under Mortgage to James 
Bowdoin late of Boston Escf dec** that so he may be able to pay off 
the said Mortgage. Read & 

Ordered that the Prayer of the Pet" be granted, and that the 
Petitioner be & hereby is impowered to make Sale of the Land 
above mentioned in his Capacity as aforesaid, and to execute in 
due Form of Law a good & sufficient Deed or Deeds of Convey- 
ance to such Person or Persons who shall give most for the same ; 
He first obtaining the Consent of the Heirs of James Bowdoin Esq' 
dec'' and observing the Rules & Directions of the Law of this Prov- 
ince respecting the Sale of Real Estate ; Provided he give sufficient 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 14. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 69 

Caution to the Judge of Probate for the County of Middlesex, to 
be accountable for the Produce thereof for the Purposes above men- 
tioned. [Passed December 13 .' 



CHAPTER 158. 



ORDER GRANTING TO ABRAHAM BELKNAP LICENCE TO SELL STRONG 

DRINK. 

A Petition of Abraham Belknap of Natick, shewing that he Legislative 
hath been a Cripple from his Birth, and has lately had a Wound councu*. xx!f ^ 
in his Eight Hand by which he is utterly disabled from getting ^i-^- 
his Livelihood by his Bodily Labour, and therefore praying that Mass. 
he may be allowed to retail strong Drink in the said Place, and be cxix., 6is-62i. 
freed from paying the Excise thereon. na°i"p!m^' 

Kead & 

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 Middlesex in their present Session be & hereby are impowered 
to grant the Petitioner a Licence to retail strong Liquors for the 
present Year, He obtaining the Approbation of the Committee of 
the Parish of Natick for that Purpose the Time for granting Licences 
being elapsed notwithstanding, he entering into a Recognizance, as 
usual for keeping good Rule & Order, and duly paying the Excise. 
[Passed December 14. 



CHAPTER 159. 

ORDER ON QUABIN MEMORIAL ABOUT TAXES. 

Whereas the Assessors of the Plantation called Quabbin in the Legislative 
County of Hampshire chosen in the year 1752 for Assessing the councif,xx!f^ 
Proportion of the Publick Tax set on s*^ Inhabitants for s*^ year pro- ^^rciiiv^is^^i 
ceed'^ (without being thereto appointed) to assess also on s** Inhabi- iso. 
tants the sum by them granted to their Minister for his Support in Mass. 
that year Considerable Part of which last assessm' has been collected ^o^^sI^'^House 
but some of said Inhabitants agree to pay their Proportion thereof, ^^^^^^'i^g ^^^ 
whereby Great Difficulties have arisen to said Inhabitants, from the ^'^' 
sujDpos*^ Illegality of said Assessm^ 

Therefore 

Voted that upon the said Assessors making Oath before the Clerk 
of said Plantation or before some Justice of the Peace in said County 
That in making said Assessm*^ they acted faithfully According to the 
Directions of the Law in apportioning the Same on said Inhabitants 
That then the said Assessment shall be Esteem** Valid & Effectual 
the aforesaid defect notwithstanding & the Collector or Collectors 
to whom the same Assessm*' are Comitf* shall & hereby are Authoriz"* 
& required to levy & Collect the same as fully & Effectually as they 
ought to have done if said Assessors had been specially appointed to 
make S** Assessment. [Passed December 14. 

* This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 18. 



70 



Province Laws (i?eso?yes, eiJc). — 1753-54. [Chaps. 160-162.] 



Legislative 
Records of the 
Council, XX., 
115. Mass. 
Archives, 
Ixxiv., 148. 

House Jour- 
nal, pp. 103, 121. 



CHAPTER 160. 

VOTE ALLOWING 40/ TO WILLIAM PEABODY. 

A Petition of William Peabocly, shewing that he was in the Ser- 
vice of this Province, as a Lieutenant in the Year 1749, thirteen 
Weeks of which time he was at the Charge of his own billeting & 
Sickness, Praying for an Allowance out of the publick Treasury to 
reimburse the same. 

Eead and 

Voted that the prayer of the petition be So far granted that the 
pet"' be Allowed out of the Publick Treasury the Sum of Forty shil- 
lings for his Expences in his Sickness Mentioned in the Pet°. [Passed 
December 14. 



CHAPTER 161. 



ORDER IMPOWERING THE TOWN OF WRENTHAM TO SELL THEIR 

SCHOOL LANDS. 



Legislative 
Records of the 
Couucil, XX., 
116. Mass. 
Archives, 
Iviii., 390. 

Mass. 

Archives, 
Iviii., 3S.9. 
House Jour- 
nal, pp. 112, 116. 



A Petition of John Groldsbury & others a Committee for the 
Town of Wrentham. shewing that the Proprietors of the said Town 
gave a Tract of Land for the Use of the School there, which is now 
under Lease, and for as much as the said Town are well assured that 
if the said Land were sold & the Money produced by the said Sale 
put to Use, and the Yearly Interest employed for the Support of 
said School, it would be much for its Benefit, therefore Praying the 
said Town may be impowered by this Court to dispose of the said 
Land accordingly; 

Eead & 

Voted that the prayer of the pet'' be granted And that the Town 
of Wrentham are hereby Enabled & Impowered to Make Sale of the 
School Lands Mentioned in the pet" for the Most the Same Avill fetch 
& to make and Execute a good & sufficient Deed or Deeds of the Same 
first giving thirty days Notice (in the s"^ Town of Wrentham) of the 
time & place of Sale provided also that the money Arising by the 
Sale be well & Sufficiently secured in the Said Town And the prin- 
cipal Always Kept Good and the Interest only to be apply'd towards 
the Support of the School in S*^ Town and that Neither the prin- 
cipal or Interest be apply'' to Any Other Use. [Passed December 14. 



CHAPTER 162. 



ORDER ON THE PET^' OF DIGHTON SELECT MEN IN REGARD TO CALL- 
ING TOWN MEETINGS. 



Legislative 
Records of the 
Council, XX., 
117. Mass. 
Archives, cv., 
463. 

Mass. 

Archives, cv., 
462. House 



A Petition of Dighton Select Men, shewing that the Persons 
chosen Constables of the said Town for this Year at the last March 
Meeting after the Meeting was dissolved refused to serve, and the 
Constable for the last Year is dead, therefore Praying that some 
Person may be appointed upon the Select Men's Warrants to notify 
a Meeting for choosing Constables &g^ 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 71 

[Eead &] "^"""m^'m 

Ordered that the Select-men of the Town of Dighton be and ^^' '' 
hereby are impowered (when they shall haue Occasion to warn a 
Town meeting for Transacting the pnblick affairs of said Town) 
To Direct their warrant To M'' George Pitts of Said Dighton re- 
quiring him to notify & warn the Inhabitants of said Town, and the 
Said George Pitts is hereby impowered and required upon his re- 
ceiving any Warrant from the Said Select-men to notify & warn the 
Inhabitants of Said Town accordingly, and that the meetings had 
upon Such warning shall be Deemed & held Legall as tho warned 
by a Constable. Legally Qualified, agreeable to the Law & Practice 
in this Province. \^Passed December 14. 



CHAPTER 163. 

VOTE IMPOWERING THE AGENTS OF THE TOWN OF HARDWICK TO 
SELL SCHOOL LANDS. 

A Petition of the Town of Hardwick, shewing that the Pro- Legislative 
prietors of said Town did at their first Settlement, set apart two councif xx*^^ 
hundred Acres of Land for the Support of a School, and the said n^. MasV. '' 
Land has lain unimproved ever since, & still likely to do so, & there- MfL.^sIl' 
fore Praying for Liberty to sell it. The Produce thereof to be em- mJ^^^] 
ployed for the same Purpose : Mii^'393' 

Read & House Jour- 

Voted that the prayer of the pet° be granted & that the Town of m Trovmce' 
Hardwick be & hereby are Enabled & Impowered to make Sale of Laws, xi., 606, 
the School Lands Mentioned in the Petition for the Most they will 
fetch & Make & Execute a good Deed or Deeds of the Same first 
giving thirty days Notice in the Said Town of Hardwick of the 
time & place of Sale provided Also that the Money Arising by the 
S"^ Sale be well & Sufficiently Secured in the S'^ Town and the prin- 
cipal Always Kept Good and the Interest only to be Apply*^ towards 
the Support of a School in S*^ Town & that Neither principal or 
Interest be Applyed for any Other Use. \^Passed Decemler 14. 



CHAPTEE 164. 

VOTE ACCEPTING THfi REPORT OF THE COMMITTEE APPOINTED ON 

NATICK AFFAIRS. 

A Petition of Ebenezer Felch & others, English Inhabitants of Legislative 

Records of tti6 

the District of Natick, representing the Difficulties they ly under, council, xx., 
by Reason of the present Situation of their Meeting House, pray- ^s, 59, iis. 
ing that they may have Liberty & Power to pass Votes respecting Archives xiii 
a more convenient Place for the Worship of God. 430-451. Maps' 

A Petition of John Sawen & eight others, English Inhabitants mis., xx>d'ii., 
of Natick, shewing that the Reason why they did not give in their Recoix^^of th^e^ 
Names into the Secretary's Office (to signify their desire in joining Council, xix., 
with others for the Support of the Minister over the Indians) was 86, m.' House 
the hope they had that the Inhabitants would have agreed on the 8fn3*i23'i24*'' 
Place of the Meeting House, by which Means they have lapsed the Province ' 



72 Province Laws ( Resolves .etc.). — 1753-54. [ Chap . 164.] 

cilaT^ sil"''^^^' Time limitted; Praying that they may now be admitted to Join with 

xiv., 442, chap. Capt Moi'se & others of their Bretheren that are already united with 

the Indians under the Eev"^ M'^ Badger, & that their Persons & Estates 

may be exempted from the Charge of the Ministry in any other part 

of Natick. 

The Committee appointed to consider the Petition of Ebenezer 
Felch & others, and the Petition of John Sawen & others, and the 
Petition of sundry Inhabitants of Natick; having heard the Parties 
& fully considered the same, beg Leave to report that it appears to 
the Committee that David Morse & his Associates, together with 
John Sawen &, eight others, have contributed towards the building 
the Meeting House in Natick, and entered into a Contract to j)ay 
a certain Sum, said to be Thirteen Pounds six shillings & eight 
pence, Lawful Money ^ Annum towards the Support of the Rev*^ 
M' Stephen Badger, the Minister there; And the Commissioners of 
the Hon*^'^ Corporation in England, and the Corporation of Harvard 
Colledge, have likewise advanced a considerable Sum towards build- 
ing the Meeting House, and agreed to pay the said M' Badger Fifty 
Pounds Sterling per Annum, equal to about Sixty Six Pounds, thir- 
teen shillings & four pence Lawful Money ; upon which Encourage- 
ment M"" Badger settled in the Place, and took the Oversight of 
a second Church embodied there some time in March last; Which 
Church consists of a Number of Indians and some English Inhabi- 
tants; viz' David Morse and his Associates who had been by this 
Court freed from Parish Taxes for the Support of the Ministry in 
Natick upon certain Conditions, which the said David Morse & his 
Associates had complied with. It appears further to the Committee 
that the first Church in Natick, and the other Inhabitants, who 
were not concerned in M'' Badgers Settlement, are not at present 
able to build an other Meeting House, nor to Support an other 
Minister in Natick, but seem desirous of uniting with the second 
Church, and forming themselves into one Church & Parish : The 
Committee are therefore of Opinion, That in Case the first Church 
in Natick shall, within six Months from this Time, be regularly 
united [&] ' embodied with the second Church there, and receive 
and own M'' Badger as Pastor thereof; and the Parish shall engage 
to raise towards his Support a Sum, not less than Thirty three 
Pounds six shillings & eight pence, Lawful Money per Annum, 
and shall engage to pay Twenty Pounds three shillings & four 
pence, part thereof to the Treasurer of the Commissioners and to 
the Treasurer of Harvard College, or their Order in equal Halves, 
that then the said Parish shall have Liberty to remove the New 
Meeting House from the Place where it now stands, to the Place 
where this Court formerly allowed this House to be placed, near 
to William Thomas's House, and not exceeding Forty Eods to the 
Westward thereof; Provided they shall set it up there & finish it 
to the Approbation of this Court within Six Months as aforesaid 
at the Charge of the [whole] ' Parish ; and shall likewise reimburse 
to Capt David Morse & others the several Sums they have advanced 
towards building the said House ; and likewise their Proportion of 
the Charge of Removing the same ; An Accompt of the whole being 
first laid before this Court for their Allowance; and upon the Com- 
pliance of the Parish herewith, the said David Morse & others who 
have agreed to pay M' Badger as aforesaid the Sum of Thirteen 
Pounds six shillings & eight pence per Annum shall be freed from 

* Inserted from the State Library copy, Legislative Records of the Council, xx., 115. 



[3d Sess.] Province Laws (Hesolves, etc.). — 1753-54. 73 

the said Contract; and again subjected to all Parish Taxes, any 
former Order of this Court to the Contrary notwithstanding, 

The Committee are further of Opinion that the Commissioners 
& Corporation aforesaid should be furnished with a Copy of this 
Report or of the Order of Court thereupon for their Consideration ; 
and further. That in Case of the Non Compliance of the first Church 
in Natick, and the Parish there, with the Order of the Court hereon, 
That then the Petition of John Sawen & eight others prefer'd to this 
Court at their Session in May last, be so far granted, as that the Peti- 
tioners with their Estates be annexed to Capt David Morse and his 
Associates, and be freed from doing Duty in the Parish of Natick 
for the future; they paying towards the Support of the Ministry 
agreable to their Contract with said M"" Badger; all which is hum- 
bly submitted. 

In the Name and by Order of the Committee, 

John Greenleaf. 

Read & Accepted; Provided the Commissioners for Indian Affairs 
& the Corporation of Harvard College, shall by a Vote of their 
respective Bodies signify their Agreement to the Uniting the two 
Societies in Natick on the Terms mentioned in this Report. [Passed 
December 14. 



CHAPTER 165. 

VOTE IMPOWERING ^AM}- MILBERRY & MARY NORWOOD, ADM^^ TO 

SELL LAND. 

A Petition of Samuel Milberry & Mary Norwood Administrators Legislative 
of the Estate of Gustavus Norwood late of York deC^ shewing that ^^Xcn', ° x^^"^ 
the Personal Estate is not sufficient to pay the Debts, and that it ^^^iji^ffg^^jx 
will be a great Prejudice to sell a part only of the Real, Praying 34. 
Liberty to sell the whole Real Estate, they to be accountable for House Jour- 
the Residue after the Debts are paid. iis'iis.' ^Prov- 

Eead & Ir'isV^clia 

Voted that the prayer of the petition be granted and that the said 16! ' ^ ^^' 
Samuel Milberry & Mary Norwood be and hereby are Impower'd to 
make Sale of the Lands mention'd in the Petition for the most they 
will fetch and to Execute a Deed or Deeds to Such Person or Per- 
sons who Shall purchase the Same Observing the Directions of the 
Law with respect to the Sale of Real Estates and the money arising 
by said Sale to be Improv'd in the following manner Viz' In the first 
place to pay the Just Debts of the Said Gustavus Norwood Deceas'* 
and Charges of s*^ Sale and the overplus to be let out on Interest for 
the benefit of the Heirs of the said Gustavus Excepting one third 
part of the Yearly Interest of s"* Money to be for said Mary during 
the time of her Natural life and that the Petitioners Give Bond to 
the Judge of Probate for the County of York that the proceds of 
s** Sale shall be applied in Manner afores'^. [Passed December 15. 



74 



Province Laws (Besolves^ etc.). — 1753-54. [Chaps. 166, 167.] 



CHAPTEE 166. 



VOTE IMPOWERING CHILDREN AND GUARDIANS OF CHILDREN OF 
PHILLIP AUDEBURT TO SELL REAL ESTATE AND MAKING PROVI- 
SION IN REGARD TO THE PROCEEDS.. 



Legislative 
Records of the 
Council, XX., 
1'21. Mass. 
Archives, xix., 
66^ 

House Jour- 
nal,.pp. lll,l-22. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of the Children of Philip Audebiirt late of Boston 
dec'^ Intestate and the Guardians of such of the Children as are 
under Age, setting forth the Necessity of selling a House & Land 
belonging to the Intestate's Estate situate in Kingstreet in Boston, 
and therefore praying for Liberty from this Court for selling the 
same, for paying the Intestates Debts, 

Eead & 

Voted that the Prayer of the Petition be Granted And That the 
Said Petitioners be authorized to make Sale of the House & ap- 
purtenances In Kings street in Boston Afore S'^ lately belonging to 
Philip Audebert late of Boston Dec*^ for the Most it will fetch & 
to Execute a Good Deed or Deeds of the Same They Observing the 
LaAV respecting the Sale of real Estates And giving Security to the 
Judge of Probate for the County of Suffolk that the proceeds of 
s'^ Sale be Apply'^ in the first place to Discharge the Mortgage on 
the Premisses & afterwards the Other Just Debts of the S'^ Dec** 
And that the Remainder (after the Said Philip Son of the Dec** 
has had his part Share or proportion thereof) be put out at Inter- 
est by S** Guardians & Interest & principal Apply'd as Occasion shall 
require to the Maintenance & Education of the Minors & whatever 
May remain when they Shall come of Age be delivered to s** Minors- 
According to their Respective shares all reasonable Charges being 
first Deducted The S** Guardians to be Accountable to the Judge 
of Probate for the time being of the County Afores** for their pro- 
ceeding herein. \_Passecl Deceiiiber 15.^ 



CHAPTER 167. 



Legislative 
Records of the 
Council, XX., 
1-20. Mass. 

Archives, cv., 
460. 

Mass. 

Archives, cv., 
459, 461. House 
Journal, 
pp. 123, 12S. 



VOTE ALLOWING £6. 13. 4 TO JOHN RUDDOCK. 

A Petition of John Ruddock of Boston, praying that he may 
be allowed by the Province the Value of a wooden Building erected 
upon Castle Island, by one Thompson, and purchased by the Pef^ 
the Government having taken the said Building to their own Use. 

Read & 

Voted that the Sum of Six pounds 13/4 be Granted & paid to the 
Pef John Ruddock in full Consideration for the building mentioned 
In the Pet" or if it be More Agreeable to the s** Ruddock to remove 
the Same as was first Intended that he have liberty So to do with- 
out his paying Any Consideration for the Stuff that was put into 
the building which belonged to the Province. \^Passed December 18. 

» This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 18. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 75 

CHAPTER 168. 

VOTE IMPOWERING ELIZABETH LAWRENCE, INDIAN, TO SELL LAND. 

A Petition of Elisabeth Lawrence of Natick, Indian, Praying Legislative 
for Liberty from this Court to sell Twenty five Acres of her own councif.xx?® 
Land, in Natick, for discharging the Debts contracted by her late ^^p,^f^||^'- 
Husband and her Sister Ann Brooks of Natick now dec"^ xxxu., ^2. 

Read and thereupon Mass. 

Voted that the Prayer of the Petition be so far granted as that xxxM^ilb. 
the Pef have leave with the Advice and Assistance of y® Guardian's H^ouse'jour. 
of the Natick Indians to sell so much of the Land therein men- proV^ince " 
tioned as will pay the sum of sixteen Pounds eight shillings they to ^otef ' ^^^-^ ^^• 
be accountable to this Court for their Proceedings herein. \^Passed 
Decemher 18. 

CHAPTEE 169. 

ORDER ERECTING THE NORTH PARISH IN SUNDERLAND INTO A SEP- 
ARATE DISTRICT. 

A Petition of the North Parish in the Town of Sunderland, ^|fj,'j.dfof the 
setting forth the Inconveniences they are under by being continued council, xx., 
as a part of the said Town, and Praying that they may be set off & ArcMve^s^,' 
made a seperate District 



Read with the Answer of the Rev*^ M"" Prince & D' Chaucey & ^l^lf-;^^^^ 
Ordered that the prayer of the Petition be So far granted that cxvi., 448-455. 
the petitioners be Allowed to bring in a Bill to Erect the S'^ North Befords of the 
Parish in Sunderland Into a Seperate District ' And that there be g^i^^^^^^^g^- 
a Tax of one half penny ^ Acre laid on the Unimproved lands in journal, pp- es, 
S*^ Parish for the Term of three Years And Also that there be Added Jnt'e Lawr,TiLi 
to the Next province Tax that shall be laid on the Other part of the ™. chap. 22. 
Said Town of sunderland the Sum of thirty one pounds which shall 
be by the province Treasurer paid to the Inhabitants of the present 
Northerly parish in S'' Town. \_Passed December 18. 



CHAPTER 170. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR FARMING 
EXCISE IN THE COUNTY OF BRISTOL AND ALLOWING £2. 9. 8 EX- 
PENSES THEREON. 

The Comitte Appointed by the Great & General Court To Farm Legislative 
out the Excise for the County of Bristol for one year from the Ninth couSxx?^ 
Day of luly Last, have attended that Service & have farmed out the ^-^-i^f^^^^"- 
Same To Capt° George Morey of Norton for the Sum of One hundred cxix.. 62.^'. 
& Thirty pounds Lawfull money and have Taken Bond Avith Sufficient House Jour. 
Suretys for the payment of the same and have Lodged Said Bond, ^2lu,'v'^i, 
with the Province Treasurer and the Committe pray for the follow- chap'. 5i. 
ing Allowance 

Read & 

Ordered that the Above Report be Accepted & the Sum of Two 
pounds 9/8 be AlloAved & paid to the Said Com'''' for their Trouble 
& Expences in farming S'' Excise. \^Passed December 18. 

1 Called "Montague." — Province Laws, iii., 713, chap. 22. 



76 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 171-173.] 



CHAPTEE 171. 



ORDER OF NOTICE ON THE PETITION OF SILVAN^ BARROW FOR PER- 
MISSION TO ENTER AN APPEAL. 



Legislative 
Records of the 
Council, XX., 
122. Mass. 
Archives, 
xliii., 772. 

Mass. 
Archives, 
xliii., 772-782. 
House Jour- 
nal, pp. 125, 126. 



A Petition of Silvanus Barrow of Middleborough, shewing that 
at the Inferiour Court held at Springfield in August last, an Action 
was tried between him & Obadiah Dickenson, that Judgment was 
against the Petitioner who was unavoidably hindered from attend- 
ing at the said Court; and his Attorney contrary to the Petitioners 
Order neglected to enter an Appeal; Praying that this Court would 
admit him to appeal to the next Superiour Court, & that Execution 
be stayed in the mean time, 

Read & 

Ordered that the petitioner Serve the Adverse party Ob. Dickin- 
son with a Copy of this Petition that he Shew Cause (if any he have) 
on the Second Fryday of the Next sitting of this Court why the 
prayer thereof Should not be granted provided the Petitioner give 
Bond with sufficient sureties Unto the Sheriff of the County of Plym-. 
outh To pay with Interest from this time the Sum s'^'Dickinson may 
finally Recover Against the Petitioner. [^Passed December 18. 



Legislative 
Records of the 
Council, XX., 
122. Mass. 
Archives, 
cxix., 624. 

House Jour- 
nal, p. 126. 



CHAPTER 172. 

ORDER DIRECTING THE PROVINCE TREASURER TO DELIVER TO SAM^ 
WHITE, ESQ^ A BOND GIVEN BY HIM. 

A Petition of Samuel "White of Taunton Esq"' shewing that he has 
suffered considerable Loss by taking the Excise for the County of 
Bristol for three Years that he has paid off his two fii-st Bonds and 
also his last Bond saving about Six Pounds, Praying for an Order 
to the Treasurer to deliver that Bond up discharged or otherwise 
Relieve the Petitioner, 

Read & 

Ordered that the prayer of the Petition be. Granted & that the 
province Treasurer be Allowed and Directed to Deliver to the pet' 
Sam^ White Esq"' his bond for the Year 1750. \^Passed December 18. 



Legislative 
Records of the 
Council, XX., 
81. Mass. 
Archives, 
cxvi., 444. 

Mass. 
Archives, 
cxvi., 440-447. 
Legislative 
Records of the 
Council, XX., 



CHAPTER 173. 

ORDER ERECTING DIVERS INHABITANTS OF NEW CASCO WITH THEIR 
ESTATES INTO A SEPARATE PARISH. 

A Petition of Nathaniel Noyes, Ichabod Clarke & fifty others. 
Inhabitants of that Part of Falmouth called New Casco, lying 
between North Yarmouth k the Easterly Side of Pesumscot River, 
setting forth the great Inconveniences they are under to attend the 
publick Worship, & Praying that they may be set off a seperate 
Parish, according to the Bounds set forth in the Petition. 

Read and 

Ordered that the Prayer of the Pet° be so far Granted, as that 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 77 

all the Inhabitants on the Easterly side of Pesumpscot Eiver be 122. House 
set off as a seperate Parish begining at North Yarmouth Line near m^i^t!'^'^'"*' 
the Sea, and from thence running by the Bay to Pesumpscot River, 
and thence up said River as far as the Westerly Side of M'' James 
Winslows Sixty Acre Lot on which his now dwelling House Stands, 
and from thence to run a Northwest Line, to the head of the Town- 
ship Including Mackworths Island Clapboard Islanld and Little 
Jabeeg; and as many of the Inhabitants of the first Parish in Fal- 
mouth as shall see Cause,* that live on the Westerly side of said 
Pesumpscot River convenient to said Parish have Liberty to Join 
with them with their- Estates on which they dwell within twelve 
Months, they transmitting into the Secretarys Office a List of their 
Names for Confirmation within said Term and That the Said Inhabi- 
tants be vested with the Powers and Privileges which other Parishes 
within this Province do, or by Law ought to enjoy. \^Passed Decem- 
ber 18. 



CHAPTEK 174. 

ORDER GRANTING TO ELIZABETH LIBBY LICENCE TO KEEP AN INN. 

A Petition of Elisabeth Libbey of Falmouth in the County of r®^'*.'?"^! .1, 
York shewing that she is conveniently situated & well provided to councir, xx., 
keep a Tavern in the said Town, therefore praying that the Court Arcw^es^cxi., 
of Sessions of the Peace for said County may be impowered to grant ^ 



her a Licence at the next Term. Mass 

Arch: 

279. 

Journal 



-p, I .1 Archives, cxi., 

-tveaCl & 279. House 



Ordered that the prayer of the petition be So far granted that pp^joe'ia?. 
the Justices of the Court of General Sessions of the peace Next 
to be Holden in the County of York be Impowered (if they See 
fit) to Licence the petitioner to keep a house of publick Entertain- 
ment in s'' Falmouth She first Obtaining the Approbation of the 
Selectmen of S'^ Town. \^Passed December 18. 



CHAPTEK 175. 

VOTE IMPOWERING HANNAH UNDERWOOD [ADM^] TO SELL REAL 
ESTATE AND MAKING PROVISION AS TO THE PROCEEDS. 

A Petition of Hannah Underwood Widow [Adm^,] of Joshua Legislative 
Underwood late of Mendon dec*^ Praying that She may be enabled to c^nrfi^xx!^® 
sell thirty Acres of Land at Wiscasset belonging to his Estate, she 123. MasV. '' 
not being able to perform the Conditions of holding it, & to prevent .^x^^s^^^' 
it's being forfieted. ^^^_ 

Read & Archives, 

Voted that the prayer of the Petition be granted and that the kouseJour. 
petitioner in her Capacity be & hereby is Authorized to make Sale L^Vprol^nce"' 
of the premisses Mentioned In the petition for the most that may ^^^^'j"-' ^^^> 
be & to Execute a Good Deed or Deeds in the Law of the Same 
she first Observing the Law respecting the Sale of Intestate Estates 
Giving security to the Judge of Probates for the County of Worces- 
ter that the proceeds of Such Sale shall be Duly Apply'd for the 
payment of the Just Debts of her late Husband Joshua Underwood 

' The words "as shall see Cause," are underlined in the original MS. 



78 



Province Ijk\\^ {Resolves, etc.). — 1753-54. [Chaps. 176, 177.] 



Deceased And the Eemainder thereof After the Debts are paid be 
put out at Interest reserving only to her own Use as her right of 
Dower one third of the Interest of S'^ Money for the Benefit of her 
Children And that the remainder both principal & Interest be De- 
livered them respectively (Necessary Charges being first Deducted) 
when they Shall arrive at Lawf ull Age she the S*^ Hannah to be Ac- 
countable to the Judge of Probate for the time being for the County 
of Worcester for her proceedings in the premisses. [Passed Decem- 
ber 18. 



CHAPTEE 176. 

VOTE IMPOWERING JAMES BOUTINEAU & W^ BOWDOIN, GUARDIANS, 
TO SELL REAL ESTATE. 

Recordfof the ^ PETITION of James Boutineau, and William Bowdoin, Guar- 
councii, XX., dians of five of the Children of Belthazer Bayard, shewing that in 
A'rchives^xix., the Division of the Estate of their Grand father James Bowdoin 
?i:^ dec'^a House and Land and divers small Lots in the Town of East- 
Archives xix ^^^"^ ^®^^ ^^ their Share, all which is sinking in its Value, therefore 
22. House' " '' Praying for Liberty from this Court to sell the same, for the greater 
Journal, p. 127. benefit of the said Minors, 
[Read &] 

Voted that the Prayer of s*^ Petition Be Granted and yt the Peti- 
tioners In their s*^ Capacity Be and Hereby are Impowered to make 
sail of the Real Estate mentioned In Their Petition for the most 
it will sell for and to Execute a Deed or Deeds of Sale for the Pass- 
ing the Title of the Same and that the moneys ariseing By S*^ sale 
Be Lett out on Interest for the Benifitt of their Wards and That 
the s*^ Guardians Giue Bond to the Judge of Probate for the County 
of Suffolk For the faithfull Performance of Their Trust In this 
matter. [Passed December 18. 



Legislative 
Records of the 
Council, XX., 
124. Mass. 
Archives, xix., 
fi.5. 

House Jour- 
nal, pp. 116, 128. 
Province 
Laws, xi.,738, 
chap. 69. 



CHAPTER 177. 

VOTE IMPOWERING BENJ'^ STARR TO SURVEY AND LAY OUT 100 ACRES 

OF LAND. 

A Petition of James Wright, Attorney to Benjamin Starr pray- 
ing for an Equivalent in Consideration of seventy Acres of Land, 
taken oil (from a Grant of 250 xicres made by this Court in 1733, 
to the Heirs of Capt Weld) by the runing of the Lines of the Town- 
ship called Nitchewogg. 

Read & 

Voted that the s*^ Benj* Starr have Liberty to survey & lay out 
One Hundred Acres of the Unappropriated lands of the province 
And Return A plan thereof to this Court in twelve Months for Con- 
firmation for that part of a Grant of Land made by this Court Some 
Years Since & Now belonging to the S*^ Benj'^ Starr by Mistake was 
laid out in the Township of Nicherwoag. [Passed December 18. 



[3d Sess.] Province Laws {Besolves, etc.). — 1753-54. 79 



CHAPTEE 178. 

VOTE ACCEPTING REPORT OF Y^ STATE OF THE CASE REFERS TO THE Legislative 

BOUND^' W^" NEW YORK COLONY. Counctf xx!^^ 

130. Mass. ' 

Samuel Watts Esq^ from the Committee of both Houses (ap- f^}^^^^^' ^'^■' 
pointed for that Purpose) gave in their Report of the State of the ^J^ 



Case referrino; to the Dispute between this Province, and that of Archives, iv., 

-N- ^- 1 ^- xu • -n 1 • 424-437. Legis- 

jSew lork respecting their iioundaries: lative Records 

[The report] Read & accepted ' & the Committee are ordered to xi-%^™el' 

prepare a Letter to M"^ Agent Bollan to accompany this State of p. 53, chap, 
the Case with proper directions relative to it & to report the same.'^ 
\^Passed December 18.^ 



CHAPTER 179. 

ORDER GRANTING TO GEORGE TILLEY LICENCE TO KEEP AN INN. 

A Petition of George Tilley of Boston Retailer, Praying that Legislative 
the Court of General Sessions of the Peace for Suffolk may give coundf.xx.,^ 
him a Licence to keep Tavern in a House in Ann Street, which Archfvesfcxi., 
has been improved in that Way. -"■ 

Read and Mass. 

Ordered that the Prayer of the Pet° be so far Granted as that ^e^'^Hous'e''''' 
the Justices of the General Sessions of the Peace for the County Journal, p. isi. 
of Suffolk at their next ensuing Sessions be and hereby are impow- 
ered to Grant the Pef a Licence to keep a Tavern in the Town of 
Boston the remaining part of the Year Provided he Obtain a Rec- 
ommendation from the Select Men of the Town of Boston for that 
Purpose the Time for Granting Licences being elapsed notwithstand- 
ing. \_Passed December 19.* 



CHAPTER 180. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE IN 
THE COUNTY OF BARNSTABLE AND ALLOWING £1. 18. 8 FOR THE 
EXPENSES THEREOF. 

The Committee Apointed to Farm the excise in the County of Rlfordfjf the 
Barnstable For the Year 1753. Have met And Attended that Ser- council, sx., 
vice And Have Farmed s<^ Excise to David Gorham Esq'^ For One Archives?" 
Hundred Thirty Four pounds Two Shillings And Eight Pence Law- cxix., 626'. 
full Money of this Province And Have taken Bond with Sureties House JMir- 
for the Payment of the Same Pursuant to Law And have Lodged Anie,'v.2i, 
&'^ Bond with the Province Treasurer And pray An Allowance for cbap.so. 
their trouble And Expences As Follows; viz^ [£]1.18.8 

^ order of the Committee John Otis 

^ Owing to the length of the report it is not printed with the chapter. It may be found 
in Mass. Archives, iv., 424-437. 

^ Not found in the House Journal. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 22. 

* This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 18. 



80 



Province Laws (i?e«oZves, e^c). — 1753-54. [Chaps. 181-183.] 



Legislative 
Records of the 
CouDcil, XX., 
125. 

House Jour- 
nal, pp. 8, 130. 



Read & 

Ordered that the Above Report be Accepted & that the sum of 
One pound 18/8 be Allowed & paid the S"^ Com*^ for their Trouble 
& Expeuce in farming s'' Excise. \^Passed Decemher 19. 



CHAPTER 181. 

ORDER ALLOWING THE ACCO'^ OF THE TREASURER OF PLYMOUTH 

COUNTY. 

An x\ccompt presented by Edward Winslow Esq"" Treasurer of the 
County of Plymouth for the Year 1752, Having been by him laid 
before the Court of General Sessions of the Peace for the said County 
and by them allowed. 

Read & 

Ordered that the within Accompt be allowed, and that the Bal- 
lance thereof being Seventy seven Pounds six Shillings & four pence, 
the said Treasurer is further accountable to said County for. [Passed 
December 19. 



CHAPTER 182. 



ORDER GRANTING TO SMiV- BRADFORD LICENCE TO KEEP AN INN. 

Reford"of the ^ PETITION of Samuel Bradford of Middleton in the County of 
Council, XX., Essex, shewing that he is much desired by Persons concerned to set 
Archiv^esTcxi., up a Tavern in the said Town, where at Present there is none; Pray- 

'^£i ing that the Court of General Sessions of the Peace for said County 

may be allowed to grant him Licence. 
Read & 

Ordered that the prayer of the Petition be so far granted that 
the Justices of the Court of General sessions of the peace for the 
County of Essex are hereby Impowered at their Next Term (if they 
See fit) to Licence the pef to keep a Publick House of Entertain- 
ment In the Town of Middleton The time for Granting of Licences 
being Elapsed Notwithstanding he first Obtaining the Approbation 
of the selectmen of S*' Town. [Passed Decemher 19. 



IMass. 

Archives, cxi., 
281. House 
Journal, p. 130. 



CHAPTER 183. 



Legislative 
Records of the 
Council, XX., 
126. Mass. 
Archives, lix., 
399. 

Mass. 

Archives, lix., 
398. House 
Journal, p. 130. 



ORDER GRANTING TO HENRY BARNS LICENCE TO SELL STRONG DRINK. 

A Petition of Henry Barnes of Marlboro, Praying that the Court 
of General Sessions of the Peace for the County of Middlesex may 
be impowered at their present Session to grant him a Licence to 
sell by Retail a spirituous Liquor which he distills off of Cyder. 

Read & 

Ordered that the Prayer of the Petition be so far granted that 
the Justices of the Court of General sessions of the peace for the 
County of Middlesex are hereby Impowered (if they See fit) at their 
Present or at their Next Term to Licence the pef to Sell by Retail 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 81 

In S'' Town such Spirituous Liquors as he shall Distill he first Obtain- 
ing the Approbation of the selectmen of Marlboro the time for Grant- 
ing Licences being Elapsed Xotwithstanding. \_Passecl December 19. 



CHAPTER 184. 

ORDER GRANTING TO ISAAC WHITNEY LICENCE TO KEEP AN INN. 

A Petition of Isaac Whitney of Biddeford in the County of Legislative 
York, Praying that the Court of General Sessions of the Peace councff, xx!f ^ 
for the said County, may by this Court be impowered at their next ArcMv^es^cxi 
Term, to grant the Petitioner a Licence to keep Tavern in the said 274. 
Town of Biddeford, Mass. 

T?QQr1 Ht Archives, cxi., 

JXeau (S 273. House 

Ordered thdit the prayer of the pet° be so far granted that the Journal, p. 129. 
Justices of the Court of General sessions of the peace for the County 
of York be Impowered (if they think fit) to Licence the pef to keep 
a house of publick Entertainment in S"^ Biddeford he first Obtaining 
the Approbation of the selectmen of S'' Town The time for Grant- 
ing of Licences being Elapsed Notwithstanding. \_Passed Decem- 
ber 19. 



CHAPTER 185. 

ORDER IMPOWERING SARAH STANIFORD, EXECUTRIX, TO BRING FOR- 
WARD A WRIT OF REVIEW. 

A Petition of Sarah Stanniford Execut^ of John Stanniford late Legislative 
of Boston dec** shewing that She was in that Quality summoned by ^ouncif xx'^® 
a Deputy Sheriff's reading to her a Paper she understood not, to 104. MasV '' 
appear at the Inferiour Court of Common Pleas in the County of f^_^^^^^^' ^^^■> 
Essex to Answer to the Suit of John Calef, but she mistaking it ^^^_ 
to be a Citation to appear before the Judge of Probate for the said ^'^^-^'^l v^^ui" 
County, neglected to attend at the said Court to defend the said tive Words of 
Action which she could easily have done ; By which Means Judg- x^x-.^ml^m 
ment went against her by Default, Of all which she was intirely ^^T^/ "^i^ig^iog 
ignorant, till the Officer came & levied the said Execution on her 132,' 133'. 
Testator's Estate in her Hands; praying that she may be impowered 
to review the said Action, & if need be, to pursue it in the Supe- 
riour Court, and that the said Court may be directed to try the 
same till it come to final Judgment. 

[Eeport] Eead & not Accepted & thereupon 

Ordered that the Prayer of the Petition be so far granted as that 
the Pef in her Capacity of Executrix be & hereby is enabled to bring 
her Writt of Eeview on the Judgm* within mentioned at the next 
Infer"' Court of Common Pleas to be holden for & within the County 
of Essex, she to attend the Directions provided by Law in Case of 
bringing forward a Writ of Review ; And the Justices of the said 
Court are hereby impowered to order an issuable Plea upon the 
original Writt, & to hear & determine upon the Action of Eeview 
in like manner to all Intents & Purposes whatsoever as if the 
Default referr'd to in the Petition had not been made. \^Passed 
December 20. 



82 



Province Laws ( Resolves ,etc.). — 1753-54. [ Chaps . 186-188.] 



CHAPTEE 186. 



VOTE ALLOWING £4. 16 TO NATHi- GARDNER. 



Legislative 
Records of the 
Council, XX., 
127. Mass. 
Archives, 
Ixxiv., 146. 

Mass. 
Archives, 
Ixxiv., 146. 
House Jour- 
nal, pp. 131, 133. 



A Petition of Nathaniel Gardner of Pembroke, Praying to be 
reimbursed, by Order of this Court, the Charge he was at for Nurs- 
ing & Doctors in his Sickness contracted while he was in the pub- 
lick Service in the late War. 

Read & 

Voted that there be Allowed & paid out of the Publick Treasury 
to the pef Nat' Gardner the sum of four pounds sixteen shillings 
to Enable him to pay his Nursing & Doctor as Mentioned in the 
petition. [Passed Decemler 20. 



Legislative 
Records of the 
Council, XX., 
127. Mass. 
Archives, xix., 
29. 

Mass. 

Archives, xix., 
28. House 
Journal, 
pp. 131, 132. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTEE 187. 



VOTE IMPOWERING RHINE AS & SARAH BLOOD TO SELL REAL ESTATE. 

A Petition of Phineas Blood & Sarah his Wife, late Widow of 
Ebenezer Miriam jun' of Concord dec*^ shewing that the real Estate 
of the said Ebenezer is under such Circumstances as to be very un- 
profitable both to his Widow & Children, Therefore Praying that 
the said Estate may be sold, and the Produce thereof improved for 
the best Advantage of both : 

[Read &] 

Voted that the prayer of the Petition of Phinehas Blood & Sarah 
Blood, be So far granted as that the Said Phinehas & Sarah with 
the Consent and approbation of Nathaniel Whittemore of Concord 
be and hereby are authorized & impowered to make Sale of the 
Buildings & Lands therein mentioned for the most the same will 
fetch and to make and Execute a good Deed or Deeds of the same 
they observing the Direction of the Law respecting the Sale of Real 
Estates. Provided also they Give Sufficient Caution To the Judge 
of Probate for the County of Middlesex that the j)rincipal Sum 
arising by Said Sale Shall at the Decease of the Said Sarah be paid 
to the Two Daughters. of Ebenezer Merriam Jun"" Dec*^ or their 
Legall representatives, agreeable to the Will of the Said Ebenezer. 
[Passed December 20. 



CHAPTEE 188. 



VOTE DIRECTING WALTER M^FARLAND, INTERPRETER, TO REPORT AT 

BOSTON. 



Legislative 
Records of the 
Council, XX., 
128. Mass. 
Archives, 
cviii., 521. 

Legislative 
Records of the 
Council, XX., 
n4,n9. House 
Journal, 
pp. 101, 121, 134. 



The Com''™ on His Excellency's Message of the 14*^ Instant beg 
Leave to report in part; viz' that His Excellency the Governour be 
desired to give Orders that Walter M'^Farland, the present Inter- 
preter at Richmond repair directly to Boston in order to perfect 
himself in Reading, Writing & Cyphering, The Cost of which, 
together with his Boarding for three or. four Months, to be at the 
Charge of the Province; and that Robert Dewee; who hath some 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 83 

Knowledge of the Indian Tongue be sent to Richmond, and be 
employed as Interpreter during the Absence of the said Walter. 

Jacob Wendell by Order. 
Read & Accepted, \^Passed December 21. 



CHAPTEE 189. 

VOTE IMPOWERING EBENEZER NICHOLS, GUARDIAN, TO SELL LAND. 

A Petition of Ebenezer Nichols, Guardian of Samuel Pool of ^Iford"of the 
Reading a Minor, shewing that the Judge of Probate for the County council, xx., 
of Middlesex hath settled the Estate of the said Samuel's Father upon Archiv^esf xix., 

him, he to pay the other Heirs their Proportions, that one of the ^^ 

Sisters is about marrying, and the Said Samuel (who will be for ten Mass. 
Months longer under Age) is desirous to have a Piece of Pasture 49. Hmise '^'' 
Land sold to pay his Sister, Therefore Praying that the Petitioner "^^XlbD's. 
may be enabled to sell the said Land. Province 

n-» T Laws, 11., lol, 

[Read & ciiap. 10. 

Voted] ' 

That the Petitioner Eben' Nichols in his Capassity of Gaurdean 
to Sam^ Pool be Impowerd and Innabled to make Sale of s*^ Land 
mentioned in the petition for the most it will fetch, and to Execute 
a good Deed or Deeds in the Law for Conveying the Same He to 
Observe the Directions in the Law for the Sale of Reale Estates and 
Give Caution to the Judge of probate for the County of middle- 
sex, that the proceeds of Said Sale be Improved in paying the Said 
Minors Sister her Share or Rite in her late fathers estate, and the 
overplus (if any be) to be Improved to the best advantage of Said 
minor. \_Passed December 21. 



CHAPTER 190. 

VOTE IMPOWERING ESTHER HARRINGTON, ADMINISTRATRIX, TO SELL 

REAL ESTATE. 

A Petition of Esther Harrington, Widow & Administratrix of Rlfords^of the 
the Estate of Adino Harrington late of Weston dec*^ shewing that council, xx., 
the personal Estate is insufficient to pay the Debts, that the Real ArcMves,\ix., 
Estate cannot conveniently be divided ; Therefore Praying that she ^ 



may be impowered to sell the whole, the Residue after the Debts ^^^^j.,,gg ^j,. 
are paid to be put out on Interest : 31. House 

r-r> ion Journal, 

[Read ^\ pp. 131, m, 135. 

Fo^efZ that the prayer of the Petition of Esther Herrington_ be ^^-^g^l^Ji^^ ^g^^ 
so far granted as that the Said Esther in her Capacity of administ^ chap. '10.'' 
be and hereby is authorized & impowered to make Sale of the Dwell- 
ing House & Land therein mentioned for the most the Same will 
fetch and to make & Execute a good Deed or Deeds of the Same. 
She observing the direction of the Law respecting the Sale of Real 
Estates. Provided also She Give Sufficient Caution to the Judge of 
Probate for the County of Middlesex that the produce arising by 
Said Sale (after the Just Debts of her Late Husband Adino Her- 

1 Inserted from Legislative Records of the Council, xx., 128. 



8i 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 191, 192.] 



rington be paid out of the Same) be Secured on Interest for the 
heirs of the Said Adino & the s*^ Esther to receive only one 

Third part of the Interest, of the money remaining after the Debts 
of the S*^. Adino are paid as afors** & the remainder to be for the 
heirs of the Said adino. \^Passed December 21. 



Mass. 

Archives, 

cxix.,627. 



House .Jour- 
nal, p. 135. 
Ante, p. 25, 
chap. 44. 



CHAPTER 191. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE TO FARM EXCISE 
FOR THE COUNTY OF SUFFOLK AND ALLOWING £6. 19. 4 EXPENSES 
THEREOF. 

The Committee appointed to farm out the Excise on Licquer 
&c^ in the County of Suffolk, have Attended that Service, and Sold 
it to the highest bidder M"" Samuel Adams of Boston for Two Thou- 
sand and Thirteen Pound Six Shillings and Eight Pence Lawfull 
money for One Year, which will End the Ninth of July 1754 and 
taken a bond executed by Said Samuel Adams, John ' and Elisha 
Jones for the Payment of the aforesaid Sum ' Treasurer of the Prov- 
ince to whom wee have Delivered sd ' as ^ his receit herewith, and 
the Committee Pray Allowan ' the Account Hereunder 

Jacob Wendell by order 

Eead & accepted &. 

Ordered that the s^ Com*®® be Allowed & paid out of the f)ublick 
Treasury the Sum of Six pounds Nineteen shillings & four pence 
for their Trouble & Expences In farming S^ Excise. {Passed 
December 21. 



CHAPTEE 192. 



ORDER SETTING OFF DIVERS PERSONS AND THEIR ESTATES FROM 
STOUGHTON TO NORTON. 



Legislative 
Records of the 
Council, XX., 
79. Mass. 
Archives, 
cxvi., 439. 

Mass. 
Archives, 
cxvi., 437-439. 
Legislative 
Records of the 
Council, XX., 
116,129. House 
Journal, pp. 71, 
137. Province 
Laws, v., 68, 
note. 



A Petition of Seth Boyden & thirteen Inhabitants in the South 
Westerly Part of the second Parish in Stoughton, setting forth the 
Difficulties they are under for their attending the publick Worship 
there, by Reason of their Remoteness from the Place of Worship, 
Praying that they may be set off to the North Precinct in Norton, 
which will be much more Convenient for them. 

Read and 

Ordered that the prayer of the within Petition be Granted And 
that the Petitioners with their Estates be And hereby are annexed 
to the Second or North precinct in the Town of Norton there to 
do duty & enjoy previledge as Other the Inhabitants of s*^ precinct 
by Law do enjoy always provided that they pay their Just propor- 
tion to all past Taxes already Granted Or Assessed by the Second 
parish in Stoughton and they are hereby Subjected to pay the Same 
Accordingly. \^Passed December 22. 

» MS. mutilated. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 85 

CHAPTEK 193. 

ORDER ADJOURNING THE COURTS OF YORK COUNTY. 

Whereas by Law the Court of General sessions of the peace and ^^8^®^^*^^? ^ 
inferiour Court of Comon Pleas for the County of York was to have council, xx., 
been holden on the first tuesday of January, next, and several con- Archives*^' 
eerned, in said Courts are Members of the General Court which its xiui., 82-2.' 
probable will be sitting at that time. Therefore House Jour- 

Ordered^ That the said Courts of General sessions of the peace province"' * 
& Inferiour Court of Comon pleas &c be and they hereby are ad- ^ifa^^'32"''^'*' 
journed to the first tuesday of February next; and all officers & 
others concerned in said Courts are to conform themselves Accord- 
ingly : and all processes and Other Matters and things depending in 
said Courts, and which are by Law to be heard tried and proceeded 
upon at said Term, shall be heard tryed & proceeded upon on the 
first tuesday of February next, and the Justices of said Courts are 
hereby required to Conform themselves accordingly. \_Pa8sed Decem- 
ber 22. 



CHAPTER 194. 

VOTE ALLOWING £50 AND A FURTHER SUM OF £16 TO ROB^ BALL. 

A Petition of Eobert Ball, Keeper of the Light House, shew- Legislative 
ing the great Difficulties attending his Business, and praying for councif, xx*.f ^ 
an Allowance of his last Years Salary, with some reasonable advance i^o. Mass. 
and also the Charges he has been at in providing for Fewel for keep- ixv.,8. 
ing the Oil from Chilling. Mass. 

T?fiafl Xt Archives, 

•*^6^^ ^ Ixv., 6. House 

Voted That the Sum of Fifty pounds be Allowed & paid out of '^^"^^^'•jgg 
the Publick Treasury to the pef Rob Ball, for a Year service end- ^^' ""' 
ing the 19''' of Nov Last and the further sum of Sixteen pounds to 
Eeimburse him so Much he Advanced for Cord wood for the Light 
House. [^Passed December 22. 



CHAPTER 195. 

VOTE IMPOWERING THANKFUL GLESON, ADM^, TO SELL A RIGHT TO 

LAND. 

A Petition of Thankful Glesson Administ^ of the Estate of ^|f^^|j\*^Jf^the 
Ebenezer Glesson late of Framingham Dec^ shewing that the said Council, xx., 
Ebenezer died seized of a Right of Land in the Plantation of New Archives^xix., 
Framingham, that it will be a great Damage to his Estate, if it be -^ 



not speedily sold ; Therefore, Praying that she may be impowered '^^^^^[^^^ ^^^ 
by this Court to sell the said Land: i9. House 

"D „ A <v Journal, 

Jteaa iSj pp. iie, ise. 

Voted that the Pet° be so far granted as that the Said Thankfull P^^i^jj^ ^^^ 
in her S*^ Capacity be & hereby is Impowered to make Sale of her chap.'io.' 
late Husbands Right in the Lands therein Mentioned for the Most 
the Same will fetch and to make & Execute A Good Deed or Deeds 



8Q 



Province Laws {Resolves^ etc.). — 1753-54. [ Chap . 196.] 



of the Same She Observing the Directions of the Law respecting the 
Sale of real Estates Provided Also the Pef give Caution to the Judge 
of Probate for the County of Middlesex that the proceeds Arising 
by S^ Sale shall be Distributed Among the Lawfull Heirs Agreeable 
to Law. [Fussed December 22. 



CHAPTER 196. 



ORDER SETTING OFF A PART OF STOUGHTON WITH THE INHABITANTS 
THEREOF TO WRENTHAM. 



Legislative 
Records of the 
Council, XX., 
45, 135. Mass. 
Archives, 
cxTi., 394. 

House Jour- 
nal, pp. 26, 72, 
120, 136. 



A Petition of Ezra Smith of Stoughton, and Theodore Man of 
Wrentham ' for themselves & others, setting forth the Difficulties 
they are under with Respect to their Attendance on the publick 
Worship of God, praying that the Petitioners (whose Names are 
subscribed to the Petition) with their Estates, may be set off from 
the Town of Stoughton, and annexed to the Town of Wrentham, 

The Committee appointed on the Petition of Ezra Smith & others 
of Stoughton, prefer'd to this Court in May last. Praying to be 
annexe'd with their Estates to the Town of "Wrentham, together 
with the Answers of the Towns of Stoughton & Wrentham, having 
fully heard the Parties thereon are of Opinion that the Prayer of 
the Pet° be granted, and that all that part of the Town of Stough- 
ton with the Inhabitants Lying to the South and South west of the 
following Lines or Bounds; viz*^ begining at Walpole Line between 
the twenty first & twenty second Ranges of Land in Stoughton, and 
from thence to run in the Line dividing said Ranges, Southerly 'till 
it comes to the South easterly side of the Country Road, leading from 
Capt Billings's to the School Farm, or M"" Hews's; and from thence 
the South easterly Side of said Road to be the Bounds untill it comes 
to the Line dividing the twenty fourth and twenty Ranges ; and 

thence in said Line untill it meets with the Bounds of the Town 
of Norton; be and hereby are annexed to the Town of Wrentham, 
there to do Duty and enjoy Priviledge, as other the Inhabitants of 
Wrentham do, Provided that the Inhabitants aforesaid pay their 
Proportion to all Province Taxes, Town and Parish Taxes already 
granted or assessed on them, either by the Town of Stoughton on * 
the second Parish in Stoughton, 

All which is submitted : ^ Order of the Com*®® 

John Hill, 

Read and 

Ordered That this Report be and hereby is accepted ; and that 
part of the Town of Stoughton therein-mentioned (together with 
the Inhabitants thereon) is annexed to the Town of wrentham 
accordingly. [Passed December 22.^ 

* The House Journal, p. 26, reads, '^ Ezra Smith, and Theodore Man, of Stoughton." 
^ Sic, but evidently a mistake for or. 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 28. 



[3d Sess.] Province Laws (Hesolves, etc.), — 1753-54. 87 



CHAPTEE 197. 

ORDER IMPOWERING MOSES PEARSON, ESQ«, TO BRING FORWARD A 
WRIT OF REVIEW. 

A Petition of Moses Pearson of Falmouth in the County of Legislative 
York, shewing that Judgment went against him at the Superiour councif, xx., ^ 
Court for the said County held in June 1752, in an Action between AJcMv^es^' 
him and John & Thomas Thomas, which he apprehends was occa- xiiu., 745.' 
sioned by one of the Jurymens being interested in a Cause depend- Mass. 
ing in the same Court, the Original Foundation was the same with ^m^.'vfflTie. 
this, Therefore Praying that this Court would grant him another Rlfords^of the 
Trial of said Action, council, xx., 

Eead together with y® answer of John Thomas and Thomas Thomas joumai^ ifp. 82, 
together with the Papers accompanying the same and ^^^' ^"^'^''• 

Ordered That the Prayer of the Petition be so far Granted that 
he be and hereby is allowed to bring forward his Writ of Keview 
of the Cause above mentioned at the Superiour Court of Judicature 
to be holden at York in and for the County of York on the second 
Tuesday of June next ensuing the Date hereof. And the Justices 
of the said Court are hereby impowered to hear and try the said 
Cause to enter up Judgment & award Execution thereon accord- 
ingly. [Passed December ■26.^ 



CHAPTER 198. 

ORDER COMMITTING THE PETITION OF SARAH PAYNE. 

A Petition of Sarah Payne living on Province Land Westward ^^^'rl^^f ^h 
of Sheffield, praying that this Court would give Order that her council, xx.. 
Husband may be bailed being imprisoned in Albany Goal by Robert Archi^esTvi., 

Livingstone jun"' Esq' the Cause of his Imprisonment relating to ^^ 

this Government. Mass. 

-r-, IP Archives, vi., 

-tteaa is, 152. House 

Ordered that this Petition be Committed to the Committee Upon p^i^g'^lf'' 
the second Paragraph of his Excellencys Speech to Consider and 
report thereon. [Passed December 26. 



CHAPTER 199. 

ORDER ALLOWING £20 TO JOHN WHEELWRIGHT, ESQ«. 

A Memorial of John Wheelwright Esq' setting forth his divers Legislative 
Services for the Government, besides the Common Business of his councif, xx!f * 
Office, as Commissary General, more especially his providing Pres- W3. Mass. 
ents for the Indians, and for the Voyages of the Commissioners in ixxiv., 96*. 
their late Treaties with them ; for which kind of Services he has Mass. 
had no Consideration made for some Years past, Praying for some j^x^^^^le' 

Allow"^® for them : House Jour- 

nal, pp. 110,140. 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 21. 



88 



Province Laws (Besolves, etc.). — 1753-54. [Chaps. 200, 201.] 



Eeacl & 

Ordered that the sum of Twenty pounds be Allowed & jjaid out 
of the Publick Treasury to the Pef John Wheelwright Esq"" In 
Consideration of his Services mentioned In the Petition. \_Passed 
December 27. 



Legislative 
Records of the 
Council, XX., 
133. Mass. 
Archives, 
Iviii., 414. 

Mass. 
Archives, 
Iviii., 414. 
House Jour- 
nal, pp. 109, 140. 



CHAPTER 200. 

VOTE IMPOWERING HAN" WILLISTON, GUARDIAN, TO SELL REAL 

ESTATE. 

A Petition of Hannah Willistone of Springfield, Guardian of 
her Son Noah Williston a Minor, shewing that' her said Son being 
very desirous of Education She has consented to his being educated 
at Connecticut Colledge, where he is admitted; and forasmuch as 
his Estate consists almost wholly in Lands, praying that She may 
be impowered by this Court to sell them for defreying his Charges 
with the Produce, under such Restrictions as this Court shall think 
fit to enjoin. 

[Read &] 

Voted 

That the said Hannah in her said Capacity be and hereby is im- 
powred to make Sale of the Real Estate of the said Noah and to 
make good »& sufficient Deed or Deeds thereof she first giving pub- 
lick Notice of the Time & Place of Sale and giving Bond to the 
Judge of Probate &c. in the County of Hampshire to improve the 
Proceeds of such Sale For the Use of said Noah and to render Him 
an Acco" thereof & to pay Him the ballance thereof when he shall 
arive at age. [^Passed December 27. 



Legislative 
Records of the 
Council, XX., 
131. Mass. 
Archives, xix., 
36. 

Mass. 

Archives, xix., 
3.5. House 
Journal, 
pp. 139, 142. 



CHAPTER 201. 

ORDER IMPOWERING JAIRUS BYSBEE TO SELL LAND AND MAKING PRO- 
VISION IN REGARD TO THE PROCEEDS. 

A Petition of Jairus Bysbee and Susannah his Wife shewing 
that they are desirous to sell a Lot of Land in Duxbury belonging 
to the said Susannah for purchasing Lands much more commodious ; 
but for as much as the said Susannah is under Age, praying that this 
Court would enable her to sell the same. 

[Read &] 

Ordered that the prayer of the Petition be so far granted as that 
the Said Jairus, be & hereby is impowered to make Sale of the ninty 
ninth Lot of Land in said Petition mentioned for the most the Same 
will fetch & to make & Execute a good Deed or Deeds of the Same, 
first giving Seasonable notice of the Time & place of Sale, and also 
giving Caution to the Judge of Probate for the County of Plimouth 
that the produce arising by Said Sale Shall be applyed towards pur- 
chasing part of the Homestead of Isaac Wadsworth Dec*^ as men- 
tioned in Said Petition, which Deed or deeds So given by the Said 
Jairus of the Said ninty ninth Lot of Land, shall be Deemed good 
& Valid to all intents & purposes, as tho given by the Said Jairus 
& Susannah, after the Said Susannah's arrival to the age of Twenty 
one years. \_Passed December 28. 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 89 



CHAPTEE 202. 

VOTE CONFIRMING A PLAN OF LAND GRANTED TO THE PROPRIET^^ 
OF GORHAM TOWN. 

A Petition of Jabez Fox Esq'' and others a Committee of the Legislative 
Proprietors of the Narraganset Township Xumber seven, shewing councff, xl!!"^ 
that by Eeason .of some "Obscurity and uncertainty in the former ^l^-^^lH^- ' 
Plan of the said Township, they have taken a more accurate one cxvi., 515'. 
by a sworn Surveyor and Chain-men on Oath, herewith exhibited, Mass. 
praying that it may be accepted and confirmed by this Court, as ^x^Llal', 516. 
the Plan of said Township N° 7. or Gorham Town, as it is usually House Jour- 

called, 14-.>.' Province 

TD^^/i „,, .^n Laws, xi., 769, 

[Read andj chap. 154. 

Voted That the Plan of the S^ Goreham Town taken by John 
Small and Exhibitted to this Court with the Pet° is Agreeable to 
the True Intent & Design of the Original Grant made to Said Pro- 
prietors & that it be Accepted & Confirmed Accordingly Xotwith- 
standing Any Different Courses Described in a former plan provided 
the Land Delineated in this Plan doth not Interfere with Any former 
Grant nor Exceed the Quantity of the first Grant And Whereas the 
Agents of S'^ Proprietors have Agree'd in Consideration of the House 
& Mills built by Nathan^ Sparhawk Esq' And the Other Charges he 
Hath been at in Making Improvements in S*^ Township that the S*^ 
Sparhawk or his Assigns be Quieted in the Possession of About One 
Hundred & forty Acres of Land he bought of Solomon Bragdon And . 
that S*^ Sparhawk or his assigns have the S*^ Lands Confirmed to him 
or them with the Appurtenances to the Same belonging. {Passed 
December 28. 



CHAPTEE 203. 

ORDER ALLOWING £750 TO THE JUDGES. 



Ordered that the sum of seven hundred & fifty pounds be allowed R|fords"of the 
& paid out of the Publick Treasury to the Honourable the Justices council, xx., 
of his Majestys Superiour Court of judicature Court of Assize & Archives?' 

General Goal Delivery for their Service for one Year Ending the ^^"^- -^-^- 

first of January next. [Passed December 29. naT^iio'''' 



CHAPTEE 204. 



ORDER ALLOWING £50 TO THE SECRETARY. Legislative 

Records of the 
Council, XX., 

Ordered that the Sum of fifty pounds be granted and allowed to ^^^^^Mass. 
be paid out of the publick Treasury to Josiah Willard Esq'_ Secre- xUx.,377.' 
tary of this province in full for his Service for one Year ending the House Jour- 
third day of December Current. {Passed December 29. ^^^i' v- no- 



90 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 205-208.] 



CHAPTEK 205. 



Legislative 
Records of the 
Council, XX., 
136. Mass. 
Archives, 
xlix., 388. 

House Jour- 
nal, p. 140. 



ORDER ALLOWING £92 ADDITi- TO THE SECRETARY. 

Ordered, That the Sum of Ninety two pounds be granted and 
allowed to be paid out of the publick Treasury to Josiah Willard 
Esq' Secretary &c in Consideration of his Extreordinary Services 
to the third day of December Current. \_Passed December 29. 



CHAPTER 206. 



Legislative 
Records of the 
Council, XX., 
136. Mass. 
Archives, 
xliii., 825. 

House Jour- 
nal, p. 142. 



ORDER ALLOWING £40 TO THE CHIEF JUSTICE. 

Ordered that the sum of Forty pounds be granted & paid out 
of the Publick Treasury to the Honourable Stephen Sewall Esq"^ 
In Consideration of his faithfull Discharge of the Important Trust 
Eepossed in him as Cheif Justice & for his further Encouragement 
therein. {^Passed December 29. 



CHAPTER 207. 



Legislative 
Records of the 
Council, XX., 
136. Mass. 
Archives, 
Iviii., 395. 

House Jour- 
nal, p. 140. 



ORDER ALLOWING £230 TO THE PRESIDENT OF HARVARD COLLEGE. 

Ordered that the sum of two hundred & thirty pounds be Granted 
& Allowed to be paid out of the Publick Treasury To the Eeverend 
M' Edw*^ Holyoke President of Harvard Colledge over & above the 
Eents of the Massachusetts Hall for one Year Ending the Tenth 
day of Septem'' next to be paid Quarterly. \_Passed December 29. 



CHAPTER 208. 



ORDER ALLOWING £90 TO D^* WIGGLESWORTH. 



Legislative 
Records of the 
Council, XX., 
136. Mass. 
Archives, 
Iviii., 396. 

House Jour- 
nal, p. 141. 



Ordered that There be Granted & Allowed to be paid out of the 
Publick Treasury to the Eeverend D"" Edward Wigglesworth Hollis- 
san Professor of Divinity at Harvard College in Cambridge the Sum 
of Ninety pounds as a Gratuity in Consideration of his faithfull Dis- 
charge of that Great & important Trust Eepossed in him & for his 
further Encouragment therein. \^Passed December 29. 



[3d Sess.] Province Laws (Besolves, etc.). — 1753-54. 91 

CHAPTEK 209. 

ORDER ALLOWING £70 TO JN*^ WINTHROP, ESQ«. 

Ordered, That there be granted and allowed to be paid out of ^^^'^^^3^^**1, 
the publick Treasury to John Winthrop Esq"" Hollission Professer Council, xx., 
of Mathamaticks at Harvard Colledge in Cambridge the Sum of Archives?' 
Seventy pounds as a Gratuity in Consideration of his faithfull dis- iviii-, 395. 
charge of that Trust reposed in him & for his further Encourage- House Jour, 
ment therein. [Passed December 29. ' ^' 



CHAPTER 210. 

V 

ORDER ALLOWING £93. 6. 8 TO M" TREASURER GRAY. 

Ordered. That the Sum of Ninety three pounds Six shillings and i®K^^^?""^.^,v, 

• 1, T r-i ,1 in 1 (.1 TTim Records of the 

eight pence be (rranted and allowed out 01 the jDublick Treasury to council, xx., 
Harrison Gray Esq"" Treasurer and Receiver General of his Majestys Archives?' 
Revenues of this province for half a Years Service Commencing at ^"^^ ^'^''- 
the time he qualified himself for said office. [Passed December 29. House Jour. 



CHAPTER 211. 

ORDER ALLOWING £150 TO THE COMMISSI GENERAL. 

Ordered that there be granted & allowed to be paid out of the Legislative 
publick Treasury the Sum of One hundred and fifty Pounds to councn'xx!?® 

John Wheelwright Esq'' Commissary General for his Service in HL 

that Office one Year. [Passed December 29. House Jour- 

*- nal, p. 142. 



CHAPTER 212. 



ORDER ALLOWING £12 TO THE CHAPLAINS. 



In the house of Reprev^' Refords'Jf the 

Ordered That there be allowed and paid out of the publick Treas- Council, xx., 
ury the sum of twelve pounds One half to the Reverend Chaplain Archi'veY.^xiii., 

of the Honb^® Board the present Year, the Other half to the Rev*^ ^ 

Samuel Cooper Chaplain of this house for their respective Services ^^^j^^f ffj^* 
the present Year. 

In Council Read & Concur'd. [Passed December 29. 



92 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 213-217.] 



CHAPTEE 213. 



ORDER ALLOWING £40 TO LIEU^ JN^ LARRABEE. 



Legislative 
Records of the 
Council, XX., 
137. 

House Jour- 
nal, p. 142. 



Ordered that there be allowed & paid out of the publick Treasury 
the Sum of Forty Pounds to John Larrabee, Lieuten*^ of his Maj- 
esty's Castle William, in Consideration of his faithful Discharge 
of the Trust reposed in him. [^Passed December 29. 



CHAPTEK 214. 



Legislative 
Records of the 
Council, XX., 
137. Mass. 
Archives, xiii., 
487. 

House Jour- 
nal, p. 141. 



ORDER ALLOWING £40 TO M" JOHN PHILLIPS. 

Ordered that there be granted & Allowed to be paid out of the 
Publick Treasury to M' John Phillips Chaplin of his Majestys Castle 
William the sum of forty pounds as a Gratuity for his Service in that 
trust for the Year Past. ^Passed December 29. 



CHAPTEE 215. 



ORDER ALLOWING £20 TO R. JUDAH MONIS. 



Legislative 
Records of the 
Council, XX., 
137. Mass. 
Archives, 
Iviii., 396. 

House Jour- 
nal, p. 141. 



Ordered that there be Granted & Allowed to be paid out of the 
Publick Treasury to R. Judah Monis Hebrew Professor at Harvard 
Colledge the Sura of Twenty pounds as a Gratuity in Consideration 
of his faithfull Discharge of that Trust Repossed infrim ' & for his 
Further Encouragment therein. [^Passed December 29. 



CHAPTEE 216. 



ORDER ALLOWING £70 TO THE CLERKS OF THE HOUSE. 



Legislative 
Records of the 
Council, XX., 
137. Mass. 
Archives, 
xlix., 374. 

House Jour- 
nal, p. 141. 



In the House of Reprev^^ 

Ordered, That there be granted and to be paid out of the publick 
Treasury to the Several Clerks of this house the sum of Seventy 
pounds for their Service in proportion to the time they serve in 
that Trust for the present Year as this Court Shall hereafter Order. 

In. Council Read & Concur'd. [Passed December 29. 



CHAPTEE 217. 



Legislative 
Records of the 
Council, XX., 
137. Mass. 
Archives, 
xlix., 376. 

House Jovir- 
nal, p. 142. 



ORDER ALLOWING £80 TO ^Y^ BAKER, DOORKEEPER. 

Ordered That there be Allowed & paid out of the Publick Treas- 
ury the Sum of Eighty pounds To M' William Baker Door keepper 
to his Excellency the Governour & this Court in full for his Service 
for one Year to be paid Quarterly. [Passed December 29. 

* Sic, for "in him." See Legislative Records of the Council, xx., 137. 



[3d Sess.] Province Laws (^Resolves, etc.). — 1753-54. 93 



CHAPTER 218. 

ORDER ALLOWING 1/4 PER DIEM TO THE SPEAKER, 

Ordered that there be granted & allowed to be paid out of the Legislative 
publick Treasury the Sum of one shilling and fourpence ^ Diem councii^.xx!'^" 
to the Hon*^'^ Thomas Hubbard Esq"" Speaker of the House for every i3s. Mass. 
Day of his attendance in the General Court from the Opening of xiix.,375.' 
the Sessions on the SO^'^ of May 1753 over and above his pay as a House Jour. 
Member of the House. {Passed December 29.^ nai, p. hi. 



CHAPTER 219. 

ORDER IN REGARD TO BOUNDARY LINE OF NARRAGANSET TOWNSHIP 

N« ONE. 

A Petition of the Proprietors of the Narraganset Township Legislative 
Number One, shewing that there is a Dispute between them, and councif, xx*^.^^ 
the Proprietors of the Narraganset Township Number seven, com- ^rci/^es^'^' 
monly call'd Gorham Town, about their Bounds; Praying that a cxvi., 513' 
Committee may be appointed by this Court to determine & settle Mass. 
the same, i'vl!!!!-!: 

[Read and] mT^K'^ihs^i' 

Ordered that Richard Hazzen Esq"" Run the Dividing Line between 144.' ^Province 
the Said Township N° 1 and the Naraganset Town ship N° 7 with ^hapfvE" '^''' 
Chain men On Oath at the Charge of the Pef^ and make return 
of his doings therein into the secretarys Office as Soon as may be. 
\^Passed December 31. 



CHAPTER 220. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF PLYMOUTH AND ALLOWING £3. 10 FOR THE EXPENSE 
THEREOF. 

The Committe Appointed by The Hon"^ the General Court at Legislative 
their Last Sessions to Farm Out the Excise for the County of Plym- council^ xx*.,^ 
outh haveing Given the Notice in the act requiered Met at the House ^rcjii^ves^' 
of M"" Consider Howland in Plymouth and at Publick Vendue Dis- cxix., 628'. 
posed of the Same To Theophilus Cotton Gen*' (being the Highest House Jour- 
Bider) for Two Hundred & Four Pounds and Delivered the Bond ^^^p^'^lj, 
to the Province Treasurer chap. 49. 

Jn'' Cushing ^ order 

Read & Accepted & thereupon 

Ordered that the Sum of three pounds. Ten Shillings be paid out 
of the publick Treasury to the Com*®® in full for their Time & Ex- 
pences in said Sale. \^Passed December 31. 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 31. 



94 



Province \jA\fS {Resolves, etc.). — 1753-54. [Chaps. 221, 222.] 



CHAPTER 221. 



ORDER ERECTING THE CAPE LANDS IN GLOCESTER INTO A SEPARATE 

PARISH. 



Legislative 
Kecords of the 
Council, XX., 
loti, 139. 

Mass. 

Archives, xiii., 
458. House 
Journal, 
pp. 108, 148. 



A Petition of that part of the Town of Glocester, called the 
Caj)e, setting forth that the said Town in a Legal Town Meeting 
Voted to set them o3 as a Precinct with their Estates ; lying North- 
erly of a Line running from Bever Dam to the Cape Hedge, but by 
Mistake, (as the Petitioners suppose) did not close said Line Xorth 
of the said Dam; Therefore Praying that the said Line may, by the 
Order of this Court, be extended on a North Course from Bever Dam 
to Squam Line, and that all the Polls »& Estates lying within said 
Line northerly and North Easterly thereof to Squam Parish may be 
made a seperate Precinct. 

Eead and no Answer being given. 

Ordered that the Prayer of the Petition be granted, and that the 
Parish Vote in March last be and hereby is confirmed ; and that the 
Line mentioned in [the] ' Petition be extended on a North Course 
from Bever Dam to Squam Line ; and that all the Polls and Estates 
lying within said Line Northerly & North easterly thereof to Squam 
Parish, be made a distinct and seperate Precinct, that they do Duty 
& receive Priviledge as other Precincts within this Province do or 
by Law ought to enjoy. \^Passed January 1. 



CHAPTER 222. 



ORDER APPOINTING A COMMITTEE FOR SELLING PROV*^^ LAND NEAR 

SPRINGFIELD. 



Legislative 
Records of the 
Council, XX., 
139. Mass. 
Archives, 
xlvi., 330. 

House Jour- 
nal, pp. 146, 147. 
Province 
Laws, xl., 715, 
chap. 8; xiii., 
252, chap. 34. 



In the House of Representatives 

Whereas It has been represented to this Court that a Tract of 
Land containing about Two Hund*^ Acres Lying in the County of 
Hampshire & bounding North on the Township of Springfield & 
East on y*^ Township of Brimfield West on Land that was granf* 
to Eben'' Jones of Endfield & South on Land that was granted to 
Cap*^ Tho^ Colton of Springfield, now belongs to the Province which 
will probably be Useless to this Province unless the same be sold 

Therefore 

Order That Oliver Partridge & John Worthington Esq" with 
such as y® Hon'^^ board shall Join be a Com*®® in the Behalf of the 
Province fully impowred to make sale of said Tract of Land at pub- 
lick Vendue to the Highest Bidder or Other ways and to Execute 
a good & sufficient Deed thereof to the Person who shall purchase 
the same. 

In Council Read & Concur'd and Eleazer Porter Esq"" is Joined 
in the Affair. {Passed January 1. 

' Inserted from the State Library copy, Legislative Records of the Council, xx., 135. 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 95 



CHAPTER 223. 

VOTE DIRECTING WM BOLLAN, AG^, TO ASSIST M^ TIM^ WALKER IN 
HIS PETITION TO THE KING. 

A Petition of M' Timothy Walker, shewing his great Thankful- ]^®^'^d"^f ti 
ness for the kindness of this Court in assisting him in his Design councn.xx., 
of addressing his Majesty that the People in Rnmford may be quieted Archiv^es^xxi., 

in their Possessions, and further praying that this Court would give '^ 

Directions to M' Agent Bollan, to give him his Advice and Assist- House Jour- 

.-P • ^ KC¥ • ^ Dal, pp. 145, us. 

ance m pursuing the said Aiiair. Ante, p. 45, 

Read & ch^^.^^. 

Voted that the Secretary be directed to Write to William Bollan 
Esq'' Agent for the province to Aid & Advise the S*^ M' Walker 
in his Address to his Majesty as Requested in the pet''. \^Passed 
January 1. 



CHAPTER 224. 

ORDER ALLOWING £144 TO SIR W^ PEPPERELL. 

A Petition of Sir William Pepperell Bar*^ late General of the Legislative 
Forces employed in the Expedition against Cape Breton, setting coSncif xx.*^"^^ 
forth his Services, Expences & Damages in his Business, by means i4'-. mAss. ' 
of his said Services, for which he has not yet received any Pay from ixxiv-Iisa. 
this Province; Praying that this Court would make him a suitable Mass. 
Allowance for the same : itxiv.'^ili. 

Read & House Jour- 

Ordered that there be Allowed & paid out of the Publick Treas- laU'/uViM. 
ury to the Pef S' William Pepperrell Bart the Sum of One Hun- 
dred & forty four pounds In full for his Pay & Services at Cape 
Breton. {^Passed January 3. 



CHAPTER 225. 

VOTE IMPOWERING JOSHUA WINSLOW, ESQ^', TO ACT AS TREASURER 
FOR THE COUNTY OF SUFFOLK. 

A Petition of Joshua Winslow Esq"" eldest Son of Edward Wins- Legislative 
low Esq' late of Boston dec-^ and Executor of his last Will & Testa- ^^ZMX^T 
ment, shewing that his said Father died in the Office of Treasurer u-2. Mass. ' 
of the County of Suffolk, and for as much as the Petitioner would 52. 
be able with more Facility to adjust his Fathers Accompts in that Mass. 
Office, if it were put into his Hands untill the next annual Choice, ^y^'^Hmf^e^^"'^'' 
Praying that this Court would enable him to act therein accordingly Journal, 
till the Expiration of the Year : " pp. , , . 

[Read &] 

Voted that the Prayer of the Petition of Joshua Winslow Esq' be 
so far Granted as that the Petitioner be and hereby is authorized and 
Impowered to act as County Treasurer for the County of Suffolk for 
the Remaining part of this Present Year So that he may Perfect the 
Business which his Deceased Farther Left In compleat at the time 



96 



Province Laws {Resolves, e^c). — 1753-54. [Chaps. 226-228.] 



of his Decease as mentioned In said Petition. And that the Eespec- 
tive Sums which he Shall Eeceive from the Respective Constables, 
In Consequence of this order he to account for the Same as other 
County Treasurers are Obliged to do agreeable to the Laws of this 
Province. \^Passed January 3. 



CHAPTEK 226. 



ORDER GRANTING TO JOSHUA DAVIS LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, XX., 
143. Mass. 
Archives, cxi., 
284. 

Mass. 

Archives, cxi., 
'283. House 
Journal, p. 152. 



A Petition of Joshua Davis late of Roxbury, shewing that he 
has taken a Lease of a House in Brooklyne belonging to John Ellis, 
which has been improved as a Tavern for more than twenty Years 
past; Praying that the Court of General Sessions of the Peace for 
the County of Suffolk may be impowered at their present Session 
to grant him a Licence. 

Read & 

Ordered that the prayer of the Petition be so far granted that the 
Justices of the Court of General sessions of the peace for the County 
of Suffolk Now Sitting be & hereby are Impowered if they think fit 
to Grant A Licence to the Pef Joshua Davis to keep a house of Pub- 
lick Entertainment In Brookline he first Obtaining the Approbation 
of the Selectmen of Said Town The time for Granting of Licences 
being Elapsed Notwithstanding. [Passed January 3. 



Legislative 
Records of the 
Council, XX., 
143. Mass. 
Archives, 
cxvi., 557. 

House Jour- 
nal, p. 152. 



CHAPTER 227. 

VOTE DIRECTING ASSESSMENT IN NORTH WEST DISTRICT IN RUTLAND. 

Voted that the assessors of the Northwest District of the Town 
of Rutland Assess the Inhabitants of s'' District the Sum of four 
pounds being their proportion of the Sum assessed on S'^ Town of 
Rutland the Last year for the pay of the Representative, and that 
the Constable to whom Said Assessment Shall be Committed pay 
the Same in to the Town Treasury of said Town of Rutland for the 
use of S'^' Town, and that for the future the Said District be assessed 
their Due proportion towards paying a Representative the Same to 
be proportioned agreeable to the Province Tax from Time to Time. 
[Passed January 3. 



CHAPTER 228. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR PUTTING 
THE PROV^E INTO A POSTURE OF DEFENCE AND ALLOWING £700 
THEREFOR. 



Legislative 
Records of the 
Council, XX., 
144. Mass. 
Archives, 
Ixxiv., 15fi. 

Mass. 
Archives, 



The Committee on that part of His Excellency's Speech, relat- 
ing to the putting the several Forts and Garrisons throughout this 
Province into a proper Posture of Defence, as also His Excellency's 
Message of the 13*'' of December have attended that Service, and 
beg Leave to report. 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 97 

That the Walls of the Truck House at S^ Georges Eiver be forth- Le^'uiatwe 
with repaired and Shingled or Clap-boarded on the Out & Inside as Records of the 
shall be tho't best. i(w"iS,'m.'' 

That there be ten Cannon in this Fort; viz*^ Two Nine Pounders ^aT^^'wi^isi 
to be taken from Fort Frederick. Two Six Pounders to be taken 155.' 
from Castle William which belonged to the Province Ship, & Six 
Four Pounders to be purchased by the Province; Two good Cohorns 
and fifty small Arms, with a sufficient Number of Shot, Shells, & 
Stores for both the Cannon and small Arms ; 

That the Platform be secured and all necessary Repairs be made 
at Fort Frederick ; and as soon as the Weather will permit that the 
Walls be new pointed : That there be two good Cohorns and 

forty small Arms with suitable Stores at this Fort, There are a 

sufficient Number of Cannon Shot, & Shells there already : That 
Richmond Fort be repaired, shingled or clap boarded as soon as may; 
that there be Six Cannon at this Fort, viz*^ Six four Pounders, two 
Cohorns, Forty good Small Arms, and all Stores necessary for the 
Cannon, & Small Arms : That the Block House on Saco River 

be repaired & supplied with some few Articles that are wanting 
there: That there be two good Cohorns with a sufficient Num- 

ber of Shot & Shells to every Fort & Block House in the Govern- 
ment: That a sufficient Number of Wheels of Cast Iron be 
procured for the Cannon at the several Garrisons of the Province, 
as also to supply those at Castlo William, which have now Wheels 
of AVood, as there may be Occasion for them. 

The Committee further report. That in Order to procure those 
Cannon &c^, they found a considerable Number of Old Guns at S' 
Georges, Richmund & Castle AVilliam as also a considerable Num- 
ber of Small Arms in the Commissaries Store, & in several Forts 
and Garrisons which are not good, but may undoubtedly be dis- 
posed of for a considerable Sum : Which with a Grant of Six hun- 
dred or Seven hundred Pounds Lawfull Money they apprehend will 
be sufficient to compleat the several Articles in this Report. 

But in as much as the French are daily making Encroachments 
on our Territories, they apprehend these Repairs &c^ will not be 
sufficient for the Defence & Preservation of the Province unless 
something further be done by his Majesty, or the Colonies be obliged 
to act conjunctly in this Affair: The Committee have prepared a 
more particular Answer to his Excellency's Speech & Message, by 
way of Message, which they herewith beg Leave to offer; and is 
humbly submitted. 

By WiLL^ Pepperell by Order of the Com""^ 

Read Accepted & 

Ordered that the Sum of Seven Hundred pounds be paid out of 
the Publick Treasury Unto John Wheelwright Esq'' Commissary 
General to be by him Employed for purchasing The Guns &c And 
Making the Repairs of the Forts & Garrisons as Mentioned in this 
Report & that the Coinissary be directed to dispose of the Old Canon 
& small arms in the Several Garrisons & in his Store the proceeds 
to be Employed towards S^ Repairs. \_Passed January 4. 



98 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 229-231.] 



CHAPTEE 229. 



Legislative 
Records of the 
Council, XX., 
147. Mass. 
Archives, xix., 
71^ 

Mass. 

Archives, xix., 
68. House 
Journal, 
pp. 147, 155. 
Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING SUSAN" SHEPARD, ADM^, TO SELL LAND. 

A Petition of Susannah Sheppherd Administratrix of the Estate 
of her late Husband, Thomas Shepherd of Boston dec*^, and Guar- 
dian of his Children, (except one) who are all Minors, shewing that 
his Estate is altogether insufl&cient for the Maintenance & Educa- 
tion of the said Children without selling the Seal Estate, & pray- 
ing for Liberty to sell it accordingly. 

Eead & 

Ordered that the prayer of the pet° be so far Granted that the 
Petitioner in her Capacity be Enabled & Impowered to make Sale 
of the Lands Mentioned in the Petition first giving jDublick Notice 
thereof And to make & Execute a Good Deed or Deeds of the Same 
in the Law She giving Caution to the Judge of Probate for the County 
of Suffolk to Apply the proceeds of S*^ Sale of the S*^ Lands for the 
Suj)port & Education of the Children of her late Husband Tho^ 
Shepard Dec*^ And the Surplusage if Any there be Shall be Divided 
to & Among the Children & Heirs of the S*^ Thomas when they 
Come of Age. \_Passed January 4. 



CHAPTER 230. 



VOTE ALLOWING £3. 11. 10 TO JN^ ROBINSON. 



Legislative 
Records of the 
Council, XX., 
149. Mass. 
Archives, 
xxxii., 434. 

Mass. 
Archives, 
xxxii., 433. 
House Jour- 
nal, pp. 124, 157. 



A Petition of John Eobinson of Dorchester, praying for an 
Allowance out of the publick Treasury, of his Charges expended 
on the Sickness & Funeral of a poor Indian not an Inhabitant of 
any Town in the Province : 

Read & 

Voted that the prayer of the Petition be so far Granted that the 
pef be Allowed out of the Publick Treasury the Sum of Three 
pounds Eleven shillings & Ten pence in full Discharge of his 
Acco'. \_Passed January 5.'^ 



CHAPTER 231. 



ORDER ADJOURN^ THE COURTS OF BARNSTABLE COUNTY. 



Legislative 
Records of the 
Council, XX., 
149. Mass. 
Archives, 
xliii., 835. 

House Jour- 
nal, p. 159. 
Province 
Laws, iii., 64, 
chap. 32. 



Whereas by Law the Court of General Sessions of the peace & 
Inf Court of Coinon pleas for the County of Barnstable Avas to 
have been holden on the Third Tuesday of January instant and 
many Concerned in said Courts, are members of the General Court, 
which its probable will be Sitting at that Time Therefore 

Ordered 

That the Said Courts of General Sessions of the peace and Inf 
Court of Comon pleas ii'^ be and they hereby are adjourned to the 
First Tuesday of February next, and all officers and others Con- 

» This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is January 7. 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 99 

cerned in said Courts are to Conform themselves Accordingly, and 
all processes and other matters & things Depending in said Courts, 
and which are by Law to be beared Tryed and proceeded upon on 
the s^' Third Tuesday of January instant. Shall be beared Tryed & 
proceeded upon on the Said First Tuesday of February next and the 
Justices of Said Courts are hereby required to Conform themselves 
accordingly. \_Passed January 7. 



CHAPTEE 232. 

ORDER GRANTING 500 ACRES OF LAND TO JASHER WYMAN & 300 ACRES 
LAND TO EDW» PARK. 

A Petition of Jasher Wyman & Edward Park, shewing they were Legislative 
admitted in the Year 1719 as Proprietors in a new Township granted councif xx**^^ 
by this Governm' lying West of Groton, that they fully performed the i*9- 
Conditions of their Grant by building, clearing the Land &c^ but are Mass. 
now ejected from the same by a Course of Law; praying for Relief ^vi^^M8-572 
from this Court: KpS']54. 

Read & it appearing to this Court that the Petitioners have had' 159.' Province' 
a Grant of Lands from this Governm' which were then look'd upon ^hap! 113!' ^^^' 
as unappropriated, but are since found to be comprized within a 
former Grant of this Governm' to the Proprietors of Dunstable; 
and that the said Jasher & the Assignee of the said Edward have 
by a Course of Law been accordingly ejected therefrom by the 
Proprietors of the Common & undivided Lands in said Dunstable, 
Therefore 

Ordered that there be & hereby is granted 10 the said Jasher 
Wyman Five hundred Acres of Land, and to the said Edward 
Park Three hundred Acres out of the unappropriated Lands of 
the Province, in full Satisfaction for the Laud from which they 
have been ejected as aforesaid, and of all Charges arising there- 
from: provided the said Petitioners lay out their Grants adjoining 
to some Township in a regular Form, and do not interfere with any 
former Grant, and return Plats of their Land thus laid out to this 
Court within twelve Months for Confirmation. [Passed Ja)iuary 7. 



CHAPTER 233. 

ORDER GRANTING TO JAMES MILK & WHEELER RIGGS LICENCE TO 
SELL STRONG DRINK. 

A Petition of James Milk & Wheeler Riggs shewing that they Legislative 
dwell in such parts of the Town of Falmouth in the County of coimdf, xi*f^ 
York where it is necessary there should be some Persons licenced ^°;,^j^gg^^- 
for the retailing Strong Liquors, for which the Pef* are well fur- cxix., 633. 
nished, praying that the Court of General Sessions of the Peace Mass. 
for said County may be enabled to licence them: txix^^e^i 

Read and • House Jo^ur- 

Ordered That the Prayer of the Petition be and hereby is granted ; ^^'^' 
and the Justices of the Court of General Sessions of the Peace for 
and within the County of York, are impowered at their next Sitting, 



100 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 234, 235.] 



if they see Cause, to grant a Licence to the Pet" for the purpose 
withinmention'd upon their producing a recommendation pursuant 
to Law. \_Passed January 8. 



Legislative 
Records of the 
Council, XX., 
150. Mass. 
Archives, xix., 
73^ 

Mass. 

Archives, xix., 
72. House 
Journal, 
pp. 145, 160. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 234. 

ORDER IMPOWERING EDW» CHILD & ABIG^ GRIDLEY, ADM^^, TO SELL 

REAL ESTATE. 

A Petition of Edward Child & Abigail Gridley of Roxbury 
Administrators of the Estate of Thomas Baker late of Boston 
dec*^ and Guardians to his Children, being Minors; shewing that 
the said Children are one half interested in a dwelling House & 
Land in Boston, which House is under Decay, praying for Liberty 
to sell the same for the said Childrens Benefit. 

[Read &] 

Ordered, That the prayer of the Petition of Edward Child & 
Abigail Gridley, be so far granted, as that they be impowered & 
they hereby are impowered to Sell the half part of the House 
& land as requested, for the most it will fetch, (first giving public 
notice as requisite, of the time & place of such sale) & to execute 
a good & Sufficient Deed or Deeds thereof, they giving security to 
the Judge of Probate for the County of Suffolk, that the Net Pro- 
ceeds shall be forthcoming, Avhen the Children shall come of Age, 
with the Interest arising thereon, reserving only one third part of 
the Interest for the s'^ Abigail, during her Natural life. \^Passed 
January 8. 



CHAPTEE 235. 



ORDER GRANTING TO EBEN. LOWELL LICENCE TO SELL STRONG DRINK. 



Legislative 
Records of the 
Council, XX., 
151. Mass. 
Archives, 
cxix., 630. 

Mass. 
Archives, 
cxix., 6-29. 
House Jour- 
nal, p. 163. 



A Petition of Ebenezer Lowell of Boston, shewing that he has 
been obliged to remove his Habitation to some little distance from 
the Place where he formerly dwelt praying that the Court of Gen- 
eral Sessions of the Peace for the County of Suffolk may be enabled 
to licence him to retail strong Drink in the Place where he now 
dwells 

Read and 

Ordered that the Prayer of the Pet° be so far granted as that the 
Justices of the Gen'^ Sessions of the Peace for the County of Suf- 
folk at their present Sitting if they see Cause be and hereby are 
impowered to grant the Pef a Licence to retail strong Liqueurs 
for the Remaining part of the present Year Provided he Obtain 
the Approbation of the select Men of the Town of Boston the 
time for grants Licences being Elapsed notwithstanding. \^Passed 
January 9. 



[3d Sess.] Province Laws (Besolves, etc.). — 1753-54. 101 



CHAPTEK 236. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF YORK AND ALLOWING £2. 16. 8 FOR THE EXPENSE 
THEREOF. 



The Committee for letting out to farm the Excise of strong Legislative 
Liquors in the County of York for this present Year, reported councif.s' 
that they had let out the same to Elisha Jones for Seven hundred isi- 



f the 

XX., 



Dollars for this present Year, had taken Bonds & lodged them House Jour- 
in the Treasury, their own Charge being £2.16.8. Anie^,'p.2i, 

Read & Accepted, and «^^p- ^^• 

Ordered that the Sum of Two Pounds, sixteen Shillings & eight 
pence ' be allowed & paid out of the publick Treasury to said Com- 
mittee for their Time & Expence in farming said Excise. [Passed 
January 9. 



CHAPTER 237. 

ORDER ALLOWING £9. 1. 9 TO THE TOWN OF IPSW^h FOR A MISTAKE IN 

THEIR TAX. 

Whereas Francis Cogswell Esq"" hath represented to this Court ^^?^^^|*^^|.jj 
that by the Tax Bill pass'd at last May Session, the Town of Ipswich coimcif, xx.,^ 

had £110.19.4 last Emission added to their Tax in Consequence of ^3: 

a Vote of this Court, and in reducing said Sum into Lawful Money naTpp;^i°62|^i63. 
there appears a Mistake of £9.1.9 Lawful Money, the said Town is 
taxed more than they ought to be, 

Therefore, 

Ordered that the Province Treasurer pay to the Treasurer of said 
Town of Ipswich for the Use of said Town, the said Sum of Nine 
Pounds one Shilling & nine pence. [Passed January 9. 



CHAPTER 238. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF ESSEX AND ALLOWING £6. 10. 9 FOR THE EXPENSE 
THEREOF. 

The Committee for letting out to farm the Excise on strong Legislative 
Liquors in the County of Essex, for this present Year, reported council xx?^ 

that they had let it out to M'' Jonathan Porter (who purchased it i5^^ 

for M' John Hunt) for the Sum of One Thousand & two Pounds ^o"f/°5'J^jg3 
thirteen Shillings & four pence, had taken Bonds & lodged them ^nie,v. &,' 
in the Treasury, their own Charge being £6.10.9. Read & chap. 45. 

Accepted & 

Ordered that the Sum of Six Pounds ten Shillings & nine pence 
be allowed & paid out of the publick Treasury to said Com'*=^ in full 
for their Time & Expence in farm^ said Excise. [Passed January 9. 

1 The House Journal, p. 101, reads, £2. 13. 4. 



102 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 239, 240.] 



CHAPTEE 239. 



Legislative 
Records of the 
Council, XX., 
152. Mass. 
Archives, 
xlvi., 334. 

Mass. 
Archives, 
xlvi., 332-336. 
House Jour- 
nal, p. 165. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
JONAS CLARK FOR A REHEARING OF AN ACTION. 

A Petition of Jonas Clarke of Boston Esq^ setting forth the 
great Injustice done him by the Judgment of the Superiour Court 
held at Worcester in September last, in an Action between the Pef 
& Jaazaniah How & John Snow, and for as much as the Pet" Attor- 
ney was by Sickness unexpectedly taken off from defending said 
Action, therefore praying that the said Judgment may be vacated, 
and that the Pet^ may enter his Action anew at the next Term for 
said County, & Execution stayed in the mean time. 

Eead & 

Ordered that the pet' Serve the Adverse parties Jaazaniah How 
«& John Snow with a Copy of this petition that they Shew Cause 
(if Any they have) on the Second friday of the Next Sitting of this 
Court why the Prayer thereof Should not be granted And that Exe- 
cution be stayed in the Mean time provided the pef^ give Bond to 
the Sherriff of the County of Suifolk for the payment of the Sums 
that the S'^ How & snow or either of them Shall finally recover with 
Interest from this Time. ^Passed January 9. 



CHAPTER 240. 



Legislative 
Records of the 
Council, XX., 
152. Mass. 
Archives, 
Xlvi., 326. 

Mass. 
Archives, 
xlvi., 321, 325. 
Maps and 
Plans, xxxii., 
21. House 
Journal, 
pp. 117, 13Sa, 
163, 164. 
Province 
Laws, ii., 151, 
chap. 10. 
Ante, p. 18, 
chap. 24. 



VOTE APPOINTING A COMMITTEE FOR SELLING LANDS LYING WEST 
OF NORTHAMPTON. 

A Memorial of Oliver Patridge Esq' shewing that he has sur- 
veyed Eight hundred Acres of Province Land lying on or near the 
Road proposed to be opened from Northampton towards Albany, 
and proposing that said Land may be sold, that two Families may 
be settled thereon. 

In the House of Representatives 

Voted that John Worthington Esq' & M' Gideon Lyman with Such 
as the Honourable Board shall Join be a Com*''^ in behalf of the Prov- 
ince to make Sale (in Some part of the County of Hampshire) of the 
Lands Mentioned in the Petition in two Equal Allotments to Such 
as will give most for the Same giving Notice Publickly of the Time 
& place of Sale And they are hereby impowered to give good & Suffi- 
cient Deeds of S'^ Land to Such purchasers And They are also directed 
to take Bond of Each of Such Purchasers for the Sum of One Hun- 
dred pounds for their building on Such allotments respectively a 
Good dwelling house not Less than Eighteen feet Square & S,even 
feet Studd and for their Clearing & bringing Lender Improvement 
either by plowing or moAving five Acres of Said Land in five Years 
and for their living thereon either by themselves or Assignees the 
first Ten Years of the Next fifteen provided there be not a French 
or Indian War within S'' Time and that the Memorialist be allowed 
fifty Shillings out of the Proceeds of the Sale of S"^ Lands for his 
Service in Surveying the Same The Com'*'' to be Accountable to this 
Court for their doing herein & to Lodge the Bonds with the Prov- 
ince Treasurer 

In Council Read & Concur'd and Eleazer Porter Esq' is joined 
in the affair. \_Passed January 9. 



[3d Sess.] Province Laws {Resolves, etc.), — 1753-54. 103 



CHAPTER 241. 

ORDER ON REPORT OF COMMITTEE ON PETITION OF THE PUNCAPAUG 

INDIANS. 

A Petition of Samuel Moho & others, Indians of Puncapaug, Legislative 
Complaining of their Guardians Samuel Miller & John Shepherd counclf.xx*?^ 
Esq" for their great Neglect of them, more especially for suifering ^^'.,^?*^- ^'^^s. 
their Lands to >3e strijj'd of the Timber, Whereby (as well as by xxxii., 456. 
their other Mismanagements) the Petitioners Estate is much dimin- Mass. 
ished, Praying that this Court would inquire into their Grievances xxxii^^iss 
& grant them Relief. Legislative 

The Committee on the Petition of Samuel Moho and others hav- councif, xvm.^, 
ing repaired to the said Indians Plantation in Stoughton, viewed their journai^^^ 
Land fully, heard the Parties, beg Leave to report as follows. pp. 103,120, 

First, With Respect to the Article mentioned in the Petition, ^ ^''' 
wherein they complained of being wrongfully charged in the Guar- 
dians Accompts, It ajDpeared to the Committee that the said Accompts 
had been kept in a lax & bad Manner, either in Chaulks or Memory, 
for more than five Years together, so that no Particulars can be had; 
and the said Moho, George & Abigail denied the Recei^jt of any con- 
siderable part of said Accompt; To which the Guardians replied 
that the greatest part of said Articles was delivered to Amos Ahau- 
ton, his Wife & s*^ Abigail, the two former since dead. 

2'^'5' As to the Tresspass done ujaon the said Indians Land, the 
Comm'^* find that about ten Acres of the Southwesterly Corner the 
Wood & Timber is almost all cut off ; And by the Stumps it appears 
that less than four Years past, it was full of a large Growth ; This 
done by one Eliakim Pitcher under Colour of having a Lease from 
the Guardians, which Lease Col° Miller denied having any Knowl- 
edge of; but Major Shepherd said it was by him some time past 
agreed to, but not duly executed; In another part of the Tract it 
appeared that eight or ten Cord of Wood had been cut, and carried 
olf by Nathaniel Badcock ; for which he says he had the Guardians 
Leave. On the East End of the Cedar Swamp we numbered ab' Two 
hundred Stumps, the Bodies carried Off & the Tops left to rot, and 
wei'e informed that the other parts of the Swamp were under the same 
Circumstances: And by Testimony of one Pitcher, it appeared Major 
Shepherd had given him Leave to cut some part of it for Posts; As 
to the Tresspass done on the other parts of the said Tract, It appears 
by a List taken by Order of the Guardians that there has been Two 
hundred & fifty nine Trees cut & carried off within a few Years past, 
besides three or four large Trees cut by Major Shepherd himself or 
by his Order, as also Two Tons of ShijJ Timber cut by one Liscom 
by sffld Shepherds Leave; Indeed there is but a small Number of 
Timber now standing on the whole of said Indians Lands, and the 
Wood greatly diminished. As to the Indians Complaint of said 
Shepherd in particular for causing a Number of them to be im- 
prisoned & there kept in the most distressed Condition, The Com- 
mittee say, that altho M"" Justice Hill might have had sufficient to 
justify his Conduct in committing them, yet it would have been 
well in the Guardians, who had the immediate Care of them to 
have procured Bail for them, or at least' not suffered them to have 
been miserable when under Confinement: As to Sam^ Moho's being 
in Goal detained by the levying of an Execution consequent upon 



104 



Province Laws {Resolves, etc.). — 1753-54. [Chap. 242.] 



a Judgement of said Shepherd's against him for Four or Five Pounds 
Old Tenor in favour of one Jordan; As the whole of the Proceed- 
ing was expressly contrary to Law, so just Matter of Complaint. 

Finally, As to what may be proper for the hon^'*' Court to do 
on the Pet° above mentioned, The Committee beg Leave to say, 
that as they have endeavour'd truly to represent the Facts, they 
can not but suppose that the Court will be best able to determine 
thatt Matter: All w'=^ is humbly submitted, 

Bekj'^ Lincoln per Order. 

Eead and It appearing by the EejDort of the Committee that 

there are strong Grounds to suspect that the Guardians of the Pun- 
kapog Indians have been exceeding remiss & negligent in the dis- 
charge of the trust' reposed in them by this Court: & likewise to 
suspect that John Shepherd Esq one of the s*^ Guardians together 
with divers other persons by leave obtained from him have cut & 
carried off large quantities of Wood & Timber from the Lands 
belonging to those Indians to their great wrong & damage. 

Therefore 

Ordered That the said Guardians be and they hereby are 

directed to attend this Court on Wednesday next if the Court be 
then sitting, if not on the second Wednesday of the next Sitting 
of the Court; then further to account for their Conduct respecting 
the matters of Complaint against them, and that they then likewise 
lay before the Court a particular account of all monies by them 
received, or that are due to them in their said capacity as also of 
their payments & disbursments on behalf of the said Indians. And 
that tlie said Guardians be forthwith served with a Copy of this 
Order. \^Passed January 10. 



CHAPTER 242. 



ORDER ALLOWING £5 TO JOSIAH LOOMIS AND £8 TO MICHAEL HALLEN- 

BECK. 



Legislative 
Records of the 
Council, XX., 

107, 157. Mass. 
Archives, 
xlvi., 323. 

Mass. 
Archives, 
xlvi., 320-323. 
Legislative 
Records of the 
Council, XX., 
93, 112. House 
Journal, p. 107. 
Ante, p. 49, 
chap. 107. 



A Memokial of Josiah Lomis, Jacob Loring, George Robinson, 
Joseph Olcort, John Halenbeck & Michael Halleubeck, setting forth 
the Difficulties they are put to by the Committees delaying to lay 
out Land to them on the Western Borders of this Province, accord- 
ing to the Order of this Court; Praying that this Court would give 
Fresh Orders for laying out said Lands, or pay them their Money 
expended. 

The Committee appointed upon the Pet" of Josiah Lomis, Michael 
Halenbeck & others having considered the same, humbly report it 
as their Opinion, That the Sum of Five Pounds be allowed & paid 
out of the publick Treasury to Josiah Lomis & the Sum of ]£ight 
Pounds to Michael Halleubeck in Consideration of their Expences 
& Trouble in attending this Court : Which is humbly submitted. 

Per Sam*- Watts ^ Order. 

Eead & Accepted & 

Ordered that the Sum of five pounds be Allowed & paid out of 
the Province Treasury to Josiah Loomis & the Sum of Eight pounds 
to Michael Halleubeck in Cojisideration of their Expence & Trouble 
in Attending this Court.'' \^Passed January 10. 

1 MS. mutilated. 

* The concluding action on this petition not found in the House Journal. 



[3d Sess.] Province Laws (BesolveSy etc). — 1753-54. 105 



CHAPTER 243. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £10 TO THE 
TOWN OF MEDFORD. 

Whereas the Town of Medford was fined the Last Year the Sum Legislative 
of Ten pounds for Not Sending a Representative which the Court coumrff xx!'^^ 
Afterwards Remitted Yet it Appears that the S"^ Town was Taxed i57. Mass. ' 
for S*^ Sum Therefore xiix.,^3l9! 

Ordered that the Province Treasurer be & hereby is Directed to House Jour- 
pay out of the Province Treasury the Sum of Ten pounds to the "^^i' ^- ^^■ 
Town of Medford. [Passed January 10. 



CHAPTER 244. 

ORDER ACCEPTING REPORT OF COMMITTEE ON THE PETITION OF SARAH 

PAYNE. 

The Committee appointed upon the Pef" of Sarah Payne have Legislative 
considered the same & are of Opinion that some Persons be ap- councif xx*"^^ 
pointed to write to CoP John Henry Lydius, of Albany, to procure is'. Mass. ' 
Bail for Joseph Payne who is now imprisoned in Albany Goal by 155^ ^^^*' '^'■' 
Eobert Livingstone jun'' Esq'' for a supposed Tresspass upon Lands j^nte, p. S7, 
apprehended to be within this Government. W'^'' is humbly submitted ^iiap. i98. 

Per Sam'- Watts ^ Order. 

Read and 

Ordered that this Report be accepted & the Secry is directed to 
write to y® s*^ Coll Ludias accordingly.' [Passed January 10. 



CHAPTER 245. 

VOTE APPOINTING A COMMITTEE TO RECEIVE OF THE LATE TREAS- 
URER WM FOY^E, GOVERNMENT SECURITIES IN HIS HANDS, AND 
BURN THEM. 

In Council Krds'of the 

Voted thoX John Osborne and Jacob Wendell Esq^% with Such as council, xx., 
the Hon"^ House shall Joyn, be a Com"^ to Receive of the Late Archiv^es^ciii., 
Treasurer, W" Foye Esq'' what of the Govern''' Securities are now ^ 



m his hands, & Consume them to ashes. House Jour- 

T xi TT -c TD r nal, pp. 169 6?s, 

in the House 01 Rep'^ 170. 

Read & Concurred & Col Otis Col Worthington M' Allen M^ 
Fletcher M'' Hunt Cap' Chandler & M' Wells are Joined in the 
Affair. [Passed January 11. 

* Not found in the House Journal. 



106 



Province Laws {Resolves, etc.) . ^1753-54. [Chaps. 246, 247.] 



CHAPTEE 24:6. 



VOTE ACCEPTING REPORT FOR COMMISSIONERS TO GIVE QUIT CLAIM 
DEEDS OF PROVINCE LANDS WESTWARD. 

The Committee on the first and second Paragraph of his Excel- 
lencys Speech reported their Opinion that the following Vote pass 
this Court. 

Voted ihsit ..." Persons be chosen and appointed by this Court 
& Commissionated by his Excellency the Governour, under the Seal 



Legislative 
Records of the 
Council, XX., 
lt;2. 

Mass. 
Archives, 
xlvi., 338. 

Records^of the of the Province, for the Purposes hereafter mentioned ; and they are 
Council, XX., hereby required, as soon as conveniently may be, to repair to the West- 
ern Parts of the County of Hampshire, and to make due Inquiry into 
the Possessions & Improvements of the several Persons, who with- 
out any Grant or Warrant from this Governm*^ have entered upon 
any of the Province Lands which are situated further Westward 
than the Townships of Sheffield & Stockbridge, altho part of said 
Land may ly Northward of said Townships: And the said Commis- 
sioners are hereby fully authorized & impowered to quiet any & all 
such Persons in their Possessions, and to grant Quit Claims, & relin- 
quish to all or any of them their Heirs the whole or any part of the 
Land upon which they have entered according to the best Discretion 
of them the said Commissioner, and as shall appear to them to be 
most for the Service of the Province, and the Defence & Strength- 
ning that Frontier; and upon such Terms of Settlement; Purchase 
or Quit Pent as they shall judge equitable; and the said Commis- 
sioners shall be under Oath faithfully to pursue the true Intent & 
Design of their Commission, and to render an Account of their 
Doings to this Court. Submitted per Order Samuel Watts 

Kead & Accepted, & 

Ordered that three Persons be appointed for the Purposes within 
mentioned.^ [Passed January 11. 



CHAPTEK 24:7. 



ORDER FOR SUMMON« WITNESSES IN THE CASE OF THE PUNCAPAUG 

INDIANS. 



Legislative 
Records of the 
Council, XX., 
163. 

House Jour- 
nal, pp. 167, 169. 
Ante, p. 103, 
chap. 241. 



Ordered that the Secretary be & hereby is directed [to Summon] ' 
Major Benjamin Penner, Eliakim Pitcher, Edward Pitcher, Nathaniel 
Badcock, Philip Lyscomb, Nehemiah Lyscomb, Philip Lyscomb jun'' 
James Endicot, Ameriah Wentworth, W^illiam Wheeler, Stephen 
Bedlow, John Wentworth, William Eoyal, Zebulon Jordan, Edward 
Bailey, William Wentworth & Isaac Feuner jun'. [Passed Jan- 
uary 12. 

* Sic, in both copies of Legislative Records of the Council. 
^ Not found in the House Journal. 

3 Inserted from the House Journal, p. 169, The record also states that they were " Wit- 
nesses in the Case of the Guardians of the Punkapaug Indians." 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 107 



CHAPTEK 248. 

VOTE FOR WRIT** TO THE AGENT REFERR« TO THE DEFENCE OF THE 

PROVINCE. 

Whereas His Excellency has acquainted this Board that Agre- Legislative 
able to the Message of the two Houses sent him, this present Session, councif xl-!^^ 
respecting the Putting of the Province into a Posture of Defence, He les. Mass. ' 
has written largely to the Eight Hon'''"' the Earl of Holderness one ise. ''^^'^^^■' 
of His Majestys Principal Secretarys of State, with his Desire that House Jour. 
he would lay the same before His Majesty; & that his Packet is gone ^nte'^~%& 
in Cpt. Comerins Ship which sailed yesterday; And forasmuch as chap! 228. ' 
the Matters contained in the said Message are of great Importance 
* & may require the Solicitation of the Agent of this Province 

Voted that a Copy of the said Message to His Excellency with 
other Papers relating thereto be forthwith sent to M'' Agent Bollan, 
with Directions to use his utmost Endeavour to obtain his Majestys 
Favour as to the Matters mentioned in the said Message. [^Passed 
January 12. 

CHAPTER 249. 

ORDER APPOINTING A COMMITTEE TO RECEIVE THE BALANCE OF THE 
ACCT® OF THE LATE TREASURER FOYE AND PAY THE SAME TO THE 
PRESENT TREASURER. 

In Council "Whereas by the account of the late Treasurer Wil- Legislative 
liam Foye Esq'' examined by a Committee of this Court February councif.xx., ^ 
8. 1753 it appears that he was then accountable for the Sum of Archfves^^ciii 
£6,290.19.3 the Ballance of the said Account and it apjDcars that 204. 
divers further Sums were outstanding which ought to have been Mass. 
since received; And it likewise appers that 4,926 Lottery Tickets 205^'^Hous'e"'' 
were delivered to the Treasurer as the Share of the Province There- p°o™Qc'e^' ^'^' 

fore Laws, xiv., 723, 

Ordered that Jacob Wendell John Wheelwright and Thomas *^^*^' '^^' 
Hutchinson Esq""^ with such as the Hon^'® House shall join be a 
Committee to receive the Ballance that may be in the hands of the 
s'^ Treasurer Foye to give him a discharge therefor and to deliver 
the same to M'' Treasurer Gray and take his receipt for the use of 
the Province The Committee are likewise to settle the Prizes which 
said Lottery Tickets drew and to cause the said Tickets to be burnt 
to Ashes 

In the House of Eepresentatives 

Read & Concurred & Col Otis Col Worthington M" Allen M"" Hunt 
M' Fletcher Cap Chandler & M' Wells are Joined in the Affair. 
[^Passed January 16. 



CHAPTER 250. 

ORDER DIRECTING THE TREASURER TO SUE THE PROV^^ DEBTORS. Legislative 

Records of the 
Council, XX., 

Ordered that the Treasurer forthwith proceed in all proper Methods lei^ 

directed to by Law to enforce the Payment of all Such Sums of Money House Jour. 
as are due from any Persons to the Province. \^Passed January 16. ^^^' ^' ^'^' 



108 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 251-253.] 



CHAPTEE 251. 



ORDER GRANTING TO EDW» BEST LICENCE TO RETAIL BEER. 



Legislative 
Records of the 
Council, XX., 
167. Mass. 
Archives, lix., 
401. 

Mass. 

Archives, lix., 
400. House 
Journal, p. 168. 



A Petition of Edward Best of Boston, shewing that he has set 
up the Trade of Brewing in said Town, & brews better Beer than 
is usual. Praying that the Court of General Sessions of the Peace 
for the County of Suffolk now sitting may be impowered to grant 
him a Licence for Eetailing Beer. 

Read &, 

Ordered that the Prayer of the Pef be so far Granted that the 
Court of General sessions of the peace for the County of Suffolk 
at their Present session be & hereby are Impowered to Grant the 
Petitioner a Licence to Eetail Beer in the Town of Boston If they 
See fit he first Obtaining the Approbation of the Selectmen of Said 
Town the time for granting of Licences being Elapsed Notwith- 
standing. \_Passed January 16. 



CHAPTEE 252 



VOTE FOR AN ABSTRACT OF SOLDIER'S WAGES UNPAID, ON MUSTER 
ROLLS IN THE HANDS OF THE LATE TREASURER MR. FOYE. 



Legislative 
Records of the 
Council, XX., 
162. Mass. 
Archives, ciii., 
207. 

House Jour- 
nal, p. 174. 



In Council 

Voted that some Person be employ'd to repair to the Late Treas- 
urer W"^ Foye Esq' and take an abstract from the severall Rolls 
laying in his Office of the Grants of such Soldiers as remain unpaid 
upon said Rolls and Cancell the same and that a New Warrant be 
made upon the Abstract for M'' Treasurer Grays payment thereof 
and that the Commissary General be directed to inspect said Abstract 
and to direct the Proper Method to effect y* same 
In the House of Representatives 

Read & Concurred & John Wheelwright Esq'' is Appointed for 
the Purpose abovementioned. 

In Council Read & Concur'd. \^Passed January 17 ^ 



CHAPTEE 253. 



ORDER IMPOWERING SARAH MAYHEW, GUARDIAN, TO EXECUTE A 

DEED. 



Legislative 
Records of the 
Council, XX., 
14. Mass. 
Archives, cv., 
421. 

Mass. 

Archives, cv., 
420^24. Legis- 
lative Records 
of the Council, 
XX., 168. 
House Jour- 
nal, p. 124. 



A Petition of Sarah Mayhew Widow of Theophilus Mayhew 
late of Chilmark in Dukes County dec'^ Praying that she may be 
impowered by this Court to execute a Deed, for exchanging with 
Thomas Tilton twelve Acres of Land of her said Husband's Estate, 
agreable to a Contract made in his Life time. 

Read & 

Ordered that this Petition be revived and that the prayer thereof 
be Granted & the Pef (with the Advice & assistance of John Nor- 
ton Esq'') is Allowed & Impowered in her Capacity of Guardian to 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is January 11. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 109 

her Son within Mentioned to Execute & deliver to the within named ^^^JJ^^' i'^^) ; 

Tho^ Tillton a Deed for Conveyance of the twelve Acres of Land 

within Mentioned Provided he give to the S'' Heir a good Deed of 

his Land within Mentioned Agreeable to the Contract referred to 

in the pet° & the S'^ Norton is to See that Justice be done in the 

Affair. \_Passecl January 17. 



CHAPTEK 254. 

VOTE APPOINTING A COMMITTEE TO LAY OUT A NEW TOWNSHIP WEST 

OF NORTHAMPTON. 

In the House of Representatives Legislative 

Voted That M' Gideon Lyman & Elijah Williams Esq' with Such coSxl?® 
as the Honourable Board shall Appoint, be a Committee to Lay out ^^'^^^l^^^' 
a Township Six Miles Square Upon the New Cut Road from North- cxvi., 499'. 
ampton towards Albany at the Place Mentioned in the Memorial of Mass. 
Oliver Partridge Esq' dated the 4^^ of Dec' 1753. and that the Said ^xvlS^oo. 
Committee lay out Sixty Three Houselots in S'' Township one for ^i^P^'and 
the first Setled Minister one for the Ministry and one for the School e. 'House Jour- 
as near the Center of Said Town as may be with Convenience in Ante^^-i^wil''^' 
Such Quantities as the S'* Committee Shall Judge best and also that chap! 240. 
the S'' Committee be directed to lay out Such High ways Streets & 
Lanes to & among S*^ Houselotts as Shall be necessary & Conven- 
ient And the S'^ Committee have power to Admit Sixty Setlers or 
Inhabitants into S*^ Township Each of them Shall be Entitled to 
a Sixty Third part of S*^ Township Upon the Conditions Following 
Viz : That Each Setler pay to the Committee upon his being admitted 
Thirteen pounds six shillings & eight pence for the Use of the Gov- 
ernment And that he Shall within the Space of Three Years from 
his being Admitted build a House eighteen feet Long & fifteen feet 
wide & Seven feet Stiid & Shall fence five Acres of his Said House- 
lot & bring the Same to English Grass or fit it for plowing & raising 
of Wheet or other Corn And Shall Actually by themselves Pleirs or 
Assigns Reside on S'' Houselot five years in Seven from their being 
admitted And that they Settle A Learned Protestant Minister in S** 
Town within the Term of five Years from their being admitted in 
Case a French or Indian War do not happen within S'' Term & in 
Case a Warr Should happen then to fulfill the S'^ Conditions in y® 
Like Term after the War And in Case the aforeS*^ Conditions are 
not fulfilled According to the true intent & meaning thereof That 
then Such delinquent Setler or Setlers Right Shall be forfiet & 
revert back to the province to be dispossed of as the General Court 
Shall hereafter order & determine Any thing in this grant to the 
Contrary notwithstanding and that the S'' Committee be further 
directed to take Bond of each person Admitted by them a Setler 
of the Penal Sum of One Hundred pounds payable to the Province 
Treasurer or his Successor in S*^ Office for the faithfull performance 
of the Conditions of Said Grant The Said Committee to make report 
of their doings & due return of S'^ Bonds to the Province Treasurer 
as Soon as may be who Shall be paid for that Service out of the 
monies Received of the Setlers. 

In Council Read and Concurd & Oliver Patridge Esq' is joined 
in the Affair. [Passed January 17. 



110 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 255, 256.] 



CHAPTEK 255. 



VOTE ESTABLISHING THE BOUNDARY LINE BETWEEN READING & 

MALDEN. 



Legislative 
Records of the 
Council, XX., 
124. Mass. 
Archives, 
cxvl., 574. 

House Jour- 
nal, pp. 184, 185. 



A Petition of Thomas Eaton, Ebenezer Nichols, Joseph Lynde 
& Ezra Green, Committees of the Towns of Eeacling & Maiden for 
settling the Boundary Line between the said Towns,* and praying 
that it may be confirmed by this Court, 

[Read &] 

Voted that the prayer of the Petition be Granted, and that the 
bounds between the Said Towns of Reading and Maldin as agreed 
to by Said Petitioners viz^ Begining at a Black oak tree Standing 
by the road Leading from Reading to Maldin about Twelve rods 
Northward of Jonas G.reens Barn. Marked with R & M- then Run- 
ing Eastwardly with a Straight line to a heap of Stons round a Pitch 
pine tree. Still Eastwardly the Same Course to a Stake and heap of 
Stons in Chilcea Line, Said Stake being Marked with R. M and 
be Ratified and Confirmed accoringly. \^Passed January 18.^ 



CHAPTEK 256. 



VOTE APPOINTING GUARDIANS FOR THE INDIANS. 



Legislative 
Records of the 
Council, XX., 
158. Mass. 
Archives, 
xxxii., 453. 

House Jour- 
nal, pp. 167, 168, 
169. Ante, 
p. 103, chap. 
241. 



Province of the ) 
Massachusets Bay ) 

This day being appointed for the Election of Guardians for the 
Several Tribes or Plantations of Indians within this Province (Pun- 
kapogg Excepted) Pursuant to Law 

The following Persons were duely elected to the said Trust by 
a major Vote of the Council and House of Representatives viz* 



For the Natick Indians viz' • 
Joseph Richards Esq'' 
Joseph Buckminster Esq' 
John Jones Esq'' 

For the Dudley Indians viz' 
John Chandler Esq' 
Cap' Moses Marcy 
M' Joshua Healy 

For the Indians East of Barnstable viz' 
John Freeman Esq' 
Joseph Freeman Esq' 
M' Joseph Hall 

For the Marshapee Indians viz' 
Sylvanus Bourn Esq' 
David Crocker Esq' 
James Otis Esq' 



For the Teticut Indians viz' 
Gamaliel Bradford Esq' 
Josiah Edson jun' Esq' 
Cap' Nathaniel Smith 

For the Indians at Martha's Vineyard 
Pain Mayhew Esq' 
John Sumner Esq' 
M' Benjamin Manter 

For the Indians at Nantucket 
M' Abishia Folger 
Jonathan Coffin Esq' 
M' Richard Coffin 

For the Indians at Dartmouth 
M' Ambrose Barnaby 
John Winslow Esq' 
M' Abiel Terrey 



W Shirley. 



I Consent to the foregoing Elections. 
\^Passed January 18.^ 

1 The State Library copy. Legislative Records of the Council, xix., 121, here inserts, 
" setting forth their agreement thereupon." 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 18. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is January 11. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. HI 



CHAPTEE 257. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON GOVERNM^ 
SECURITIES AND DISCHARGING THE LATE TREAS» OF £1,057. 18. 10. 

Eeport of Government Securities, rec*^ by the Com*^% of the Legislative 
late Treasurer, viz* councn, xx.!*^ 

Province of the Massachusetts Bay Boston January 11, 175-4. i"3. Mass. ' 

Eeceived of William Foye Esq' late Treasurer a Government 208? ^^^^'""•' 
Security for £926.14.4 paid James Allen Esq'' for so much bor- House .Jour- 
rowed upon the £18,400 Supply which with the Interest due ^^ie'}^m 
thereon £119.18.6 makes £1,046.2,10, also one other Note of £10 chap! 245. 
borrowed of Andrew M^Kenzie payable the lO*'' of June 1752, 
with Interest amounting to £1.16 makes £11.16 both which Sums 
amounting to £1,057.18.10, which we have received & consumed 
to Ashes, 

John Worthington John Osborne 

"William Fletcher Jacob Wendell 

Samuel Welles James Otis 

Eead Accepted & 

Ordered That tlie late Treasurer W" Foye Esq'' be & hereby is 
Discharged of the Said Sum of One Thousand & fifty seven pounds 
18/10. [^Passed January 18. 



CHAPTEE 258. 

VOTE appointing COMMISS^s TO VIEW PROV'^ LANDS WESTWARD. 

The two Houses proceeded this Day to the Election of three Legislative 
Gentlemen to be Commissioners to repair to the Western Frontier, councif,xx!f^ 
& to make Inquiry about the Province Lands there &c* ij^^ 

And the following Gentlemen were chosen by the Major Vote of ^n<e, p. loe, 
the Council & House of Eepresentatives ; viz* Samuel Welles, John *^ ^p-- 
Chandler & John Worthington Esq''* 

To which Elections His Excellency signed his Consent.' \^Passed 
January 18. 

CHAPTEE 259. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE GEN- 
ERAL ACCOUNTS OF THE LATE TREASURER WM FOYE ESQ«. 

Province of the Massachusetts Bay Boston January 16. legislative 

'' Records of the 

li04. Council, XX., 

The Committee to whom was referred the Examination of the Hi 



Accompts of William Foye Esq" late Treasurer t& Eeceiver General na^PpSisT. 
of his Majesty's Eevenues within the Province of the Massachu- Ante,v^m, 
setts Bay in Ncav England, begining the 8"" day of February 1753 l^^^a, chap. 
& ending the 16*^ day of January 1754, having attended that Ser- 257. 
vice upon examining the same find them right cast & well vouched; 
by which it appears that the said Accomptant chargeth himself with 



^ Not found in the House Journal. 



X12 Province Laws (i?esoZves,e^c.). — 1753-54. [Chap. 259.] 

the Sum of Six Thousand two hundred & ninety Pounds nineteen 
Shillings & two pence, the Ballance in his Hands p last Acco' and 
with the Sum of Forty eight Thousand three hundred & three Pounds 
three Shillings & two pence three farthings outstanding of the sev- 
eral Assessments per last Accompt, and with the Sum of One Thou- 
sand four hundred & forty nine Pounds ten Shillings & eleven pence, 
since received for Excise upon Liquors, and with the Sum of Thirty 
Pounds seventeen Shillings rec*^ of Andrew Boardman Esq" for Excise 
on Tea, &c^ in Middlesex, & with the Sum of Five hundred & fifteen 
Pounds four Shillings & ten pence, received of John Erving Esq'' for 
Lands sold him by a Committee of the General Court, and with the 
Sum of Thirty seven Pounds received of James Minot Esq'' & Com- 
mittee for Lands sold at Hoosuck and with the Sum of Five hun- 
dred thirty eight Pounds Sixteen Shillings & four pence received of 
the Directors of the late Lottery, and with the Sum of Ten Pounds 
five Shillings received for Fines, and with the Sum of One Thousand 
One hundred & twenty Pounds One Shilling & one penny received 
of Daniel Eussell Esq'' Commiss'' of Impost, being the Ballance of 
his Accompt, and with the Sum of Forty Pounds ten Shillings received 
of Samuel Watts Esq' & Committee, for Lands sold Benjam'' Hough- 
ton, and with the further Sum of Two hundred & thirty three Pounds 
eight Shillings & four pence farthing, received for Excise on Liquors, 
and with the Sum of Three Thousand Pounds received of the hon^'® 
Samuel Watts Esq' & Committee in small Bills made for Change in 
1750; All which Sums amount to the Sum of Sixty one Thousand, 
five hundred & sixty nine Pounds fifteen Shillings & eleven pence. 
The Committee further find that the Accomptant hath discharged 
himself by sundry Payments & Disbursements made by Order of his 
Honour the Lieuten' Govern' with the Advice of the Council amount- 
ing to Ten Thousand & eighty Pounds ten Shill^^ & seven pence, & 
by Government Securities burnt by a Committee of the General Court 
since last Account Two Thousand three hundred & eighty two Pounds 
thirteen Shillings & eleven pence ; and by one Years Interest payable 
on sundry Notes payable January 1754. Six hundred & forty two 
Pounds nineteen Shillings & two pence, and by sundry Lottery 
Tickets, Principal & Interest paid, amounting to Three Thousand 
four hundred & ninety nine Pounds sixteen Shillings, And by Prov- 
ince Bills burnt by a Committee of the General Court, amounting 
to Three Thousand seven hundred & ninety five Pounds five Shil- 
lings, and Bills burnt by said Committee Two Thousand nine hun- 
dred & thirty four Pounds three Shillings & two pence, outstanding 
of the several Assessments, as by a particular Accompt rendered by 
the hon''"'' Samuel Watts Esq' & Committee of the General Court, 
Thirty three Thousand, three hundred & fourteen Pounds Sixteen 
Shillings & one penny, and by Government Securities burnt by a 
Committee of the General Court January 11. 1754, One Thousand 
& fifty seven Pounds eighteen Shillings & ten pence; All which 
Sums amount to the Sum of Fifty seven Thousand seven hundred 
& three Pounds two Shillings & nine pence ; and by Nineteen hun- 
dred & ninety five Pounds twelve Shillings Deficiency in the Cast, 
and the Sum of One Thousand eight hundred seventy one Pounds 
one Shilling & two pence Ballance in hand; but the Consideration 
of the above mentioned Deficiency not lying with this Committee, 
the Ballance must appear to them to be Three Thousand eight hun- 
dred & Sixty Six Pounds thirteen Shillings & two pence, 

(Signed) James Otis ^er Order. 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 113 

Read & Accepted, & 

Ordered, that the said late Treasurer William Foye Esq'' be ac- 
countable for the Sum of Three Thousand eight hundred & Sixty- 
Six Pounds thirteen Shillings & two pence. {^Passed January 18. 



CHAPTBK 260. 

ORDER GRANTING TO MARY TRUMBAL LICENCE TO KEEP AN INN. 

A Petition of Mary Trumbal of Charlestown, praying that She Legislative 
may be allow'd to keep a House of publick Entertainment in the councif xx!^^ 
said Town in the Place where her late Husband dec'^ carried on that i^e. Mass. ' 

ET ^ Archiyes, cxi., 

mployment. 287. 

Read & Mass. 

Ordered that the prayer of the Petition be So far granted That ^f ^'Ho^'se'''"' 
the Justices of the Court of General sessions of the Peace for the Journal, _ 
County of Middlesex at their Adjournment on the Last Tuesday of pp-^^^'^^"- 
Jan'"'' Currant be & hereby are Impowered (if they See fit ' to Grant 
the Petitioner Licence to keep a House of Publick Entertainment 
In Charlestown She first Obtaining the Approbation of the select- 
men of Said Town The Time for Granting of Licences being Elapsed 
Notwithstanding. \^Passed January 18. "^ 



CHAPTER 261. 

VOTE GRANTING TO JOHN FRANKLYN AND COMP-^ 1,500 ACRES OF 

LAND. 

A Petition of John Franklyn & others, shewing that they have Legislative 
been at great Expeuce for introducing foreign Protestants and set- councif xx*^^ 
tling them within this Province, for the Carrying on several Man- ns. 
ufacturers useful to the Publick, & among other Things they have Mass. 
at great Charge set up the making of Potash, which they appre- 232?*^Hou8e^'''' 
hend will be of great Service to the Province, therefore praying '^^"^f'iyg 
for Encouragement from this Court, either by granting them a iss*. Province 
Sum of Money, or otherwise as this Court shall judge best. ^otl^'^Aiitf^' 

Voted that there be & hereby is granted to the said John Franklyn 
& Company Fifteen Hundred Acres of Land to be laid out in the 
Unappropriated Lands of the Province, adjoining to some Town or 
District, in a regular Form, by a skilful Surveyor & Chainmen on 
Oath, & that they return a Plan thereof to this Court within three 
Years for Confirmation. Provided the said Franklyn & Company 
their Heirs & Assigns do carry on the several Manufactures which 
the said Comi^any are now engaged in, at German Town for the 
Space of seven years at least from this Time; Otherwise the said 
Lands to revert to the Government. xA.nd as a further Encourage- 
ment to said Franklyn & Company, that the Captain General be 
desired to exempt twelve of the Workmen, such as said Company 

' Sic, as to absence of parenthesis. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is January 19. 



114 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 262-264.] 



Legislative 
Records of the 
Council, XX., 
177. 

House Jour- 
nal, p. 193. 
Province 
Laws, iii., 742, 
note. Ante, 
p. 26, chap. 46. 



shall chuse from Millitary Duties, so long as the said Manufactory 
shall be carried on, and that the said Twelve Men be excused from 
Serving as Tything Men, Constables, Grand Jurors & Petit Jurors 
& Working at High Ways, & be freed from all Taxes, except Min- 
isterial, so long as said Manufactories shall be carried on. \^Passed 
January 19. 



CHAPTEK 262. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF MIDDLESEX AND ALLOWING £2. 8. 2 FOR THE EX- 
PENSE THEREOF. 

The Committee appointed to let out to farm the Excise on Strong 
Drink in the County of Middlesex reported that they had let out the 
same to William Story for the Sum of Seven hundred & thirty six 
Pounds, & have taken Bonds & lodged them in the Treasury, their 
own Charge being £2.8.2. Eead & Accepted, & 

Ordered that the said Committee be allowed & paid out of the 
publick Treasury the Sum of Two Pounds, eight Shillings and two 
pence in full for their Time & Expences in farming said Excise. 
\^Passed January 21. 



CHAPTEE 263. 



Legislative 
Records of the 
Council, XX., 
177. Mass. 
Archives, cxi., 
272. 

House Jour- 
nal, p. 195. 



ORDER GRANTING TO JAMES DAY LICENCE TO KEEP AN INN. 

A Petition of James Day, Praying that the Court of General 
Sessions for the County of Suffolk may be impowered to grant him 
a Licence to keep Tavern in the House called the Sun Tavern in 
Boston : 

Read & 

Ordered that the Prayer of the Petition be So far granted that 
the Justices of the Court of General Sessions of the peace for the 
County of Suffolk at their Adjournment be & hereby are Impow- 
ered (If they See fit) to Grant Licence to the Pef to keep A House 
of Publick Entertainment At y® place Mentioned in the pet° he 
Obtaining the Approbation of the Select men of the Town of Bos- 
ton The time for Granting of Licences being Elapsed Notwithstand- 
ing. {^Passed January 21. 



CHAPTER 264. 

ORDER ACCEPTING REPORT OF COMMITTEE IN REGARD TO ACCOUNTS 
OF THE LATE TREASURER. 



Legislative 
Records of the 
Council, XX., 
177. 

House Jour- 
nal, pp. 193, 194, 
196, 19, . Ante, 
p. 107, chap. 
249. 



The Committee appointed the 16*'' Instant to receive the Ballance 
of the late Treasurer Foyes Accompt that might be in his Hands &■ 
to consume to Ashes the Lottery Tickets belonging to the Province, 
have attended the Service & have received from the said M'' Foye 
the Sum of Fifteen hundred Pounds, which they have paid to M' 
Treasurer Gray, taking his Receipt therefor; the Eemaining Bal- 



[3d Sess.] Province Laws (i?eso?ves, e^c). — 1753-54. 115 

lance being Two Thousand three hundred & Sixty Six Pounds thir- ^«fc,p. iii, 
teen Shillings & two pence the said M' Foye is still accountable to ^^^^- '^^■ 
the Province for, Which is submitted 

Jacob Wendell per Order 

Eead & AccejDted; & 

Ordered that the said late Treasurer M'' Foye be still accountable 
to the Prov'^'^ for the Sum of Two Thousand three hundred & Sixty 
six Pounds thirteen Shillings & two pence, [Passed January 22. 



CHAPTER 265. 

ORDER GRANTING TO JOSEPH GOLDTHWAIT LICENCE TO KEEP AN 

INN. 

A Petition of Joseph Goldthwait of Boston shewing that he Legislative 
lives in a House convenient for the Entertainment of Coasters, councif xx!^* 
Praying that the Court of Gen^ Sessions of the Peace for the ns. Mass. ' 
County of Suffolk maybe impowered to grant him a Licence to iJ. ^^'^^'^^ '' 
keep a Tavern there : Mass. 

Eead & . ^8?^"hou8?*' 

Ordered that the prayer of the Petition be so far granted that Journal, p. i96. 
the Court of Gen' Sessions of the peace for the County of Suffolk 
be impowered at y® Time to whicli they Stand Adjourned (if they 
See fit) to Licence the pef to keep a house of puljlick Entertain- 
ment he Obtaining the Approbation of the Selectmen of the Tow^n 
of Boston the time for Granting of Licences being Elapsed Not- 
withstanding. [Passed January 22. 



CHAPTER 266. 

VOTE CONFIRMING THE ASSESSMENTS FOR MINISTERIAL TAXES LEVIED 

AT LEICESTER. 

Whereas in assessing the Inhabitants of the Town of Leicester Legislative 
for the Ministry Taxes, the Assessors of the Town of Leicester g^^°^^,'^f_ 2*^*^^ 

made the said Rate or Assessment, & Disputes have arisen w^iether ^^i: 

the said Assessors have Power to do the same, being only Assessors House Jour- 
for the Town, Therefore »i .p- 

Voted that the said Assessment so made & signed by the Assessors 
of the said Town shall be deemed and held good & valid to all In- 
tents & Purposes; any Disputes that have arisen concerning the same 
notwithstanding. [Passed January 22. 



CHAPTER 267. 

order allowing £6. 2. 8 TO RICH» SMITH. 



A Petition of Richard Smith, Praying for an Allowance of his Legislative 

pi • .i^-j.:: .1.- o__ TVT„„ _„i;-i.„,T i,„ r\„.i — ^f^ +U,'r, n^T^^^,-, Records of the 

ment in the ^^... ^,^^, .^. ^......^^ ...^ ^.^^j^^.j ^^ . -^ Archives, cv., 

Read & 465. 



dieting divers Sea Men enlisted by Order of this Govern- coSndf, xx 
le Year 1745, for maning his Majesty's Ship Vigilant: its. Mass. 



116 



Provixce Laws {Resolves, etc.). — 1753-54. [Chaps. 268-270.] 



Mass. 

Archives, cv., 
464. House 
Journal, 
pp. lOy, 123, 195. 
Province 
Laws, xiii., 466. 
chap. 4. 



Legislative 
Records of the 
Council, XX., 
179. Mass. 
Archives, 
xxxii., 430. 

Mass. 
Archives, 
xxxii., 429. 
House Jour- 
nal, p. 198. 
Ante, p. 110, 
chap. 256. 



Ordered that the prayer of the Petition be granted And that the 
petitioner Rich^ Smith be Allowed & paid out of the pnblick Treas- 
ury the Sum of Six pounds 2/8 in full of his Ace'- for Billeting the 
Men Mentioned in the petition. \^Passed January 22. 



CHAPTER 268. 

ORDER IMPOWERING CASAR FERRIT, INDIAN, TO SELL LAND. 

A Petition of Csesar Ferret of Natick, Indian Planter, shewing, 
that by Disappointments in his Business he is brought into Debt, 
praying that he may be allowed to sell twenty Acres of his Laud in 
Natick, for the Payment of his Debts, & for building him a Con- 
venient Dwelling House with the Remainder. 

Read and 

Ordered that the Prayer of the Petition be granted and the Peti- 
tioner have Liberty (with the Assistance and under the direction 
of the Guardians of the Indians in Natick provided they approve 
thereof) to make Sale of Twenty Acres of his Land for the most 
that may be, due Notice being previously given of the intended 
Sale, the proceeds of such Sale to be applied by said Guardians for 
discharging the Petitioners just Debts, and the remainder (if any 
there be) to be improved for the best Advantage of the Petitioner. 
\^Passed January 23, 



CHAPTER 269. 



ORDER ALLOWING £6 TO WANNANPAUGUS, INDIAN. 



Legislative 
Records of the 
Council, XX., 
180. Mass. 
Archives, 
xxxii., 432. 

Mass. 
Archives, 
xxxii., 431. 
House Jour- 
nal, pp. 196, 198. 



A Letter from M' Timothy Woodbridge of Stockbridge, to David 
Mosely Escf a Member of the House of Representatives, moving that 
an Allowance may be made for the Support of Wannanpaugus an 
Indian of that Place. 

[Read &] 

Ordered that the Sum of of ' Six pounds be paid out of the Pub- 
lick Treasury & put into the Hands of S** Woodbridge and by him 
to be Employed for the support and Comfort of the S*^ Wannan- 
paugus in his Old Age. [Passed January 23. 



CHAPTER 270. 

ORDER APPOINTING A COM™e tO SELL LANDS BETWEEN THE TOWN- 
SHIP OF SUNDERLAND AND MILLERS RIVER. 



Legislative 
Records of the 
Council, XX., 
ISO. Mass. 
Archives, 
Ixlvi., 343. 

House .Jour- 
nal, pp. 145,201. 



In the House of Rep"" 

Ordered that M"" Speaker & Captain Joseph Williams with such 

as the honourable Board shall Join be a Committee to Make Sale 

of that Tract of Province Land Lying between the Township of 

Sunderland & Millers River & That the Same be sold in the Town 



Sic. 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 117 

of Boston within fifteen days from this time to the highest Bidder 
And that the S'' Committee Notify the Same in the Evening post 
as Soon as may be. 

In Councih Eead & Concur'd & Andrew Oliver Esq' is joined in 
the aflEair. {Passed January 24. 



CHAPTEE 271. 

VOTE ALLOWING £500 TO M» AGENT BOLLAN. Legislative 

Records of the 
Council, XX., 

Voted that the Sum of Five hundred Pounds Sterling be paid }^ 

out of the publick Treasury to to ' M' Agent Bollan [to] enable him House Jour- 
to transact the Affairs of the Province at the Court of Great Britain, 2W).'^^" ' ' 
he to be account''^® therefor. \^Passed January 24. 



CHAPTER 272. 

ORDER ALLOWING £4. 10 TO TIM" BROWN. 



A Petition of Timothy Brown of Swanzey in New Hampshire, Legislative 
shewing that by Encouragement from this Court in 1748, he went counclf, x*x^.^^ 
as Pilot to Canada with Persons that went to redeem their Chil- isi. Mass. 

1 • -, - A.rcliivGS 

dren, that his Allowance was far short of answering for his Expence ixxiv., i&t. 
& Loss of Time ; and therefore Praying for some further Allowance Mass. 
for his said Service from this Court: bcxiv'^il's. 

Read & House Jour- 

Ordered that there be Allowed & paid out of the Publick Treas- °*'PP- -'' 
ury to the Pef Tim° Brown the sum of Four pounds Ten shil- 
lings In full Satisfaction for his services mentioned in the Petition. 
{^Passed January 24. 



CHAPTEE 273. 

ORDER DIRECTING PAYMENT TO GEO. MOOREY & OTHERS OF CHARGES 
FOR COMMITTING A PRISONER. 

A Petition of George Moorey, Deputy Sheriff of the County Legislative 
of Bristol, Abiah Lee late Keeper, and Jonathan Carver present coundi! xV.!*^ 
Keeper of the Goal there, shewing that they were at great Charge '^H'^^^H^- 
in the Committment & Subsistence of Ruth Hodges committed xiui., 753.' 
under Suspicion of her being concerned in the Murther of a Bas- Mass. 
tard Child; of w'^'' she was upon Trial acquitted, and she permitted xm^vll'. 
to go without Day ; and for as much as the Petitioners are not able House Jour, 
to recover their Charges, Praying that this Court would give Orders ^ ' ^ 
for the Payments thereof. 

Read & 

Ordered that this petition be revived & that the prayer Thereof 
be so far granted as that the Justices of the Court of General ses- 
sions of the peace for the County of Bristol at their Next sessions 
be & hereby are directed to Issue their "Warrants on the County 

1 Sic. 



118 



Province Laws {Besolves^etc). — 1753-54. [Chaps. 274, 275.] 



Treasurer for S** County for the Payment of the Charges Mentioned 
in the petition having first Estimated the Keasonableness of the s** 
Demands. \_Passed January 24. 



Legislative 
Records of the 
Council, XX., 
185. Mass. 
Archives, 
xlvi., 34-2. 

Mass. 

Archives, 
xlvi., 341. 
Legislative 
Records of the 
Council, XX., 
75. House 
Journal, pp. 66, 
200, 201. Prov- 
ince Laws, 
xiv.,550, 
chap. 30; 696, 
chap. 159. 



CHAPTEK 274. 

ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED FOR SELLING 
PROVINCE LANDS AND ALLOWING THEM BALANCE OF THEIR AC- 
COUNT S/S^d, 

The Committee appointed to make sale of Province Lands report 
as follows, 

The Land sold to Edmund Quincy Esq'' and by him released to John Erving 

Esq% adjoining to Rhode Island, sold for £524. 4, 10 

said Erving paid into the Treasury ...... £515. 4. 10 

The Land sold to Joseph Wilder Esq' & by him released to ) 9 
the above John Erving Esq^ j 

524. 4. 10 

Adjoins to New Salem ; sold for 152. 0. 

said Erving paid into the Treasury ..... 149. 0. 
advanced to the Committee 3. 0. 

152. 0. 
Land sold to James Allen Esq'' & by him releas'd to M'' Downs at Lunen- 

burgh, sold for 15. 0. 

Land sold to Col" Royal, and by him releas'd to Houghton & Whetcomb, | 
the Deed left in Col° Chandlers hands, not to be recorded untill the said V 40. 0. 

Chandler Receives the Money for the Province Use J 

Accountable to Col" Chandler £38. 4. 

Accountbie to the Committee 1. 16. 

40. 0. 
Land at Sunderland, put up at £500, No Bidders, the Corn's^ ^ith the hon^'e 1 
Tho« Hubbard Esq' proposed to take it at that Price, but Col" Heath dying I 
who was one of the said Committee, Nothing was further done in the j 
Aifair; of which said Hubbard has already informed the hon'''« House of J 
Representatives. 
Land at Charlemont was put up according to the Order of the Court ; but no } 
Bidders appeared j 

The Committee discharges themselves agreable to the above Acco' 
as per the Accompt here^with exhibited, and pray an Order for the 
Ballance thereof being Eight Shillings & five pence half penny. All 
w*^*^ is humbly submitted 

Sam"- Watts per Order. 

Eead k Accepted & 

Ordered that the Committee be Allowed & paid Out of the pub- 
lick Treasury the Ballance of their Ace* being Eight shillings & 
five pence Mi Penny \^Passed January 24.^ 



S^the CHAP TEE 275. 

Council, XX., 

Archives?' ORDER ALLOWING £24.18.8 TO JN^ ASHLEY, 

xxxii., 423. 

MasB; An Accompt presented by Capt John Ashley one of the Com- 

xxxii., 422. mittee for managing the Affairs of the Indians of the Six Nations, 
Records^of the coming to Stockbridge of his Expences on the said Indians : 

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



[3d Sess.] Peovince Laws {Resolves y etc.). — 1753-54. 119 

[Keport] Eeacl & m'^House"* 

Ordered that the Above Eeport be Accepted And that there be Journal, 
Allowed & paid out of the publick Treasury the Sum of Twenty province^" 
four pounds 18/ 8 the Sum of the within Ace' to John Ashley Esq^ JhT^u-^sgf ^' 
[^Passed January 25. ' chap! 155. 



CHAPTER 276. 

VOTE ALLOWING £161. 15. 8 TO JOSEPH DWIGHT ESQ^ AND THREE 
RIGHTS IN THE TOWNSHIP LYING BETWEEN NORTHAMPTON & 
POONTOSUCK. 

A Memorial of Joseph D wight Esq^ shewing that in his Accompt Legislative 
herewith exhibited of his Disbursem'^ on the Mohawk Indians at councif.xx., ^ 
Stockbridge there is contained an Article of Charge for the Sub- Archives^*^^' 
sistence of M' Hollis's Indian Scholars, put under the Memorialists xxxu., 439. 
Care by Martin Kellog now Dec'* praying that the whole may be paid Mass. 
out of the publick Treasury, and that an Allow*=® may be made for xxxiiHs's. 
his Service in Province Lands or otherwise. ^^^'^^i'"^^*^ 

mi r, • • T • T 1 -m- • T i» T 1 BecordB or the 

The Committee appointed to consider the Memorial 01 Joseph councii.xix., 
Dwight Esq"" with the Accompt Accompanying the same, have jounmf,"^^ 
attended that Service, examined the Accompts, and heard him J^^o^fn'^e^"^' 
thereon; and by said Accompt, which appears to be right Cast & Laws, xiv., 682, 
well vouched, they find that he hath expended the Sum of Three '^^^^' ^^"' 
hundred twenty two Pounds nineteen Shillings, including M'' Hol- 
lis's Seventeen Boys, & has received but £11.3.4 so that the Bal- 
lance due to him is £311.15.8 and whereas Capt Martin Kellog had 
formerly the Care of M"^ Hollis's Scholars, both as to Maintenance 
& Instruction ; for which he usually drew Bills of Exchange on the 
said M' Hollis, which Bills were accepted & paid, and on the 25 of 
February last Capt Kellog relinquished that Business, & committed 
the same to the Memorialist Joseph Dwight Esq' who hath had the 
Care of the seventeen Boys ever since ; whose Maintenance & Edu- 
cation hath been at least One hundred & fifty Pounds Charge. 

The Committee are of Opinion that the said Joseph Dwight Esq' 
be desired to apply himself immediately to the Executors of the 
said Capt Kellog, to procure if possible fropi them a Sett of Bills 
of Exchange on M' Isaac Hollis, payable to himself or Order for 
£125 Sterling, which is but equal in Value to £150 Lawful Money, 
the Cost of their Expenc.es & Education; and cause the same to be 
forwarded to M' Hollis for Acceptance & Payment, which when done, 
he is to lodge it in the Province Treasury in lieu of what the Prov- 
ince may allow on his Accompt for this Service. 

And whereas the said Dwight has lain out of £200 of his last 
Grant for more than twelve Months, and hath been advancing his 
own Money ever since for the Articles of his present Accompt, and 
has had the intire Care of the Mohawks at Stockbridge the last 
Year: The Committee report as their Opinion that . . .* Acres 
of the Unappropriated Lands of the Province be granted him to be 
contingent to some Township or District in full for his said Services; 
a Plat thereof to be returned to this Court within twelve Months for 
Confirmation; "Which is submitted. 

By Order of the Com'^^ J. Quincy 

1 This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is January 24. 

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



120 Province Laws {Resolves, etc.). — 1753-54. [Chaps. 277, 278.] 

The within Report was Read & Thereupon 

Voted that there be allowed & paid out of the Publick Treasury 
to Joseph Dwight Esq'' the Sum of One Hundred & sixty one pounds 
15/8 being the Ballance of his Accompt Exhibited as one of this 
Courts Com*® to provide for the Mohawks at Stockbridge which is 
Exclusive of the Sum of One Hundred & fifty pounds contained 
in S** Accompt which he Supply'd the Indian Boys in the School 
(of M' Isaac Hollis) at Stockbridge And that there be & hereby is 
granted Unto the S** Jos Dwight his Heirs & assigns Three Rights 
in the Township Lying between Northampton k, Poontosuck Ordered 
to be Opened this session he performing the Conditions of Settle- 
ment Upon Each of S*^ Rights which Lands are in full Satisfaction 
for his Time & Expences respecting S** Mohawks. [^Passed Jan- 
uary 25.'^ 

CHAPTEE 277. 

ORDER APPOINTING A COM'^^= FOR REPRINTING LAWS. 

Rifords'of the ^^ ^^^ ^^use of Representatives ; 

Council, XX., Ordered that M"' Speaker, Samuel Welles, & James Otis Esq" with 

— '■ such as the hon'^'^ Board shall join be a Comm'"' as soon as may be 

Archives, ^^ causc such of the Laws now in force, which have not been bound 
nJuse Jour^^' "?' ®^*^®^ among the Temporary or Perpetual Laws, to be inserted 
nai, p. 200. ■ in their proper Places ; and if any of them are out of Print to cause 
the same to be reprinted; And that the Titles of such Laws be in- 
serted in a Page at the begining of the respective Law books. 

In Council; Read & Concur'd; And Samuel Danforth & Joseph 
Pynchon Esq" are joined in the Affair. \^Passed January 25. "" 



CHAPTER 278. 

ORDER RECOMMITTING THE REPORT ON THE PET^ OF THE PUNCAPAUG 

INDNs. 

Refords^onhe Samuel Danforth , Esq= from the Committee on the Pef^ of 
C0UJ10U.XX., Samuel Moho & others Puncapaug Indians, gave in their Report. 
Archives, ' The Committee appointed to audit the Accompts of Samuel miller 

xxxii., 462. ^ John Sheppard Esq" Guardians of the Puukapog Indians, and to 

Records of the consider of some method for repairing the Damages sustained by said 
Council, XX., Indians in the strip & wast made on their Lands, as also of some 
House Jour- proper method for this Court to express their just Displeasure at 
i^'.'^ios'^^" '^^® ^^}^ Guardians neglect of Duty; having attended that Service, & 
chap'. 241. ' examin'd the said accompts, & heard & consider'd the Evidence pro- 
duced in support of the several articles of which they consist are 
of opinion that said accompts (as amended by the Committee) be 
allow'd, and that Samuel miller Esq'' stand Charg'd with £1.5.1 
(the Ballance of his accompt,) and with the several Bonds & prom- 
isary Notes therein mentioned ; and that John Sheppard Esq"" 

stand chargeable for £8.18.6 the Ballance of his Acco' also that 
there appears to be due to the Heirs of m' Thomas Wiswall Dece'd 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is January- 24. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is January 24. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 121 

(who was one of the Guardians of s*^ Indians) the Sum of £3.6.10% 
upon Ballance of his Accompt. and in relation to the Damages sus- 
tained by said Indians in the Strip & wast made on their Lands, the 
Committee are of Opinion that inasmuch as this Government had 
by a Law put the Lands belonging to those Indians into the Hands 
of Guardians appointed by this Court, and the Damages sustained, 
were in great measure occasioned by the male Conduct of Those 
whom the Government had intrusted with the Care of S*^ Indians 
& their Interest that therefore the Sum of One hundred Pounds 
be advanced out of the Publick Treasury, «& put into the Hands of 
the Guardian or Guardians that shall be appointed for said Indians, 
by them to be Let out to Interest or otherwise applyed for the said 
Indians Comfort & Eelief as occasion may require. 

and forasmuch as it has been Eesolved by this Court (after a full 
Hearing of the Parties concern'd) that a great part of the Strip & 
Wast mentioned was made by the Privity and Connivance of the 
said Sheppard, & some part actually done by himself; and foras- 
much as this Court are by the Royal Charter expressly authorized 
to impose Fines & mulcts & that Power in the opinion of the Com- 
mittee cannot be exercised with more Propriety than on this occa- 
sion as the said Guardians were appointed by this Court, & the 
abuse suffer'd by the Indians was done under Colour of authority 
derived from the Government, The Committee are humbly of Opin- 
ion that said John Sheppard Esq' be mulcted by this Court in the 
Sum of Eighty Pounds to be forth with paid or secured to be paid 
into the Province Treasury for the Use of this Government and 
that he be discharged from his said Guardianship & be rendered 
incapable hereafter to sustain that Trust, or any other Post of Trust 
or Honour under this Government. 

and whereas Samuel Moller Esq' has been deemed by this 
Court to be chargeable of Neglect of his Duty as Guardian to 
said Indians the Committee are of Opinion that he be dis- 
charged from his said Trust & be disabled from sustaining the 
same for the future also that he be mulcted the Sum of Ten 
Pounds to be forthwith paid or secured to be paid into the Pub- 
lick Treasury for the Use of the Province, and that a Bill be jDre- 
pared accordingly, which is humbly submitted 

K> order Samuel Danforth 

Read »& 

Ordered [that] * this Report be Re-Committed to the same Com- 
mittee, And that they make Report at the next Sitting of this Court. 
\^Passed January 25."^ 



CHAPTEK 279. 

VOTE FOR DISMISSING THE GARRISON AT THE FORT AT N'' 4. Legislative 

Records of the 
Council, XX., 

Voted that from and after the 20*'' Day of February next no ^2 Mass. 
further Provision be made, for the Pay & subsistance of the Ten ixxiv., lee. 
men now posted at N° 4. (So Called), and that the Captain General Legislative 
be Desired to Direct Capt" Phinehas Stevens to take care that the ^^^"'^llf^ ^^x*.';'^ 
artillery and other Warlike Stores there be Secured for the Service 53. House 
of the Government. [Passed Jatiuary 25.^ pp?16*, 205. 

* Inserted from Legislative Records of the Council, xx., 182. 

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



122 



Province luxyf^ {Resolves^ etc.). — 1753-54. [Chaps. 280-283.] 



CHAPTER 280. 

ORDER ALLOWING £75 TO JOSEPH DWIGHT, ESQ". 



Legislative 
Records of the 
Council, XX., 
183. Mass. 
Archives, 
xxxii., 464. 

miTif "m^' Ordered that the Sum of Seventy five pounds be Allowed & paid 

Province out of the Publick Treasury to the Hon"" Joseph Dwight Esq'' to 

ch^!'?*!^'' ' Enable him to provide for the Mohawks at Stockbridge he to be 
Accountable therefor. \^Passed January 25. 



CHAPTER 281. 

ORDER FOR CHARG« Y^^ LATE TREAS^ WITH MONEY PAID BY BENJ'*' 

HOUSE. 



Legislative 
Records of the 
Council, XX., 
183. 

House Jour- 
nal, pp. 203, 206. 
Ante, p. 32, 
chap. 64. 



Whereas the late Treasurer M'' Foye has in his List of Debts, 
that he exhibited to a Committee of this Court chosen at their 
Session in May last represented a Debt due to the Government, 
an hundred & twelve Pounds last Emission Money, of Benjamin 
House of Scituate, Constable for the Year 174-4; and it appearing 
by an authentick Copy of said House's Eeceipt, that he paid said 
Treasurer Foye & his Clerk, the full of the Sum committed to him 
to collect. Wherefore 

Ordered that the said William Foye Esq"" charge himself with the 
said Sum of One hundred & twelve Pounds five Shillings last Emis- 
sion Money; and that M"" Treasurer Gray when M'' Foye is charged 
with said Sum, discharge himself thereof accordingly. [^Passed 
January 25. 



CHAPTER 282. 

ORDER DIRECTING THE PROVINCE TREASURER TO BORROW £500, AND 
TRANSMIT THE SAJVIE TO AGENT BOLLAN. 



Legislative 
Records of the 
Council, XX., 
183. 

House Jour- 
nal, p. 207. 
Ante, p. 43, 
chap. 93. 



Ordered that the Province Treasurer be directed to borrow the 
Sum of Five hundred Pounds Sterling on Interest, the Sum granted 
to M' Agent Bollan this Session, to enable him to sollicit the Affairs 
of the Province at the Court of Great Britain, & transmit the same 
to him as soon as may be. [^Passed January 25. 



CHAPTER 283. 



Legislative 
Records of the 
Council, XX., 
183. Mass. 
Archives, xix., 
85. 

Mass. 

Archives, xix., 
83. House 
Journal, 
pp. 193, 203. 



ORDER IMPOWERING WM BOWDOIN & JAMES BOUTINEAU AND OTHERS, 
GUARDIANS, TO SELL REAL ESTATE. 

A Petition of William Bowdoin & James Bowdoin, James Pitts 
& Elisabeth his Wife, Balthazar Bayard & Mary his Wife, Melatiah 
Bourn & Mary his Wife, & the said William Bowdoin & James Bou- 
tineau as they are Guardians of the five Youngest Children of the 
said Balthazer & Mary Bayard, shewing that the Eeal Estate of 
James Bowdoin Esq"" deceased, wherein they are concerned is already 
divided among the Heirs, saving the several Houses & Lands enu- 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 123 

merated in the Pet° & for as much as clivers of the Heirs are Minors, ^^te, p^78, 
whose Advantage it will be to have the Estate sold ; Therefore Pray- ^ ^^^' 
ing that their Guardians may be impowered to join with the rest 
of the Heirs in making Sale of the said Houses & Lands. 

[Eead &] 

Ordered 

That the Prayer of the Petition be granted, & that "William Bow- 
din, and James Boutineau, Gaurdians to the Six Children of Mary 
Bayard, viz'' Mary Bourn (the wife of Maletiah Bourn) James, Wil- 
liam, Mehetible, Phebe, and Sarah Bayard To "Whome the Honour- 
able James Bowdin Esq' Deceased, gave one Seventh part of Said 
Lands, as by his Last Will and Testament appears. In there Capasety 
be and they are hereby authorized, to Joyn with the other Relatives 
and Coheirs in the Sale of the primisses for the most it will fetch, 
and to Execute a good Deed or Deeds of Conveyance of the Same, 
they giving publick Xotice thereof (previous to the Sale) In time 
and manner as Prescribed in the Law of this Province in Such Cases, 
They giving Sufficiant Caution to the Judge of Probate for the County 
of Suffolk, that the Proceeds of Such Sale, Shall be Duely applied, 
and put out at Interest for the benifit of Mary Bourn, James, Wil- 
liam, Mehetible, Phebe, and Sarah, Bayard, the Minors, and that 
both Principle, and Interest, be Dilivered them (Necessary Charges 
being first Deducted) when they Shall arive at Lawful age. The Said 
Guardians to be accountable to the Judge of Probate for the time 
being, of the County aifore Said, for there Proceedings in the prim- 
esses. {^Passed January 25. 



CHAPTER 284. 

ORDER IN REGARD TO PETITION OF JN*^ KUSKSHAUMP TO SELL LAND. 

A Petition of John Skusshaump* of Stockbridge, Indian, shew- Legislative 
ing that by Reason of thirteen Years Sickness he is utterly disabled counc?f, xx!f^ 
from doing any Thing for his Support, praying for Liberty from this ^^t'chivea^' 
Court to sell Fifty Acres of his Wood Land lying at Stockbridge, the xxxii., 436. 
Produce to be laid out for his Support. Mass. 

■D ] 0, Archives, 

xteaa Cu xxxii.,435. 

Orde7-ed iha,t John Worthington Esq' Enquir into the Circum- ^^<]"^^ ^"g^"^- 
stances of the pet' and if he think proper to make Sale of the Land ' • • - • 
Mentioned in the Pet° & Cause the produce thereof to be applyed 
for the support & maintainence of the pet' & his family. [Passed 
January 25. 



CHAPTEE 285. 

ORDER REFERRING ALL UNFINISHED MATTERS. Legislative 

Records of the 
Council, XX., 

Ordered that all Matters now before this Court & not pass'd on iss^ 

be referred to the next Sitting of the Court, & have the same Day House Jour, 
in that as was assigned at this Sitting. \Passed January 25. na ,p. 

* The signature in Mass. Archives, xxxii., 435, is "John Kuskshaump.'' 



124: Province Laws {Resolves, etc.). — 1753-54. [Chap. 286.] 

CHAPTEK 286. 

VOTE IN REGARD TO THE INDIAN SCHOOL AT STOCKBRIDGE. 

Mass. The Committee appointed to take under consideration that Par- 

xxxii.7460. agraph of his Excellency's Speech which relates to the cultivating 
Legislative the Friendship of the Indians of the Six Nations have inquired into 
Records ofthe the State of that Affair and are humbly of opinion that the Oh- 
101. House' structions which it hath met with at Stockbridge have been in a 
pp"ioi^202, 203. great measure owing to an unhappy difference between divers of 
Province ' the Persous employed in that Service. But as One of them is now 
cha^^il-aT"' ' dead & some others of them at present discharged from their Ser- 
chap'.m^'*' vice at Stockbridge & removed elsewhere and as there yet remains 
41 Persons of those Tribes at Stockbridge & more may be expected 
there is still a prospect of carrying on that Affair to some good 
purpose if a suitable person was appointed by this Court to under- 
take the more immediate instruction and Support of those Indians 
which now are, or may hereafter come to Stockbridge. 

And as Cap" Kellog is now dead, who was employed by M' Isaac 
Hollis of London to educate & maintain 24 Indian Youth & Chil- 
dren at his own Expence, & as M' Hollis has now no Agent in the 
Province to carry his good design into Execution: The Committee 
are therefore humbly of opinion that Brigadier Dwight (who has 
since the decease of Cap" Kellog taken care that the Affair should 
not drop) should have the directions of this Court still to pursue 
the design for six months longer at the charge of the Province 
except M'' Hollis's Orders about it should come to hand sooner. 
And that a Letter be wrote to M' Hollis recommending said M' 
Dwight as a suitable person to be intrusted by him with the further 
prosecution of that Affair. 

The Committee are further of Opinion that a Letter be wrote to 
the Exec" of S' Peter Warren dec** desiring that they would give 
Orders respecting the Sum of £700 Ster^ which he had appropriated 
for the like Service. 

Which is Humbly submited ^ Sam'- Watts ^ Ord"' 

Eead & Whereas it appears that Cp* Martin Kellogg who was 
Employed by M' Isaac Hollis to Support & Educate at his Charge 
Twenty four Indians Boys is Now Dead & that the S*^ M'' Hollis 
School must Drop Unless some person be Employed to take care 
of the Same Until his Order be Sent to Some person for that pur- 
pose from great Brittain Therefore 

Voted that The Hon' Joseph Dwight Esq' be Impowered at the 
Charge of this Government to Continue the S'^ School at Stock- 
bridge Untill the S^ M' Hollis pleasure be Known respecting the 
Same provided it Exceed not the Term of Six months from this 
time 

And that the secretary be directed to write to the Executors 
of S' Peter Warren Deceased desiring that they would give Orders 
Eespecting the sum of seven Hundred pounds Sterling which he had 
Appropiated f or the Educating of the Mohawk Children.' [Passed 
January 25."^ 

* Not found in Legislative Records of the Council. 

* Adjourned to March 27. See the House Journal, p. 207. 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 125 

CHAPTER 287. 

ORDER GRANTING TO EPHR^ SHERBURN LICENCE TO KEEP AN INN. 

A Petition of Ephraim Sherburn of Kittery, Keeper of the Legislative 
Ferry between Portsmouth & Kittery, shewing how necessary it is coundf xx!^* 
that there should be some Tavern near the said Ferry: And there- i*'- Mass.'' 
fore praying that the Court of General Sessions of the Peace for 291? ^^^^'^'^^'^ 



the County of York may be impowered to give the Pef a Licence Mass. 

to keep a Tavern there : io^^Hous'e''^'' 

Read & Journal, p. 209. 

Ordered that the prayer of the petition be so far granted that 
the Justices of the Court of General Sessions of the Peace for the 
County of York at their Next Term (if they See fit) grant License 
to the petitioner to keep a house of j)ublick Entertainment In Kit- 
tery he first Obtaining the Approbation of the Selectmen of S'^ Town 
the time for granting of Licenses being Elapsed Notwithstanding. 
[Passed March 27. 



CHAPTER 288. 

ORDER GRANTING TO WILL^' KING LICENCE TO SELL STRONG DRINK. 

A Petition of William King of Salem, shewing that the Pef is Legislative 
concerned in the Fishery, which requires the Eetailing of Strong councff xi!^^ 
Liquors; And therefore Praying that the Court of General Sessions i?^"- 
of the Peace may be impowered to grant him a Licence accordinfflv. House Jour- 
Read& -^'P-^i*^- 

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 at their present Sessions, if they see fit, be & hereby are 
impowered to grant the Pef a Licence, to retail Strong Liquors for 
the ensuing part of the Year : Provided he first obtain a Recomenda- 
tion from the Select Men of Salem for that Purpose ; The Time for 
granting Licences being elapsed notwithstanding. [Passed Marcli 27. 



CHAPTER 289. 

ORDER ACCEPTING THE ACCO^ OF THE COMMISSARY GENERAL OF DIS- 
BURSEM^s FROM MAY 1751 TO MAY 1752. 

On the Commissary General's Accompt of Disbursements Legislative 
from May 1. 1751. to May 1752, Ballance whereof in his Favour ^^^^clf ^l*^^ 
is £10,348.2.3 Old Tenor. i»-^- 

Read & House Jour- 

r der ed th&t the Sum of Ten Thousand three hundred & forty '^'^'PP-- > 
eight Pounds two Shillings & three pence Old Tenor be paid to the 
said Commissary General accordingly. [Passed Marcli 28. 



126 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 290-292.] 



CHAPTEE 290. 



ORDER ACCEPTING THE ACC'^ OF THE COMMISSARY GENERAL OF 
INDIAN TRADE FROM MAY 1751 TO MAY 1752. 



Legislative 
Records of the 
Council, XX., 
192. Mass. 
Archives, 
cxix., 544, 545. 

Mass. 
Archives, 
cxix., 543-545. 
House Jour- 
nal, p. 204. 



On the Commissary Generals Accompt of the Indian Truck 
Trade from May 1751 to May 1753, Ballance thereof in the Prov- 
ince Favour being £30,132.15.2 Old Tenor. 

The Committee having Examin'd the witliin account find the 
same riglit Cast, & well Vouched, and that the Ballance of Thirty 
thousand. One hundred and thirty two pounds 15/2 Old Tenor, is 
due from John "Wheelwright Esq'' the Officer, for Managing the 
Indian Trade, to 31 May 1752 which he is further to account for 

J. Osborne ^ Ord' 

Read & Accepted & 

Ordered that the Commissary General be further Accountable for 
the S-^ Sum of 30,132.15.2. [Passed March 28. 



CHAPTER 291. 



order ACCEPTING THE ACCO^ OF THE COMMISSARY GENERAL OF 
PROVISIONS FROM MAY 1751 TO MAY 1752. 



Legislative 
Records of the 
Council, XX., 
192. Mass. 
Archives, 
ccxlviii., 47. 

Mass. 
Archives, 
ccxlviii., 47. 
House Jour- 
nal, p. 204. 



On THE Commissary Generals Specie Account from May 1751 
to May 1752, Ballance in his Hands being three Barrells of Pork, 
ninety four i3ushels & one quart of Pease. 

Examin'd the Account of Specie, and there remains due to the 
Province, Three "iTb Pork, and Ninety four Bushells & 14 of pease, 
which Jn*' Wheelwright Esq'' Commissary General is further to ac- 
count for J. Osborne ^ Ord^ 

Eead Accepted & 

Ordered that the Above report be Accepted & that S*^ John Wheel- 
wright Esq"" be further Accountable for the s'' Three Barrels of Pork 
& Ninty four Bushel & one Quart of Pease. [Passed March 28. 



CHAPTER 292. 



ORDER ACCEPTING THE ACCO^ OF THE COMMISSARY GENERAL 
DISBURSEM^s FROM MAY 1752 TO MAY 1753. 



OF 



Legislative 
Records of the 
Council, XX., 
192. 

House Jour- 
nal, p. 204. 



On the Commissary General's Accompt of Disbursements from 
May 1752 to May 1753, Ballance in his Favour being £6,685.13 Old 
Tenor. 

Eead & 

Ordered that the said Sum of Six Thousand Six hundred & eighty 
five Pounds thirteen Shillings Old Tenor the above Ballance be paid 
to the Commissary General accordingly. [Passed March 28. 



[3d Sess.] Province Laws {Resolves^ etc). — 1753-54. 127 



CHAPTEE 293. 

ORDER ACCEPTING THE ACCO^ OF THE COMMISSARY GENERAL OF IND^ 
TRADE FROM MAY 1753 TO MAY 1754. 

Ox THE Commissary General's Accompt of the Indian Truck ^f^rds^Jf t^e 
Trade from May 1753 to May 1754, Ballance -whereof remaining in Coimcn.xx', 
Stock being £33,245.1.1 Old Tenor. ArcWveT' 

The Committee having Examined the within Acco' find the same cxix., 5s-2, 596. 
right cast & well Vouched, and that the Ballance of Thirty three ^^^^^j^^^ 
thousand, two hundred, & forty five pounds 1/G Old Tenor, is due cxix., 582-596. 
from Jn« Wheelwright Esq"^ the Officer, for managing the Indian ^au^^ soT" 
Trade, which he is further to Account for 

J. Osborne ^ Ord'' 

Eead Accepted & 

Ordered that John Wheelwright Escf be further Accountable for 
the Ballance of the Above Ace' being 33,245.1/1 Old Tenor. \^Passed 
iMarch 28. 



CHAPTER 294. 

ORDER ACCEPTING THE ACCO^ OF THE COMMISSARY GENERAL OF PRO- 
VISIONS FROM MAY 1752 TO MAY 1753. 

On THE Commissary Generals Specie Accompt from May 1752 ^Ifo^ds^of tj^e 
to May 1753, Ballance in his Hands being 17 Barrells of Pork & 38 council', xx., 
Bushels of Pease. • Archfves?" 

Examin'd the within account of Specie, & there Piemains due to ccxiviii-.'ss. 
the Province, Seventeen Ijb Pork, thirty eight bushells pease, which Mass. 
Jn° Wheelwright Esq' Commissary General is Further to account ccxivm.,'5s. 
for J. Osborne ^ Ord' KpS^os. 

[Eeport] Eead & Accepted & 

Ordered that the Above report be Accepted & that the s'^ John 
Wheelwright Esq^'be further accountable for the s*^ Seventeen BB^ 
of Pork & Thirty eight Bush' of pease. \^Passed March 28. 



CHAPTER 295. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON GOVERNM^ 
NOTES, BILLS &c^ BURNT AND DISCHARGING THE TREASURER AC- 
CORDINGLY. 

Eeport of Government Securities, Lottery Tickets, Bills &c* Refords'Jf the 
receiv'd of M'' Treas' Gray. council, xx., 

Boston March 21. 1754. Eeceived of M' Treasurer Gray irehiveTcm., 

Five hundred and Sixty five Government Securities, redeemable -^ 

the twentieth day of January last, amounting to Seven Thousand Ma^^j^-^^^ ^^jj 
fifty eight Pounds three Shillings & seven pence; The Interest 213. House 
thereon Four hundred & seventy four Pounds, two Shillings & Journal, pp. 74. 
four pence half penny making in the whole Seven Thousand five 
hundred & thirty two Pounds, five Shillings & seven pence half 
penny: also Government Securities redeemable the 31^' of Decern- 



128 Province Laws {Resolves, etc.). — 1753-54. [Chap. 296.] 

ber 1751. amounting to One hundred Sixty nine Pounds twelve 
Shillings & four pence; the Interest and Premium Nineteen Pounds 
ten Shillings, amounting in the whole to One hundred eighty nine 
Pounds two Shillings & f ourpence : Also Two Notes in favour of 
Alexander M^Kenzie, j)ayable the 10"" of June 1752, for Ten Pounds 
each, the Interest paid thereon Two Pounds eleven Shillings & four 
pence, amounting in the Whole to Twenty two Pounds eleven Shil- 
lings & four pence ; also Thirty seven Benefit Tickets in the late 
Lottery amounting to Eighty seven Pounds twelve Shillings, the 
Interest paid thereon Six Pounds five Shillings & two pence, mak- 
ing in the whole. Ninety three Pounds seventeen Shillings & two 
pence ; Also Ten hundred seventy nine Pounds eighteen Shillings 
& nine pence in Old Tenor Bills, One hundred forty five Pounds, 
five Shillings and eleven pence in middle Tennor, Thirty hundred 
& seventy Pounds fifteen Shillings & • ten pence in last Emission 
Bills : All which Bills reduced to Lawful Money is Eighteen hun- 
dred & fifty nine Pounds four Shillings & nine pence, which we 
have seen burnt & consumed to Ashes, a true Copy Attest 

J. Osborne ^ Ord'^ 

Eead & Accepted & 

Ordered that the S'^ M"" Treasurer Gray be & hereby is Discharged 
of the Several Sums Abovementioned. \_Passed March 28. "■ 



CHAPTER 296. 

ORDER IMPOWERING MARY CLARK, ADM^, TO CONVEY LAND. 

Recordfof the ^ PETITION of Mary Clark Administrate of the Estate of Thomas 
Cquncif, XX., Clark late of Tewksbury dec'^ praying that she may be impowered 
Archives?' to re-convey to Samuel Farmer divers Tracts of Land in Tewksbury 
xivi., 340.' which he had in the Lifetime of the said Thomas by Deed conveyed 
^^•'^88. to him for his Security in Consideration of his being bound with 

xivL.^sw.' the said Samuel, for the Payment of a Debt then owing by the 
naTppS2n. said Samuel to Zechariah & Eeubin Hardy, now discharged, 
[Bead &] 

Ordered that the Prayer of the petition of Mary Clark adm^ &c. 
be so far granted as that the Said Mary in her Said Capacity be and 
hereby is authorized & impowered to make and Execute a good & 
Sufficient Deed of release To Samuel Farmer of Tewksbury. of 
the Several Tracts & peices of Land, in said Tewksbury. which the 
Said Samuel formerly Conveyed to Thomas Clark, (to whose Estate 
the Said Mary is adm^) as a Security to him the Said Thomas for 
his being bound with him the Said Samuel Farmer. To Zechariah 
Hardy & Eeuben Hardy, which Securities the said Samuel has Since 
paid & discharged, and that the Said Deed So Executed by the 
Said Mary in her Said Capacity shall be held good & valid to all 
intents & purposes as tho Executed by the Said Thomas. {Passed 
March 28.' 

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



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 129 

CHAPTER 297. 

ORDER GRANTING TO PELEG BARKER LICENCE TO KEEP AN INN. 

A Petition of Peleg Barker of Pembrook in the County of Plym- Legislative 
outh Inn-holder shewing that he is about to remove into a House set councif, xx*.^^ 
ofE to him of his Father's Estate Praying that the Court of General f%-J;ll^\^^ 
Sessions of the Peace for the said County may be impowered to licence 297? ^^^' *^^''' 
him to keep a Tavern in said House. Mass. 

rT?Qorl (tT Archives, cxi., 

L±teaa »SJ . . , r. ^ n . ^ ■, , 296,29s. House 

Ordered that the Prayer of the Petition be So far Granted as that Jovirnai, 
the Justices of the Court of General Sessions of the Peace to be ^^" ' '"'" 
Holden at Plymouth for the County of Plymouth on the Third 
Tuesday of May Next be Impowered to Grant the Petitioner a 
Licence If they See Cause to Keep a Publick Tavarn in the Dwel- 
ling House Sett of to the Petitioner in the Division of the Estate 
of his Father Isaac Barker Standing about 30 Eods from the House 
the Petitioner now Dwells in he haveing allready obtained an appro- 
bation from the Select men of Pembrook for that Purpose the time 
by Law for Granting of Licences being Elapsed Notwithstanding. 
\_Passed March 28.^ 

CHAPTER 298. 

ORDER GRANTING TO ARCHELAUS FULLER LICENCE TO KEEP AN 

INN. 

A Petition of Archelaus Fuller of Middleton in the County of j^^^^'^^^^^jj 
Essex, praying that the Court of General Sessions of the Peace for council, xx., 
said County may be impowered to grant him a Licence to keep a ArcMv^es^cxi., 
Tavern in the House lately belonging to Nath^ Peabody of said 295. 
Town, well accomodated & situated for a Tavern & lately improved House Jour- 
f or that Use : na , p. . 

Read & 

Ordered that the prayer of the pet° be So far granted as that the 
Justices of the Court of General sessions of the Peace for the County 
of Essex be Impowered at their present session (if they See fit) to 
Grant Licence to the petitioner to keep a House of Publick Enter- 
tainment in the Town of Middletown he first Obtaining the Appro- 
bation of the Selectmen of s'' Town for that purpose the time for 
granting of Licences being Elapsed Notwithstanding. {Passed 
March 28.' 



CHAPTER 299. 

ORDER IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF 
SUFFOLK TO ALLOW THE CLAIM OF THOMAS HANCOCK AGAINST AN 
INSOLVENT ESTATE. 

A Petition of Thomas Hancock Esq' shewing that he is Creditor Legislative 
to the Estate of Henry Johnson late of Boston, Shopkeeper dec'' cqSxi!f^ 
which has been represented & deemed Insolvent, and the Commis- ^^^j^i^iass^.^ 
sioners for examining Claims had returned their Report thereon loe. 

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



130 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 300, 301.] 



Mass. ^^^ before the Pef had any Knowledge thereof, Praying that he may 
103,105. House be allowed to give in bis Claim, and upon Proof thereof have his 
pp^^09*^2ii Proportion of the Estate with the other Creditors. 
[Read &] 

Ordered that the Prayer of the Petition of Thomas Hancock Esq^ 
be So far granted as that the Judge of Probate for the County of 
Suffolk be and hereby is authorized & imjDOwered to Examine the 
Claim of the S'^ Thomas Hancock Escf to the Estate of Henry John- 
son Dec'^ and to allow the Same or Such part of it as the Said Judge 
Shall think Just & reasonable, and to order the payment of his the 
said Thomas Hancocks proportionable part out of the Avhole of S*^ 
Dec*^^ Estate, as proportioned to the other Creditors and that the 
admin^ pay the Same, out of the Debts rec*^ by her Since the Last 
proportioning of s'' Dec"^^ Estate. \^Passed March 28.^ 



CHAPTEE 300. 



Legislative 
Records of the 
Council, XX., 
194. Mass. 
Arcliives, 
cxvi., 581. 

House Jour- 
nal,pp.210,213. 



ORDER FOR CALLING A TOWN MEETING AT BERKLEY. 

Ordered that Gershom Crane Esq' & M"" George Caswell Two of the 
Select men of the Town of Berkley for the year 1753. be and they 
hereby are Directed & impowered to issue their Warrant Directed to 
M' John Crane of said Berkley. to warn a Town meeting (as soon as 
may be) for the Choice of Town officers for the year Ensueing and 
the said John Crane is hereby authorized & impowered to warn the 
said meeting accordingly as also -to notify the respective Town Offi- 
cers that shall be Chosen at said meeting to appear & Take their 
oaths respectively before such Justice, as he shall be ordered & 
Directed by Warrant from the Selectmen or Town Clerk & the 
said Town officers which shall be Chosen at said meeting. & notified 
as afores*^ shall be as much obliged (to all intents & purposes) to 
serve in the respective offices to which they shall be Chosen as th6 
they had been Chosen in the month of March Current. \^Passed 
March 29. 



CHAPTER 301. 



Legislative 
Records of the 
Council, XX., 
197. Mass. 
Archives, xix., 
108. 

Mass. 

Archives, xix., 
107. House 
Journal, 
pp. 213,214,217. 



VOTE IMPOWERING HENRY & ELIZABETH PRENTICE, GUARDIAN, TO 
SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Henry Prentice of Cambridge, & Elisabeth his 
Wife, late Widow of Samuel Healy of Boston dec*^ & Guardian to 
his Children; Praying for Liberty from this Court to sell a House 
& Land belonging to said Healys Estate in Boston, the Rent whereof 
by Reason of the decayed Condition of the House, will but a little 
more than pay the Charge of Repairs : 

Read and 

Voted that the pet" be Impowered to dispose of the House and 
land Mentioned in the Petition and Make «& Execute a Deed or 
Deeds thereof they giving Sufficient Caution to the Judge of Pro- 
bate for the County of Suffolk that the monies Arising therefrom 
be put out on Interest and both principal & Interest duly Applyed 
According to the Will of the Deceass d. \^Passed April 1. 

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



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. - 131 

CHAPTER 302. 

VOTE AUTHORIZING THE DIVISION AND DISTRIBUTION OF AN ESTATE. 

A Petition of Eichard Hunt for his Wife Elisabeth Hunt, & as Legislative 
Guardian to her Sister Mary Tothill a Minor, Heirs of George Shore counc'if.xi!^^ 
their Grandfather dec*^ shewing that the Real Estate of the said i9t. Mass."' 
George Shore lies partly in the County of Suffolk & partly in the %i.^ ves.xix., 
County of Worcester, and foras much as it will be very Inconvenient MasI 
to have two seperate Settlements thereof, Praying that the Judge ArcMves, xix., 
of Probate for the County of Suffolk may be impowered by this Journal, 
Court to settle the whole, pp. 214,217. 

Read & 

Voted that the Judge of Probate for the County of Suffolk be 
& hereby is Authorized & Impowered to Order a Division and Dis- 
tribution of the Whole of the Lands mentioned in the pet" as well 
those lying in the County of Worcester as those that lie in the 
County of Suffolk. \_Passed April 1. 



CHAPTER 303. 

ORDER GRANTING TO JAMES KITTERIDGE LICENCE TO KEEP AN INN. 

A Petition of James Kitteridge ' of Tewksbury, praying that Legislative 
this Court would impower the Court of General Sessions of the councif, xx!!'^ 
Peace for the County of Middlesex, to grant him a Licence to i9"- Mass. 

1 m • • 1 m Archives, 0X1., 

keep a Tavern m said Town : 299^ 

Read & House Jour- 

Ordered that the prayer of the Petition be So far granted that "*^' ^' "^' 
the Justices of the Court of General sessions of the peace for the 
County of Middlesex be & hereby are Impowered if they think fit 
to grant a Licence to the jDef to keep a publick House of Enter- 
tainment In the Town of Tweksbury he obtaining the approbation 
of the Select men of S*^ Town the Time for Granting of Licences 
being Elapsed Notwithstanding. {^Passed April 2. 



CHAPTER 304. 

ORDER FOR SUNDRY TRANSFERS FROM THE APPROPRIATION FOR 

GRANTS. 

Ordered that there be a Transfer made from the Appropriation Legislative 
of Grants of the Sum of Seven Hundred & eighty nine pounds 7/6 ^^^°cn, xx."^^ 
to the Appropriation of No Establishments 202. Mass. ' 

Also that there be a Transfer made from the Appropriation of 223? ^^^^' ^ ' "' 
Grants of the Sum of Six Hundred and Twenty eight pounds 6/8 House Jour- 
to the Appropriation for the pay of the Members of the General pr^'^^^^e^' 

Court Laws, ill., 696, 

■ And Also that there be a Transfer made from the Appropriation ^'^^p- ^°' 
of Grants of fifty pounds 7/11 to the Appropriation for Contin- 
gencies. {^Passed Ap)ril 2. 

' The House Journal, p. 221, reads, " Jun." 



132 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 305-307.] 



Legislative 
Records of the 
Council, XX., 
202. 

Mass. 
Archives, 
xxxii., 504. 
Legislative 
Records of the 
Council, XX., 
194. House 
Journal, 
pp. 216, 217, 222, 
224. Ante, 
p. 116, chap. 
269. 



CHAPTEE 305. 

VOTE ALLOWING £20 TO THE RELATIVES OF THE STOCKBRIDGE 

INDIAN KILLED. 

Voted that the Sum of Twenty Pounds be granted and as soon 
as may be transported to Brigadier Dwight & M' Timothy Wood- 
bridge at Stockbridge, and they desired to distribute the same to 
the near Eelatives of Waupaumcorse, the Indian that was killed 
there the last Year, and that the Endeavour to satisfy and quiet 
the Indians at Stockbridge respecting the Death of said Waupaum- 
corse and the Trial had thereon ; the said Sum to be inclusive of 
the Sum of Six Pounds, granted the last Session for that Purpose. 
\_Passed April 2. 

CHAPTEE 306. 



Legislative 
Records of the 
Counq^l, XX., 
202. Mass. 
Archives, 
xxxii., 503. 

Mass. 
Archives, 
xxxii., 502. 
House Jour- 
nal, pp. 217, 220. 
Province 
Laws, xiv., 718, 
chap. 221. 



ORDER IMPOWERING STEPHEN DAVID, INDIAN, TO SELL LAND. 

A Petition of Stephen David of Tetticut Indian, Praying for 
Liberty from this Court to sell a Tract of Land in said Place 
belonging to him, consisting of about Forty one Acres for Pay- 
ment of his Debts contracted by Sickness &q,^ 

[Eead &] 

Ordered that the Prayer of the Petition of Stephen David Indian 
man be so far granted as that the Petitioner with the advice & Con- 
sent of the Guardians of the Titicut Indians be and hereby is Au- 
thorized & impowered to make sale of the peice of Land in said 
Petition mentioned for the most the same will fetch and to make 
& Execute a good and Sufficient Deed or deeds of the same, to the 
purchaser or purchasers their heirs & assigns, and the said Guar- 
dians are also hereby Directed to see that Justice be done the peti- 
tioner in the sale thereof, and also Take Care that the money arising 
by Said Sale be Duely applyed for the payment of the Petitioner's 
Just Debts. \_Passed April 2. 



CHAPTEE 307. 



Legislative 
Records of the 
Council, XX., 
203. 

House Jour- 
nal, p. 223. 



ORDER GRANTING TO NATHi- RICHARDSON LICENCE TO SELL STRONG 

DRINK. 

A Petition of Nathaniel Eichardson of Boston, praying that the 
Court of General Sessions of the Peace for the County of Suffolk 
now sitting in Boston may be impowered by this Court to grant 
him a Licence to retail strong Drink in his House in the said Town, 
where he now dwells. 

Eead & 

Ordered that the Prayer of the Petition be so far granted that 
the Court of General Sessions of the Peace, for the County of Suf- 
folk at their present Session, be & hereby are impowered & enabled 
if they see fit, to grant the Petitioner Licence to be a Eetailer of 
Strong Liquors in the House where he now dwells, he first obtain- 
ing the Approbation of the Select Men of the Town of Boston for 
that Purpose, The Time for granting Licences being elapsed not- 
withstanding. \_Passed April 3, 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 133 

CHAPTEE 308. 

ORDER GRANTING A GUN TO MARY LAKEMAN, ADM^. 

A Petition of Mary Lakeman Administ^ of the Estate of her Legislative 
Son Sylvanus Lakeman jun' dec'^ Praying that she may be allowed coun^cif.xyil'^ 
for a Gun of his which was lost whilst he was a Soldier in the Ser- "j^rcM^es^^' 
vice of this Province. ixxiv., 92! 



Read & House Jour- 

Orderecl that the petitioner be allowed to take out of the Com- nai, pp. 213, 223. 
missary Generals Store a Gun or Guns Amounting to the Value of 
one j)ound twelve Shillings in full Consideration for the Loss of the 
Gun Mentioned in the petition. [^Passed A2Jril S. 



CHAPTEE 309. 

ORDER GRANTING TO DAN^- HEWS LICENCE TO KEEP AN INN. 



A Petition of Daniel Hews of Wrentham, setting forth the need Rifords'of the 
Travellers have of an Inn about the Place where he dwells, Praying council, xx., 
that the Court of General Sessions of the Peace for the County of Archives^.^cxi., 
Suffolk may be impowered to grant him a Licence, ^^ 

Eead & Mass. 

Ordered that the prayer of the petition be So far granted that 300. House' "' 
the Justices of the Court of General sessions of the peace for the Journal, p. 224. 
County of Suffolk at their Present Session be & hereby are Impow- 
ered (if they think fit) to Licence the Pet" to keep a House of Pub- 
lick Entertainment In Wrentham he Obtaining the Approbation of 
the Select men of S*^ Town for that purpose the time for Granting 
of Licences being Elapsed Notwithstanding. \^Passed April 3. 



OxlAxlEK dlO. Records of tlie 

Council, XX., 
203. Mass. 
RESOLVE FOR SEND« COMMISSks TO ALBANY. Archives, 

xxxii., 505. 



Resolved that Commissioners be Sent on the part of this Govern- Rlforlfs'^Jf the 
ment to the Proposed Interview with the Indians of the six Nations council, xx., 
at Albany in June Next. \_Passed Ajyril 3. joumat^pf 223. 



CHAPTEE 311. 

RESOLVE GRANTING £300 FOR A PRESENT TO THE SIX NATIONS AND Legislative 
TO DEFRAY EXPENSES OF COMMISSIONERS TO ALBANY. Coun^clf, xx*. 

203. Mass. 

Resolved that the sum of Three Hundred pounds be granted »& xxxiirsoe. 
paid out of the publick Treasury in Order to purchase a Suitable House Jour- 
present to be given the Indians of the Six Nations & to defray the nai, p. 223. 
Charges of the Genf^ that may be sent as Commissioners to the pro- 310. ' 
posed Interview at Albany In June Next. [^Passed Ajjril 3. 



134 



Province Laws {Besolves, etc.). — 1753-54. [Chaps. 312, 313.] 



Legislative 
Records of the 
Council, XX., 
203. Mass. 
Archives, cxi., 
303. 

Legislative 
Records of the 
Council, XX., 
•204. House 
Journal, p. 223. 



CHAPTEK 312. 

ORDER GRANTING TO JOHN STERNS AND DAVID DAY LICENCES TO 

KEEP INNS. 

A Petition of John Sterns & David Day both of Attleboro, Pray- 
ing that the Court of General Sessions of the Peace for the County 
of Bristol may be impowered to grant them Licences to keep Taverns 
in the said Town. 

Read & 

Ordered that the prayer of the petition be so far granted that the 
Court of General sessions of the peace for the County of Bristol at 
their Next Term be & hereby are Impowered if they think fit to 
Licence the petitioners each of them to keep a House of Publick 
Entertainment in the Town of Attleboro they Obtaining an ap- 
probation of the selectmen of S'^ Town for that purpose the time 
for granting Licences being Elapsed Notwithstanding. \_Passed 
Aprils.' 



CHAPTEK 313. 



RESOLVE IN REGARD TO THE POWERS OF THE COLLECTORS OF THE 

TOWN OF STOW. 



Legislative 
Records of the 
Council, XX., 
204. Mass. 
Archives, 
cxvi.,5T9. 

House Jour- 
nal, pp. 217, 225. 
Province 
Laws, i., 156, 
chap. 20. 



A Petition of the Town of Stow, shewing that the Inhabitants 
of the said Town in December last at a regular Town Meeting ap- 
pointed John Whitman & Abraham Whitney, Collectors of a Tax 
assessed on the Inhabitants for building a Meeting House, & Lists 
with Warrants thereon were committed to them ; but for as much 
as it is probable that Difficulties may arise from their not being 
chosen in the Month of March, Praying that this Court would con- 
firm the said Collectors in said Office. 

[Read &] 

Resolved that the prayer of this Petition be so far granted, as 
that y^ s*^ John Whitman and Abraham Whitney the Collectors 
therein mentioned and each of them, be and hereby are fully im- 
powered and authorised to compleat, and make a full Collection of 
the severall Sum and Sums in each of s'' Lists and Assessments, in 
this Petition mentioned. & Committed to them by the Assessors as 
therein sett forth agreable to their respective Warrants from y® s*^ 
Assessors and that they pay the Same to the Treasurer of the s'* 
ToAvn of Stow according to the Directions in the same Warrant; 
and in y® Collecting and gathering in the same, they observe the 
Directions of the Province Law, as other Collectors are obliged to 
do, for collecting any Assesm*^ committed to them to collect, and 
that they be and are hereby invested with as full power & authority 
to levy & collect the same Assessm*^ in each of s'^ Lists mentioned, 
as any other Collector or Collectors of any Town within this Prov- 
ince are invested withall, their not being chosen into s'' Office in 
y^ Month of March notwithstanding. \J^assed Ajiril 5. 

* This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 5. 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54:. 135 

CHAPTER 314. 

ORDER GRANTING TO PELET" MAN LICENCE TO KEEP AN INN. 

A Pet^ of Peletiah Man of Wrentham, Praying that the Court Refo^|f**^^tijg 
of General Sessions of the Peace for the County of Suffolk may council, xx., 
be impowered to grant him a Licence to keep a Tavern in the said Archives^cxi 
Town : ^93. 

Read & Archives cxi 

Ordered that the prayer of the Petition be so far granted that the 29-2. Leglsia-'' 
Court of General sessions of the peace for the County of Suffolk be thL^ccmnco^ ^* 
& hereby Are Authorized & Impowered if they See fit at their pres- xx., 204 
ent session to grant Licence to the Petitioner to keep a House of nai,pp.22o,22i. 
Publick Entertainment in AVrentham he first Obtaining the appro- 
bation of the selectmen of Said Town the Time for Granting of 
Licences being Elapsed Notwithstanding. {^Passed Ajjril 5. 



CHAPTER 315. 

ORDER IMPOWERING THE JUDGE OF PROBATE FOR MIDDLESEX 
COUNTY TO TAKE NEW SECURITY FOR FULFILLING THE WILL OF 
JOSEPH READ. 

A Petition of Hannah Symonds Administ^ of the Estate of her Legislative 
former Husband Nathaniel Read of Woburn dec'^ with others, shew- councu! xx!*^^ 
ing that the said Nathaniel being Executor & Residuary Legatee in ^•''- }^^^^- .' 
the Will of his Father Joseph Read dec'^, was bound to pay Debts and 102. ' ' "' 
Legacies with two Bonds Men, for whose Security he made a Deed Mass. 
of Sale for the Consideration of the Payment of Money to the said ^i'^^'housc^^"' 
Bonds Men, out of the said Lands, & now the said Bonds Men refuse Journal, p. 226. 
to deliver up their said Deed unless their Bonds be cancel'd; There- 
fore Praying that the Judge of Probate for the County of Middlesex 
may be impowered to take other Bonds at his Discretion, & cancel 
the Bonds above mentioned. 

Read & 

Ordered that the Prayer of the Petition be granted ; And that the 
Judge of Probate for the County of Middlesex be impowered to take 
new Security for fulfilling the last Will & Testament of the deceased 
therein named ; And (upon such Security given to his Acceptance) 
to deliver up or cancell the Bond formerly given by Nath' Reed 
deceas'd (the Executor in said Will named) for the faithful dis- 
charge of his said Trust. \_Passed April 5. 



CHAPTER 316. 

ORDER GRANTING TO THO^ BELL LICENCE TO KEEP AN INN. 

K Petition of Thomas Bell of Roxbury, praying that the Court ]^^f rd"^f th 
of General Sessions of the Peace for the County of Suffolk may be council, xx., 
impowered at their present Session to grant the Petitioner a Licence A^cw^ves^cxi. 
to keep an Inn in the said Town, soe. 



136 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 317, 318.] 



Mass. PpQrl Rr 

Archives cxl xlcdu tv 

805. House '' Ordered that the Prayer of the Petition be so far Granted that 
Journal, p. 224. ^j^^ q^^^^^ ^^ General Sessions of the Peace for the County of Suf- 
folk at their Present Session be Impowerecl (if they think fit) to 
. Grant a Licence to the petitioner to kee^j a House of Publick Enter- 
tainment in S** Town he Obtaining the Approbation of the Select 
men of S*^ Town for that purpose the time for granting of Licences 
being Elapsed Notwithstanding. \^Passed A2)ril 6. 



CHAPTER 317. 



liegislatlve 
Becords of the 
Council, XX., 
205. Mass. 
Archives, cv., 
475. 

Mass. 

Archives, cv., 
473. House 
Journal, 
pp.214, 225. 



ORDER CONFIRMING THE RATE LISTS OF THE ASSESSORS OF THE FIRST 
PARISH IN BOXFORD. 

A Petition of John Foster Agent for the first Parish in Box- 
ford, setting forth some Mistakes in the Assessors Eate Lists and 
Warrants for collecting their Parish Taxes in the Year 1752, by 
which Means Difficulties are like to arise in collecting the same ; 
Praying this Court to provide a Eemedy therefor. 

Eead & 

Ordered that the prayer of the petition be So far granted that 
the warrants and rate Lists made by the assessors of the first Parish 
in Boxford for the Year 1752 And Committed to Nath^' Burnham 
& Jacob Cummings Collectors of S*^ Parish for that Year which 
are Defective by reason they are Improperly dated & were not 
Compleated till the time was Elapsed in which they Should have 
been Be & hereby are deemed Valid & Good to Answer the Intents 
and purposes of them as tho there had been no Defect therein And 
that the S*^ Collectors be Injoiued to Collect the money Yet Due 
on S** Lists And pay the Same to the Treasurer of S** Parish on or 
before the last day of may Next the afores" Defects Notwithstand- 
ing. {^Passed April 5. 



Legislative 
Records of the 
Council, XX., 
206. Mass. 
Archives, 
xxxli., 491. 

House Jour- 
nal, pp. 216, 227. 
Province 
Laws, xlii., 45, 
chap. 74; xiv., 
718, chap. 221. 



CHAPTER 318. 

ORDER IMPOWERING STEPHEN DAVID, INDIAN, TO CONVEY LAND. 

A Petition of Stephen David of Tetticut Indian, shewing that 
in the Year 1741, by Leave from this Court he sold a Quantity of 
Land to Elkanah Leonard Esq' that by a Mistake in drawing the 
Deed there was more Land than was intended, and for as much as 
the Petitioner has received a full Satisfaction for the same ; Praying 
the said Sale may be confirmed : 

Eead & 

Ordered that the prayer of the petition be so far granted as that 
the Said Stephen (with the Consent of the Guardians of the Teticut 
Indians) be Impowered to make & Execute a Good & Sufficient Deed 
of Confirmation of the lands Contained in the bounds of the Land 
in the Deed Mentioned in the Petition to the S*^ Elkanah Leonard 
Esq' his heirs & assigns he paying for the Lands Mentioned in S** 
Deed & Not Intended to have been Conveyed In the Same propor- 
tion as was paid for the other land Mentioned in S*^ Deed. ^Passed 
April 5. 



[3d Sess.] Province Laws [Resolves, etc.). — 1753-54. 137 



CHAPTEK 319. 

ORDER IMPOWERING HANN" ROBBINS, INDIAN, TO SELL LAND. 

A Petition of Hannah Eobbins of Tetticut, Indian, shewing that Klford^olthe 
she has been put to great Expence by Means of the King's-evil & councn.xx., 
other Distempers which have followed her for many Years, and She ArcMv^es^cv., 

has contracted considerable Debts thereby, therefore Praying for ^ 

Liberty to sell the whole of her Lands in Middleboro, or so much Mass. 
thereof as will discharge her Debts, 435. House ' 

[Read &] ^!he. 

Ordered that the prayer of the Petition of Hannah Robens be Province 
So far granted as that the Said Hannah be & hereby is authorized chap.Vii. "'' ' 
& impouerd, (with the Consent of the Guardians of) ' the Titticut 
Indians to make sale of the peice of Land in Said Petition men- 
tioned for the most the Same will fetch and to make & Execute a 
good and Sufficient Deed or deeds of the Same to the purchaser or 
Purchasers their heirs & assigns, and that the Said Guardians Take 
Care that the money arising by said Sale be Duely applyed for the 
payment of the Just Debts of the petitioner, and if there be any 
overplus the said Guardians to Take Care that it be Secured on 
Interest and Distributed to her as her necessity Call's for it. [Passed 
April 5. 



CHAPTER 320. 

VOTE IMPOWERING THO^ GREEN, EXECUTOR, TO ENTER A CLAIM 
AGAINST AN ESTATE. 

A Petition of Thomas Greene sole Executor of the Testament Legislative 
of Caleb Lyman of Boston, shewing that by Reason of the Intricacy council, xx., 
of the Accounts between the said Lyman and Thomas Baxter dec'' Archives^^xix., 
he was prevented from giving in his Claim in behalf of the said i-3- 
Lymans Estate to the Commissioners appointed to examine the Mass. 
Claims of the Creditors to the said Baxters Estate 'till they had m?"House^^'' 
made their Report, praying that he may be now admitted to give Journal, p. 225. 
in his Claim, and upon proving the same he may be allowed his 
Proportion with the other Creditors of the said Thomas Baxters 
Estate by the Judge of Probate : 

Read and 

Voted That the Prayer of the Petition be so far granted as that 
the Petitioner in his said Capacity be and he hereby is impowered 
to exhibit his said Claim to the Judge of Probate &c for the County 
of Suffolk who is impowered to examine the same allow so much 
thereof as shall appear due and to direct the Surviving Execut^ of 
the said Tho^ Baxter in her Capacity to pay the same to the Peti- 
tioner in the next Dividend in such Proportion as the other Creditors 
already have or shall then receive. [Passed April 5."^ 

' Sic, as to parenthesis, though in the State Library copy. Legislative Records of the 
Council, XX., 203, the parenthesis follows the words, "Titticut Indians." 

- This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 10. 



138 



Province Laws {Eesolves, etc.). — 1753-54. [Chaps. 321-323.] 



CHAPTER 321. 



Legislative 
Kecords of the 
Council, XX., 
207. Mass. 
Archives, 
xxxii., 507. 

House Jour- 
nal, p. 228. 



ORDER DIRECTING THE COMMISSARY GENERAL TO MAKE PROVIS^ FOR 

AN IND^ BOY. 

Ordered that the Commissary General be directed to provide Suit- 
able Gloathing Billeting & Schooling for the Indian Boy who lately 
Came from the Eastern parts of the Province to the Town of Boston. 
\Passed April 6. 



CHAPTER 322. 



Legislative 
Records of the 
Council, XX., 
207. Mass. 
Archives, xix., 
94^ 

Mass. 

Archives, xix., 
93. House 
Journal, p. 229. 
Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING BENJ^ WOODBURY, GUARDIAN, TO SELL LANDS. 

A Petition of Benjamin Woodberry of Worcester, Guardian of 
John White a Person Non Compos, Shewing that his little Personal 
Estate is wholly expended, & therefore Praying that the Petitioner 
may be impowered to sell a Peice of Land, belonging to the said 
White lying in the Town of Bedford in the County of Hampshire, 
for his further Support. 

Eead & 

Ordered that the Prayer of the Petition be granted for the Pur- 
poses therein mentioned & that the Petitioner be & hereby is im- 
powered to make Sale of the Lands within mentioned for the most 
the same will fetch, & to execute a good Deed or Deeds in the Law 
to the Purchaser or Purchasers thereof, he observing the Rules pre- 
scribed in the Law as to the Sale of Intestate Estates & giving Bond 
to the Judge of Probate for the County of Worcester to be account- 
able for the Mony arising by such Sale. [Passed April 8. 



CHAPTER 323. 



Legislative 
Kecords of the 
Council, XX., 
135. Mass. 
Archives, 
xliii., 692. 

Legislative 
Records of the 
Council, XX., 
207. House 
Journal, 
pp. 139a, 215, 
230. 



ORDER IMPOWERING JN^ PEIRSON TO BRING FORWARD A WRIT OF 

REVIEW. 

A Petition of John Peirson, shewing that Judgment went against 
him at the Superiour Court for the County of Essex in June last upon 
a Writ of Review (of a former Judgment) brought against him by 
Johnson Lunt, that the Verdict of the Jury was wholly founded on 
an Evidence of the said Lunts Brother, which was not allowed to be 
good by the Court; Therefore praying he may be allowed another 
Trial of the said Cause. 

The Committee to whom was referred the Petition of John Pear- 
son have heard the Parties on both sides well considered the Papers 
on the Several Tryals are of Opinion that the Prayer of the Petition 
be granted and that the Petitioner be admitted to a rehearing 
All which is humbly Submitted 

^ Order James Minot 

Read and 

Ordered that this Report be Accepted and that the Petitioner be 
and he hereby is impowered to bring forward his Writt of Review of 
the Action within mentioned at the next Superiour Court of Judi- 



[3d Sess.] Province Laws (Hesolves, etc.). — 1753-54. 139 

cature to be holcleu at Ipswich within and for the County of Essex 
on the first Tuesday of June next and the Justices of the said Court 
are hereby authorized and impowered to hear and try the same Enter 
up Judgement and award Execution thereon accordingly. [Passed 
A2)ril 8. 



CHAPTEE 324. 

ORDER APPOINTING A COMMITTEE ON THE PET^ OF JN'^ HELLENBECK 
AND OTHERS COMPLAINING OF PERSECUTION. 

A Petition of John Hallenbeck & others, Inhabitants on tlie Legislative 
Western Borders of this Province, complaining of their Persecu- councif xi!*^^ 
tions from Eobert Livingstone Esq"^ & praying for Eelief from this 209. Mass. ' 

n j_ ° -a JT ./ o Archives, vL, 

Grovernment. les. 

In Council; Read and House Jour- 

Ordered ihoX Samuel Watts John Chandler Andrew Oliver and T^ii^''^^*!;. 

, , ,, . . Ante, p. 104, 

Thomas Hutchinson Esq" with such as the Hon'"'' House shall jom chap. 242. 
be a Committee to take this Petition under Consideration and to 
report what they judge Proper for this Court to do thereon as soon 
as may be 

In the House of Represent Read & Concurred & Col Worthing- 
ton Col Partridge jVP Lyman Col Otis Cap Williams & M"" Wells are 
Joined in the Aifair. \_Passed April 8.^ 



CHAPTER 325. 

VOTE SUBSTITUTING MR PHINNEAS HAYWOOD FOR JOHN CHANDLER, Legislative 

JUN. ESQ8, ON THE COMMITTEE FOR PAQUOIG AFFAIR. Eecordsofthe 

Council, XX., 

208. 

John Chandler Jun^ Esq"* having represented the Inconven- House Jour- 
ience of his attending as one of the Committee upon the Affairs of ^^''^i^fy^s). 
Paquoig ; p. 234. ' Prov'- 

Voted that he be excused from that Service, and that W Phineas Sv^/vis^ciiap- 
Haywood ; be appointed in his Room. [Passed April 9. 217. 



CHAPTEE 326. 

ORDER ALLOWING £26. 13. 4 TO THE TO\VN OF HOLLISTON. 

A Petition of the Select Men of Holliston, in behalf of said ^If^^^^^^ofthe 
Town setting forth the deplorable Condition they are reduced to council, xx., 
by Means of the late Mortal Sickness which carried off great Num- Archfves?" 
bers of Persons, more especially of y® Heads of Families, whereby ixxxvii., 321. 
the Survivors are greatly impoverished, praying for Relief, Ar^hiv s 

Read & ixxxvii.,320. 

Ordered that the prayer of the Petition be so far granted that na°i!pp .'230^234. 
the Sum of Twenty six pounds 13/4 be granted & paid out of the 
Province Treasury to the selectmen of Holliston (In Consideration 
of the Calamitous Circumstances Occasioned by the late Mortal 

1 This date is according to Mass. Archives and the House Journal ; according to Leg- 
islative Records of the Council the date is April 9. 



140 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 327-329.] 



Legislative 
Records of the 
Council, XX., 
20S. Mass. 
ArcMves, 
Ixxiv., 171. 

Mass. 
Archives, 
Ixxiv., 171. 
House Jour- 
nal, pp. 226, 231. 
Province 
Laws, xiv., 228, 
chap. 247. 



Sickness that prevailed there) & by them to be Apply'd for the use 
& releaf of Such poor Indigent persons as may most Need the Same. 
[Passed A2iril 9. 

CHAPTEE 327. 

VOTE ALLOWING £6 TO JA^ PEIRCE AND £3 ANNUALLY. 

A Petition of James Peirce, Praying some further Allowance 
from this Court on Account of his Disability, occasioned by long 
Sickness, while he was in the Service of this Province in the Expe- 
dition against Cape Breton : 

Eead & 

Voted that there be now advanced & paid out of the Publick 
Treasury to the pet' the Sum of Six pounds and that Annually 
hereafter he be Allowed & paid the Sum of Three pounds during 
the Court[s] Pleasure. ^Passed Aj^ril 9. 



CHAPTEE 328. 

VOTE IMPOWERING BENJa PEIRCE, ADMINISTRATOR AND GUARDIAN, 
TO SELL REAL ESTATE. 



Legislative 
Records of the 
Council, XX., 

208. 

Mass. 

Archives, xix., 
90. House 
Journal, 
pp. 217, 233, 
234a. Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Benjamin Peirce, Guardian to ISTathan^ Pengelly ' 
a Minor, who was left by both his Parents (who are now deceased) 
with little other Estate than a small Peice of Land in Newbury, 
with a Frame of a House upon it, which is dayly decaying; there- 
fore praying for Liberty from this Court to sell the same for the 
Minors Support. 

Eead & 

Voted that the Petitioner in his Capacity as Administrator be and 
hereby is impowered to make Sale of the Premises mentioned in the 
Petition, and to make & execute a good Deed or Deeds of Convey- 
ance of the same, He observing the Directions of the Law respect- 
ing the Sale of Intestate Estates ; He giving Bond to the Judge of 
Probate for the County of Essex for the duly improving the Pro- 
ceeds thereof for the Benefit of the Minor. \^Passed Ajjril 9. 



Legislative 
Records of the 
Council, XX., 
209. Mass. 
Archives, 
xxxii., 493. 

Executive 
Records of the 
Council, xii., 
278. House 
Journal, 
pp. 221, 230. 



CHAPTEE 329. 

ORDER FOR ISSUING A NEW TREASURY WARRANT TO JN^ ASHLEY, ESQ^. 

A Petition of John Ashley Esq' shewing that a Warrant to the 
Treasurer issued out of the Secretary's Office for paying him a Sum 
of Money allowed by this Court, is lost or mislaid, Praying that he 
may have a new Warrant. 

Read & 

Ordered that A New Warrant be Issued to the Petitioner for 
the Sum of Eight pounds four shillings & four pence in full Dis- 
charge of the Accompt on Which the Warrant Mentioned in the 
pet" Issued which Warrant is Mislaid & is hereby is " Made Void. 
[Passed Ajjril 9. 

' Mass. Archives, xix., 90, reads, "Nathaniel Pettingell." 
= Sic. 



[3d Sess.] Province Laws (Besolves, etc.). — 1753-54. 141 



CHAPTER 330. 

VOTE APPOINTING BRIGADE DWIGHT TO TAKE CARE OF PROV^^ STORES Legislative 

AT STOCKBRIDGE. Counctf xx*^® 

213. MasV. ' 



508. 



Whereas there are Sundry Articles Provided by this Province xxxii^k)! 
for the late Mohawk School at Stockbridge Legislative 

Voted that Brigadier Dwight be desired to Secure S'^ Articles for Records of the 
the Benefit of the province Until this Court Shall further Order. 2w!^'^House '' 
[Passed April 10. ^^:^'- 

cliap. 280. 

CHAPTER 331. 

ORDER ESTABLISHING THE BOUNDARY BETWEEN MENDON & UXBRIDGE. 

A Petition of Committees of tlie Towns of Mendon & Uxbridge Legislative 
respectively, shewing that the said Towns have come to an Agree- councif.xx!^^ 
ment between themselves for settling the Boundary Line which 213. Mass. 
divides the said Towns, according to the Instrument herewith ex- cxvi., 623'. 



hibitted; Praying that the same may be confirmed by the Act of Mass. 
this Court. i'vtS: 

Read and House Jour- 

Ordered that the Prayer of the foregoing Petition be granted 21%' 236*. ' ^' 
and that the Boundary Line between the Towns of Mendon and 
Uxbridge as discribed in the aforewritten Agreement be and the 
same is hereby Established to all Intents and Purposes whatever. 
[Passed April 10. 



CHAPTER 332. 

ORDER IMPOWERING JN'^ WOODBRIDGE TO BRING FORWARD A WRIT 

OF REVIEW. 

A Petition of John Woodbridge of York, shewing that his Writ ^IfJ^'^^'^^the 
of Review of a Cause depending between him and others & Benja- council, xx., 
min Stone was abated at the Superiour Court in the County of York Archi^ves?' 
for a small Error in point of form ; Therefore praying that this Court xiiit., 821. 
would allow another Trial. Legislative 

-r, 1 T Records of the 

Kead and Council, xx., 

Ordered that the Prayer of the Petition be so far granted that jotlrn^f,"^*' 
the Petitioner hereby is impowered to bring forward his Writt of pp. 139,231,237. 
Review at the next Superiour Court of Judicature to be holden at 
York for the County of York on the second Tuesday of June next 
and the Justices of the said Court are hereby impowered to hear and 
Try the same enter up Judgement And award Execution thereon 
accordingly. [Passed April 10. 



142 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 333-335.] 



CHAPTEE 333. 



Legislative 
Records of the 
Council, XX., 
214. Mass. 
Archives, xix., 

Mass. 

Archives, xix., 
S(i. House 
Journal, p. 235. 
Ante, p. 110, 
chap. 256. 



ORDER IMPOWERING SAM^- MORSE, GUARDIAN, TO SELL LAND. 

A Petition of Samuel Morse Guardian of Sarah Waban a Minor 
of Natick Indian praying for Liberty to sell the Lands that were 
her Mothers now dec^' lying in Natick to reimburse the Petitioner 
the Charge he has been at for the Support & Education of the said 
Minor from her early Infancy : 

Eead & 

Ordered that the prayer of the petition be So far Granted as that 
the pef in his S"^ Capacity as Guardian to the S'^ Sarah Wabon (with 
the advise of the Guardians of the Natick Indians) have Liberty to 
make Sale of So much of the Lands Mentioned in the petition As 
may be Necessary for the purposes within Mentioned & make & Exe- 
cute A proper Deed or Deeds to the purchaser or purchaser [s] of S^ 
Lands. [Passed April 10. 



Legislative 
Records of the 
Council, XX., 
214. Mass. 
Archives, 
xxxii., 475. 

Mass. 
Archives, 
xxxii., 474. 
House Jour- 
nal, p. 235. 
Ante, p. 110, 
Chap. 256. 



CHAPTEE 334. 

ORDER IMPOWERING ELIZABETH RUMNEYMARSH, INDIAN, TO SELL 

LAND. 

A Petition of Elisabeth Eumney-marsh of Natick Indian Woman, 
Praying for Liberty from this Court to make Sale of twelve Acres 
of her Land in said Place, for paying the Debts which she has con- 
tracted by Sickness &c^ 

Read & 

Ordered that the prayer of the Petition be So far Granted as that 
the petitioner have Liberty (with the Advice & Under the direction 
of the Guardians of the Natick Indians) to make Sale of Twelve 
Acres of her Land the S*^ Guardians to See to it that the proceeds 
of the Sale be apply'd for the purposes Mentioned in the petition. 
[Passed Aj^ril 10. 



CHAPTEE 335. 



Legislative 
Records of the 
Council, XX., 
214. Mass. 
Archives, xix., 
120. 

House Jour- 
nal, p. 237. 
Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING MERCY FULLER, ADM^, TO SELL AN ESTATE. 

A Petition of Mercy Fuller Administ^ of the Estate of Josiah 
Fuller late of Concord in the County of Middlesex, setting forth 
that the said Estate is Insolvent, & if the Eeal Estate be not soon 
sold it will be to the Loss of the Creditors, praying that She may 
be impowered by this Court to sell the same: 

Read and 

Ordered Th^t the Prayer of the Petition be granted and the Pet' 
is hereby impowered, in her Capacity within mentioned to make 
Sale of the whole of the Estate within mentioned and to execute 
in due form of Law a Deed for the Conveyance thereof to such 
Person as shall give most for the same Provided the Petitioner 
observe the Direction of the LaAV respecting Executors and Admin- 



[3d Sess.] Province Laws {Resolves, etc.), — 1753-54. 143 

istrators Sale of Lands and give sufficient Caution to the Judge of 
Probate for the County of Middlesex to accompt for the Produce 
of the Premisses and to dispose thereof pursuant to Law. \_Passed 
Ajjril 10. 



CHAPTER 336. 

ORDER IMPOWERING JN«* EPHRAIM, INDIAN, TO SELL LAND. 

A Petition of John Ephraim of Natick Indian, Praying for Legislative • 
Liberty to sell twenty Acres of his Land there, to discharge his comicif xx*"^^ 
Debts contracted by his building a dwelling House & Barn, pur- 215. Mass. '' 
chasing Stock &c- t^^^.%. 

Eead & Mass. 

Ordered that the prayer of the petition be so far Granted as that ^xxii^ry 
the Pef have Liberty to make Sale of Twenty Acres of his Outlands House Jour- 
with the Advice & Under the Directions of the Guardians of the X^'efpalb. 
Natick Indians & the proceeds thereof to be Applyed for the pur- chap. 256. 
poses Mentioned in the petition. \_Passed AjjrU 10. 



CHAPTER 337. 

ORDER ALLOWING £20 TO JOSEPH PAYNE. 



A Petition of Ebenezer Payne, setting forth the Suffering of Legislative 
Joseph Payne in the Cause of this Government by the Prosecution councif, xx*^.,^ 
against him in the Government of New York, and praying for Archi^es^%i 
Eelief from this Court for him. Iqt. 

Read together with the papers Accompanying the Same & Legislative 

Ordered that the Sum of Twenty pounds be granted & paid out councif, xx*.^^ 
of the publick Treasury Unto John Ashley Esq' of Sheffield «& ^t™]^'® 
by him to be Employed for the Support of Joseph Paine Now in pp. 215, 235. 
Albany Goal S'^ Ashley to be Accountable to this Court. [Passed cS.244^^' 
April 10. 



CHAPTER 338. 

ORDER ACCEPTING THE REPORT OF A COMMITTEE ON SUNDRY PETI- 
TIONS OF THE TOWN OF BROOKFIELD AND APPOINTING A NEW COM- 
MITTEE THEREON. 

A Petition of Josiah Converse and a considerable Number of Legislative 
others. Inhabitants of the first Precinct in Brookfield, shewing councif.xx.,^ 
that since the setting of the New Precinct the Inhabitants of the 139, 140 b^s, 215. 
said Precinct have Voted to remove the Meeting House two Miles ?p,"^® '^°}}^: 

, . ,, . -TT ^ • ^ •-^^ -\ • ^ Hal, pp. 146 f fr, 

distant from their present Meeting House, which will exceedingly 234, 237. Prov- 
incommode the Petitioners, therefore Praying that they and their gwf^te^Viv.',' 
Estates and Families may be set off to the said New Precinct. 364, chap. 254. 

A Petition of William Ayres in behalf of the second Parish in 
Brookfield, shewing that about three Months before they were set 
off they were assessed by the said Town their Proportion of a large 



144 



Province Laws {Resolves, etc.). — 1753-54. [Chap. 339.] 



Sum of Money for the Settlement of a new Minister, and the Re- 
pairs of the Meeting House in the first Parish, Praying that they 
may be j-eleased from that Tax, or that a Numlaer of their Neigh- 
bours (who are desirous of it) may be set off from the said first 
Parish, and be added to them, 

A Petition of Jedediah Foster and others, of the first Parish in 
Brookfield, Praying that the said Parish may be divided into two 
Parts or Parishes, as near an equality as may be : 

The Committee to whom was referred the Petitions of the first 
& second Precincts in Brookfield, & the Petition of Josiah Con- 
yerse »& others, having heard the Parties & Considered thereon are 
of Opinion that it is necessary a Committee should go to Brookfield 
& view the Situation & Circumstances of the Petitioners, & make 
Report to this Court at their next Session, what said Court ought 
to do thereon, and that all Proceedings relating to building a new 
Meeting House in said first Precinct be stayed in the mean time; 
all which is humbly submitted, 

Per John Cushing per Order. 

In Council; Read & Accepted, & 

Ordered that Samuel Watts Esq'' with such as the hon'''^ House 
shall join, be a Committee to repair to the Town of Brookfield, »& 
view the Situation & Circumstances of the Petitioners, and report 
at their next Session, what they judge proper for this Court to 
do thereon: the Charge thereof to be born as this Court shall 
order: In the House of Representatives; Read & Concur'd, & 

Capt. Livermore & M'' Phineas Haywood are joined in the Affair. 
\^Passed A^jril 10. 



CHAPTEK 339. 



LegiBlatlve 
Records of the 
Council, XX., 
216. Mass. 
Archives, 
Ixxiv., 177. 

Legislative 
Records of the 
Council, XX., 
212. House 
Journal, 
pp. 235, 236. 
Province 
Laws, iii.,746, 
note. Ante, 
p. 133, chap. 
311. 



VOTE GRANTING £5,300 FOR ENLISTING SOLDIERS, &ic\ 

In the House of Representatives 

Whereas the fort at Richmond is in a very ruinous condition and 
past repair, and a more suitable place may be found further up Ken- 
nebeck River whereon to erect a new One, and inasmuch as it is the 
earnest desire of the Two houses, that his Excell^ the Governour 
would take the trouble of a voyage to the Eastern parts of this 
Province to give direction concerning this fort as well as other im- 
portant matters, and the two houses have also concluded to desire 
his ExceRy to give orders for enlisting five hundred men including 
Officers to attend his coinands Eastward, as also that Commissioners, 
with a Present to the six nations from this Province, shall attend 
the General Convention at Albany in June next. Therefore, For 
carrying on & Accomplishing these purposes & no other, the house 
now grant the sum of five thousand three hundred pounds, & for 
supplying the Treasury, direct the Province Treasurer to borrow 
the said sum of five thousand three hundred pounds on lawfull 
Interest for a term not exceeding One year, as soon as may be, and 
that as a Collateral security the Excise for 1753 be mortgaged; and 
it is also 

Voted that his Excell^ be desir'd to Issue a Proclamation as soon 
as he shall think proper, for enlisting the men as above proposed, 
for a Time not exceeding three Months upon the Bounty of Forty 
Shillings at Inlistment & the Wages of Twenty six shillings & Eight 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 145 

pence ^ Month which this House now Vote shall be given the private 
Centinels ' & that the Wages of the Officers shall be in Proportion. 
In Council Eead & Concur'd. \_Passed April 11. 



CHAPTEK 340. 

ORDER ALLOWING £10 TO JON^ GAGE. 

A Petition of Jonathan Gage of Newbury, shewing that being Legislative 
in the Service of this Province as a Voluntier in the Year 1746. councif xx!^° 
he was taken by the Enemy, laid in Irons & kept in Prison, seven 216. Mass. 
Months, and endured many other Hardships, Praying for some ixxIv-Iits. 
Allowance from this Court: House Jour. 

Read & nal,pp.226.iJ37. 

Ordered that the prayer of the Petition be so far granted as that 
the petitioner be Allowed & paid out of the Publick Treasury the 
Sum of Ten pounds In full for his sufferings and services Mentioned 
in the Petition. \^Passed A2)ril 11. 



CHAPTER 341. 

ORDiifl OF NOTICE ON THE PETITION OF JOB AHAUTON, INDIAN, IN 
REGARD TO A DEED. 

A Petition of Job Ahauton of Middleboro Indian, Complain- LegisJative 
ing of Stephen David of Tetticut Indian, & others, for giving him councff, xx!^® 
strong Liquor so as to intoxicate him, and then drawing him in 217. Mass. 
to execute a Deed for Conveying away his Lands in Teticut for a xxxii!^Ts9. 
trifling Consideration, with other Abuses; and Praying that this House Jour- 
Court would give Order for his Relief under these Difficulties. nai,pp.2r2,236. 

Read & 

Ordered that the Petitioner serve the Adverse party Stephen David 
with a Copy of this Petition that he Shew Cause (if Any he have) 
on the second Friday of the Next May session why the prayer thereof 
Should not be Granted. \^Passed April 11. 



CHAPTER 342. 

ORDER OF NOTICE, WITH STAY OF EXECUTION, ON THE PETITION OF 
JOSEPH OWEN FOR A RE-HEARING OF AN ACTION. 

A Petition of Joseph Owen of Braintree, praying that he may Legislative 
be admitted to a new Trial of an Action of Tresspass brought against councif, xxl'f ® 
him by John Borland of Boston ; Wherein Judgment went against '^^^■^■^f^^^^- ' 
the Petitioner at the Superiour Court held at Boston by Reason of xiiii., 849.' 
the Petitioners Sickness, and his Inability to appear & defend the Mass. 
said Action, and that Execution may be staid. xim^IIs! 

Read & House Jout- 

Ordered that the pet"" serve the Adverse party John Borland with ° > p- ' • 
a Copy of this Petition that he shew Cause (if any he have) on the 
second Thursday of the Next May session why the prayer thereof 

' MS. bound in. 



146 



Province Laws {Resolves, etc.) . — 1753-54. [Chaps. 343-345.] 



should not be Granted And that Execution be Stay*^ in the mean- 
time provided the pef give Bond to the sheriff of the County of 
Suffolk with sufficient sureties to pay such sum as the Said Bor- 
land may finally recover Against him with Interest from this time. 
[^Passed April 11 ^ 



CHAPTER 343. 



Legislative 
Records of the 
Council, XX., 
218. Mass. 
Archives, 
xxxii., 509. 

Legislative 
Records of the 
Council, XX., 
204,217. House 
Journal, 
pp. 239, 240, 241. 
Ante, p. 133, 
chap. 310. 



VOTE APPOINTING COMMISS^^ FOR THE CONVENTION AT ALBANY. 

The two Houses having Agreed, this Day to chuse Five Commis- 
sioners, (two to be Members of the Council, & three to be Members 
of the House of Eepresenf®^) to meet in behalf of this Government 
at the General Interview appointed to be had with the Six Nations 
at Albany; & the same Commissioners to treat with Commisson" 
from the Governm*^ of New .York referring to the Boundaries between 
the two Provinces 

The following Gentlemen were chosen by the Major Vote of the 
Council & House of Eepresenf*' to be Commissioners for those 
Affairs; Viz, 

Samuel Welles 

John Chandler 

Thomas Hutchinson [> Esq""^ 

Oliver Patridge 

John Worthington 
[Passed April 12. 



CHAPTER 344 



Legislative 
Records of the 
Council, XX., 
209. Mass. 
Archives, 
xlvl., 346. 

House Jour- 
nal, pp. 49, 144, 
185, 235. 



ORDER APPOINTING A COMMITTEE TO SELL AN ISLAND TO GIDEON 

LYMAN. 

A Petition of Gideon Lyman, Praying for Liberty to purchase 
a small Island containing Six or seven Acres in Connecticut Eiver 
belonging to the Province ; lying between Fort Meadow in Hadley 
& Old Eainbow in Northampton. 

Eead & 

Ordered that the prayer of the petition be so far Granted as that 
John Worthington & Oliver Partridge Esq^ be a Com*^® to make sale 
of the Island Mentioned in the petition for the most it will fetch 
(they to be Accountable to this Court for their proceedings therein) 
As soon as may be. \Passed April 12."^ 



CHAPTER 345. 



VOTE ACCEPTING THE REPORT OF THE COMMITTEE FOR BURN*' BILLS 
GOVERNM't SECURITIES AND LOTTERY TICKETS AND DISCHARGING 
THE LATE TREASURER ACCORDINGLY. 

Rlford8*Sthe Whereas a Com*"' Appointed the 15 of June last to take an 
Council, XX., account of the Torn & Defaced Bills of Credit & Government 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is April 12. 

' This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is April 9. 



[3d Sess.] Province Laws (Besolves, etc.). — 1753-54. 147 

securities theii in the Hands of the Treasurer & Consume them to 219. Mass. 
Ashes Reported on the 12 day of Sepf^^ Last as follows viz That ^pi^i^es, ciii.. 
on the IG day of July last they received of the then Treasurer W" House Jour — 
Foye Esq'' The Sum of Two Thousand Twenty one pounds ten shil- nai, pp. 86, i-26. 
lings & one penny half penny Bills of the Old Tenor Three Hun- ^hap.&fpUi, 
dred & nine pounds Two shillings and seven pence three farthings ^hap.ss. 
Middle Tenor Bills and Six Thousand Two Hundred eighty seven 
pounds thirteen shillings & one half penny last Emission Bills & 
have Seen them burnt & Consumed to ashes 

And on the third day of September Currant they received of S*^ 
William Foye Esq" late Treasurer Eighteen pounds seven shillings 
tS; four jDence Old Tenor Bills and Consume [d] ' them to Ashes 

And on the 4^*^ day of S^ Sept"^ they Eec'^ of the S'^ W" Foye 
Esq'' Late Treasurer sundry Lotery Tickets the princij^al & Inter- 
est amounting to Three Thousand & four Hundred & ninety nine 
pounds sixteen shillings and also One Hundred & fifteen Pounds 
In Goverments securities payable on the 10*'' of June 1753 with 
Interest thereon Amounting to Sixteen pounds four shillings & 
nine pence The whole Amounts to the Sum of One Hundred & 
thirty one pounds four shillings & Nine pence Also Three Hun- 
dred & Eighty pounds in a Note which he gave for money bor- 
rowed of his Honour the Lieu* Governour for the Deficiency of the 
Lottery with Interest [which] ' Amounts to Twenty Six pounds eight 
shillings & four pence which makes four Hundred & six pounds eight 
shillings & four pence Also One Thousand three Hundred & Thirty 
five pounds six shillings & four pence In Government securities 
payable the 31'* of Dec'" 1751 with the Interest Thereon One Hun- 
dred & forty eight pounds thirteen shillings & Eight pence the 
whole Amounting to One thousand four Hundred & Eighty four 
pounds Also three Hundred & forty five pounds ten shillings & 
nine pence in Notes signed by Andrew Oliver & Tho' Hubbard '' 
Esq' & M' Harrison Gray A Com*«® of the General Court with 
Interest thereon Fifteen pounds Ten shillings & one penny mak- 
ing Three Hundred sixty One pounds & Ten pence The Whole of 
the securities Above mentioned with the Interest thereon Amount 
to Two Thousand Three Hundred & Eighty Two pounds thirteen 
shillings & Eleven pence All which we have received and Consumed 
to Ashes 

Signed John Osborne |p Order 

Which Eeport on the S^ 12 of Sept' was Read in the "House of 
Representatives & accepted & 

Voted that the late Treasurer William Foye Esq' be discharged 
of the Above sums Accordingly 

It Appearing to the House that the foregoing Report with the Vote 
of the House thereon was not the Last sessions sent to the Honour- 
able board for their Concurrence but Casually Omitted Therefore 

Ordered that the speaker now send Up the Same. 

In Council Read & Concur'd. [Passed April 12.^ 

* Inserted from Legislative Records of the Council, xx., 220. 
^ Legislative Records of the Council, xx., 220, reads. "Thomas Hutchinson." 
^ This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is April 13. 



148 



Pkovince Laws {Resolves, etc). — 1753-54. [Chaps. 346-348.] 



CHAPTEE 346. 



ORDER CONJIRMING A BOUNDARY LINE BETWEEN ROCHESTER AND 

DARTMOUTH. 



Legislative 
Records of the 
Council, XX., 
109. Mass. 
Archives, 
cxvi., 523. 

Legislative 
Records of the 
Council, XX., 
210,219. House 
Journal, 
pp. 110, 223, 
234a, 239, 210. 



A Petition" of Elisha Freeman, Agent for the Town of Roches- 
ter, setting forth the Inconveniences arising from the Controversies 
about the Boundary Line, between the said Town, and the Town 
of Dartmouth, Praying that the same may be fixed in Manner, par- 
ticularly described in the Petition. 

Read and Accepted and 

Ordered that the Line run between Rochester & Dartmouth in 
1701 be and hereby is Confirmed & that the Island Nakatan be 
accounted as part of Dartmouth. \_Passed Ajoril 12.' 



CHAPTER 347. 



Legislative 
Records of the 
Council, XX., 
215. Mass. 
Archives, 
xxxii., 443. 

House Jour- 
nal, pp. 237, 238, 
243. Ante, 
p. 110, chap. 
256. 



ORDER IMPOWERING HOPESTILL BENT, ADM», TO SELL AN ESTATE. 

A Petition of Hopestill Bent Administrator of the Estate of 
Nathan' Coochuck late of Natick, Indian Planter, dec*^ shewing 
that his whole Estate Real & Personal is not more than sufficient 
to pay his Debts; Praying that the Petitioner may be impowered 
by this Court to sell the said Real Estate. 

Read and 
' Ordered that the Prayer of the Petition be granted and that the 
Petitioner in his Capacity abovementioned (with the Advice and 
Consent of the Guardians of the Natick Indians) be and he hereby 
is impowered to make Sale of the Real Estate mentioned in the 
Petition to such Person as shall give most for the same and to give 
a good and sufficient Deed in Law for the same he giving Bond to 
the Judge of Probate for the County of Middlesex to dispose of the 
neat Proceeds (after the just Debts are paid) for the greatest Benefit 
of the Heirs of the said Nath^' Coochuck. [Passed A2Jril 13."^ 



CHAPTEE 348. 



ORDER IMPOWERING SARAH STANNIFORD, EXE^, TO BRING FORWARD 
A WRIT OF REVIEW. 



Legislative 
Records of the 
Council, XX., 
218. Mass. 
Archives, xix., 
125. 

Mass. 

Archives, xix., 
124. House 
Journal, p. 242. 
Ante,-p. 81, 
chap. 185. 



A Petition of Sarah Stanniford of Boston Widdow, Executrix 
of the Testament of John Stanniford dec*^ shewing that Whereas 
this Court pleased to give her Liberty to bring her Writ of Review 
(to the Inferiour Court of Common Pleas last held in the County 
of Essex,) of an Action jDrosecuted by John Calef of Ipswich, she 
lost the Benefit of the Order by her Attorney not producing a Copy 
of her Petition as well as the Order thereupon. Praying that the said 
Order may be revived & She have the Benefit designed thereby. 

' This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council the date is April 13. 

- This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 10. 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 149 

Read and 

Ordered that the Prayer of the Petition be so far granted as that 
the Pef Sarah Stanniford in her Capacity of Executrix to the Estate 
of John Stanniford Dec'^ be and hereby is enabled to bring her Writt 
of Review on the Judgement within mentioned at the next Inferiour 
Court of Common Pleas to be holden for and within the County of 
Essex she to Attend the Directions provided by Law in Case of bring- 
ing forward a Writt of Review: and the Justices of the said Court 
are hereby impowered to order an issuable Plea upon the Original 
Writt and to hear and Determine upon the Action of Review in like 
manner to all Intents and Purposes whatsoever as if the Nonsuit 
referr'd to in the Petition had not been made. [^Passed April 13. 



CHAPTER 349. 

ORDER COMMITTING PET^ OF EBENEZER GILBERT & OTHERS, OF 
BROOKFIELD, TO BE ANNEXED TO WARE RIVER PARISH. 

A Petition of Ebenezer Gilbert, Henry Gilbert, Oliver Gilbert, Legislative 

BiPOorofl Ox iiifi 

and Samuel Dunsmore all of Brookfield, setting forth their Diffi- council, xx., 
culties respecting their remote Situation from the Place of publick Archives* xiii. 
Worship in the said Town, and praying to be set off & annexed to eei- 
Ware River Parish : • Mass. 

-T) TO Archives, xiii., 

KeaCl OC 562-564. Legis- 

Ordered that this Petition be Committed Unto the Committee |ff"tl^eCoun'"cii 
of both Houses Upon the Affair of Brookfield Appointed this Ses- xx., 213. 
sion to take a View &c to Consider & report thereon. \_Passed naT^f 242?'^' 
April 13.' 



CHAPTER 350. 

ORDER WITH STAY OF EXECUTION ON THE PETITION OF JOSHUA 
BRAND, INDIAN, APPEALING FROM A JUDGEMENT. 

A Petition of Joshua Brand of Natick, Indian, shewing that ^^'^'^'f^^^l.v 
at the Inferiour Court of Common Pleas for the County of Plym- co-uncii, xx., 
outh in an Action, commenced against him by Isaac Little Esq^ ^"*' '^^^' 
Judgment was given against him by Default by Reason of his being ^aTpp''i*?29'^is7 
hindered of attending the Court in Season, Praying to be allowed i88,'243! 'Ante', 
an Appeal, & that Execution may be staid. 256. '^ *^' 

Read together with the Answer of Isaac Little Esq' & 
Ordered that the Prayer of the Petition be granted ; and the Peti- 
tioner is allowed to appeal from the Judgment within mentioned to 
the Superiour Court of Judicature, to be holden at Plymouth within 
& for the County of Plymouth on the third Tuesday of July next, 
and the said Court are impowered to hear & try the same, enter up 
Judgment & award Execution thereon : Provided sufficient Caution 
be given to the Respondent to pay what Sum shall be recovered of 
the Petitioner upon the said Trial, with lawful Interest for the same 
from this Day untill final Judgment shall be made up, and Execu- 

1 The date of final concurrence in the Council is given in Mass. Archives as April 11 ; 
evidently a mistake, as the same order states that its reading in the House occurred on 
April 13. The House Journal and Legislative Records of the Council both give the date 
as April 13. 



150 



Province Laws {Besolves, etc.). — 1753-54. [Chaps. 351, 352.] 



tion within mentioned is stayed in the mean time ; and that the 
Guardians of the Natick Indians be advising & assisting to the Peti- 
tioner in his Proceeding. [Passed April 13. 



CHAPTER 351. 



Legislative 
Records of the 
Council, XX., 
221. Mass. 
Archives, 
xlvii., 3S9. 

House Jour- 
nal, p. 245. 
Province 
Laws, iii., 122, 
chap. 18; 307, 
chap. 13; 436, 
chap. 15; 714, 
chap. 23. 



ORDER DIRECTING TOWN OFFICERS TO TAKE THE OATH IN REGARD 
TO RECEIVING AND PASSING THE BILLS OF CREDIT OF THE NEIGH- 
BOURING GOVERNM^s. 

Whereas Sundry Disputes have arisen whether the Town Officers 
Chosen in the Month of March Last and [who] did not Take the Oath 
relating to the receiving or passing of the Bills of the other Gov- 
ernments untill this present month of april should Take the Oath, 
prescribed by the former Law, relating to the receiving or passing 
Said Bills or the oath prescribed by the Last Law. relating thereto 
and many inconveniences being likely to arise therefrom Therefore 

Ordered that the Several persons Chosen to any Town office in 
any of the Towns within this Province in the month of March Last 
and [who] shall take the oath prescribed by the Last Law. relating to 
the receiving or passing the Said other Governments Bills, Shall be 
had ' & Deemed Qualified to Serve in said offices as tlio they had taken 
the oath prescribed by the Said former Law. and likewise those per- 
sons who were Chosen to any Town office in the month of March 
Last and have in this Present month of april Taken the oath pre- 
scribed by the said Last Law, shall be Deemed & held Qualified to 
Serve in the Said Town Offices as tho they had Taken the oath pre- 
scribed by the Said former Law. [Passed April 15. 



CHAPTER 352. 



Legislative 
Records of the 
Council, XX., 
213, 221. 

Mass. 

Archives, xix., 
91. House 
Journal, 
pp. 219, 222, 226, 
280 his, 234, 233, 
239. Ante, 
p. 17, chap. 21. 



ORDER ALLOWING £124 TO SARAH HAZZEN, ADM^. 

A Petition of Sasah Hazzen Relict Widow of Richard Hazzen 
Esq"" dec'^ representing that this Court at their Session in May last, 
granted to her said Husband, in Consideration of Services by him 
performed, the Loan of £468 for five Years free of Interest, which 
he could not receive in his Life-time for want of Money in the Treas- 
ury, praying for a Sum equivalent to the said Interest to be paid her 
out of the Treasury for the Benefit of his Estate. 

Read k 

Ordered that the Prayer of the Pef^ be granted, and that the Sum 
of One hundred & twenty four Pounds be granted to the Petitioner 
as she is Administratrix on the Estate of her late Husband Richard 
Hazzen Esq"" Dec'^ she to be accountable to the Judge of Probate for 
the County of Essex for the same, which is in lieu of the Loan of 
Four hundred and Sixty eight Pounds granted, in June 1753, to her 
said Husband for the Term of Five Years free of Interest. [Passed 
April 16. 

* Legislative Records of the Council, p. 221, reads, "held." 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-r54. 151 



CHAPTER 353. 

ORDER ON REP^ OF COMMITTEE FOR SELL« PROVINCE LAND NEAR 

SUNDERLAND. 

The Committee appointed to make Sale of a Tract of Laud ^If ^^(f^^^f ^u 
containing 5,850 Acres, lying in the County of Hampshire, hav- council, xx., 

ing notified the same according to Order, put it up at publick '^— 

Auction at Two hundred & fifty Pounds Lawful Money, further Archives 
requiring the settling of Ten Families upon it within the Space cxvi., iw*. 
of Three Years; and the same was struck off to jVP Joseph Lee who nai, p. 247. 
was the highest Bidder at Three hundred Pounds; who thereupon La^g'^xfv. 550 
paid Thirty Dollars required as Earnest, and is ready to give Bond chap.'so. 
for the Payment of the Remainder so soon as the Deed can be Com- chap'.m * 
pleated ; but inasmuch as M'' Fields Plan which was delivered to the 
Committee for their Direction, & by them exhibited to the Bidders 
at the Sale contains 6,930 Acres, of which 1,080 had formerly been 
granted by this Court, but not marked off in this Plan, M"" Lee is 
desirous of having the same particularly delineated on the Plan, that 
so his Purchase may be ascertained, & he may know where to make 
the Settlements required ; upon which the Committee pray the Direc- 
tions of this Court: 

Andreav Oliver per Order. 

Read & 

Ordered that the Committee give Orders for the taking off from 
the Plan the 1,080 Acres of Land contained herein, which has here- 
tofore been granted by this Court, and that they execute a Deed of 
the remaining Five Thousand, eight hundred & eighty Acres,' tak- 
ing sufficient Security for the Remainder of the Purchase Money. 
\_Passed April 16. 



CHAPTER 35i. 

ORDER ALLOWING £8, 0. 2 TO BENJ-^ TUCKER, CORONER. 

A Petition of Benjamin Tucker a Coroner of the County of ^gf^rdfof the 
Plymouth, Praying that his Charge of an Inquest on the Body of council, xx., 
one Betty David of Tetticut an Indian Woman supposed to have ArchWesT" 
been murthered may be paid to him by the County, or otherwise ^li"-. "9^- 
as this Court shall order, Mass. 

-r, T ' Archives, 

Read & xiiii., 797. 

Ordered that the prayer of the petition be So far granted as that j^.u^^pp.'^usfiei, 
the Guardians of the Titticut Indians pay to the S*^ Benj^ Tucker 234^V246j^^i«<e; 
out of the Money Arising by the Sale of Stephen Davids Land which lie; p.*i32f" 
was Ordered to be Sold by this Court at their present session the Sum ^^^^' ^^• 
of Eight pounds & Twopence in full Discharge of his S^ Tuckers 
Account for taking the Inquisition &c Mentioned in the Petition. 
\_Passed Ajjril 16. 

1 The House Journal, p. 247, reads, "5,8.50 Acres." No plan of the land or any docu- 
ments relating thereto has been found. 



152 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 355, 356.] 



CHAPTEE 355. 



Legislative 
Records of the 
Council, XX., 
187. Mass. 
Archives, cv., 
471. 

Mass. 

Archives, cv., 
469. Legisla- 
tive Records of 
the Council, 
XX., 224. 
House Jour- 
nal, pp. 209, 210, 
241, 248, 249. 



ORDER ANNEXING DIVERS FAMILIES AND THEIR ESTATES TO THE 
TOWN OF MILTON. 

A Petition of Nathaniel Houghton, Benjamin Crane & Ebenezer 
Fuller all of Milton, & Ebenezer Houghton of Braintree, setting 
forth the Inconveniences they are under by Eeason of a consider- 
able part of their Lands lying in the Town of Braintree, and the 
Difficulties the said Ebenezer Houghton is under by Reason of his 
remoteness from the Place of publick Worship in Braintree; Pray- 
ing that the Estates of all the Petitioners and the Person & Family 
of the said Ebenezer may be set off to Milton. 

The Comitte to whom was refered the Petition of Nathanael 
Haughton Benjamin Crane & others having fully heard the Peti- 
tioners, and one of the Respondants viz M' John Adams (' one of 
the Selectmen of Braintree on the affair & Considered the Same 
are of oppinion that the respective prayers of the Several Peti- 
tioners are reasonable and ought to be Granted Accordingly 

SiLVANUs Bourn p'^ order 

Read and Accepted ' and 

Ordered that the Prayer of the Petition be granted and that the 
whole Estate of the Petitioners mentioned in the Petition together 
with the Family of the said Ebenezer Houghton be and herel)y are 
to all Intents and Purposes annexed to and accounted as part of the 
Town of Milton. {Passed April 17. 



CHAPTEE 356. 



Legislative 
Records of the 
Council, XX., 
2-23. Mass. 
Archives, cv., 
477. 

Mass. 

Archives, cv., 
476. House 
Journal, 
pp. 249, 250. 



ORDER CALLING A TOWN MEETING OF BERWICK NORTH PRECINCT. 

A Petition of the Inhabitants of the North Precinct in Berwick, 
shewing that by Mistake their Meeting for the Election of Precinct 
Officers &c* was not called 'till the Month of April New Stile, by 
which they have lost the Benefit of that Meeting, Praying that this 
Court would now impower them to meet for those Purposes, & con- 
firm their lawful Proceedings thereon. 

Read and 

Ordered that the Prayer of the Pet° be granted And John Hill 
Esq' is hereby directed and impowered to Issue his War* to some 
Inhabitant of said Parish requiring him to warn and give Notice 
to the Inhabitants of said Parish qualifyed by Law to vote in Parish 
Affairs to assemble themselves together at such Time and Place in 
said Parish as by said Warrant shall be appointed to make Choice 
of such Officers for said Parish as shall be necessary and according 
to Law ought to be Chosen Yearly for Transacting the Affairs of 
said Parish and the said Inhabitants being so met are hereby im- 
powered to make choice of such Officers, and such Officers so Chosen 
(having first taken the Oaths injoined by Law) shall have the Like 
Power in their respective Offices as by Law they would have had on 
their being Chosen according to the Directions of the Law in the 
Month of March and Qualified as aforesaid. [Passed April 18.^ 

* Sic, as to parenthesis. 

'^ The words " and Accepted" are underlined in Mass. Archives. 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 17. 



[3d Sess.] Province Laws {Resolves, etc.). — 1753-54. 153 



CHAPTEK 357. 

ORDER DIRECTING PERSONS RECEIVING BOUNTY MONEY TO GIVE Legislative 

BOND. Records of the 

Council, XX., 
225. Mass. 

Ordered that the Several persons that Shall receive the Monies ^^i^^.^ m 
Granted by this Court at this session in Order to Enlist the five 



Hundred Men Ordered to go Eastward Shall give Bond with Sureties nai, p. 250. ' 
to the province Treasurer for their duly Applying the Monies they chap'. 339.**' 
Shall receive & Accounting therefor. \^Passed April 18. 



CHAPTEK 35 8. llSKlthe 

Council, XX., 
225. Mass. 
ORDER ALLOWING 1/6 PER MAN TO OFFICERS FOR ENLISTING SOL- Archives, 

DIERS. Ixxiv., 192. 

House Jour- 

Ordered that there be Allowed to the Officers that may Inlist the °tpm,chap. 
Soldiers going Eastward the Sum of One Shilling & Six pence $» 357. 
man for Each man they Shall Inlist. [Passed Api'il 18. 



CHAPTER 359. 

ORDER IMPOWERING JAMES THOMAS AND STEPHEN DAVID, INDIANS, 

TO SELL LANDS. 

A Petition of James Thomas of Tetticut, Indian, praying for Legislative 
Liberty to sell Lands there, belonging to him, for the Payment of councif,xl?^ 
Debts he has contracted by the Maintenance of his Aged Parents, 225. Mass. ' 

• ■'r-t ArciiivGS 

and by Means of Sickness, in his Family ; and also xxxii., 510. 

A Petition of Stephen David of Titticut, Indian, Praying for Mass. 
Liberty to sell Land belonging to him in Tetticut for the Payment ^xx»!^494. 
of his Debts, occasioned by his long Imj)risonment, Sickness &c* House' Jour- 

Ordered that the Prayer of the Petitions of Stephen David & ^n<e^ p. 116,' 
James Thomas be So far granted as that the Said Stephen & James <^^*p- 2^^- 
with the Consent of the Guardians of the Titticut Indians, be & 
hereby are allowed & impowered to Sell all their Lands in said Tit- 
ticut in the Township of Middleborough Excepting such part thereof 
as the Said Guardians shall sett off To be kept and reserved for the 
use & improvement of the said Stephen David & James Thomas & 
their heirs & such other of the Descendants of the said Titticut 
Indians as shall have occasion to Dwell or reside there, which pieces 
of Land so sett off »& reserved as afore*^ shall not be sold or alien- 
ated for Ever but be kept for the use afor"^ & that the money aris- 
ing by the said Sale shall be applyed by the Said Guardians for the 
payment of the said Stephen Davids & James Thomas's Just Debts 
«& the remainder (if any there be) to be Secured by the said Guar- 
dians on Interest & applyed for the releif & support of the said 
Stephen & James & the other Titicut Indians as the said Guar- 
dians shall order & Direct & also that the said Guardians see that 
Justice be done the petitioners in the Sale of Said Lands. [Passed 
April 18. 



154 



Province LiAws (Besolves, etc.). — 1753-54. [Chaps. 360, 361.] 



Legislative 
Eecord8 of the 
Council, XX., 
226. 

House Jour- 
nal, p. 251. 
Ante, p. 110, 
chap. 256. 



CHAPTEE 360. 

ORDER REFERR8 THE ACCQts OF THE GUARD^'^ qf THE MARTHA'S 
VINEYARD INDIANS. 

Whereas sundry Articles in the Account exhibited by the Guar- 
dians of the Martha's Vineyard Indians, appear very extraordinary, 
and no Vouchers to support any part of the Account, 

Ordered that the said G-uardians be directed to appear before the 
Court on the second Thursday of the next May Session; and that 
the further Consideration of said Account be referred to said Time. 
[Passed A23ril 18. 



CHAPTER 361. 

ORDER ACCEPTING REPORT OF COMMITTEE ON CAMB^e FIRST PARISH 
PET" AND SETTING OFF DIVERS LANDS AND THEIR INHABITANTS 
FROM WATERTOWN TO SAID l^^ PARISH IN CAMBRIDGE. 



Legislative 
Records of the 
Council, XX., 

105, 228. Mass. 
Archives, xiii., 
472. 

Mass. 

Archives, xiii., 
471. Legisla- 
tive Records of 
the Council, 
XX., 131, 144, 
148. House 
Journal, 
pp. 104, 156, 159, 
251. 



A Petition of the first Parish in the Town of Cambridge, setting 
forth the smallness of their Numbers and Estates, and the Difficulties 
they are under, to give a suitable Support to the Gospel Ministry, 
Praying some in the Towns of Charlestown & Watertown whose 
Lands ly contiguous to the said Parish may be added to it. 

The Committee on the Petition of the first Parish in Cambridge, 
Praying that a Number of Inhabitants of the Town of Watertown 
with their Estates be annexed to them ; having viewed their Situa- 
tion, heard the Parties, and finding it most Convenient for the said 
Inhabitants to attend the publick Worship of God in the said Parish, 
as they usually have done for many Years past, and it being their 
Desire to be set off to the Town of Cambridge, as well as to the first 
Parish aforesaid: Keport that all the Inhabitants & Lands within 
the following Bounds be annexed to the Town and first Parish 
aforesaid, to do Duty & receive Priviledge in the same. The divid- 
ing Line between the Towns of said Cambridge & Watertown to 
begin at Charles Eiver & from thence to run in the Line between 
the Lands of Simon Coolidge, Moses Stone, Christopher Grant, and 
the Thatchers, and the Land of Col° Brinley & Ebenezer Wyth, 
to the fresh Pond so called. All which is humbly submitted 

Per Joseph Pynchon ^ Order, 

Eead & 

Ordered that the Eeport on the other Side be iSs hereby is Ac- 
cepted, And the Lands & Inhabitants on them therein mentioned 
are accordingly set off from the Town of Watertown to the Town 
of Cambridge & the first Parish in said Town by the Line in the 
Eeport particularly described, to do Duty & receive Privilege there. 
[Passed April 18. ' 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 19. 



[3d Sess.] Province Laws (Mesolves, etc.). — 1753-54. 155 



CHAPTEll 362. 

ORDER ACCEPTING REPORT OF COMMITTEE ON MEDFORD PETITION 
AND SETTING OFF LANDS WITH THE INHABITANTS THEREON FROM 
CHARLESTOWN TO MEDFORD. 

A Petition of the Inhabitants of the Town of Medford setting Legislative 
forth that there are several Tracts of Land belonging to the Town counc'if xi!'^^ 
of Charlestown, (particnlarly described in the Petition) which are 124, 228.' 
more commodiously situated for Medford than Charlestown, Pray- Maes, 
ing in Consideration of the smallness of Medford that they may cxvi., ws! 
be set off to said Town. na°irpp.'\°25!*i27. 

The Committee to whom was referred the Petition of the Town i56,' 159', 251. 
of Medford, Praying that certain Tracts of Land & the Inhabitants 
thereon belonging to the Town of Charlestown may be set off, & 
annexed to the Town of Medford, together with a proportionable 
part of certain Eights & Priviledges, arising from some of said 
Lands belonging to said Charlestown; having (the Major part of 
them) repaired to said Towns, viewed the Situation of the Inhabi- 
tants & Lands petitioned for; heard the Parties & considered the 
Affair report as follows. That the Pet"^ be so far granted as that the 
Inhabitants & Lands lying on the North & South ^ide of said Med- 
ford River as described in their Petition, be sett off & annexed to 
the Town of Medford, and to perform Duty & receive Priviledge, 
as part of said Medford, and that the Charge of maintaining the 
Road or High way from Charlestown towards Monotamy, so far as 
it runs thro Charlestown and now is made the bound of Medford, 
be equally born by each Town, that half lying nearest to Charles- 
town to be maintained by Charlestown, the other by Medford, but 
yet as to the other part of said Petition, which respects the Rights 
& Interests arising from some of the said Lands belonging to Charles- 
town, the Committee are humbly of Opinion that it ought to be dis- 
missed. 

The Committee further beg Leave to report that the Town of 
Charlestown be free from all Cost & Charge in Maintaining any 
part of the Bridge standing over Medford River, and the Causey 
on the North side of said River, and to be freed from such Part 
of the Province Tax as belonged to said Inhabitants & Lands, 
hereby set over to the Town of Medford, and the Lands ajapro- 
priated to a publick Use, situate on the North Side of Medford 
River to be free, as they heretofore have been from all Taxes. 

Which is submitted: Joseph Pynchon per Order. 

Read & 

Ordered that the Lands within mentioned together with the In- 
habitants thereon, be & hereby are sett off from the Town of Charles- 
town to the Town of Medford accordingly. [Passed April 18.^ 

1 This date is according to Mass. Archives and the House Journal ; according to Leg- 
islative Records of the Council the date is April 19. 



156 



Province Laws {Resolves, e^c.). — 1753-54. [Chaps. 363, 364.] 



CHAPTEK 363. 



Legislative 
Records of the 
Council, XX., 
142. Mass. 
Archives, 
cxvi., 493. 

Mass. 
Archives, 
cxvi., 491. 
Legislative 
Eecords of the 
Council, XX., 
226. House 
Journal, 
pp. 150, 252. 



ORDER REFERRING THE PET^ OF JACOB WENDELL, ESQ", IN REGARD 
TO THE NEW TOWNSHIP OF PONTOOSUCK. 

A Petition of Jacob AYendell Esq' one of the principal Pro- 
23rietors of a new Township in the County of Hampshire called 
Pontoosiick shewing that by a late Division of the Lands there, 
in Consequence of an Order of the Superiour Court, he is greatly 
injured, Praying that the said Division may be set aside, and he 
may have his just Eight in the said Township. 

Eead together with the Answer of Oliver Partridge Esq"" and the 
Eeply of Timothy D wight Esq"" and others the Committee appointed 
by the Superiour Court for making the Partition within mentioned 
and 

Ordered that the Consideration of this Petition be refer'd to the 
next May Session. \^Passed A2)ril 19. 



CHAPTEE 364. 



Legislative 
Records of the 
Council, XX., 
227. Mass. 
Archives, 
xlvi., 350. 

Mass. 
Archives, 
xlvi., 349. 
House Jour- 
nal, pp. 206, 252. 



ORDER ACCEPTING REPORT OF COMMITTEE ON PROV«'= LANDS IN PLYM^ 
COUNTY, AND ALLOWING £5. 9. 8 EXPENSES THEREOF. 

The Committee ' to inquire into the Circumstances of the Lands 
belonging to the Province in the County of Plymouth beg Leave to 
report that they attended that Service in part, and that they pro- 
ceeded to Eochester & viewed the following Lands 

1. One hundred & twelve Acres mortgaged by William GiflEerth 
dec*^ to the Commissioners of the Fifty thousand Pounds Loan, now 
in the Possession of sundry Persons ; Action was brought for the Ee- 
covery of the Possession about two Years since ; but no Execution 
granted thereon, It is in general poor Land. 2. One hundred 

Acres mortgaged by Lieutenant Samuel Sprague dec*^ to the Com- 
missioners of the Hundred Thousand Pounds Loan, is a small Part 
inclosed, the other Wood Land, Considerable of it Swamp and is 
tolerable good Land; the Widow never quitted her Dower. 3. 

Ten Acres mortgaged by John White, partly enclosed, partly vacant, 
the whole of small Value, the Wood mostly cut off. The follow- 

ing Lands in Pembrook. 4. Eighty three Acres mortgaged by 

John Eogers of Pembroke ; mortgaged to Essex Commissioners ; the 
Interest partly paid ; Is in general poor Land : supposed some Iron 
Oar here, The Committee further beg Leave to report that there 
are sundry other Lands in that County that pertain to the Province 
as they aj)prehend: And that there were divers other Lands which 
were mortgaged to the above Commissioners by sundry Persons that 
have since paid the Money, but have not been so careful as to get 
their Mortgages discharged. 

All which is humbly submitted: 

per Gamaliel Bradford per Order. 

Subjoined an Accompt of the Committees Time & Expence in 
the said Service, amounting to the Sum of Five Pounds nine Shil- 
lings and eight pence. 

1 Of the House. See House Journal, p. 206. 



[3d Sess.] Province Laws {^ResolveSy etc.). — 1753-54. 157 

Read & 

Ordered that the within report be Accepted And that the Sum 
of five pounds Nine shillings & Eight pence be Allowed & paid the 
S** Committee In full of the within Acc^ {Passed April 19. 



CHAPTEK 365. 

VOTE ACCEPTING REPORT OF COMMITTEE REFERS TO THE AFFAIRS OF 
THE SIX NATIONS AND THE BOUNDARY LINE BETWEEN NEW YORK 
AND MASSACHUSETTS. 

The Committee appointed to prepare Instructions to the Com- Legislative 
missioners who are to meet Commissioners from the other Govern- councn^ xx!f ^ 

ments at Albany in June next, at the Interview with the Six Nations, ^^^ 

and also to settle the Boundary between this Government & that of ^If^r^g^Jf^^j^g 
New York, have attended that Service, and drawn up Heads of In- council, xx., 
structions for the Purposes aforesaid and also such Votes as the Com- journal, p.°25^2! 
mittee apprehend necessary to be passed by the Court, in order to ^nte, pA46, 
his Excellency the Governour's granting Commissions for the Ser- 
vice aforesaid : All which are hereunto annexed & humbly submitted. 

Per Benjamin Lynde per Order, 

Eead & Accepted.' \^Passed April 19. 



CHAPTER 366. 

VOTE REFERS TO COMMISS^^ IN RELATION TO THE SIX NATIONS, & Y= 

OTHER COMMISS^s. 

Voted that Samuel Welles, John Chandler Tho^ Hutchinson, Oliver Legislative 
Partridge & John Worthington Esq" (any three of whom to be a ^^xx^m^ 
Ouoram) be and they hereby are fully authorized and impowered to 229. Mass. 
represent & appear for this Province at the General Convention of 467. 
the British Governm*^ proposed to be held at Albany in June next, Mass. 
and in Concert with Commiss''^ from all or any of the said Governm** ^6^^^I«t/^'' 
to enter into Articles of Agreement and Confederation, as well offen- p. i46,chap. 
sive as defensive for their general Safety & Interest, and for confirming chap, sef.'"''' 
& establishing the ancient & uninterrupted Attachm*^ of the Indians 
of the Six Nations to his Majesty our most Gracious Sovereign, and 
their long & constant Friendship with His Majestys Subjects on this . 
Continent.'' [^Passed Ap)ril 19. 



CHAPTER 367. 

VOTE REFERR<5 TO THE COMMISS^s SETTLING THE BOUNDARY WITH 

NEW YORK. 

Voted & Ordered, that Samuel Welles, John Chandler, Tho^ Rifordlolthe 
Hutchinson, Oliver Partridge & John Worthiugton Esq""' Commiss" council, xx., 
appointed by this Court (they or any three of them) be authorized on 230. Mass. 

> There were some amendments to the papers submitted. 
^ Not found in the House Journal. 



158 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 368, 369.] 



Archives, 
cclxxxiii., 63. 

Mass. 

Archives, iv., 
446. Supra, 
chap. 366. 



behalf of this Province to meet Commiss" which are or may be ap- 
pointed on the Part of the Province of New York, and with them to 
confer & agree upon the Partition ^ Line between his Maj*^® Provinces 
of the Massachusetts Bay & New York, & to prepare a proper Account 
& State of the Line they ' shall agree upon, to be laid before their 
respective Principals for their Consideration & Acceptance, in order 
humbly to present the same, after their accepting it, to be approved 
& ratified by his Majesty; or otherwise to agree on a Line to be 
immediately submitted to his Majesty for his Eoyal Approbation & 
Confirmation as the Commissioners mutually chosen shall judge best. 
The Gentlemen above named to be Commissionated by his Excellency 
the Governor for the Purpose aforesaid under the Seal of the Prov- 
\_Passed Ajiril 19. 



mce. 



Legislative 
Records of the 
Council, XX., 
230. Mass. 
Archives, 
xlvi., 347. 

Ante, p. 106, 
chap. 246. 



CHAPTEK 368. 

VOTE REFERR^ TO THE COMMISK^ APPOINTED TO DISPOSE OF THE 

PROV'^'^ LANDS. 

Voted, That Samuel Welles John Chandler Tho' Hutchinson 
Oliver Patridge & John Worthington Esq" be & they hereby are 
impowered & directed to proceed to the County of Hampshire & 
carefully to enquire, into the Possessions & improvements of the 
several persons, who without any grant or warrant from this Gov- 
ernm* have euter'd on any of the Province lands, situate further 
Westward, than the Townships of Sheffield & Stockbridge, altho 
part of said lands may ly more north than said Townships, and 
they are hereby fully authorised to quiet any & all such persons 
in their possessions or improvements, & on the part & behalf of 
this Court to Quitclaim & relinquish to them their heirs & assigns, 
the whole or any part of the lands on which they have entered, as 
also to grant, dispose or make sale of, any or all other of said Prov- 
ince lands lying further Westward than Sheffield & stockbridge as 
aforesaid, not actually entered upon, improved or possest according 
to their best discretion, and as shall appear to them to be most for 
the service of this Province & the defence & strengthening of that 
frontier And upon such terms of Settlement, purchase or Quit rent 
as they shall Judge equitable & his excellency the Governour is 
desired to comissionate them for this purpose under the Province 
Seal, and they Shall be under oath to pursue the true intent & 
design of their comission & to render an acc° of their doings to 
this Court, Three of said Coinissioners to be a Quorum. ° \^Pass6d 
April 19. 



CHAPTER 369. 



Legislative 
Records of the 
Council, XX., 
235. Mass. 
Archives, Ixv., 
25. 



VOTE ALLOWING £66. 13. 4 TO EUNICE HOOPER. 

A Petition of Eunice Hooper Eelict Widow of Samuel Hooper 
late of Marblehead Mariner dec'^ shewing that said Samuel Avas in 
the Y-ear 1746 employed by this Government as Master of an Express 
Vessell (whereof he was half Owner) to carry Intelligence of the 

1 MS. mutilated. 

" Not found in the House Journal. 



[3d Sess.] Province Laws (Besolves, etc.). — 1753-54. 159 

French Fleet at Chebucto to Admiral Lestock; then expected at Mass. 
Cape Breton, that the said Samuel was then taken by the French 23!^HoMe ^'' 
in the said Vessel and afterwards retaken & carried to the West pp^4|'^J54 
Indies, and in his Passage home lost at Sea, & never afterwards 
heard of, that the Petitioners Husband in his Life time, nor the 
Petitioner since his Death have had any allowance for the Loss of 
his Vessell, & his own & his Servants Wages; therefore Praying 
that this Court would make her Satisfaction for the same, 

Eead & thereupon 

Voted that the Sum of Sixty Six pounds Thirteen shillings & four 
pence be paid out of the Province Treasury & put into the hands 
of the Eev*^ M'' Simon Broadstreet ' of Marblehead & by him to be 
Appl'y d as he in descretion Shall Judge best for the Use & benefit 
of the pef And her Children. [Passed Aj^ril 19.^ 



CHAPTER 370. 

ORDER SETTING OFF PETER TUFTS AND HIS ESTATE FROM CHARLES- 
TOWN TO MEDFORD. 

A Petition of Peter Tuft of Charlestown shewing that he has Legislative 
a small Peice of Land in said Town containing about Three Acres couScif xx*^* 
with a dwelling House, much more commodiously situated for the i^e. Mass."' 
Town of Medford than Charlestown, Praying that said Estate may cxvi.,^541; 542. 
be set off to Medford. Legislative 

Read and Accepted and counc'if xx^^^ 

Ordered That the said Peter Tufts with his Estate above men- 144, i48,'230.'' 
tioned be annexed to the Town of Medford Accordingly. naia^p!2i9!'256. 

And That the Town of Medford be & hereby are Oblidged to ^^j^'j^i^^' 
Maintain & repair from time to time one half of the high way from 
S*^ Tufts House Unto Medford Line as Established this Session 

And also that the S'^ Tufts pay to the Town of Charlstown all 
Taxes already assessed upon him by S** Town. [Passed April 20.^ 



CHAPTER 371. 

ORDER FOR ISSU« EXECUT^ AGAINST THE ESTATE OF THE LATE 
SHERIFF OF YORK. 

Whereas in the Account of the late Treasurer William Foye Legislative 
Esq"" exhibited by Samuel Watts Esq^ and others a Committee of councif xl**^^ 
this Court he represented to be due on Executions, that were deliv- 231. ' ' "' 
ered M"' Plaisted late Sheriff of the County of York, the Sum of House Jour- 
Three hundred & thirty Pounds, since which his Executors have proVjncf ' 
paid One hundred & fourteen Pounds, so that there remains due Laws, xiv., 654, 
Two hundred & sixteen Pounds, therefore ^ ^^''^ ' 

Voted that the present Treasurer be directed to issue out new 
Executions for said Sum of Two hundred & Sixteen Pounds, that 
the same be paid into his Hands as soon as possible. [Passed 
April 20, 

> The House Journal, p. 254, reads, "Mr. Simon Bradstreet." 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 22. 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 19. 



160 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 372, 373.] 



Legislative 
Records of the 
Council, XX., 
232. Mass. 
Archives, 
Ixxiv., 170. 

Mass. 
Archives, 
Ixxiv., 168, 169. 
House Jour- 
nal, pp. 231, 256. 



CHAPTER 372. 

ORDER ALLOWING £L 11. 4 TO JOS. METCALF. 

A Petition of Joseph Metcalf, shewing that he was impressed 
into His Majesty's Service on the Eastern Frontiers in the Year 
174:9, and was left out of the Muster Roll the Time between his 
Impressment & his getting to his Post, Praying that this Court 
would allow him to receive the remaining Wages out of the pub- 
lick Treasury. 

Ordered that there be allowed and paid out of the Province Treas- 
ury the Sum of One pound Eleven Shillings & four pence to Joseph 
Metcalf in full for his Wages mentioned in his Petition. \^Passed 
April 20. 



CHAPTER 373. 



Legislative 
Records of the 
Council, XX., 
232. Mass. 
Archives, 
cxvi., 577. 

House Jour- 
nal, pp. 241, 256, 
257. 



ORDER IMPOWERING THE GUARDIAN OF THE HEIRS OF JEREMIAH 
ALLEN AND THE ATTORNEY OF MR MADDOCKS TO CONVEY LAND 
TO THE TOWN OF BOSTON. 

A Petition of the Select Men of Boston, by Order of the Inhabi- 
tants of said Town, shewing that for the Safety of the said Town 
in Case of Fire they are desirous to widen the Street called Ann 
Street, which might be easily done were it not for That the Heirs 
of Jeremiah Allen dec*^ (Owners of one of the Old Buildings nec- 
essary to be taken down or removed) are Minors; and M'' . . . 
Madocks (Owner of the other) lives out of the Province, therefore 
Praying that the Petitioners may be enabled by this Court to take 
down or remove so much of said Buildings as may be found neces- 
sary, in order to widen that part of said Street which is narrow, 
the Petitioners being willing that Justice should be done to the 
Owners by having such an Allowance made them by the said Town 
as will be equivalent to the Damage, or that they be otherwise re- 
leived as this Court shall judge best. 

Voted & 

Ordered, that the Guardian or Guardians of the heirs of M"" Jere- 
miah Allen being minors, be impower'd to convey to the town of 
Boston, that part of the land requested, belonging to said heirs, 
at a price which Shall be agreed on, with the Selectmen of Boston, 
& also that M' William Parkman, attorney to M' ^ Maddocks, be 
likewise impowered to convey to the Town of Boston the land re- 
quested belonging to s'' Maddocks on a price agreed on as for the 
other piece, both pieces of land always to ly for common use as 
highway, and the said conveyances, it is hereby declared. Shall be 
good & valid to all intents, purposes & constructions whatsoever. 
\Passed April 20. 

1 Sic. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1753-54. 161 

CHAPTEE 374. 

ORDER ALLOWING £20 TO NATHANIEL HASEY & JOHN BARKER. 

A Petition of Xathaniel Hasey & John Barker; shewing that R^^^^^^'^^^f^,^ 
in the Year 1741, (they being then Deputy Sheriffs in the County council, xx"., 
of Suffolk) they were employed by this Government to search for Archives^^cm. 
Counterfieters of Rhode Island Bills of Credit, in which Affair they ■^'^"- 
spent much time & Money, and never could obtain any thing from Mass. 
that Government, Praying for a proper Allowance from this Court. 215? Hous^e ''' 

Eead & Jp^oll'.'-iae. 

Ordered that the Pet" be Allowed & paid out of the Publick 
Treasury the Sum of Twenty pounds In full of their Account of 
Charges & service Mentioned in the Petition. [Passed Ajjril 20, 



CHAPTER 375. 

ORDER IMPOWERING ABIGAIL WILLIAMS, ADM^, TO SELL AN ESTATE. 

A Petition of Abigail Williams Widow & Administ^ of the Estate Legislative 
of Thomas Williams jun' late of Charlestowu in the County of Mid- counclf, x x*.f 
dlesex dec'^ shewing that the Personal Estate is not sufficient to pay 234. Mass.' '' 
the Debts; and Whereas the Pef'^ Husband left several small Chil- f^^^^^^'""'^- 
dren, and his Eeal Estate consists in part of a Wharf & Peice of House Jour- 
Land adjoining, which may be sold for more than the Amount of nai,pp.255,256. 
the Debts, yet in Consideration of the Charge the Petitioner will 
be put to for the supjjort of the said Children, Praying for Licence 
from this Court to sell the above mentioned Wharf & Land adjoin- 
ing thereunto for the Purposes aforesaid. 

Read, & 

Ordered that the Prayer of this Petition be granted, & that the 
Petitioner in her said Capacity be & she is hereby authorized to 
make sale of the Premises (for the Purposes mentioned) for the 
most that may be; having previously given Publick Notice of such 
intended sale in time & manner as is directed in the Law touching 
the sale of Real Estates by Executors & Administrators : she to be 
accountable to the Judge of Probate for the County aforesaid, for 
her Proceedings in relation to the Disposal or application of the 
Proceeds of such sale. {Passed April 20.'' 



CHAPTER 376. 

ORDER DIRECTING THE INHAB^s OF CHARLESTOWN SET OFF TO MED- Legislative 

FORD, TO PAY FORMER TAXES. Records of the 

Council, XX., 
235. Mass. 

Ordered that the Inhabitants of the Town of Charlestown sett ^/^^'^||'. 
off from s<^ Town & x\nnexed to the Town of Medford by an Order ^^^^^ j^'^^ — 
passed this Court the Present session, pay the Several sums already nai.p. 26i. 
Assessed upon them whither Town, County, or Province Taxes in 4'ap.m^^' 
the Same Manner as tho s*^ Order had not Passed. {Passed April 23. 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 22. 



162 



Province Laws {Resolves, etc.). — 1753-54. [Chaps. 377-379.] 



Legislative 
Records of the 
Council, XX., 
236. Mass. 
Archives, xiii., 
470. 

House Jour- 
nal, p. 261. 
Ante, p. 154, 
Chap. 361. 



CHAPTER 377. 

ORDER DIRECTING THE INHAB^s OF WATERTOWN SET OFF TO CAM- 
BRIDGE TO PAY FORMER TAXES. 

Order'd That the Inhabitants of the town of Watertown Set off 
from said Town & Annex'd to the Town of Cambridge by an order 
pass'd this Court the present Session pay the several Sums already 
assess'd upon them whether Town County or province Taxes in the 
same manner as tho' said Order had not pass'd And that that 

proportion of the Province tax which the said inhabitants hereto- 
fore paid in the town of Watertown shall be taken off from said 
Town & added to the town of Cambridge in the next province tax. 
{Passed April 22. 



CHAPTER 378. 



Legislative 
Records of the 
Council, XX., 
236. 

House Jour- 
nal, p. 262. 



VOTE REFERRING ALL UNFINISHED MATTERS. 

Voted that all Matters that had Day at this Sitting and not passed 
upon, have the same Day at the next May Session. \Passed A'pril 28. 



CHAPTER 379. 



Legislative 
Records of the 
Council, XX., 
236. Mass. 
Archives, 
xlvi., 863. 

House Jour- 
nal, pp. 259, 260. 
Province 
Laws, i.,750, 
chap. 10; ii., 
61 chap. 18; 
189, chap. 14; 
470, chap. 17. 



VOTE APPOINTING A COM^^^^ TO INQUIRE INTO THE LOANS. 

In the House of Eepresentatives, 

Voted that Sam' Welles Esq'" M*^ James Eussel Henry Gibbs Esq"" 
Salem Col Partridge Col Bradford Col Otis Col White M"^ Bradley 
& Col Winslow with Such as shall be Joyned by the Honour- 

able Board be a Comittee & any three of them to be a Quorum to 
enquire into the circumstances of the Loan of £50,000 Bills of 
Credit, Issued by this Court, Anno Dom 1714 & of another Loan 
of £100,000 Anno, 1716 as also of the Loan of £50,000 An. 1720. 
& likewise of the Loan of £60,000 Anno, 1727, & lay a full & exact 
state & acco' of the lands forfeited & now belonging to the Province 
and of the Balances due where lands were not mortgaged as security 
& the S*^ Com*®^ or a Quorum thereof be impowered to Send for per- 
sons & papers 

In Council; Eeaid & Concur'd And Benjamin Lynde, John dish- 
ing, Ezekiel Chever John Wheelwright & Thomas Hutchinson Esq" 
are joined in the Affair. \Passed A])ril 23. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1754-55- 



[163J 



LEGISLATIVE LIST' 



1754-55 



His Excellency WILLIAM SHIELEY, 

Captain-Gekeral and Goverxor-in-chief, etc. 

JOSIAH WILLARD, Esq., 

SECRETARY OF THE PROVINCE. 

THOMAS CLARKE, Esq., 

DEPUTY SECRETARY. 



COUNCILLOES OE ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Colony of the Massachicsetts Bay j * 

John Osborne 



Francis Foxcroft 

JOSIAH WiLLARD 

Jacob Wendell 
Benjamin Lynde 
Daniel Eussell 
Samuel Danforth 
John Greenleaf 
Samuel Watts 



John Chandler 

EZEKIEL ChEYER 

Andrew Oliyer 
Joseph Pynchon 
'EsQRS. Thomas Hutchinson 

Stephen Sewall 
Isaac Eoyal 
Eleazer Porter 
John Frying 



■ Esqrs. 



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

John Gushing ) -^^ Sylyanus Bourn 

^«Q^^- John Otis 



George Leonard 



r 



Esqrs. 



Of the Inhabitants of or Projirietors of Lands ivithin the Territory formerly 
called the Province of Mayne ; 

Sir William Pepperel, Baronet, John Hill & Jabez Fox, Esqrs. 

> See Legislative Records of the Council, xx., 237-240. 
[165] 



166 Froyi^ce Ijaws (Besolves, etc.). — 1754-55. [Representatives.] 

Of the Inhabitants of or Proprietors of Lands within the Territory lying 
hetioeen the River of Sagadahoch & Nova Scotia ; 

John" "Wheelwright, Esq. 

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



REPRESENTATIVES OR DEPUTIES. 

May 29, 1754 to April 28, 1755. 
Mr. THOIVIAS HUBBARD, Speaker. 



Boston, 



Roxbury, 
Dorchester, 

Milton, . 
Braintree, 



County of Suffolk. 
. . Samuel Welles, Esq., 
James Allen, Esq., 
Thomas Hubbard, Esq., 
Mr. James Bowdoin. 
. . Ca^Dt. Joseph Williams. 
Robert Spur, Esq. 
Samuel Miller, Esq. 
Mr. Josiah Quincy, 
Mr. Samuel Niles, Jr. 

Weymouth, . . Capt. Thomas Pratt. 

Hinyhayn, . . Mr. Jacob Gushing. 

Declham, . . Joseph Richards, Esq. 

Medjield, . . Mr. Symon Plympton. 

Stoughton, . . John Siliepherd, Esq. 

Needhani, . . Mr. William Bowdoin. 

Medway, . . Mr. Jonathan Adams. 

County of Essex. 

Salem,^ . . . Henry Gibbs, Esq., 

Daniel Epes, Jr., Esq. 

Ipswich, . . John Choat, Esq. 

Newbury, . . Mr. Benjamin Greenleaf, 
Joseph Gerrish, Jr., Esq. 

Lyn, . . . Capt. Benjamin Newhall. 

Marblehead, . John Tasker, Esq. 

Andover, . , Major Joseph Fry. 

Beverly, . . Robert Hale, Esq, 

Rowley, . . . Mr. Humphrey Hobson. 

Salisbury, . . Caleb Gushing, Esq. 

Haverhill, . . Richard Saltonstall, Esq. 

Olocester, . . Mr. William Stevens. 

Amesbury, . . Mr. Isaac Merrill. 

Bradford, . . Capt. Benjamin Milliken. 

Boxford, . . Mr. Jonathan Foster. 



County of Essex — Concluded. 
Topsfield, . . . Mr. Elijah Porter. 
Wenhatn, . . . Capt. John Dodge. 



County 

Cambridge, . . 



Charlestown, 
Water town. 
Concord & 
Carlisle, 
Woburn, . 
Reading, . 
Newtown, . 
Sudbury, . 
Marlborough, 
Groton, 
Billerica, . 
Framinyham, 
Chelmsford, 
Maiden, 
Weston, 
Waltham, . 
Medford, . 
littleton, . 
Westford, . 
Lincoln, . 



OF Middlesex. 
William Brattle, Esq., 
Mr. William Fletcher. 
Mr. James Russell. 
Mr. John Hunt. 

Mr. Simon Hunt. 

Mr. Edward Walker. 
Ebenezer Nichols, Esq. 
Henry Gibbs, Esq. 
Capt. John Noyes. 
Mr. Samuel Witt. 
William Lawrence, Esq. 
Capt. Enock Kidder. 
Joseph Haven, Esq. 
Mr. Ephraim Spaulding. 
Mr. Benjamin Hills. 
Mr. Elisha Jones. 
Samuel Livermore, Esq. 
Mr. Stephen Hall, Jr. 
Nathaniel Russell, Esq. 
Thomas Reed, Esq. 
Chambers Russell, Esq. 



County of Hampshire. 
Springfield, . . Josiah Dwight. Esq. 

Joseph Hawlc}', Esq. 



Northampton & 
Soiithampton, 
Eadley & 
South Hadley, 
Hatfield, . . 



Capt. Moses Marsh. 
Oliver Patridge, Esq. 



^ The House Journal, p. 4, reads, " Salem (j Danvers, Henry Gibbs, Esq., Dan. Epes, Jun., Esq." 



[Representatives.] Province Laws (i?eso?yes, e^c). — 1754-55. 167 



County of Hampshike — Concluded. 
Dearjield and 



Greenfield, 
Westfield, . 
Montague & 
Neio Salem, 
Brimfield, . 
Sheffield, . 

County 

Worcester, 
Leicester S ) 

Spencer, y 

Brookfield, . . 
Rutland, tfc Rut- } 
land District, ) 
Shrew sbicr y , 
Oxford, 
Mendon, . 
Sutton, 
Bolton, . . 
Sturbridge, 
Eardwich,^ 
Lunenhurgh, 
Lancaster, 



Elijah Williams, Esq. 

Mr. Israel Ashley. 

Mr. Joseph Houlton. 

John Sherman, Esq. 
David Ingersol, Esq. 

OF Worcester. 

John Chandler, Jr., Esq. 

Thomas Steel, Esq. 

William Ayres, Esq. 

John Murray, Esq. 

Mr. Phineas Haywood. 
Duncan Campbel, Esq. 
Capt. Nathan Tyler. 
Mr. Daniel Greenwood. 
John Whetcomb, Esq. 
Moses Mercy, Esq. 
Timothy Ruggles, Esq. 
Mr. John Haywood. 
William Richardson, Esq. 



County of Plymouth. 

Plymouth, . . . Thomas Foster, Esq. 



Scituate, . 
Duxbury, . 
Marshfield, 
Bridgwater, 
Pembrook, . 
Plympton, . 
Middlebord, 



Thomas Clap, Esq. 
Gamaliel Bradford, Esq. 
John Winslow, Esq. 
Capt. Josiah Edson. 
Mr. Israel Turner. 
Mr. Isaac Benney."-' 
Capt. Xathaniel Smith. 

^ The House Journal, p. 4, 
* The House Journal, p. 4, 



County of Plymouth — Concluded. 

Hanover, . . David Stockbridge, Esq. 

Abingt07i, . . Mr. Jacob Porter. 

Eiyigstone, . . Mr. William Sever. 

Rochester, . . jMr. Elisha Barrow. 

County of Barnstable. 

Barnstable, . . James Otis, Esq. 
Sandwich, . . Roland Cotton, Esq. 

County of Bristol. 

Tau7iton, . . Mr. Israel Tisdale. 

Rehoboth, . . Mr. Aaron Kingsley. 

Dartmouth, <, . Capt. Nathaniel Sole. 

Dighton, . . Ezra Richmond, Esq. 

Attleboro, . . Mr. Benjamin Day. 

Swanzey, . . Mr. John Anthony. 

Freetown, . . Mr. John Winslow. 

Easton, . . . Capt. John Phillips. 

Norton, . . . Ephraim Leonard, Esq. 



York, . . 
Eittery, . 
Berwick, . 
Welles, 
Falmouth, 
Scarborough, 



County of York. 

Mr. John Bradbury. 

Nathaniel Sjiarhawk, Esq. 

Capt. Ichabod Goodwin. 

John Storer, Esq. 

Jedediah Prebble, Esq. 

Edward Milliken, Esq. 
North Yarmouth, Jeremiah Powell, Esq. 
Biddeford, . . Mr. Samuel Hill. 
Brunswick, . . John Minot, Esq. 

In the County of Nantucket. 

Sherburn, . » Abishai Folger, Esq. 

reads, " flbrrfwicA:." 
reads, "Mr. Isaac Bonny." 



I 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-ninth Day of May, A.D. 1754. 



CHAPTER 1. 

ORDER ALLOWING £20 TO THE TOWN OF NORTON. 

A Petition of the Select men of the Town of Xorton, setting Legislative 
forth said Towns Reasons for not sending a Representative to the councif, xx!f ^ 
General Court the last Year, and praying for a Remittance of the 2-42. Mass. ' 
Fine laid on said Town on that Account; ixxxvii.,'323. 



Read & Mass. 

Ordered that the Sum of Twenty pounds the Sum the Town of itx^iTf.%22. 
Norton was fined the last Year be paid Out of the publick Treasury House Jbur-' 
to the selectmen of S*^ Town. \^Passed May 31. ' ^^' 



CHAPTER 2. 

ORDER GRANTING TO ISAAC DOGGET LICENCE TO KEEP AN INN. 

A Petition of Isaac Dogget of Medford, Praying, for Reasons Legislative 
particularly mentioned in the Petition, that the Court of General councif, xx*!!^^ 
Sessions of the Peace for the County of Middlesex, may be impow- 242. Mass. 

•^ ArCDlVGS CXI. 

ered by this Court to grant him a Licence to keep a Tavern in the 309. 
said Town, in their present Term. Mass. 

■Rpflr] X- Archives, cxl., 

neda Ou 3^,^ House 

Ordered that the prayer of the petition be So far Granted that Journal, p. 9. 
the Justices of the Court of General Sessions of the peace Now 
sitting in the County of Middlesex be Impowered (if they See fit) 
to Grant a Licence to the Pet"^ to keep a House of publick Enter- 
tainment in Medford he first Obtaining the Approbation of the 
Selectmen of S^ Town the Time for Granting of Licences being 
Elapsed Notwithstanding. [Passed May 31. 



CHAPTER 3. 

ORDER CALLING A MEETING OF THE FIRST PARISH IN WELLS. 

A Petition of the first Parish in the Town of Wells, setting Legislative 
forth that by Mistake they neglected to chuse their Parish Oificers Kudf, xx*!"^ 
in the Month of March according to the New Style, as by Law ^^^ijf^||^- 

[169] ^^I^ll^^i^ 



170 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 4, 5.] 



Mass. 
Archives, 
cxvi., 637. 
House Jour- 
nal, pp. 11, 13. 
Province 
Laws, iii., 47, 
cliap. 28; 326, 
chap. 22. 



obliged, Praying that by the Authority of this Court they may be 
uow enabled to chuse said Officers, 

[Eead &] 

Ordered that the Prayer of the Petition be granted and, that 
the Parish Committee for S*^ Parish the Last Year be & hereby are 
Directed and Impowred to Issue their warrant to Some Inhabitant 
of Said Parish Eequiring him to warn and give Notice to the In- 
habitants of Said Parish Qualified by law to vote in Parish affairs 
to Assemble themselves together at Such time and place in Said 
Parish as by Said warrant Shall be appointed to make Choice of 
Such officers for Said Parish as Shall be Necessary and according 
to law ought to be Chosen yearly for the Transacting the Affairs of 
Said Parish and the Said Inhabitants So met are hereby Impowred 
to make Choice of Such Officers, and Such officers So Chosen having 
(' first Taken the oaths injoyned by law) Shall have the like Power 
in their Eespective offices as by law they would have had on their 
being Chosen according to the Directions of the Law in the month 
of march and Qualified as aforesaid. \Pa88ed June 1. 



CHAPTEK 4. 



ORDER GRANTING TO JAMES BOYD LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, XX., 
244. Mass. 
Archives, cxi., 
307. 

House .Jour- 
nal, p. 11. 



A Petition of Joseph * Boyd of Woburn, praying (for Eeasons 
particularly mentioned in the Petition) that this Court would im- 
power the Court of General Sessions of the Peace for the County 
of Middlesex, to grant the Petitioner in their present Term a Licence 
to keep an Inn in said Town. 

Eead & 

Ordered that the prayer of the petition be So far granted that 
the Justices of the Court of General Sessions of the peace for the 
County of Middlesex Now Sitting be ImpoAvered (if they think fit) 
to grant a Licence to the Pef to keep a House of publick Enter- 
tainment in the Town of Woburn he first Obtaining the Apjaroba- 
tion of the Select men of S*^ Town the time for granting of Licences 
being Elapsed Notwithstanding. \^Passed June 1. 



CHAPTER 5. 

ORDER IMPOWERING BAM^ & DORCAS LYNDE TO SELL AN ESTATE AND 
MAKING PROVISION IN REGARD TO TIJE PROCEEDS. 



Legislative 
Records of the 
Council, XX., 
244. Mass. 
Archives, xix., 
132. 

Mass. 

Archives, xix., 
131. House 
Journal, p. 13. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Samuel Lynde,^ & Dorcas his Wife, formerly Wife 
of James Smith late of Leicester in the County of Worcester, (now 
dec*^) shewing that the said James Smith left a small Farm, two thirds 
of which was divided among his Children, that the Petitioner Samuel 
has purchased above half of the Childrens Part, of them that are 
of Age, and therefore Praying that they may be allowed to sell the 
Minors part, which will be much for their Advantage. 

Eead and 

^ Sic, as to parenthesis. 

- The House Journal, p. 11, reads, "James." 

^ The House Journal, p. 13, reads, " Smith," 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 171 

Ordered That the Prayer of the Pet° be granted, and that the 
Petitioners, in their respective Capacities within mentioned, be 
and they hereby are allow'd and impowered to make Sale of the 
Estate within mentioned; and to execute, in due form of Law, a 
Deed for conveyance thereof to Such Person as shall give most for 
the Same; And That the Pef Dorcas have the improvement of one 
third of what of the Produce of the Premises Shall remain, after Just 
expences of all Sorts, allow'd by the Judge for Probate [of] ' Wills 
&^ for the County o£ Worcester are deducted, for her Life; The 
Eesidue or two Thirds to the Children of the within named deced 
of age, or their assigns, and to the Guardian or Guardians of Such 
as are Minors, to be let out on Interest ; Such Guardian or Guar- 
dians to pay what shall remain in his or their hands, (upon an ad- 
justment of his or their Acco* pursuant to Law) unto the Said 
Minors, as they arrive of age, or shall be married, which Shall first 
happen Provided before Such Sale be made the Pet" observe the 
Directions of the Province Law passed in the Sixth Year o f his 
late Majesty King George the first relating to Exors or Admors 
Sale of Real Estates, and That the Said Dorcas give Sufficient 
Security to the said Judge that the Principal Sum allow' d he r 
Shall, at her death, revert to the right Heirs of the Said dece'd; 
Also that the Guardian or Guardians of the Said Children give the 
like Security to the aforesd Judge for the faithful discharge of his 
or their Trust: And that Thomas Steel Esq"' See Justice done the 
Minors in the Sale aforesaid. \^Passed June 1. 



CHAPTER 6. 

ORDER IMPOWERING JOSEPH JOHNSON, ADMINISTRATOR & GUARDIAN, 
TO SELL AN ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Joseph Johnson Administrator of the Estate of i^^^^^?"^?.,^ 
Jeffs Johnson late of Boston dec** and Guardian to His only Son council, xx., 
Thornton Johnson a Minor, praying that he may be enabled to sell Arciiives^\ix. 
the said Minors Part of the real Estate of his Grandfather John as. 
Johnson dec*^ (which ought to have been set off to the said Jeffs Mass. 
Johnson who survived his said Father) for Payment of the Debts ^l^V^House" 
on the Estate of the said Jeffs Johnson, beyond what his personal f2.pi?f n^if^^ 
Estate will discharge, pp. lo ks, n.' 

Read & 

Ordered that this petition be revived & that the prayer thereof 
be granted & that the pef in S'^ Capacity be Allowed & Impower'd 
to make Sale of the fourth part of a Small House in Boston & the 
Small peice of Land in Charlestown Mentioned in the Petition for 
the Most they will ^etch And to Execute a Good Deed or Deeds of 
the Same to Enable the pef to pay & Discharge the Debts of the 
S*^ Jeffs Johnson, (father of the S'^ Minor) to whom the premisses 
ought to have been Sett of in the Division of S'^ Estate The S*^ Pet^ 
first giving Security to the Judge of Probate for the County of Suf- 
folk to Apply the Same Accordingly and the Overplus (if any be) 
towards the bringing up & Educating the S'^ Minor. {Passed June 1. 

^ Inserted from Legislative Records of the Council, xx., 245. 



172 



Province Laws {Resolves, etc. ) . — 1754-55. [Chaps. 7-9.] 



CHAPTEE 7. 



Legislative 
Records of the 
Council, XX., 
245. Mass. 
Archives, 
xxxii., 516. 

Mass. 
Archives, 
xxxii., 515. 
House Jour- 
nal,pp. 10, 11. 
Province 
Laws, xiii., 326, 
chap. 227. 



ORDER ALLOWING THE ACCO'^ OF THE TRUSTEES OF HASSANIMISCO 

INDIANS. 

An Accompt presented by John Chandler, John Jones, & Edward 
Baker Esq" Trustees for the Hassanimisco Indians, of their Eeceipts 
& Disbursments for the said Indians the last Year, Ballance in the 
Trustees hands being £4.2.1% 

Eead & it Appearing the within Ace'' is right Cast & well Vouched 

Ordered that the Same be Allowed And that the S'^ Guardians be 

further Accountable for the Sum of four pounds 2/1% the Sum due 

to S'' Indians for Interest besides the Principal Sum. [Passed Jiine 1. 



CHAPTEE 8. 

ORDER ALLOWING THE ACCOt OF THE TREASURER OF WORCESTER 

COUNTY. 



Legislative 
Records of the 
Council, XX., 
247. Mass. 
Archives, 
ccxlviii., 86. 

Mass. 
Archives, 
ccxlviii., 86. 
House Jour- 
nal, pp.9, 14. 



An Accompt presented by M' Daniel Haywood Treasurer of the 
County of Worcester for the last Year, having been by him laid 
before the Court of General Sessions of the Peace for said County, 
and by them allowed; 

Eead & 

Ordered that the within Accompt be Allowed and that the Treas- 
urer of the County of Worcester be further Accountable for the fol- 
lowing Sums viz. 21.19.4 New Tenor Bills of Credit du^ from the 
Town of AVoodstock on the Taxes granted in the Years 1748 & 1749 
& 9.13.5 for for' the Year 1750 C.13.5 for the Year 1752 70.18.2y2 
for the Year 1753 & 316. 10. 51/2 for the Year 1754 as also 9.12.6 a 
Ballance paid by Dan^ Heywood the former Treasurer who is hereby 
Discharged. \Passed June 4.'' 



CHAPTEE 9. 

ORDER IMPOWERING JOHN & JEMIMA CRAIG, ADMINISTRATORS, TO 
SELL REAL ESTATE. 



Legislative 
Records of the 
Council, XX., 
245. Mass. 
Archives, xix., 
140. 

Mass. 

Archives, xix., 
139. House 
Journal, pp. 12, 
14. Province 
Laws, ii.,151, 
chap. 10. 



A Petition of John Craig & Jemimah his Wife late Widow & 
Administ^ of the Estate of Jonathan Fisk late of Groton dec*^ set- 
ting forth the Circumstances of the Estate, and that it will be much 
for the Benefit of the Children, who are Minors, that the whole real 
Estate should be sold, & Praying for Liberty from this Court to sell 
the same accordingly. 

Eead & 

Ordered that the prayer of the petition be granted And that the 
petitioners in the Capacity of Administrators on the Estate of Jona- 
than risk Late of Groton Deceased be & hereby are Impowered to 
make Sale of all the S"^ Deceased real Estate (having regard to the 

1 Sic. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 1. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 173 

Law of this province respecting the Sale of Intestate Estates) And 
Execute In due form of Law A good & sufficient Deed or Deeds 
thereof to Such person or persons as Shall give Most for the Same 
they giving sufficient Caution to the Judge of Probate for the County 
of Middlesex to Accompt for the produce of the premises & dispose 
of the Same pursuant to Law. \^Passed June 4.^ 



CHAPTER 10. 

VOTE IMPOWERING OFFICERS IN THE FORMER PRECINCT OF LINCOLN 
TO SETTLE THEIR ACCOMPTS. 

"Whereas the Town of Lincoln was great part of it a precinct Legislative 
before it was Incorporated into a Town And that the Officers of S** councif, xx!f ^ 
Precinct had not Setled their Accompts with S'' precinct and that ArchWes^^' 
the S'^ Precinct Expired when the S'^ Town was incorporated So that cxti., 663.' 
they are not now able to Settle with S*^ Officers Therefore House Jour. 

Voted that the late Committee & other late Officers of S*^ Precinct province 
be directed & Impowred to Settle the Affairs of S'^ Precinct in the ^ifg^'^-gg"-' '^®' 
Same Manner they Might have done had not the S** precinct been 
Erected into a Town. \^Passed June 4. 



CHAPTER 11. 

VOTE FOR CALLING A TOWN MEETING OF THE INHAB^^ qf THE TOWN 

OF PETERSHAM. 

Voted that John Murray Esq"" be and hereby Is Impowered to Issue Legislative 
a "Warrant to Some Principal Inhabitant of the Town of Petersham Records of the 

T J 1 /-I H TTT T-» •• 1- T !•-»«-• COUUCll, XX., 

in the County oi Worcester Kequiring him In his Majestys name to '-248. Mass. 
warn and Notifye the Said Inhabitants Qualifyed to vote In Town ^xvlI^gI'. 
affairs that they meet Together at Such time and Place In Said Town House Jour, 
as by Said "Warrant shall be appointed to Chuse Such Officers as Towns ?.ai. pp- i^. is. 
Chuse In the month of march Annually and Said Officers Shall be Laws, iii., 731, 
Enjoyned to Take the oaths now Eequired by Law to be Taken by ^^^l; ^^'' "*^' 
Town Officers as also to Transact Such other Matters & things relat- 
ing to High Ways &c as may be Expressed in S'' Warrant. \^Passed 
June 4. 



CHAPTER 12. 

ORDER IMPOWERING THE COLLECTORS OF BERKLEY TO COLLECT 

TAXES. 

A Petition of the Select Men of the Town of Berkley, shewing Legislative 
that in the Month of March 1752, Ebenezer French was chosen Con- ^^^i°'c1f,xx?^ 
stable of the said Town, and in March 1753, Benaiah Babbet was 24s. Mass." 
chosen Constable, and they both had the Eate Lists & Warrants of c-xvi.^elv! 
their respective Years committed to them, for gathering the Taxes, House Jour, 
a great part of which they have already collected and paid in, but prJjv'jJic"' ^"' 
for as much as Disputes are arisen amonsr the Inhabitants about their Laws,ii.,i8i, 

^ ® chap. 6. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 1. 



174 Peovince Laws (Resolves, etc.) . — 1754-55. [Chaps. 13, 14.] 

being legally sworn, praying that the said Constables may be con- 
firmed in their Office, that so they may be enabled to gather in the 
Remainder of their Taxes, 

Read & 

Ordered i\i2it Eben" French & Benj* ' Babbit the Constables within 
mentioned be & hereby are Impowered to Collect the Several Sums 
Committed to them to Collect for the Years 1752 & 1753. & Com- 
pleat the Same in as full & Ample a manner as if they had been 
Sworn in due form According to Law Provided the Said Eben"' 
French & Benj^" ' Babbit do now take the Oaths by Law required 
by Law for Constables to take And Shall Also be Accountable to 
the Respective Treasurers for the Moneys Committed to them to 
Collect. \_Passed June 4. 



CHAPTER 13. 

ORDER IMPOWERING WILLIAM & SARAH UPTON, ADM^s^ TO EXECUTE A 

DEED. 

Rlfords^onhe ^ Petition of William Upton & Sarah his Wife, Administ^ of 
Council, XX., the Estate of Benjamin Herrick late of Lyn dec'^ her former Hus- 
Archive8?xix., band, shewing that the said Benjamin in his Life time, became bound 
1^-- to his Brother Samuel Herrick to give him a Deed of two Acres of 

Mass. Cedar Swamp, but died before the Matter was effected, Praying that 

uif'^House ^■' the Petitioners may be impowered by this Court to give the said 
Journal, pp. 12, Deed, and thereby discharge the said Bond. 
Read & 

Ordered that the prayer of the petition be granted And that the 
petitioners in their Capacity of Administrators to the Estate of Benj^ 
Herrick Late of Lynn Dec"^ be & hereby are Impowered to make & 
Execute a good & sufficient Deed of the Two Acres of Cedar Swamp 
mentioned in the petition to Samuel Herrick his Heirs & assigns pur- 
suant to the Covenant & agreement of S*^ Deceased & take up S'^ Cov- 
enant of Security Accordingly provided that they give Security to 
Account for the proceeds Coming thereby pursuant to Law. \^Passed 
June 4. 

CHAPTER 14. 

VOTE FOR AUGMENTING THE FORCES. 

Eefords^ofthe ^^'^ ^^® House of Represent* 

Council, XX., The House having taken into Mature Deliberation his Excellencys 
Archi^ves?" Mcssage of this Day to both Houses respecting An Augmentation of 
cyiii-, 611.. the forces Ordered to Attend his Excellency to the Eastern parts of 
Legislative this provincc & to build a Fort on Kenebeck River &c 
coSxx!, Voted that his Excellency the Cap" General be desired forthwith 

LaWsTm.Isisf to give Orders for the Enlistment of Three Hundred men Including 
note. 'Ante, ' Officers in Addition to the five Hundred men Already Enlisted that 
m*^' ''^^^' the Officers & Soldiers be Under the Same Restrictions & Limitations 

have the Same bounty Money pay & Subsistance & so Continue in the 

service for the same term of time. 

In Council Read & Concur'd.^ [Passed June 5. 

* The House Journal, p. 17, reads, " Benaijah Babbit." 
^ Not found in the House Journal. 



risT Sess.] Province Laws {Resolves^ etc.). — 1754-55. 175 



CHAPTER 15. 

ORDER IMPOWERING ICHABOD AMMIDOWN AND MARY RAWSON, EXEC- 
UTORS, TO SELL AN ESTATE. 

A Petition of Ichabod Ammidown & Mary Rawson Executors of ^fords"ome 
the last Will and Testament of Samuel Morse, late of Mendon dec'^ council, xx., 

• ^^50 Mass 

setting forth the decayed & ruinous State of the dwelling House of Archives, xix., 

the said Testator, and praying for Liberty from this Court to make iM: 

Sale of the said House. m--.^^^ ^^^ 

Read & 143. House 

Ordered that the prayer of the Petition be granted And that the ig^^fs"^^'^^''^^' 
Pet" in the Capacity within Mentioned be Impowered to make Sale 
of the House Mentioned in y® petition for the Most the Same will 
fetch & make Ample Conveyance thereof in the Law They giving 
sufl&cient Caution to the Judge of Probate for the County of Worces- 
ter to Apply the money Arising by S*^ Sale for the L^se and benefit 
of the persons Interested in S*^ House According to the last Will of 
the S*^ Samuel Morse Deceased. [^Passed June 5. 



CHAPTEE 16. 

VOTE IMPOWERING HANNAH SCAMMON & ICHABOD GOODWIN, ADM^^, TO 

EXECUTE A DEED. 

A Petition of Hannah Scammon & Ichabod Goodwin Administ" Record "of the 
on the Estate of James Scammon late of Biddeford in the County ^j^^j^i^^g^"' 
of York dec*^ shewing that the said James in his Life time made an Archives, ' 

Agreement with one John Hill to make an Exchange of a certain ^^^^•' ^^"' 

Tract of Land lying in Biddeford for another Tract of Land lying Archives, 
in Scarboro; and the said Scammon took Possession of the Land, xivi.,3^.' 
coming to him by the Exchange, but died without executing the nai, pp. 19, ci. 
Deed for the Exchange, Praying that the Petitioners may be im- 
powered by this Court to execute the said Instrument; 

Read & 

Voted that the Petitioners in the Capacity of Administrators on 
the Estate of James Scammon Late of Biddeford Deceased be Au- 
thorized & Impowered to make & Execute a Good & Ample Deed 
of Sale Unto Joseph Hill of the Land & premisses Lying in Scar- 
borough Mentioned in the petition. {Passed June 6. 



CHAPTER 17. 

ORDER ACCEPTING REPORT OF COMMITTEE ON ADDITIONAL INSTRUC- 
TIONS TO THE COMMISSIONERS AT ALBANY. 

1. This Court having had Intelligence of a Design formed by the Legislative 
French, of erecting a Fortress on a rocky Eminence near Fort S* councif, xx^f^ 
Frederick at Crown point, w*^*" wou'd be a further daring incroach- 254. Mass. 
ment on His Majesty's Territories, and of very dangerous Conse- 471. ' ' 



176 



Province Laws {Resolves, etc.). — 1754-55. [Chap. 18.] 



Legislative 
Records of the 
Council, XX., 
229. House 
Journal, p. 21. 
Ante, p. lo7, 
chap. 367. 



quence ; It is therefore expected, that you urge it upon the Commiss" 
as a matter of y® greatest Importance to all His Majesty's Colonies 
on the Continent, that the most effectual measures be speedily taken 
to prevent the Execution of that Design: And particularly You are 
to use your utmost Endeavours that a Strong Fortress be built & 
maintained at y^ common Expense of the confederate Governm** 
either on the Eminence above described, or in some other advanta- 
geous place near to Fort S' Frederick. 

2. As the Trade of late carried on w**^ the French at Louisbourg 
& Canada have prov'd of pernicious Consequence to His Majesty's 
northern Colonies, The French (and thro them the Indian Enemy 
likewise) being thereby supplied w^^ Provisions of all kinds; You 
are therefore in Conjunction w'^ y^ oth'' Comniiss" to consider of 
some proper measures to be taken by the several Governm^% effect- 
ually to prevent such Trade for the future. 

3. You are to use your best Endeavours with the other Commiss", 
that the Indian Trade be regulated in such a manner, as may best 
secure the Advantages of it to His Majesty's Subjects 

4. As the important Ends of y® proposed Confederacy cannot be 
attained without a steady union of Counsels; You are to Endeavour 
that hereafter the several confederate Governm*^* by their Commiss" 
have stated Interviews (either Annually or otherwise as the present 
Commiss" shall judge to be necessary) and that y® place or places as 
well as the Times for such Interviews be agreed on & ascertain'd. 

Beist^ Lynde ^ ord'' 
Eead & 

Ordered that the foregoing Instructions be given to Said Com- 
missioners in addition to those already given them. \^Passed June 6.^ 



CHAPTER 18. 



Legislative 
Records of the 
Council, XX., 
252. Mass. 
Archives, 
xliii.,866. 

House Jour- 
nal, p. 23. 
Province 
Laws, iil., 64, 
chap. 32. 



ORDER ADJOURNING THE INFERIOR COURT OF COMMON PLEAS OF 
SUFFOLK COUNTY. 

Whereas by Law the Inferior Court of Common Pleas for the 
County of Suffolk ought to be held on the first Tuesday of July 
next at which time it is probable that several of the Justices of 
said Court will be absent in the Service of the Province. It 

is therefore 

Ordered That the said Inferior Court of Common Pleas be and 
hereby is adjourned to the fourth Tuesday of July next and the 
said Court shall be then held accordingly And all Writts Pleas War- 
rants Eecognizances Processes matters & Things whatsoever are to 
be heard adjudged & determined at that time as fully to all intents 
& purposes as if the said Court was held on the first Tuesday of July 
as usual, heretofore. [Passed June 7. 

> This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is June 8. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1754-55. 177 



CHAPTEE 19. 

ORDER DIRECTING COMMISS^s TO ALBANY TO INQUIRE ABOUT LANDS 
PURCHASED OF INDIANS. 

In the House of Represent Legislative 

Whereas Information hath been given to this House that Certain council, xx., 
persons belonging to the Towns of Stockbridge Sheffield Springfield ArcMv^esT" 
and Westfield have in a Clandestine & Illegal manner purchased of ^xxii., os'a. 
one or more of the Stockbridge Indians About Nine thousand Acres ^°^^^ '^i^u 
of the Unappropriated Lands of the province paid a Considerable ^n^e^p'.i^, " 
Sum of Money therefor Plan d Allotted & drawn the same '^''^P' ^*^" . 

Therefor 

Ordered That the Commissioners Appointed to appear at the 
Interview at Albany be directed to make Strict Inquiry into Said 
facts with full power to Send for persons & papers as they Shall 
Judge Necessary And make report to this Court 

In Council Read & Concured. \^Passed June 7.' 



CHAPTER 20. 

ORDER ANNEXING THE 2*'» PRECINCT OF PEMBROKE, MADE UP OUT 
OF SEVERAL TOWNS, TO THE TOWN OF PEMBROKE. 

A Petition of Elijah Cushing Esq'' Agent for the second Pre- Legislative 
cinct in Pembroke, shewing that the said Precinct is made up out councu^ xx^*^^ 
of four several Towns, besides Pembroke, which is a great Incon- 254. Mass. '' 
venience ; and for as much as the Inhabitants in General are more tl^\^!'^m. 
advantagiously situated for an Union with Pembroke than any other Mass. ^ 

Towns, Praying that the whole Precinct may be united to the Town ^xv^^^le 
of Pembroke accordingly. House Jo'ur- 

X>r.^A i. iial,pp.21,22, 

Jtteaa a- 23. Province 

Ordered that the prayer of the petition be granted and that the ^baT'g^'""'^^^" 
pet" with their Estates Comprehended within the bounds of s'* Pre- 
cinct be to all Intents & purposes Annexed to & made part of the 
Town of Pembrook that to this time they pay their Respective pro- 
portions to all Taxes Already made & Granted & that the Several 
Towns to which S'^ Pet" belonged be Abated in the province Tax 
in proportion to whet the pet" with their Estates paid in the last 
province Tax & that the Same be laid on the Town of Pembrook. 
[Passed June 7.^ 

CHAPTER 21. 

VOTE DIRECTING THE COMMISS^s TO INQUIRE ABOUT INDIAN CLAIMS 

WESTWARD. 
Voted Legislative 

That the Gentlemen appointed by this Court Commissioners, To council, xx., 
Treat with the Commissioners of the Government of New York Archives?' 
respecting the boundary lines of these Governments, be directed xxxu., 536. 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is June 8. 

^ This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is June 8. 



178 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 22-24.] 



House Jour- 
nal, p. 25. 
Ante, p. 157, 
chap. 367. 



to enquire into any Indian Claim, or Claims, to any land that lye 
west of Connecticut River within this Province, & Endeavour to 
Quiet them as to said Claims, & to report to this Court, at their 
next session, what they think proper to be done respecting the Prem- 
isses. \^Passed June 8. 



Legislative 
Records of the 
Council, XX., 
255. Mass. 
Archives, 
ccxlviii., 84. 

House Jour- 
nal, pp. 9, 26. 



Legislative 
Records of the 
Council, XX., 
256. 

House Jour- 
nal, p. 27. 



CHAPTER 22. 

ORDER ALLOWING THE ACCC^ OF THE TREASURER OF BARNSTABLE 

COUNTY. 

An Acompt presented by M'' Jonathan Bacon, Treasurer of the 
County of Barnstable for the Year 1753, Having been by him laid 
before the Court of General Sessions of the Peace for the said 
County & by them allow'd. 

Read Accepted and 

Ordered that this Account be allowed & that the Ballance thereof 
being Five pounds sixteen Shillings & ten pence three farthings the 
said Treasurer be further Accountable to said County for. [Passed 
June 10. 



CHAPTEE 23. 

ORDER APPOINTING A COM^^^^ FOR BURNING BILLS OF CREDIT & GOV- 
ERNMENT SECURITIES. 

In the House of Representatives ; 
Ordered that M' Speaker, Capt Joseph Williams, Col° Brattle, 
M' James Russell, & M'' Gibbs of Salem, together with such as the 
Hon''''' Board shall join, be a Committee to take an Accompt of the 
Bills of Credit of the several Denominations, and the Government 
Securities now in the Hands of the Treasurer, and consume them to 
Ashes, and report thereon to the next Session of this Court: In 

Council; Read & Concur'd; and John Osborne, Samuel AYatts, John 
Wheelwright, and Andrew Oliver Esq" are joined in the Affair. 
[Passed June 10. 



CHAPTER 24. 



Legislative 
Records of the 
Council, XX., 
256. 

House Jour- 
nal, pp. 9, 25. 



ORDER ALLOWING THE ACCO^ OF THE TREASURER OF ESSEX COUNTY. 

An Accompt presented by Daniel Appleton Esq' Treasurer of the 
County of Essex for the Year 1753, Having been by him presented 
to the Court of General Sessions of the Peace for the said County, 
and by them allowed. 

Read & Accepted; and 

Ordered that this Accompt be allowed, and that the Ballance 
thereof being Two hundred & eighteen Pounds, one shilling & five 
pence three farthings the said Treasurer be further accountable to 
said County for. [Passed June 10. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 179 



CHAPTEE 25. 

RESOLVE DECLARING THE DIVISION OF LANDS IN TOWNSHIP OF PON- 
TOOSUCK NULL AND VOID. 

On the Petition of Jacob Wendell Esq' {ante, p. 156, chap. 363] ^^f^^rdsonhe 
Eead with the Answers & other Papers in the Case; i& it not council, xx., 
appearing by the Papers upon File in the Superior Court that Archives?' 
Charles Goodrich who petitioned for the division of the within cxvi., 494. 
mentioned Lands had any authority from the other proprietors so House Jour, 
to do ; but on the contrary by his own declaration upon Oath in ^nte^'-p.'ib^, 
the Case, that He was the only person who petitioned therefor: ^^^^p-^^s. 
and it likewise appearing that four only of the five persons ap- 
pointed by the Superiour Court for that purpose ever attended the 
Service 

Resolved that the division made of said Lands is of course null 
& void & the same is declared to be null & void accordingly. [Passed 
June 11. 



CHAPTER 26. 

ORDER ALLOWING BENJ'^ DAVIS A BOUNTY ON INDIGO. 

A Petition of Benjamin Davis of Oxford, shewing that he has Legislative 
at a considerable Expence gotten a perfect Understanding of the councif xx*^^ 
Method of making Indigo, and has made a small Quantity of the 107,257.' Mass. 
best kind of Indigo ; and for as much as his engaging in this Man- 403. ' '' 
ufacture will be attended with great Charge to himself, therefore House Jour- 
praying that he may have the sole Benefit of making it within this ^December 
Province for a Term of Years. 1753) ; pp. 12, 29. 

The Committee on the Petition of Benjamin Davis, Praying for 
an exclusive Priviledge of making Indigo, for a Certain Term of 
Years, humbly report it as their Opinion, That such a Priviledge 
(excluding all others) instead of serving the Province might really 
prejudice it; But in as much as the Petitioner has been first in the 
Projection, and has expended Time & Money in obtaining that Skill; 
and also that the Manufacture, (if brought to Perfection), would be 
of great Benefit, It is therefore proposed that the Petitioner be allowed 
a Bounty of Twelve pence on every Pound he shall manufacture for 
the Space of Five Years, next coming, to be paid from time to time 
out of the Province Treasury, on Oath by him made before two Jus- 
tices of the Peace Quorum Unus, that the said Indigo was of the 
Growth of this Province and Manufactured by him; and that he 
had not received any Bounty for the Same, or any part thereof ; a 
Certificate whereof to be produced under the Hands of the Justices, 
administring the same, and also that such Indigo upon any Assay of 
the goodness thereof, made by one or more skilful Persons, has been 
by him or them approved as good & well manufactured ; Which 

is Submitted per Benj'^ Lynde per Order, 

Read Accepted and 

Ordered, That the Petitioner Benj^ Davis be allowed a Bounty of 
twelve pence on every pound of Indigo he shall manufacture for the 
space of five years next coming to be paid from time to time out of 
the province Treasury on Oath by him made before two Justices of 



180 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 27, 28.] 



the Peace Quorum Unus, That the said Indigo was of the Growth 
of this Province and manufactured by him, And that he had not 
received any Bounty for the same or any part thereof, a Certificate 
whereof to be produced under the Hands of the Justices Admin- 
istring the same, And Also that such Indigo (upon an Assay of the 
goodness there of made by one or more skilfull persons to be ap- 
pointed by Such Justices) has been by him or them approved as good 
and well manufactured. [^Passed June 11. 



CHAPTEK 27. 



ORDER ALLOWING £6 AND A FURTHER SUM OF £3 ANNUALLY TO ROB' 

MILLER. 



Legislative 
Records of the 
Council, XX., 
257. Mass. 
Archives, 
Ixxiv., 195. 

Mass. 
Archives, 
Ixxiv., 195. 
House Jour- 
nal, pp. 28, 29, 



A Petition of Eobert Miller of Phillips Town in the County of 
York, shewing that in the Seige of Louisbourgh he lost his Arm, 
by a Cannon Shot, and is thereby become a Cripple, and able to do 
but little for the Support of himself & Family ; Praying for Relief 
from this Court. 

Eead and 

Ordered That the Petitioner be allowed out of the Province Treas- 
ury Six Pounds to be paid to Coll° John Storer for his use ; And That 
he be also allowed three pounds yearly, during the pleasure of this 
Court. \Passed June 11. 



CHAPTEE 28. 



ORDER IMPOWERING WILLIAM SHEAF, GUARDIAN, TO SELL LANDS AND 
MAKING PROVISIONS IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, XX., 

258. Mass. 
Archives, xix., 
150. 

Mass. 

Archives, xix., 
148,149. House 
Journal, p. 31. 



A Petition of William Sheaf, Guardian to Margaret Child, a 
Minor, Daughter to Thomas Child late of Boston dec*^ shewing 
that the said Minor, and other the Heirs of the said Thomas Child, 
are Owners of a considerable Quantity of Lands in the Towns of 
Sutton & Rutland, which as they now ly, are of no Profit to said 
Minor, Therefore Praying that he may be impowered by this Court 
to join with the rest of the Heirs in the Sale of the said Land. 

Read and 

Ordered that this Petition be revived and that the Prayer thereof 
be granted and that the Petitioner in his said Capacity be and he 
is hereby authorized (in conjunction with the other Persons Inter- 
ested) to make Sale of the Lands in the said Petition mentioned, 
and to give and execute a good and sufficient Deed or Deeds of 
Conveyance of the same he first giving due caution to the Judge 
of Probate for the County of Worcester that he shall account for 
the proceeds of such Sale either with the Judge of Probate for the 
Time being for said County or to the Parties Interested (for their 
respective Proportions of the same) when thereunto lawfully re- 
quired: The Widdow of the said Deceased (in Case she shall join 
in the Sale of the Premisses) to have the use or Interest of one 
third part of the proceeds of such Sale during the Term of her 
natural Life. \_Passed June 11. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1754-55. 181 



CHAPTEK 29. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLESEX 

COUNTY. 

An Accompt presented by Daniel Eussell Esq' Treasurer of the Legislative 
County of Middlesex for the Year 1753, Having been by him laid coundf, xx^^ 
before the Court of General Sessions of the Peace for said County 258. Mass! *' 
and by them allowed, cc^xIv^iIl^ss. 

Read and House Jour- 

Ordered That this Accompt be allowed (excepting one Article nai, pp. 9, 3i. 
of Two Pounds paid Eich*^ Foster Esq' Sherriff of s^ County, which 
he is to repay the said Treasurer) and there will then remain a Bal- 
lance of one hundred & Ninety Eight Pounds one Shilling and ten 
pence due to said County which Ballance the s*^ Treasurer is further 
Accountable to y* s'' County for. {^Passed June 11. 



CHAPTER 30. 

ORDER DESIRING THE CAP^ GENERAL TO INCREASE THE GARRISON Legislative 

AT FORT MASSACHUSETTS. Records of the 

Council, XX., 
260. Mass. 

A Memorial of Capt Elisha Chapin, Commander of Fort Mas- ^xi^^'^Tgo 
sachusetts, setting out the exposed Situation of the said Fort in rr — - — '■ — 
Case of a Rupture with the Indians, and the smalness of the Gar- Archives, 
rison at present, and praying for a Reinforcement thereof ; Legislative 

Read, and . Records of the 

Ordered ' That the Cap*' General be desired to make an Addition es^ "52.' House 
of five men to the Forces already posted at Fort Massachusetts. Journal, p. 32. 
[Passed June 12. 



CHAPTER 31. 

ORDER ALLOWING THE ACCO^ OF THE TREASURER OF SUFFOLK CO. 

An Accompt presented by Joshua Winslow, Treasurer of the Legislative 
County of Suffolk, appointed for part of the last Year in the room eoundf xx*^^ 
of his Father Edward Winslow Esq' dec<^ having been by him laid 2go. Mas's! '' 
before the Court of General Sessions of the Peace and by them 4^ivm!!'87. 

allowed, • House Jour. 

Read and nai, pp. 9, 35. 

Ordered That this Accompt be allowed & That the Ballance chap. 225. ' 
thereof being three pounds seventeen shillings Due from the late 
Treasurer Joshua Winslow Esq'' he be accountable to Richard Bill 
Esq' the pres* Treasurer, for, which Sum together with the further 
Sum of one hundred and thirty four pounds fifteen shillings & ten 
pence, the said Rich*^ Bill Esq' be accountable to the s*^ County for. 
\Passed June 12. 

^ The House Journal, p. 32, reads, " Resolved." 



182 



Province Laws {Resolves, etc.) . — 1754-55. [Chaps. 32-34.] 



CHAPTEE 32. 



ORDER IMPOWERING ISRAEL MEAD, GUARDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, XX., 
260. Mass. 
Archives, xix., 
134. 

Mass. 

Archives, xix., 
133. House 
Journal, pp. 32, 
34. 



A Petition of Israel Mead Guardian of the Children of John 
Mead, late of Coventry dec*^ praying to be impowered to sell Forty 
Acres out of 300 Acres of unimproved Land at Housatannuck, 
belonging to the said Children, they being unable to perform the 
Conditions of holding it in any other Way. 

Eead & 

Ordered That the prayer of the petition be granted, and that the 
petitioner be, & is hereby impowered to make sale of forty Acres 
of said Land to such person or persons as shall appear to give most 
for the same, and to execute a good & sufficient deed thereof in the 
Law. provided the said petitioner shall give sufficient caution to the 
Judge of probates for the County of Hampshire for the Use of this 
Goverment that the produce of the sale of said Land shall be applyed 
to bring forward the settlement of said Eight as is enjoyned by this 
Court. \^Passed June 12. 



CHAPTEE 33. 



ORDER ALLOWING WILLIAM BOARDMAN FURTHER TIME TO COLLECT 
TAXES IN CHELSEA. 



Legislative 
Records of the 
Council, XX., 
260. Mass. 
Archives, 
xliv., 3. 

Mass. 
Archives, 
xliv., 1. 
House Jour- 
nal, pp. 29, 34. 
Ante, p. 23, 
chap. 39. 



A Petition of "William Boardman late Constable in Chelsea, 
shewing that by Means of some unexpected Disappointments he 
has not been able to fulfill his Engagements to pay into the pub- 
lick Treasury the Province Tax committed to him to collect, ac- 
cording to time, praying for some further Indulgence from this 
Court. 

Eead & 

Ordered That the Prayer of the Pet° be so far granted as that 
upon the Pet" in one month's time paying into the Province Treas- 
ury Sixty Pounds which he therein declares he will pay in a few 
days The Province Treasurer be and hereby is directed to delay 
for six months putting in suit the Bond given by the Pef^ with sureties 
to s'^ Treasurer as a Security for the payment of the Sum therein men- 
tioned. \_Passed June 12. 



CHAPTEE 34. 



ORDER IMPOWERING MARY BAILEY, EXECUTRIX, TO SELL REAL 

ESTATE. 



Legislative 
Records of the 
Council, XX., 
261. Mass. 
Archives, xix., 
129. 

Mass. 

Archives, xix., - • . , _- ,-_, 

1-28, 130. House to sell the said Eeal Estate. 



A Petition of Mary Bailey Daughter and Sole Executrix of the 
last Will & Testament of Margaret Pastee dec*^ shewing that by her 
said Will, she disposed of all her Personal Estate, and ordered that 
her Debts should be paid out of her real Estate, but gave no Power 
for selling it. Praying that this Court would give the Petitioner Power 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 183 

Read & sf'^'^p^o'v.^^* 

Ordered That the Prayer of the Petition be so far granted as that ince Laws, 
the said Mary in her Capacity of Executrix as therein mentioned be io! ^^^' ^'^'^^'" 
impowered to make sale of the house & Land in said Pet"^ mentioned 
for the most they will fetch & to give a sufficient Deed or Deeds of 
the same she observing the Rules and Directions in the Law for the 
Sale of Intestates Estates & giving sufficient caution to the Judge 
of Probate for the County of Suffolk, that the Produce thereof shall 
be applied for the payment of the just Debts & Funeral Charges of 
S^ dec'^ & the Remainder thereof to be divided according to the Direc- 
tions of her said Testatrix in her Will therein mentioned. [^Passed 
June 12.^ 



CHAPTER 35. 

RESOLVE CONSTRUING THE VOTE IN REGARD TO THE SALE OF LAND 
MADE TO M» JOSEPH LEE, AND DIRECTING THAT A WARRANTY DEED 
BE GIVEN, EXCEPT AS STATED AT THE SALE. 

Inasmuch as a Tax of one half peney per acre for the Term of ^®^^®^^""^f .u 
three Years was by this Court layed upon the Unimproved Lands council, xx., 
in the Township of Sunderland in Dec^'' last, at which time there Archi^es^^' 
was a Tract of 5,850 acres of Unappropriated Lands Lying near xivi., 366. 
Or adioining to Millers River, which this Court afterward ordered House Jour- 
to be Sold to the highest Bidder and the Same was accordingly Sold Ante,v. 75, 
to m"' Joseph Lee he being enjoined by the Conditions of Sale to '^^{ chap. 
Settle ten Families upon the Same with in the term of three years: 353. 
And whereas the Committee are on account of Said Tax under Some 
Difficulty in Making a Deed in the Usual form for Said Land and 
warranting the Same free and Clear of all Incumberances as the Pur- 
chaser expects, therefore 

Resolved that it Never was the Intent of the Court to Subject any 
of the Unappropriated Lands of the province by Such Vote, And as 
the Conditions of Sale enjoined on the purchaser a Duty which will 
be of equal importance with the Tax to the Town or Distrect where 
Said land lyes 

Resolvedih.n.t the Committee appointed to Sell the Same be Directed 
to give a good and Sufficient Deed therefor in the Usual form and 
"Warrant the Same free from all Other Incumberances excepting Such 
as were Expressly Stipulated at the time of Sale And the Assessors 
where the said land lies, are hereby Ordered to conform themselves 
Accordingly. [Passed Ju7ie 13. 



CTTAT>nnTfT? Qr^ Legislative 

xl^^irlJLrC DO. Records of the 

Council, XX., 

262. Mass. 
VOTE FOR AN ADDITION TO THE GARRISON AT FORT MASSACHUSETTS. Archives, 

Ixxiv., 201. 



Voted, That the Cap' General be desired to order an addition Elfordfonhe 
of five men to the Forces already ordered at Fort Massachusetts. Council, xx., 

r r> 7 T ■/ ^ 261. House 

\ Passed June 13. journal, p. 37. 

Ante, p. 181, 
1 This date is according to Mass. Archives and the House Journal ; according to Legis- chap. 30, 
lative Records of the Council the date is June 13. 



184 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 37-40.] 



Legislative 
Records of the 
Council, XX., 
262. Mass. 
Archives, 
Ixxiv., 200. 

Legislative 
Records of the 
Council, XX., 
254. House 
Journal, p. 36. 



CHAPTEK 37. 

ORDER FOR PURCHASING 2,500 FIRE ARMS. 

Ordered, That two thousand five hundred good Fire Arms be pur- 
chased as soon as may be, and that the same be distributed into the 
several Towns in this Province in proportion to their respective Prov- 
ince Taxes. [^Passed June 13. 



CHAPTER 38. 



Mass. 
Archives, 
cxvi., 667. 



House Jour- 
nal, jj. 40. 
Province 
Lavsrs,ii.,660, 
chap. 10. 



VOTE ANNEXING PART OF NOTTINGHAM TO DUNSTABLE. 

Inasmuch as Nottingham was part of Dunstable & in the Prov- 
ince of the Massachusetts Bay but by running of the line between 
this Goverment & new Hampshire there is but a very small part of 
nottingham now lying in this Province quite uncapable of being 
made a district, but very commodious to be laid to Dunstable 

Voted that that part of Nottingham now lying in this Province be & 
hereby is laid to & accounted as part of the town of Dunstable there in 
every respect to do duty & receive priveledge. {^Passed June 14. 



CHAPTER 39. 

Legislative VOTE ALLOWING £5. 10 PER MONTH TO THE CHAPLAIN OF THE FORCES 
CouDcn'xx.!'^ EASTWARD. 

263. Mass. 

Archives, xiii., Voted, That the Sum of five pounds ten shillings ^ month be 

Legislative allowed to the Person who shall be employed as Chaplain to the 

Records of the Porccs destined for the Eastern Service under the Comand of ColP 

254. Ho'u'se '* Winslow. \ Passed June 14. 

Journal, p. 40. 



CHAPTER 40. 



Legislative 
Records of the 
Council, XX., 
263. Mass. 
Archives, 
Ixxiv., 202. 

House Jour- 
nal, p. 39. 
Stipra, chap. 
37. 



ORDER FOR FIRE ARMS FOR CASTLE WILLIAM. 

Ordered That Six hundred Fire Arms, part of the two thousand 
five hundred already agreed to be purchased for the use of this Prov- 
ince, and to be distributed to the several Towns, be aijpropriated to 
the use of his Majesties Castle William, and that the same be deposited 
therein. [Passed June 14. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1754-55. 185 



CHAPTEK 41. 

ORDER IMPOWERING JAMES THOMAS, INDIAN, TO GIVE DEED. Legislative 

Records of the 

Whereas it appears That the afores"^ respondent James Thomas 215. Mass". '' 
in his answer to Kath. Sachemus's Petition [which was dismissed], xxxii^*53i. 
does himself Petition this Court that he may be impower'd to give u&s%. 
a Deed of Confirmation to the Heirs of Xeheniiah Washburn of -'^^'^}??'^^4; _„., 
Lands sold by the s*^ James's Father to the s'^ Washbourn ; There- Legisiative 

f „,,„ Records of the 

•■-"^^ Council, XX., 

Ordered That the Pef James Thomas W"" the assistance of the ^''o^^j.iSr^^ 
Guardians of the Tetticut Indians be impowered to make a good pp. '234a,' 250 
Deed (in Law) of Confirmation to Josiah Dean one of the Heirs of pfs^" pro^in'ce 
the said Nehemiah Washbourn of the Lands mentioned in said Peti- Laws, xiv., 718, 
tion, and to see that Justice be done to all Parties in the sale thereof. Antl',^-^'^, 
IPassed June 14. "^^^^ ^^s- 



CHAPTER 42. 

ORDER WITH STAY OF EXECUTION ON THE PETITION OF THO^ 
FLETCHER TO ENTER AN APPEAL. 

On THE Petition of Thomas Fletcher, \^ante^ p. 48, chap. 106] R^^^rdf^f^th 
Eead and Accepted and Council, xx., 

Ordered that the Prayer of the Petition be granted and that upon Archfves,^' 
the Petitioners giving Sufficient Caution to the Sheriff of the County xiiii-, 762. 
of Suffolk to pay such Sum as shall finally be Adjudged due to George Mass. 
Euggles therein Named upon the Action mentioned, the Execution xim.,^7.59.' 
issued against the Petitioner be staid and that the Petitioner be enabled ^a^M^ 103"'^' 
to appeal from from ' the Jndgm* of the Inferiour Court in the County (December, 
of Suffolk to the Superiour Court of Judicature Court of Assize & \\. AnFe',^' ' 
General Goal Delivery next to be holden within and for the County i^g*.^' *^^'^^" 
of Suffolk he Entering his Appeal in the Clerks Office of the said 
Inferiour Court fourteen days before the Sitting of the Court appealed 
to and giving Bond before one of the Justices of the said Inferiour 
Court (in the usual Form '' to prosecute the said Appeal to Effect and 
that the Justices of the said Superiour Court be impowered and 
directed to hear and determine the Cause aforesaid give Judgm* 
therein and award Execution thereon as they might have done had 
such Appeal been made and prosecuted in time and Manner as by 
Law is prescribed & no Default had been made. [Passed Jtme 14. 



CHAPTER 43. 

VOTE ELECTING DAN^- RUSSELL, ESQ«, COMMISSI OF IMPOST. 

The TWO Houses proceeding this Day to the Election of a Com- Legislative 
missioner or Receiver [of] ' the Duties of Impost for this present coundf,xx?^ 
Year ; 264. Mass! "' 

1 Sic. 

^ Sic, as to absence of parenthesis. 

^ Inserted from Legislative Records of the Council, xx., 264. 



186 



Archives, Ixv. 
42^ 

House Jour- , 
nal, p. 41. 



Peovince Laws {Resolves, etc.). — 1754-55. [Chaps. 44-46.] 

Daniel Eussell Esq"" was duly elected by the Votes of the Major 
Part of the Council & House of Eepresent"^' to the said Office. 
\_Pas8ed June 15. 



CHAPTER 44. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, &c^, 
IN SUFFOLK COUNTY. 

Legislative In the House of Eepresentatives : 

couiTcii^.xx., ^ Fo^efZ that James Allen »& Joseph Richards Esq''^ with such as 

-^ the Hon'''® Board shall join, be a Committee to farm out the Excise 

House Jour- q^ rpca, Coffec & China Ware for the County of Suffolk, 

Pro'vmce In Council; Read & Concur'd, And John Erving Esq'' is joined 

Laws. iii., 816, .^ ^^g ^£f^.^^ IPassed June 15. 



CHAPTER 45. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, &c, 

IN ESSEX COUNTY. 



Legislative 
Records of the 
Council, XX., 
265. 

House Jour- 
nal, p. 42. 



In the House of Representatives ; 

Voted that Henry Gibbs & Joseph Gerrish Esq" with such as the 
Hon'''"' Board shall join, be a Committee to farm out the Excise on 
Tea, Coffee & China Ware, for the County of Essex, 

In Council; Read & Concur'd; And Thomas Berry Esq'' is joined 
in the Affair. \^Passed June 15. 



CHAPTER 46. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, &c, 
IN MIDDLESEX COUNTY. 



Legislative 
Records of the 
Council, XX., 
265. 

House Jour- 
nal, p. 42. 



In the House of Representatives; 

Voted that William Brattle Esq' & M' James Russell, with such 
as the Hon^'® Board shall join, be a Com''® to farm out the Excise 
on Tea, Coffee & China Ware; for the County of Middlesex, 

In Council; Read & Concur'd; And Ezekiel Chever Esq'" is joined 
in the Affair. \^Passed June 15. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1754-55. 187 



CHAPTEK 47. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, &c, 
IN HAMPSHIRE COUNTY. 

In the House of Eepresentatives Legislative 

Voted that Joseph Hawley Esq'' and Cap' Moses Marsh with couucif.xx., ^ 

such as the Hon''^^ Board shall join be a Committee to farm out the Archwes^" 
Excise on Tea Coffee & China Ware for the County of Hampshire cxix., 672. 

In Council Read & Concur'd & Eleazer Porter Esq"^ is joined in House Jour- 
the Affair. [Passed June 15. nai,p.42. 



CHAPTER 48. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, &c, 
IN WORCESTER COUNTY. 

In the House of Representatives R^^^^^d^^^f th 

Voted that William Richardson Esq"" and Cap* Nathan Tyler with council, xx., 
such as the Hon^'® Board shall join be a Committee to Farm out the ArcMv^es^cxx., 

Excise on Tea Coffee and China Ware for the County of Worcester '^^^i 

In Council Read and Concur'd and Joseph Wilder Esq"^ is ioined House .jour- 
m the Affair. [Fassed June 15. 



CHAPTEE 49. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, &c, 
IN PLYMOUTH COUNTY. 

In the House of Representatives Legislative 

Voted that Thomas Foster & Gamaliel Bradford Esq" with council^ xx., ^ 

such as the Hon'''® Board shall join be a Com*®® to farm out the ArcMves^^' 
Excise on Tea Coffee & China ware for the County of Plymouth cxtx., 673. 

In Council; Read & Concur'd, And John Cushing Esq"" is joined House Jour- 
in the Affair. [Passed June 15. ^^^' »• *"^- 



CHAPTER 50. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, &c, 
IN BARNSTABLE COUNTY. 

In the House of Representatives; R^^^^d"^! th 

Fo^ef? that James Otis, and David Crocker Esq" with such as the council, xx., 

Hon'''® Board shall join, be a Committee to farm out the Excise on ^^E^ , 

Tea, Coffee, & China Ware, for the County of Barnstable, Su^p^ 42'*."''' 

In Council; Read & Concur'd, And John Otis Esq" is joined in 
the Affair. [Passed June 15. 



188 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 51-54.] 



CHAPTER 51. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, &c, 
IN BRISTOL COUNTY. 



Legislative 
Records of the 
Council, XX., 
26.0. Mass. 
Archives, 
cxix., 673". 

House Jour- 
nal, p. 42. 



In the House of Eepresentatives 

Voted that Ephraini Leonard Esq' & & ' M' Israel Tisdale with 
such as the Hon^'® Board shall join be a Committee to farm out the 
Excise on Tea Coffee and China Ware for the County of Bristol 

In Council Eead & Concur'd & George Leonard Esq' is joined in 
the Affair. \^Passed June 15. 



CHAPTER 52. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, &c, 

IN YORK COUNTY. 



Legislative 
Records of the 
Council, XX., 
265. Mass. 
Archives, 
cxix., 670a. 

House Jour- 
nal, p. 42. 



In the House of Eepresentatives 

Voted that John Storer Esq"" and M' Samuel Hill with such 

as the Hon"^ Board shall join be a Committee to farm out the 
Excise on Tea Coffee & China Ware for the County of York 

In Council; Eead & Concur'd & John Hill Esq' is joined in the 
Affair. [^Passed June 15. 



CHAPTER 53. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, &c, 
IN THE COUNTY OF DUKES COUNTY. 



Legislative 
Records of the 
Council, XX., 
265. 

House Jour- 
nal, p. 42. 



In the House of Eepresentatives, 

Voted that Col° Mahew & Cp* Norton with such as the Hon*''® 
Board shall join, be a Committee to farm out the Excise on Tea, 
Coffee & China Ware, for the County of Dukes County, 

In Council; Eead & Concur'd; And John Skinner Esq' is joined 
in the Affair. [^Passed June 15. 



CHAPTER 54. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, &c^ 
IN NANTUCKET COUNTY. 



Legislative 
Records of the 
Council, XX., 
266. Mass. 
Archives, 
cxix., 672". 

House JoTir- 
nal, p. 42. 



In the House of Eepresentatives 

Voted that Abishai Folger Esq' and M' Eichard Coffin with 

such as the Hon''''' Board shall join be a Committee to farm out the 
Excise on Tea Coffee and China Ware for the County of Nantucket 

In Council Eead & Concur'd And Josiah Coffin Esq' is joined in 
the Affair. \Passed June 15. 

1 Sic. 



[1st Sess.] Province Laavs {Resolves, etc.). — 1754-55. 189 



CHAPTER 55. ^iS^oTthe 

Council, XX., 
269. Mass. 
VOTE FOR NOTIFYING THE FARMING OF THE EXCISE. Archives, 

cxix., 670. 



Voted that the Comittees of the several Counties to farm out the naTrf 43*'^'^' 
Excise on Tea, Coffee & China Ware, insert in the Publick Prints the ProVincV 
Time & place design'd for that purpose; and That the Comencement note.^' ^«ie,'^^' 
of the Eates for said Excise is on the first of July next. {Passed ^'^^pf u-li 
Jione 15.^ 



CHAPTER 5(o. 

RESOLVE THAT THE EXCISE ON TEA, Ac^, BE MORTGAGED FOR PAY- Legislative 

MENT OF FIRE ARMS. Records of the 

Council, XX., 

269. Mass. 

Resolved, That the Excise on Tea, Coffee and China Ware for ^xTx^l^'en'. 
the Present year be mortgaged as a security (as far as it goes) for -^^^^^ j^^^. — 
the payment of the two thousand fire arms directed to be sent for, nai, p. 43. 
to London. [Passed June 18. i>^m.chap. 



CHAPTER 57. 

ORDER APPOINTING A COMMITTEE TO PURCHASE FIRE ARMS. 

In the House of Represent* Refords^of the 

Ordered That M' Allen M' James Bowdoin & M' Fletcher with council, xx., 
such as the Hon"^ Board shall join be a Comittee to purchase Two Arcw^es^^' 
thousand five hundred Fire Arms for the use of the Province. ixxiv., 211. 

In Council, Read & Concur'd and Ezekiel Chever & John Erving House Jour- 
Esq" are joined in the affair. [Passed Jjcne 18. Anu,'v. i84. 



CHAPTER 58. 

ORDER FOR PURCHASING 2,000 FIRE ARMS IN LONDON. 

Ordered, That the Comittee appointed to purchase the two thou- Legislative 
sand five hundred fire Arms for the use of this Province be directed councu^ x4!|^^ 
to Avrite to M'' Agent Bollan, or some other person to purchase two 269. Mass. 

J. -L ArciiiVGS 

thousand (part of the said twenty five hundred) in London, upon ixxiv., 210. 
the Credit of this Province and on the best Terms he can, and to House jout. 
send them over as soon as may be. [Passed June 18. ^sllpfa^tha,^. 

57. 

' This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is June 17. 



190 



Province Laws {Resolves^ etc.). — 1754-55. [Chaps. 59-61.] 



CHAPTEE 59. 



ORDER ALLOWING THE ACCO^ OF THE TREAS^ OF HAMPSHIRE COUNTY. 



Legislative 
Records of the 
Couucil, XX., 

270. Mass. 
Archives, 
ccxlviii., 63. 

Mass. 
Archives, 
ccxlviii., 63. 
House Jour- 
nal, pp. 9, 29. 



An Accompt presented by Edward Pynchoii, Treasurer of the 
County of Hampshire for the Year 1753, Having been by him laid 
before the Court of General Sessions of the Peace for the said 
County and by them allowed, 

Eead & 

Ordered, That this Accompt be allowed, & That the Balance 
thereof being one Pound three shillings & Nine pence one farthing 
(exclusive of the Assessments laid on Suffield, Enfield and Somers 
for the last two Years, amounting to Sixty two pounds three shil- 
lings and one farthing) the said County be accountable to the said 
Treasurer for and further that y® above Assessments on Suffield 
Enfield & Somers, to y® amount afores"^ if collected, shall be ac- 
counted for by y® Treasurer to y® County. \^Passed June 18.^ 



CHAPTER 60. 



ORDER FOR REPAIRS ON THE LIGHT HOUSE BOAT. 



Legislative 
Records of the 
Council, XX., 
272. Mass. 
Archives, Ixv., 
47^ 

Legislative 
Records of the 
Council, xix., 
347. House 
Journal, p. 52. 



A Memorial of Eobert Ball, Keeper of the Light House, at the 
Entrance of Boston Harbour, setting forth that the Sails and Moor- 
ing of the Boat there, belonging to the province, are worn out and 
unfit for Service, Praying that a new Set of Sails and Mooring may 
be provided. 

Head & 

Ordered that the Committee upon the Affairs of the Light house 
be directed to make Such Supply's for the Light House Boat within 
mentioned as they Judge Necessary. \^Passed October 18. 



CHAPTEE 61. 



ORDER ALLOWING THE ACCOr OF THE TREASURER OF PLYMOUTH 

COUNTY. 



Legislative 
Records of the 
Council, XX., 
279. Mass. 
Archives, 
ccxlviii., 120. 

Mass. 
Archives, 
ccxlviii., 120. 
House Jour- 
nal, pp. 9, 51, 
53. 



An Accompt presented by Edward Winslow Esq' Treasurer of 
the County of Plymouth for the last Year, having been laid before 
the Court of General Sessions of the Peace, for the said County, 
and by them allowed, 

Eead & it Appearing the within Acc*^ is right Cast & well Vouched 
And that there is a Ballance due from From ° Edward Winslow Esq'' 
County Treasurer of Thirty Three pounds 14/7.-|-, 

Ordered that the S** Treasurer be further Accountable to S*^ County 
for S** Sum. [Passed October 18. 

* Adjourned to October 17. See Legislative Records of the Council, xx., 272. 
.« Sic. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 191 



CHAPTER 62. 

ORDER ON PETITION OF THO^ & JONATHAN HARLOW AND OTHERS 
CONFIRMING PARTITION OF LAND. 

A Petition of Thomas Harlow & Jonathan Harlow both of Rgfords^onh 
Plymouth in the County of Plymouth, and Abner Sylvester, Guar- Couucii, xx., 
dian to His Son Nathaniel Sylvester a Minor, and Jedediah Har- Archive s^.xix., 
low, shewing that the first mentioned Petitioners were Tenants in ^ 



Common with Eleazer Harlow, now Dec*^ in certain Lands in Plym- Mass. 
outh, containing about One hundred & eighty Acres: which they nvf'^House'"'^'' 
agreed to make Partition of, & the Instrument of their Agreement Journal, pp. si, 
was drawn, and the Land accordingly divided, but the said Eleazer 
died before the Instrument was executed. Praying that this Court 
would confirm the said Division, and that the Parties may hold in 
severalty, as much as if the aforesaid Instrument, had been executed 
by the said Eleazer, 

Eead & 

Ordered that the prayer of the petitioners be granted and that 
the division made in the life time of Eleazer Harlow with his Brothers 
Thomas & Jonathan Mentioned in the petition be confirmed and 
held good to all intents & purposes as if the deed of partition had 
actually been passed by the parties in the life time of the Said Eleazer 
& that the Said Thomas & Jonathan together with the heirs of the 
Said Eleazer hold in Severalty by the meets & bounds mentioned in 
the petition. \_Passed October 18. 



CHAPTEE 63 Legislative 

^ ^^-^^ J-J^xv UU. Records of the 

Council, XX., 
2S1 TVfass 
ORDER FOR A COVERT WAY FROM THE PROV^'^ HOUSE. Archives, ' 

xlix., 404. 



Ordered that the Committee Appointed for the repairs of The House Jour, 
province house be directed to make a Convenient Covert way from Province 
Said house to the Street that persons may pass and rejDass dry in ^haY3^'20Ty'' *^''' 
foul weather. [Passed October 22. 



CHAPTER 64. 

ORDER APPOINTING 'A COMMITTEE ON THE AFFAIR OF THE FIRST 
PARISH IN MIDDLEBOROUGH. 

A Petition of the Committee of the first Parish in Middleboro ^^^^®^^^**^f® ^ 
setting forth the Unhappy Circumstances the said Parish has been councif.xx., 

in since their having been divided into two Societies, and for as '^— 

much as they are now destitute of a Minister, and have no Prospect ^r^iji^gg 
of settling one among them. Praying that the said Parish may be cxvi., 709^714. 
freed from any Prosecution in the Law on Account of their hav- nail^pp^ss^^eo. 
ing no settled Minister among them, and that the Inhabitants may 
attend the publick Worship in other Places near them, as may be 
most Convenient for them, or be otherwise releived. 

In the House of Eepresentatives ; Read & 



192 



Province L a ws ( Resolves ,etG.). — 175 4-5 5 . [ Chaps . 65,66.] 



Ordered that Thomas Foster and Thomas Clap Esq''^ with such 
as the Hon'"'^ Board shall join, be a Comm'^^ to hear the Petitioners 
and other Persons that are attending, as may be concerned in the 
Petition; and that the Committee, if upon hearing the Petitioners, 
judge it necessary, that they then repair to Middleboro, hear the 
Parties there, and consider their Circumstances, and report what 
maybe proper for this Court to do thereon; The Charge of the 
Committee to be born by the first Parish in Middleborough ; In 
Council; Eead & Concur'd; And Samuel Watts Esq'' is joined in 
the Afiajr. {Passed October 23. 



CHAPTER 65. 



Legislative 
Records of the 
Council, XX., 

283. Mass. 
Archives, 
Ixxiv., 230. 

House Jour- 
nal, p. 65. 



VOTE ALLOWING 37/ 1 TO NATHAN^- RUSSELL, ESQ« 

A Petition of Nathaniel Eussell Esq'' of Littleton, praying to 
be allowed out of the publick Treasury his Accompt of Expence 
in the Funeral of One Stephen Corey, a Soldier in the late Expe- 
dition upon Kennebeck Eiver, who died upon his Return, amount- 
ing to Thirty seven shillings, and one penny, 

Read & 

Voted that the prayer of the Petition be granted and that the 
Petitioner be paid out of the Publick Treasury the Sum of Thirty 
Seven shillings & one penny in Discharge of the Account Mentioned 
in the Petition. {Passed October 25.^ 



CHAPTER ^%. 

VOTE AND ORDER DEFINING THE POWERS OF THE COLLECTORS AND 
SURVEYORS OF THE TOWN OF PELHAM. 



Legislative 
Records of the 
Council, XX., 
283. Mass. 
Archives, 
cxvi., Tl'J. 

Mass. 
Archives, 
cxvi., 717-720. 
Province 
Laws, iii., 714, 
chap. 23 ; 744, 
note. House 
Journal, 
pp. 67, 66, 67. 



A Petition of the Select Men of the Town of Pelham in the 
County of Hampshire, setting forth the great Difficulties the In- 
habitants of said Town are under, by Reason of their Assessors & 
Collectors of Taxes neglecting to take the Oath, respecting the 
Bills of Credit of the Neighbouring Governments; Praying that 
this Court would give such Order thereon, as also in respect of the 
Repairs of their High Ways as may be necessary for the Relief of 
the said Town. 

[Read &] 

Voted ^ and 

Ordered That the Constables and Collectors, for s*^ Town, of all 
and Every the Assessments Whether Province Town or County, Who 
have been chosen and Sworn to those offices in s" Town either in y® 
month of March 1750. or in any other year since, before y® month 
of march last and who have not finished & perfected their Collec- 
tions of the Sum Total of the several Assessments which within 
that time have been made of any Sums lawfully ordered Set and 
granted to be assessed on the Inhabitants of s** Town and assessed 
by Assessors who had taken y® assessors Oath Be and hereby are 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is October 24. 

- The House Journal, p. 66, reads, "Read and accepted, and Voted." 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 193 

Impowered to finish and perfect their Collections of all such assess- 
ments, and to Inforce y^ paym*^ of all such sums in which particular 
persons are and have been assessed in s** assessments which yet remain 
unpaid by all such ways or methods as Constables and Collectors of 
Taxes in all respects qualified are Impowered to do by Law 

And that s*^ Constables and Collectors of Pelham Shall be Account- 
able to the Province Treasurer, Treasurer for y*" County of Hamp- 
shire, and Treasurer of s*^ Town of Pelham for the Time being respec- 
tively for all y*^ respective sums Which have been or Shall be Collected 
by them on province Town & County assesm*^ and. Shall be Compelled 
and Oblidged to pay in all such sums to s*^ Treasurers respectively 
to whom they are due, by all such ways; «& means as qualified Con- 
stables and Collectors may by Law be oblidged to do 

And It is further 

Ordered That the Surveyors of Ways for s*^ Town in y*^ year 1750. 
and in Each Succeeding year since Shall render to the Surveyor of 
Ways in s'' Town for y*" Time being a True Ace* of all those persons 
Who did not do & perform their proportionable part of Work at 
making & Maintaining Ways in s*^ Town, during y*^ Time that the 
Surveyors of Ways for s'^ Town were Not qualified by taking y" Oath 
required by Law respecting y^ Bills of Credit of the Neighbouring 
Governm*^ and s** Surveyors for the Time being are hereby directed 
and Impowered to order and Oblidge all such persons as in that time 
Neglected to do their proportion of Work at y*" Ways, in the first 
place to do and perform so much Work at y^ Ways in s'^ Town 
as Shall be equal to the Whole of Each respective Polls propor- 
tion through y*^ Whole time afore^ which work Such persons have 
Neglected to perform, before they Shall proceed to Notifie and 
order the Inhabitants of s'* Town in gen' to begin and Enter on, 
a Course of Work at y^ Ways to be performed in a legal propor- 
tion by all the y^ ' Inhabitants of s*^ Town without any respect to 
former defects of any of s'' Inhabitants. \Passed October 25. 



CHAPTER 67. 

VOTE ANNEXING JN^ WELD & OTHERS WITH THEIR ESTATES TO THE 
TOWN OF STURBRIDGE. 

A Petition of John Weld, Moses Weld, Moses Weld jun'', Aaron Legislative 
Weld, Abijah Weld, and Joshua Weld, shewing that they are settled coundf, xx!r^ 
upon a Tract of Land in the County of Worcester, commonly called 284 Mass. 
the Gore, which is annexed to no Town, & lies most commodiously cxvi., 693'. 
situated for the Town of Sturbridge, Therefore Praying that they Mass. 
& their Estates may be joined to the said Town of Sturbridge; ^^vlI^II'. 

Read & House Jour. 

Voted that the prayer of the Petition be granted & that the Peti- °*'P^' ' 
tioners with the Lands in the petition Mentioned being one Mile & 
One quarter in length running East from Oxford Northwest Corner 
Upon Oxford line then running A North line to Brookfield South 
line be & hereby is Annexed to & Made part of the Town of Stur- 
bridge there in every respect to do duty & receive priviledge. \^Passed 
Octoier 25. 

> Sic. 



194 



Province Laws (Besolves, etc.). — 1754-55. [Chaps. 68-70.] 



Legislative 
Eecords of the 
Council, XX., 
284. Mass. 
Archives, 
Ixxiv., 245. 

Mass. 
Archives, 
Ixxiv., 244; 
ccciii., 67. 
House Jour- 
nal, pp. 55, 68. 



CHAPTER 68. 

VOTE ALLOWING 40/ TO GEORGE WATKINS. 

A Petition of George Watkins of Sturbridge, Praying the Charge 
of his Sickness when he returned from His Majesty's Service in 
the taking of Cape Breton, may be paid to him out of the publick 
Treasury, 

Eead & 

Voted that there be Allowed & paid out of the publick Treasury 
the Sum of Forty Shillings lawfull money in full for what he paid 
his Nurse & other expences & during his Sickness in the town of 
Boston exclusive of what he has Already Received. [Passed Octo- 
ber 25. 



CHAPTER 69. 

ORDER IMPOWERING CALEB DODGE, ADMINISTRATOR, TO EXECUTE A 

DEED. 



Legislative 
Records of the 
Council, XX., 
285. Mass. 
Archives, xix., 
216. 

Mass. 

Archives, xix., 
216. House 
Journal, 
pp. 61, 68. 



A Petition of Caleb Dodge Administ^ of the Estate of Benjamin 
Dodge late of Beverly dec*^ shewing that the said Benjamin in his 
Life time agreed with William Mayberry to make over to him part 
of his Right in the Township of New Marblehead, upon his per- 
forming the Condition of Settlement, which the said Mayberry has 
accordingly done, and is ready to make Proof thereof; and for as 
much as the Petitioner cannot give a lawful Deed of the said Land, 
therefore praying this Court to" grant him Assistance in the said 
Affair. 

Read & 

Ordered that the prayer of the petition be so far granted as that 
the Petitioner Caleb Dodge be & hereby is fully Authorized and 
Impowered to make & Execute to the S^ William Meaybary good 
and Sufficient Deeds in the Law of two Ten Acre lots Mentioned 
in the Petition Upon his the Said Meaybary producing to Said 
Dodge full & Sufficient proof of of ' his having performed the 
Conditions of the Grant of the General Court as Stipulated in the 
Covenant between Benj* Dodge and the S*^ Meaybary & also give 
Sufficient Caution to Said Caleb Dodge Adm^ & Guardian that S** 
Meaybary his heirs & assigns Shall Also Continue to pay the Min- 
isterial Charges in Said Covenant. [Passed October 25. 



CHAPTER 70. 

ORDER IMPOWERING EDWARD DOTEN & AMAZIAH HARLOW, EXEC- 
UTORS, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 

Rlfords"of the ^ PETITION of Edward Doten & Amaziah Harlow, Executors of 
Council, XX., the last Will & Testament of Elisha Doten late of Plymouth dec^ 
Archi^esTiix., shewing that none of the Heirs are willing to liave the real Estate 
"^ settled upon them, & it being small, cannot without Prejudice to it 

1 Sic. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 195 

be divided among them, and for as much as there are divers Minors Mass. 
concerned, Therefore Praying that the whole may be sold. 207?''House^^'' 

Ordered that the prayer of the petition be So far granted as that '^°^r?*'j 
the Petitioners in their Capacity be & hereby are Impowered to make Province 
Sale of the real Estates in the petition mentioned for the Most the cha^x lo."' ^^^' 
Same will fetch and to execute a good Deed or Deeds of the Same 
they Observing the directions of the Law respecting the Sale of real 
Estates provided that Paul Doten James Doten & Stephen Doten 
(three of the Children of Elisha Doten Dec** who are of Age) do 
give their Consent to the Sale of Said Estate & that the pef^ give 
Caution to the Judge of Probates for the County of Plymouth that 
the proceeds Arising by S"^ Sale be distributed to the heirs of Elisha 
Doten Dec** in Such Shares as is Mentioned in the Last Will & Tes- 
tament of S*^ Dec'^. [^Passed October 25. 



CHAPTER 71. 

VOTE IMPOWERING JACOB CHALCOM, INDIAN, TO SELL LAND. 

A Petition of Jacob Chalcom of Natick Indian, Praying that Legisianve 
he may be impowered to sell some small Parcells of Land, he owns councif.xx!, * 
in said Town for Payment of his Debts, Purchasing things neces- Archives*^' 
sary for his Husbandry ASairs, t&c^ xxxii., 418. 

Read & Mass. 

Voted that the prayer of the petition be granted & that the peti- xxxu.ITn. 
tioner have liberty to Sell So much of his Outlands as shall be need- Ho^se Jour- 
full for the purposes mentioned in the pet° and also have liberty to 4i, eo, 6i,%, ee. 
exchange the remaining part of his Small peices of remote land for ^hap.lse.^*'* 
such other lands as may be Neerer & Better Accomodate his Home- 
stead, with the Assistance and under the Special direction of the 
Guardians of the Natick Indians. {^Passed October 25. 



CHAPTER 72. 

ORDER ALLOWING £2. 10. 8 TO JOSEPH CRAIG. 

A Petition of Joseph Craig of Rutland, praying that the Charge Legislative 
of his Brothers Sickness & Funeral, who was a Soldier in the late coundf xx*.*^^ 
March up Kennebeck River, and died at Boston w^om his Return 286. Mass. '' 
may be paid out of the publick Treasury. ixxiv.Ille. 

Read & i^^T 

Ordered that the prayer of the pet'' be So far granted that the ^^^^^^||^ 
Sum of Two pounds ten shillings & eight pence lawfull money be House Jou'r- 
paid out of the publick Treasury to the pef in full for the expenses ^^^I'PP-^i.es- 
mentioned in the Petition. \^Passed October 25. 



196 



Province Laws {JResolves, etc.). — 1754-55. [Chaps. 73-75.] 



Legislative 
Records of the 
Council, XX., 
287. Mass. 
Archives, 
ccxlviii., 103. 

Mass. 
Archives, 
ccxlviii., 103. 
House Jour- 
nal, pp. 9, 67. 



CHAPTEE 73. 

ORDER ALLOWING THE ACCO^ OF THE TREAS^ OF YORK COUNTY. 

An Accompt presented by Jeremiah Moiilton Esq"" Treasurer of 
the County of York for the last Year, Having by him been laid 
before the Court of General Sessions of the Peace for the said 
County & by them allowed; 

Eead & it Appearing that the within Account is right Cast & well 
Vouched And ' Accepted & 

Ordered that the within Named Jeremiah Moulton the County 
Treasurer be further Accountable for the Sum of thirty three 
pounds sixteen Shillings & five pence the Ballance of S*^ Account. 
[Passed October 26. 



CHAPTER 74. 



ORDER IMPOWERING THE COURT OF GENERAL SESSIONS TO GRANT 
LICENCE TO KEEP AN INN IN LYNN. 



Legislative 
Records of the 
Council, XX., 
288. aiass. 
Archives, cxi., 
311. 

Maes. 

Archives, cxi., 
310. House 



A Petition of Benjamin Newhall in the Name & Behalf of the 
Select Men of Lyn, shewing that since the last Term for granting 
Licences in the County of Essex, two Innholders have died in the 
said Town, Therefore Praying that upon the said Select Mens Ap- 
probation, the Court of General Sessions of the. Peace for the said 
County of Essex may be impowered at their next Term to grant a 
Journal, p. 68. Lj^g^Qg ^q some fit Person, to be an Innholder in said Town of Lyn 

Eead & 

Ordered that the Court of General Sessions of the peace for the 
County of Essex at their Next Term be Allowed & Impowered to 
Licence Some suitable person to be an Inholder in the Town of 
Lynn (being approbated by the Selectmen of S*^ Town) the time 
for granting of licences being Elapsed notwithstanding. [Passed 
Octoher 26.' 



CHAPTER 75. 



Legislative 
Records of the 
Council, XX., 
290. Mass. 
Archives, xix., 
198. 

Mass. 

Archives, xix., 
198. House 
Journal, pp. 58, 
62. Province 
Laws, ii., 151, 
chap. 10. 



VOTE IMPOWERING THO* FOSTER, ESQ, ADM^, TO SELL AN ESTATE. 

A Petition of Tho* Foster Esq' Administrator of the Estate of 
Jonathan Briant late of Plymouth dec*^ shewing that the said Estate 
is Insolvent, and for as much as it will be a long time before the 
Superiour Court will sit in the County of Plymouth, Praying that 
this Court would impower the Petitioner to sell the Keal Estate of 
the said Jonathan Briant for Payment of the Debts. 

Read & 

Voted that the prayer of the petition be granted and the peti- 
tioner is hereby impowered to make Sale of the real Estate of the S'' 
Jonathan Briant Dec*^ for the purpose within mentioned & to Exe- 
cute a Good Deed or Deeds of the same he Attending the rules of 

1 Sic. 

2 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is October 29. , 



[1st Sess.] Province Laws {Resolves^ etc.), — 1754-55. 197 

the Law relating to the Sale of such Estates & to Account with the 
Judge of Probate for the County of plymouth as to his proceeding 
herein. [Passed October 36.^ 



CHAPTEE 76. 

ORDER IMPOWERING WILLIAM MANNING & ENOCH KIDDER, GUAR- 
DIANS, TO SELL LAND. 

A Petition of "William Manning & Enoch Kidder, Guardians to Legislative 
Thomas & Elijah Danforth, Children of Thomas Danforth late of councirxx*?^ 
Billerica dec*^ shewing that the Judge of Probate for the County 291. Mass. " 
of Middlesex is disposed to settle ujDon the said Minors, the whole ist? ^^^•^^•* 
of the Dower of their late Grand-Mother, Eebecca Foster dec*^ in Mas! 
Case payment may be made of the Shares of the other Heirs, out ^6*^^hou8^^^'' 
of the Estate of the said Minors, Therefore Praying that the Peti- Journal, pp. 73, 
tioners may be impowered to sell so much of the Out Lands of the LAw8,'u!^m? 
said Minors, and Part of said Thirds as may enable them to pay *^^^p- ^^• 
the other Shares; 

Read & 

Ordered that the Prayer of the Petition be granted, and the Peti- 
tioners in their said Capacity are hereby allowed & impowered to 
make Sale of so much of the Out Lands, and of the Thirds within 
mentioned as shall be sufficient for the Purpose mentioned in the 
Petition, 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 Provided the Pet" before such Sale be made, 

observe the Directions of the Province Law relating to Executors 
or Administrators selling Real Estates, & give sufficient Security 
to the Judge of Probate of Wills for the County of Middlesex, that 
the Produce of the Premises shall be disposed of agreable to Law. 
[Passed October 26. ' 



CHAPTER 77. 

ORDER IMPOWERING JN^ GRATON TO RECOGNIZE AS AN INNHOLDER. 

A Petition of John Grayton of Roxbury, Inn holder; shewing Legislative 
that the Petitioner has discharged his Duties of Excise with the councif xx*.^^ 
Farmer, yet thro Forgetfulness he omitted to recognize in due Sea- 2ss. mjiss. ' 
son for performing the Conditions of his Licence; and therefore 316? ^''^^'^^^■' 
Praying that he may have Liberty to recognize. House Jour- 

Read & lai, p. 69. 

Ordered that the prayer of the petition be granted & that the 
Court of General Sessions of the peace for the County 'of Suffolk 
at their next Sitting be Allowed & Imj)owered to take proj)er rec- 
ognizances of the Pef Jn° Graton as an Inholder in the town of 
Roxbury the time being Elapsed Notwithstanding. [Passed Octo- 
ber 29. 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is October 30. 



198 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 78-80.] 



CHAPTER 78. 



ORDER IMPOWERING SARAH RICHARDSON, ADMINISTRATRIX, TO SELL 

AN ESTATE. 



Legislative 
Records of the 
Council, XX., 

288. Mass. 
Archives, xix., 

185. 

Mass. 

Archives, xix., 
184. House 
Journal, pp. 63, 
71. Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Sarah Richardson, Widow of Abiel Richardson 
late of Peperil Dec*^ and Administrator of his Estate, shewing that 
the Personal Estate will not pay the Debts, and the Real Estate is 
very small, and divers young Children left by the Intestate, There- 
fore Praying that the Petitioner may have Liberty to sell the Real 
Estate for Payment of the Debts, & Support of herself & Children. 

Read & 

Ordered that the prayer of the Petition be granted and that the 
petitioner be & hereby is impowered to make sale of the Lands & 
Buildings mentioned in the Petition to such person or persons as 
shall Appear to give most for the same & to execute a good & suffi- 
cient Deed or Deeds in the law she observing the rules in the law 
for the sales of Intestate estates & giving proper Caution to the 
Judge of Probates for the County of Middlesex to pay the deceased 
just Debts & the remainder to the guardian of the Children of the 
Pet' for their use. \^Passed October 29. 



Legislative 
Records of the 
Council, XX., 
291. Mass. 
Archives, 
xxxii., 560. 

House Jour- 
nal, p. 74. 



CHAPTER 79. 

ORDER DIRECTING THE COMMISSARY GENERAL TO ADVANCE AND 
APPLY £300 FOR PRESENTS TO THE IND^^, 

Ordered that the sum of three hundred pounds be advanced &. 
Apply 'd by the Commissary General out of the Truck trade as 
a present to the Penobscot And Norridgwalk tribes of Indians. 
\^Passed October 30. 



CHAPTER 80. 



Legislative 
Records of the 
Council, XX., 
291. Mass. 
Archives, 
xliv., 6.S. 

House Jour- 
nal, p. 75. 
Province 
Laws, iii., 64, 
chap. 32. 



ORDER ADJOURN^ THE COURTS OF HAMPSHIRE COUNTY. 

Whereas divers of the Justices of the Court of General Sessions 
of the peace & Inferiour Court of Common pleas wliich by Law are 
to be held at Northampton in the County of Hampshire on the Second 
Tuesday of November Next are Members of this Court and the im- 
portant Affairs of the Province require their Attendance thereon 
Wherefore 

Ordered that the Said Courts be Adjourned to the Second Tues- 
day of Fe^y Next and that all matters & things that Might have 
day at S'^ Courts on the S'' Second Tuesday of Novem'' Shall be 
heard & tried on the Said Second Tuesday of FeV^ And that all 
officers & other persons Concerned in Said Courts Conform them- 
selves Accordingly. \_Passed October SO. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 199 



CHAPTEE 81. 

ORDER GRANTING TO JN'^ NOYES, DAN^ TALBOT & ELEAZER ROBINS 
LICENCES TO KEEP INNS. 

A Petition of John Noyes, Daniel Talbot & Eleazer Eobins, Legislative 
Innholders in the Town of Stoughton within the County of Suf- ^^^^^cn'xx!!"^ 
folk, shewing that by Reason of the Court of General Sessions of 201. Mass. *_ 
the Peace xldjourning sooner than the Petitioners exj)ected, they 313. * *' 
elapsed the Time for renewing their Licences, Praying that the Mass. 
said Court of General Sessions may be impowered to renew their li^^^House^'"' 
respective Licences at their next Meeting. Journal, p. 73. 

Read & 

Ordered that the prayer of the petition be granted and that the 
Court of General Sessions of the peace for the County of Suffolk 
at the time to which the S'' Court Stands Adjourned be impowered 
(if they see fit) to grant Licence to the Petitioners to be Inholders 
in the Town of Stoughton they first Obtaining the Approbation of 
the Select men of S'^ Town the time for granting of Licences being 
elapsed Notwithstanding. IPassed October 30. 



CHAPTEE 82. 

ORDER GRANTING TO ALEXANDER ROSS LICENCE TO SELL STRONG 

DRINK. 

A Petition of Alexander Ross of Falmouth in the County of R®^**'i^'^^^ft|. 
York, shewing that he has undertook to carry on the Fishery in council, xx., 

said Place, and therefore Praying that the Court of General Ses- -^ 

sions of the Peace for the said County, may be impowered to grant House Jour- 
him a Licence for retailing strong Drink. na , p. < 

Read & 

Ordered that the Prayer of the Petition be granted, and that the 
Court of General Sessions of the Peace for the County of York at 
their next Term, be impowered, (if they see fit) to Licence the Peti- 
tioner, to be a Retailer of Spirituous Liquors, in said Town of Fal- 
mouth, He first obtaining the Approbation of the Select Men of said 
Town, The Time for granting Licences being elapsed notwithstand- 
ing. \_Passed October SO. 



CHAPTEE 83. 

ORDER GRANTING TO JOHN CHAMPNEY LICENCE TO KEEP AN INN. 

A Petition of John Champney of Dorchester, Inn-holder, shew- Legislative 
ing that by Mistake, he lost the Time for renewing his Licence, Pray- councff.xi!!^® 
ing that the Court of General Sessions of the Peace for the County 'H'^^lll^^^ 
of Suffolk, may be impowered by this Court to renew his Licence ; 317. ' '' 
at their next Meeting, House Jour- 

Read & °^^> p- "'^^ 

Ordered that the prayer of the petition be granted & that the 



200 



Province Laws {Besohes, etc.). — 1754-55. [Chaps. 84-86.] 



Legislative 
Records of the 
Council, XX., 
293. Mass. 
Archives, ciii., 
263. 

House Jour- 
nal, p. 74. 



Court of General Sessions of the peace for the County of Suffolk 
at the time to which they Stand Adjourned be impowered (if they 
See fit) to licence the petitioner to be an Inholder in the Town of 
Dorchester he Obtaining the Approbation of the Selectmen of S*^ 
Town the time for granting of Licences being Elapsed Notwith- 
standing. \_Passecl Octoler SO. 



CHAPTEE 84. 

ORDER DIRECTING THE PROVINCE TREAS^* TO PROVIDE STANDARD 
SCALES & TROY WEIGHTS. 

Ordered that the Province Treasurer provide a good Beam & 
Scales & a Nest of Troy weights from One hundred twenty eight 
ounces downward to the least denomination marked with the mark 
or Stamp Used in his Majestie's Exchequer for a publick Standard. 
{Passed Octoler SO. 



CHAPTER 85. 



ORDER SETTING OFF SAMUEL GREEN AND OTHERS WITH THEIR 
ESTATES FROM THE SOUTH TO THE NORTH PARISH IN MALDEN. 



Legislative 
Records of the 
Council, XX., 
125, 292. Mass. 
Archives, xiii., 
480. 

Legislative 
Records of the 
Council, XX., 
193. House 
Jotirnal, 
pp. 127, 128 
(December, 
1753); p. 215 
(March, 1754) ; 
pp. 21, 22, 79. 



A Petition of Samuel Green & others of the South Parish in 
Maiden (Praying for Seasons set forth in their Petition) to be set 
off with their Families & Estates to the North Parish in the said 
Town 

The Committee to whom was refer'd the Petition of M' Samuel 
Green, Ezra Green & Benjamin Hills of Maiden, hav^ repaired to 
said Maiden, viewed the Scituation of the Petitioners, & heard the 
Parties are of Opinion, that the Petitioners with their Estates be 
set off to the North Parish in said Maiden, to do Duty & receive 
Priviledge there; Which is humbly submitted, 

Joseph Pynchon per Order, 

Eead »& Accepted & 

Ordered that the Petitioners mentioned in the Petition with their 
Estates be set off to the North Parish in Maiden to do Duty & receive 
Privilege accordingly. \Passed October SI. ^ 



CHAPTER 86. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
JOSHUA BRAND, INDIAN, TO SET ASIDE A JUDGMENT. 



Recordfouhe ^ PETITION of Josliua Brand of Natick, Indian, complaining 

Council, XX., against one Nathaniel Bullard of Worcester, his obtaining a Judg- 

Arch^es^,^' ment against him by Default, at the Inferiour Court of Common 

xxxii., 558. pieas for the County of Worcester held in August, altho the Peti- 

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



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 201 

tioner was never legally summoned to appear at said Court, Praying Mass. 
that the Judgment may be declared ISTull & Void, or that the Peti- xxxu^^ll'e. 
tioner may be otherwise releived. naTp^ iT^^' 

Read & 

Ordered, That the Petitioner serve the Adverse Party Nathaniel 
Bullard with a Copy of this Petition, That he shew cause (if Any 
he have) on the first Tuesday of the next Sitting of this Court, 
why the Prayer of the s'^ Petition should [not be] ' granted ; and 
that Execution be staled in the [mean time].' [^Passed October SI. 



CHAPTER 87. 



ORDER ALLOWING £4 AND A FURTHER SUM OF £4 ANNUALLY TO PAT. 

BURN. 

A Petition of Patrick Burn a Soldier wounded in the Expedition Legislative 
against Cape Breton, shewing that the Effects of his Wounds do still councif, xs:!f ^ 
remain so as to render him unable, to labour for his Support, Pray- 294 Mass. ' 
ing for further Relief. ixxiv., 247. 

[Read &] Mass. 

Ordered That the Sum of Four Pounds be allowed & paid out ^l^^^^^i-^ 
of the Publick Treasury to the Petitioner Patrick Burn in Consid- House Jour. 
eration of his past Sufferings to this time. And that he be further province ' ' * 
allowed the Sum of Four Pounds Annually till farther Order of ^ifa^fvo^^"'^^^' 
this Court, to be paid into the hands of the Overseers of the Poor 
of the Town of Wenham. {Passed October 31. 



CHAPTER 88. 

ORDER GRANTING TO HENRY YOUNG BROWN LICENCE TO KEEP AN 

INN. 

A Petition of Henry Young Brown of Haverhill in the County Legislative 
of Essex setting forth that he is well accomodated for keeping an councif, xx!f ^ 
Inn in the said Town, and therefore Praying that this Court would 294 Mass. 

1 • -1 A.rchivGS 

imjjower the Court of General Sessions of the Peace for the said ixxiv., 253. 
County to licence the Petitioner to keep an Inn in said Town Mass. 
accordingly, ^xfvjls. 

Read & House Jour. 

Ordered that the prayer of the petition be so far granted that the °^ '^^■' '' " 
Justices of the Court of General Session of the peace for the County 
of Essex at their Next Term be impowered (if they See fit) to licence 
the pef to keep a House of publick entertainment in the house he 
now dwells provided he first obtain the approbation of the Select- 
men of S"^ Town the time for granting of Licences being elapsed 
notwithstanding provided also it appear to the Justices of S*^ Court 
that Simeon Brown who was licensed an Inholder in S** House the 
last Year has duly paid his Excise to the Farmer. {Passed October 31. 

* Manuscript mutilated. 



202 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 89-91.] 



Legislative 
Records of the 
Council, XX., 
294. Mass. 
Archives, xiii., 
591. 

House Jour- 
nal, p. 79. 
Love's Fast 
and Thanks- 
giving Days 
of New Eng- 
land, p. 497. 



Legislative 
Records of the 
Council, XX., 
295. Mass. 
Archives, 
Iviii., 413. 

Mass. 
Archives, 
Iviii., 412. 
House Jour- 
nal, pp. 77, 81, 
82. Province 
Laws, xiii., 244, 
chap. 13. 



CHAPTER 89. 

VOTE DESIRING THE GOVERNOR TO APPOINT A DAY OF THANKS- 
GIVING. 

In Consideration of the many publick blessing[s] Couferred 
by Almighty God upon this province in the Course of the year past 
more Especially that he hath been pleased to bless the Earth & 
make it fruitfull which Call for our most gratefull Acknowledgments 

Voted that his Excellency the Governour be desired with the Ad- 
vice of his Maj^ Council to Appoint a Day of Publick Thanksgiv- 
ing throughout this province for Celebrating the high praises of 
God therefor and that all Servile Labour be forbidden on S'^ Day.' 
\^Passed November 1.* 



CHAPTER 90. 

VOTE IMPOWERING ELISHA MASON & OTHERS AS AGENTS OF THE 
TOWN OF SWANZEY TO SELL SCHOOL LANDS. 

A Petition of Elisha Mason & otners Agents for the Town of 
Swanzey setting forth- that in the Year 1743, the General Court 
appointed Perez Bradford Esq'' and others a Committee to make 
Sale of the School Lands belonging to the said Town; which Busi- 
ness they did not perfect, most of the said Committee being now 
dead, and therefore Praying that the Pet" may be impowered to 
sell the said Lands, the Produce thereof to be kept good as a Fund 
or Stock for the Support of the School in said Town by the Interest 
& Yearly Income thereof; 

Eead & 

Voted that the pet° be so far granted as that the Pet" Elisha 
Mason Nicholas Thomas & John xlnthony be & hereby are Author- 
ized & Impowered to make sale of the School Land in the Township 
of Swanzey referred to in the petition & to execute a good & Suffi- 
cient Deed or Deeds in the Law of the Same and the money arising 
by the Sale of S*^ Lands be by the Town of Swanzey put to Interest 
and the Interest thereof be Yearly Apply 'd towards the Maintaining 
the School in S'^ Town & for no other purpose whatsoever. \^Passed 
November 1. 



CHAPTER 91. 



Legislative 
Records of the 
Council, XX., 

295. Mass. 
Archives, cxi., 
322. 

Mass. 

Archives, cxi., 
321. House 
Journal, p. 82. 



ORDER GRANTING TO EDM° DIX LICENCE TO KEEP AN INN. 

A Petition of Edmund Dix of Chelsea setting forth the need 
of a Tavern in that part of said Town, where the Fishery is carried 
on; and therefore Praying that the Court of General Sessions of the 
Peace for the County of Suffolk, may be impowered at their next 
Meeting to grant him Licence for a Tavern there, 

Eead & 

Ordered that the prayer of the petition be so far granted that 
the Justices of the Court of General [Sessions] ' of the peace for 

' The Thanksgiving was appointed for November 28, and was public. 
^ Inserted from Legislative Records of the Council, xx., 295. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 203 

the County of Suffolk be impowered (if they See fit) at the time to 
which they Stand Adjourned to Licence the pef to be an Inholder 
in the Town of Chelsea he obtaining the Approbation of the Select- 
men of S'' Town the time for granting of Licences being Elapsed 
Notwithstanding. {^Passed November 1. 



CHAPTEK 92. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
JOHN SHEPERD FOR A NEW TRIAL. 

A Petition of John Shepherd of Boston, shewing that at the Legislative 
Superiour Court held at Salem in October last, Alexander Watts cmmcif, xx*!;^^ 
recovered Judgment against him for £3.3.4i/^ Damage & Costs, '^^-jji^^*^*®- 
which happened by Season of the Petitioners Attorney M' Kents xiiv.,i7. ' 
being absent at Halifax, of which the Petitioner was intirely igno- Mass. 
rant, and not attending the Court, Judgment went against him by xiiy^iffig. 
Default; and therefore Praying that he may have an other Trial at ccciii'.,6s. 
said Court, & Execution stayed in the mean time. nail*p!si.^' 

Kead & 

Ordered that the pef Serve the Adverse party Alexander Watts 
with a Copy of this petition that he Shew Cause (if any he have ' 
on the first Wednesday of the Next sitting of the Court why the 
prayer thereof Should not be granted & that Execution be Staid in 
the meantime provided the pef give Bond with sufficient Sureties 
to the Sherriff of the County of Suffolk to pay what the S'* Alex** 
Watts may finally recover against him. [^Passed November 1. 



CHAPTEE 93. 

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

A Petition of Abigal Sartle, Widow of Zechariah Sartle, late Legislative 
of G-roton dec'' & Administratrix on his Estate, shewing that the councif xix!!^ 
Eeal Estate is small, that the Personal falls much short of Pay- 296. Mass. ' 
ment of his Debts, & he has left a great Family of Children to be 213. • - - •> 
supported; and therefore Praying to be impowered by this Court to Mass. 
make Sale of the whole Eeal Estate for Payment of the Debts &c=^ .fi2?2ir Holfse 
Read and Journal, pp. 74, 

Ordered That the Prayer of the Petition be granted, and that the Laws,^n!^i5i? 
Petitioner in her said Capacity be and hereby is impowered with the '^^^^- ^^• 
advice and Consent of Samuel Tarbell to make Sale of the Land 
and Buildings mentioned in the Petition for the most they will fetch 
to such person or persons as shall ap]3ear to give most for the same 
and to execute a good and sufficient Deed or Deeds thereof in the 
Law, first Observing the Rules in the Law for the Sale of Intestates 
Estates, and giving proper Caution to the Judge of Probate for the 
County of Middlesex to pay the Debts mentioned in the Petition and 
that two thirds of what Shall remain be put into the hands of her 
Children's Guardians for their Use; and that the Principal of the 
other one third be secured for the use of her Children, or their law- 
full Heirs after her decease, and she to receive the Interest of the said 
one third for her Right of Dower during Life.* {Passed November 1. 

* Sic, as to absence of parenthesis. 



204: 



Province Laws {Resolves, etc.) . — 1754-55. [Chaps. 94-96.] 



CHAPTEK 94. 



Legislative 
Records of the 
Council, XX., 
296. Mass. 
Archives, cxi., 
315. 

Mass. 

Archives, cxi., 
314. House 
Journal, p. 80. 



ORDER GRANTING TO SAM^ LETHBRIDGE LICENCE TO KEEP AN INN. 

A Petition of Samuel Lethbridge of Wrentham, Innholder, shew- 
ing that, by Eeason of grievous Sickness in his Family, he has been 
prevented of renewing his Licence in the proper Season, Therefore, 
Praying that the Court of General Sessions of the Peace for the 
County of Suffolk, may be impowered by this Court at their next 
Meeting to renew his Licence. 

Read & 

Ordered that the jDrayer of the Petition be so far granted that the 
Justices of the Court of General Sessions of the peace for the County 
of Suffolk at the time to which they stand Adjourned be impowered 
(if they See fit) to Licence the pet' to be an Inholder in the Town 
of "Wrentham he first Obtaining the Approbation of the Selectmen 
of S*^ Town the Time for granting of Licences being Elapsed Not- 
withstanding. [Passed November 1. 



Legislative 
Records of the 
Council, XX., 
299. Mass. 
Archives, 
Ixxiv., 257. 

Mass. 
Archives, 
Ixxiv., 257. 
House Jour- 
nal, p. 80. 
Province 
Laws, xiv., 507, 
chap. 252. 



CHAPTEE 95. 

ORDER IN REGARD TO A NEW BOAT FOR CASTLE WILLIAM AND 
SUBSTITUTING MR JAMES BOWDOIN FOR ISAAC ROYALL, ESQ, ON 
THE COMMITTEE ON REPAIRS. 

A Memorial of John Larrabee, Lieutenant of his Majesty's 
Castle William, setting forth that the Boat belonging to the said 
Castle, called the Yawl, is so much out of Repair that it will not 
quit Cost to mend her, therefore Proposing that a New Boat be 
built of the same Dimensions, 

Read & 

Ordered that the Committee Appointed for the Repairs of the 
Castle take this Memorial Under Consideration And are hereby 
Impowered (if they Judge it necessary) to Cause A New Yawl to 
be built for the Use of the Castle And that M'' James Bowdoin be 
one of the Committee in the Room of Isaac Royal Esq^ [Passed 
November 1.^ 



CHAPTEE 96. 

ORDER IMPOWERING THE ASSESSORS OF RUTLAND DISTRICT TO ASSESS 
A TAX OF Va PENNY PER ACRE ON LAND FOR THREE YEARS. 



Legislative 
Records of the 
Council, XX., 
252, 299. Mass. 
Archives, xiii., 
511. 

Mass. 

Archives, xiii., 
507-510. Legis- 
lative Records 
of the Council, 
XX., 287. 



A Petition of the Inhabitants of Rutland District, setting forth 
their Difficulties in supporting the publick Charges of the said Dis- 
trict without the Assistance of the Non Resident Proprietors, Pray- 
ing that they may be impowered by this Court to lay a Tax of Three 
farthings ^ Acre per Annum, on all the Lands there for the Space 
of Five Years, for defreying the Ministerial & other publick Charges 
there. 

The Committee on the Petition of John Caldwell, for and in behalf 

1 This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is November 2. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1754-55. 205 

of the District of Eutlaud, Having considered the said Petition, House Jour- 
with the Answer made to the same, and heard such of the Parties 8*^' pro'vince 
as were pleased to attend ; have agreed to & humbly report it as ^^^^' "^•' ^*^^' 
their Opinion, that on the Treasurer of said Districts lodging in the 
Hands of the Proprietors Clerk an Account of the Sums collected 
on the Tax, ordered by the General Court, in the Year 1749, with 
an Account how & in what Manner the same has been expended, 
the Assessors of the District of Eutland should be impowered to 
assess the Proprietors Lands in said District, and all other Lands 
in the same, excepting those granted to the Minister or Ministry, 
at the Eate of an half penny per Standard Acre, for the three Years 
next ensuing ; the Sum arising thereby to be employed for the finish- 
ing the Meeting House, maintaining a Minister, clearing of Eoads, 
or other publick Services ; and that the Collectors for the Time being, 
be impowered agreeable to the Law, to collect the same, and pay it 
unto the Treasurer of the said District, who shall be appointed to 
receive the same; Which is Submitted, 

In the Name & by Order of the Com'"'' Benj^ Lyxde, 

Eead and Accepted & 

Ordered that the Assessors of the said District be and hereby are 
impowered to assess the said Lands at the Eate of one half penny 
per Standard Acre for three Years next ensuing, and the Collectors 
to collect & pay in the same, and that the Sum arising thereby be 
disposed of accordingly. \Pa88ed November 2. 



CHAPTER 97. 

ORDER ALLOWING £11. 10. 7 TO THO« LAWRENCE. 

A Petition of Thomas Lawrence, shewing that besides his Ser- Legislative 
vice as- a Lieutenant in the late March upon Kennebeck Eiver he councif.xx!*^^ 
assisted in erecting & building Fort Halifax, in which Service he 3oo. Mass. 

• ArcniVG^ 

lamed himself much and thereupon fell into a Fever, Praying that ixxiv., -js's. 
the Expence of his Illness may be allowed him out of the publick Mass. 
Treasury, t^^^. 

Eead & Legislative 

Ordered that the Sum of Eleven pounds ten shillings & seven councif, xx., 
pence be Allowed & paid out of the publick Treasury to the Peti- j^uma?^^^ 
tioner Thomas Lawrence in full discharge of his Ace' of Expences pp- t9, se. 
Mentioned in the petition. {^Passed November 2. 



CHAPTER 98. 

ORDER OF NOTICE REFERRING THE PETITION OF THE SELECT MEN 
OF DUNSTABLE IN REGARD TO MINISTERIAL AFFAIRS. 

A Petition of Ebenezer Sherwin, Abraham Kendall & Ebenezer Legislative 
Kendall Select Men of the Town of Dunstable in behalf of said councirxx.f 
Town, shewing that in Conformity to the Order of the General ^^chwes^^' 
Court in the Year 1753, they have chosen a Committee to effect cxvi., 696'. 
the Building a Meeting House, and have raised & assess'd a Sum Mass. 

Archives, 



206 



Province Laws {Resolves^ etc.). — 1754-55. [Chap. 99.] 



cxvi., 694-696, 
698. Legisla- 
tive Kecords 
of the Council, 
XX., 20. House 
Journal, 
pp. 138, 139 
(April, 1753) ; 
pp. 67, 86. 
Ante, p. 10, 
chap. 7; p. 184, 
chap. 38. 



of Money for that Purpose, as also for the Support of the Ministry, 
& done other Things necessary in that Affair, but it so happens that 
for want of observing the exact Forms of Law in their Proceeding, 
they meet with great Difficulty & Obstruction from some of the Li- 
habitants, and therefore Praying that this Court would establish their 
Proceedings, or otherwise releive them. 

Read & 

Ordered that the Whole affairs mentioned in this pet° and the 
pef^ of Eleaz"" Tyng & others be referred to the Second Tuesday of 
the Next Sitting of this Court And that the Selectmen within men- 
tioned Serve the Town of Dunstable with a Copy of this Petition 
that they shew Cause (if any they have) on S** Second Tuesday why 
the prayer of the Petition Should not be granted And that the Clerk 
of the S*^ Town Return to this Court An Exact Account of the Dif- 
ferent Numbers on the Question for making Answer to the -Petition 
and what part of them were of the persons formerly belonging to 
Nottingham And the Moderator that may be Appointed is hereby 
required to assist Said Clerk in Collecting the Votes as Afores^. 
\_Passed November 2. 



CHAPTER 99. 



RESOLVE AND ORDER IN REGARD TO APPORTIONING THE PAY 
DIVERS REPRESENTATIVES. 



OF 



Legislative 
Records oi the 
Council, XX., 
302. Mass. 
Archives, 
xlix., 405. 

House Jour- 
nal, pp.84, 85. 
Province 
Laws, iii., 818, 
note. 



Whereas in the Tax Act made and passed in June last The 
Whole pay of the Representative for the Town of Groton the Dis- 
tricts of Shirley and Pepperrel was Set upon s*^ Groton and Also 
the Avhole pay of the Representative of the Town of Northampton 
and District of Southampton was Set on Northampton only Whereas 
the s*^ Districts by Law are Oblidged to pay y*^ Same proportions of 
y"" respective representatives pay as the sums of s*^ Districts Prov- 
ince Tax is to y^ sum of the Tax set on s'' Towns 

Therefore 

Resolved and 

Ordered That The Province Treasurer Immediately Issue his War- 
rants again to the assessors of the Towns of Groton & Northamp- 
ton and to all y® Aboves*^ Districts, requiring the assessors of s'^ Shirley 
and Pepperrel to assess on y^ respective Districts afores*^ y'' respective 
& lawful proportions of the sum total of their Representative's pay 
for y*^ last year and also the assessors of Southampton to assess on 
s"^ Southampton y' lawfull proportion with Northampton of the jjay 
of their Representative for y® last year And the Assessors of the s*^ 
Town of Groton and NorthamiDton to assess y' respective Towns in 
y*" respective sums that Shall remain after the proportions of y^ repec- 
tive Districts that are Joined with them are Substracted Anything 
Contained in the Warrants already Issued by s^ Treasurer to the 
af ores'' assessors to the Contrary Notwithstanding The Lawfull pro- 
portions of the pay of the Representative of s'^ Groton and the s*^ 
Districts Joined with It for the last year are as follows viz 



Total 



£23 : : 



("Groton's 
\ Shirley's 
( Peperrel's 



£15: 15: 3: 3 
2: 3: 11: 

5: 0: 9: 1 



The Lawfull Parts and proportions of the pay of the Representa- 



[1st Sess.] Province Laws (i?eso?ves, e^c). — 1754-55. 207 

tive of Xorthampton & Southampton for y^ last year is as follows 
viz 

„ ^ , Poi A n ( Northampton . . . £25 : 19 : 2 : 2 

Total . . . £31: 4: | Southampton . . . £5 : 4: 9: 2 

To which rates and proportions s** Treasurer is required to Con- 
form his Warrants afores'^. [Passed November 5. 



CHAPTER 100. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
MARQT ELIOT FOR A NEW TRIAL OF AN ACTION. 

A Petition of Margaret Elliot of Holiston, shewing that by Legislative 
Eeason of Hurt received by a Fall from her Horse, she was pre- councif, xx!!'^ 
vented from attending at the Court held at Concord in August ^^^j^j^^^^^- ' 
1753, to defend an Action commenced against her by Nathaniel xiiY.,i48.' 
Sheffield, which Action went against her by Default; praying that Mass. 
she may have a new Trial thereof, & therein be allowed to bring ^^^^^^^illliig. 
her Account against the said Sheffields Account, i& Execution be House Jour- 

nfit T) 9 

staid in the mean time. 

Read & 

Ordered that the Petitioner serve the adverse Party Xathaniel 
Sheffield with a Copy of this Petition, that he shew Cause, (if any 
he have) on the first Fryday of the next Sitting of this Court why 
the Prayer thereof should not be granted, & that Execution be staid 
in the mean time. {Passed November 5. 



CHAPTER 101. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED TO 
SELL PROycE LAND BETWEEN NORTHAMPTON AND PONTOOSUCK. 

The Committee appointed by the Great & General Court the Legislative 
9*^ of January 1754, for selling Eight hundred Acres of the Prov- councff,xx!f^ 
ince Land lying on the Road leading from Northampton to Pon- 303. Mass. 
toosuck in two equal Allotments to such as will give most for the xivi., 371.' 
same, on Conditions for building Houses, bringing to Lands &c^ House Jour- 
After giving publick Notice of the Time & Place of Sale attended ^^/;/;,*\'o2 
said Service at Springfield in August 1754, & have sold the same chap! 240. 
at publick Vendue to the highest Bidder, viz' To Mess" Oliver Pat- 
ridge, David Ingersol John Ashley Esq" & M"" Moses Graves for two 
shillings & ten pence per Acre, and have taken Bonds for the ful- 
fillment of the Conditions, and for the Payment of the Money to 
the Province Treasury, & returned them to him, excepting Three 
Pounds, which was paid down, & disposed of as follows, viz* To 
the Committee for their Time & Expences Thirty six shillings, & 
to Oliver Patridge Esq' in part of the Fifty shillings granted him 
by the Court for the surveying & returning a Plan of said Lands 
twenty four shillings. 

In the Name & by Order of the Committee, 

Elea: Porter. 

Read & Accepted. {Passed November 5. 



208 



Province Laws {Resolves, etc. ) . — 1754-55. [Chaps. 102-104.] 



Legislative 
Records of the 
Council, XX., 
303. Mass. 
Archives, xix., 
191. 

Mass. 

Archives, xix., 
190,192. House 
Journal, pp. 65, 
8S, 89. Prov- 
ince Laws, ii., 
151, chap. 10. 



CHAPTEK 102. 

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

A Petition of Abiel Stevens Administrator of the Estate of his 
Brother David Stevens late of Andover dec*^ shewing that the Per- 
sonal Estate is insufficient to pay the Debts, and the real Estate 
very small & not capable of a Division, and therefore Praying that 
he may be impowered to sell the whole of the said Estate, for the 
Payment of the Debts &c^ 

Eead & 

Ordered that the prayer of the petition be granted and that the 
petitioner in S^ Capacity be & hereby is impowered to make Sale 
of the real Estate mentioned in the pet° to such person or persons 
as will give most for the same and to Execute a good Deed or Deeds 
of Conveyance thereof he giving publick notice of the time & place 
of Sale Agreeable to the directions of the Law on the Sale of In- 
testate Estates by Administrators he giving Caution to the Judge 
of Probates for the County of Essex that the Overplus Arising b 
S*^ Sale (after the Just Debts of the Dec'' are paid) be Secured 
imi^roved to the Advantage of S'^ Deceaseds Children. \^Passed 
November 5. 



CHAPTER 103. 



Legislative 
Records of the 
Council, XX., 
30-2. Mass. 
Archives, 
cxvi., 636. 

Mass. 
Archives, 
cxvi., 635. 
House Jour- 
nal,pp.25, 81, 
93. Province 
Laws, xii., 252, 
chap. 288; xiv., 
705, chap. 184. 



VOTE ALLOWING JOHN HILL, ESQ», & OTHERS, FURTHER TIME TO 
COMPLETE SETTLEMENT OF A TOWNSHIP. 

A Petition of John Hill Esq'' & others in behalf of the Pro- 
prietors of a Township near North Yarmouth granted to Jonathan 
Powers &c* setting forth the unavoidable Difficulties they have met 
with in settling the said Township within the Time limitted in their 
Grant, And therefore Praying for some further Indulgence in that 
Eespect, 

Eead & 

Voted that the pet" & Others in whose behalf they petition be 
Allowed a further time not exceeding one year to compleat the set- 
tlement of the Township in the petition the order of this Court in 
April 1753 Notwithstanding. [Passed November 6.^ 



CHAPTER 104. 



Legislative 
Records of the 
Council, XX., 
304. Mass. 
Archives, 
cxvi., 425. 

Mass. 
Archives, 
cxvi., 424. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PET** 
OF DIVERS INHABTs OF FALL TOWN. 

Eepoet of THE Committee on the Petition of sundry Inhab'* 
of Fall Town. "We the Subscribers together with the Hon^^® 

Eleazer Porter Esq" being appointed a Committee by the Great & 
General Court at their Session January 4. 1754, to consider the 
Petition of sundry of the Inhabitants of Fall Town, On the 20* 
day of August 1754, met with a Committee of said Proprietors 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is November 5. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 209 

and took under Consideration the several Matters therein contained ; Legislative 
and beg leave to report as follows, counc'if.xx*!'^ 

That the present Treasurer of said Fall Town Proprietors, Ebenezer j^o^rnai' ^°4^^ 
Shelden jun' or such other Person as said Proprietors may appoint be Province^" 
fully authorized & impowered to require all the Collectors that have dfa^^iiiVx^ii. 
heretofore been chosen by said Proprietors (and have not fully ac- ^^jfj^*'}'-.^^- 
counted & paid in the several Assessments to them committed to chap'. 169. ' 
collect) forthwith to account & pay in the same to the said Treas- 
urer, or such other Person as may be appointed as aforesaid ; and 
in Case any such Neglect or Refuse to prosecute such Person or 
Persons in due Form of Law for the Recovery thereof, and partic- 
ularly an Assessment of Twenty two Pounds old Tenor, each Right. 

And that said Proprietors be fully impowered to raise & levy such 
Taxes on said Proprietors as they shall judge necessary for providing 
Preaching for said Proprietors, untill they shall settle a Minister, 
and that the said Proprietors be impowered & authorized at a Meet- 
ing warned for that Purpose, to call some suitable Person to settle 
in the Ministry in said Township, and grant him suitable Encour- 
agement therefor; And also for raising & levying such other Taxes 
from time to time as said Proprietors may judge necessary for carry- 
ing on of the Affairs of said Township ; and that all Taxes that shall 
be raised by the said Proprietors untill the further Order of the Gen- 
eral Court, be raised in Manner following, viz* Upon the several 
Allotments of Land laid out to said Proprietors in the first Grant 
of said Township, together with Fayrweathers Farm, So called, con- 
taining Five hundred Acres and also upon the two Rights, granted 
to the two Proprietors, admitted when the additional Grant was 
made, which is called the Gore, together also with such other Lots, 
as may hereafter be laid out, either in the Original Grant or the 
Gore, and upon them so soon as they are laid out upon all the said 
Lands, each Acre an equal Part, saving only the Ministry & School 
Lots, & the Lands formerly in said Original Grants, & now cut off 
by the New Hampshire Line, not to be accounted to belong to said 
Lots or taxed; And the Committee further report that upon Ex- 
amination they find that the Conditions of Settlement have been 
performed upon the following Lots or Rights in said Township viz*^ 
N° 1. 2, 4. 5. G. 8. 9. 10. 11. 13. 16. 18. 22. 23. 25. 27. 29. 31. 33. 
35. 37. 47, 50. 62. 67. 70. 81. 89. In the whole twenty eight: And 
having examined the Proprietors Records, and their various Votes 
respecting the Settlement of said Township, are of Opinion, that 
the Proprietors of the following Rights be enjoined to make Settle- 
ment upon the same forthwith; viz' N° 3. 12. 14. 15. 17. 19. 21. 24. 
30. 32. 36. 39. 40. 41. 42. 43. 45. 46. 48. 49. 55. 61. 69. 71. 76. 80. 
82. 87. 88. 92. 98. 100; and in Case of Failure they be disposed of 
as the Court shall order; And the Comm*'^® are further of Opinion 
that inasmuch as Sixty Proprietors only were obliged by Act of the 
Court, to settle in said Township ; and it appearing by the said Pro- 
prietors Votes, that they have agreed that the Sixty Proprietors who 
shall actually perform the Conditions of Settlement shall receive out 
of their Treasury, each Twenty two Pounds Old Tenor, the Com- 
mittee judge it reasonable they receive the same accordingly. All 
which is humbly Submitted 

Per Oliver Patridge. 
Elijah Williams. 

Read and 

Ordered that this Report be Accepted. \^Passed Novemher 6. 



210 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 105-107.] 



Legislative 
Records of the 
Couucil, XX., 
305. Mass. 
Archives, 
cxvi., 728. 

Mass. 
Archives, 
cxvi., '-21. 
House Jour- 
nal, p. 141 
(April, 1753) ; 
pp. 84, 93. 
Province 
Laws, xii., 391, 
chap. 70; xiv., 
705, chap. 184. 



CHAPTEE 105. 

VOTE GRANTING NATHi- ALLEN FURTHER TIME FOR THE SETTLEMENT 

OF A TOWNSHIP. 

A Petition of Nathaniel Allen for himself & others, Grantees 
of a new Township on the Eastern Frontiers, shewing that the said 
Grantees have been at great Cost & Labour to bring forward the 
Settlement of the said Town, commonly called New Glocester, ac- 
cording to the Conditions of their Grant, but have been greatly 
obstructed by the Hostillities & Threats of the Indians, Therefore 
Praying for some further Time to be allowed to perform the Con- 
ditions of said Grant, 

Eead & 

Voted that the pet^ & others in whose behalf he petitioneth be 
Allowed a further time not Exceeding one Year from this time to 
Compleat the Settlement of the toAvnship mentioned in the pet" 
the Order of this Court in April 1753 Notwithstanding. [Passed 
November 6. 



CHAPTEE 106. 



ORDER GRANTING TO JOHN WHITE LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, XX., 
305. Mass. 
Archives, cxi., 
323. 

Mass. 

Archives, cxi., 
323. House 
Journal, p. 95. 



A Petition of John White of Wenham, shewing that the Select 
Men of Beverly have signified their Approbation of his Keeping 
Tavern in the said Town, in a House formerly improved for that 
Business, Praying that the Court of General Sessions of the Peace 
for the County of Essex, may be impowered to grant the Pef a 
Licence at their next Term : 

Read & 

Ordered that the prayer of the pet° be so far granted as that the 
Justices of the Court of General sessions of the peace for the County 
of Essex at their Next term are impowered (if they think fit) to 
Licence the petitioner to Keep a house of publick Entertainment 
in the Town of Beverly in the House where Ebenezer Ellenhood ' 
now keeps a Tavern provided the pef Obtain the Approbation of 
the select men of the Town of Beverly the time for granting of 
Licences being elapsed Notwithstanding. [Passed November 6. 



CHAPTEE 107 



Legislative 
Records of the 
Council, XX., 
306. Mass. 
Archives, xix.. 



Mass. 

ArchiTes, xix., 
224. House 
Journal, p. 94. 



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

A Petition of Joseph Lynde; Guardian of Thomas Tuft, a Per- 
son Non Compos Mentis, shewing that the Petitioner has been 
obliged to sell divers Peices of the said Tho' Tuft's Land for his 
Support; and for as much as the selling of the said Lands in little 
Parcells, would be very detrimental to the said Thomas's Interest, 
and his Bretheren having express'd their Willingness to have the 
whole of his Land sold & turned into Money & the Interest applied 

1 Both copies of Legislative Records of the Council read, "EUenwood." 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 211 

for his Suj^port, Praying that this Court would impower the Peti- £aw8°^® ^g^ 
tioiier to sell the said Lands accordingly. ciiap.'io.'* 

Read, & 

Ordered that the Prayer of this Petition be granted, & that the 
Petitioner (in his said Capacity as Guardian) be & he is hereby 
authorized & impower'd to make Sale of the Real Estate of the 
said non compos Person yet remaining unsold, & to execute a good 
& sufficient Deed or Deeds of Conveyance thereof to such Person 
or Persons as shall give most for the same : previous publick notice 
being given of the intended sale in manner as by Law is prescribed 
touching the sale of Real Estates by Executors or Administrators: 
The Proceeds of such sale to be applyed as need may require for 
the Support of the Non compos Person, & for discharging his just 
Debts; and so much thereof as may be to be put out at Interest for 
his Benefit: Provided due Caution be first given to the Judge 

of Probate for the County of middlesex that the said Proceeds be 
duly applyed & improv'd as aforesaid & that said Guardian be ac- 
countable to the said Judge for his Proceedings in the Premises. 
[^Passed November 6. 



CHAPTER 108. 

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

A Petition of Abigail ' Gross Administratrix of the Estate of Rlforlfg^of^tiie 
Obadiah Gross late of Hingham dec*^ shewing that the Personal council, xx., 
Estate is insufficient to pay the Debts, and the Real Estate very Archives! xix.,. 

small. Praying that she may be impowered to sell the whole of the '2± , 

Real Estate, saving the Widows Use therein, she to be accountable Mass. 

n ,^ . Archives, xix., 

tor the rest. 226. House 

Ppor] X' Journal, pp. 78, 

^^^*-^ ^ 97. Province 

Ordered that the pef in her Capacity be & hereby is fully. Author- Laws, ii., 151, 
ized & Impowered to make Sale of the buildings & Land mentioned ^ ^^' 
in the petition for the Most the Same will Fetch & to make & exe- 
cute a good Deed or Deeds of the Same She Observing the direc- 
tions of the Law Respecting the sale of Real Estates provided also 
she give sufficient Caution to the Judge of Probate for the County 
of Suffolk that the overplus money Arising by S'^ Sale (after the 
Just debts owing from S'^ Estate are paid) be distributed to & among 
the Children & Legal representatives of her late Husband Obadiah 
Gross Dec'^ According to Law two thirds thereof Upon the settle- 
ment of S'' Estate & the other third at her Decease. \^Passed 
Novemher 7.* , 



CHAPTER 109. 

RESOLVE CONSTRUING AN ORDER IMPOWERING BENJ^' PORTER TO 

COLLECT TAXES. 

Whereas The Gen' Court In June 1750 Upon the Pet° of the Legislative 
ReV^ M-- John Rogers ordered & Impowered M^ Ben,f Porter to Col- councu, xx*.^^ 
lect an Assessment Referr'd to in s"^ Pet° And in 6ct° Then Next 307. Mass. ' 

' Mass. Archives, six., 226. reads, "Margaret." 

- This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is November 6. 



212 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 110, 111.] 



Archives, xiii., Following further Explained The s"^ Orders, But Some Doubt has 
Arisen and may arise Whether The s*^ Order Included a Power to 
y® s'' Porter to make Distress on the Goods or Chatties of Any per- 
son or persons named In s*^ assessment Upon their Neglect or Re- 
fusal to pay The Sum or Sums They are assesed Therein 

Resolved That s'^ Power was by s*^ Orders Intended to be Given 
to s*^ Porter And That It ought so to be Understood & Construed. 
November 7. 



Mass. 

Archives, xiii., 
516. House 
Journal, p. 97. 
Province 
Laws, xiv., 425, 
chap. 4-2; 486, 
Chap. 200. 



CHAPTER 110. 



Legislative 
Records of the 
Council, XX., 
308. 

House Jour- 
nal, pp. 93, 95. 



ORDER ALLOWING THE ACCOUNT OF JOSEPH RICHARDS, ESQ^. 

A Memorial of Joseph Richards Esq"" Physician (with an Account 
of Medicines & Attendance on the Sick & Wounded among the Pun- 
capaug Indians), Praying that this Court would give Order for the 
Discharge of the said Accompt; 

Read & 

Ordered that the Petitioner be allowed the Sum of Eight Pounds 
six shillings out of the Money belonging to the Puncapaug Indians, 
in the hands of Col° Samuel Miller in full Discharge of the Account 
mentioned in the Petition. \^Passed November 7. 



CHAPTER 111. 

ORDER IMPOWERING HANNAH WHITON, ADM^, TO SELL HER PORTION 
OF AN ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 



Legislative 
Records of the 
Council, XX., 
308. Mass. 
Archives, xix., 
189. 

Mass. 

Archives, xix., 
188. House 
Journal, pp. 62, 
63, 95. Prov- 
ince Laws, ii., 
151, chap. 10. 



A Petition of Hannah Whiton Administ^ of the Estate of Jon- 
athan Whiton late of Hingham Dec*^ shewing that all the real Estate 
of the said Dec"^ has been already sold for Payment of the Debts, 
saving the Petitioners Thirds; and for as much as there are Debts 
still remaining unpaid. The Petitioner being willing, Praying that 
she may be enabled by this Court to sell the Remainder of the Real 
Estate for Payment of the Debts as aforesaid. 

Read & 

Ordered that the prayer of the petition be granted & that th^ 
pef in her Capacity be & hereby is enabled to make Sale of her 
thirds of the premisses mentioned in the petition to such person 
or persons as shall give most for the same & to execute a good & 
Sufficient Deed or Deeds in the Law for Conveying the Same She 
Observing the directions of the Law for the Sale of Intestate Estates 
& giving sufficent Caution to the Judge of Probates for the County 
of Suffolk that the Overplus Coming by Said Sale (if any be) besides 
the paying the Intestates Just debts Shall return to the heirs of the 
S'^ Intestate at the Decease of the petitioner. \^Passed November 7. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1754-55. 213 



CHAPTER 112. 

ORDER IMPOWERING PHILLIP GODFREY KAST, GUARDIAN, TO JOIN IN 
THE SALE OF AN ESTATE AND MAKING PROVISION IN REGARD TO 
THE PROCEEDS. 

A Petition of John Procter & others, Heirs & Descendents of Rlfop^g^of^the 
Edw*^ Procter late of Boston, Taylor Dec*^ shewing that they are council, xx., 
jDOssess'd of a Messuage & Land, situate in the Northern Part of Archive8,\ix., 

Boston, abutting upon Prince Street, which cannot be divided '^_^ 

among all the Heirs, nor sold without the Aid of this Court, Mass. 
therefore Praying that Phillip Godfrey Kast, Gviardian to his Son 217. House ' '' 
Thomas Kast (a Minor & one of the Heirs) may be impowered to 97°'^s°''*Prov^^' 
ioin with the rest of the Petitioners in the Sale of said House & i^ce Laws, u., 

i T 151, chap. 10; 

Land. xiv., 632, 

Eead & ^^^p-^- 

Ch'derecl that the prayer of the Petition be so far granted that 
Philij) Godfrid Kast one of the petitioners in his Capacity of Guar- 
dian to his Son Thomas Kast be & hereby is enabled & impowered 
to join with the other petitioners in the Sale of the premisses within 
mentioned the S'' Philip to Observe the directions in the Law for 
the Sale of Eeal Estates & give sufficient Caution to the Judge of 
Probate for the County of Suffolk that his Sons Shares in the pro- 
ceeds of Said Sale both principal & Interest be paid to him or his 
Legal Kepresentative when he shall arrive at twenty one Years of 
Age excepting so much as shall be Necessarily expended on the 
Said Thomas Kast in his Minority & be Allowed by the Judge of 
Probate for Said County. \^Passed November 7. 



CHAPTER 113. 

ORDER IMPOWERING JN^ CALEF TO ENTER AN APPEAL. 

A Petition of John Calif of Ipswich, shewing that by Eeason Legislative 
of his being at the Eastward in the publick Service, & his Attorneys councif xx^*^* 
Mistake he lost his Time for prosecuting his Appeal from a Decree 292. Mass. .' 
of the Judge of Probate for the County of Essex pass'd on the 21L *^ ^' '' 
Accompts of the Executors of his Fathers last Will & Testament, Mass. 
Praying that he may now be enabled to file his Reasons of Appeal, ^g^^'^LegisIa'"' 
& prosecute his Appeal accordingly. tive Records of 

Eead together with the Answer of Joseph Calef & Sarah Stani- ^''x .^ir*""' 
ford, & thereupon ^a^Pi/S- 

Ordered that the Pef be & hereby is allowed & fully impowered Ante, p". us, 
to file his Eeasons of Appeal in the Eegister of Probates Office for ^^*P" ^^' 
the County of Essex, & to give Bond for prosecuting the same to 
Effect, the Time limited by Law being elapsed notwithstanding. 
Provided the said Appeal be presented for an Hearing & Determi- 
nation to the Gov' & Council on or before the 13'^ Instant i& not 
otherwise. \^Passed November 8. 



214 



Pkovince Laws {Resolves, etc.). — 1754-55. [Chaps. 114-116.] 



CHAPTEE 114. 



ORDER ALLOWING £3 TO JN" HOOKER, 



Legislative 
Records of the 
Council, XX., 
310. Mass. 
Archives, 
Ixxiv., 2i8. 

Mass. 
Archives, 
Ixxlv., 248. 
House Jour- 
nal, pp. 91, 100. 



A Petition of John Hooker of Fall Town, shewing that he was 
a Soldier in the Expedition against Cape Breton, & was there griev- 
ously burnt. Praying that he may be allowed Wages for the Time he 
lay ill at Boston. 

Eead & 

Ordered that there be Allowed & paid out of the publick Treas- 
ury the Sum of Three pounds to Oliver Partridge Esq' & by him 
to be paid to the pet" John Hooker in full of his Service & suffer- 
ings mentioned in the petition. \^Passed November 9. 



Legislative 
Records of the 
Council, XX., 
310. Mass. 
Archives, xix., 
221. 

Mass. 

Archives, xix., 
220. House 
Journal, pp. 76, 
99. Province 
Laws, ii., 151, 
chap. 10. 



CHAPTEE 115. 

ORDER IMPOWERING JUDITH RICHARDSON, ADM^, TO SELL AN ESTATE. 

A Petition of Judith Eichardson Administ^ of the Estate of 
Josiah Eichardson of Tewksbury Dec'^, Praying for Eeasons par- 
ticularly mentioned in the Petition to be impowered to sell twenty 
Acres of the Deceased's Land lying in Tewksbury; 

Eead & 

Ordered that the prayer of the petition be granted & that the 
pef in her Capacity of Administratrix to the Estate of Josiah 
Eichardson 060*^ be & hereby is impowered to. make Sale of the 
twenty Acres of Land (Mentioned in the petition) Lying in Tewks- 
bury to Such person as Shall give most for the Same she to be Ac- 
countable to the Judge of Probate for the County of Middlesex for 
the Overplus coming by Said Sale (if any be) besides the paying for 
the Said two Shares which She hath purchased & Conveyed to the 
heirs of the Said Josiah Eichardson Dec'^, [Passed November 9. 



Legislative 
Records of the 
Council, XX., 
311. Mass. 
Archives, 
Ixxiv., 255. 

Mass. 
Archives, 
Ixxiv., 254. 
Legislative 
Records of the 
Council, XX., 
65, 1,52, 261. 
House Jour- 
nal, pp. 89, 98. 
yinte, p. 181, 
chap.30;p. 1S3, 
Chap. 36. 



CHAPTEE 116. 

ORDER IMPOWERING CAP^ ELISHA CHAPIN TO MAKE UP HIS MUSTER 

ROLL. 

A Petition of Capt Elisha Chapin, setting forth that, by reason 
of the late Attack of the Indians upon the XVestern Frontiers the 
Garrison at Fort Massachusetts has, % His Excellency's Orders been 
strengthned with new Eecruits, which required more Officers than 
before, therefore Praying that this Court would order an Establish- 
ment of the said Garrison, that the Petitioner may have a Eule for 
making up his Muster Eoll, 

[Eead &] 

Ordered that the prayer of the petition be so far granted that the 
petitioner be Allowed to make up his Eoll with the like Number of 
Officers as are Allowed at Georges Fort & that S*^ Officers be paid at 
y^ Same rate. [Passed November 0.' 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is November 11. 



[1st Sess.] Province Laws (Hesolves, etc.). — 1754-55. 215 



CHAPTER 117. »ro^%he 

Council, XX., 
312. Mass. 
VOTE IN REGARD TO THE PRESENTS TO THE IND^^. Archives, 

xxxli., 566. 



Voted that his Excellency be desired to order the whole or any Archive^ 
part of the Presents intended for the Penobscot and Norridgwalk xxxii., 565. 
Indians to be delivered or the delivery thereof to be suspended ac- nai"pp. iw^os. 



Ante, p. 198, 



cording as it shall appear to him will be most for the publick Ser- chap. 79 
vice. [Passed November 12. 



CHAPTER 118. 

VOTE REQUESTING THE CAPTAIN GENERAL TO ENLIST OR IMPRESS Legislative 

RECRUITS FOR TACONICK (FORT HALIFAX). Records of the 

^ ^ Council, XX., 

312. Mass. 

Voted that his Excellency the Captain General be desired (as soon ^^^^^%'c^ 
as may be) to give orders that Thirty Effective men be inlisted or ^ ^ )'. \- — 
impressed in order to reinforce the Garrison at Taconock on Kene- Records of' the 
beck River. \_Passed November 12. 273"307.'' House 

Journal, p. 104. 



CHAPTER 119. 

ORDER IMPOWERING MARY BURLEIGH, A MINOR, TO EXECUTE A DEED. 

A Petition of Mary Burleigh of. Ipswich a Minor of Nineteen Legislative 
Years of Age, and John Crocker her Guardian, shewing the great coum'n xx*"^^ 
Advantage that Avill accrue to her in selling her Part of the Farm, 2S2. Mass.'' 
called Howlets Farm, and praying for Liberty to sell the said Land ^3^'^^^''®' -'^'^•• 
accordingly; ^^_ 

Read and Archives, xix.. 

Ordered that this Report be and hereby is Accepted and the tive Records of 
within named Mary, on her Brother Andrew's paying her the Sum xx.,^312"*^'^' 
of One hundred forty six P'^' thirteen shills^ & i"" is allowed and ^°"^®''t*?,"io- 
impowered to execute to him a Quit Claim of her Right in the ^^'^^' ' 
Estate within mentioned and that the said Instrument be a good 
Title of the Premisses to the said Andrew his Heirs and Assigns 
forever. [Passed November 12. 



CHAPTER 120. 



ORDER FOR PROVID« SNOW SHOES & MOCCASINS FOR GARRISON AT Legislative 

TACONICK (FORT HALIFAX). Records of the 



Council, XX. 
312. Mass. 



Ordered that the Commissary General be directed to provide one i^^x/v.^leV. 
hundred pair of Snow Shoes & as many pair of Mogasons and Lodge gouge j „r 



the Same at the Garrison at Taconick for the Use of the Soldiers nai, p. io4. 
that may be from time to time posted there. [Passed November 12. f «^''«. ci^ap- 



216 



Province Laws {^Resolves, etc.). — 1754-55. [Chaps. 121-123.] 



Legislative 
Records of the 
CounciJ,xx., 
313. Mass. 
Archives, 
cxvi., 743. 

Mass. 
Archives, 
cxvi., 741. 
House Jour- 
nal, p. 141 
(April, 1753) ; 
pp. 84, 104. 
Province 
Laws, xii., 273, 
chap. 31; xiv., 
705, chap. 184. 



Legislative 
Records of the 
Council, XX., 
313. Mass. 
Archives, 
lxxiv.,231. 

Mass. 
Archives, 
Ixxiv., 231. 
House Jour- 
nal, pp. 83, 84, 
105. 



CHAPTER 121. 

VOTE ALLOWING FURTHER TIME TO COMPLETE THE SETTLEMENT 
OF GARDNER CANADA TOWNSHIP. 

A Petition of Ebenezer Peirpoint & Samuel Stevens a Com- 
mittee of the Proprietors of a new Township, commonly called 
Gardner Canada Township ^ setting forth the Difficulties they have 
been under which have obstructed the Performance of the Con- 
ditions of the Grant, within the Time limitted. Praying that the 
Court would indulge them with some further time. 

Eead & 

Voted that the pet" & other proprieters of the within mentioned 
Townshij) be Allowed a further time Not exceeding one Year from 
this date to compleat the Settlement thereof the Order of this Court 
in April 1753 to the Contrary Xotwithstanding. [^Passed Kovem- 
her 12. 



CHAPTER 122. 

ORDER ALLOWING £9. L 4 TO EBENEZER WILKINS. 

A Petition of Ebenezer Wilkins a Soldier in the late Expedition 
upon Kennebeck Eiver, Praying that he may be allowed out of the 
publick Treasury, the Charges of his Sickness contracted in the said 
Service, 

Eead & 

Ordered that the prayer of the pet° be So far granted as that the 
pef be Allowed & paid out of the publick Treasury the Sum of Nine 
pounds one shilling & four pence in full for his Expences &c. \^Passed 
November 12. 



CHAPTER 123. 

ORDER WITH STAY OF EXECUTION ON THE PETITION OF ANTHONY 
LONEY IN REGARD TO A JUDGMENT. 



Legislative 
Records of the 
Council, XX., 
286. Mass. 
Archives, 
xliv., 58. 

Mass. 
Archives, 
xliv., 56. 
Legislative 
Records of the 
Council, XX., 
314. House 
Journal, pp. 64, 
107. 



A Petition of Anthoney Loney of Ipswich, shewing that he 
became bound to Margaret Perkins for the Payment of £100, bor- 
rowed of her, which he has satisfied by Money paid and Labour 
done for her, that the said Margaret is since dead, that her Exec- 
utor Benjamin Dutch not acknowledging the said Payments has 
sued the Petitioner upon the said Bond, & recovered Judgment 
against him, and he has sued the said Executor upon the Articles, 
for which he ought to have Credit, Therefore Praying that Exe- 
cution against the Pef may be stayed untill the final Issue of his 
Actions against the said Executor; 

Eead, & 

Ordered that the Prayer of this Petition be so far granted, as 
that the Execution therein mentioned be stayed, untill Judgment 
be rendred upon the Eeview of the two Actions brought by the 
Petitioner against the Executor Benjamin Dutch 

Provided the said Petitioner give sufficient Security to the sheriff 

* This township afterwards became Warwick, Mass. 



[1st Sess.J Province Laws {Resolves^ etc.). — 1754-55. 217 

of the County of Essex to pay the Sum recover'd against him by the 
said Executor (togetlier with double Interest therefor) untill final 
Judgment shall be rendred on the actions aforesaid: said Interest 
to commence from the time when he recover'd Judgment against 
s'^ Executor at the Superiour Court held in Salem in October last. 
\_Passed November 13, 



CHAPTER 124. 

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

A Petition of Mary Belknap, Widow of Abraham Belknap of Rgford^of the 
Natick Dec"^ setting forth the Disadvantages his Real Estate is council, xx., 
under; & that it would be much for the Childrens Benefit, to Archives.^xix., 

have the same sold, Therefore praying that as Administratrix of ^^ 

said Estate She may be enabled to sell said Estate ; Mass. 

-nil Archives, xix., 

Kead and 194. House 

Ordered that the prayer of the Petition be granted & that the lo^'e^rbvhice' 
Petitioner in her Capacity be & hereby is impowered with the Laws, 11., 151, 
Advice & Consent of the Guardian within Mentioned to make ^ ^^' 
Sale of the Lands & buildings Mentioned in this Petition for the 
Most they will fetch to siich person or persons as shall Appear to 
purchase the Same & to Execute a good & sufficient Deed or Deeds 
thereof in the Law She Observing the rules of the Law for the 
Sales of Intestate Estates She also giving projDer Caution to the 
Judge of Probate for the County of Middlesex to pay the Debts 
Mentioned in the petition And two thirds of what Shall remain to 
be put into the Hands of the Guardian of the Children within 
mentioned for their Use & benefit And the principal of the other 
third to be secured for S'' Children or their Lawfull heirs after the 
Decease of the petitioner & She to receive the Interest of S*^ Third 
in Lieu of her Dower during her life. \_Passed November IS. 



CHAPTER 125. 

ORDER IMPOWERING EBENEZER CONVERSE, ADM», TO SELL REAL 

ESTATE. 

A Petition of Ebenezer Converse, Administrator of the Estate Legislative 
of James Converse late of Woburn dec"^ shewing that there are con- councif, xx!f ^ 
siderable Debts to be paid out of the Real Estate; and that it would sis. Mass. 
be most for the Benefit of the Heir, (who is a Minor) to have the 200. ' " ' '' 
whole sold, Praying for Power to sell the said Real Estate accord- Mass. 

inrcltr Archives, xlx., 

^"S^J- 199,201. House 

Read & Journal, pp. 8-2, 

Ordered that the prayer of the petition be granted And that the Laws,^!!, 151, 
pef in his Capacity of Administrator be & hereby is impowered to ^^*p- ^^• 
make Sale of all the Real Estate that James Converse within men- 
tioned died Seized of he attending the directions of the Law resiject- 
ing the sale of Intestate Estates & to Execute in due form of Law 
A good & sufficient Deed or Deeds thereof to such person or persons 
as shall give most for the same he giving sufficient Caution to the 



218 



Province IjA^v^ {Resolves, etc.). — 1754-55. [Chaps. 126, 127.] 



Judge of Probate for the County of Middlesex to Account for the 
produce of the premisses & dispose of the Same According to Law. 
\_Passed November 13.' 



CHAPTER 126. 



Legislative 
Records of the 
Council, XX., 
315. Mass. 
Archives, ciii., 
•259. 

Mass. 

Archives, ciii., 
258. House 
Journal, 
pp. 108,109. 
Ante, p. 178, 
chap. 23. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED FOR 
BURNING GOVERNM'^ SECURITIES, PROVINCE BILLS, &c^. 

Boston September 6, 1754; Eeceived of M"" Treasurer Gray- 

Five hundred & thirty one Government Securities, redeemable the 
twentieth of January last; Amounting to Five Thousand thirty four 
Pounds seven shillings & ten pence ; The Interest thereon Four hun- 
dred & forty Pounds three shillings, making in the whole Five Thou- 
sand four hundred & seventy four Pounds, ten Shillings & ten pence ; 
Also Government Securities redeemable the thirty first of December 
1751, Amounting to One hundred forty six Pounds, fifteen Shillings 
& Six pence ; The Interest paid thereon, Twenty eight Pounds, four- 
teen shillings & eight pence; making in the whole One hundred 
seventy five Pounds, ten shillings & two pence ; Also, Seven Benefit 
Tickets with Interest, Fifteen Pounds fifteen Shillings ; Also Nine- 
teen hundred & fifty nine Pounds, eleven shillings & six pence in 
Old Tenor Bills, and Two hundred Forty four Pounds twelve Shil- 
lings in Middle Tenor Bills, and Four Thousand five hundred & 
fifty seven Pounds, nineteen shillings & eight pence in last Emis- 
sion Money, & Forty one Pounds nine shillings & four pence in 
Lawful Money Bills, amounts to Two Thousand eight hundred 
sixty four Pounds two shillings & five pence; Which we have seen 
burnt & consumed to Ashes, 

(Sign'd) John Osborne per Order. 

Eead Accepted & 

Ordered that M"" Treasurer Gray be discharged the Several Sums 
within mentioned. [^Passed November 14. 



CHAPTEE 127. 



Legislative 
Records of the 
Council, XX., 
316. Mass. 
Archives, 
xxxii., 564. 

Mass. 
Archives, 
xxxii., 563. 
House Jour- 
nal, pp. 101, 108. 
Ante, p. no, 
chap. 256. 



ORDER IMPOWERING SAM^- MORSE, GUARDIAN, TO SELL LAND. 

A Petition of Samuel Morse, Guardian of an Indian Child, 
belonging to Natick, named Sarah Wabon, shewing that he has 
been already put to considerable Charge for her Support, & likely 
to be at more. Therefore Praying that he may be impowered by 
this Court to sell so much of the said Child's Land in Natick, as 
will defray the Charge of her Support; 

Eead & 

Ordered that the prayer of the Petition be so far granted that 
the Pet' be & hereby is fully Impowered in s*^ Capacity with the 
Advice & Consent of the Guardians of the Natick Indians to Sell 
so much of the Land belonging to the Indian Child within men- 
tioned as will be sufficient to discharge the Pef his expences for 

1 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is November 15. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 219 

the Support of S*^ Child to this time And to give a good k suffi- 
cient Deed or Deeds of the Same to Such person or persons as are 
the purchasers. [^Passed November 14., 



CHAPTER 128. SlKf.., 

Council, XX., 

ORDER ALLOWING £2. 6. 9 TO THE TOWN OF BEVERLY. Archives?" 

xlix., 408.' 



It appearing by a Certificate from the Province Treasurer that Mass. 
the Town of Beverly are overcharged in the last Tax Act for their xiix.,'Io7.' 
Representatives pay the Sum of two pounds six shillings & nine naTrf loT'^" 

pence Province 

Ordered that the s*^ Sum be paid by the province Treasurer to the note.^' "^'' ^^^* 
Treasurer of the town of Beverly. \^Passed November 15.^ 



CHAPTEE 129. 

ORDER GRANTING LICENCES TO DIVERS PERSONS AS INNHOLDERS & 

RETAILERS. 

A Petition of Mary Bill, Thomas Child & Jonathan Dwight of Legislative 
Boston, John Grayton of Roxbury, Giles Tidmarsh of Hull, & Daniel councif,xx., ^ 
Hewes of Wrentham, Persons who have been licenced to retail strong Archfves^^cxi. 
Drink in the said several Towns, shewing that thro Mistake they 3-20. 
omitted renewing their Licences, at the Court of General Sessions Mass. 
of the Peace held at Boston, in July last. Praying that the said m^House^'"' 
Court may be impowered to renew their several Licences, at their pp^go'^j^o 
next Meeting. 

Read & 

Ord&red that the prayer of the pef^ be So far granted that the 
Justices of the Court of General sessions of the peace for the County 
of Suffolk be impowered (if they See fit) to Licence the within named 
Mary & Jonathan Inholders in the town of Boston & the S^ Thomas 
a retailer in S"^ Town the S*^ Giles a retailer in Hull and the S'' Dau^ 
an Inholder in Wrentham they severally Obtaining the Approba- 
tion of the selectmen of the towns to which they belong the time 
for granting of Licences being elapsed Notwithstanding. \_Passed 
November 15. 



CHAPTEE 130. 

ORDER ALLOWING £6 TO ELIPH. CARY. 



A Petition of Eliphalet Cary of Bridgwater; shewing that he Legislative 
enlisted as a Soldier in the late Expedition upon Kennebeck River, councif, xx!^^ 
And that he was left Sick at the Castle, Praying that the Charges sn. Mass. 
of a Doctor & Nurse in his said Sickness may be paid out of the ixxiv., 261. 

publick Treasury, House Jour- 

Read & nal.pp.84,109, 

Ordered that the prayer of the Petition be So far granted as that 

' This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is November l-t. 



220 



Province Laws (i?eso/res, e^c). — 1754-55. [Chaps. 131-133.] 



the pef be Allowed & paid out of the Publick Treasury the sum 
of Six pounds Yiz four pounds for the Docters Bill & Two pounds 
for Nursing & other Charges mentioned in the petition. [Passed 
November 15. 



CHAPTEE 131. 



ORDER ALLOWING £3 ANNUALLY TO BENJ^ POMROY. 



Legislative 
Records of the 
Council, XX., 
318. Mass. 
Archives, 
Ixxiv., 218. 

Mass. 
Archives, 
lxxiv.,218; 
Ixxvii., 256. 
House Jour- 
nal, pp.77, 111. 



A Petition of Benjamin Pomroy a Soldier in the late Expedition 
against Cape Breton, Praying to be allowed a Pension, in consider- 
ation of his Disability by means of Sickness contracted, during his 
being in that Service; 

Eead & 

Ordered that the prayer of the pet° be so far granted as that the 
petitioner be Allowed & paid out of the Publick Treasury the Sum 
of Three pounds Annually during the pleasure of this Court the 
first payment to be made to Col Pribble & by him to be paid to the 
petitioner. [Passed Novemler 15. 



Legislative 
Records of the 
Council, XX., 
318. Mass. 
Archives, cxi., 
325. 

Mass. 

Archives, cxi., 
324. House 
Journal, p. 110. 



CHAPTEE 132. 

ORDER GRANTING TO ISRAEL RICE LICENCE TO KEEP AN INN. 

A Petition of Israel Eice of Sudbury, shewing that he lives in 
a very commodious Place for an Inn for the Benefit of Travellers, 
& where such a House is wanted. Praying that the Court of Gen- 
eral Sessions of the Peace for the County of Middlesex, may be 
impowered to grant him Licence to keep an Inn or Tavern in said 
House. 

Eead & 

Ordered that the prayer of the petition be so far granted as that 
the Justices of the Court of General sessions of the peace for the 
County of Middlesex at their Next term be impowered (if they 
See Cause) to Licence the pef to be an Inholder in the town of 
Sudbury he Obtaining the Approbation of the selectmen of s'* Town 
the time for granting of Licences being Elapsed Notwithstanding. 
[^Passed November 15. 



CHAPTEE 133. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE AFFAIRS 
OF THE PUNCAPAUG INDIANS. 



Legislative 
Records of the 
Council, XX., 
319. Mass. 
Archives, 
xxxii., 570. 

Mass. 
Archives, 
xxxii., 567-570. 
Legislative 
Records of the 
Council, XX., 



Eeport relating to the late Guardians of the Puncapaug Indians, 
viz*' 

The Committee to whom was referr'd the Complaint of the Pun- 
capaug Indians against CoP Miller & Major Shepherd, Guardians to 
said Indians together with the Answer of said Guardians, and also 
the Petitions of said Guai'dians, after the Affair had been heard 
before the General Court in January last. Pursuant to the Order of 
the Court on the first of June last, having repaired to the Indian 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 221 

Lands in Stoughton, said to be tresspass'd on, heard the Parties, and i|g' 22!' ^nbl^se 
carefully examined the Witnesses, produced by them beg leave to Journal, 
report, that it appeared to the Committee, that very great Strip & ^Aiue^{y^\ml^^' 
Waste of Wood & Timber had been made on said Indians Land, p^^i^g'^^^L 
since & during the Time of Col° Millers & Major Shepherds Guar- 247; p. r2o, ' 
dianship ; That part of said Strip & Waste was made by the Privity ^^^'^' "^''^" 
& Connivance of one of the Guardians, viz* Major Shepherd; That 
some of it was done by Major Shepherd himself since his Appoint- 
ment as Guardian of said Indians, 

As to another Part of the Complaint against Major Shepherd for 
his illegal Proceedings as a Justice of the Peace, against Samuel 
Moho, one of the Puncapaug Indians, The Committee are of Opinion 
that the said Proceedings of said Justice were altogether without 
Law, It appearing that the said Justice made & entered up a Judg- 
ment against the said Samuel in favour of M"" Jordan for £4 old 
Tenor, Neither Jordan the Plaintiff, nor Samuel the Defendant, 
nor either of their Attorneys being present at the Time thereof; 
and altho the Illegality of the Proceeding was observed to Major 
Shepherd; Upon which he answered. It was no Matter for that, 
for it should not hurt him, meaning the said Samuel the Defend* 
yet the said Justice, some time after, viz* when the said Samuel 
with his Wife & an other of the Puncapaug Indians were held in 
Goal in Boston, by Virtue of a Mittimus from M"" Justice Hill, 
upon an Affray betwixt said Indians & Major Shepherd (and in 
which the Com*®® are humbly of Opinion the last was the Aggressor), 
the said Major Shepherd issued out Execution upon the Judgment, 
enter'd up as aforesaid; and the Committee can't but particularly 
inform that while the said Samuel with his Wife were held in said 
Goal, which was the Space of a Month, (during which time the 
above said Execution was served upon said Samuel), several of their 
Children being small, two of them were intirely unable to help them- 
selves, one of them about Sixteen Months, the other 2i/^ Years old, 
were left in a lonely Wigwam where they must unavoidably have 
perished, notwithstanding any Relief afforded by Major Shepherd 
one of their Guardians, 

The Committee would further report as to Col° Miller another 
of the Guardians to said Indians, that it appeared that said Col° 
Miller is chargeable with Indolence and want of Care in trusting 
the Interest of said Indians so much to Major Shepherd. 

And Whereas the Affair had been heard by a former Committee, 
& by the General Court, Col° Miller & Major Shepherd prefer'd their 
Petitions to the General Court in April last; wherein they declared 
their Innocence as to most of the Articles exhibited against them, 
and that the Witnesses produced against them on the Trial were 
perfidious Men, not regarding an Oath, &c^ and that they the said 
Guardians had material & incontestible Evidences in their Favour, 
they were not furnished with in the hearing of their Cause, and 
thereupon the General Court appointed, viz* in June last, the pres- 
ent Committee to review & reconsider the whole Affair, betwixt the 
said Guardians & the said Puncapaug Indians; The Committee beg 
leave further to observe that in order to discover the Truth, they 
applied their utmost Care in the Hearing & Examining the Wit- 
nesses on both Sides, and it appeared that several of the Witnesses 
were very unwilling to declare the whole of what they knew in the 
Matter, and could not be induced to speak freely, tho the Solemnity 
& Obligation of an Oath were press'd upon them ; but it was observ- 
able that those Witnesses were on the Part of Major Shepherd, and 



222 Province Laws (Besolves, etc.). — 1754-55. [Chap. 133.] 

that they held back that Part of their Testimony only which made 
against him; and another Witness informed the Committee, that 
Endeavours had been used to subborn him by Major Shepherd, Who, 
among other Things in his Testimony aver'd upon Oath, to tlie Com- 
mittee, Major Shepherd being present, " That the said Major Shep- 
herd came to him the Deponent, not long before the Committee was 
there, & said to him, for Gods Sake stand by me, or I am undone, 
and sign a Writing that he was faithful and that he had dealt hon- 
estly & faithfully as a Guardian," To whom the Deponent replied, 
"how can you expect I will befriend you, you have been so cruel 
to me & made me give a Sixteen Pound Note," and He the said 
Major Shej^herd said, the Sixteen Pound Note shall be given wp to 
him," and the Deponent further saith that Major Shepherd added, 
" But you must keep this very private, you must not tell any Body 
of it;" And the said Witness further declareth, "That at another 
Time, viz* the Night before last he the said Major Shepherd said 
unto me, there are three honourable Gentlemen, a Committee com- 
ing up, you must be as sparing as you can in your Speaking before 
them, be very moderate & keep back what you can, except what's 
drawn out of you, and tell your Sons to do the same; " Which Cir- 
cumstances, how surprizing they were to the Committee, and how 
far from supporting the Facts in Major Shepherds Petition, they 
need not, as they apprehend observe. 

Upon the whole the Evidence against Major Shepherd is no Ways 
in the Opinion of the Committee, invalidated : Wherefore, 

The said Committee are humbly of Opinion, that the said Major 
Shepherd for his great Unfaithfulness & Breach of Trust, as Guar- 
dian to the Puncapaug Indians, the Illegality & Barbarity of his 
Proceedings as a Justice of the Peace, against some of them, ought 
by this Court to be mulcted the Sum of Eighty Pounds, immedi- 
ately to be paid into the Province Treasury, and be rendered nn- 
capable for the future, to sustain the Trust of Guardian to said 
Indians, or any other Trust or Post of Honour under this Governm* 
and that a Bill be j^repared accordingly. 

And as to Col° Miller, Guardian to said Indians, the Committee 
are humbly of Opinion that for his Indolence & Negligence, his 
Confession and humbling himself therefor, and herewith exhibited 
may place him in Favour again with the General Court, 

And furthermore, as to the Accompts of Col° Miller, Major Shep- 
herd and Capt Wlsswall (Deceased) as Guardians to the Puncapaug 
Indians, The Committee are of Opinion; they be allowed as they 
were amended by a former Committee; viz' That Col° Miller Esq' 
be charged with £1.5.1 (the Ballance of his Accompt) and with the 
several Bonds, and Promisary Notes therein mentioned; and that 
John Shepherd Esq'' stand charged with £8.18.6 the Ballance of 
his Accompt, and that there appears due to the Heirs of M"" Thomas 
Wiswall dec"^ the Sum of Three Pounds six shillings and ten pence 
half peny, the Ballance in his Favour. 

All which is humbly submitted, Joseph Pynchon per Ord' 

Eead and 

Ordered that this Report be Accepted and that the Committee 
be directed to prepare a Bill accordingly.' {^Passed November 16. 

^ No bill appears to have been found. 



[1st Si>ss.] Province Laws (Besolves, etc.). — 1754-55. 223 



CHAPTER 134. 

ORDER DIRECTING ASSESSORS TO SEND LISTS OF NEGROE SLAVES TO 

THE SECRETARY. 

Ordered That the Assesors of the several Towns & Districts within Legislative 
this Province forthwith Send into the secretarys Office the Exact councn.xx"*^ 
Number of the Nesrro slaves both Males and females sixteen Years 323. Mass. 



Old & upward that are within their respective towns & districts, sso; 



Archives, ix. 



[Passed November 19. House Jour- 

nal, p. 119. 



CHAPTER 135. 

ORDER GRANTING TO SARAH FOX LICENCE TO KEEP AN INN. 

A Petition of Nathaniel Eussell Escf in behalf of Sarah Fox Legislative 
of Littleton, Praying for Keasons particularly mentioned in said councif xx!)^^ 
Petition, that the Court of GJ-eneral Sessions of the Peace for the 323. Mass. 

• • A.rciiivG8 CXI 

County of Middlesex, may be impowered at their next Term to 32s. ' 
grant the said Sarah Fox a Licence to keep an Inn or Tavern in House Jour- 
the said Town, '^a'' p- "9- 

Read & 

Ordered that the prayer of the petition be so far granted that the 
Justices of the Court of General sessions of the peace for the County 
of Middlesex at their Next term be impowered (if they Judge meet) 
to Licence the S*^ Sarah Fox to keep a house of publick Entertain- . 
ment in the town of Littleton She Obtaining the Approbation of 
the Select men of Said town the time for granting of licences being 
Elapsed Notwithstanding. [Passed November 19. 



CHAPTER 136. 

ORDER ESTABLISHING THE PAY OF SOLDIERS SENT TO THE RELIEF 
OF SHEFFIELD, STOCKBRIDGE AND POONTOSUCK. 

A Memorial of Israel Ashley, shewing forth that he together Legislative 
with Isaac Colton, were sent by Col° Worthington with a Number coimc^lf, xx*!^^ 
of Men for the Relief of Stockbridge, at the late Allarm there, f^^,,>fff • ' 
Praying that this Court would appoint an Establishment of Wages ixxiv.,264. 
for the Officers & Soldiers in that Service; Mass. 

■Dp„^ i^ Archives, 

^Saa A, lxxiv.,264,271. 

Ordered that the prayer of the Pet'' be so far granted as that two Legislative 
Captains* be Allowed four shillings ^ day each for man horse &c council, xx., 
two Lieutenants three shillings }p day & the Common soldiers Two jo'irnai,^*'^^^ 
Shillings ^ day for the Companies that were sent out for the relief pp. 101, iis. 
of Sheffield Stockbridge & poontosuck in the late Alarm there. 
[Passed November 19. 

^ The House Journal, p. 118, reads, "Companies." 



224 



Province Laws (^Resolves ^ etc.). — 1754-55. [Chaps. 137-139.] 



CHAPTER 137. 



Legislative 
Records of the 
Council, XX., 
325. Mass. 
Archives, xix., 
229. 



ORDER EMPOWERING ELIZABETH NOYCE TO JOIN IN SALE OF LAND. 

A Petition of Elisabeth Noyce one of the Daughters of Hannah 

Bradford of Hiugham dec*^ shewing that her late Mother by Will, 

left her Real Estate which consists among other Things of some old 

Buildings in Boston, and a Parcell of Wood Land in Kingston, to 

A^li-' 'ix ^® equally divided among her four Daughters, that the Petitioners 

228,230. iiouse three Sisters are desirous to have the said Buildings & Wood Land 

pp!^ioi^,'ii8. sold, but the Petitioner herself is restrained from joining with them, 

by some Words in the Will, Therefore praying that this Court would 

impowerher to join with her Sisters, in the Sale of the said Estate. 

Read & 

Ordered that the prayer of the Petition be granted and that the 
Petitioner be & hereby is Enable [d] & Impowered to Join with her 
sisters in the Sale of the Houses & Lands mentioned in the peti- 
tion and with them to Execute a good & sufficient Deed or Deeds 
thereof She first giving Caution to the Judge for the County of 
Plymouth & the Judge of Probate for the County of Suffolk that 
the monies arising by the Sale of her part be for the benefit of her 
Children as Mentioned in the Will of her late Mother M" Hannah 
Bradford. \_Passed November 19. 



CHAPTER 138. 

ORDER WITH STAY OF EXECUTION ON THE PET^ OF THE SELECT MEN 
OF LYN IN REGARD TO HIGHWAYS. 



Legislative 
Records of the 
Council, XX., 
326. Mass. 
Archives, 
exxi., 311. 

Mass. 
Archives, 
cxxi., 309. 
House Jour- 
nal, pp. 112, 113. 



A Petition of Benjamin Newhall in behalf of the Select Men 
of the Town of Lyn, shewing that the said Select Men were pre- 
sented to the Court of General Sessions of the Peace for the County 
of Essex for the Towns not repairing their High ways, and Judg- 
ment went against them by Default ; and for as much as their absence 
from the Court, was occasioned by the Attorney General's declaring 
himself satisfied in the Case, Praying for Relief from this Court. 

Read and 

Ordered that the prayer of the pet° be granted & that the Jus- 
tices of the Court of General Sessions of the peace for the County 
of Essex at their Next Term be impowered to Consider the present- 
ment within mentioned Anew & that Execution be Stayed Upon the 
Judgm* mentioned in the mean time. ^Passed November 19. 



CHAPTER 139. 



Legislative 
Records of the 
Council, XX., 
310. Mass. 
Archives, 
ccxlviii., 107. 



ORDER ALLOWING THE ACC^ OF THE TREAS» OF BRISTOL COUNTY. 

An Accompt presented by M'' Robert Lyscomb, Treasurer of the 
County of Bristol for the last Year, having been by him laid before 
the Court of General Sessions of the Peace for the said County & 
by them allowed. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 225 

Read & it Appearing that the within Accounts are Eight cast & naTpp'^g^g' 
well vouclied & that there is a Ballance due to Robert Lusconibe the 
Treasurer, of two pounds seven shillings & two pence one farthing 
& eight fifteenths of a farthing 

Ordered that there be Allowed & paid out of the County * Treas- 
ury of the County of Bristol to S" Robert Lusconibe the Said Sum. 
\_Passed November 19.^ 



CHAPTER 140. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR SECURING 
THE FRONTIER TOWARDS HUDSON'S RIVER. 

The Committee appointed to consider the State of the Frontiers Legislative 
reported their Opinion, That a Fort be built about half way from coundf, xx^.f ® 
Fort Massachusetts to Hudsons River, in the most convenient Place ^]i\^^^^^- 
for the Erecting the same; And that a small Block House be built ixxiv.,27'2. 
at new Framingham, & that lately built at Pontoosuck be continued. Legislative 
untill further Orders be given respecting the same, and that a Com- councif xx!*^^ 
mittee be appointed by this Court to view the Western Frontier, at 3ii. House' 
Fall Town, Charlmount,"Colrain, New Framingham, Pontoosuck, pp^m^iio. 
Stockbridge & Sheffield; The said Committee to provide Materials tol-yo'/pitts- 
& Workmen for building the said Fort, & Block House; The Block- field, 1734-isoo, 
house at New Framingham not to be built, unless the Committee upon ^^'" 
View judge it necessary; and further that the said Committee deter- 
mine what shall be allowed for the Garrison at Pontoosuck ; And 
the Com*®^ are further of Opinion that a Sum not exceeding five hun- 
dred & thirty Pounds be put into the Hands of the Committee that 
may be appointed, said Sum to be employed in building said Fort 
& Block House, and for that already built at Pontoosuck, and the 
Repairs of the Garrison built heretofore by the Province on said 
Frontier, and such further Defence there as they may Judge abso- 
lutely necessary; 

(Signed) Jacob Wendell per Order, 

Read & 

Ordered that the foregoing report be Accepted. [Passed Novem- 
ber 20.' 



CHAPTER 141. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO 
THE EASTERN FRONTIERS. 

The Committee appointed to consider & report on the State of R|ford"of the 
the Frontiers, further reported their Opinion, that a Committee be Council, xx., 
appointed by this Court to take a View of the Eastern Frontiers, Archives,"' 
viz* a new Town above Berwick, Phillips Town, Saco Truck House, ixxiv., 273. 
Narraganset, Gorham Town, Sabago, New Marblehead, Saparapa, ^jf"^®/io"'"i.2i 
Phillips Town Mills, Brunswick Fort, & Topsham ; x\nd that there SMpri'^cha'p. 
be put into the Hands of the said Comm*" the Sum of Four hun- ^*'^- 

' The word " County" is underlined in the original. 

"^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is November 8. 

' This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is November 19. 



226 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 142, 143.] 



dred & Seventy Pounds, & by them to be improved in building a 
Fort at the Ten Miles Falls on Amerescoggin Eiver in Lieu of 
Brunswick Fort, and for repairing the several Garrisons in the 
above mentioned Frontier, & for strengthning the same against 
the common Enemy, 

All which is submitted ; Per Order Jacob Wendell. 

Eead & 

Ordered that the foregoing report be Accepted. \^Passed Novem- 
her20.' 



Legislative 
Kecords of the 
Council, XX., 
324. Mass. 
Archives, vi., 
167. 

House Jour- 
nal, pp. 101, 120. 
Supra, chap. 
141. 



CHAPTEE 142. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE FRONT« 
BETWEEN CONNECT^ & MERRIMACK RIVERS. 

The Committee appointed to view the State of the Frontiers 
further reported their Opinion, that a Committee be appointed to 
view the Frontier lying between Connecticut & Merrimack Eivers ; 
viz* Gardners Canada Township, Royalshire, Ipswich-Canada, & Dor- 
chester Canada ; And that One hundred Pounds be put into the Hands 
of said Committee, and by them to be improved in building two Block 
Houses, and repairing the Fortification already built by the Province 
in said Township. 

Read and 

Ordered that the foregoing Report be Accepted. [Passed Novem- 
ber 20.' 



CHAPTEE 143. 



ORDER CONFIRMING PROCEEDINGS AT THE MEETINGS OF THE FIRST 

PARISH IN WELLS. 



Legislative 
Records of the 
Council, XX., 
327. Mass. 
Archives, cv., 
481. 

Mass. . 
Archives, cv., 
4*80. House 
Journal, 
pp. 112, 124. 
Ante, p. 169, 
chap. 3. 



A Petition of John Storer Esq"' & others, Freeholders & Inhabi- 
tants in the first Parish in Welles, shewing that since their being 
constituted a Parish, they have not strictly observed the Law of the 
Province for holding the Annual Meetings, for the Election of Parish 
Officers &c^ in the Month of March, altho they have otherwise acted 
regularly & conformable to Law, Praying that their Proceedings in 
said Meetings may be confirmed by an Order of this Court; 

Read & 

Ordered that the prayer of the Petition be granted and that all 
the proceedings of the first Parish in the town of Wells at their 
Past Parish Meetings which ought to have been held in the months 
of March Annually be Established & Confirmed to all intents & pur- 
poses as if they had been held in S'^ Months of March provided they 
are otherwise Agreeable to Law. [Passed November 22."^ 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is November 19. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is November 21. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 227 



CHAPTER 144. 

ORDER IMPOWERING ISAAC NICHOLS, EXECUTOR, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Isaac Nichols, Exectutor of the last Will & Tes- Legislative 
tament of Henry Wilkins, late of Middleton in the County of Essex counc'if, xi!f^ 
Dec*^ & Guardian of his two Daughters, Elisabeth & Ruth Wilkins, f Jchivis^ku 
Persons Non Compos, with other Persons, setting forth the Circum- 147. ' " '' 
stances of the Estate. in Middleton, which the said Henry disposs'd Mass. 
of by Will for the Support of his two Daughters above mentioned, u5?'^House^^'' 
Praying that the Petitioner may be impowered to sell the Real Estate Journal, pp. 12, 
in Middleton, which they apprehend best for the said Daughters ; ^' ' '^" 

Read & 

Ordered that the prayer of the pef^ be so far granted as that the 
S"* Isaac the pef in his Said Capacity be & hereby is impowered to 
Make Sale of the real Estate therein mentioned for the most the 
Same will fetch & to Execute in due form of Law A good Deed or 
Deeds of the Same he observing the direction of the Law respect- 
ing the Sale of Real Estates and out of the proceeds of S** Sale to 
pay the Just Legacies in S*" Will bequeathed Still due & Unpaid & 
that the Overplus Arising by Sale be by the S*^ Isaac put out to In- 
terest One third part of Said Interest to be paid unto the widow 
within mentioned Annually upon this Condition only that She by 
a marriage Covenant or otherwise hath not Barred herself of her 
right of Dower to Said Estate the other Two thirds of Said Interest 
to be Applyed to & for the Support & Maintenance of Elisabeth & 
Ruth Wilkins y® within Mentioned persons Non Compos And that 
the S*^ Isaac Nichols give Caution to the Judge of Probate for the 
County of Essex that the same Shall be Apply'd Accordingly ' And 
that the remainder of S*^ Estate (' after the death of the said ' Elisa- 
beth & Ruth Shall be divided Among those Unto whom [by] ' Said 
Will the Said real Estate would have descended had not the Same 
been Sold. \_Passed November 22." 



CHAPTER 145. 

ORDER ON THE PETITION OF THE TOWN OF BRIDGEWATER IN REGARD 
TO TAXES SINCE THE CHANGE OF CERTAIN BOUNDARIES. 

A Petition of the Select Men of the Town of Bridgewater, Legislative 
shewing that a considerable Number of the Inhabitants of the said councif,xx!f* 
Town, were the last Year sett off to the Town of Pembroke, not- ^^-^-^^ll^- 
withstanding which the said Town of Bridgwater are taxed this cxvi., 740! 
Year without any Regard had, to the Lessening the Number of m^ss. 
their Inhabitants, and their Estates, Praying this Court would ^x^^L^m 
Order a Repayment of their extraordinary Tax. House Jour- 

r-r^ -I p -I nal, pp. 53, 12o. 

[Read i&\ Ante,\^. 177, 

Ordered that the Town of Pembroke pay unto the Town of Bridg- '^^^^^ -°- 
water the Sum of four pounds sixteen shillings being that part of 

' MS. mutilated. 
' Sic, as to parenthesis. 

' Inserted from Legislative Records of the Council, xx., 332. 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is November 23. 



228 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 146, 147.] 



the Town of Bridgwaters proportion to pay in the last Tax that was 
Annexed to Pembroke and that for the future the Town of Bridg- 
water be Abated the Sum of five shillings & four pence in their pro- 
portion to a Tax of 1,000 pounds and the Same be Added to Pembrokes 
proportion That the Town of Pembroke also pay Unto the Town of 
Hanover the Sum of Three pounds nineteen shillings being that part 
of the Town of Hanover's proportion to pay in the Last Tax that 
was Annexed to Pembroke And that for the future the Town of 
Hanover be abated the Sum of four shillings & four pence in their 
proportion to a Tax of a 1,000 pounds And that the Same be added 
to the Town of Pembrokes Proportion That the town of Pembroke 
Also pay unto the Town of Abington the Sum of twelve shillings 
being that part of the Town of Abingtons, proportion to pay in the 
last Tax that was Annexed to Pembroke and that for the future 
the town of Abington be Abated the Sum of three pence in their 
projjortion to a Tax of a 1,000 And that the Same be added to the 
town of Pembrokes proportion and as for the Town of Hallifax 
the Committee having received no Information what part thereof 
was Annexed to Pembroke can make no Eeport in relation to that 
Town. {^Passed November 23.^ 



CHAPTEE 146. 



Legislative 
Records of the 
Council, XX., 
331. Mass. 
Archives, 
Ixxiv., 281. 

House Jour- 
nal, p. 123 his. 
Ante, p. 226, 
chap. 142. 



ORDER APPOINTING A COMtee fqR BUILDING AND REPAIRING FORTI- 
FICATIONS BETWEEN CONNECTICUT & MERRIMACK RIVERS. 

Ordered that James Minot William Kichardson & John Chandler 
Jun'' Esq''' be a Committee (Under the direction of his Excellency the 
Cap* General) to lay out the money Granted this Sitting of the Court 
for the building And repairing the fortifications between Connecticut 
& & '^ Meremack Eivers. \^Passed Novemler 23. 



CHAPTEE 147 



Legislative 
Records of the 
Council, XX., 
331. Mass. 
Archives, 
Ixxiv., 280. 

House Jour- 
nal, p. 123 bis. 
Ante,]'). 225, 
chap. 140. 



ORDER APPOINTING A COM'^ee pQR BUILDING AND REPAIRING FORTI- 
FICATIONS ON THE WESTERN FRONTIER. 

Ordered that Elijah Williams Timothy Euggles & Joseph Hawley 
Esq" be a Committee Under the direction of his Excellency the Cap- 
tain General to lay out the money granted this Sitting of the Court 
for the building & repairing the fortifications on that part of the 
Frontier West of Connecticut River. [Passed JVovemher 23: 

1 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is November 22. 
» Sic. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 229 



CHAPTEK 148. 

ORDER APPOINTING A COM'^'^e FOR BUILDING AND REPAIRING FORTI- Legislative 

FICATIONS ON THE EASTERN FRONTIER. Councif x^*^^ 

331. Mass. '' 

Ordered that Jedadiah Pribble ' Joseph Gerrish & Caleb Gushing ^xi^^."^279. 
Esq""* be a Committee Under the direction of his Excellency the Leo-isiative — 
Cap' General to lay out the money granted this Sitting of the Records of the 
Court for the building & repairing the fortifications on that part 326!^'^ House"' 
of the frontier at the Eastern parts of the province. [^Passed pp^i23^^i24. 
Noveiiiber 23. ^nte, p. 225, 

chap. 141. 



CHAPTER 149. 

ORDER ALLOWING £3. 5. 4 TO THO^ COLBY. 



A Petition of Thomas Colby of Amesbury, shewing that in the Legislative 
last War with the French, he was a Soldier in the Eastern Parts of councif, .xi!f ^ 
the Province, in the Company of Capt Sylvanus Cobb, that by Mis- ssi. Mass. 
take he was left out of the Muster Roll, and as yet has received no ixxiv., 241. 
Wages for his Service, Praying that this Court would now make him Mass. 
allowance for the same. bocw^^ti. 

Read & House Jour- 

Ordered that the prayer of the petition be so far granted that the °^ 'PP- ' > 
Petitioner be Allowed & paid out of the publick Treasury the Sum 
of three pounds five shillings & four pence in full of his Wages 
mentioned in the petition. {^Passed November 23. 



CHAPTER 150. 

ORDER ALLOWING £9 FOR THE SURVEY OF A TRACT OF PROV<^= LAND Legislative 

ADJOINING TO NORTHAMPTON. Records of the 

Council, XX., 
332. Mass. 

Oliver Partridge Esq'' presented a plan of 21,246 Acres of '^{^^%p 

land lying West of & adjoining to the Township of Northampton 

which was taken by an order of the House of Representatives of Archives, 
the IV^ of Jan'-y last together with an Account of M^ Elisha Haw- Mjpdnd'^'*" 
ley the Surveyor employed in taking S'^ Plan u'^^h ^^^^^' 

Ordered that the Sum of Nine pounds be Allowed & paid out of journal, p. 130. 
the Publick Treasury to S'^ Hawley in full of s'l account. [Passed i^H'^^^^^' 
Noveiiiber 23. 



CHAPTER 151. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, &cA, FOR THE COUNTY OF WORCESTER AND ALLOWING £2. 2 
EXPENSE THEREOF. 

A Report presented by the Committee for lettins: out to farm Legislative 
the Excise upon Tea, Coffee &c^ in the County of Worcester, that g^di^xx.?^ 
they had duly put up the same, but no Person appeared to farm 332. 

^ The House Journal, p. 124, reads, "Prebble." 



230 



Province Laws {Besolves, etc.). — 1754-55. [Chaps. 152-154.] 



House Jour- 
nal, p. 131. 
Ante, p. 26, 
chap. 48. 



the said Excise, & praying Allowance for their Time & Expence 
therein, amount^ to the Sum of £2.2. 

Eead & 

Ordered that the Sum of Two Pounds, two shillings, be allowed 
& paid out of the publick Treasury to said Committee in full of 
their Accompt. [^Passed ^November 25. 



Legislative 
Records of the 
Council, XX., 
333. 

House Jour- 
nal, p. 131. 
Ante, p. 27, 
chap. 52. 



CHAPTEK 152. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE 
ON TEA, &c, FOR THE COUNTY OF YORK AND ALLOWING £2. 3. 8 EX- 
PENSE THEREOF. 

The Committee appointed to let to farm the Excise upon Tea, 
Coffee &c^ in the County of York, reported that they had agreed 
for the same with M' Foxwell Curtis Cutt, for Seven Pounds, ten 
shillings & had taken his Bond for the same, and lodged it with 
the Province Treasurer, their Acco' of Time & Expence amounting 
to £2.3.8:. Eead & 

Ordered that the Eeport be accepted, and that the s^ Committee, 
be allowed the Sum of Two Pounds, three shill^^ & eight pence, 
in full of their Accompt, to be paid out of the publick Treasury. 
l^Passed November 25. 



CHAPTEE 153. 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE 
ON TEA, &c^ FOR THE COUNTY OF HAMPSHIRE AND ALLOWING 14/8 
EXPENSE THEREON. 



Legislative 
Records of the 
Goiincil, XX., 
333. Mass. 
Archives, cxx., 
69. 

House Jour- 
nal, p. 131. 
Ante, p. 26, 
chap. 47. 



The Committee appointed to let out to farm the Excise upon 
Tea &c^ in the County of Hampshire, reported that they had agreed 
for the same with David Ingersol Esq' for Six Pounds, seven shil- 
lings, & had taken his Bond for the same, & lodged it with the Prov- 
ince Treasurer their Accompt of Time & Expence amounting to 
14/8 : 

Eead & 

Ordered that the Above report be Accepted & that the S<^ Com- 
mittee be Allowed the Sum of fourteen shillings & Eight pence in 
full of the above account & that the Same be paid out of the pub- 
lick Treasury. \^Passed November 25. 



CHAPTER 154. 



ORDER ADJOURNING THE COURTS OF BARNSTABLE COUNTY. 



Legislative 
Records of the 
Council, XX., 
334. Mass. 
Archives, 
xliv., 69. 



Whereas Divers of the Justices of the Court of General Sessions 
of the Peace and Inferiour Court of Common pleas, which by Law 
is to be holden att Barnstable in the County of Barnstable On the 
First Tuesday of December next are members of this Court and 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 231 



the important afairs of the Province now Depending require their House Jour- 
attendance thereon 

Wherefore 

Ordered That the Courts aforementioned (That were to be held 
att the time af ores'*) be adjourned to the First Tuesday of Jan- -- ^ 

uary next to be held att the Court house in S*^ Town of Barnstable 
att Ten of the Clock in the forenoon of s*^ Day. And aU pleas, 
writts, Actions, Suits, Plaints, Processes, Preecepts, Recognizances 
And Other thing And things whatsoever returnable or having Day 
or Days in the s^ Court Shall stand abide and continue unto the 
s'* adjournment And be held demeed And Adjudged to be as good 
efectual and available in Law to all intents constructions and pur- 
poses as if Such Courts had been held and kept on the Day by Law 
for holding the Same And no Adjournment thereof had been made. 
\^Passed November 26. 



CHAPTEK 155. 

ORDER FOR THE COMMISSARY GENERAL TO INSPECT MUSTER ROLLS. 

Ordered that the Commissary General, repair to the late Treas- Legislative 
urer William Foye Esq"" & inspect the Muster Rolls in his Custody, counSf.xx! 
and return to this Court an Accompt of the Persons Names, born ^ 



thereon who have not received their Pay. \ Passed Noveinher 26. House Jour- 

■' ■- nal, p. 135. 



CHAPTEK 156. 

ORDER ADJOURNING THE COURTS OF BRISTOL COUNTY. 

Whereas divers of the Justices of the Court of General Sessions Legislative 
of the Peace, & Inferiour Court of Common Pleas, which by Law councff xx*^° 
are to be holden at Taunton, in & for the County of Bristol, on 335. Mass"."' 
the second tuesday of December instant are members of this Court; xiivl'.'sl.^' 
& the important affairs of the Province, now depending, require House Jour, 
their attendance thereon Wherefore nai pp. 138,139. 

Afttc D 59 

Ordered that the Courts afores** & that were to be holden at the chap! \u. ' 
time af ores'* be adjourned to the second tuesday of march next to 
be held at the Court house in s** town of Taunton at ten a clock in 
the forenoon of s'' day. And all pleas writts, actions suitts Plaints, 
Processes Preecepts, Recognisances, & other thing or things what- 
soever, returnable, or having day, or days in the s** County,' shall 
stand, abide & continue unto the s** adjourment * & be held deemed 
& adjudged, to be as good effectual & available in Law: to all in- 
tents, construction & purposes, as if such courts had been held, & 
kept on the day by law for holding the same, and no adjour- 

ment thereof had been made. [Passed December 3. 

' The word " County " is underlined in Mass. Archives. 
^ Sic. 



232 



Province Laws (Hesolves, etc.) . — 1754-55. [Chaps. 157-159.] 



CHAPTER 157. 



Legislative 
Records of the 
Council, XX., 
336. Mass. 
Archives, cxi., 
330. 

Mass. 

Archives, cxi., 
329. House 
Journal, p. 137. 



ORDER GRANTING TO JAMES DAVENPORT LICENCE TO KEEP AN INN. 

A Petition of James Davenport of the Town of Boston Tavern- 
keeper shewing that he has now an .Opportunity to remove into 
a House, more commodious for a Tavern than that he now dwells 
usually called the Bunch of Grapes, Tavern, being in the Town of 
Boston, Praying that the Court of General Sessions of the Peace 
for the County of Suffolk may be enabled to grant him a Licence 
for said House, 

[Eead &] 

Ordered That the Prayer of this Petition be so far granted as that 
the Justices of the Court of General Sessions of the Peace for the 
County of Suffolk at their present Adjournm* or some other Time, 
be impowered (if they See fitt) to Licence the Petitioner to be an 
Inholder in y* Town of Boston in the House coinonly known by the 
name of the Bunch of Grapes near Scarletts Wharfe, He Obtaining 
the Approbation of the Selectmen of Said Town, The time of grant- 
ing Licences being elapsed Notwithstanding. [Passed December 3. 



CHAPTER 158. 



Legislative 
Records of the 
Council, XX., 
337. 

House Jour- 
nal, p. 188. 



ORDER GRANTING TO MARG'^ HOGG LICENCE TO SELL STRONG DRINK. 

A Petition of Margaret Hogg of Boston, Retailer, shewing that 
by Reason of the Farmer of Excise for the County of Suffolk, not 
calling at her House for the last Years Excise as he promised to do, 
she failed of renewing her Licence at the proper Season, Praying 
that the Court of General Sessions of the Peace for the said County 
may be impowered to grant her Licence at their next Meeting : 

Read & 

Ordered that the Prayer of the Petition be so far granted, as that 
the Justices of the Court of General Sessions of the Peace for the 
County of Suffolk, be impowered at their present Adjournment, or 
at some other Time, if they see fit, to licence the Petitioner, to be 
a Retailer of Spirituous Liquors in the Town of Boston, She ob- 
taining the Approbation of the Select Men of said Town, and pro- 
ducing a Discharge from the Farmer of Excise of his Demands for 
the Year past, the time for granting Licences being elapsed notwith- 
standing. [Passed December 3. 



CHAPTER 159 



Legislative 
Records of the 
Council, XX., 
336. Mass. 
Archives, cxi., 
327. 



ORDER GRANTING TO JOHN PALMER LICENCE TO KEEP AN INN. 

A Petition of John Palmer of Situate in the County of Plymouth, 
shewing that he hath obtained the Approbation of the Select Men 
of said Town to keep a Tavern there; his House being well situated 
& accomodated for the same. Praying that the Court of General Ses- 



[1st Sess.] Province Laws (Besolves, etc.). — 1754-55. 233 

sions of the Peace for the said County may be impowered by this Mass. 
Court to grant him a Licence to keep a Tavern there. Mef^House'^'' 

[Eead, &] . Journal, p. m 

Ordered That the Prayer of this Petition be so far granted as that 
the Justices of the Court of General Sessions of the Peace for the 
County of Plymouth be and hereby are impowered at their next 
Term to License the Petitioner (if they see fitt) to be an Inn holder 
in the Town of Scituate, he first Obtaining the Approbation of the 
Select-men of said Town, the Time of granting Licenses being elapsed 
Notwithstanding. [Passed December 4.^ 



CHAPTEK 160. 

ORDER ADJOURN'- THE COURTS OF MIDDLES^ COUNTY. 

In the house of Representives R^^^^it^^^fth 

Whereas Divers of the Justices of the Court of General Sessions council, xx., 
of the Peace & Inferiour Court of Common Pleas, which by Law Arehfves^^' 
are to be holden att Charlstown in & for the County of middlesex on xiiv., S2. ' 
the second tuesday of December instant, are members of this Court, House Jour- 
& the important afEairs of the Province now depending require their prOTince '^' 
attendance thereon Wherefore ciiap%-"'' ^^' 

Ordered that the Courts af ores^ (* that were to be held at the time 
afores*^ be adjourned to the first tuesday of January next to be held 
at the Court house in s'^ Town of Charlstown at ten a clock in the 
forenoon of s'" day. 

And all pleas writts actions suits Plaints, Processes Preceepts 
Recognisances, & other thing, & things whatsoever returnable, or 
having day, or days in the s*^ County shall stand abide, & continue 
unto the s'^ adjourment & be held demeed, »& adjudged, to be as 
good effectual, & available, in law to all intents construction, & 
purposes, as if such courts had been held & kept on the day by 
law for holding the same & no adjourment thereof had been made 
In Council, 

Read & Concur'd And the Sheriff of the said County of Middlesex 
is hereby required to take Care seasonably to publish this Order in 
Manner as usual. 

In the House of Rep^ Read & Concurred. [Passed December 4.^ 



CHAPTER 161. 

ORDER PRESENTING EQUIPMENTS TO OFFICERS AND SOLDIERS UNDER 
COMMAND OF MAJOR GEN'- JOHN WINSLOW. 

A Petition of John Winslow Esq'' Commander in Chief of the Legislative 
Forces lately in the Service of this Province Eastward, shewing councff, xx*'^^ 
that the Blankets, Knapsacks & Bandileers provided for the Use 33s. Mass. ' 
of the Soldiers in the said Expedition, are many of them almost ixxiv., 2S5. 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is December 3. 

'^ Sic, as to parenthesis. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is December 3. 



2d4i Province Laws {Resolves, etc.) . — 1754-55. [Chaps. 162, 163.] 



Mass. 
Archives, 
Ixxiv., 284. 
House Jour- 
nal, p. 140. 
Province 
Laws, iii., 835, 
note. 



worn out, by Eeason of the Hardness of the Service, praying that 
those Things may not be charged to the Soldiers but given to them.* 

[Read &] 

Or'derkl That the Prayer of this Pet° be granted, And that the 
Blanketts Knapsacks & Bandileers delivered to the Officers & Sol- 
diers employed in the late Service at the Eastward under the Cofnand 
of Maj"" General Winslow be given to the said officers and Soldiers 
gratis, And the Commissary General is hereby directed not to charge 
the said Articles in their particular Accounts. [Passed December 5. 



Legislative 
Records of the 
Council, XX., 
339. Mass. 
Archives, xix., 
•2-23. 

Mass. 

Archives, xix., 
222. House 
Journal, 
pp. 129, 142, 
143. Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 162. 

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

A Petition of Caleb Chaflin Admin'' of the Estate of Israel Til- 
ton late of Hopkinston in the County .of Middlesex dec*^ & Guar- 
dian of his only Child, shewing that the Debts on his Estate are 
much more than the personal Estate will discharge, and the real 
Estate is very small, and therefore Praying this Court that the 
Petitioner may be impowered to sell the whole Real Estate which 
will be most for the Benefit of the said Minor. 

Read [and] 

Ordered, That the Prayer of this Pet° be so far granted as that 
the Pef in his said Capacity of Administrator, be licensed and 
Authorized to make sale of the whole of the reall Estate mentioned 
in the Pet° for the most it will fetch and to execute a good & Suffi- 
cient Deed or Deeds thereof in the Law, first Observing the Rules 
of the Law for the Sale of Intestates Estates, and giving proper 
Caution to the Judge of Probate for the County of Midd^ For the 
Annual Payment of the lawful Interest of One third Part of the 
Sum produced by such Sale, to the Widow, during her natural Life, 
as likewise for the Payment of the Debts mentioned in the Petition 
& for securing the Remainder for the Use of the Child. \Passed 
December 6. 



CHAPTER 163. 



Legislative 
Records of the 
Council, XX., 
340. Mass. 
Archives, 
,xliv., 85. 

House Jour- 
nal, pp. 145, 146. 
Province 
Laws, iii., 64, 
chap. 32. 



ORDER ADJOURNING THE COURTS OF PLYMOUTH COUNTY. 

Whereas Divers of the Justices of the Court of General Ses- 
sions of the Peace and Inferiour Court of Comon Pleas which By 
Law is to Be Holden at Plymouth In the County of Plymouth on 
the third Tuesday of December Current are Members of this Court 
And the Important affairs of the Province now Depending Require 
their Attendance thereon wherefore 

Ordered that the Courts aforementioned (that Were to Be Held 
att the Time afores*^) Be adjourned to the second Tuesday of Jan- 
uary next to Be Held at the Court House In s'^ Town of Plymouth 
at Ten of the Clock In the forenoon of s*^ day and all Pleas writs 
actions suits Plaints Processes Precipts Recognizances and Other 
thing & things what so Ever Returnable or haveing Day or Days 
In the s'' Courts shall stand abide and Continue unto the s*^ adjourn- 

1 The House Journal, p. 140, adds the word, "gratis." 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 235 

ment and Be Held Deemed and adjudged to Be as Good Effectual 
and available In Law to all Intents Constructions and Purposes as 
If such Courts had Been Held and Kept on the day by Law for 
Holding the same and No adjourment thereof had Been Made. 
[Passed December 10. 



CHAPTER 164. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
NATHAN PEABODY & SPENCER BENNET FOR A NEW TRIAL. 

A Petition of Nathan Peabody & Spencer Bennet, shewing that Rlfor^^^J^the 
by Reason of A Mistake in the Award of Eefferrees in a Cause council, xx., 
between the Petitioners and one Israel Averil, given in at the In- Archfvesf' 
feriour Court held at Newbury in September last, the Petitioners xii^-. "^- 
are much injured ; and therefore Praying the Execution on the Judg- Mass. 
ment against them may be stayed, & that they may be admitted to xiiv., to. ' 
a new Trial, either before the Court or the same Refferrees. mirp^i«"^" 

Read & 

Ordered That the Pet" serve the Adverse Party Israel Averell 
with a Copy of the Pet° That he shew Cause (if any he have) on 
the second Friday of the next sitting of this Court, why the prayer 
thereof should not be granted. And that Execution be staled in 
the mean time. \_Passed December 10. 



CHAPTER 165. 

ORDER IMPOWERING THE TOWN OF HARWICH TO CHOOSE CONSTABLES 

OR COLLECTORS. 

A Petition of Barnabas Freeman & Jabez Snow, Agents for the Legislative 
Town of Harwich, shewing that the said Town have been in the Prac- counSf, xx!,^^ 
tice of chusing two Constables annually for said Town, but divers ^i- Mass. 
Things happened in their Proceed^^ this Year in Relation to their cxvi., 753'. 
Constables, which has deprived them of the Benefit of one of their Mass. 
said Officers, and therefore Praying that they may be allowed another ^^1*^^11' 
Meeting for chusing that Officer- House Jour. 

T, 1 f. ° nal, pp. 71, 116. 

Read dc 

Ordered That the Prayer of this Petition be so far granted as 
that the said Town of Harwich be hereby enabled and impowered 
at a Meeting to be called for that purpose to choose one or more 
Constables or Collectors to serve in said Town for the Current Year, 
the Time by Law for chusing such Officers being elapsed Notwith- 
standing; And such person or persons so chosen shall be Obliged to 
do the Duties, and incur the penalties to all intents And purposes 
as fully as if they had been chosen in March last. [Passed Decem- 
ber 10. 



236 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 166-168.] 



CHAPTER 166. 



ORDER IMPOWERING ICHABOD GOODWIN & HANNAH AYER, ADMINIS- 
TRATORS, TO SELL AN ESTATE. 



Legislative 
Records of the 
Council, XX., 
344. Mass. 
Archives, xlx., 
206. 

Mass. 

Archives, xlx., 
'202,205. House 
Journal, pp.74, 
143, 146, 150. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Ichabod Goodwin & Hannah Ayer Administrators 
of the Estate of James Scammon late of Biddeford in the County 
of York Dec'^ Intestate, setting forth that the said Estate has been 
represented insolvent to the Judge of Probate, that the said Judge 
has set off the Widows Dower, Praying that this Court would im- 
power the Petitioners to sell the whole of the Real Estate for the 
Payment of the just Debts due thereon, 

Read & 

Ordered ; that y® prayer of the petition be So far Granted; as that 
the Petitioners; be and are hereby; Impowered; in their Said CajDac- 
ity of Administ"; To make Sale of the whole of the Estate men- 
tioned (Saveing only y® widows Right of Dower or jjower of thirds, 
as already Set out,) and to make and Execute in Due form of Law a 
good Deed or Deeds, for the Conveyance thereof to Such person 
or persons, as Shall Give most for the Same Provided the Peti- 
tioners, Obs erve the Directions of the Law, Respecting, Exec- 
utors, & Admors, Sale of Lands; and Give Suffisiant Caution to 
the Judge of Probates, for the County of York: To Acount for 
the Produce of the Premises; and that the Same Shall be Disposed 
of pursuant To Law. \Passed December IS, 



CHAPTEE 167. 



ORDER ALLOWING £10 TO JAMES JOHNSON. 



Legislative 
Records of the 
Council, XX., 
345. Mass. 
Archives, 
Ixxiv., 286. 



Ordered, That the Sum of Ten pounds be allowed & paid out of 
the Public Treasury to James Johnson a Captive lately come from 
Montreal, to bear his Expences in Coming here, and returning for 
the redemption of his Wife and Children.' {Passed December IS."" 



CHAPTER 168. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, &c% FOR THE COUNTY OF ESSEX AND ALLOWING 33/ 8 FOR THE 
EXPENSE THEREOF. 



Legislative 
Records of the 
Council, XX., 
345. 

House Jour- 
nal, p. 147. 
Ante, p. 25, 
chap. 45. 



The Committee for letting out to farm the Excise upon Tea, 
China Ware &c^ in the County of Essex, reported that they had 
let out the same to Peter Fry for Thirty five Pounds six shillings 
& eight pence, and have taken Bond accordingly & lodged it with 
the Treasurer, their Accompt of Time & Expence therein amount- 
ing to £1.13.8. 

Read h 

* Not found in the House Journal. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 17. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 237 

Ordered thski this Eeport be accepted, and that the said Committee 
be allowed the Sum of Thirty three shillings & eight pence, in full 
of their Accompt, & that the same be paid out of the publick Treas- 
ury. [Passed December 17. 



CHAPTER 169. 

ORDER IMPOWERING JEREMIAH WILLIAMS TO PROSECUTE HIS ACTION 
OF TRESPASS, AND JOHN DOWSE TO PROSECUTE HIS APPEAL FROM 
A SENTENCE. 

A Petition of Jeremiah Williams of Eoxbury, Praying that this Legislative 
Court would set aside an Award of John Shepherd Escf and John councif, xx!, ^ 
Holman, Eeferees on a Cause between the Petitioners Tenant John ^^cM^es^^' 
Dowse & John Mooi-ey depending in the Inferiour Court in Boston, cxxi., m 
the Proceeding therein being irregular. Mass. 

Eead and [report] x4.ccepted & thereupon ^xi!!^02-30o. 

Ordered that the prayer of the Pet" be granted and that Jeremiah ^^^^^^^""^f ... 
Williams be & hereby is impowered to prosecute his Action of Tres- council, xx., 
pass commenced against John Morey in July A.D 1753 at the next j^ufnai, pp.^ri^ 
Inferiour Court of Common Pleas to be holden at Boston within 94,95,126,157, 
and for the County of Suffolk on the first Tuesday of January next 
and the Justices of the said Court hereby are impowered & directed 
to hear and try the said Action enter up Judgment and award Exe- 
cution thereon the Award & Judgment of Court within mentioned 
notwithstanding provided the s*^ Jeremiah Williams give the s*^ Morey 
seasonable Notice of this Order. And it is further 

Ordered that John Dowse be & hereby is impowered to prosecute 
his appeal from the Sentence given ag^' him by Ebenezer Peirpoint 
Esq^ within mentioned at the Court of General Sessions of the Peace 
to be holden for the s*^ County on the first Tuesday of Jan'"'' next 
aforesaid & the Justices of the s"^ Court hereby are impow*^ and 
Directed to hear & try the s"^ Action to enter up Judgm* & award 
Execution thereon as fully to all Intents and purposes as tho the 
same had not been Included in the award aforementioned Provided 
the s*^ Dowse seasonably notify the said Morey of this Order. [Passed 
December 17. 



CHAPTER 170. 

ORDER ALLOWING £9. 6. 8 TO JOHN WALKER. 

A Petition of John Walker of Worcester shewing that he was Legislative 
a Soldier in the late Expedition against Cape Breton, that after councif, xx","^ 
his Eetiirn he continued in the Service of the Province under Capt 345. Mass. 

ArchivGS 

Moodey, but by Mistake his Wages were left out of the Muster Eoll, ixxiv., 172. 
and he has as yet received no Part thereof ; Praying that they may Mass. 
be now allowed out of the publick Treasury. ]^^xu-\^i72. 

Eead and House' Jqur- 

Ordered, That the Prayer of the Petition be granted. And that ise.'^^^'" "' ' 
the Pef be allowed and paid out of the Province Treasury, Nine 
Pounds six shillings and eight pence, in full for his Service as a 
Soldier at Cape Breton. [Passed December 17. 



238 



Province Laws {Resolves^ etc.). — 1754-55. [Chaps. 171-173.] 



CHAPTER 171. 



VOTE ELECTING GUARD^'s FOR PUNCAPAUG INDIANS. 



Legislative 
Records of the 
Council, XX., 
346. 

HoTise Jour- 
nal, pp. 147, 

156,157. Ante', Trust by the Major Vote of the Council, & House of Eepreseuta 
p^^22o.ciiap. ^-^gg^ [Passed DecemUr 17. 



The two Houses proceeded this Day to the Election of three 
Guardians of the Indians at Puncapaug: And John Quincy 

Esq'' Eobert Spur Esq"" & M'' Samuel Niles were duly elected to that 



CHAPTER 172. 



Legislative 
Records of the 
Council, XX., 
347. Mass. 
Archives, 
cxvi., 768. 

Mass. 
Archives, 
cxvi., 767. 
House Jour- 
nal, p. 155. 
Province 
Laws, iil., 628, 
chap. 8. 



ORDER REMITTING TO THE TOWN OF HARDWICK £8 FINE FOR NOT 
SENDING A REPRESENTATIVE. 

A Petition of Capt Timothy Euggles in behalf of the Town of 
Hardwick, shewing that whereas the said Town was fined for not 
sending a Representative; to the General Court in the Year 1751, 
they were then in such low Circumstances as not to be able to bear 
the Expence of it, Praying for a Remittance of said Fine. 

Read & 

Ordered, That the Prayer of the Pef^ be granted, & that the Sum 
of Eight Pounds (the sum the said Town was fined in the year 1751 
for not Sending a Representative,) be paid out of the Public Treas- 
ury to the select men of the said Town of Hardwick, for the use of 
said Town. [Passed December 17.^ 



CHAPTER 173. 



Legislative 
Records of the 
Council, XX., 
344. Mass. 
Archives, 
cix., 4, 5. 

Mass. 
Archives, 
cix., 1, 2. 
Legislative 
Records of the 
Coiincil, XX., 
343,344. House 
Journal, p. 151. 



ORDER ACCEPTING REPORT OF COMMITTEE ON THE GOV^« MESSAGE IN 
REGARD TO THE STOCKBRIDGE INDIANS. 

In the House of Rep*^ 

Ordered, That M-- Speaker, Judge Russell, Coll: Brattle, M' Tho^ 
Foster & Cap* Ruggles Avith such as the hon^'*^ Board shall join, be 
a Coinittee to take into Consideration his Excellency's Message'' of 
this day to both Houses, together with a Letter from Coll Israel Wil- 
liams accompanying the same; And report what they think proper 
for this Court to do thereon. 

In Council Read and Concur'd and Samuel Watts John Chandler 
Andrew Oliver & Joseph Pynchon Esq" are joined in the Affair 

The Cointee Appointed p this Hon"'' Court on his Excellencys 
Message'' of the 13**^ of this Instant and also on the Letter from 

1 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 19. 

^ "Gentlemen of the Council & House of Represent^"' 

I have just now received a Letter [Mass. Archives, cix., 2] from Col" Israel Williams, 
giving me an Account of the ill State of our AlTairs on the Western Frontiers, consequent 
upon the Defection of the Stockbridge Indians, & his Opinion of the great Necessity of 
reclaiming them to their Duty and Obedience to this Governm' with a Proposal of such 
Methods as he apprehends most likely to produce this happy Event. 

In the general, I can't but approve of Col° Williams's Sentiments on this Subject : How- 
ever, it is an Affair of great Moment ; And I must earnestly recommend to you the im- 
mediate Consideration of this Matter; so that some effectual Remedy if possible may be 
applied for removing this great Evil, as well as preventing the many Mischiefs that seem 
to be the unavoidable Consequences of it. 

Dec 13 1754. W Shirley " 

— Mass. Archives, cix., 1. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 239 

Co'^ Israil Williams have Consider^ the Same. & Beg Leave to Eeport 
That they are of opinion, in order to Keleive the Indians at Stock- 
bridge Under their Distressing Circumstances and to Attach them 
y® more to the English Interest That they be Receiv'^ as sol- 

diers in the province service and Receive pay and Subsistance as Such 
& put Under the Care & Direction of some Good Officer that will Use 
them Well for the Space of Six Months And that they be Inform"^ 
that they may Come to this Court and Relate their Grevences, or 
otherwise this Court Will send Up a CoiTitee to them to Inquire of 
the Same in order to have them Redress'^ as they Shall Desire 

Which is Humbly submitted ^ Sam'' Watts ^ Ord' 

Read & 

Or delved that this Rej)ort be Accepted. \^Pass6d December 19. 



CHAPTER 174. 

ORDER APPOINTING A TRUSTEE OF THE MONEY GRANTED TO EUNICE 

HOOPER. 

Ordered, That John Tasker Esq'' be & hereby is impowered to Legislative 
receive of the Province Treasurer the money granted by the Gen^ counclf.xx*!'^ 
Court in April last to Eunice Hooper, being Sixty Six Pounds thir- 347. Mass. 

X ■*■ J ArcliivGs XI \ 

teen Shillings and four pence, in the room of the Rev*^ M' Bradstreet 23i. ' ' ". ' 
(who refuses that Trust) the same To be by him paid one Third Part House Jour- 
to the said Eunice, & the other two Third Parts to the Guardian or ^nif^^^m^^'^' 
Guardians of the Children of Samuel Hooper Dec'' her late Husband, ciiap'. 369. 
to be for their Use & Benefit. \^Passed December 19. 



CHAPTER 175. 

VOTE DESIRING THE WITHDRAWAL OF FORCES IN HAMPSHIRE Legislative 

COUNTY. Records of the 

Council, XX., 
347. Mass. 

Voted, That the Cap^ General be desired to give Orders y* the i^^^^f^^ 
Forces posted at Blanford, Greenfield, Southampton and N" four zr — ^^-7— — 

• • • • xxousG Jour- 

lying in the County of Hampshire, be withdrawn. \^Passed Decern- nai, p. 159. 
ber 19. 



CHAPTER 176. 

ORDER ALLOWING £3 TO SAM^- LOWELL. 



A Petition of Samuel Lowell of Amesbury an Officer in the late Legislative 
Expedition against Cape Breton, setting forth his extraordinary Ser- coundf, x*x*.^^ 
vices in the Seige of Louisbourgh, & praying for some Considera- ^7. Mass. 
tion therefor from this Court ixxiv., 228. 

Read, And Mass. 

Ordered, That the Prayer of this Pet° be so far granted as that ^^^^^1%. 
the Petitioner be allowed & paid out of the Publick Treasury the House Jour- 
Sum of three Pounds in full Consideration of his within Mentioned ^lai. pp- leo, 162, 
Services. {^Passed December 19. 



240 



Province Laws (ii!esoZyes,e^c.). — 1754-55. [Chaps. 177,178.] 



Legislative 
Kecords of the 
Council, XX., 
348. Mass. 
Archives, 
Ixxiv., 283. 

Mass. 
Archives, 
Ixxiv., •2S2. 
House Jour- 
nal, pp. 149, 159. 



CHAPTER 177. 

ORDER ALLOWING £5. 10 TO EBENEZER BACON. 

A Petition of Ebenezer Bacon of Dudley, shewing that he is 
sued in the Law for the Charge of the Surgeon, of healing his 
Wounds received in the Service of the Province, Praying the said 
Acconipt may be paid out of the publick Treas^. 

Eead and 

Ordered, That the Prayer of this Petition be so far granted, as 
that there be paid out of the Public Treasury the sum of Five pounds 
ten shillings to the Petitioner to enable him to discharge the Debt 
mentioned in the Petition & the Charges arising on the said Action. 
[Passed Deceinber 19. 



CHAPTER 178. 



ORDER ON THE PET^ OF DAVID MORSE & OTHERS, OF NATICK, IN 
REGARD TO MAKING PROVISION FOR A MINISTERIAL TAX. 



Legislative 
Records of the 
Council, XX., 
34-2. Mass. 
Archives, xiii., 
580. 

Mass. 

Archives, xiii., 
577-579. Legis- 
lative Records 
of the Council, 
XX., 348. 
House Jour- 
nal, pp. 38, 130, 
149, 162, 163. 
Ante, p. 71, 
chap. 164. 



A Petition of David Morse & others of the Society in Natick 
whereof M'' Stephen Badger is Pastor, setting forth the Difficulties 
they are under, for raising the Sums they have obliged themselves 
to give towards the Support of their said Minister, Praying that 
they may be impowered by this Court to elect a Clerk, Assessors k 
Collectors for the Purposes beforementioned. 

Read & thereupon 

Order\l that the Petitioners & their associates (including such as 
by Order of this Court in December last were annexed to them) be, 
& they hereby are imbodied for the Purposes mentioned in the Peti- 
tion, and it shall be lawfull for them to hold meetings from time to 
time as there shall be occasion; (Such meetings to be called & warned 
in manner as by Law Precinct meetings are to be called,) and at their 
first meeting, and in the month of march annually, by a major Vote, 
to chuse a moderator. Clerk, & one or more Collectors for collecting 
the Summs agreed on, or that (by the majority of the Voters pres- 
ent at any Legal meeting called for that purpose) may be agreed on 
for the Support of the Rev*^ m'' Badger, or other ministerial Charges: 
together with other necessary officers and may agree upon any other 
method for calling such meetings for the future ' and the officers who 
shall be chosen as aforesaid, shall have the same Power as the like^ 
officers in Precincts are by Law vested with : and such as in other 
Cases are usually laid under the obligation of an oath, shall be sworn 
by a Justice of the Peace to the faithfull Discharge of their respec- 
tive Trusts. \Passed December 19. 

' The House Journal omits the words beginning, " and the officers who shall," &c., to 
the end of the sentence. 



[1st Sess.] Province Laws (Besolves, etc.). — 1754:-55. 241 



CHAPTER 179. Sttthe 

Council, XX., 
350 Mass 
VOTE DESIRING THAT FIVE COHORN MORTARS BE SENT TO FORT Archives, " 

HALIFAX. Lxxiv., 289. 



Legislative 

Voted That the Cap' General be desired to give Orders that tliere gSlf.xx.l"" 
be Five Cohorn ' Mortars sent to Fort Hallifax on Kennebeck Eiver j ^j-^f^f ^'^^ 
as soon as may be. [Passed December 20. ^n<e, p.'ye," 

•' ■- chap. 228. 



CHAPTER 180. 

ORDER ALLOWING £200 TO THE GOV* FOR HIS SERVICES AT LOUIS- 

BOURGH. 

Ordered, That the Sum of Two hundred Pounds be granted and R|forc|g"of ti^e 
paid out of the Public Treasury to his Excellency "William Shirley council, xx., 
Esq'^ Cap' General & Governor in chief of this Province, in full Con- apcMtc^s^,^' 
sideration of his Services at Louisbourg in the year 1745. \_Passed ixxiv., 2tJA. 

December 21. House Jour- 
nal, p. 166. 

CHAPTER 181. K^.^t"7,. 

Records of the 
Council, XX., 

ORDER ALLOWING £250 TO THE GOVERNOR FOR SERVICE IN THE Archiv^e^s*^' 
EASTERN PARTS. xlix.,409.' 

Legislative 

Ordered, That the Sum of Two hundred & fifty Pounds be granted councu. xx^.!"® 
& paid out of the Public Treasury to his Excellency William Shirley 252, 349. 'House 
Esq" Cap' General & Governor in chief of this Province, in full Con- ppaes^jee. 
sideration of his Services in the Eastern parts of the Province, in T™y!°^f sir 

-t^ ' i^aws. 111., boo, 

the Summer past. \ Passed December 21. note, supra^ 

'■ ■- chap. ISO. 



CHAPTER 182. 

ORDER ALLOWING NELSON FINNEY PAYMENT FOR CARE OF AN 

INDIAN. 

A Petition of Nelson Finny, shewing that in the Year 1747, he Legislative 
was at Great Charge for nursing & providing for one Mathias George councif xx*"^^ 
a sick Indian of Puncapaug ; but he has not been able to obtain a 354. Mas's. '' 
Keimbursment from the Guardians of the Puncapaug Indians, Pray- xxxii.r5oo. 
ing that this Court w** give Orders for his Eelief. m^. 

Read & ^'"^^'^^?,i. 

xxxii. 499- 

Ordered that the prayer of the Petition be So far Granted that House Jom-. 
the Petitioner be Allowed out of the monies belonging to the pun- no.' ^aiuI', ^^' 
kapoag Indians now in the hands of Samuel Miller Esqr the Sum P-g^^o. chap, 
of twenty eight pounds eighteen Shillings & eight pence in full cha'p.m.' 
for Doctering Nursing & dieting the within named Mathias George 
belonging to the punkapoag tribe. [Passed December 21.'' 

* A small mortar carried by men. Named after the engineer who invented it. See Cen- 
tury Dictionary. 

- This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 24. 



242 



Province LiAws (Besolves, etc.). — 1754-55. [Chaps. 183-185.] 



CHAPTER 183. 



Legislative 
Records of the 
Council, XX., 
351. Mass. 
Archives, cxi., 
332. 

House Jour- 
nal, p. 167. 



ORDER GRANTING TO JOHN SWEET LICENCE TO KEEP AN INN. 

A Petition of John Sweet, Keeper of the Ferry at Haverhill, 
shewing that he is obliged to his great Detriment to entertain Per- 
sons passing over said Ferry at his own House, Praying that the Jus- 
tices of the Court of General Sessions of the Peace for the County 
of Essex may be enabled to grant him Licence to sell strong Drink. 

Eead and 

Ordered, That the Prayer of this Petition be so far granted, as 
that the Justices of the Court of General Sessions of the Peace 
for the County of Essex be and hereby are impowered at their next 
term, to license the Pet'' (if they See fitt) to keep an house of public 
Entertainment in the said Town of Haverhill, he first Obtaining the 
Approbation of the Select Men of said Town, the time for granting 
Licences being Elapsed notwithstanding. [Passed December 23. 



CHAPTER 184. 



Legislative 
Records of the 
Council, XX., 
352. 

House Jour- 
nal, p. 177. 



VOTE APPOINTING A COM^ee -pOU FARM^ OUT THE EXCISE ON STRONG 
LIQUORS IN ESSEX C". 

In the House of Eepresenf'"' 
Voted that CoP Choat & Col° Hale with such as the hon"^'' Board 
shall join, be a Comm**'' to farm out the Excise on Spirituous Liquors 
for the County of Essex: In Council; Eead & Concur'd & Ben- 
jamin Lynde Esq'' is joined in y® Affair. [Passed December 24. 



CHAPTER 185. 



Legislative 
Records of the 
Council, XX., 
3.52. 

House Jour- 
nal, p. 177. 



VOTE APPOINTING A COM™e fOR FARM« OUT THE EXCISE ON STRONG 
LIQUORS IN PLYM» C<^. 

In the House of Eepresent"'^^ 

Voted that Col° Clap & M"" Elisha Barrow with such as the Hon^^« 
Board shall join be a Comm"" to farm out the Excise upon Spirit- 
uous Liquors for the County of Plymouth 

In Council; Eead & Concur'd, And John Gushing Esq^ is joined 
in the Affair. [Passed December 24. 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 243 



CHAPTEK 186. 

VOTE APPOINTING A COMt^^ FOR FARM« OUT THE EXCISE ON STRONG 
LIQUORS IN THE 0° OF DUKES COUNTY. 

In the House of Represent^" ^!fi^!,^^'J?.>, 

-r-r -, 1 r -r 1 -»T n ^, T rj T 11 r 1 -ji 1 Recoi'ds of the 

Voted that Capt John Norton & CoP Zacheus Mayhew with such council, xx., 



as the Hon''''' Board shall join be a Committee to farm out the Excise 
upon Spirituous Liquors for the County of Dukes County. Li na° l^p^ m?'*' 

Council; Eead & Concur'd, & Enoch Coffin Esq"" is joined in the 
Affair. \Passed Decemher 24. 



CHAPTER 187. 

VOTE APPOINTING A COIVF^''- FOR FARM« OUT THE EXCISE ON STRONG 
LIQUORS IN BARNST^ C^. 

In the House of Eepresentatives ; R^^'^^i^'^n^ 

Voted fhoXj James Otis & David Crocker Esq" with such as the councif," 
Hon^'® Board shall join, be a Committee to farm out the Excise ^^'-■ 



Records of the 

XX., 



upon Spirituous Liquors for the County of Barnstable. In n^"?f f^y'^' 

Council; Read & Concur'd, And John Otis Esq"' is joined in the 
Affair. \_Passed Decemher 24. 



CHAPTER 188. 

VOTE APPOINTING A COM^'^e FOR FARM« OUT THE EXCISE ON STRONG 
LIQUORS IN YORK COUNTY. 

In the House of Represent'"''^ R^°'^d"^f th 

Voted that John Storer Esq" & M"" John Bradbury with such as council, xx., 

the Hon'''^ Board shall join be a Committee to farm out the Excise ?^!: 

upon Spirituous Liquors for the County of York. ^ai'^rf itt^^ 

In Council; Read & Concur'd; And John Hill Esq' is joined in 
the Affair. \^Passed December 24. 



CHAPTER 189, 

VOTE APPOINTING A COM^ee fOR FARM^ OUT THE EXCISE ON STRONG 
LIQUORS IN BRISTOL C". 

In the House of Representatives ; Blfords^of the 

Voted that Ephraim Leonard Esq'' & M' Israel Tisdale with such council, xx., 

as the Hon'''^ Board shall join, be a Committee to farm out the Ex- !£!^ 

cise upon Spirituous Liquors for the County of Bristol ; In Coun- House Jour- 
cil ; Read & Concur'd, and George Leonard Esq'' is joined in the Affair. 
{^Passed Decemher 24. 



241: Province Laws (Resolves, etc.). — 1754-55. [Chaps. 190-193.] 



CHAPTEE 190. 

VOTE APPOINTING A COM^e^^ FOR FARM^ OUT THE EXCISE ON STRONG 
LIQUORS IN NANTUCKET C*^'. 



Legislative 
Records of the 
Council, XX., 
353. 

House Jour- 
nal, p. 177. 



In the House of Eepresent"®^ 

Voted that Capt Obecl Huzzey & Cp*^ Jonathan Coffin with such 
as the hon''''^ Board shall join, be a Committee to farm out the Ex- 
cise upon Spirituous Liquors for the County of Nantucket. 

In Council; Eeacl & Concur'd; And John Bunker Esq' is joined 
in the Affair. \^Passed December 24. 



CHAPTEK 191. 

ORDER DIRECTING THE PAYMENT OF £987. 7. 8 TO THE WORKMEN AND 
TRANSPORTS EMPLOYED IN THE EXPEDITION UP THE KENEBECK 
RIVER. 



Legislative 
Records of the 
Council, XX., 
353. Mass. 
Archives, Ixv., 
51. 

House .Jour- 
nal, p. 173. 
Province 
Laws, iii., 800, 
chap. 23. 



In the House of Eep 

It appearing to this House that the pay of the Officers & Soldiers 
Employ'd in [the] ' late Expedition amounts to no more than five 
thousand thirteen pounds 7/8 And that there will be a remainder 
of the late Supply of Six thousand pounds the sum of Nine hun- 
dred eighty seven pounds 7/8 

Therefore 

Ordered that the province Treasurer be directed to pay out the 
Said sum of 987.7.8 to the workmen & transports employed in S^ 
Expedition 

In Council Read and Concur'd. \^Passed December 24. 



CHAPTER 192. 



Legislative 
Records of the 
Council, XX., 
353. Mass. 
Archives, 
Ixxiv., 302. 

House Jour- 
nal, pp. 168 ter, 
169, 172, 174. 
Post, p. 246, 
chap. 199. 



ORDER FOR BEDS & BLANKETS TO BE SENT TO FORT HALIFAX. 

Ordered that the Commissary General forthwith provide Twenty 
Double Beds & forty Single Blankets & cause the Same to be trans- 
ported to Fort Hallifax on Kenebeck River for the Use of the forty 
men Ordered for the reinforcement of that Garrison during their 
Continuance there. \^Passed December 24. 



CHAPTER 193. 



VOTE FOR THE PROV'^ TREAS'' GIV" BOND. 



Legislative 
Records of the 
Council, XX., 
353. 

Mass. 

Archives, ciii., 
268. House 



In the House of Representatives; 
Voted that no Person that shall be elected by this Court into the 
Office of a Treasurer or Receiver General of this Province for the 
present Year shall be esteemed duly qualified to enter upon the Ex- 
ecution of that Office, untill he shall first have an Oath administerd 

^ Inserted from Legislative Records of the Council, xx., 353. 



[1st Sess.] Province IjAVfs {Resolves, etc.). — 1754-55. 245 

to him for his faithfully performing his said Office and shall also journal, 
give Bond with sufficient Sureties to the Acceptance of the Com- ^AntV,%}l^' 
mittee appointed by the Court for that Purpose, in the Sum of chap! ei. 
Twenty thousand Pounds, Lawful Money, to the three eldest Coun- 
cellors in the Province for the Time being; Who are hereby ap- 
pointed a Com"^^ in behalf of the Province, & especially authorized 
for this Purpose; Which Bond shall be conditioned for such Treas- 
urers truly & faithfully discharging the Duty of his Office accord- 
ing to Law, and for his rendering an Accompt when & so often as 
he shall be required by the General Court, of all such Sums of 
Money as he shall from time to time receive into the Treasury, & 
for his well & truly paying to his Successor in said Office, or to 
any others that may be appointed by the General Court to receive 
the same ; All such Sum or Sums of Money as upon such Settle- 
ment of his said Accompt or otherwise, shall be found due, & pay- 
able, from him to the Province, provided that the Bond be put in 
Suit within two Years next after the Date thereof. Otherwise to be 
void & of none Effect : And that James Allen & William Brattle 
Esq" with such as the hon''''^ Board shall Join, be a Com"'^ to judge 
of the sufficiency of such as may offer to becom-e Sureties for the 
Treasurer as aforesaid. 

In Council; Eead & Concur'd, And Jacob Wendell Esq^ is joined 
in the Affair. \^Passed December 24. 



CHAPTER 194. 

VOTE APPOINTING A COM^^"^ FOR FARM« OUT THE EXCISE ON STRONG 
LIQUORS IN MIDDLESEX COUNTY. 

In the House of Eep' Refords^of the 

Voted that Col Brattle & M' James Eussel with such as the Hon'''^ council, xx., 
Board shall join be a Committee to Farm out the Excise Upon Spir- Archives^' 
ituous Liquors for the County of Middlesex. cxix., toa". 

In Council Eead and Concur'd and Ezekiel Chever Esq' is joined House Jour- 
in the Affair. [^Passed December 26.^ na,p. 



CHAPTER 195. 

VOTE APPOINTING A COM^ee fOR FARM« OUT THE EXCISE ON STRONG 
LIQUORS IN HAMPSHIRE COUNTY. 

In the House of Eep' Legislative 

Voted that Oliver Partridge & Josiah Dwight Esq" with such as coundf, xx*.!*^ 
the hon'''^ Board shall join be a Committee to Farm out the Excise ^I'^^^^l^^- ' 
upon Spirituous Liquors in the County of Hampshire cxix., 704' 

In Council Eead and Concur'd And Eleazer Porter Esq' is joined House Jour. 
in the Affair. [Passed December 26. ' °'^i' p- i"^- 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 24. 



2^6 



Province Laws (Besolves, etc.). — 1754-55. [Chaps. 196-199.] 



CHAPTEE 196 



VOTE APPOINTING A COM^™ FOR FARMO OUT THE EXCISE ON STRONG 
LIQUORS IN SUFFOLK COUNTY. 



Legislative 
Records of the 
Council, XX., 
352, Mass. 
Archives, cxx., 
22. 

House Jour- 
nal, p. 177. 



In the House of Eepresentatives 

Voted that Cap* Joseph AVilliams and Robert Spur Esq"" with such 
as the Hon""'^ Board shall Join be a Committee to Farm out the Ex- 
cise on Spirituous Liquors [for the County of Suffolk].' 

In Council Read and Concur'd and Joseph Richards Esq'' is joined 
in the Affair, [Passed December 26.'' 



CHAPTER 197. 

VOTE APPOINTING A COM™e FOR FARM« OUT THE EXCISE ON STRONG 
LIQUORS IN WORCESTER COUNTY. 



Legislative 
Records of the 
Council, XX., 
352. Mass. 
Archives, cxx., 
19^ 

House Jour- 
nal, p. 177. 



In the House of Representatives 

Voted that Timothy Ruggles and Moses Marcy Esq''^ with such 
as the Hon*"'^ Board shall join be a Committee to Farm out the 
Excise upon Spirituous Liquors for the County of Worcester 

In Council Read and Concurd and William Richardson Esq'' is 
joined in the Affair, [Passed December 26.'' 



CHAPTER 198. 



Legislative 
Records of the 
Council, XX., 
362. Mass. 
Archives, 
Ixxiv., 229. 

Legislative 
Records of the 
Council, XX., 
275. House 
Journal, 
pp. 167, 180. 



ORDER ALLOWING £3, 15, 4 TO JN^ MANSFIELD. 

A Petition of John Mansfield a Soldier in the late Expedition 
upon Kennebeck River, shewing that upon his Return he was visited 
with Sickness, praying that the Charge thereof may be paid out of 
the publick Treas^. 

Read & 

Ordered that the prayer of the Petition be granted And that the 
pef John Mansfield be Allowed & paid out of the publick Treasury 
the Sum of Three pounds 15/4 to Enable him to discharge his Doct' 
Acc*^ & Nursing, [Passed December 26.^ 



CHAPTER 199. 

VOTE DIRECTING THAT FORT HALIFAX BE FURTHER FORTIFIED & 
RECRUITS SENT THERE. 



356, 



Record"of the Votcd that His Excellency the Captain General be desired as soon 
Council, XX., as may be, to appoint some suitable Person to repair to Fort Hali- 
fax on Kennebeck River, with special Authority to strengthen the 

* Inserted from Legislative Records of the Council, xx., 352. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 24. 

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



[1st Sess.] Province Laws (Hesolves^ etc.). — 1754-55. 2^1:7 

same, as also the Block House or Redoubt on the Hill near the Mass. 
same, in such Manner as to make the same Proof against small f^xlvl^im. 
Cannon in such Parts of those Fortresses, as are exposed to the ^^T^'m'^iTg 
Approach of an Enemy ; and that the said Person be authorized Ante, p. 244, 
to govern & conduct the whole Affairs of said Garrison during his ^^^^' ^^^' 
Stay there; And that he be directed to employ the Soldiers in 
Scouting & Garrison Duty; also to do the Labour necessary to 
strengthen said Fortresses, at such moderate Rates as he may agree 
with them: And in Case of the Death or Sickness of said Person 
that His Excellency be desired to appoint some other Person to 
perfect the same. 

And also that the Captain General be desired to give Orders for 
reinforcing said Garrison with Forty effective Men, to be taken out 
of the Independent Companies at the Eastward; and further that 
the Captain General be desired to order that Four hundred & sixty 
Men more, to be raised out of the said Independent Companies, & 
the Militia nearest the said Garrison, from whence they may be best 
spared, to be held in rediness to march instantly for their Relief on 
the first Advice of an Attack, or the Approach of an Enemy; And 
that the said Forty Men be kept in the Pay of the Government, 
during the Time the Works are carrying on for strengthning said 
Fortresses (not exceeding two Months from the tenth of January 
next), & then dismissal: .And that the said Four hundred & sixty 
Men aforesaid be entitled to no Pay, but from the Day they shall 
march. [Passed December 26. 



CHAPTER 200. 

ORDER GRANTING TO ROB'^ STEEL LICENCE TO SELL MALT LIQUORS. 

A Petition of Robert Steel of Boston, shewing that he has set ^^^'rd"Tth 
up the Trade of Brewing of Malt Liquors in said Town; which he council, xx., 
hopes will be of publick Benefit, Therefore Praying that the Court Archi^esfiix. 
of General Sessions of the Peace for the County of Suffolk, may 'to9- 
be impowered to grant the Pef a Licence to sell Malt Liquors by Mass. 
Retail in the said Town. 408? House^*' 

Read & l^mhn. 

Ordered that the prayer of the Petition be so far granted that 
the Justices of the Court of General sessions of the peace for the 
County of Suffolk at their Next Term be & hereby are Authorized 
tic Impowered to Licence the pet"^ (if they See fit) to be a retailer 
of Strong Beer he obtaining the approbation of the select men of 
the Town of Boston the time for granting of Licences being Elapsed 
Notwithstanding. [Passed December 26. 



CHAPTER 201. 

ORDER GRANTING TO BENJ^ BOWDEN LICENCE TO KEEP AN INN. 

A Petition of Benjamin Bowden of Lyn, shewing that he is Legislative 
Owner of the House in said Town, called the Sloop Tavern, which councn" xx?^ 
has for more than Twenty Years been used as an Inn by his Father ^J^iji^es^cxi 
& Mother (now dec*^) Praying that the Court of General Sessions of seo. 



2^8 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 202, 203.] 



Mass. 

Archives, cxi., 
362. House 
Journal, p. 181. 



the Peace for the County of Essex, may be impowered to grant the 
Petitioner a Licence to keep an Inn in the said House : 

Eead & 

Ordered that the prayer of the pet° be So far granted that the 
Justices of the Court of General sessions of the peace for the County 
of Essex at their Next Term are hereby enabled to Licence the jief 
Benj Bowden (if they see fit) an Inholder in s*^ Town he obtaining 
the Approbation of the Selectmen of s*^ Town the time for granting 
of Licences being Elapsed Notwithstanding. \^Pas8ed December 27. 



CHAPTEE 202. 



ORDER FOR ADJOURN^ THE COURTS IN ESSEX COUNTY. 



Legislative 
Records of the 
Council, XX., 
358. Mass. 
Archives, 
xliv., 98. 

House Jour- 
nal, p. 185. 
Province 
Laws, ill., 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 are 
to be holden at Salem for the- County of Essex on the last Tuesday 
.of December Instant, are Members of this Court; and the important 
Affairs of the Province now depending, require their Attendance: 
Wherefore, 

Ordered that the Courts aforementioned (that were to be held 
at the time aforesaid) be adjourned to Tuesday the twenty first of 
January next, to be held at the Court House in said Town of Salem 
at ten of the Clock in the Forenoon of said day: And all Pleas, 
Writts, Actions, Suits, Plaints, Processes, Precepts, Eecognizances, 
& other thing & things whatsoever, returnable or having day or days 
in the said Courts shall stand abide and continue unto the said Ad- 
journm* and be held, deemed & 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 holding the same, 
& no Adjournm* thereof had been made. \^Passed December 28. 



CHAPTEE 203. 



ORDER ALLOWING PAY FOR CONNEC^ SOLDIERS. 



Legislative 
Records of the 
Council, XX., 
35;?. Mass. 
Archives, 
Jxxiv., 306. 

Mass. 
Archives, 
Ixxiv., .306. 
House Jour- 
nal, pp. 180, 183. 
Ante, p. 223, 
chap. 136. 



A Petition of Capt Israel Ashley of Westfield,' shewing that in 
the late Allarm at Stockbridge when the Indians attacked the In- 
habitants of that & some of the Neighbouring Places, the Peti- 
tioner & some others retained some of the Connecticut Soldiers 
for their Protection, Engaging by Promise that they should be 
paid for their Service, Praying that this Court would allow Pay, 
for the said Men accordingly. 

[Eead &] 

Ordered that the prayer of the Petition be so far granted that 
there be Allowed for one Cajjtain at the Eate of Two pounds 13/4 
^ month one sergeant at one pound 15/1 ^ month & thirteen Cen- 
tinals at one pound 6/8 f? month. \^Passed December 28. 

1 The House Journal, p. 180, reads, " Sheffi,eld." 



[1st Sess.] Province Laws (^Resolves, etc). — 1754-55. 249 



CHAPTEE 204. 

ORDER ALLOWING £21. 5. 2 TO JOSEPH DWIGHT, ESQ«, AND £1. 14. 4 TO 

ELIJAH WILLIAMS. 

A Petition of Joseph Dwight Esq^ shewing that the Pet' & M' Rlfords^Jnhe 
Elijah Williams were put to great Expence for the Security & Pro- council, xx., 
tection of the People of Stockbridge in the Time of the late Alarm Archfvesf' 
by the Indians on that Frontier, Praying that their Charge may be ixxiv., 298. 
paid out of the publick Treasury; Mass. 

-^ T, T Q ^ •' Archives, 

Kead & ixxiv., 299, soo. 

Ordered that the prayer of the Petition be So far granted that ^^'il^pp.'ns^igs, 
there be Allowed & paid out of the publick Treasury to the pef isi-' 
Joseph Dwight Esq'' The Sum of twenty one pounds 5/2 & to M'' 
Elijah Williams the Sum of One pound 14/4 for their Billeting 
Soldiers & pasturing horses Agreeable to their Acc'^ {^Passed 
December 28. 



CHAPTER 205. 

ORDER ALLOWING £13. 6. 8 TO JONATH'' KENNY. 

A Petition of Jonathan Kenny, shewing that Benjamin Black- ^^for^^^Jf th 
man a Soldier in the late Expedition on Kennebeck River, after council, xx., 
his Return was taken ill of a Camp Fever, and brought to the Arcinv^es?' 
utmost Hazzard of Life in the Pet" Family in Stoughton: And ixxiv., 291. 
for as much as the said Blackmail has no Estate to defray the Mass. 
Charge of his Sickness, Praying that it may be paid out of the ixxiv., 290-293. 
publick Treasury ; Srds o7the 

Read & Council, xx., 

Ordered that the prayer of the pet° be so far granted as that the joumai, 
Sum of Thirteen pounds 6/8 be paid out of the publick Treasury pp- i55, 16", iss. 
to the pet' in full of his Account Including the Doct" Bills for 
taking Care of Benj* Blackman mentioned In the pet"^. \^Passed 
December 28. 



CHAPTER 206. 

vote for COIVPEE FOR FARMING THE EXCISE TO ADVERTISE THE 

SALE THEREOF. 

Voted that the Committees Appointed to Farm out the Excise On Legislative 
Spirituous Liquors in the Several Counties Advertise the same in the coundf, xx!f^ 
Publick prints one month at Least before the Sale & also in such ^^-^^f^l^^- 
parts of their respective Counties as they Judge likely the prints cxx., 7. 
will not reach & wherever the Committees Suspect a Combination House Jour- 
as to the purchase of the Excise that they be & hereby are Impow- ^')|<eypp*5242- 
ered to Contract & Agree for the Same otherwise than by publick 244, chaps isi- 
Vendue. \^Passed December 30. cha'psf 194-197.' 



250 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 207-209.] 



CHAPTEE 207. 



Legislative 
Records of the 
Council, XX., 
359. Mass. 
Archives, 
cxx., 7. 

House Jour- 
nal, p. 185. 
Supra, chap. 

206. 



ORDER DIRECTING THE COMMITTEE TO AGREE UPON THE TIME FOR 
FARMING THE EXCISE. 

Ordered that the Committees Appointed by this Court to Farm 
out the Excise upon Spirituous Liquors for the Several Counties 
that are now at Court Meet & Agree Upon Suitable times for for' 
farming the Same in the several Counties. [Passed Decemier 80. 



CHAPTEE 208. 



Legislative 
Records of the 
Council, XX., 
360. Mass. 
Archives, ciii., 
26-2. 

Mass. 

Archives, ciii., 
260. House 
Journal, 
pp. 180, 185, 186. 



ORDER ALLOWING £50 TO HARRISON GRAY, TREASURER. 

A Petition of Harrison Gray Esq'' Treasurer of this Province, 
shewing that he has had extraordinary Trouble in Exchanging of 
Bills & Governm* Securities, & borrowing Money for Paying the 
Debts of the Province, & has been obliged to hire a Clerk to assist 
him: Praying that the Court would make a proper Allowance for 
his extraordinary Charge & Trouble above mentioned. 

Eead & 

Ordered that there be Allowed to the pet"^ the Sum of fifty pounds 
out of the publick Treasury in full for his extraordinaiy care & 
Trouble & Expences in hiring a Clerk for receiving in and exchang- 
ing the Bills of Credit of this Government. [Passed December 30. 



CHAPTEE 209. 



Legislative 
Records of the 
Council, XX., 
360. Mass. 
Archives, 
cxvi., 722. 

Mass. 
Archives, 
cxvi., 721. 
Hoiise Jour- 
nal, pp. 180, 186. 
Ante, p. 45, 
chap. 98. 



ORDER ALLOWING £150 TO THE RUMFORD INHARts. 

A Petition of Benjamin Rolfe Esq' in behalf of himself & the 
rest of the Inhabitants of the Town of Rumford shewing that they 
purchased the Lands they are now settled upon in the said Town, 
of this Government, that now they have expended .their Estates in 
making great Improvements on the said Lands, they are harrass'd 
in the Law by vexatious Actions bro't against them by the Inhabi- 
tants of Bow in the Province of New Hampshire, that the Peti- 
tioners have appealed to the King & Council, & a Hearing appointed 
thereon. Praying that this Court would make a further Grant to 
them for defraying the Charge of defending their just Rights de- 
rived from this Governm* 

Read & 

Ordered that the Sum of One Hundred & fifty pounds Sterling 
be paid out of the publick Treasury to the petitioner for the Use 
of the Rev*^ M' Walker now in England prosecuting the Appeal 
referred to in the petition as Agent for the Appellant to be laid 
out for the purposes within mentioned. [Passed December SO. 

1 Sic. 



[1st Sess.] Province Laws (Besolves, etc.). — 1754-55. 251 



CHAPTEK 210. 

ORDER ALLOWING £65 PER ANNUM FOR TWO YEARS PAST TO THE 

SECRETARY. 

A Memorial of Josiah Willard Esq' Secretary of this Province, Legislative 
shewing that agreable to the Order of the General Court held at councn^, xx*.^® 

Concord in May 1753, he provided himself with an Assistant in ^ 

his Office who has served as Deputy Secretary ever since. Praying House Jour. 
that this Court would order an Allowance for him equal to the Province ' 
Labour of his Office & his Faithfulness therein. Ih^^.'l'^"^^^' 

Read & 

Ordered that there be allowed & paid out of the publick Treas- 
ury to the Petitioner Josiah AVillard Esq'' the Sum of Sixty five 
Pounds ^ Annum for two Years past ending the thirtieth of May 
last, in Consideration of his having been obliged to employ a Clerk 
during said .Time. [Passed January 2. 



CTTA-prpxji-p 011 Legislative 

I±A.r 1 JUi irC Z 1 i . ReSordsof the 

Council, XX., 
363. Mass. 
ORDER DIRECTING THE COMMISSARY GENERAL TO SEND STORES TO Archives, 

FORT HALIFAX. Ixxiv., 308. 

Legislative 

Ordered, that the Commissary General be directed (as Soon as coiuK5if,xx.,^ 
may be) to Send by Cap* Sanders the Stores he has provided for jour^rp^igo. 
Fort Hallifax on Kenebeck river & the other Garrisons in the East- ^nte, p.'ge, 
ern parts of the province. [Passed January 2. ^ ^'^' 



CHAPTEE 212. 

ORDER ACCEPTING REPORT OF COMMITTEE ON PETITION OF ASSESSORS 
OF THE TOWN OF BOSTON IN REGARD TO AN ACTION OF TRESPASS. 

A Petition of Nathaniel Barber & others Assessors of the Town Legislative 
of Boston, shewing that Andrew Oliver Esq' & William Phillips at coS xx*f ^ 
the Inferiour Court of Common Pleas held at Boston for the County ^^-^es-' Mass. 
of Suffolk, brot their Action of Tresspass against them for rating cxvl, 735'. 
them as Persons in Trust for the Improvement of the Estate of M' Mass. 
Thomson in Great Britain, being in said Town of Boston at which ^x^^|^^^||; 
Trial the Jury found in favour of the Petitioners, but the Court House Jour- 
set aside their Verdict & ordered a new Trial, Praying for Eelief li^.'igo'. "' ' 
from this Court. 

The Committee to whom was referr'd the Petition of the Assessors 
of the Town of Boston & Answer thereto, having heard the Parties 
& considered the Matters in Dispute between them, report as fol- 
lows; viz* 

That it appears to them that the Respondents have been for some 
time past intrusted by M' Thompson in England to take the Care 
& Oversight of sundry Parcels of his Real Estate in this Province 
& elsewhere, & to receive the Rents arising therefrom ; That 

these Parcels of Real Estate have from time to time been taxed in 



252 Province Laws {Resolves, etc.). — 1754-55. [Chap. 212.] 

the several Towns & Places where they ly ; That the Eents or 

Incomes of that Estate (after the Payment of those Taxes) came 
into the Hands of the Eespondents, & were by them in part trans- 
mitted to M'' Thompson, and in Part expended in building on his 
Lands by Means whereof the Value of his Real Estate has been 
' enhaunced, & thereby subjected to the Payment of greater Taxes for 
the future in the several Towns where they are situated: That 

it doth not appear that any Part of the Rents, received by the Re- 
spondents was put out at Interest, or otherwise improved in Trade 
or Business, whereby the Sum could be in any Measure augmented, 
or any additional Gain arise from it ; That the Assessors of the 

Town of Boston (where the Respondents dwell) conceiving that not 
only the Profits, which they supposed to have accrued by these Rents 
put out at Interest, or otherwise improved for a further Additional 
Gain, but that even the Rents arising, arose from Real Estates that 
had before been taxed were by Law subject to be taxed also, they 
accordingly imposed a Rate or Tax thereon, and Distress was made 
for the same which gave Rise to the Suit now depending between 
them & the Respondents in the Law, 

The several Facts appearing to the Committee to be such they 
are humbly of Opinion, That altho the Assessors (in Case they were 
persuaded that some Profit had accrued by the Improvement of these 
Rents in the Hands of the Respondents) might well adjudge those 
Profits to be rateable. Yet that their Proceedure in Taxing the Rents 
themselves was founded upon a Mistaken Construction of the Law; 
which expressly exempts such Estate, as has been otherwise assess'd, 
& has paid else where from any further Tax, 

This we apprehend to be the present Case, in as much as those 
Rents arose on Lands, that had from time to time paid Taxes in 
the several Towns where they ly, in making & apportioning whereof, 
according to the Rule of Law regard is always had not to the real 
Value of the Lands, but to the Rents or Profits arising from them, 
and those Rents only are estimated & put into the Lists of Valua- 
tion & assessed, and not the Glebe, & consequently are not liable 
by Law to a f urthur Assessment ; and that the Law ought so to be 
understood is further Evident from the Resolution of this Court 
in a similar Case mentioned by the Respondents; The Com- 

mittee therefore humbly report as their Oj)inion, that the Tax which 
gave Occasion to the Action now dej)ending, be remitted, that the 
present Assessors be authorized & directed to sink or remitt the 
same, and to discharge the Collectors therefrom. That what has 
been taken by Distress be refunded or returned to the Respondents, 
& that the Respondents discontinue the Suit now depending in the 
Law. 

Which is humbly submitted. 

By Order of the Com'"' Sam^ Danfoeth. 

Read and Accepted and 

Ordered that the several Parties mentioned be and hereby are 
required to conform themselves accordingly. \^Passed January 2. 



[1st Sess.] Province Laws {Resolves, etc.), — 1754-55. 253 



CHAPTEE 213. 

VOTE CONFIRMING THE PROCEEDINGS OF THE SELECTMEN OF THE 
TOWN OF REHOBOTH. 

A Petition of the Select Men of the Town of Eehoboth, shew- Legislative 
ing that by Reason of some defects in the Proceedings of the said cou'rfcii^ xx!*^^ 
Town in the Year 1751. in Relation to the Committment of the s&t. Mass. 
Taxes, there is likely to be Difficnlty in gathering the Ministerial cxvi., Tee'. 
Taxes, Therefore Praying that this Conrt would establish the said Mass. 
Proceedings, Notwithstands the "Want of Formality in the Law ; ^^'vl^^^es' 

[Read &] House Jour- 

Voted that the Prayer of the Petition Be so far Granted as That ut ^^'" ^^' ^"^' 
ye Proceedings of the selectmen In Giveing the Warrant to Ephraim 
Hunt Junr to Collect the then Remaining Part of the ministerial 
Taxes for ye year 1751 Be and are Hereby Confirmed and Estab- 
lished and shall Be Good & valid to all Intents & Purposes In the 
Law and the said Ephraim is fully Authorized and Impowered to 
Collect the Remaining Part of the ministerial Tax afores'' as fully 
as If he had Been Chosen Collector In March Last And to Account 
In the same maher as Other Collectors By Law are Obliged to do. 
[Passed January 2. 



CHAPTER 214. 

VOTE DIRECTING THE DISCHARGE OF THO» GILL. 

A Petition of Thomas Gill of Hingham shewing that at the Legislative 
Superiour Court of Judicature for the County of Suffolk held at coundf xVi^^ 
Boston in August last in an Action commenced by Thomas Payne, 365. Mass. ' 
Judgment was Enter'd up against the Petitioner, & Execution there- 234. ^'^ ' ^ ^'* 
wpon served on him, alth6 he was never summoned to answer to the Mass. 
said Action, Praying that he may be set at Liberty. ^2'^'"Hou8e"'''' 

Read & Journal,p.l92. 

Voted that the prayer of the petition be granted & that the pet' 
Tho^ Gill be Discharged from the Commitment by force of the Ex- 
ecution within mentioned & that S'' Execution So far as it concerns 
S*^ Gill be & hereby is Vacated provided Nevertheless that the s*^ 
Execution shall remain in the same force Against the other persons 
therein mentioned & in the same manner as if the S*^ Gills name had 
not been Inserted in S*^ Judgm' & Execution & that the Sheriff be 
directed to discharge S^ Gill Accordingly. [Passed January 2. ' 

* This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is January 3. 



254: Province Laws (Hesolves, etc.) . — 1754-55. [Chaps. 215-218.] 



CHAPTEE 215. 



Legislative 

Records of the 

Council, XX., 

365. Mass. 

Archives, VOTE ALLOWING £100 FOR REPAIRS AT CASTLE WILLIAM. 

Ixxiv., 309. 

Records^onhe Votecl that the Sum of One Hundred pounds be put into the 
Council, XX., Hands of the Committee Upon the Repairs of the Castle in Order 
Journal, to Effect the repairs of the South Barrack the Barge house on the 

Province^^' ^^^' South point as also the house for the Officers S'^ Committee are 
Laws, xiv., 507, hereby directed to lay it out in doing what at present is of great- 
^ '^^^•' • est Necessity & Specially directed not to exceed S*^ Sum. [Passed 
January 2? 



CHAPTEE 216. 



ORDER ALLOWING £60 TO AGENT BOLLAN FOR AN OMISSION IN HIS 

ACCO^. 



Ordered that the Sum of Sixty pounds Sterling be Allowed & 
paid out of the Publick Treasury to M^ Agent Bollan it Ajjpearing 
that Sum was omitted in his Accompt exhibited in the Year 1749. 



Legislative 
Records of the 
Council, XX., 
36.0. Mass. 
Archives, xxi., 
209. 



House Jour 

nal, p. 193. 

Province r t-. -, -r 

Laws, Xiv., 331, Fassed January 3 

chap. 166. ■■ "^ 



Legislative 
Records of the 
Council, XX., 
365. Mass. 
Archives, xxi., 
211. 



CHAPTEE 217. 



House .Jour- 
nal, p. 193. 
Supra, chap. 
216. Post, 
p. 255, chap. 
220. 



ORDER ALLOWING £80 TO AGENT BOLLAN FOR EXTRAORDIN^ EXPENCES. 

Ordered that the sum of Eighty pounds Sterling be Allowed & 
paid out of the Publick Treasury to M' Agent Bollan in Considera- 
tion of So much paid by him for extraordinary Expences while he 
was Soliciting the parliamentary Grant for this Province. [Passed 
January 3. 



CHAPTEE 218. 



ORDER ALLOWING £176.5 TO AGENT BOLLAN FOR INTEREST ON A 
FORMER GRANT NOT PAID. 



Legislative 
Records of the 
Council, XX., 
365. Mass. 
Archives, xxi., 
212. 

House Jour- 
nal, p. 193. 
Province 
Laws, xiv., 593, 
chap. 138. 



Ordered that there be Allowed & paid out of the Publick Treas- 
ury to M"' Agent Bollan the Interest of the fifteen hundred pounds 
Sterling that was granted to him by this Court the 24 of January 
1752 from the S'^ 24 of Jan'"'' to this time it Appearing that he hath 
not as Yet received Said Grant Said Interest Amounting to the Sum 
of One Hundred & Seventy Six pounds five shillings Sterling. [Passed 
January 3. 

' This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is January 3. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1754-55. 255 



CHAPTER 219. 

ORDER ALLOWING £1,000 TO AGENT BOLLAN FURTHER TO ENABLE 
HIM TO SOLICIT THE PROV''^ BUSINESS. 

Ordered that the Sum of One Thousand pounds Sterling be Legislative, 
Allowed & paid out of the publick Treasury to M' Agent Bollan councifx'x.!^ ^ 
to Enable him further to Solict the Affairs of this Province at Archwes^^xxi. 
the Court of Great Brittain And that the Treasurer be directed 213. 
to Transmit the Same to him as soon as may be. \ Passed Jan- House Jour- 
nary.3. nai,pp.i69,i74. 



CTTA'PT'Tr'T? OOn Legislative 

Xl2i.Jr±JliXi ZiZiU. Records of the 

Council, XX., 
365. Mass. 
ORDER ALLOWING £1,500 TO AGENT BOLLAN FOR FIVE YEARS SERVICES. Archives, xxi., 

214. 



House Jour- 



Ordered that the Sum of fifteen Hundred pounds Sterling be na^i^^p^wT 
Granted & paid out of the publick Treasury to M"" Agent Bollan Province 
in full for his Services as Agent for this province at the Court of chap!'^'' ' 
Great Brittain for the last five Years. \^Passed January 3. 



CHAPTER 221. 

ORDER ALLOWING ANDREW HALL TO RETURN LAND PURCHASED OF 

PROVINCE. 

A Petition of Andrew Hall of Boston, shewing that he pur- Legislative 
chased of a Committee of the General Court a Parcel of Land councif, xx**^^ 
at Lunenburgh, that Cp* Job Prince & John Kneeland iun"" were 367. Mass. 

A.rciii'VGS 

bound to the Treasurer together with the Petitioner for the Pay- xivi., 370.' 
ment of the Purchase Money, and did agree with the Petitioner Mass. 
to take two Thirds of the said Land, that Kneeland is since dead, xm^^sII' 
& Prince declines having any thing to do in it. That the Treasurer House Jour- 
has sued the Petitioners Bond, and has recovered Judgment & taken provmce'^'' 
out Execution against the Petitioner; And for as much as he has ^ifa^^se^^'' ^^' 
met with great Losses in his Business, Praying that he may be 
allowed to return the said Land to the Province, »& be discharged 
from the Judgment recovered against him. , 

Read & 

Ordered that the prayer of the Petition be granted and that upon 
the petitioner's delivering the Deed of the Land mentioned in the 
petition (which it Appears has not been recorded) to the province 
Treasurer & all Charges that have Arisen by reason of the Bond 
within mentioned being put in Suit That then the province Treas- 
urer be directed to discharge the Execution mentioned in this peti- 
tion. [^Passed January 4. 



256 



Province Li aws {JResolves, etc.) . — 1754-55. [Chaps. 222-224.] 



CHAPTEE 222. 



ORDER ACCEPTING REPORT OF COMMITTEE ON A LETTER FROM LADY 

WARREN. 



Mass. 
Archives, 
cclxxxiii., 65. 

Legislative 

Becords of the 

Council, XX., 

336. House 

Journal, 

pp. 138, 161, 197, 

198. 



The Committee appointed to take, under Consideration a Letter 
from Lady Warren, advising, that she had wrote to her Agent to pay 
to the Order of this Governm*' Seven hundred Pounds Sterling with 
Interest from 25 March 1751 : are of Opinion that the Treasurer be 
directed to receive said Money, and give a j^roper Discharge for the 
same ; and that the Interest thereof be annually applied towards the 
Education of Indian Children, agreable to the Intention of her late 
Husband S"" Peter Warren deceas'd. and that the Secretary be directed 
to write to Lady Warren, & return the Thanks of this Court to her 
Ladyship for the Ueadiness she has shown to have this good design 
carried into Execution. Which is humbly submitted by order of tlie 
Committee And^ Oliver 

Read & 

Ordered that this Report be accepted. [Passed January 6. 



Legislative 
Records of the 
Council, XX., 
868. Mass. 
Archives, Ixv., 
53^ 

Mass. 

Archives, Ixv., 
52. House 
Journal, 
pp. 178, 196. 



CHAPTEE 223. 



ORDER ALLOWING £14. 8 AND A FURTHER SUM OF £50 TO ROB^ BALL. 

A Petition of Robert Ball, Keeper of the Light House on Beacon 
Island, setting forth the Difficulty of his Business & the Insuffi- 
ency of the Allowance made him for his Support, & Praying for 
an Allowance for his last Years Service, with some Augmentation, 
& for reimbursing hiin his Expence for Fire Wood to prevent the 
Oyl in the Lamps Congealing in the Winter Season : 

Read & 

Ordered that the prayer of the pet° be so far granted as that the 
pet' Rob* Ball be Allowed & paid out of the Publick Treasury the 
Sum of fourteen pounds eight shilling for the Cordwood Expended 
for the benefit of the Lights & the further Sum of fifty pounds in 
full for his Service as Keeper of the Light House. [Passed Jan- 
uary 6. 



CHAPTEE 224 



ORDER ALLOWING £2. 13. 4 TO BENJ^ FOSTER. 



Legislative 
Records of the 
Council, XX., 
368. Mass. 
Archives, 
ixxiv., 301. 

Mass. 
Archives, 
Ixxlv., 301. 
Legislative 
Records of the 
Council, XX., 
275. House 



A Petition of Benjamin Foster an Officer in the late Expedition 
on Kennebeck River, shewing that by Means of the Difficulties en- 
dured in the said Service, upon his Return he fell into a dangerous 
Fever, which was expensive. Praying that the Charge may be paid 
out of the publick Treas^ 

Read & 

Ordered that the prayer of the Petition be so far granted that 
there be Allowed & paid out of the Publick Treasury the Sum of 



[1st Sess.] Province Laws {Resolves, etc.). — 1754-55. 257 

Two pounds thirteen shillings & four pence to the Petitioner Benj^ pp^wf/igs. 
Foster to enable him to pay his Nursing Docf &c. \_Passed 
January 6.^ 

CHAPTER 225. 

ORDER ALLOWING £3. 3. 6 TO JOSEPH JONES. 

A Petition of Joseph Jones a Soldier in the late Expedition Legislative 
upon Kennebeck Kiver, shewing that after his Eeturn he fell Sick, coS.xx!?® 
which put him to great Expence, Praying that it may be discharged ^^^j^f^f^^- ' 
out of the publick Treas^ ixxiv., 297. 

Eead & Mass. 

Ordered that the prayer of the petition be so far granted that j(^^iv^.^297. 
there be Allowed & paid out of the publick Treasury to the peti- House Jo^ur. 
tioner Joseph Jones the Sum of Three pounds three shillings & '^^•^^" ' 
Six pence to Enable him to pay his Doct' & Nurses as mentioned 
in the pet". [Passed January 7 



CHAPTER 226. 

ORDER granting TO EBEN« ELLINGWOOD LICENCE TO SELL STRONG 

DRINK. 

A Petition of Ebenezer Ellingwood, shewing that he has for Legislative 
some time past, kept an Inn in the Town of Beverly, but being counc*lf, xx!f ^ 
now concerned in the Fishery, Therefore Praying that the Court 369. Mass. 

-»-« ArcnivGS CXI 

of General Sessions of the Peace for the County of Essex, may be 336. 
impowered to grant him a Licence to be a Eetailer. House Jour- 

Eead & nai.pp.mm 

Ordered that the prayer of the petition be so far granted as that 
the Justices of the Court of General Sessions of the peace for the 
County of Essex at their Next Term be impowered (if they See 
fit) to Licence the jjetitioner to be a retailer of Spirituous Liquors 
in the Town of Beverly he first Obtaining the Approbation of the 
Selectmen of S*^ Town the time for granting of Licences being 
Elapsed Notwithstanding. [Passed January 7. 



CHAPTER 227. 

• 

ORDER DIRECTING AGENT BOLLAN IN HIS ADDRESS TO HIS MAJESTY TO Legislative 
REQUEST THAT THE MOTIONS OF Y^ FRENCH SHIPS MAY BE WATCH'D. ^^Jj°^^f ^J-^^ 

370. Mass. 

Ordered that the Committee Appointed to prepare a Letter to ^^ciiives, xxi., 
M' Agent Bollan be directed therein particularly to Instruct him Legislative 
to Address his Majesty that the French Ships of War Coming to Records of the 
Any parts of North America May be Watched & Suitable Strength see^'^Hous^'' 
be sent Against them for the protection of the Colonies. [Passed Journal, p. 199. 
January 7.^ 

* This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is January 7. 

_^ This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council the date is January 8. 



258 



Province Laws {^Resolves, etc.). — 1754-55. [Chaps. 228-230.] 



Legislative 
Records of the 
Council, XX., 
369. Mass. 
Archives, 
Isxiv., 314. 

Legislative 
Records of the 
Council, XX., 
3-27. House 
Journal, 
pp. 124, 202. 
Province 
Laws, iii., 836, 
note. 



CHAPTEE 228. 

ORDER ALLOWING £130 TO MAJOR GEN^ WINSLOW. 

Ordered that there be Allowed & paid out of the publick Treas- 
ury to Maj'' General Winslow the Sum of One Hundred & thirty 
pounds in full for his Services as Chief Commander of the Forces 
sent the Last summer up Kenebeck River for building a Fort there. 
\^Passed January 8. 



Legislative 
Records of the 
Council, XX., 
370. Mass. 
Arcliives, 
cxxi., 299. 

Mass. 
Archives, 
cxxi., 298a. 
House Jour- 
nal, p. 201. 
Province 
Laws, iii., 680, 
chap. 8. 



CHAPTEK 229. 

VOTE ACCEPTING THE REPORT OF THE TRUSTEES OF THE LINNEN 

MANUFACTURE. 

Pursuant to an Act of the Great & General Court, laying a Tax 
on certain Wheel Carriages, in Order to raise the Sum of Fifteen 
hundred Pounds to encourage the Manufacture of Linnen, We 
the Subscribers appointed Trustees for that Purpose humbly offer 
an Accompt herewith of what we have received by Virtue of said 
Act, before the first of October 1754, amounting to £128.19.3 Law- 
ful Money, out of which we have paid £115 towards purchasing a 
Peice of Land, whereon has been erected an House for carrying on 
said Manufacture ; We beg leave further to report that we have 
been obliged, tho very unwillingly, to sue many Persons who have 
been deficient in their Payment, and fear, we shall be obliged to 
sue many more, who are deficient the Current Year. 

Thomas Gunter William Clarke 

W" BowDOiN Andrew Oliver 

MiDDLEcoT Cook Thomas Green 

Eead & Accepted. [^Passed January 8. 



CHAPTER 230. 



Legislative 
Records of the 
Council, XX., 
370. Mass. 
Archives, cxi., 
333. 

House Jour- 
nal, p. 200. 



ORDER GRANTING TO JOSEPH WILSON LICENCE TO KEEP AN INN. 

A Petition of Joseph Wilson of Boston, Innholder, shewing 
that by means of his being engaged in the late Expedition East- 
ward he lost the Opportunity of renewing his Licence in the proper 
Term, Praying that the Court of General Sessions of the Peace for 
the County of Suffolk may be enabled to do it in their present Term, 

Eead & 

Ordered that the prayer of the petition be So far granted as that 
the Justices of the Court of General sessions of the peace for the 
County of Suffolk at their present Session be & hereby are Impow- 
ered (if they think fit) to Licence the petitioner to be an Inholder 
in the Town of Boston he Obtaining the Approbation of the Select- 
men of s'' Town the time for granting of Licences being Elapsed 
Notwithstanding. [^Passed January 8. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1754-55. 259 



CHAPTER 231. 

ORDER GRANTING TO BENJAMIN PRESCOTT LICENCE TO KEEP AN INN, 
AND TO ARCHELAUS PUTNAM LICENCE TO RETAIL STRONG DRINK, 

A Petition of Beniamin Prescot iun"" & Archelaus Putnam both i^^'^^i'^l,. 

„i-r-... fl-r-v • ^ A e 1^ 1 • j_tj_ Kecords Of the 

of the District oi Dan vers m the County oi Jiissex, shewing that Council, xx., 
they are both of them removed unto Houses suitable for carrying Archfves.^cxi., 

on their respective Businesses hereafter mentioned, & Praying that ^^ 

the Court of General Sessions of the Peace for said County may Mass. 

be impowered to grant them Licences; viz* the said Prescot for 334. House "' 

keeping an Inn & the said Putnam for retaling spirituous Liquors, pp^2of,^^2. 

Eead & 

Ordered that the prayer of the Petition be so far granted as that 
the Justices of the Court of General Sessions for the County of Essex 
at their Next Term be & hereby are Impowered (if they think fit) 
to Licence the within named Prescott an Inholder & S*^ Putnam a 
Eetailer of Spirituous Liquors in Said Danvers they Obtaining the 
Approbation of the Select men of S*^ Danvers the time for granting 
of Licences being Elapsed Notwithstanding. {^Passed January 8. 



CHAPTER 232. 

ORDER IMPOWERING EBEN= POOL TO BRING FORWARD A WRIT OF 

REVIEW. 

A Petition of Ebenezer Pool of Glocester, setting forth that LegisiatiTe 
Judgment went against him by Default, in an Action brought councif, xx., ^ 
against him by Peter Curtis, at the Superiour Court for the County ^rcjij^^es^®' 
of Suffolk, held in August last ; which was owing to the Pef^ Attor- xiiv., 93.' 
ney's being at Halifax (then utterly unknown to him) Therefore Mass. 
Praying that he may be allowed a new Trial, and that in the mean xUv^.'se.^bs. 
Time the Execution against him may be stayed. R''°^r!f"of the 

Eead and council, xx., 

Ordered that the Eeport ' be Accepted and that the Petitioner jourimi°"^^ 
Ebenezer Pool on his Paying the Costs arising at the Last Supe- pp. hi?, iss, 203. 
riour Court be & hereby is impowered to bring forward his Writt 
of Eeview at the next Superiour Court of Judicature to be holden 
at Boston within and for the County of Suffolk on the third Tues- 
day of February next and the Justices of the said Court hereby are 
impowered and Directed to hear and try the same enter up Judgm* 
and award Execution thereon He given Bond in the Clerk's Office 
of the said Court with sufficient Security to the Adverse Party Peter 
Curtis to respond the Judgement that shall finally be given on the 
same Writt with Interest thereon from this day to the Time of Pay- 
ment. \^Passed January 8. 

^ The report is not given in Legislative Records of the Council. 



260 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 233-235.] 



Legislative 
Records of the 
Council, XX., 
371. Mass. 
Archives, 
Ixxiv., 295. 

Mass. 
Archives, 
Ixxiv., 295, 296. 
Legislative 
Records of the 
Council, XX., 
326. House 
Journal, 
pp. 193, 201. 



CHAPTEE 233. 

ORDER APPOINTING A COMMITTEE ON PETITION OF PEQUOIG INHAB^s 

FOR DEFENCE. 

A Petition of Joseph Lord Esq"" & others, Lihabitants of the 
Plantation called Pequoig, shewing that they are much exposed to 
the Attacks of an Enemy, and Praying that the Non Eesidents 
may be obliged to settle themselves or others upon their Lots, and 
that some of their Houses may be fortified at the publick Charge. 

Eead & 

Ordered that the Committee Appointed [by] ' this Court to Build 
and rejDair the Fortifications on the Frontiers between Connecticut & 
Merimack rivers repair to poquiog & determine what Fortresses are 
Necessary for the defence of S"^ Plantation And in Order to defray 
the Charges of Building the Same the Said Committee are hereby 
Authorized and Impowered to make Sale of Part of the Lands in 
S*^ Township of pequiog Not belonging to those Inhabitants there 
that have fulfilled the Conditions of Settlement enjoined by the 
General Court & Convey the Same by Deed or Deeds in due form 
of Law & make report of their doings to the General Court. {^Passed 
January 8. 



CHAPTEK 234. 



VOTE DESIRING THE CAPTAIN GENERAL TO SEND CORNELIUS CAVE- 
NAUGH TO BRUNSWICK FORT. 



Legislative 
Records of the 
Council, XX., 
373. Mass. 
Archives, 
Ixxiv., 313. 

Mass. 
Archives, 
Ixxiv., 313. 
House Jour- 
nal, pp. 197, 207. 



A Petition of Cornelius Cavenaugh, setting forth his many 
Years Service as a Soldier, in divers Parts of his Majesty's Domin- 
ions, the many Misfortunes he has met with therein, & his present 
Indigent Circumstances, Praying that he may be posted in some 
Garrison of one of his Majesty's Forts in this Province, 

Eead & 

Voted that his Excellency the Captain General be desired to give 
Orders that the Petitioner Cornelius Cavenaugh be placed as a Super- 
numerary Soldier at Brunswick Fort. \_Passed January 9. 



CHAPTER 235. 



Legislative 
Records of the 
Council, XX., 
374. Mass. 
Archives, 
Ixxiv., 303. 

Mass. 
Archives, 
Ixxiv., 303. 
Legislative 
Records of the 
Council, XX., 
275. House 
Journal, 
pp.189, 205. 



VOTE ALLOWING £3. 14. 8 TO HENRY WOODS. 

A Petition of Henry "Woods of Groton a Soldier in the late 
Expedition on Kennebeck Eiver, shewing that he was taken sick 
Avhile he was in the Service at Taconet, that he was put to consid- 
erable Charge thereby. Praying that this Court would order Pay- 
ment of his Expence out of the publick Treasury. 

Eead & 

Voted that there be Allowed & paid out of the publick Treasury 
the sum of Three pounds 14/8 to the petitioner in full of his Ace* 
paid the Doctor. [Passed January 9. 

^ Inserted from Legislative Records of the Council, xx., 371. 



[1st Sess.] Province Laws- (i?esoZves, e^c). — 1754-55. 261 



CHAPTEE 236. 

ORDER FOR CONFIRMING A PLAT OF 1,500 ACRES OF LAND &c^ GRANTED 
TO JOHN FRANKLYN, ISAAC WINSLOW & COMPANY. 

A Petition of John Franklyn & Isaac Winslow & Company, Legislative 
shewing that they have procured the Fifteen hundred Acres of councu^, xx^.l^^ 

Land granted to them by the General Court for encouraging the ^ 

Manufacture of Potash, to be laid out, a Plan whereof is herewith House Jour- 

• • nil D '■^Ot 

presented, Including about Sixty four Acres more, which consider- pVoVince ' 
iug their Losses & Disappointments they pray the whole maybe note^' Antf^' 
confirmed to them. p. 113, chap.' 

Which Land bounds South on the North Line of Sheffield, West " 
on the East Line of Stockbridge partly, & partly on Land formerly 
belonging to Col° Ephraim Williams dec'' North, partly on said Land, 
& partly on Capt John Larrabees Land, & partly on Province Lands, 
East on Province Lands; the first Bound is the Northwest Corner of 
Sheffield, on Stockbridge Line, thence North 7^ 451113 East, one hun- 
dred & twenty Eods, to said Land formerly Col° Ephraim Williams's 
Dec^ Thence East 1" 45™ South One hundred & ten Eods, thence 
North 44 Deg. East Four hundred & eighty Eods to said Capt John 
Larrabee's Land, Thence East H" 45"^ South, Two hundred & forty 
Eods to the Southeast Corner thereof. Thence the same Course Four- 
teen Eods ; Thence South 7" 45"^ West, Five hundred & ten Eods to 
Sheffield Line, Thence seven hundred & four Eods on Sheffield Line 
to the first Bound. 

Eead & 

Ordered that the Prayer of the Petition be so far granted as that 
the Plan mentioned in the Petition, be & hereby is Accepted, and 
that the Lands therein delineated & described. Including the Sixty 
three Acres & forty Eods laid down on the East Side of said Plan, 
be confirmed to the Petitioners & Company their Heirs & Assigns 
for ever. Provided the whole contain no more than Fifteen hundred 
& Sixty three Acres & forty Eods, and does not interfere with any 
former Grant, Provided also that the said Petitioners & Company be 
at the Charge of obtaining the Indian Title to said Lands. [Passed 
January 9. 



CHAPTEE 237. 

VOTE DESIRING THE CAPTAIN GENERAL TO ENLIST A GUARD FOR 
DEFENCE OF NUMB" FOUR. 

A Petition of Phineas Stevens in behalf of the Inhabitants of Rgfo^dfof the 

the Plantation called Number four, setting forth their great Danger council, xx., 

from the Indian Enemy, who have already captivated a whole Family Archi^esT' 

belonging to that Place ; Praying for Eelief & Protection from this cxyji., 3. ' 

Government. Mass. 

-i-> TO Archives, 

Kead & cxvii., 1. 

Voted that his Excellency the Captain General be desired to Im- na^i^pp^s^ooo, 
power Cap* Phinehas Stevens within named or Such other person 204.' 
as he shall think proper to Inlist Fifteen able bodied effective men 
to enter into the service as Soldiers on the fifteenth day of Feb''^ 
next for the defence & protection of the Inhabitants of N° 4 on 



262 



Province Laws {Resolves^ etc.). — 1754-55. [Chaps. 238-241.] 



Connecticut Eiver to be Continued in the service until the fifteenth 
of October Next or Until his Majesties pleasure respecting S*^ In- 
habitants be known provided it be before the S*^ fifteenth of October. 
{^Passed January 9. 



CHAPTER 238. 



ORDER ALLOWING £2. 14 TO PHIN^ OSGOOD. 



Legislative 
Records of the 
Council, XX., 
375. Mass. 
Archives, 
Ixxiv., 312. 

House Jour- 
nal, pp. 191, 20,5. 



A Petition of Phineas Osgood a Captain in the late Expedition, 
under Major General Winslow, shewing that in making up his Muster 
Roll, by Mistake he ommitted charging the Bounty Money he paid, 
to six Men, who afterward deserted from the Castle, Praying that he 
may be allowed the same : 

Read & 

Ordered that the prayer of the petition be so far Granted & that 
there be Allowed & paid out of the publick Treasury the Sum of 
Two pounds fourteen shillings in full Discharge of the Sums advanced 
by the pet^ [Passed January 9. 



Legislative 
Records of the 
Council, XX., 
376. Mass. 
Archives, 
xliv., 99. 

House Jour- 
nal, p. 203. 



CHAPTER 239. 

ORDER ALLOWING £750 TO THE JUDGES. 

Ordered that the Sum of Seven Hundred & fifty pounds be Allowed 
& paid out of the publick Treasury to the Hon^^^ Justices of his Maj* 
Superiour Court of Judicature Court of Assize & General Goal De- 
livery for their service for one Year ending the first of Jan''^ Currant. 
[Passed January 10. 



CHAPTER 240. 



Legislative 
Records of the 
Council, XX., 
376. Mass. 
Archives, 
xlix., 411. 

House Jour- 
nal, p. 203. 



ORDER ALLOWING £50 TO THE SECRETARY. 

Ordered that the sum of fifty pounds be granted & Allowed to 
be paid out of the publick Treasury to Josiah Willard Esq"^ secretary 
of this province in full for his service for one Year Ending the third 
day of December last. [Passed January 10. 



CHAPTER 241. 



Legislative 
Records of the 
Council, XX., 
376. Mass. 
Archives, 
xlix., 413. 

House Jour- 
nal, p. 204. 
Supra, chap. 
240. 



ORDER ALLOWING £92 ADDlTi- TO THE SECRETARY. 

Ordered that the sum of Ninety Two pounds be granted & paid 
out of the publick Treasury to Josiah Willard Esq'' secretary &c in 
Consideration of his Extraordinary services ending on the third day 
of December last. [Passed January 10. 



[1st Sess.] Province Laws {Besolves, etc.). — 1754-55. 



263 



CHAPTER 242. 



ORDER ALLOWING £12 TO THE CHAPLAINS OF THE COURT. 

In the House of Eep« RefSofthe- 

Ordered that there be Allowed & paid out of the Publick Treas- g°^°^^jifg^' 
■ury the Sum of Twelve pounds one Half to the Eeverend Chaplain Archives, xiii., 

of the Hon*^'^ Board the present Year; The other Half to the rev- ?H^ 

erend Doct Sewall Chaplain of this House for their respective ser- na°"p®2oT^' 



vices the present year 
In Council Read & Concurd. 



[^Passed January 10. 



CHAPTER 243. 

ORDER ALLOWING £150 TO THE COMMISSI GENERAL. Legislative 

Records of the 
Council, XX., 

Ordered that there be granted & Allowed to be paid out of the ^rchi^es^^' 
publick Treasury the sum of One Hundred & fifty pounds to John Lxxiv.,31'5, 
Wheelwright Esq' Commissary General for his service in that Office House Jour, 
for one Year. \_Passed January 10. ^^^' p- '^^^• 



CHAPTER 244. 



ORDER ALLOWING £50 TO L^ JOHN LARRABEE. Legislative 

Records of the. 
Council, XX., 

Ordered that there be Allowed and paid out of the publick Treas- ^e. Mass. 
ury the sum of fifty pounds to John Larrabee Lieutenant of his Maj^ ixxiv., 317. 
Garrison at Castle William in Consideration of hisfaithfull Discharge House Jour.^. 
of the Trust reposed in him. \_Passed January 10. "^^^^ p- '^^'- 



CHAPTER 245. 



ORDER ALLOWING 3/ PER DIEM TO THE SPEAKER. 

Ordered that there be granted & Allowed to be paid out of the Legislative 
Publick Treasury the sum of Three shillings ^ Diem to the Hon"'^ coSxx!/ 
Tho' Hubbard Esq"' Speaker of the House for every day of His Attend- 376. mAss. ' 
ance in the General Court from the Opening of the session on the xiix., 415.' 
29 day of May 1754 over & Above his pay as a member of the House. House Jour- 
[Passed January 10. nai,p.206. 



264 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 246-248.] 



CHAPTEE 246. 



Legislative 
Records of tlie 
Council, XX., 
376. 

Mass. 
Archives, 
Ixxiv., 316. 
House Jour- 
nal, pp. 3G, 43. 
Ante, p. 189, 
chap. 57. 



VOTE REQUESTING MR. AGENT BOLLAN TO PURCHASE FIRE ARMS. 

Voted that M"' Agent Bollan be desired to i)rocure & ship to Boston 
as soon as may be for this Province Two Thousand five hundred Fire 
Arms with a Bayonet & Sling to each, but no Cartouch Box ; the said 
Arms to be four Inches longer than the Pattern Gun sent by him to 
this Court ; but in all other Respects to be agreable thereto : That 
the said M"' Bollan be authorized & impowered, and he is hereby 
authorized & impowered to contract & agree in behalf of this Gov- 
ernment with any Person or Persons for the said Arms & Accoutre- 
ments on the best Terms he can, or to borrow of any Person or 
Persons a Sum of Money sufficient to purchase & defrey the Cost 
of said Arms, to be paid for in one or two Years as may be agreed 
on, with Interest till paid (at the lowest Rate that can be agreed 
for;) Or if Money be borrowed for the said Purchase, to be repaid 
■within the Term of Two or more Years with Interest as aforesaid 
till paid ; And this Court hereby promise to & with the said M' 
Agent Bollan, or the Person or Persons he may purchase or borrow 
of as aforesaid that they will repay for said Arms or the Money 
borrowed for the Purchase of them, with the Interest, & according 
to the Time which may be agreed on as aforesaid; And M^ Agent 
Bollan, is hereby directed in Case he procure said Arms to insure 
the same. [^Passed January 10. 



Legislative 
Records of the 
Council, XX., 
378. Mass. 
Archives, ciii., 
293. 

House Jour- 
nal, p. 206. 



CHAPTER 247. 

ORDER ALLOWING £200 TO THE TREAS^ 

Ordered that the sum of Two Hundred pounds be granted & 
allowed out of the Publick Treasury To Harrison Gray Esq' Treas- 
urer »& receiver General of his Maj" Revenues of this province for 
a Years service ending the 23*^ of December last. {^Passed Jari- 
uary 10. 



CHAPTER 248 



Legislative 
Records of the 
Council, XX., 
378. Mass. 
Archives, 
xlix.,412. 

House Jour- 
nal, p. 207. 



ORDER ALLOWING £60 TO THE DOORKEEPER. 

Ordered that there be Allowed & paid out of the publick Treas- 
ury the sum of Sixty pounds to M' William Baker Doorkeeper to 
his Excellency the Governour & this Court for his service for one 
Year to be paid quarterly And Also the further Sum of Forty pounds 
in Consideration of his Expence in hireing Assistance & Extraor- 
dionary Care & Trouble as Door keeper. {Passed January 10. 



[1st Sess.] Province Laws {^Resolves, etc.). — 1754-55. 265 



CHAPTEK 249. 

ORDER ALLOWING £40 TO THE CHAPLAIN OF CASTLE WILLIAM. Legislative 

Records of the 
Council, XX., 

Ordered that there be granted & Allowed to be paid out of the ^9. Mass. 
piiblick Treasury to M' John Phillips Chaplain of his Maj^ Castle eis? ^'^'^''' -'''"•• 
William the sum of Forty pounds as a Gratuity for his service in House .Jour, 
that trust the year past. \_Passed January 10. p- -^• 



CHAPTER 250. 

ORDER ALLOWING 12/ PER DIEM TO THE CLERK OF THE HOUSE. Legislative 

Records of the 
Council, XX., 

Ordered that Oliver Partridge Esq'' Clerk of the House of Rep- 3-9. Mass. 
resentatives be Allowed & paid out of the publick Treasury the xUx.,7i4.' 
sum of Twelve shillings ^ Diem for his service during the several House Jour- 
sessions of the General Court the Currant Year. \^Passed Jan- nai, p,206. 
^lary 10. 



CHAPTER 251. 

ORDER ALLOWING £40 TO THE CHIEF JUSTICE. Legislative 

Records of the 
Council, XX., 

Ordered that the sum of Forty pounds be granted & paid out of 379. Mass. 
the publick Treasury to the Hon^** Stephen Sewall Esq'' in Consid- xMv., 100! 
eration of his faithfull discharge of the important trust reposed in House Jour- 
him as Chief Justice And for his further encouragement therein, nai. p—ot. 
\^Passed January 10. 



CHAPTER 252. 

ORDER DIRECTING THE SECRETARY TO SEND A COPY OF THE VOTE 
FOR PURCHASING ARMS TO MR. AGENT BOLLAN. 

Ordered that the Secretary send to M' Agent Bollan by the first i^^^^'f^^P.u 
Vessel that will sail for any Port of Great Britain a Copy of the council, xx., 
Vote of this Court for his Purchasing Fire Arms &c, to be authen- Archives^.^xxi., 

ticated under the Province Seal & a Duplicate thereof, by the Vessel '^^ 

that shall Sail for Great Britain next after, with a proper Letter ^w<e,p.264, 
accompanying the same.' [Passed January 10.^ c ap. • 

''■ Not found in the House Journal. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is January 11. 



266 



Province Laws {Besolves, etc.). — 1754-55. [Chaps. 253, 254.] 



CHAPTEK 253. 



Legislative 
Records of tlie 
Council, XX., 
3til. Mass. 
Archives, 
Ixxlv., 319. 

Ante, p. 264, 
chap. 246. 



VOTE DIRECTING THE SECRETARY TO WRITE TO MR. AGENT BOLLAN 
TO PURCHASE GUN POWDER. 

Voted that the secretary be directed to write to M'" Agent Bollan 
by the first Ship to purchase for the Province (upon the same Con- 
ditions of payment as he is directed by a Vote of this Court Passed 
this session to purchase 3,500 fire Arms) the Quantity of Fifteen 
Hundred Barrells of good Gun Powder One third thereof to be 
Canon Powder and the other Two thirds to be Pistol Powder and 
also twenty thousand of the best Flyuts & Ship the same by the 
first good Oppertunity for this province and Insure the Same.* 
\_Passed January 11. 



CHAPTEE 254. 



Legislative 
Records of the 
Council, XX., 
381. Mass. 
Archives, 
xlvi., 390, 392. 

Mass. 
Archives, 
xlvi., .376-392. 
Ante, p. 28, 
chap. 57. 



ORDER APPOINTING A COMMITTEE ON THE AFFAIR OF THE LANDS 
WESTWi^ OF SHEFFIELD & STOCKBRIDGE. 

Whereas divers Persons have at different Times taken up Tracts 
of the Province Lands, & made Improvem*^* thereon, without any 
Grant or Licence from this Court, And in particular great Ini- 
provem*^ have been made Westward of the Towns of Sheffield & 
Stockbridge, & that the Setlers there have made their repeated 
Applications to be quieted in their Possessions ; Therefore 

Ordered that a Committee be chosen & appointed by this Court 
to repair as soon as may be to the Western Parts of the Province 
to make Inquiry into the Circumstances of s'' Settlem*% And they 
are hereby fully impowered in behalf of this Province to quit Claim 
to any & all of said Settlers, their or any Part of their Possessions 
respectively, according to the Discretion of said Comm^^ upon such 
moderate quit Rent or other Acknowledgment as shall be thought 
equitable; And that the s*^ Comm'^® be impowered and required to 
depute or appoint one or more suitable persons (to have a reasonable 
allowance for their trouble) whose business it shall be from time to 
time to inspect the state of the Province Lands in those parts & to 
give immediate information to this Court when & so often as any 
new possession shall be taken. And the Committee of this Court 
are likewise to make inquiry into the state of those Province lands 
which are not yet improved or possessed and to consider in what 
manner it will be most convenient to bring forward the settlement 
thereof in order to strengthen that part of the Frontier. And they 
are to make report of their doings. 
In Council 

Ordered'' that Samuel Watts Esqr with such as the honourable 
House shall appoint be the Committee of this Court for giving a 
quit claim to such persons as have made improvements upon the 
province Lands West of Sheffield & Stockbridge without grant or 
licence from this Court and f-or the several other purposes men- 
tioned in the Vote of the Court of this day 

In the House of Eep^ Eead & Concurred & Col Bradford & Cap' 
Livermore are Joined in the Affair. \^Passed January 11. 

1 Not found in the House Journal. 

' This order does not appear in Legislative Records of the Council. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1754-55. 267 



CHAPTER 255. 

ORDER ALLOWING £28. 13. 4 AND A FURTHER SUM OF £8 TO JOSEPH 

KELLOG, ESQ^ 

A Petition of Joseph Kellog of Suffielcl Esq'' shewing that he Legislative 
has served this Government as Interpreter of the Mohawk Lan- councff xx!^^ 
guage, for fifteen Years past, as Occasion has required, for which 3^'^- 
he has had no Consideration, Therefore Praying for an "Allowance Mass. 
therefor, as also for a Sum of Money he lost in the Indian School xxxu^^Its. 
at Stockbridge, when it was burnt down ; FoS*^^® '^'^^^'oaq 

T-, T ■> nal, pp.1/3,208, 

Kead & 212. Pr9vince 

Ordered that the within mentioned Joseph Kellog Esq'" be allowed Sf^^'ee!^''^^' 
the Sum of Twenty eight Pounds, thirteen shillings & four pence 
for his Services, while Interpreter for the Mohawk Indiail Children 
at Stockbridge, out of the Interest of the Moneys appropriated by 
Sir Peter Warren dec*^ for the Education of Mohawks; & that the 
said Kellog be further allowed out of the publick Treasury the Sum 
of Eight Pounds in full for his Services as Interpreter at the Con- 
gress at Albany, the last Summer. \_Passed January 11. 



268 



Province Laws {Besolves,etc.). — 1754-55. [Chaps. 256, 257.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston^ 
ON the Fifth Day of February, A.D. 1755. 



CHAPTEE 256 



Legislative 
Records of the 
Council, XX., 
385. Mass. 
Archives, 
Ixxiv., 326. 

Mass. 
Archives, 
Ixxiv., 326. 
House Jour- 
nal, p. 216 bis. 
Ante, p. 24, 
chap. 41. 



VOTE DESIRING THE CAP^ GENERAL TO POST JOSIAH MEAD AT CASTLE 

WILLIAM. 

A Petition of Josiah Meads shewing that he has served His Maj- 
esty as a Soldier for near thirty Years, partly in this Province & 
partly in Nova Scotia, where he was discharged as an Invalid, and 
has for sometime had an Annual Pension from this Court; but that 
not being sufficient for his Support, Therefore Praying for an Addi- 
tional Allowance, or some other Eelief. 

Eead & 

Voted that his Except the Captain General be desired to Post the 
pef Josiah Meads as a Supernumery at his Maj* Castle William And 
that as Such he be Subsisted as a Common soldier & that his Pen- 
sion of Porty shillings ^ annum from his time of Entrance there 
Shall determine & Cease. [Passed Felruary 7. 



CHAPTEE 257. 



Legislative 
Records of the 
Council, XX., 
3S5. Mass. 
Archives, 
xliv., 151. 

House Jour- 
nal, p. 217. 
Province 
Laws, iii., 64, 
chap. 32. 
Ante, p. 237, 
chap. 169. 



VOTE AND ORDER ON THE PETITION OF JEREMIAH WILLIAMS & JOHN 
DOWSE TO ENTER AN APPEAL. 

Upon Suggestion that the Order of the Great & General Court 
made and Passed on the Seventeenth Day of December Last upon 
the Petition of Jeremiah Williams and John Dowse has not been 
complyed with and that the Said Jeremiah Williams made his motion 
to the Justices of The Inferiour Court of Common Pleas held at 
Boston in and for the County of Suffolk on the first Tusday of 
January Last to have the Benefit of that Order and that the Same 
was not Granted but the Consideration thereof continued to the 
next Term by Eeason of Some Doubt whether the Eespective Courts 
were fully Impowerd Avithout new Process to proceed to Tryal and 
motion being made that Such further order on the Premises might 
be made as that they might be hereafter no Difficulty In that Eespect 

Voted and 

Ordered that the Eeference Eeport and Judgments Complained 
of In the Petition be & hereby are Declared null and Void and 
the Justices of the Inferiour Court of Common Pleas next to be 
liolden at Boston in and for the County of Suffolk on the first 
Tusday of Aprill next are hereby Directed and Impowered to hear 



[2d Sess.] Province Laws {Resolves^ etc.). — 1754-55. 269 

and Try the Cause between the Said Williams and John Moray men- 
tioned in the Petition to Enter up Judgment and Award Execution 
thereon In the Same manner as fully to all Intents & Purposes as 
if the Same had Stood continued and no Reference had been Entred 
into or Judgment been Rendred thereon and that the Justices of 
the Court of Sessions of the Peace to be held at Boston in and for 
the County of Suffolk on the first Tusday of April next are hereby 
directed & Impowered to hear and Try the Appeal mentioned in 
said Petition Enter up -Judgment and & ' Award Execution in the 
Same manner and as fully to all Intents and Purposes as If the Same 
had Stood Continued and there never had been any Reference or 
Judgment of The Court of Sessions thereon. [^Passed February 7. 



CHAPTER 258. 

ORDER GRANTING TO AARON WOOD LICENCE TO KEEP AN INN. 

A Petition of Aaron Wood of Rowley, setting forth the Con- Legislative 
veniency of his House & the Situation thereof for an Inn, which councff xx!^^ 
has been kept there for some Years past, therefore Praying that 385. Mass. ' 
the Court of General Sessions of the Peace for the County of Essex ass. ^ ' ' "' 
may be impowered to grant him Licence to keep an Inn there. Mass 

Read & ... s^T^'Ho'use'''" 

Ordered that the prayer of the petition be granted & that the Journal, p. i\^. 
Justices of the Court of General sessions of the peace for the County 
of Essex at their Next Term be & hereby are Impowered (if they 
think fit[)] to Licence the pef to be an Inholder in the Town of 
Boxford he Obtaining the Approbation of the select men of S*^ Town 
the time for granting of Licences being elapsed Notwithstanding. 
\^Passed February 7. 



CHAPTER 259. 

ORDER granting TO THO^ TRACY LICENCE TO KEEP AN INN. 

A Petition of Thomas Tracey of Pembrook, shewing that the Legislative 
Select Men of said Town have certified their Approbation of the councff, xx!f ^ 
Petitioners keeping a Tavern there. Praying that this Court would sse. Mass. 

\rciiiVGS CXI, 

impower the Court of General Sessions of the Peace for the County 342. 
of Plymouth to grant him a Licence accordingly. Mass. 

■Rporl Rr Archives, cxi., 

-t^®'"-'^ '^ 841. House 

Ordered that the prayer of the petition be granted and that the Journal, p. 215. 
Justices of the Court of General sessions of the peace for the County 
of Plymouth at their Next Term be & hereby are Impowered (if they 
think fit[)] to Licence the pef as Inholder in the Town of Pembrook 
he Obtaining the Approbation of the selectmen of S"^ Town the time 
for Granting of Licences being elapsed Notwithstanding. [^Passed 
February 7. 

» Sic. 



270 Province Laws {Resolves, etc) . — 1754-55. [Chaps. 260, 261.] 



CHAPTER 260. 



Legislative 
Records of the 
Council, XX., 

386. Mass. 
Archives, cxi., 
340. 

Mass. 

Archives, cxi., 
339. House 
Journal, 
pp. 214, 215. 



ORDER GRANTING TO SAM^ HAYDEN LICENCE TO KEEP AN INN. 

A Petition of Samuel Hayden of Medford, shewing that he has 
lately hired a House in said Town, which for Thirty Years past has 
been licenced as a Tavern; Praying that this Court would impower 
the Court of General Sessions of the Peace for the County of Mid- 
dlesex to grant a Licence to the Petitioner to keep a Tavern there. 

Eead & 

Ordered that the prayer of the petition be granted and that the 
Justices of the Court of General sessions of the peace for the County 
of Middlesex at their next Term be & hereby are impowered (if they 
think fit) to Licence the pef to be an luholder in the Town of Med- 
ford he Obtaining the Approbation of the selectmen of S^ Town 
the time for granting of Licences being elapsed Notwithstanding. 
[Passed February 7. 



CHAPTER 261. 



Legislative 
Records of the 
Council, XX., 
392. 

Mass. 

Archives, vi., 
lS4;lxv.,55,57. 
House Jour- 
nal, pp. 218, 219. 
Province 
Laws, iii., 837, 
note. Ante, 
p. 186, chap. 43. 



VOTE IN REGARD TO EXPORT^ OF PROVISIONS &c\ 

Voted that the Impost Officer & his Deputy for & during the Term 
of twelve Weeks, be & hereby are directed & impowered to demand 
from the Master of every Vessel which shall clear out from any Port 
within this Province, an Account upon Oath of all Provisions and 
Warlike Stores laden or intended to be laden on board such Vessel 
before her Sailing, and whensoever it shall appear to the said Officer 
or Deputy that any Vessel has on board, or that there is intended 
to be laden on board any Vessel more Provisions or Warlike Stores 
than is necessary for the victualling & Defence of such Vessel on 
her proposed Voyage, said Officer shall require the Master of such 
Vessel to give Bond with Sureties in the Penalty of One Thousand 
Pounds Sterling, that all such Provisions & Stores of War shall be 
landed in some Port within his Majesty's Dominions, & Certificate 
returned from the Chief Officer of the Customs of such Port, or 
if it be at a port where there is no Officer of the Customs, then 
from the Chief Magistrate that all such Provisions & Stores of War 
have been landed accordingly. And his Excellency the Governour 
is desired to give Orders that no Vessel having Provisions & War- 
like Stores on board as aforesaid be cleared at the Naval Office, 
untill Bond shall have been given as above directed; and that any 
Vessel already cleared out and suspected to have any Quantity of 
Provisions & Warlike Stores on board be detained untill Security be 
given as aforesaid ; And that his Excellency be likewise desired as 
soon as he shall think proper to acquaint his Majesty's several Gov- 
ernours on the Continent with this Order, & desire that the like 
Care may be taken within the several Governments. [Passed Feb- 
ruary 8. ' 

1 This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is February 10. 



[2d Sess.] Province Laws {Resolves, etc.). — 1754-55. 271 



CHAPTER 262. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO 
THE CAPTIVES IN CANADA. 

Pursuant to the Directions, ["to consider of some proper Method R|fords"of the 
for the Redemption of the Captives now in Canada, belonging to this Council, xx., 
Province." — Legislative Records of the Council, xx., 392] the Com- Archives?' 
mittee have attended the Service assigned them ; And are humbly of i^xiv., 328. 
Opinion that it is not Convenient, at this time, for the Court to employ Mass. 

• J. •/ A.rCLllVGS 

any Person in purchasing Captives belonging to this Province; now ixxiv., 3'27. 
in Canada, It appearing to the Committee that the Indians have, by Refords'onhe 
Means of such Purchases been encouraged to continue their Depreda- Coungi, xx., 
tions upon our Frontiers ; And the Committee are further of Opinion, Journal, 
that no effectual Way can be projected to put an End to these Depre- province^'' 
dations but by revenging the Injury upon the Indians themselves, or Laws,xiv.,604, 
upon those by whom they were employed. "Which is humbly ^ ^ ^' 

submitted. Per Samuel Watts per Order. 

Read and 

Ordered that this Report be Accepted. [^Passed February 11. 



CHAPTER 263. L^trKtne 

Council, XX., 
393 Mass 
ORDER AND VOTE PERMITTING THE EXPORT OF CODFISH TO EUROPE. Archives, Ixv., 

60. 



Ordered that the Impost Officer in taking Bonds to prevent the ]^a°i"p^ -^jT^" 
exportation of Provisions t&c According to the resolve of this Court Province ' 
of Saturday last be directed to Exempt Cod Fish Exported to Europe note^'^Antf,'' 
And it is Accordingly • p! 270 chap- ^' 

Voted that all persons have free Liberty to export Fish as afores*^ 261' 
the S*^ Order Notwithstanding. [Passed February 12. 



CHAPTER 264. 

ORDER SUBSTITUTING MR PHINEAS HAYWOOD FOR CAP^ RUGGLES ON Legislative 

THE COMMITTEE TO FARM EXCISE IN THE COUNTY OF WORCESTER. Records of the 

Council, XX., 
394. Mass. 

Ordered that M"" Phineas Haywood be of the Committee to Farm ^ychives.cxx., 
out the Excise on Spirituous Liquors in the County of Worcester Hougg Jour- 
in the room of Cap* Ruggles who desires to be Excused. [Passed naJ. p- -^■ 
February 13. chap. 197. 



CHAPTER 265. 

ORDER ALLOWING £100 TO D'' WIGGLESWORTH. 

Ordered that there be granted & Allowed to be paid out of the Legislative 
Publick Treasury to the Rev'' D^ Edward Wigglesworth Hollisian ^^;j«^cff^ ^*^';f 
Professor of Divinity at Harvard College in Cambridge the Sum 394. Mass. 



272 



Province JjXws, {Resolves, etc.) . — 1754-55. [Chaps. 266-269.] 



Archives, 
Iviii., 416. 



Hoiise Jour- 
nal, p. 225. 



of One Hundred pounds as a gratuity in Consideration of his faith- 
ful discharge of the Great & Important Trust reposed in him & for 
his further Encouragement therein. [^Passed February 13. 



CHAPTER 266. 



ORDER ALLOWING £250 TO REV" EDWARD HOLYOKE. 



Legislative 
Records of the 
Council, XX., 
394. Mass. 
Archives, 
Iviii., 416. 

House Jour, 
nal, p. 225. 



Ordered that the sum of Two Hundred & fifty pounds be Granted 
& allowed to be Paid out of the Publick Treasury to the Eev^ Edward 
Holyoke President of Harvard College over and Above the Rents of 
the Massachusetts Hall for one Year ending the Tenth day of Sep- 
tember next to be paid quarterly, \^Passed February IS. 



CHAPTER 267. 



Legislative 
Records of the 
Council, XX., 
394. Mass. 
Archives, 
Iviii., 415. 

House Jour- 
nal, p. 225. 



ORDER ALLOWING £100 TO JOHN WINTHROP, ESQ. 

Ordered that there be granted & Allowed to be Paid out of the 
Publick Treasury to John Winthrop Esq'' Hollisian Professor of 
the Mathematicks at Harvard College in Cambridge the Sum of 
One Hundred pounds as a Gratuity in Consideration of his faith- 
full discharge of that Trust reposed in him and for his further 
encouragement therein. [^Passed February 13. 



CHAPTER 268. 



ORDER ALLOWING £20 TO R. JUDAH MONIS. 



Legislative 
Records of the 
Council, XX., 
394. Mass. 
Archives, 
Iviii., 415. 

House Jour- 
nal, p. 225. 



Ordered that there be granted & Allowed to be paid out of the 
Publick Treasury to R. Judali Monis Hebrew Instructor at Harvard 
College in Cambridge the Sum of Twenty pounds as a Gratuity in 
Consideration of his faithful discharge of that Trust reposed in him 
And for his further Encouragement therein. [Passed February 13. 



CHAPTER 269. 



ORDER DESIRING THE CAPTAIN GENERAL TO LAY AN EMBARGO ON 
ALL FISHING VESSELS. 



Archives, ixv., Ordered that his Excellency the Cap^ General be desired to Lay 
"•^- an Embargo on all the Fishing Vessels that go to the Banks which 

House Jour- are in the several Ports in this Province Until the first of March 

nal, p. 226. 
Post, p. 274, 
chap. 274. 



Next. [Passed * February 13. 



[2d Sess.] Province Laws {Resolves, etc.). — 1754-55. 273 



CHAPTEK 270. 

VOTE IMPOWERING WILLIAM STURTIVANT AND HEZIKIAH BEARCE, 
GUARDIAN, TO SELL REAL ESTATE AND MAKING PROVISION IN 
REGARD TO THE PROCEEDS. 

A Petition of William Sturtivant & others, (by their Guardian,) Rlfo^rtg^Jft^e 
Grand Sons of AYilliam Sturtivant late of Halifax in the County of council, xx., 
Plymouth Dec*^ setting forth the Disposition of the said Deceased's ArchiveY.xix., 
Estate by Will, and the Necessity of selling the real Estate, & pray- 236. 
ine: that it may be sold accordingly. Mas^: 

%^ -, -^ o '' Archives, XIX., 

[Head andj 235. House 

Voted that the Petitioners William Sturtevant & Hezekiah Bearce pp"2ivV23. 
in his ' Said Capacity be & hereby are fully Authorized & Impowered £^^^°jf ,gj 
to make Sale of the Lands & Saw mill mentioned in the Petition for chap.'io.'' ' 
the most the same will fetch and to make & Execute a Good Deed 
or Deeds of the Same, they Observing the Directions of the Law 
Eespecting the Sale of Eeall Estates Provided they Give Sufficient 
Caution to the Judge of Probate for the County of Plymouth that 
the money Arising by the Sale of the Premises shall be Distributed 
to and Among the Six Grandsons of William Sturtevant Late of 
Halifax in the County of Plymouth Deceased, mentioned in the 
Petition or their Legall Eepresentatives as they Shall Arive to the 
Age of twenty one years in Equall Proportion, and that the Money 
in the mean time be Put out to Interest & that the Legacy Given 
to the AViddow of the Deceased William of three pounds Six Shil- 
lings & Eight pence Be paid out of the Same during her widdohood 
& the Overplus of the Interest (If any there be) be applied Equally 
for the use & Benefitt of the Said Six Grandsons or there Legall 
Eepresentatives. \_Passed February 13. 



CHAPTEK 271. 

VOTE DIRECTING THE TREASURER TO INFORM THE AGENTS OF LADY 
AVARREN THAT HE IS PREPARED TO RECEIVE THE BEQUEST OF THE 
LATE SIR PETER WARREN. 

A Memorial of Harrison Gray Esq"" Treasurer of this Province, Legislative 
shewing that conformable to the Order of this Court he waited on councif, xi!,^^ 
Charles Apthorp & Thomas Hancock Esq''^ Agents of the Lady War- 396. Mass. 
ren in order to receive from them £700 Sterling with Interest, from 295. ' "' 
the 25*'' of March 1751, pursuant to her Letter respecting the Money Mass. 
ordered by Sir Peter Warren for the Education of Indian Children ^4^^"House^*'* 
of the Six Nations, that the said Agents informed the Memorialist Jo^^^i, 
that they had no Moneys of her Ladyships in their Hands, but had province 
undeniable Securities of her Estate, which they were ready to assign ^hi^^'i3iT694f' 
over to the Governm* so far as shall answer for the Sum above men- chap. 155.' 
tioned, but for as much as the Memorialist has no Power to receive 
any thing but Money, Therefore Praying for the further Order of 
this Court on the said Affair. 

[Eead and] 

Voted that the Treasurer be & hereby is directed to Inform the 
Agents of the Lady Warren that he is ready to receive of them the 
monyes which she has Ordered to be paid to the Order of the prov- 

1 Sic. 



274 



Peovince Laws {Resolves, etc.). — 1754-55. [Chaps. 272-274.] 



ince as soon as they shall have Collected the same And that it is 
the desire of this Court that they would do it as soon as may be 
that so the Charitable Intention of the late S' Peter Warren may 
be no longer delayed And the Treasurer is hereby impowered to 
receive the S'^ Money being Seven Hundred pounds Sterling with 
Interest from March 25*^ 1751 And give A proper discharge for 
the same. \_Passed February 13. 



Legislative 
Records of the 
Council, XX., 
398. 

Mass. 
Archives, 
Ixxiv., 333. 
Legislative 
Records of the 
Council, XX., 
386, 393, 395, 397. 
Province 
Laws, iii., 838, 
note. 



CHAPTEE 272. 

VOTE DESIRING THE CAP^ GENERAL TO GIVE ORDERS FOR THE CON- 
FINEMENT OF THE SUBJECTS OF THE FRENCH KING. 

Voted that His Excellency the Captain General be desired as soon 
as may be, to give Orders that all the Subjects of the French King 
be forthwith confined ; and that His Excellency be desired to write 
to the neighbouring Governments to do the like within their respec- 
tive Governments.' \_Passed February 15. 



CHAPTEE 273. 



VOTE DESIRING HIS EXCELLENCY THE GOVERNOR TO LAY A GENERAL 
EMBARGO ON SHIPPING. 



Legislative 
Records of the 
Council, XX., 
398. Mass. 
Archives, Ixv., 
63^ 

Legislative 
Records of the 
Council, XX., 
395. Province 
Laws, iii., 837, 
note. Ante, 
p. 272, chap. 
269. 



Voted, That his Excellency the Gov"" be desired to lay a General 
Embargo on the shipping within this Province for the space of one 
month from this day, and that no ship, sloop or other vessel be per- 
mitted to proceed to sea unless the Master or owner fully satisfy his 
Excellency that there will be no supply made by such vessel of pro- 
visions arms or amunition to any of the french Kings subjects in 
America, nor any intelligence given thereby of the present military 
proceedings of this or the adjacent Governments, and also that his 
Excellency be desired to move the Neighbouring Colonies to come 
into the same Measures.'' [^Passed February 15. 



Legislative 
Records of the 
Council, XX., 
398. Mass. 
Archives, Ixv., 
64^ 

House Jour- 
nal, pp. 228, 229. 
Province 
Laws, iii., 8.37, 
note. Ante, 
p. 272, chap. 
269. Supra, 
chap. 273. 



CHAPTEE 274. 

VOTE DESIRING HIS EXCELLENCY THE CAPTAIN GENERAL TO FURTHER 
E2LTEND THE EMBARGO ON FISHING VESSELLS. 

Voted that his Excellency the Captain General be desired further 
to Extend the Embargo on Fishing V'essels that go to the Banks 
Until the fifteenth of March Next, [Passed February 15. 



1 Not found in the House Journal. 

2 The House Journal, pp. 226, 228, refer to an embargo on fishing 
nothing is mentioned about a general embargo. 



vessels only, but 



[2d Sess.] Province Laws {Resolves, etc.). — 1754-55. 275 

CHAPTEK 275. 

ORDER GRANTING TO OLIVER ABBOT LICENCE TO SELL STRONG DRINK. 

A Petition of Oliver Abbot, setting forth his Commodious Sit- Legislative 

• ■ Ksoordfi Or tnp 

uation for an Inn in the Town of Billerica, and the want of one in council, xx., 
the Body of the said Town; & Praying that the Court of General Archh^es?' 
Sessions of the Peace for the County of Middlesex may be impow- cxx., 12. ' 
ered to grant him a Licence at their next Term. House Jour. 

■r» -, o nal, p. 231. 

Kead & 

Ordered that the prayer of the Petition be granted And that the 
Justices of the Court of General sessions of the peace for the County 
of Middlesex at their Next Term be & hereby are Impowered (if they 
think fit) to Licence the petitioner Oliver Abbot a retailer of Spirit- 
uous Liquors in the Town of Belerica he first Obtaining the Appro- 
bation of the selectmen of S*^ Town the time for granting of Licences 
being Elapsed Notwithstanding. {^Passed February 17. 



CHAPTEK 276. 

ORDER GRANTING TO JOHN HOLBROOK, JUN«, LICENCE TO SELL STRONG 

DRINK. 

A Petition of John Holbrook jun' shewing that for many Years Legislative 
past he has been a Ketailer of strong Drink in the Town of Braintree, counc*if,xx*f^ 
but that at the last Term for renewing Licences in the County of 403. jviass. ' 
Suffolk he lost his Opportunity thro' Misinformation, Praying that le. ' " " "' 
the Court of General Sessions of the Peace for the said County may House Jour- 
be impowered to renew his Licence at their next Term. °*^» p- '^^■ 

Read & 

Ordered that the prayer of the pet° be granted & that the Jus- 
tices of the Court of General sessions of the peace for the County 
of Suffolk at their Next Term be & hereby are impowered (if they 
think fit) to Licence the Petitioner to be A retailer of Spirituous 
Liquors In the Town of Brantree he Obtaining the Approbation of 
the select men of the Said Town the time for granting of Licences 
being Elapsed Notwithstanding. \^Passed February 18. 



CHAPTER 277. 

ORDER IMPOWERING THO^ GREENWOOD, ESQ^ GUARDIAN, TO EXE- 
CUTE A DEED. 

A Petition of Thomas Greenwood, Guardian of Ann Allen Legislative 
Daughter of John Allen late of Newton dec'* a Minor, shewing counctf, xx?® 
that the said John Allen's Estate has been settled by the Judge Yrc\\uk\L 
of Probate for the County of Middlesex, and a dwelling House, 258. '' ' 
Barn & forty Acres of Land assigned undivided to the said Minor, Mass. 
& her elder Sister Martha Carter, Wife of Benjamin Carter, and ^^y^'^Legisia^-'' 
for as much as the said Carter's part is about to be sold. Therefore tive Records of 



276 



Province Laws (Hesolves, etc.). — 1754-55. [Chaps. 278, 279.] 



the Council, 
XX., 407. 
House Jour- 
nal, pp. 2'27, 234, 
235. Province 
Laws, ii., 151, 
chap. 10. 



praying for Liberty to sell the said Minors Part, w^*" will be much 
for her Benefit. 

Eead and 

Ordered that the Prayer of the Pet° be granted and that the Peti- 
tioner be and hereby is impowered in his said Capacity to make Sale 
of the Estate mentioned in the Petition and to make and Execute 
in due form of Law a good and sufficient Deed or Deeds of the 
Premisses to such Person or Persons as shall give most for the same 
he Observing the Directions of the Law respecting the Sale of Eeal 
Estates by Executors or Administrators. Provided he give Sufficient 
Caution to the Judge of Probate for the County of Middlesex that 
the neat Produce and the Interest thereof shall be paid to the said 
Minor when she shall arrive at the Age of Twenty one Years or be 
Married which shall first happen except what shall be necessary for 
her Support during that Time. [Passed February 18.^ 



CHAPTEE 278. 



ORDER IMPOWERING THE ASSESSORS OF THE TOWN OF LUNENBURGH 
TO LEVY A TAX OF A HALF PENNY PER ACRE. 



Legislative 
Records ol the 
Council, XX., 
337. Mass. 
Archives, 
cxxi., 314. 

Mass. 
Archives, 
cxxi., 312. 
Legislative 
Records of the 
Council, XX., 
404. House 
Journal, 
pp. 140, 225. 



A Petition of the Represent^^ of the Town of Lunenburgh 
setting forth the great & uncommon Charge they are at for mak- 
ing & re'pairiug of Bridges & High Ways, Praying for an Order 
of this Court to impower them to assess an half peny per Acre 
^ Annum for five Years on the Lands of the Non Eesident Pro- 
prietors, to help the said Town to defray the said Charge. 

Read and it appear^ y* the pet"" has followed the Directions of this 
Court of the 4* Decem'' last and no Answer being given in There- 
fore 

Ordered that the Prayer of the Pet° be so far granted As that the 
Assessors of the said Town be and hereby are impowered to Assess 
the lands of the Nonresident Proprietors in said Town for three Years 
next ensuing one half peny for each Standard Acre ^ Annum and 
the Collector or Collectors Constable or Constables to whom the said 
Assessments shall be Committed are hereby impowered and Directed 
to Collect the same and in case of refusal or Non Payment (after due 
Notice being given) to follow the Directions of the Law in such Cases 
provided. [Passed February 19. 



CHAPTER 279. 



VOTE ALLOWING £18. 10 TO M^ JON^ EDWARDS. 



Legislative 
Records of the 
Council, XX., 
404. Mass. 
Archives, xiii., 
583. 

Mass. 

Archives, xiii., 
581. House 



A Petition of M' Jonathan Edwards Pastor of the Church at 
Stockbridge, setting forth the Expence he was at for the Subsistence 
of Soldiers at the time of their late Danger from the Indians, pray- 
ing that he may be reimbursed his said Charge out of the publick 
Treasury : 

Read & 

* This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is February 20. 



[2d Sess.] Province Laws {Resolves, etc.). — 1754-55. 277 

Voted that there be Allowed & paid out of the Publick Treasury Journal, 
to the Petitioner the Sum of Eighteen pounds Ten shillings In full W;!"!. 192,236, 
discharge of his Accounts within mentioned. \_Passed February 19. 



CHAPTER 280. 

ORDER CONFIRMING A PLAT OF 400 ACRES OF LAND TO THE HEIRS OF 
CAPT. JOSEPH BANE. 

A Plat of 400 Acres of Land granted by the General Court to Legislative 
Joseph Bane & his four Sons; laid out by Joseph Chadburn Sur- councif, xx!f^ 
veyor & Chainmen on Oath, in the County of York; begining at a ^^•, .*^^**- 
Pine Tree marked M B being the Easterly Corner of Moses Banks's xivi., 396.' 
Land, runing North east by East Two hundred & fourteen Poles to Mass. 
a Hemlock Tree mark'd-tB, then Northwest by West three hundred xM.'^sgl'sgs 
Poles to a Beach Tree marked -iB, then Southwest by West, Two kouse joV- 
hundred & fourteen Poles to Moses Banks's Land to a Beach Tree ^oo'cDecemberl 
marked iB, then South east by South three hundred Poles to the ^''^^^' p-^^*- 
first Station. 

Eead & 

Ordered that the within plan be Accepted And that the Lands 
therein delineated & Described be & hereby Are Confirmed to the 
Heirs of Captain Joseph Bean their Heirs & Assigns provided it 
doth not Exceed the Quantity [of] ' four Hundred Acres Nor Inter- 
fere with Any former Grant.'' \^Passed Fehriiary 19. 



CHAPTER 281. 

VOTE IMPOWERING JN^ HOPPEN, ADM=, TO SELL LAND. 

A Petition of John Hoppen Adminisf of the Estate of Benja- Legislative 
min Hoppen late of Attleborough Dec"! shewing that the Personal couu^*if, xx*^^ 
Estate of the said Beniamin is insufficient to pay the Debts and 404. Mass. 
the Eeal Estate small & in such Circumstances as that the selling 238. ' 
a part of it would be ruinous to the Eest, therefore Praying that Mass. 
he may be impowered to sell the whole, 47?'^House^''^'' 

Read & Journal,^ 

Voted that the Prayer of the Petition be granted And that the ^^ovince' ' 

Laws, 11., 151, 

^ Inserted from Legislative Records of the Council, xx., 404. chap. 10. 

' "The Memorial of John, James & David Bane Only Surviving Sons of Joseph Bane 

Humbly shew, 

That the Grant of Four Hundred Acres of the Unappropriated Lands of the said Prov- 
ince in the County of York made by the Great & Gener' Court of the said Province at their 
Session in Boston on the 6'^ of Decc 1734. to their said Father to be Laid out by a Survey"' 
& Chain men on Oath for the Use of his Four Sons by reason of their being then in their 
nonAge & not capable of making choice for pitching the said Grant commodious for their 
settlement & improvement, And for that also no Sooner was the Eldest of them arriv'd to 
Age than he went to Sea, was lost, & never heard of since as likewise the War & Erup- 
tions with the Indians & most of your Memorialists in the Service at S' Georges &c has 
been the true cause why the said (jrant has not been Laid out till the Year 17oQ. 

Wherefore they pray this Court to Accept of these their Reasons for the Delays afore- 
said And now confirm the laying out of the said Grant according to the Return "herewith 
exhibited & Your Memorial" 

As in duty bound 

shall ever pray 

JoHx Bane 
James Bane 

D.WID B.\.\E." 

— Mass. Archives, xlvi., 393. 



278 



Province Laws {Resolves, etc.) . — 1754-55. [Chaps. 282, 283.] 



Petitioner in his Capacity be & hereby is Impowered to sell the Land 
Mentioned in the Petition & to make & Execute a sufficient Deed or 
Deeds of S^^ Lands to such j)erson or persons as Shall purchase the 
same provided the pet" Observe the directions of the Law respect- 
ing Executors & administrators selling of Lands And give Suffi- 
cient Caution to the Judge of Probate for the County of Bristol 
to Account for the produce thereof According to Law. \^Passed 
February 19. 



CHAPTER 282. 



Legislative' 
Eecords of the 
Council, XX., 
405. Mass. 
Archives, cxx., 
15. 

Mass. 

Archives, cxx., 
14. House 
Journal, p. 237. 



ORDER GRANTING TO JOHN MILLER, EBENEZER KENT, NATHANIEL 
GORHAM AND SAMUEL KETTLE, LICENCES TO SELL STRONG DRINK. 

A Petition of John Miller, Ebenezer Kent, Nathaniel Gorham, 
& Sam^ Kettle all of Charlestown, shewing that they are concerned 
in carrying on the Fishing Trade there, and that it would be a great 
Benefit to their Business if they were impowered to sell Spirituous 
Liquors to- their Fishermen, Praying that the Court of General Ses- 
sions of the Peace for the County of Middlesex may be impowered 
to licence them. 

Eead & 

Ordered that the prayer of the petition be Granted And that the 
Justices of the Court of General sessions of the peace for the County 
of Middlesex at their Next Term be & hereby are Impowered (if they 
think fit) to Licence the pef^ Retailers of Spirituous Liquors in the 
Town of Charlestown they Obtaining the Approbation of the select- 
men of the S*^ Town the time for granting of Licences being Elapsed 
Notwithstanding. [^Passed February 19. 



Legislative 
Records of the 
Council, XX., 
405. Mass. 
Archives, 
xliv., 105. 

Mass. 
Archives, 
xUv., 103-112. 
House Jour- 
nal, pp. 231, 235. 
Province 
Laws, xiv., 674, 
chap. 112. 



CHAPTEE 283. 

ORDER IMPOWERING EBEN» JOHNSON TO BRING FORWARD A WRIT 

OF REVIEW. 

A Petition of Ebenezer Johnson of Woburn, shewing that in the 
Year 1752 he was by Order of the General Court admitted to have 
a new Trial of a Cause between him & one Seth Ross of Billerica, 
at the Superiour Court of Judicature for the County of Middlesex, 
that he applied himself to the Clerk of the s*" Court accordingly, 
for a Writ, that the said Clerk made a great Mistake in the Draught 
of the Writ, by which Means the Action was not entered. Praying 
that he may have a new Trial at the next Term. 

Read & 

Ordered that the prayer of the petition be granted And that the 
pef be & hereby is Impowered to bring his Writ of Review of the 
Action within mentioned to the Next superiour Court of Judicature 
to be holden at Cambridge in the County of Middlesex on the first 
Tuesday of Aug* Next And the Justices of the s<^ Court be & hereby 
are Impowered & Directed to hear & Try the s** Cause Accordingly 
give Judgment thereon & Award Execution thereon. \_Pas8ed Feb- 
ruary 19. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1754-55. 279 



CHAPTEK 284. 

ORDER IMPOWERING CORNELIUS PUTNAM, ADM^ & ELIZABETH HIS 
WIFE TO SELL LAND AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Cornelius Putnam Adminisf of the Estate of Rgf^^d^^f th 
William Perkins dec'' and Elizabeth Putnam Relict of the said council, xx., 
William & now Wife of the said Cornelius, and of Cornelius Put- Archives* xix. 
nam jun'' & Elizabeth his Wife, Daughter of the said William, 24o. 
shewing that the Real Estate of the said William Perkins consist- Mass. 
ing of a small House & Barn, and seventy five Acres of Land in m House^'"^' 
the Town of Sutton, cannot be divided without great Prejudice to pp^^^f jVg 222 
the whole. Praying that the said Administrators may be impowered Province ' 
to sell the said Real Estate. ch£qD!'io.'' ' 

Read & 

Ordered that the petitioners Cornelius Putnam & Elis^ Putnam 
in their Capacity within Mentioned be & hereby are fully Author- 
ized & Impowered to make Sale of the Land & Buildings mentioned 
in the petition for the Most the Same will fetch And to make & Ex- 
ecute a Good Deed or Deeds of the Same they Observing the direc- 
tions of the Law respecting the Sale of real Estates provided Also 
they give sufficient Caution to the Judge of Probate for the County 
of Worcester that the Money Arising by the sale of the premisses 
be Justly Distributed to & among the Children & Legal Representa- 
tives of William Perkins Late of Sutton in the County of Worces- 
ter Deceased According to Law Two Thirds thereof Immediately 
Upon the Sale of s'^ Estate And the other third at the Decease 
of the S'^ Elis^ Putnam formerly the Wife of S*^ William perkins 
Deceased. \^Passed February 19.' 



CHAPTEE 285. 

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

A Petition of Abigail Lewis Widow & Admin^ of the Estate of K^fo^i,^^"of t^ 
John Lewis late of Lyn dec^ shewing that the Personal Estate of council, xx., 
her said Husband according to Apprizement is £116.13.4 and that Archiv^^s^^xix. 
the Real Estate is small, & so out of Repair that the Rents will not ^^2. 
be sufficient to repair it, therefore praying for Power to sell it for Mass. 
the Benefit of herself & Children. ^fnouse'''' 

Read, & Journal, p. 241. 

Order'' d that the Prayer of the within written Petition be granted, 
and that the Petitioner be, & She is hereby impower'd (in her said 
Capacity) to make sale of the Real Estate in said Petition mentioned, 
for the most that may be ; Publick notice of the intended sale being 
first given in time & manner as by Law is directed in case of the 
Sale of Lands by Executors or administrators : The said adminis- 
tratrix giving due Caution to the Judge of Probate for the County 
of Essex that the Proceeds of such sale (after Payment of just Debts) 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is February 20. 



280 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 286, 287.] 



be jout out at Interest on good Security ; that one third part of said 
Interest, as it shall annually arise, be for the use of the Widow of 
the said Deceased during her natural Life; and that the other two 
thirds of s*^ Interest be put into the Hands of such are are ' or may 
be appointed Guardians of the Children of the said Deceas'd by 
them to be applyed for the Comfort & Support of s^ Children; That 
their respective proportions in two thirds of the Principal Sum be 
paid to them as they shall arrive at Lawfull age, or at Marriage, 
and that the other third part of the Principal be paid to them (or 
such as shall legally represent them) upon the Decease of the said 
Widow. The Petitioner to be accountable to the Judge of 

Probate aforesaid, for & touching her Proceedings in the Premises. 
\^Passed February 20. 



Legislative 
Records of the 
Council, XX., 
408. Mass. 
Archives, 
xliv., 115. 

Mass. 
Archives, 
xliv., 11.3-129. 
House Jour, 
nal, p. 242. 



CHAPTEE 286. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
ARCHIBALD GREENFIELD TO SET ASIDE A JUDGMENT. 

A Petition of Archibald Greenfield of Salem, shewing that Wil- 
liam Mayberry of New Marblehead has obtained a Judgment against 
him (at the Inferiour Court of Common Pleas for the County of York 
held in April last) by Surprize while the Petitioner was sick & 
unable to attend the said Court, and was made to expect that the 
Action would not be entered, praying that the' said Judgment may 
be set aside, and that the Pet^ may be allowed to answer to the Action 
at the next Term. 

Eead and 

Ordered that the Petitioner serve the Adverse Party with a Copy 
of this Petition that he shew Cause (if any he have) on the second 
Wednesday of the next Sitting of the Court why the Prayer thereof 
should not be granted and Execution is staid in the Mean Time Pro- 
vided the Pef give sufficient Security to the Sheriff of the County 
of Essex to pay what now is or finally may be adjudged due. \Pa8sed 
February 20. 



CHAPTER 287. 



Legislative 
Records of the 
Council, XX., 

408. 

House Jour- 
nal, pp. 23.5, 238. 
Ante, p. 264, 
chap. 247. 



ORDER ALLOWING £66. 13. 4 ADDITIONAL TO THE TREASURER. 

Ordered that the Sum of Sixty Six Pounds, thirteen shillings and 
four pence be allowed & paid out of the publick Treasury to Har- 
rison Gray Esq' Treasurer & Eeceiver General of his Majesty's Eev- 
enues of this Province in Addition to the Grant already made him 
for one Years Service, ending the 23"^ of December last. \^Passed 
February 20. 

» Sic. 



[2d Sess.] Province Laws {Resolves, etc). — 1754-55. 281 



CHAPTEE 288. 

VOTE DIRECTING THO^ HUTCHINSON, ESQ«, TO PAY TO THE PROVINCE 
TREASURER £48. 14. 6 AND £9. 1. 4 TO JOHN H. LYDIUS, ESQ^. 

A Memorial of Thomas Hutchinson Esq'' shewing that in the Legislative 
Year 1745 a Sum of Money was put into his Hands to be remitted coXif, xx!f ^ 
to M"" John H Lydius of Albany, & by him to be employed for ^o^ Mass. ' 

• A TCini vp.p ciii 

securing the Indians of the Six Nations in the English Interest, 300. 
that the said M' Lydius has drawed the greatest part of the Money Mass. 
out of his Hands, praying that the Account may be settled, and ^g^^Hous^e"'' 
that the Memorialist may be discharged upon paying the Ballance : Journal,^ 
[Eead and] province 

Voted that the Pef Thomas Hutchinson Esq'' pay to the province ^ifaTjs'. sv^sg*''^' 
Treasurer the Sum of forty eight pounds fourteen shillings & six 
pence And Also Nine pounds one shilling & four pence LawfuU 
money to John H Lydias Esq'^ of Albany And upon his so doing 
that he be discharged from the Sum of Twenty five Hundred 
pounds within mentioned. \_Passed February 20. 



CHAPTER 289. 

ORDER GRANTING TO JOHN NASH LICENCE TO KEEP AN INN. 

A Petition of John Nash of Weymouth, Innholder, shewing Legislative 
that by Eeason of Sickness he was prevented from renewing his coundf xx!^^ 
Licence at the proper Term, Praying that the Court of General 409. Mass. ' 
Sessions of the Peace for the County of Suffolk may be impowered sie. ^ ' ' '' 
at their next Term to renew his Licence. Mass. 

PpQfl i^ Archives, cxi., 

'^^^^^ ^ „ , , 34.5. House 

Ordered that the prayer of the pef^ be granted & that the Jus- Journal, p. 237. 
tices of the Court of General sessions of the peace for the County 
of Suffolk at their Next Term be & hereby are Impowered if they 
think fit to Licence the pef an Inholder in the Town of Weymouth 
he Obtaining the Approbation of the select men of S** Town the 
Time for granting of Licences being Elapsed Notwithstanding. 
\Passed February 20. 



CHAPTEE 290. 

ORDER ALLOWING £8 TO A3I0S PARLING. 



A Petition of Amos Perlin a Soldier in the late Expedition under Legislative 
Major General Winslow, Praying that he may be allowed, the Charge coSncff, xl*,^^ 
of his Sickness, while he was in the said Service out of the publick ^^^-^^^vlT' 
Treasury. xxiv., 304. 



Read & Mass. 

Ordered that there be Allowed & paid out of the publick Treas- ^^xs^.Tloi. 
ury to the pef Amos parling the Sum of Eight pounds he paid his House Jour- 
Nurses while sick In full of his Acc^ {^Passed February 20. 227,' 24^2. '' ' 



282 Province Laws {Resolves^ etc.). — 1754-55. [Chaps. 291, 292.] 



CHAPTEE 291. 

ORDER ACCEPTING REPORT OF COMMITTEE ON THE PET^ OF THOMAS 
GILBERT, JUN= IN REGARD TO MINISTERIAL DUES. 

Recordfof the ^ PETITION of Tliomas Gilbert Jim"" Agent for the first Precinct 
Council, XX., in Brookfield shewing that the said Precinct liad granted a Salary 
ArcMve8,^inu; for the present Year for their Minister M^ Elisha Harding, before 

^ the setting off from them a third Precinct, & setting over many 

^i''^s8- of their Inhabitants to the second Precinct, Praying that the said 

6-26-631. Legis- Salary may be assessed upon all that were Inhabitants of the said 

o'f'the Council ^^st Prccinct at the time when it was granted. 

XX., 297. ' The Committee to whom was referr'd the Petition of Thomas 

naTpp.isM90, Gilbert jun'' Agent for the first Parish in Brookfield, having heard 

!i'n5:l,*p. i^', the Parties and considered the said Petition and Answer thereto, 

chap'. 338. ' are of Opinion, that the several Grants in said Petition, mentioned 

be levied on all the rateable Polls and Estates that were included in 

the first Parish before the same was divided; and that the present 

Assessors for the Town aforesaid be authorized and directed to assess 

and levy the same accordingly, in such Manner and Proportion, as 

if no such Division had been made; and to issue their Warrants to 

the Constables of the same Town, requiring them to collect such 

Assessment and to pay the same to the Treasurer of the said Town, 

to be applied to the Use of the Rev** M'' Harding, and to the other 

Purposes for which the same was granted : and the said Constables 

are hereby required & impowered to execute the said Warrants 

accordingly: Which is humbly submitted. 

Per Order of the Committee, S. Danforth. 

Read and 

Ordered that the above Report be Accepted and all Persons Con- 
cerned Are hereby required to Conform themselves Accordingly. 
{^Passed February 20. 



CHAPTER 292. 

ORDER GRANTING TO RUTH FITTS LICENCE TO SELL STRONG DRINK. 

Rlfords^of the ^ PETITION of Ruth Fitts of Danvcrs in the County of Essex, 
Council, XX., Praying, for Reasons therein mentioned, that the Court of General 
Archfves^cxi., Sessions of the Peace for the said County may be allowed to licence 

^ her to retail strong Liquors there. 

House Jour- Read & 

na.pp. /,. . (9^f7g^gf^ that the prayer of the petition be granted and that the 
Justices of the Court of General sessions of the peace for the County 
of Essex at their Next Term be & hereby are Impowered if they 
think fit to Licence the pet' a Retailer of Spirituous Liquors in the 
House she now Lives in in Danvers she first Obtaining the Approba- 
tion of the Selectmen of S*' Danvers the time for granting of Licences 
being elapsed notwithstanding. \^Passed February 20. 



[2d Sess.] Province Laws (Besolves, etc.). — 1754-55. 283 



CHAPTER 293. 

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF 
BEZALIEL TOPPAN IN REGARD TO A DECISION. 

A Petition of Bezaliel Toppan of Salem Physician, setting forth R^p^f *^"^f .jj 
the Proceeding had in a Controversy between Andrew Hall of Bos- council, xx., 

ton and the Petitioner, more especially in Eelation to the Referres — . 

to whom they had left the Determination of their Differences, Two ^a "p! m''' 
of whom agreed upon and signed the Award, without giving him 
an Opportunity to be present, praying for Relief from this Court. 

Read & 

Ordered that the Petitioner serve the adverse Party Andrew Hall 
with a Copy of this Petition, that he shew Cause if any he have, 
on Tuesday next why the Prayer thereof should not be granted, if 
the Court be then Sitting, if not, on the first Fryday of the next 
Sitting of this Court & all Proceedings relating thereto are stayed 
in the mean time. [Passed February 20. 



CHAPTER 294. 

ORDER ALLOWING £5 AND A FURTHER AMOUNT OF £5. 0. 7i TO HENRY 

WOODS. 

A Petition of Henry Woods of Groton, a Soldier in the late Legislative 
Expedition under Major General Winslow, Praying that the Charge coundf xi*^^ 
of his Sickness while he was in the said Service, may be paid out 4io. Mass. '' 
of the publick Treasury. ixxiv.^lli. 

Read & Mass. 

Ordered that there be Allowed & paid out of the publick Treas- ^xw^lo 
ury the sum of five pounds of What he paid to his Nurses before House Jour- 
he Came to Boston And the further Sum of five pounds & seven X*<^p".^26of*^' 
pence i/^ by him paid M" Sharrow of Boston for Nursing him while ^bap. 235. 
Sick. [Passed February 20. 



CHAPTER 295. 

ORDER IMPOWERING THO^ HALE & SARAH LANE, EXECUTORS, TO SELL 
LAND AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Thomas Hale and Sarah Lane Executors of the Legislative 
last Will and Testament of Job Lane late of Brookfield, dec'' shew- coSxx?® 
ing that the Personal Estate of the Deceased, and what he had in 409. Mass. ' 
his last Will allotted of his Real Estate proves insufficient to pay 248. ' ' " 
the Debts, therefore Praying that the Petitioners may be enabled Mass. 
to sell the Testators Tracts of Land and Buildings as well in the f^^^^^'^^-^^f^^-' 
Town of Brookfield as in AVare River Parish, for the Purposes afore- Journal, 

Qnirl- pp. 245, 246. 

sciii-L . Province 

Read and S^'io."' ^^^' 

Ordered that the prayer of the Petition be Granted and that the 
petitioners be & hereby are fully Impowered to make Sale of the 
Land within mentioned for the most the same will fetch after duly 



281 Provixce Laws {Eesolves, etc.). — 1754-55. [Chap. 296.] 

posting up Notifications of y* time & place of Sale agreable to method 
prescribed by y® Law pass'd in the Sixth year of the reign of His Late 
Majestye King George the first Chap : 3^^ Eelating to Executors & ad- 
ministrators seling land & that the petitioners first give bond with 
suretys to the Judge of Probate for y'^ County of Worcester To account 
for y** money arising by Such Sale & that the overpluss if any there 
be After the Just debts & Necessary Charges are paid suffer a divi- 
sion among the heirs accordiug to Law, {^Passed February 21,^ 



CHAPTER 296. 

ORDER IMPOWERING THE TOWN OF HOLDEN TO LEVY AND COLLECT 
A TAX OF THREE FARTHINGS PER ACRE. 

Klford^of the ^ PETITION of the Proprietors of the Common & undivided Lands 
Council, XX., in the Town of Holden; within the County of Worcester, shewing 
Archivesfxiii., that they havc voted to lay a Tax of three farthings an Acre upon 
587, 588, 590a. ^ ;^^ ^^^^ Lauds, withiu the said Town, and have chosen Persons, 
Archives xiii "^^^ assessing, collecting & receiving the said Tax, to be disbursed 
589. Legisia-"' for the finishing their Meeting House, and for as much as the Au- 
ti7e^(^uncu,* °* thority of this Court is necessary, for the Confirmation of the said 
House Jour Votes, Praying that the Court would confirm them accordingly, 
nai, pp. 82, 240. In Council Eead and 

Ordered that the prayer of the petition within mentioned be 
granted, and that the grant of a Tax of three farthings ^ acre 
on the Lands within mentioned for the purpose there set forth 
made by the Town of Holden at their meeting within mentioned, 
be and hereby is ratified and Confirmed, accordingly and that 
Sam'^ Pierce, Joseph Hubbard, and Jonathan Level of said Town 
be authorized as Assessors, to proportion the Same on the pro- 
prietors & Inhabitants of s"^ Town; and that John Biglow of s** 
Town be impowered & directed to collect the Same; and that Sam^^ 
Hubbard within mentioned be authorized & required to receive & 
pay the S*^ Sum for y** purposes within mentioned. The S*^ Assessors 
Collector & Treasurer to have the Same power therein, as the Col- 
lectors, Assessors & Treasurers in other Towns by Law are vested 
with. 

[In the House this order was nonconcurred and a committee, 
of whom James Minot was chairman, was chosen. Their report 
follows:] 

The Com"® to whom was referred y® within Petition having met 
& maturely Considered the same are humbly of Opinion that y® 
prayer of the Petition be granted & that the Vote of Council of 
the 18 Instant " thereon be revived & pass this Honourable Court all 
which is Humbly Submitted ^^ order of y^ Com"® 

James Minot 
In Council 
Eead and 
Ordered that the within report be Accepted. 

In the House of Eep^ 
Eead & Concurred. \Pa88ed February 21. 

* This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is February 20. 
^ See the first order. 



[2d Sess.] Province Laws {Resolves, etc.). — 1754-55. 285 



CHAPTEK 297. 

VOTE THAT NO SOLDIER SHALL RECEIVE PAY OVER AND ABOVE HIS 
WAGES FOR NURSING. 

Voted, That no Soldier in the Service of the Province shall Rgfords of%he 

be allowed pay from the Government, over & above his Wages for council, xx., 
his nursing or Attendance on any of his fellow soldiers during any Archives?' 
Sickness wherewith they may be visited, it being the Duty of an ixxiv., 344. 
Officer to take care that every man under his comma,nd shall per- House Jour- 
form, as near as may be, an equal part of Service. \_Passed Feb- *^' 
ruary 21. 



CHAPTER 298. 

ORDER IMPOWERING JOHN GILMORE, JUN", TO ENTER AN APPEAL 
FROM A JUDGMENT. 

A Petition of John Gilmore,' shewing that he appealed from a Legislative 
Judgment of John Godfrey Esq' One of his Majesty's Justices of councif xx^*^^ 
the Peace for the County of Bristol upon an Information against 370. Mass. ' 
him of selling Strong Drink without Licence, but being far from lo!^ ives.cxx., 
Home, he could not procure Sureties to prosecute his Appeal, and Mass. 
for as much as the principal Witness against him has receeded from ^^^^l^\ jg 
his Testimony, Praying that he may prosecute his Appeal to the lative Records 
Court of General Sessions of the Peace for the said County of Bristol, x*x?4ii.''"°''"' 

Read and it appearing that the Adverse Party George Morrey has House Jour- 
been served with a Copy of this Pet° and no answer being given in 
therefore 

Ordered That the Prayer of the Petition be granted and the Peti- 
tioner hereby is impowered to prosecute his Appeal from Judgement 
of John Godfrey Esq"^ to the Court of General Sessions of the Peace 
to be holden at Taunton within. and for the County of Bristol on 
the second Tuesday in March next and the Justices of the said 
Court are hereby impowered and directed to hear and Try the said 
Appeal enter up Judgment and award execution thereon in as 
ample a Manner to all Intents and Purposes as if the said Peti- 
tioner had followed the Steps of the Law relating to Appeals and 
that the pet"' Notify the Adverse party George Morey with this 
Order Seven days before the Trial. [^Passed February 21. 



CHAPTER 299. 

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

A Petition of David Parker, Guardian of John Nichols of Mai- Legislative 
den a Minor, shewing that the whole of the said Minors Real Estate councif.xx., ^ 
consists of about seven Acres of Land, and part of a dwelling House, Archwe^^ xix. 
which would be more beneficial to him if it were converted into 252. 



Money, praying that it may be sold accordingly. Mass. 

Archives, xix., 
• In Mass. Archives, exx., 9, the petition is signed by "James Gillmor juner." 



286 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 300, 301.] 



251. House 

Journal, 

pp. 226, 246, 249. 



Read, & 

Orderd that the Prayer of this Petition be granted, & the Peti- 
tioner in his said Capacity be & he is hereby impower'd to make sale 
of y® said minors Interest in the House in said Petition mentioned, 
for the most that it will fetch he first giving Publick notice of the 
intended Sale in time & manner as by Law is directed where Lands 
are sold by Executors or Administrators : Provided due Caution be 
given to the Judge of Probate for the County of Middlesex that 
the Proceeds of such Sale be duly applyed so far as is necessary to 
discharge such Debts as have arisen for the sujjport & Clothing of 
said Minor or as shall be need full for his Comfort & Support; 

and that he account with the said Judge for his Proceedings in the 
Premises. \_Passed February 21. 



CHAPTER 300. 



ORDER DIRECTING THE TRUSTEES OF HASSANIMISCO INDIANS TO PAY 
£12. 10 TO THE SELECTMEN OF GRAFTON. 



Legislative 
Records of the 
Council, XX., 
412. Mass. 
Archives, 
xxxii., 592. 

Mass. 
Archives, 
xxxii., 592. 
House Jour- 
nal, p. 245. 
Province 
Laws, xiv., 39, 
note. 



A Petition of the Select Men of Grafton, shewing that they 
have applied to the Trustees of the Indians of that Place, for the 
Payment of the Charge of the Sickness and Burial of Sarah Burne, 
one of those Indians, but the said Trustees declined to do any thing 
therein without the special Order of this Court, Praying this Court 
would give Order for the Payment of their Account. 

Read And 

Ordered that the prayer of the petition be Granted and that the 
Trustees of the Grafton Indians be directed to pay for y® purposes 
within mentioned the sum of Twelve pounds Ten shillings remain- 
ing in thar hands towards Reimbursing the petitionrs & that they 
pay y® Remainder so as fully to In demnifie them out of the Inter- 
est mony belonging to the heirs of y® Said Sarah Burne Dec*^ as 
it becomes due. \^Passed February 21. 



CHAPTER 301. 



ORDER IMPOWERING MERCY WADSWORTH, ADM-^ TO SELL REAL 

ESTATE. 



Legislative 
Records of the 
Council, XX., 
412. Mass. 
Archives, xix., 
250. 

Mass. 

Archives, xix., 
249. House 
Journal, 
pp. 240,241,244. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Mercy Wadsworth, Widow and Administ^ of the 
Estate of Christopher Wadsworth, late of Duxbury dec*^ shewing 
that there now remains of the Debts on said Estate, (and no per- 
sonal Estate to pay them) One hundred & Six Pounds nine shillings 
and nine pence, praying She may be impowered to sell so much of 
the Real Estate as will discharge the said Debts. 

Read & 

Ordered that the prayer of the pef^ be granted and that the pef 
in her Capacity of Adin^ to Estate of Christ° Wadsworth Dec"^ be 
& hereby is Impowered to make Sale of So much of the real Estate 
S^ Christ° died seized of as to pay the Sum of One Hundred & six 
pounds seventeen shillings & Charges And to Execute good & suffi- 
cient Deed or Deeds to the purchaser or purchasers She observing 



[2d Sess.] Province Laws (^Resolves, etc.). — 1754-55. 287 

the Rules of the Law respecting the Sale of Lands by Executors or 
administrators & Accout to the Judge of probate .for the County of 
Plymouth for the proceeds thereof. {^Passed February 21. 



CHAPTEK 302. 

VOTE SUBSTITUTING M^ JOSEPH BILLING FOR JOHN QUINCY, ESQ», ON 
THE GUARDIANS OF THE PUNCAPAUG INDIANS. 

John Quincy Esq^ having declined accepting the Trust of a Legislative 
Guardian to the Puncapaug Indians, to which he was chosen and councif xx**^^ 
appointed by this Court: 4i3. 

The two Houses jDroceeded this day to the Choice of a Guardian House Jour- 
of said Indians in his Room ; And M'' Joseph Billing was duly elected ^ntifi'n^'^' 
by the Major Vote to the said Trust. {^Passed February 21. ciiap- i^i- 



CHAPTER 303. 

VOTE DESIRING THE CAPTAIN GENERAL TO TAKE OFF THE EMBARGO 
ON FISHING VESSELS. 

A Petition of Jacob Fowle & Robert Hooper Esq" and a great Legislative 
Number of others, Inhabitants of Marblehead, setting forth the councif, xx!f ^ 
great Inconvenience and Damage to the Fishing Interest there, to ^is. Mass. 

o o o 7 Archives Ixv. 

have the Embargo extended to the fifteenth of March, Praying 72. 

that as to the Fishery it may be limitted to the first of March. Mass. 

Read & thereupon ^^i^^^A'^uZ'' 

Voted that his Excellency the Cap* General be Desired to take Journal, p. 250. 

off the Embargo Upon Fishing Vessels Upon the first of march Laws, lii., 837, 

Next. [Passed February 21. l%i,thi^\ 

'iii. 



CHAPTER 304. 

ORDER "WITH STAY OF ALL PROCEEDINGS IMPOWERING JOSEPH 
PLAISTED, ADM=, TO BRING FORWARD A WRIT OF REVIEW. 

A Petition of Joseph Plaisted Adminisf of the Estate of Joseph ^^^Jsiative 
Plaisted Esq'" late of York, in the County of York dec*^ shewing cmincif.xx., 
that in the Year 1751, the said Joseph Plaisted Esq"" (being then Archi^es^^ix. 
Sheriff of the said County) was by one Samuel Walton of the Prov- ise, i67. 



ince of New Hampshire pursued in the Law for the Escape of one Mass. 
Stephen Pierce out of York Goal (altho the said Escape was not i63-i76.^\^'gis. 
occasioned by any Neglect of the said Sheriff) & at the Super' Court Jf/ihl Sicff 
in June 1753, the said Walton recovered Judgment against him, xx.,413. 
upon which the said Sheriff gave Bond to prosecute his Action of na°"pp.'87l^io9, 
Review of the said Cause at the next Term, but was prevented by 224, 250. 
Sickness, & soon after that he died, & the said Walton is since 
deceased, by which Means the Pet' is rendered uncapable of pros- 
ecuting his Action of Review without the Aid of this Court, There- 
fore Praying that he may be impowered to bring forward an Action 



288 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 305, 30G.J 



of Eeview against the Administraf of the said Waltons Estate or 
to bring his Action against the Treasurer of the County, because 
of the Insufficiency of the Prison, as the Real Ground of the said 
Escape, & that he may not be obliged to satisfy the Judgment 
recovered till the Issue of his Action. 

The Committe to whom was Refer'd the petition within men- 
tioned haveing fully Considered the Same, with the papers Accom- 
paing it Are of Opinion that the prayer of the ]3etition be So far 
Granted that the petitioner in his Capacity Afors*^ be Impower'd to 
bring forward a writt of Reivew at the Next Superiour Court to be 
holden for the County of York in an Action wherein the S^ Joseph 
Plaisted Dec*^ was the Original Defend* Against the Exec" of the 
Testament of Sam^^ Walton Dec*^ and all further proceedings On the 
former Judgment in the mean time be Stay'd 

fj Order Johk Greenleaf 

Read and 

Ordered that the above Report be Accepted & that the Pef^ (in 
his Capacity aforesaid) be and hereby is impowered to bring for- 
ward his Writt of Review at the next Superiour Court of Judicature 
to be holden at York within and for the County of York of the 
Action mentioned in the Petition against the Executors of the Tes- 
tament of Sam'^ Walton dec'^ and the Justices of the said Court be 
and hereby are impowered and directed to hear and Try the same 
enter up Judgement and award Execution thereon and the Execut" 
and all other Proceedings on the former Judgement are staid in the 
Mean Time provided the Pet'' give Sufficient Caution to the Sheriff 
of the County of York to Respond what may be finally adjudged 
due w**^ Interest from this day until paid. \_Passed February '21. 



CHAPTER 305. 



ORDER ALLOWING £3. 19. 11 TO D« ELEAZ. HARLOW. 



Legislative 
Records of the 
Council, XX., 
414. Mass. 
Archives, 
lxxiv.,340. 

Mass. 
Archives, 
Ixxiv., 340. 
House Jour- 
nal, pp. 241, 243, 



A Petition of Eleazer Harlow of Duxbury Physician, praying 
that he may be allowed his Accompt of Charge for Medicines for 
several Sick Soldiers belonging to the Forces late under the Com- 
mand of Major General Winslow. 

Read & 

Ordered that there be Allowed & paid out of the publick Treas- 
ury Unto the pef Elea' Harlow the sum of Three pounds Nineteen 
shillings & Eleven pence In full discharge of the Ace* within men- 
tioned. \^Passed February 21. 



CHAPTER 306. 



ORDER ALLOWING THE COMMITTEE ON THE BROOKFIELD 
£11. 12. 3| TO BE PAID BY THE TOWN. 



AFFAIR 



Legislative An Accompt presented by the Committee on the Affairs of Brook- 

cSif.xx.,^ field of their Time & Expenee in attending the same, amounting to 
*'*• £11.12.31/2. 



House Jour- 
nal, p. 237 



Read & 



[2d Sess.] Province Laws (Besolves, etc.). — 1754-55. 289 

Ordered that the Sum of Eleven Pounds, twelve Shillings & three (April, 1754) ; 
pence half penny be paid by the Town of Brookfield to Samuel Watts Sn<^p. us, 
Esq" and others, the within mentioned Committee in full Discharge ciiJip-sss. 
of their Accompt. [Passed February 22. 



CHAPTEE 307. 

VOTE DESIRING THE CAPTAIN GENERAL TO SEND WARLIKE STORES 

TO BROAD BAY. 

Voted that his Excellency the Captain General be desired to Legislative 
give Order that there be Sent to Broadbay Three small Canon councff xx!^^ 
two pounders One Barrel of Powder & a proper proportion of Ball 414. Mass. ' 
out of the Magazine of the province And put the same Under the ixxiv., 345. 
Care of some proper Officer there to be improved for the defence of House Jour- 
that place Against the Common Enemy & not otherwise. [Passed iiai,pp.25o,25i. 
February 22. 



CHAPTER 308. 

VOTE ALLOWING £47. 8. 3 TO DAVID INGERSOL, ESQ^. 

An Accompt presented by David Ingersol Esq'" of the Charge of Legislative 
billeting Connecticut Men sent for the Eelief of the Inhabitants of council, xx., 

the Town of Sheffield in the late Time of Danger from the Indians, — 

amounting to £58.4.2. fe^^'^l?"''.^,, 

T7-/71 in 10 -T ni iim Kecordsof the 

Voted that there be allowed & paid out of the publick Treasury council, xx., 
to David Ingersol Esq" the Sum of Forty seven Pounds, eight Shil- journl'i,^"''"^ 
lings and three pence, and by him to be paid to the several Persons pp- ^°-^> ^^• 
to whom it is due, in full Discharge of the within Accompt. [Passed 
February 22. 



CHAPTER 309. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE 
FOR THE COUNTY OF WORCESTER AND ALLOWING £3. 4. 8 EXPENSE 
THEREOF. 

The Committee for Letting out to farm the Excise upon Spirit- Legislative 
uous Liquors &c'* in the County of Worcester reported that they councff,x*x!f^ 
had let out the same to Major John Chandler of Worcester for £351 Archive^cxx., 
and taken Bond of him with Sureties and lodged the same in the 21. 
Treasury, their Accompt of Charge amounting to £3.4.8. Mass. 

-n 1 Or Archives, cxx., 

XieciU (\- 19 Province 

Ordered that the report be Accepted & that the sum of Three ^otl^'Houfe' 
pounds four shilling & Eight pence be Allowed & paid out of the Journal, p. 251. 
publick Treasury to S'^ Committee in Discharge of their Travil & chap, m.**'' 
Expences. [Passed February 22. 



290 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 310, 311.] 



Legislative 
Records of the 
Council, XX., 
415. Mass. 
Archives, cxx., 
26. 

Mass. 

Archives, cxx., 
25. House 
Journal, 
pp. 250, 251. 
Ante, p. 187, 
chap. 48; p. 229, 
chap. 151. 



CHAPTEE 310. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA &c. FOR THE COUNTY OF WORCESTER, AND ALLOWING 18/ EX- 
PENSE THEREOF. 

The Committee for letting out the Excise upon Coffee, Tea, &c* 
in the County of Worcester, reported that they had let out the same 
to M'' Nathaniel Green of Worcester for £4.1 and taken Bond of him 
with Sureties, and have lodged the same in the Treasury, their Ac- 
compt of Charge amounting to £0.18.0. 

Eead and 

Ordered that the foregoing Eeport be Accepted And that the 
sum of Eighteen Shillings be Allowed & paid out of the publick 
Treasury to S*^ Com*^® in Discharge of the Above Acc^ \_Passed 
February 22. 



CHAPTEK 311 



Legislative 
Records of the 
Council, XX., 
415. Mass. 
Archives, 
cxvi., 707. 

Mass. 
Archives, 
cxvi., 706, 708. 
Maps and 
Plans, Mis., 
XXXV., 26. 
Legislative 
Records of the 
Council, XX., 
292,411. House 
Journal, 
p. 252a. Ante, 
p. 205, chap. 98. 



ORDER FOR CALLING A TOWN MEETING AT DUNSTABLE. 

The Committee to whom was referr'd the Petition of Ebenezer 
Sherwin & others, Eleazer Tyng Esq'' and others of the Town of 
Dunstable, as also the Petition of M' John Tyng t&c'^ with the Papers 
accompanying the same, having heard the Parties, concerned beg 
Leave to observe that it appears to the Committee that the main 
Ground of the unhappy Controversy subsisting betwixt the Parties, 
is the diversity of their Sentiments touching the most suitable and 
convenient Place for the Meeting House for publick Worshii^ refer'd 
to in the Petition first before mentioned, (which House as yet remain- 
ing unfinished) and that there is as yet no hopeful Prospect of recon- 
ciling their Controversies by settling any lesser Matters of Dispute 
among them: The Committee are therefore humbly of Opinion that 
the Inhabitants of the said Town of Dunstable be assembled some- 
time in the Month of March to chuse Select Men and other needful 
Town Officers, and to agree, if it may be, upon some Place which 
shall be judged most Convenient, where to erect their Meeting House 
aforesaid ; Unless the Place v\'here said House now stands be thought 
most convenient; And the further Consideration of said Petitions 
be referr'd to the next Sitting of this Court : Also that all Proceed- 
ings in the Law against the Constables or Collectors in said Town, 
in said Town,' for his or their past Doings in collecting the Taxes 
last made in said Town, be staid in the mean time ; The Committee 
are further humbly of Opinion that some disinterested Person be 
appointed and authorized by this Court to call a Meeting of the 
Inhabitants of Dunstable for the Purposes aforesaid, and such other 
Purposes as may be mentioned in the Notification to be posted up 
in some publick Place or Places within said Town, setting forth the 
Time, Place and Occasion of such Meeting, at least fourteen days 
before the Time for holding the same: And that the same Person 
who may be authorized to call said Meeting, may by Order of this 
Court be appointed Moderator of said Meeting, and the said Con- 
stables or Collectors proceed no further in collecting said last men- 

* Sic, and underlined in the originaL 



[2d Sess.] Province Laws {Resolves, etc.). — 1754-55. 291 

tioned Taxes : All which is humbly submitted. Per Order of 

the Committee John Hill. 

Eead & Accepted And 

Ordered that Samuel Danforth Esq'" be and hereby is authorized 
and impowered to call a Meeting of the Town [of] ' Dunstable as men- 
tioned in the within Eeport and to be Moderator of the same and all 
Persons concerned are to conform themselves accordingly. {Passed 
February 24. 



CHAPTER 312. 

VOTE IMPOWERING HENRY SWEET, ADM^, WITH OTHERS, TO EXECUTE 

A DEED. 

A Petition of John Sweet of Attleborough, shewing that in the Legislative 
Life time of his Father John Sweet dec'' he purchased of him about couS'ff xx!^^^ 
twenty five Acres of Land lying in said Town, and paid for the same, ^6. Mass. ' 
and the Deed was drawn but thro the Pet" Negligence it was not 246? ^^^®'^'^'' 
signed. Praying that this Court would impower Henry Sweet the Mass! 
Adminisf to execute the said Deed to the Petitioner. :^^'^''i?^^'^^^-' 

p 245. House 

Kead & Joumai, _ 

Voted that the prayer of the Petition be so far granted as that 25^af"^' '^^^' 
Henry Sweet within mentioned be & hereby is Imjjowered in Con- 
juction with the other Children of the S'^ John Sweet Dec'' & with 
the Consent of their Guardians & Husbands make & Execute a Deed 
of the premisses Mentioned in the petition To the petitioner & his 
heirs their Minority Notwithstanding which Deed So made shall be 
sufficient Evidence of the Title of the Petitioner to the Premisses. 
{Passed February 24. 



CHAPTER 313. 

VOTE ALLOWING £3. 8. 6 TO CHARLES GOODRICH AND £2. 10. 6 TO 

ABNER DEWEY. 

A Memorial presented by D' Israel Ashley in behalf of divers Legislative 
Persons in the Western Frontiers who had billeted Connecticut c^unclf ^x*^^ 
Soldiers at the Time of the late Attacks from the Indians, Pray- 4i7. Mas's". '' 
ing that the Charge may be allowed to them, to be paid out of the i^xiT.yilr. 
publick Treasury. Mass 

^e^^ ^ .... ^Ss. 

Voted that the sum of Three pounds eight shillings and six pence House Jour. 
be Allowed & paid out of the publick Treasury to the pet^ & by him nai.PP-24o,246. 
to be paid to the within Mentioned Goodrich & the Sum of Two 
pounds Ten shillings & Six pence to S'' Dewey. {Passed February 25. 

* Inserted from Legislative Records of the Council, xx., 416. 



292 



Province Laws (Besolves, etc.). — 1754-55. [Chaps. 314-316.] 



Legislative 
Records of the 
Council, XX., 
417. Mass. 
Archives, 
xliv., 175, 179. 

Mass. 
Archives, 
xliv., 175-178. 
Legislative 
Records of the 
Council, XX., 
284. House 
Journal, pp. 29, 
30, 31, 64, 112, 
253. 



CHAPTER 314. 

ORDER REFERRING THE PETITION OF MOODY RUSSELL, FOR LEAVE TO 
APPEAL FROM A JUDGMENT. 

The Petition of Moody Eussell of Barnstable humbly Sheweth 

That your Petitioner being Aggrieved by a Judgment of the Court 
of General sessions of the peace holden at Barnstable within and for 
the County of Barnstable In October Last upon the Complaint of 
David Goreham Esq"" For selling Eum Contrary to Law since the 
11*^ day of July Last & before the First of October Prayeth that 
he may have^Liberty of Appeal, etc. 

Eead and 

Ordered that the Consideration of this Petition be further referred 
to the second Tuesday of the next sitting of this Court. [Passed 
February 25. 



Legislative 
Records of the 
Council, XX., 
419. Mass. 
Archives, xiii., 
633. 

Mass. 

Archives, xiii., 
634. House 
Journal, 
pp. 253, 255. 
Love's Fast 
and Thanks- 
giving Days 
of New Eng- 
land, p. 497. 



CHAPTER 315. 

VOTE DESIRING THE GOVERNOR TO APPOINT A PUBLIC FAST. 

The USUAL Time of the anniversary day of Fasting & Prayer 
drawing near, and there being affairs of the utmost importance to 
this & the other British Governm*^ in america, agitating & under 
consideration 

Voted that his Excellency the Gov. be desired with the advice of 
the Council to appoint a Day as soon as conveniently may be, to be 
set apart for Solemn fasting & Prayer for the Divine presence & bless- 
ing in the advancing year & particularly that God would Direct & 
succeed us in our publick, great & important concerns, and that 
all servile Labour & Recreations be strictly forbidden on s** Day.' 
[Passed February 26. 



CHAPTER 316. 



ORDER GRANTING TO DAVID LYNDE LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, XX., 
420. Mass. 
Archives, cxi., 
343. 

House Jour- 
nal, p. 257. 



A Petition of David Lynde of Leicester, shewing that he has 
purchased a Farm in said Town, that his House there is commo- 
diously situated for an Inn, & has been used as an Inn for above 
Twenty Years last past; Therefore Praying that the Court of Gen- 
eral Sessions of the Peace for the County of Worcester may be 
impowered to grant the Petitioner a Licence, to be an Innholder. 

Read & 

Ordered that the prayer of the Petition be granted And that the 
Justices of the Court of General sessions of the peace for the County 
of Worcester at their Next Term be & hereby are Impowered If they 
think fit to Licence the Pef to be an Inholder in the Town of Lieces- 
ter he Obtaining the Approbation of the selectmen of S'^ Town the 
Time for Granting of Licences being Elapsed Notwithstanding. 
[Passed February 26. 

' The fast was appointed for the 20'h March, 1755, and was public. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1754-55. 293 

CHAPTEE 317. 

VOTE ALLOWING £800 FOR BUILDING BARRACKS AT CASTLE WILLIAM. 

Voted That a Sum not exceeding Eight hundred Pounds lawfull Rlfo^'^g^Jf tj^^ 
Money be and hereby is granted for the building of Barracks at council, xx., 
Castle William for the Reception of Soldiers, the said Money to ArchWeY.^" 
be put into the hands of a Committee to be appointed for that ixxiv., 350. 
purpose by the two Houses, which Committee are hereby strictly Legislative 
injoined not to extend the said Works so as to Occasion any further council, xx., 
Charge to this Province in Order to compleat the same and that the journal, p.'^^ss! 
work may be done in the most cheap & expeditious manner, the Com- Ante, p.'_254, 
mittee are directed to give seasonable public Xotice to all workmen ^ ^^' ' °' 
&c of the building of the said Barracks the said Committee to be 
Accountable. \_Passecl February 27. 



CHAPTER 318. 

ORDER FOR ERECTING A BEACON ON THE SPIT OF SAND NEAR THE Legislative 

LIGHT HOUSE. Counclf xi*^^ 

421. Mass. *' 

Ordered That the Committee upon the repairs of the Castle be ^ychives, ixv., 
directed to cause to be erected a Beacon on the Spit of Sand near House Jour- 
the Light-house, in the room of that which was carried away by nai. p- -o9- 

Province 

the late Storm. ^Passed February 27. La-nr8,xiv.,507, 

chap. 252. 



CHAPTER 319. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF SUFFOLK AND ALLOWING £3. 1. 6 FOR THE EXPENSE 
THEREOF. 

The Committee for Letting out to farm the Excise upon Spirit- Legislative 
nous Liquors &c^ in the County of Suffolk, made report that they council, xx., 
had let out the same to Elisha Jones for Two Thousand four hun- frcMv^eYcxx. 
dred & twenty Pounds, & have taken his Bond with Sureties, The 24^ 



Committees Account of Time and Expence in the said Service, Mass. 
amounting to the Sum of £3.1.6. 23^*^ mfuse^^'' 

Eead & S^p.-^e.'''- 

Ordered That this Eeport be Accepted & that the sum of three chap! 1%. 
pounds One shilling & six pence be allowed & paid out of the public 
Treasury to the Com*^^ appointed to farm out the Excise on Spirit- 
uous Liquors &c in the County of Suffolk for their Time t& Expence 
in said Service. \_Fassed February 27. 



294 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 320, 321.] 



Legislative 
Records of the 
Council, XX., 
422. 

House Jour- 
nal, p. 259. 



CHAPTER 320. 

ORDER REFERRING ALL UNFINISHED MATTERS. 

Voted that all Matters lying before this Court, and not pass'd 
on, have the same day at the next Sitting & be referr'd accordingly. 
{Passed February 27. 



CHAPTER 321. 



Mass. 

Archives, 
Ixxiv., 349. 

Legislative 
Records of the 
Council, XX., 
395, 397, 399 bis, 
400 bis, 401, 
402 bis. 



VOTE THAT THE CAPTAIN GENERAL, UPON INFORMATION OF THE IN- 
TENTION OF THE OTHER GOVERNMENTS TO JOIN IN THE PROPOSED 
EXPEDITION AGAINST CROWN POINT, ISSUE HIS PROCLAMATION FOR 
ENLISTING THE TROOPS TO BE FURNISHED BY THIS PROVINCE. 

Voted That upon his Excellency the Governour's being informed 
that the Governments of Connecticut Ehode Island & New Hamp- 
shire consent to the proposed Expedition to Crown-Point, then he 
be desired forthwith to issue his Proclamation for the raising of 
this Provinces Quota of the four thousand Men exclusive of the 
eight hundred men proposed to be raised by New York, depending 
on their bearing their proportion of said Expedition by finding Can- 
non and Warlike Stores Provisions Battoes &c in case that Govern- 
ment don't raise said men ; and upon said proclamations being issued 
the members of this Court are absolved from their Oath of Secrecy 
so far as relates to the said Expedition.' \^Passed February 27. 

^ Not found in the House Journal. 



[3d Sess.] Province Laws {Resolves, etc.). — 1754-55. 295 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-fifth Day of March, A.D. 1755. 



CHAPTER 322. 

VOTE DESIRING THE GOVERNOUR TO REQUEST THE COMMANDERS OF Legislative 
HIS MAJESTY'S SHIPS OF WAR AT NEWFOUNDLAND TO PREVENT THE Records of the 
EXPORTATION OF PROVISIONS TO THE FRENCH. 426^ Mas^^"' 

Arcliives, Ixv., 
81 

Voted that his Excellency y® Governour be desircl to write to y® — ■ 

Commanders of his Maj*^-^ Ships of War & other of his Maj*^'^ Officers naTp^26T^" 
in Newfoundland to restrain as much as in them lies the Exportation La\vs°m sss 
of any Provisions to y° French Settlements in America & to acquaint note. 'Ante,"' 
them with y® Eesolutions of this & y® Neighbouring Governments ler.' 'sufrd, 
on that head. [Passed March 26. chap. 321. 



CHAPTER 323. 

ORDER ADJOURNING THE INFERIOUR COURT OF COMMON PLEAS FOR 
MIDDLESEX COUNTY. 

Whereas the Inferiour Court of Common Pleas for the County Legislative 
of middlesex stands adjourn'd to the first Tuesday in april next; councu^xl!^^ 
and Whereas two of the Justices of said Court will probably be 426. m.iss. ' 
Unable (by reason of Bodily Indisposition) to give their attendance xiiv., 159.' 
thereat at the time mentioned ; and whereas divers Persons concerned House Jour. 
in said Court, are members of the General Court or assembly, & the n^i. pp- 263, 264. 
Importance of the more Publick affairs of the Province now depend- 
ing, demand their attendance on Duty there: 

Therefore 

Order''d that all Suits, Process, Recognizances and other matters 
whatsoever, having Day in the said Court of Common Pleas to be 
holden by adjournment as aforesaid, be & they are hereby Continued 
unto the Inferiour Court of Common Pleas to be holden at Cam- 
bridge, within & for the s*^ County of middlesex on the third Tues- 
day in may next, and shall be then & there heard, tryed & deter- 
mined, and such Tryal & Determination shall be deem'd good & 
effectual in Law, to all Intents & Purposes as if had or made within 
the Town of Charlestown at the adjournment of s*^ Court first before 
mentioned : and the Justices of said Court & all Persons concern'd 
are to conform themselves accordingly. [Passed March 26. 



296 Province Laws {Resolves, etc). — 1754-55. [Chaps. 324, 325.] 



CHAPTEE 324. 

VOTE ACCEPTING REPORT OF COMMITTEE ON THE GOVERNOR'S SPEECH, 
IN REGARD TO THE WESTERN EXPEDITION AND ORDER DIRECTING 
COPIES THEREOF TO BE SENT TO GOVERNMENTS OF CONNECTICUT, 
NEW HAMPSHIRE AND RHODE ISLAND. 

Recordfof the ^^^ REPORT of a Committee of both Houses appointed to take 
Council, XX., under Consideration his Excellency's Sj)eech from the Chair, on 

-^-^ the 25*^ Instant, 

RecordsoTthe The Committee are humbly of Opinion, that His Excellency be 
Counj^ii. XX., desired forthwith to issue his Proclamation to encourage the enlist- 
journai, p. 261. ing the Forces proposed to be raised on the Part of this Province 
diiap'. 32i!^*' for the Western Expedition ; and as nothing has a more probable 
Tendency to promote the Design of said Expedition than engaging 
a great Number of the Indians of the Six Nations therein; The 
Com'^* are further of Opinion that His Excellency be desired to 
write to Col° William Johnson by Express, and to engage him to 
use his utmost Endeavours to secure & prepare for that Service as 
many of those Indians as may be ; and to assure him that the neces- 
sary Charges that may arise therein shall be born, and paid by this 
Province in the same Proportion to the rest of the Governments 
concerned, as the other Charges arising from this Expedition shall 
be determined to be paid. 

And in as much as it doth not yet appear in what Manner the 
Government of New York will make Provision for the Service of 
the Expedition, the Committee are of Opinion that it will be most 
convenient to defer the Procuring of Battoes untill his Excellencys 
Arrival in that Province; and in Case it shall not appear that suffi- 
cient Provision has been made by the Government there for this 
part of the Service, That his Excellency be desired in such Case, 
then to engage in behalf of this Province for its Proportion of said 
Battoes as he shall judge reasonable, & necessary; and to cause the 
same to be provided accordingly. 

The Committee apj)rehending it to be of Importance that the 
Matters foregoing should be forthwith acted upon, thought it proper 
to make this Partial Eeport, and to desire Leave to sit again, and 
to consider and report on the other Matters contained in his Excel- 
lency's Speech ; All which is humbly submitted By Order of 
the Com*®^ J. Osborne. 
Read & Accepted, and thereupon 

Ordered that Copies of this Report be transmitted to the Govern- 
ments of Connecticut, New Hampshire and Rhode Island. \_Passed 
March.26. 



CHAPTEE 325. 

VOTE APPOINTING A COMMITTEE OF WAR ON THE EXPEDITION TO 

THE WESTWARD 

Legislative l^ ye HoUSe of Rep' 

Self, XX , Voted that M^ Speaker M' Welles. ColP Brattle M^ James Bow- 

Archfvel,"" doin Cap* Williams & M^ James Russel w**^ such as y« Hon^^^ Board 
ixxiv., 36-2. ghall Joyn be a Committee on the part of the Goverment to provide 



[3d Sess.] Province Laws {Resolves, etc.). — 1754-55. 297 

for y* Intended Expedition to y® Westward, a sufl&cient quantity of ^^^s. 
Provisions «& "Warlike Stores and other things necessary, and that ixxiv.,362. 
y® Committee in procuring the same give the Preference to the Recorlfonhe 
Inhabitants & the Produce of this Province ^L^^'^h ■ ^^•' 

In Council Read & Concur'd & John Osborne, Jacob Wendell, Journal, p. 264. 
Ezek^ Cheever Jn° Wheelwright Tho« Hutchinson & Sam^ Watts Laws^m., 94i, 
Esq" are joined in the Aifair. \^Passed March 26. note. ' !«)"•«.' 



CHAPTEE 326. 

ORDER IMPO\VERING NATH'- LORING, GUARDIAN, TO EXECUTE A DEED. 

A Petition of Nathaniel Loring of Boston Merch* father & ^^^®|f*'^? ^ 
Guardian of Hannah Loring a Minor, shewing that She is a Pro- Council, xx., 

prietor Avith others, in the Petition named, of the greatest Part — 

of the Lands in the Township of Colrain, otherwise called Boston naTvf 2fr2"'^' 
N° two, that all the rest of the Proprietors have agreed to divide 
their common and undivided Lands, and have accordingly got them 
surveyed and laid out into Lots, praying that the Petitioner as Guar- 
dian to his Daughter may be impowered to join with the other Pro- 
prietors in said Partition, and to execute such Deeds and Instruments 
as may be necessary for confirming the same 

Read and 

07'dered that the Petitioner Nath^ Loring in his Capacity as Guar- 
dian, be and he is hereby impowered in behalf of his Daughter a 
Minor to execute a Divisional Deed, pursuant to the Agreement and 
Partition set forth in said Petition, and that the Partition aforesaid 
shall be as valid and effectual, as if said Daughter was of Age, and 
had executed the same.' \_Passed March 26. 



CHAPTEE 327. 

VOTE IMPOWERING JAMES BOUTENEAU & WILLIAM BOWDOIN, GUAR- 
DIANS, TO SELL LAND AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of James Beautineau & James Bowdoin Esq"" Guar- Legislative 
dians of the Minor Children of Belthazer Bayard, shewing that in councif xx*^^ 
December last ' they petitioned this Court for Liberty to sell divers 42s. Mass. '_ 
Peices of Land belonging to said Minors, (all as they then thought) 273. ^^*^^' ''^'^'' 
lying in the Town of Eastham, but it happens that one of those Mass. 
Peices of Land lyes in the Town of Harwich, therefore praying ^5°*^House^^'' 
that they may be impowered to sell the same. Journal, p. 127 

Voted that y« Prayer of this Petition be granted & that y« Peti- SfpHe-i 
tioners in their s^ Capacity be & are hereby Impowerd to make sale fhlviss'^^' 
of y^ piece of Land mentiond in s*^ Petition to said Nathan Young 
& Execute a good Deed of sale for passing y'' Title of y** same, & 
that y*^ Money arising by s** Sale be let out on Interest for y^ Benefit 

^ The final action on this petition not found in the House Journal. 
^ A mistake, evidently, for 1753. See ante, p. 78, chap. 176. 



298 



Province Laws {Resolves^ etc.). — 1754-55. [Chaps. 328, 329.] 



of their Wards & that the said Guardians give Bond to y^ Judge 
of Probate for y^ County of Suffolk for y'' faithfull Performance of 
their Trust as Guardians. \^Passed March 26, 



CHAPTER 328. 



Legislative 
Records of the 
Council, XX., 
429. Mass. 
Archives, 
Ixxiv., 353. 

Mass. 
Archives, 
Ixxiv., 3.133. 
House Jour- 
nal, p. 263. 



ORDER ALLOWING £7. 12 TO JACOB TUBES. 

A Petition of Jacob Tobbs of Pembrook setting forth the Charge 
he has been at in the Maintenance of Josiah Mead a disabled and 
indigent old Soldier, and a Pensioner of this Government, and pray- 
ing that his Charge may be allowed out of the publick Treasury. 

[Eead and] 

Ordered that y® Petitioner Jacob Tubbs shall receive out of y® 
Province Treasury Seven pounds twelve shillings in full discharge 
of his Demand for boarding & lodging Josiah Meades. thirty Eight 
Weekes.' [Passed March 27. 



CHAPTER 329. 



ORDER IMPOWERING JOHN HOAR, ADM», TO SELL LAND AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, XX., 
429. Mass. 
Archives, xix., 
244. 

Mass. 

Archives, xix., 
243. House 
Journal, 
pp. 224, 262, 263. 



A Petition of Margaret Stratton Widow of Jabez Stratton late 
of Lincoln Dec*^ and John Hoar Administrator and others, shewing 
that the Personal Estate is insufficient to pay the Debts, and the 
Widow in an infirm & languishing Condition; Praying that the 
Eeal Estate may be sold, the Debts paid out of the Produce, and 
the Widows Dower put into the Hands of suitable Trustees, and 
She releived out of it as her Circumstances may require. 

Eead »& 

Orderd that y*^ Prayer of this Petition be so far granted that y® 
s'^ John Hoar'^ in his Capacity as Administrator be Impower'd to 
make Sale of all y® real Estate w^ the said Jabez died seized & pos- 
sess'd of & to make & Execute a good Deed or Deeds for conveying 
the same to such Person or Persons that will give most for it. he to 
observe y^ Directions in the Law for y'^ sale of Eeal Estates. & that 
one third part of y® proceeds of such sale be allotted to y* said 
Widow during her Naturall Life she giving Bond to y^ Judge of 
Probate for the County of Middlesex w*'' sufficient Surety that y" 
said third part shall at her Decease return to y" Lawfull Heirs of 
y" said Jabez & that the said John Hoar be Accountable to y" Judge 
of Probate for the other two thirds. \_Passed March 27. 

1 Final action on this petition not found in the House Journal. 
* The House Journal, p. 263, reads, ^^ John Starr." 



[3d Sess.] Province Laws [Besolves, etc.). — 1754-55. 299 



CHAPTEE 330. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
DUNCAN CAMPBELL TO SET OFF ONE JUDGEMENT AGAINST ANOTHER. 

A Petition of Duncan Campbell of Oxford, shewing that not- Legislative 
withstanding he had fully paid off a Bond he had given to Elisha councif, xx!|^^ 
Putnam, yet the said Putnam's Receipts not being endorsed on the ^rchwes^^" 
Bond, Putnam assigned over the Bond to David Hall who has recov- xiiv., i62.' 
ered Judgment against the Petitioner, and the Petition"" has Judg- Mass. 
ment against the said Putnam ; Praying that the Sheriff of the County xHv';"I|^; 
of Worcester, may be ordered by this Court to set one Judgment House Jour, 
against the other, and Execution against the Petitioner be staid in '^" ^' 
the mean time. 

Read & 

Orderd that y'^ Petitioner serve y^ adverse Party David Hall with 
a Coppy of this Petition that he shew Cause (if any he have) on 
yfi ^th Qf ^/^pi-ii next if y^ Court is then sitting, if not, on y*" Second 
Fryday of y*" next Sitting of y" Court in may, why the Prayer thereof 
should not be granted & that Execution be staid in y^ mean time, 
he s'' Campbell giveing Security to y^ sheriff of y" County of Worces- 
ter to pay all Damages that may be Sustaind by means of this Delay. 
{Passed March 28. 



CHAPTEE 331. 

VOTE IN REGARD TO THE PROVINCE TAX IN THE TOWNS OF STOUGH- 
TON AND WRENTHAM, HALIFAX AND PEMBROKE. 

Voted that for the future the sum of five shillings & Ten pence Mass. 
for Each Thousand pounds be taken from the Town of Stoughtons ^^yn^'^fl; • 
proportion of the province Tax And be Added to the Town of Wren- House Jour — 
tham And also in the Next j)rovince Tax the Town of Stoughton nai, pp. 219, 266. 
be Abated five pounds three shillings & Ten pence and that S'' Sum 4lp! 145!^^' 
be Added to S'^ Wrenthams province Tax 

Also that for the future there be taken from the Town of Halli- 
fax proportion of the province Tax fifteen pence for each Thousand 
pounds & Added to the Town of Pembrook And Also in the Next 
province Tax the Town of Hallifax be Abated One pound two shil- 
lings & two pence & that S*" Sum be added to S'^ Pembrook prov- 
ince Tax. {Passed March 28. 



CHAPTEE 332. 

ORDER ALLOWING 18/ OVER AND ABOVE THE BOUNTY, TO EACH SOL- 
DIER ENLISTING FOR THE EXPEDITION WESTWARD. 

Ordered that there be allow'd and paid out of the Publick Treas- Legislative 
ury Unto Each able Bodied Effective Non Commission Officer & ^oS^ xx!^^ 
Private Soldier who shall Inlist in the Expedition Westward the 43i. Mass. '' 
Sum of Eighteen Shillings Over & above the Bounty already Granted i^I^v.Htt. 



300 



Province Laws (Besolves, etc.). — 1754-55. [Chaps. 333-335.] 



Mass. 
Archives, 
Ixxiv., 374-376. 
Legislative 
Records of the 
Council, XX., 
430. House 
Journal, p. 267. 
Ante, p. 296, 
chap. 324. 



to be paid upon his Inlisting, & In Case he appear upon Muster, with- 
out Sufficient Fire Arms S*^ Sum to be deducted out of his Wages. 
And that the wages & Subsistance of S*^ Non-Commission Officers 
& Soldiers shall Commence at their Arrival at the Place of Eendez- 
vouz within this Province with a proper additional Allowance for 
Travel to the Place of Eendezvouz, And that his Excellency the 
Captain General be desired to Give Assurance to S*^ Soldiers that 
they shall not be sent upon any service to the Southward of Albany 
and be discharg'd in Eight Months from their being first Muster'd 
and that his Excellency Tje desir'd to Issue his proclamation Accord- 
ingly. [Passed March 29. 



CHAPTER 333. 



Legislative 
Records of the 
Council, XX., 
431. Mass. 
Archives, 
Ixxiv., 373. 

House .Jour- 
nal, p. 269. 
Ante, p. 294, 
chap. 321. 



ORDER ALLOWING ADVANCE PAY TO THE SOLDIERS OF THE CROWN 
POINT EXPEDITION. 

Ordered as a farther encouragement to Able bodied & Effective 
men to engage in the Expedition to Crown point that Each Non 
Commission Officer & private soldier shall receive One Months Ad- 
vance pay upon the first Muster. [Passed March 29. 



Legislative 
Records of the 
Council, XX., 
432. Mass. 
Archives, 
Ixxiv., 371. 

Legislative 
Records of the 
Council, XX., 
401. House 
Journal, p. 269. 
Province 
Laws, iii., 942, 
note. Supra, 
chap. 333. 



CHAPTEE 334. 

VOTE DESIRING THE CAPTAIN GENERAL TO ENLIST 300 ADDITIONAL 
MEN FOR THE CROWN POINT EXPEDITION. 

Voted that his Excellency the Cap* Gen' be desired to Inlist Three 
Hundred Able bodied Effective men for the Expedition to Crown 
Point In Addition to the Twelve Hundred Already granted And 
that they shall have the same Bounty & Wages in all Eespects as 
those heretofore Ordered. [Passed March 29. 



CHAPTER 335. 



Mass. 

Archives, vi., 
196a. 

House Jour- 
nal, p. 271. 
Ante, p. 296, 
chaps. 324, 325. 



VOTE IMPOWERING THE COMMITTEE OF WAR TO APPOINT PERSONS 
TO CONFER WITH PERSONS APPOINTED BY ANY OF THE GOVERN- 
MENTS IN REGARD TO THE WESTERN EXPEDITION. 

Voted that the Committee of War be & hereby are authorized 
& impowered to appoint one or more persons to meet with such 
person or persons as may be appointed by all or any of the Govern- 
ments concerned in the Western Expedition & to settle and deter- 
mine what stores may be necessary to be provided by this & the 
other Governments respectively for the service of said Expedition. 
[Passed March 29. 



[3d Sess.] Province Laws {Resolves, etc.). — 1754-55. 301 



CHAPTER 336. 

ORDER SETTING OFF JOHN LITTLEHALE AND OTHERS WITH THEIR 
ESTATES FROM DRACUT TO DUNSTABLE. 

The Petition of us the Subscribers humbly Shew that we have Legislative 
Four Hundred acres of Land in Dracut with Three Houses erected councif xx!^^ 
on the same adjoyning to the Town of Dunstable which said Lands ^4. Mass. ' 
is five & a Half Miles distance from Dracut Meeting House and but 491. ' "' 
about Two Miles from a House building in Dunstable for the Pub- Mass. 
lick Worship of God; which will be very inconvenent for us to ^o'^'^House^*' 
Attend the Publick Worship of God at Dracut aforesaid your Journal, 
Petitioners therefore humbly Pray your Excellency & Honours that ^*^' 
our said Lands may be annexed to the said Town of Dunstable, and 
your Pet" as in Duty bound Shall ever pray &c 

John Littlehale, 
Abraham Littlehale 

his 

James x Littlehale 

marke 

Eead and it appearing that the Town of Dracut had been served 
with a Copy of this Petition ' and have made no Answer thereto 
Therefore 

Ordered that the Prayer of the Petition be granted and the Peti- 
tioners with their Estates mentioned in the Petition be and hereby 
are set off from the Town of Dracut and and * annexed to the Town 
of Dunstable there to do Duty and receive Priviledge accordingly 
Provided the Petitioners pay the Taxes already laid on them by 
the Town of Dracut. \^Passed April 22. 



CHAPTER 337. 

ORDER ALLOWING £443. 10. 5 TO JOHN WHEELWRIGHT COMMISSARY 

GEN^-. 

An Accompt presented by John Wheelwright Esq^ Commissary Legislative 
General of his Disbursem*^ for the Purchase of Provisions, Cloath- councif xx!*^* 
ing and other Stores for the Forces & Garrisons in the Service of 434. 
the Province, and of his Receipts of Moneys out of the publick House Jour- 
Treasury, Ending in May 1754, Ballance whereof due to the said "fJ-PP-i^^.ais, 
Commissary General the Sum of is £443.10.5. Read & 

Ordered that there be allowed and paid out of the publick Treas- 
ury to John Wheelwright Esq"" Commissary General the Sum of Four 
hundred & forty three Pounds, ten Shillings & five pence, in full 
Discharge of the above Acco*. [^Passed April 22. 

* The petition has not been found in Legislative Records of the Council ; it is taken 
from Mass. Archives. 
2 Sic. 



302 



Province Laws {Besolves, etc.), — 1754-55. [Chaps. 338-340.] 



CHAPTEE 338. 



ORDER ACCEPTING THE SPECIES ACCOUNT OF THE COMMISS^' GENERAL. 



Legislative 
Records of the 
Council, XX., 
434. 

House Jour- 
nal, p. 91. 
Supra, chap. 
337. 



An Accompt presented by John Wheelwright Esq"" Commissary 
General of the several Species of Provisions, by him purchased for 
the Forces and Garrisons, and the Expence thereof in the Service, 
and the Ballance remaining in his Hands. 

Eead & 

Ordered that John Wheelwright Esq'' Commissary General be 
further accountable for One hundred & eighty three Barrells of 
Pork; Two ' hundred & twenty two and % Bushells of Pease in his 
next Acco* of Sj)ecie. [Passed April 22. 



CHAPTER 339. 



ORDER ACCEPTING THE ACCO^ OF INDIAN TRADE. 



Legislative 
Records of the 
Council, XX., 
434. Mass. 
Archives, 
ccxlviii., 655. 

Mass. 
Archives, 
ccxlviii., 642. 
House Jour- 
nal, p. 92. 



An Accompt presented by John Wheelwright Esq"^ of Goods by 
him purchased for the Indian Trade & Furrs, and other Things 
received in Exchange the last Year, Stock in his Hands being 
£35,056.18.11 Old Tenor. 

Ordered that John Wheelwright Esq'' the Officer for managing 
the Indian Trade be further accountable for the Sum of Thirty five 
thousand and fifty Six pounds, 8/11'' Old Tenor. {Passed April 22. 



CHAPTEE 340. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
ARCHIB» GREENFIELD. 



Legislative 
Records of the 
Council, XX., 
435. Mass. 
Archives, 
xliv., 128. 

Mass. 
Archives, 
xliv., 126. 
House Jour- 
nal, pp. 242, 276. 
Ante, p. 280, 
Chap. 286. 



A Petition of Archibald Greenfield shewing that by Eeason of 
the late great Storm of Snow he was hindred from seasonably serv- 
ing William Mayberry with a Copy of his Petition, according to the 
Order of Court in. February last. Praying that said Pet" may be con- 
tinued to the next Session and then considered, & Execution stayed 
in the mean time: 

Eead and 

Ordered that the Pef^ serve the Adverse Party with a Copy of this 
Pet"" that he shew Cause (if any he have) on the second Wednes- 
day, of the Next May Session why the Prayer thereof should not 
be granted & that Execution be stayed in the mean time Provided 
the Pef give sufficient Security to the Sheriff of the County of 
Essex to pay what now is or finally may be Adjudg*^ due. [Passed 
April 28. 

^ The House Journal, p. 91, reads, "four." 

^ Legislative Records of the Council, xx., 435, reads, " eighteen Shillings." 



[3d Sess.] Province Laws {Resolves, etc.). — 1754-55. 303 



CHAPTER 341. 

ORDER GRANTING TO TIM'^ TAYLOR LICENCE TO KEEP AN INN. 

A Petition of Timothy Taylor of Medfield,' shewing that he is Legislative 
removed into a House there, which for more than Thirty years past, councif, xx!*^^ 
has been licenced as a Tavern, Prayins: that the Court of General 435. Mass. ' 

• A.rcliiVGS CXI 

Sessions of the Peace for the County of Middlesex, may be impow- 34s. ' ' " 
ered at their next Session to grant him a Licence. Mass. 

T?pqfl I'Jr Archives, cxi., 

Ordered that the prayer of the pet° be granted & that the Jus- Journal, p. 275. 
tices of the Courts of General sessions of the peace for the County 
of Middlesex be & hereby are Impowered (if they think fit) to 
Licence the pef to be an Inholder in the Town of Medford he 
Obtaining the approbation of the selectmen of S*^ Town the time 
for granting of Licences being Elapsed Notwithstanding. \_Passed 
April 23. 

CHAPTER 342. 

ORDER GRANTING TO JOSEPH PEIRCE LICENCE TO KEEP AN INN. 

A Petition of Joseph Peirce, shewing that he has purchased Refords'of the 
a House in Woburn, well accomodated for an Inn, and which has Council, xx., 
been used as such for divers Years past, Praying that the Court of ArcM^ves.^cxi., 

General Sessions of the Peace for the County of Middlesex, may ^_^ 

be impowered to grant him a Licence at their next Term. House Jour- 

Ordered that the prayer of the Petition be so far granted as that 
the Justices of the Courts of General Sessions of the peace for the 
County of Middlesex at their Next Term be & hereby are Imjjowered 
if they see fit to Licence the pef to be an Inholder in the Town 
of Woburn he Obtaining the Approbation of the Select men of S*^ 
Town the time for granting of Licences being elapsed Notwith- 
standing. [^Passed April 23. 



CHAPTER 343. 

ORDER IMPOWERING EDW» AUGUSTUS HOLYOKE, GUARDIAN, TO JOIN 
WITH OTHERS IN SELLING REAL ESTATE. 

A Petition of Edward Augustus Holioke, Guardian to Anna Legislative 
«& Priscella Holioke, (Daughters of the Rev'i M^ Edward Holioke, ^^S° co", xx!!"* 
Presid* of Harvard Colledge,) Minors, shewing that they are inter- ^6. Mass. ' 
ested (with others) in a small House & Land, in Ipswich, which is 289. ' ' " 
uncapable of being divided, without great Prejudice, Praying that Mass. 
he may be impowered in behalf of the said Minors, to join with ^g*''^ House''"'" 
the rest of the Proprietors in the Sale of the said Estate : journal, p. 277. 

Read, and 

Ordefd that the Prayer of the within Petition be granted, and 
that the Petitioner in his Capacity as Guardian of the minors in 
said Petition mentioned, be, & he is hereby authoriz'd & impower'd 

* The House Journal, p. 275, reads, " Medford." 



304. 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 344-346.] 



to joyn with the other Persons interested in the Building & Lands 
mentioned in making Sale of the same, and to execute a good & 
sufficient Deed or Deeds of Conveyance thereof: The said minors 
proportion of the Proceeds of such Sale to be let out at Interest, 
or otherwise improv'd for their greatest Benefit: The said Guardian 
to he accountable to the Judge of Probate for the County of Mid- 
dlesex for the Principal Sum & the Interest arising therefrom, (with 
the application thereof), when thereunto lawfully required. \_Passed 
April 23. 



CHAPTEE 344. 



VOTE OMITTING TAXES ON DOGS IN BEVERLY. 



Legislative 
Records of the 
Council, XX., 
436. Mass. 
Archives, i., 
282. 

Mass. 

Archives, i., 
281. House 
Journal, 
pp.274, 275. 
Province 
Laws, iii., 7.56, 
chap. 8 ; 817, 
note. 



Whereas the Inhabitants of the Town of Beverly, being of 
Opinion that the Destruction of their Sheep of late years, was 
"occasioned more by Wolves than unruly Dogs, have made Applica- 
tion to this Court that the Operation of the Act pass'd in the last 
May Session relating to such Dogs might be suspended, therefore 

Voted 

That the respective Assessors of the Town of Beverly for the 
years 1755 & 1756 be & hereby are required in the making the 
assessments of s** Years respectively to omit taxing any persons in 
Consequence of the afores"^ Act. \^Passed April 23. 



CHAPTEE 345. 



VOTE FOR AN ADDIT'- BOUNTY TO THE SOLDIERS FOR THE CROWN 
POINT EXPEDITION. 



Legislative 
Records of the 
Council, XX., 
436. Mass. 
Archives, 
Ixxiv., 396. 

Legislative 
Records of the 
Council, XX., 
435,436. House 
Journal, 
pp. 280, 281. 
Ante, p. 300, 
Chap. 333; 



Voted that as a further encouragement to the Non Commission 
Officers & Soldiers that Inlist to go in the Expedition to Crown 
point that Six dollars Shall be paid to each able bodied Effective 
man that Shall provide him self Sufficient firearms (to be inclu- 
sive of that already granted by the Government) viz : four dollars 
at the time of Inlisting & the other two upon their Muster & pro- 
ducing their fire Arms And that their pay commence at the time 
they have or may Inlist & their Subsistance at the time of their 
Marching from their Habitations to the place of rendezvous and 
that no deduction be made out of their Wages for any of the dol- 
lars they may receive and that the Commander in Chief be desired 
forthwith to make the Same publick. [^Passed April 24. 



CHAPTEE 346. 

ORDER IN REGARD TO THE DISTRIBUTION OF THE PRINTED BOOK OF 
TEMPORARY LAWS. 



Recordfofthe Ordered that the printer employed to Print the Temporary Laws 
Council, XX., be directed at the Charge of the Government to Deliver One to 
each Member of the General Court One to Each Town & District 



437. Mass. 



[3d Sess.] Province Laws {Resolves, etc.). — 1754-55. 305 

in the Province One to the Clerk of the Snperiour Court & One to ^j^cwves, 
Each of the Clerks of the Courts in the Several Counties in the tUl::-^ — . 
province for their Use. [Passed Ajiril 24. iiai"p. 280^" 



CTTA"pmTp~p Q17 Legislative 

•tlii-X 1 -Ci -K 0±i. Records of tlie 

Council, XX., 
437. Mass. 

ORDER FOR REPAIRING THE PLATFORMS AT CASTLE WILLIAM. Archives, 

Ixxiv., 395. 



Ordered that the Committee for the Repairs of Castle "William Records"of^the 
be directed as Soon as may be to make the Necessary repairs of the ^g'^^'^^ '''^^'' 
Platforms there & if they think fit to repair part of them with Flat- Journal, p. 279. 
stones. [Passed April 24. Laws,''xfv.,507, 

chap. 252. 



CHAPTEK 348. 

ORDER SETTING OFF DIVERS INHABITANTS AND THEIR ESTATES FROM 
CHELMSFORD TO DUNSTABLE. 

A Petition of Jonathan Tyng, Willard Hall jun"" and John Legislative 
Alford Tyng shewing that they are Owners of a Tract of Land councff, xx.^^ 
in the Town of Chelmsford consisting of Three hundred & thirty 2i)2,437.' Mass. 

Arcliivcs 

Acres, "whereon they have erected two Houses, and are about to cxvi., 751'. 
build a third ; which Land is between five & six Miles distant from Mass. 
Chelmsford Meeting House, & but about a Mile & an half & two ^xvi!!744l7oo. 
Miles from Dunstable Meeting House, now building, praying that House Jour-_ 
the said Land, and the Inhabitants thereon may be sett off to the 277,' 278'. ''°'^* 
Town of Dunstable; 

The Committee appointed on .the Petition of Jonathan Tyng, 
Willard Hall jun'' and John Alford Tyng, have met, heard the 
Parties, considered the Pet° and the Answers thereto; and are of 
the Opinion that the Prayer of the Pet"^ be granted ; and that the 
Land petitioned for, and the Inhabitants thereon be set off from 
the Town of Chelmsford & be annex'd to the Town of Dunstable, 
there to do Duty & receive Priviledge: 

All which is humbly submitted. 

Per Order, Eleazer Porter. 

Eead & 

Ordered that this Eeport be Accepted, & that the Lands therein 
mentioned be annexed to the Town of Dunstable accordingly. 
[Passed April 24. 



CHAPTEE 349. 

ORDER FOR THE TRANSFER OF SUNDRY APPROPRIATIONS. 

Ordered that there be a Transfer made of Four hundred Pounds Legislative 
from the Appropriation of Forts & Garrisons to the Appropriation counc*if,xi!,^^ 
for Pay of the Court; and also from the said Appropriation the 437. 
Sum of Four hundred & fifty Pounds to that of Debts where there House Jour- 

•^ nal, p. 278. 



306 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 350, 351.] 



LawsTif 790 ^^ ^^ Establishment ; and also from the same Appropriation to that 
chap. 17.'' ' for Payment of the Soldiers, the Sum of Two hundred & seventy 
Pounds nine shillings and nine pence, and that the Treasurer con- 
form himself accordingly. \_Passed Ajyril 24. 



CHAPTEE 350. 

ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO PREVENT 
THE SPREAD<^ OF SMALL POX. 

Legislative t^ nomicil 

Records of the v^uuiiuii 

Council, XX., There being one Man sick of the small Pox on board A Yessell 
Archives, ^^^' arrived from Jamacia now lying in Nantasket Ehode ; And it being 
325^^^"'' ^^^' of great Importance (more especially at this Juncture) that the said 
House Jour — Distemper should be prevented from Spreading and whereas it may 
iiai,pp.278,28i. be necessary for this Court to give some special Orders on this 
Occasion 

Ordered that Benjamin Lynde and John Chandler Esq" with such 
as the Hon''''' House shall Join be a Committee to consider what may 
be proper for this Court to do thereon 
In the House of Rep 
Read & Concurred & M' Speaker M'' Tyng & Col Hale ^ are Joined 
in the Affair 

The Committee on the annexed Order having made Inquiry of 
the Select men of Boston, & others. Whether some convenient 
Place could not be obtained for the Reception of the Person sick 
of the Small Pox ; and no such Place being to be had, nor can the 
sick Man, without great Damage to the Vessel be kept on board; 
and being also informed that other Vessels are Daily expected from 
Jamaica, by whom there may be the like Distemper; It is therefore 
proposed that the Commanding Officer of the Forces lodged at the 
publick Hospital, be desired forthwith to remove the Men placed 
there, that so the infected Person, and such other Persons or Goods 
as are likely to spread the Infection, may be there received, and 
taken Care of. Per Order of the Com'"" Benj^ Lynde. 

Read & 
Ordered that this Report be Accepted. \^Passed April 24. 



CHAPTEE 351. 

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

R^^*rdfof%he ^ PETITION of Josiah Barker, Guardian of John Dwelle of Scit- 
Councif.xx., uate a Minor, shewing that his personal Estate, and the Income of 
Archives?kix., the Real, is insufficient for his Maintenance, therefore Praying for 
277. Liberty to sell the Real Estate consisting of fourteen Acres & an 

Mass. . half of Pasture Land, lying in Scituate, 

Archives, xix., -n. i c> 7 ./ o 

276. House Read & 

1 Legislative Records of the Council gives "Col" Choat" as a member of this com- 
mittee in place of Col. Hale, who, according to Mass. Archives and the House Journal, 
was appointed. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1754-55. 307 

Ordered that the prayer of the petition be granted and that the Journal, _ 
Said Josiah Barker be and hereby is (In his Capacity) Impowered provmce ^' 
to make Sale of the whole of Said Fourteen Acrees and a half of ^,fa"'^'jjj-' ^^^' 
Pastor Land in this Petition Mentioned for the most the Same will 
Fetch, and to Execute a Good Deed or Deeds thereof Provided the 
Petitioner observe the Directions of the Law for the Sale of Eeal 
Estates and giveing Sufficient Caution to the Judge of Probate for 
the County of Plymouth, that the Proceeds ariseing by Said Sale 
be applied to the payment of the Debts of the Said Minor and that 
the Remainder be put out on Interest for the Benefit of the Said 
Minor. \_Passed April 24. 



CHAPTER 352. 

VOTE IMPOWERING JEREM" FINNEY JR., AND DEBORAH HIS WIFE, 
TO SELL REAL ESTATE. 

A Petition of Jeremiah Finney & Deborah his Wife, shewing Legislative 
that they have now an Opportunity of selling to Advantage Thir- councff, xl!,*^^ 
teen Acres of Upland & Meadow belonging to the said l3eborah, 43s. Mass. 
and lying in the Town of Duxbury; but the said Deborah being xivi., 399'. 
under Age cannot give a Title to said Land, Praying this Court House Jour, 
would enable the Pet" to sell the said Land, notwithstanding the »ai. pp- 275,276. 
said Disability. 

[Eead and] 

Voted that the prayer of the petition be granted & that the s*^ 
Jeremeah Fenny junr & Deborah his wife be & hereby are fully 
authorised & impowered to make sale of the s*^ thirteen acres of land 
& execute a deed of the same & that s'^ deed executed as afores'^ shall 
to all intents & puposes whatsoever be as valid in Law as if the s*^ 
Deborah had been of the full age of one & twenty. \Passed April 24. 



CHAPTER 353. 

VOTE IMPOWERING EBENEZER FULLER, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Ebenezer Fuller Guardian of John Eaton of ^^^^^^'i^*^^? 
Halifax a Person Non Compos, shewing the Necessity of selling council, xx., 
some of his Eeal Estate for paying Debts contracted before the Pef ArcMv&s^^iix. 
had Charge of him, and for as much as the dividing the Estate will 270. 
be a great Iniury, therefore praying for Liberty to sell the whole. House Jour- 

T?Qorl <^ nal, pp. 275,280. 

x\,t!ciu Ot- Province 

Voted that the prayer of the petition be granted & that the Peti- JjfaT'io*'^^^' 
tioner be & hereby is Impowered to Sell the whole of S*^ Eatons Real 
Estate Mentioned in the petition for the most it will fetch And to 
make & Execute a good and Sufficient Deed or Deeds in the Law 
Provided the s** Guardian Duly observe the rules of the Province 
Law Respecting the Sale of Intestate Estates And give sufficient 
Caution to the Judge of Probate for the County of Plymouth that 
the proceeds coming by S"^ Sale be Apply'd for the payment of the 



308 



Province Laws {Resolves, etc.) . — 1754-55. [Chaps. 354, 355.] 



Just debts of S*^ Eaton & the remainder thereof improved to the 
best Advantage for the Use & benefit of the s*^ lEaton »& his heirs. 
\_Passed April 24. 

CHAPTEE 354. 



Legislative 
Records of the 
Council, XX., 
439. Maes. 
Archives, 
xxxii., 608. 

Mass. 
Archives, 
xxxii., 607. 
House Jour- 
nal, p. 197 
(January, 
1746) ; pp. 276, 
280. Ante, 
p. 110, chap. 
256. 



VOTE IMPOWERING SAM^- & ELIZABETH LAWRENCE, INDIANS, TO SELL 
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 

A Petition of Samuel Lawrence and Elizabeth his "Wife, setting 
forth the great Charges they have been put to by Keason of Sick- 
ness in their Family ; which they are not able to pay without selling 
some of their Land; and Paying for Liberty to sell Thirty Acres of 
Land mentioned in the Petition, for that End & for other Uses. 

[Read and] 

Voted that the prayer of the Petition be Granted, So far as that 
the Petitioners: have Liberty to make Sale of the (33 acres of) Land 
mentioned in the Petition with the assistance and under the Special 
Direction of their Guardians : and that the Proceeds, Comeing thereby 
be also under the Care of the Said Guardians apply*^ to Defrey the 
Charge of their Late Sickness and purchase of Lands, mentioned 
in Said Petition with other Just Debts: and the residue if any there 
be to be Improued by the Said Indians Guardians for the Bennefit 
of the Petitioners They the Said Guardians to be accountable. 

[^Passed April 24. 



CHAPTER 355. 



Legislative 
Records of the 
Council, XX., 

439. Mass. 
Archives, 
Ixxiv., 400. 

Mass. 
Archives, 
Ixxiv., 400. 
Legislative 
Records of the 
Council, XX., 
430,434. House 
Journal , 
pp. 269, 270, 271, 
273, 274, 283, 284. 



VOTE FOR ENCOURAGING VOLUNTIERS AGAINST THE S^ FRANCOIS 

INDIANS. 

The Committee appointed to consider & report what may be 
proper to be done by this Government to encourage Persons to go 
forth against the Indians of the &*■ Francois Tribe, as also to con- 
sider the Petition of Isaac Waldron: are humbly of opinion that 
for the Encouragement of such an Enterprize, an allowance be 
made to a competent Number of Men, not exceeding two Hundred, 
(including Officers, to be Commissioned by the Captain General,) 
as follows — namely, to Each, one Blanket, needfull ammunition, & 
Bfead sufficient for fifty Days, — from the beginning of their March- 
ing forth; and that the allowance for every Captive (that shall be 
taken & brought to Boston) belonging to that Tribe or y^ Becken- 
coves, be Seventy five Pounds; and for every Indian Seal]) of those 
Tribes (or any Other, that in a hostile manner shall oppose them 
in such their Undertaking) Seventy Pounds; to be paid out of the 
Publick Treasury, by order from the Governour & Council: That 
when the said Company shall have been compleated, & the officers 
duly appointed; the CoiTiisary General shall Deliver the Blankets, 
ammunition & Bread aforesaid, to the Captain (or his order) ; such 
Captain first given ' Bond to the Province Treasurer (for the Use 
of the Province), in a Sum (double in value, to the articles so 
deliver'd) that in case He & his Company shall not forthwith, (or 
as soon as conveniently may be) bond Fide proceed to S* Francois, 
& use their best Endeavours that the proposed Enterprize be carried 

1 Sic. 



[3d Sess.] PRO\^NCE Laws (Hesolves, etc.). — 1754-55. 309 

into Execution against the Indian Enemy of that Tribe ; and his 
Endeavours for preventing his ComjDany from diverting from that 
undertaking whereby the Designs & Expectation of this Govern- 
ment should be frustrated That then & in such case he shall forfeit 
& pay to the Province Treasurer for the Use of the Province the 
full value of the several articles mentioned that shall be delivered 
him (or Order) as aforesaid. 

Which is submitted 

p Order Samuel Danforth 

Read & thereupon 

Voted that an Allowance be made to a Competent Number of 
Men, including Officers to be commissioned by the Captain Gen- 
eral that shall go forth against the Indians of the S' Francois 
Tribe, as follows, viz'^ to each. One Blanket, needful Ammunition, 
thirty Weight of Bread & one Dollar: And that the Allow- 

ance for every Captive that shall be taken & brought to Boston, 
belonging to that Tribe, or the Becancours be Seventy five Pounds ; 
And for every Indian Scalp of those Tribes, or any other that in 
an hostile Manner shall resist them at or nigh the S*' Francois or 
Becancour Settlement, in such their Undertaking ; the Sum of Sev- 
enty Pounds to be paid out of the publick Treasury by Order from 
the Gov"^ & Council; That when the said Company shall be 

compleated, and the Officers duly appointed, the Commissary Gen- 
eral shall deliver the Blankets, Ammunition, Bread & Dollars afore- 
said, to the Captain or his Order, the said Captain first giving Bond 
to the Province Treasurer for the Use of the Province, in a Sum 
double in Value to the Articles so delivered. That in Case he and 
his Company shall not forthwith or as soon as conveniently may be, 
bona Fide, proceed to S* Francois, unless inevitably prevented, & 
use their best Endeavours that the proposed Enterprize be carried 
into Execution ag^' the Indian Enemy of those Tribes; and his 
Endeavours for preventing his Company from diverting from that 
Undertaking, whereby the Desires & Expectations of this Govern- 
ment should be frustrated, that then and in such Case he shall 
forfiet & pay to the Province Treasurer for the Use of the Prov- 
ince the Value of the several Articles mentioned that shall be deliv- 
ered him or Order as aforesaid. [Passed April 25. 



CHAPTEK 356. 

ORDER IMPOWERING ABIAH WHITMAN, GUARDIAN, TO SELL LANDS 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Abiah Whitman, Guardian to Sarah Eichards of i^^'^lf"^?.^ 
Weymouth a Minor, shewing that the Circumstances of the Real council, xx., 
Estate left her by her Father Ephraim Richards are such as render Archi^es^xix., 

it necessary that it should be sold ; therefore Praying for Liberty to -J± 

sell the same accordingly. Mass. 

-D„ -1 o ° "^ Archives, xix., 

Keaa & 274. House 

Ordered that the prayer of the petition be so far granted as that pp'^^f^j^gj^ 
the Pef in his Capacity as Guardian to Sarah Richards be & hereby Province 
is Impowered to make Sale of the Lands Mentioned in the Pet" he chapf'io.'' ' 
to Observe the directions of the Law for the Sale of real Estates 
& give sufficient Caution to the Judge of Probates for the County 
of Suffolk that the proceeds of S*^ Sale be let out on Interest & that 



310 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 357, 358.] 



both principal & Interest be paid to her or her Legal representative 
when she shall Arrive to the Age of twenty one Years Excepting so 
much as shall be Necessarily Expended on the s*^ Sarah in her Minor- 
ity & Allowed by the Judge of Probate for s*^ County. \^Passed 
April 25. 



Legislative 
Records of the 
Council, XX., 
442. Mass. 
Archives, cxx., 
35^ 

House Jour- 
nal, p. 282. 
Ante, p. 243, 
Chap. 189. 



CHAPTER 357. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF BRISTOL AND ALLOWING £1. 4. 8 FOR THE EXPENSE 
THEREOF. 

The Committee for letting out to farm the Excise upon strong 
Liquors &c'* in the County of Bristol, reported that they had let 
out the same to Capt Joseph Josslyn of Hanover for the Sum of 
£168 and taken his Bond with Sureties, and lodged it with the 
Province Treasurer, their Acco* of Charge being £1.4.8. 

Eead & 

Ordered that the Above Eeport be Accepted and that there be 
Allowed & paid out of the Publick Treasury to the S*^ Committee 
the Sum of One pound 4/8 in full of their Ace'. \Passed April 25.^ 



Legislattve 
Records of the 
Council, XX., 

440. Mass. 
Archives, 
xliv., 163. 

House Jour- 
nal, pp. 284, 286. 



CHAPTER 358. 

ORDER ADJOURNING THE INFERIOR COURT OF COMMON PLEAS TO 
PLYMOUTH COUNTY. 

Whereas at the time when The Inf Court of Comon pleas was 
to have been holden at Plymouth within & for the County of Plym- 
outh on the First Tuesday of March Last there was a Severe Storm 
& Deep Snow so that The Justices of s*^ Court & Parties Concern'd 
Could not Travil & attend at S*^ Court whereby s** Court & all Actions 
& processes were Discontinued Therefore 

Ordered That all actions Pleas & Processes which were to have 
been heard & Tryed at s** Court, Be heard & Tryed at the next 
Inf Court of Comon pleas to be held at Plymouth within & for 
the County of Plym° on the Third Tuesday of May next And 

The Justices of s^'Xourt be, & hereby are Impowered to hear & 
Determine all s*^ aeons and Causes and award Execution as Fully 
to all Intents & purposes as they might have done If S'' Actions 
pleas & processes had Come before them at s*^ Court on s*^ 1^* Tues- 
day of March last & y® S*^ Court had been Opened to have heard & 
Tryed y*' Same And And* the Sheriff of y" County of Plym° is 
hereby Directed to Cause this order Forthwith to be made publick 
by posting up the Same in Some publick place in the Same County 
& to be Inserted in Some one of y^ Publick news papers Saving 
That If any Def*^ in any of y^ afores** Actions is now out of y* 
Province, or Shall not in the apprehension of s*^ Court have had 
timely notice of this Order s** Court shall Continue the Action to 
their next Term. \^Passed Ajjril 26.^ 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is April 26. 

- Sic. 

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



[3d Sess.] Province Laws {Resolves, etc.). — 1754-55. 311 



CHAPTEE 359. 

VOTE DIRECTING THE COMMISSARY GENERAL TO DEMAND ACCOUNTS 
OF Y^ STORES & ARMS OF THE LATE INTENDED CANADA EXFED^, 

Voted that the Commissary General be directed to Send to the Legislative 
respective Officers forthwith to return their several Accounts of councif, xi!^^ 
Such Arms & other Warlike Stores prepared for the late Intended ^i- Mass. 
Canada Expedition, who have received the Same that so they may ixxiv., 406. 
be improved in his Majesties Service in the present Expedition Legislative 
forming Against his Enemies on this Continent; And in Case Any councif xx^^^ 
of &'^ Arms or Stores Shall Appear to have been Embezzled & Lost 4oi. Ho'uVeJ 
by any of the Officers to whom Delivered that then Such officer or Anu^p.'iil^^' 
officers be respectively held & obliged to pay the Value thereof to ^''^^p- ^''• 
the Commissary General. \_Passed April 26. 



CHAPTER 360. 

VOTE IMPOWERING W^ WELCH, ADM« TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of William Welch Administrator of his Mother Eliza- Legislative 
beth Welch of Boston her Estate, shewing that he has paid all the counc'if.xx'.*'® 
Debts, but for Avant of Personal Estate was obliged to advance of 442. Mass'. '' 
his own the Sum of £75.2,5. And for as much as he was necessarily 286? ^^^^'^'^•' 
hindred from attending on the Superiour Court at their last Term ^s^_ 
for the County of Suffolk, therefore praying this Court would im- ^r^s'^^House 
power him to sell his Mothers Real Estate, which in Value does not Journal, 
exceed that Sum. p?ovincf ^' 

Read *& Laws, ii., 151, 

Voted that the prayer of the petition be so far granted as that 
the petitioner be & hereby is Impowered In his Said Capacity to 
make Sale of the real Estate within mentioned to Such person or 
persons as wall give most for the same & to Execute a Good «& suffi- 
cient Deed or Deeds in the Law he Observing the rules in the Law 
for the Sale of Intestate Estates and giving proper Caution to the 
Judge of Probate for the County of Suffolk to render an Account 
of the proceeds of Such Sale that the Same may be distributed 
According to Law, \^Passed April 26. 



chap. 10. 



CHAPTER 361. 

VOTE ESTABLISHING THE PAY OF THE OFFICERS OF THE INTENDED 
EXPEDITION AGAINST CROWN POINT. 

Voted that the Wages of the Several Officers that shall go in the Legislative 
Intended Expedition to Crown point Shall be as follows Viz, councn", xx*f ® 

443. Mass. 
For a Colonal to each Regiment Consisting of five hundred men . 12. 16 P month ^^^^^404 

For one Lieutenant Colonal to such Regiment 10. 13. 4 Ditto " '' 



For one Major to Ditto 9. 1. 4 Ditto House Jour- 

For One Commissary to Ditto 3. 4. Ditto ^al. P- 2^5. 

For a Captain of fifty men Including Officers 4. 16. D^ ^"'*' ^if^^' 



312 



Province Laws {Resolves, e^c.). — 1754-55. [Chaps. 362, 363.] 



For one Lieutenant to such Company 3. 4. D" 

For one Ensign to D" 2. 2. 8 B" 

For one Chaplain to Each regiment 6. 8. D° 

For one Adjutant to Each Regiment 2. 2. 8 D" 

For one Surgeon to Each Regiment 10. 0. D^ 

For one Surgeon Mate to 0° 5. 6. 8 D" 

For three Sergeants to each Company to each 1. 14. 1 D" 

For four Corporels to Each Company to Each 1. 9. 10 D» 

For one Clerk to Each Company 1. 14. 1. D" 

For one Drum Major 1. 14. 1 D° 

For one Common Drummer to each Company . . ■ . . . 1. 9. 10 D" 

For one Armorer to Each Regiment 2. 0. 0. Do 

\^Passe(l April 26. 



Legislative 
Records of the 
Council, XX., 
442. 

House Jour- 
nal, p. 286. 
Ante, p. 243, 
chap. 187. 



CHAPTER 362. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF BARNSTABLE AND ALLOWING £2. 15 FOR THE EX- 
PENSE THEREOF. 

The Committee for letting out to farm the Excise upon strong 
Liquors &c^ in the County of Barnstable reported that they had let 
out the same to Nath^ Little for the Sum of £200, and taken his 
Bond with Sureties, & lodged it with the Province Treas'^ their 
Acco* of Charge being Two Pounds fifteen Shillings. 

Eead & 

Ordered that the within Eeport be accepted, and that there be 
allowed & paid out of the publick Treasury unto said Comm'*^' the 
Sum of Two Pounds fifteen Shillings in full of their Acco'. [^Passed 
April 26. 



CHAPTER 363. 



Legislative 
Records of the 
Council, XX., 
442. Mass. 
Archives, cxx., 
40. 

Mass. 

Archives, cxx., 
40. House 
Journal, p. 288, 
Ante, p. 186, 
chap. 46; p. 245, 
chap. 194. 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
LIQUORS TEA &c^ FOR THE COUNTY OF MIDDLESEX AND ALLOWING 
£5. 2. 2 FOR THE EXPENSE THEREOF. 

The Committee for Letting out to farm the Excise upon Strong 
Liquors &c^ as also the Excise upon Tea &c^ ' for the County of 
Middlesex, reported that they had let out the Excise on Strong 
Liquors &c* to Elisha Jones of Weston, for the Sum of £761.16.8; 
and the Excise on Tea &c* to William Story of Boston for the Sum 
of Thirty Pounds, & have taken Bonds for both with Sureties, & 
lodged them with the Province Treasurer, their x\cco' of Charge 
being £5.2.2. 

Read & 

Ordered that the within Account be Accepted and that there 
be Allowed & paid out of the publick Treasury the Sum of five 
pounds 2/2 to S*^ Committee in full discharge of the within Ac- 
count. \^Passed April 28." 

^ The House Journal, p. 288, does not refer to the tea, coffee, &c. 

2 This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is April 26. 



[3d Sess.] Province Laws {Resolves, etc.). — 1754-55. 313 



CHAPTEE 364. 

ORDER ACCEPTING REPORT OF COMMITTEE ON CONDITION OF INHABI- 
TANTS ON PROVINCE LANDS WEST OF SHEFFIELD AND STOCKBRIDGE. 

The Committee appointed to take under Consideration the pres- Legislative 
ent Circumstances of the People on the Province Lands Westward councif, xx*.^^ 
of Sheffield, Stockbridge &c^ have so far attended the Service as ^3. Ma^ss. ' 
to consider the Eepresentation of John M'^Arthur, 201. "' "' 

And the Committee thereupon report that a Controversy has long Mass. 
subsisted between divers Settlers of Lands in the County of Hanip- ^I'^'^Hous^e"' 
shire, within the Jurisdiction of this Province, and certain Persons Journal, p. 293. 
pretending Title as Patroons or Lords of Mannors, to the same chap. 254.^^' 
Land; That the said Settlers have frequently have frequently' in 
the most violent, outragious Manner been assaulted and set upon, 
have had their Houses pull'd down and burnt, their Fields of Grain 
cut up and destroyed, and their Lives threatned by a barbarous 
Banditti pretending to be employed by the said Patroons as they 
are termed, and to have Authority of the Government of New York 
to support them ; That on the 14"^ of April certain Persons armed 
with Swords & Guns broke into divers Houses in those Parts, and 
carried away the Persons living therein, & committed divers Thefts 
and other Villanies, and the next Morning broke into the House 
of one William Eace an Inhabitant of this Province, and the said 
Eace attempting to escape their Fury & Eage was shot dead by one 
of the Villians, and he with the rest thereupon made their Escape 
& left the dead Body of the said Eace to the Care of his Friends. 

The Committee further Eeport that Proposals have been frequently 
made by the General Court, of this Province to the Government of 
New York, to bring this Controversy to an Issue ; but their Proposals 
have always been rejected or disregarded; and these most unhappy 
Consequences must be attributed to that Government. 

The Committee are humbly of Opinion, That His Honour the 
Lieu*^ Govern"" be desired immediately to issue his Proclamation, 
promising a Eeward of One hundred Pounds to any Person or Per- 
sons who shall inform against or discover any one or more of the 
Persons concerned in the Murther of the said William Eace so as 
that the Offender or Offenders may be apprehended and brought 
to Justice; the said Eeward to be paid upon the Conviction; And 
requiring all his Majesty's Officers Civil & Military to be aiding & 
assisting in apprehending and bringing to Justice the said Murtherers 
& their Abettors ; and that his Honour be likewise desired to write 
to the Lieuten* Governour of New York, urging him to use all pos- 
sible Means for taking up and securing said Murtherers, and convey- 
ing them to the County of Hampshire in Order to take their Trial, 
in Case they or any of them may have fled to the Government of 
New York, and to take effectual Means, untill the present Contro- 
versy shall be settled, for restraining the Inhabitants of that Gov- 
ernment from all Acts of Violence against the Persons & Estates 
of the Inhabitants in those Parts; as this Government must other- 
wise be subjected to the Charge of providing Means for the Security 
and Defence of his Majesty's Subjects against such unwarrantable 
Invasions, and for the Prevention of War «& Blood-Shed between 
the People of the two Provinces. 

Eead & 

Ordered that this Eeport be Accepted. [Passed April 28. 

1 Sic. 



314 Province Laws {Resolves, etc.). — 1754-55. [Chap. 365.] 



CHAPTEE 365. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON SELLING 
PROV*'^ LAND WEST 0¥ SHEFFIELD AND STOCKBRIDGE AND AP- 
POINTING ANOTHER COMMITTEE TO ATTEND TO THE SALE THEREOF. 

Recordfofthe REPORT on the Petition of William Joyner & others, viz' [Mass. 

Council, XX., Archives, vi., 186] 

Archives^i., The Committee appointed to take under Consideration the Pet'' 

^QO- of William Joyner & others respecting the distress'd Circumstances 

Mass. . of the People on the Province Land &c'' have further attended this 
186-190, 199. '' Service, and make this further Report. 

nai^ppjml'm, That it appears to the Committee that the present unhappy State 
293/ ^7i<e,' ' of the People situate Westward of Sheffield & Stockbridge is very 
I54" '^upra, much owing to the Caution used by this Government, and its for- 
/H/ra,^^ap. bcarauce to make Grants of Land & bringing forward the Settle- 
367. ' ment of that part of the Province, while at the same time Persons 

have been encouraged under an imaginary Title from some of the 
Inhabitants of New York to possess & improve the Country; That 
great Part of the Persons so possessing & improving are now dissat- 
isfied with the Title, and are desirous of submitting to the Jurisdic- 
tion of this Province ; and of being quieted in their Possessions : That 
divers other Persons have likewise taken Possession of and improved 
the Province Lands in those Parts, without any Grant or Licence 
from the Government. 

The Committee are humbly of Opinion that in Order to prevent 
any further Encroachments, the Right, Title & Estate of this Prov- 
ince for all the Lands Westward of the Towns of Sheffield and Stock- 
bridge, as far as the Province of New York, & as far Northward as 
the North Bounds of Stockbridge, be sold by a Committee to be 
appointed by this Court; which Committee shall be under Oath 
faithfully to discharge their Trust, and neither directly nor in- 
directly to be interested in the Purchase, that previous to the said 
Sale the said Committee quit claim to any or all of the Persons who 
have made Improvement on said Lands, the Right, Title & Estate 
of this Province in all such Lands so improved and possessed upon 
such reasonable Terms as said Comm"''' shall think proper: That 
said Committee proceed on the Business as soon as may be, and 
make Report of their Doings to this Court some time at the Ses- 
sions in May next: All which is humbly submitted. 

Tho. Hutchinson per Order. 
In the House of Rep 
Read &u 

Ordered that the foregoing Report be Accepted 
In Council Read and Concur'd and 

Ordered that Joseph D wight Esq'' with such as the Hon*^'* House 
shall join be a Committee for the Purposes above Mentioned 
In the House of Rep 
Read & Concurred & Joseph Hawley & John Choate Esq" are 
Joined in the Affair. \^Passed April 28. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1754-55. 315 



CHAPTER 366. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PET^ OF THO^ 
STEEL, ESQB, FOR A NEW TRIAL. 

A Petition of Thomas Steel Esq' of Leicester shewing that in Legislative 
a Cause between him and one John Burnet at the Superiour Court councffxi.**^^ 

for the County of Worcester they left their Matters in Difference ^13. ^s. 

to Eeferrees, that the Petitioners Witnesses mistook the Time for Mass. 
hearing thereof; and the Petitioner could not prevail upon the xuv./i3i,'i33. 
Eeferrees to continue it for another Hearing; Therefore Praying nai"pp.im^288 
he may have a new Trial by the s*^ Court, and Execution staid in 293.' 
the mean time. 

[Kead and] 

Ordered that the Consideration of this Pet° & Answer be referr'd 
to the second Wednesday of the next May Session, and that Execu- 
tion be staid in the mean time. \^Passed Ajwil 28. 



CHAPTER 367. 



ORDER ALLOWING 30/ TO JOHN McARTHUR. Legislative 

Records of the 
Council, XX., 

Ordered that there be allowed & paid out of the publick Treasury 445^ 



to John M*^ Arthur now attending this Court on publick Business, House Jour- 
to enable him to defray his Expences the Sum of Twenty Shillings. ' ^t^m 'chap.^*' 
[Passed April 28. 365. 



CHAPTER 368. 

ORDER ALLOWING £40. 15. 4 TO MR. JAMES RUSSELL. 

An Accompt presented by M'' James Eussell of the Charge of ^^^'^{f""^! .jj 
several Instruments by him provided for the Stamp Office, amount- council, xx., 
ing to the Sum of £40.15.4. ^ 

Eead & Archives, 

Ordered that the Sum of Forty Pounds fifteen Shillings & four ^^^^^^^ui^^l- 
pence '^ be allowed & paid out of the publick Treasury to M'' James Kecords of the 
Eussell in full Discharge of his Acco* within mentioned. [Passed * iJJe^^Hoifse'' 
^Pril28. Jou^ai.^^^ 

CHAPTER 369. 

VOTE ESTABLISHING THE WAGES OF OFFICERS FOR THE TRAIN OF 
ARTILLERY, OF WHICH THIS GOVERNMENT IS TO PAY ITS PROPOR- 
TION. 

Voted Thet this Government will pay their Proportion with the Legislative 
other Governments Engaged In the Intended Expedition to Crown councif.xx!!^^ 

* The House Journal, p. 294, reads, " thirty Shillings." 

^ The Executive Records of the Council, xii., 406, and the Mass. Archives, cxxiv., 436, 
give the amount paid £40. 15. 



316 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 370, 371.] 



445. Mass. 
Archives, 
Ixxiv., 409. 

House Jour- 
nal, p. 294. 
Ante, p. 311, 
Chap. 361. 



point of the Several officers hereafter Named the respective sums 
Annexed to their Names Viz 

1. Engineer who shall be Cap' of y« Artilery . . .12. 16. "j 

1. Lieu* of the artillery 5. 6. 8 | 

a Second Engineer 4. 5. 4}- Per month. 

3. Sub Engineer each 2. 13. 4 I 

16. Gunners each 2. 0. Oj 

]_Passed April 28. 



CHAPTEE 370. 



ORDER SETTING OFF STEPHEN PAYNE AND HIS ESTATE FROM THE 
SOUTH PARISH TO THE NORTH IN MALDEN. 



Legislative 
Records of the 
Council, XX., 
354, 445. Mass. 
Archives, xiii., 
691. 

House Jour- 
nal, pp. 174, 228, 
278,291,292. 
Province 
Laws, xii., 439, 
chap. 189. 



A Petition of Stephen Payn of Maiden, shewing that in the 
Year 1737. he was contrary to his Inclination sett ofi to the new 
Parish there, & has been obliged to pay to the Support of the Min- 
istry there, thd he never associated with them. Praying that he may 
be set off to the first Precinct in Maiden. 

The Committee appointed to take under Consideration the Pet° 
of Stephen Payne, together with the Answer of the South Parish 
in Maiden, having attended that Service, and heard the Parties, 
are of Opinion That the Prayer of the Petition be granted, and 
that the Petitioner with his Estate be set off from the South Parish 
and annexed to the North Parish in Maiden, there to enjoy Privi- 
ledge & to do Duty for the future; he paying all such Sums as may 
be due from him by Virtue of any Eates or Taxes which may have 
heretofore been assessed on the Inhabitants of the said South Parish 
for defraying the Ministerial & other Parish Charges, 

All which is humbly submitted, John Greenleaf 

Eead and accepted and their upon 

Ordered the Petitioner Stephen Pain be set off from the South 
to the North Parish in maiden accordingly. \^Passed April 28. 



CHAPTEE 371. 

ORDER DIRECTING THE COMMISSARY GENERAL TO DELIVER GUN 
POWDER TO EAST"^ INHABITANTS. 



Legislative 
Records of the 
Council, XX., 
446. Mass. 
Archives, 
Ixxiv., 402. 

House Jour- 
nal, p. 289. 



Ordered that the Commissary General be directed to deliver to 
Col John Storer Two Barrels of Gun Powder & the Like Quantity 
to Edward Milliken Esq"" to be by them Dispossed of to the Inhabi- 
tants in the Expossed parts of the Eastern Frontiers provided the 
Said Storer & Milliken give security to the province Treasurer to 
pay the Value thereof in twelve months from this time. [Passed 
A2Jril 28. 



[3d Sess.] Province Laws {Resolves, etc.). — 1754-55. 317 



CHAPTEE 372. 

ORDER ESTABLISHING A QUORUM OF THE COM^ee fqR SELLING PROV- Legislative 

INCE LANDS WEST OF SHEFFIELD AND STOCKBRIDGE. Councif jfx^^ 

446. ' '* 

Ordered that any two of the Committee chosen this Day to dis- House Jour- 
pose of the Province Land West of Sheffield & Stockbridge be a ^nte,'-^'^ki: 
Quorum. [Passed Aj^ril 28. chap! 365. 



CHAPTER 373. 

ORDER AUTHORIZING SA3II- HEWS & SON TO EXPORT PROVISIONS TO 

SURINAJNI. 

A Petition of Samuel Hews & Son of Boston Merchants, shew- Legislative 
ing that they have on board their Vessel bound to Surinam, a Quan- councif xx!*^^ 
tity of Provisions, and for as much as the transporting of Provisions ^6. Mass 
thither, does not cross the true Design of the Government in restrain- ss. ' "' 
ing the Exportation of Provisions; Therefore Praying for Liberty Mass. 
from this Court that their Vessel may sail to Suranam with the said ^^"^House^^^"' 

Provisions. Journal, p. 292. 

Eead and Liwsrm.,83s, 

Ordered That the Prayer of the within Pet° be granted and that ^f^.-^ -^^^^'^ 
the Petitioners have leave to Export the Provisions within Mentioned 273. 
to Surrinam they giving bond to the Impost officer to Land them 
there and to return a Certificate thereof under the hand of the prin- 
cipal Officer of the Customs at said Surrinam. \_Passed April 28. 



CHAPTER 374. 

ORDER ALLOWING £1. 12 TO DAVID SMITH & OTHERS. Legislative 

Records of the 
Council, XX., 

Ordered that there be allowed & paid out of the publick Treas- 446. Mass. 
ur'y Unto James Otis Esq'' the sum of one pound twelve shillings ixxV.IIot. 
(' for a Gun broken at Brunswick Fort by the Fall of a Tree which m^^^; 
Gun was the property of David smith & others provided by them j^^/^^^^^'g 
for one Elisha Sachem who was sent a Soldier to S'' Fort and that House Jour- 
S*' Otis pay S"^ Sum to the True owners of s"^ Gun. [Passed April 28. ''^^' »• ^'^^■ 



CHAPTER 375. 

VOTE ESTABLISHING ALLOW<^^ FOR ENLISTING SOLDIERS, ALLOW^^ TO 
OFFICERS & SOLDIERS, SUBSISTENCE WHILE TRAVELS WAGES OF 
HOSPITAL COMMISSARY, ALLOW ^ OF PROVIS*, &c^, TO EACH MAN, 
AND £150 FOR SICK & WOUNDED SOLDIERS. 

Voted that there be alloAved for Inlisting the several Soldiers for Legislative 
the Crown point Expedition one Shillings & Six pence Each to be coundf.xx!!'^ 
paid to the Captain, that Shall inlist the Same 4*6. Mass. * 

• A.rcliivcs 

And that the Officers & Soldiers allowance after their Departure ixxiv.,4ib. 

^ Sie, as to parenthesis. 



318 



Province Laws {Resolves, etc.). — 1754-55. [Chaps. 376, 377.] 



House Jour- 
nal, p. 294. 
Ante, p. 294, 
chap. 321; 
p. 311, chap. 
361. Supra, 
chap. 369. 



from their respective Habitations to the place of General Rendez- 
vous for their Subsistance be Eight Shillings ^ Week fifteen miles 
to be accounted a days Travil and further that there be allowed 
for a Commissary of the Hospitall Three pounds ^ month 

And that there be given the following Allowance after the Arrival 
at the place of Gen^ Eendezvous 

To Each man one pound of Bread W Diem 

one pound of Pork D° 

one Gill of limn D" 

half a pint of Pease or Beans D" 

half a pound of Sugar ^ week 

2 ounces Ginger D" 

one pound of flower . . . . . . . D* 

one pint Indian Meal D° 

four ounces Butter D" 

1 pint Molasses D° 

And that the Sum of One Hundred & fifty pounds be Laid out 
by the Com*^® of Warr for things Necessary & Comfortable for the 
Sick & wounded. \_Passed April 28. 



Legislative 
Records of the 
Council, XX., 
447. Mass. 
Archives, 
Ixxiv., 390. 

Mass. 
Archives, 
Ixxiv., .390. 
House Jour- 
nal, pp. 283, 289. 



CHAPTER 376. 

VOTE ALLOWING £2. 15 AND A FURTHER SUM OF £2 TO DANIEL HOW, 

JUN. 

A Petition of Daniel How jun' shewing that while he was a 
Soldier in the Pay of the Province he was captivated by the Indians, 
praying that he may have some Allowance out of the publick Treas- 
ury for his Loss of Time & Sufferings, and for a Gun of his own 
then taken with him. 

Read & 

Voted that there be allowed & paid out of the Publick Treasury 
Unto the petitioner Dan^ How Jun"^ the Sum of Two pounds fifteen 
Shillings on Account of his sufferings & Loss of time while in Cap- 
tivity and also the further Sum of Two pounds for his Gun taken 
from him by the Indian enemy when he was Captivated. \^Passed 
April 28. 



CHAPTEE 377. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, &c, FOR THE COUNTY OF SUFFOLK AND ALLOWING £5. 8. 7 FOR 
THE EXPENSE THEREOF, 



Legislative 
Records of the 
Council, XX., 
447. Mass. 
Archives, cxx., 
40. 

Mass. 

Archives, cxx., 
40. House 
Journal, p. 289. 
Ante, p. 186, 
chap. 44. 



The Committee appointed to let out to farm the Excise upon 
Tea, Coffee &c,^ in Suffolk, reported that they had let out the Same 
to Elisha Jones of Weston for the Sum of £300, and had taken his 
Bond with Sureties, & lodged the same with the Province Treas'' Their 
Acco* of Charge being £5.8.7. 

Read & 

Ordered that the within report be accepted & that there be 
allowed & paid out of the publick Treasury the Sum of five 
pounds 8/7 to S*^ Committee in full discharge of their Account 



for farming the Same. 



\^Passed A2Jril 28. 



£3d Sess.] Province Laws (^Resolves, etc.). — 1754-55. 319 



CHAPTEK 378. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF ESSEX AND ALLOWING £2. 7. 6 FOR THE EXPENSE 
THEREOF. 

The Committee appointed to let out to farm the Excise upon Legislative 
Eum distilled Spirits &c^ in the County of Essex reported that councff, xl!f ^ 
they had let out the same unto M'^ William Coffin, for the Sum ^^-^^^^l^^^^ 
of £1,214.13.4 and had taken his Bond with Sureties t& lodged it 37. ' " '* 
with the Province Treasurer, their Acco* of Expence being £3.7.6, Mass. 

T?p<if1 i^ Archives, cxx., 

Ordered that the within report be Accepted And that there be Joumai, p. 28s. 

Ants D 'M'^ 

Allowed & paid out of the publick Treasury the sum of Two pounds chap', isi" "' 
7/6 to S** Committee in full discharge of their Account. [^Passed 
April 28. 



CHAPTEE 379, 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF YORK AND ALLOWING £3. 9. 8 FOR THE EXPENSE 
THEREOF. 

The Committee appointed to let out to farm the Excise upon Legislative 
Rum, distilled Spirits &c^ in the County of York, reported that councifxx*^^ 
they had let out the same to Cp*" Ichabod Goodwin of Berwick for 447. Mass. ' 
£249 and had taken his Bond with Sureties & lodged it with the zi.^ i^es.cxx., 
Province Treasurer, their Acco*' of Charge being £3.9.8. House Jour. 

Eead & "ai.^p. ^m^^ 

Ordered that the foregoing report be accepted & that there be chap! iss. 
allowed & paid out of the publick Treasury the Sum of Three 
pounds 9/8 to S** Com'®^ In full discharge of their Account. 
l^Passed April 28. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1755-56. 



[321] 



LEGISLATIVE LIST' 



1755-56. 



His Excellency ^YILLIAM SHIELEY [;until June 26, 1755^, 
Captain-Geneeal and Goveknor-in-chief. 

SPENCER PHIPS, Lieutenant Governor {^Acting Governor from 
June 26, 1 755, until January 30, 1 756~\ . 

His Excellency WH.LIAM SHIRLEY ^ from January 30, 1756']. 

JOSIAH WILLARD, Esq., 

SECRETARY OF the PROVINCE. 



COUNCILLORS OR ASSISTANTS. 

Of the InTidbitants of or Proprietors of Lands loitMn the Territory formerly 
called the Colony of the Massachusetts Bay ; 



John" Osborne 
Francis Foxcroft 

JOSIAH WiLLARD 

Jacob Wendell 
Benjamin Lynde 
Daniel Russell 
Samuel Danforth 
John Greenleaf 
Samuel Watts 



John Chandler 
Ezekiel Chever 
Andrew Oliver 
Joseph Pynchon 
'EsQRS. Thomas Hutchinson 

Stephen Sewall 
Isaac Royal 
Eleazer Porter 
John" Erving 



'ESQRS. 



Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly 
called the Colony of New Plymouth ; 

John Gushing ) Sylvanus Bourn \^ 

George Leonard ^sqrs. j^^^ q^^^ psQRS. 

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

Sir William Pepperell, Baronet, John Hill & Richard Cutt, Esqrs. 

1 See Legislative Records of the Council, xx., 449-452. 
[323] 



324: Province IjAVfii {Resolves^ etc.). — 1755-56. [Representatives.] 

Of the Inhabitants of or Proprietors of Lands within the Territory lying 
between the Rivers of Sagadahoch & Nova Scotia ; 

William Brattle, Esq. 

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



REPRESENTATIVES OR DEPUTIES. 
May 2S, 1755 to Ajml 21, 1756. 



Mr. THOMAS HUBBARD, Speaker. 



County of Suffolk. 

Boston, . . . Thomas Hiibbai'd, Esq. 
Mr. John Tyng, 
James Bowdoiu, Esq., 
Mr. William Cooper. 

Roxbury, . . Mr. Samuel Heath. 

Dorchester, . . Estes Hatch, Esq . 

Milton, . . . Samuel Miller, Esq. 

Braintree, . . John Quincy, Esq. 

Weymouth, . . Mr. James Humphrey. 

Hingham, . . Mr. Jacob Cushing. 

Medfield, . . Mr. Ephraim Cheney. 

Stoughtoti, . . Mr. Richard Bailey. 

Needham, . . Mr. William Bowdoin. 

Brooklyne, . . Jeremiah Gridley, Esq. 



Salem & 

Danvers, 

Ijyswich, 

Newbury, 

Marblehead 

Lyn, 

Andover, 

Beverly, 

Rowley, . 

Salisbury, 

Haverhill, 

Olocester, 

Bedford,^ 

Boxford, 

Amesbury, 



County of Essex. 
^ Henry Gibbs, Esq., 
( Daniel Epes, Jr., Esq. 
. Mr. Daniel Stanniford. 
. Mr. Thomas Barnard. 
. Robert Hooper, Esq. 
. Capt. Benjamin Newhal. 
. IVIr. Joshua Fry. 
. Capt. John Leach. 
. Mr. Thomas Lancaster. 
. Mr. Abraham Morrill. 
. Mr. David Marsh. 
. Mr. William Parsons. 
. Capt. Benjamin Millekin. 
. Mr. Jonathan Foster. 
. Mr. Isaac Morrill. 



County 
Cambridge, . 



Gharlestown, . 
Watertown, 
Reading, . . 
Concord & 
Carlisle, 
Newton, . . 
Oroton, Shirley 
& PejJjierell, 
Sudbury, . 
Marlborough, 
Billerica, . 
Framingham, 



Maiden, 

Weston, 

Medford, 

Littleton, 

Waltham, 

Lincoln, 

Lexington, 



OF Middlesex. 
William Brattle," Esq., 
Edmund Trowbridge, 

Esq. 
Mr. James Russell. 
Mr. John Hunt. 
Mr. John Temple. 

Mr. Simon Hunt. 

Thomas Greenwood, Esq. 

William Lawrence, Esq. 

Capt. John Noyes. 
Mr. Samuel Witt. 
Capt. Enoch Kidder. 
Joseph Buckminster, 

Esq. 
Mr. Benjamin Hills. 
Mr. Abraham Biggelow. 
Mr. Stephen Hall. 
Nathaniel Russell, Esq. 
Samuel Livermore, Esq. 
Chambers Russell, Esq. 
Benjamin Read, Esq. 



County of Hampshire. 

Springfield, . . Josiah Dwiglit, Esq. 

North Hampton % 

& South-hamj}- > Joseph Hawley, Esq. 

ion, ) 

Hadley & 

Neto Hadley, 



Capt. Moses Marsh. 



^ The House Journal, p. 4, and the State Library copy, Legislative Records of the Council, xx., 451, 
reads. "Bradford." ' 

^ Henry Vassall appointed Representative from Cambridge, August 7, 1755, in place of William Brattle 
now of his Majesty's Council. — House Journal, p. 121, 1755-56. 



[Representatives.] 'Province IjAws {Hesolves, etc.). — 1755-56.. 325 



County of 
Hatfield, . 
Sheffield, . . 
Westfield, . 
Deerfield & 
Greenfield, 



Hampshibe — Concluded. 
. Israel Williams, Esq. 
. JNIr. Daniel Kellog. 
. Mr. Eldad Taylor. 

> Elijah Williams, Esq. 



Worcester, 
Lancaster, 
Leicester & 
Spencer, 
Brookfield, 
Lunenburgh, . 
Oxford & 
Charlton, 
Mendon, 
Rutland & Rut- 
land District, 
Sutton, 
Westborotcgh, 
Shreivsbury , 
Bolton, . 
Sturbridge, 
Hardwich,^ 



County of Worcester. 

. Timothy Payne, Esq. 
. Mr. David Wilder. 



Thomas Steel, Esq. 

Mr. Jabez Upham. 
Mr. John Haywood. 

Duncan Campbell, Esq. 

Capt. Phineas Lovett. 

John Murray, Esq. 

Mr. Daniel Greenwood.- 
Mr. Francis Whipple. 
Mr. Daniel Haywood. > 
John Whetcomb, Esq. 
Moses Mercy ,2 Esq. 
. Timothy Ruggles, Esq. 



County of Puy'MOuth. 
Plymouth, . . . Thomas Foster, Esq. 



Scituate, 
Marshfield, 
Bridgivater, 
Middleborough, 



Thomas Clap, Esq. 
John Little, Esq. 
Daniel Howard, Esq. 
Mr. Ebenezer Sprout. 



County of Plymouth — Concluded. 
Rochester, . . . IMr. Elisha Clap.^ 
PlymjJton, . . . Mr. Isaac Bonney. 
Pembroke, . . . Mr. Israel Turner. 
Kingston, . . . Mr. John Brewster. 

County of Barnstable. 

Barnstable, . . James Otis, Esq. 
Sandwich, . . Roland Cotton, Esq. 
Eastham, . . John Freeman, Esq. 
Harwich, . . Nathaniel Stone, Esq. 

County' of Bristol. 

Taunton, . . Mr. Jonathan Barney. 

Rehoboth, . . Capt. Aaron Kingsley. 

Swanzey, . . Mr. John Anthony. 

Dartmouth, . . Capt. Nathaniel Sole. 

Norton, . . . Mr. Thomas Moorey. 

Attleborough, . Mr. Benjamin Day. 

Easton, . . . Mr. Daniel Williams. 



York, . . 
Kittery, . 
Wells, . . 
Berwick, . 
Falmouth, 
Biddeford, 
Arundel, . 



CoxrsTY OF York. 

. Mr. Jolm Bradbury. 

. Nathaniel Sparhawk, Esq. 

. Mr. John Wynn. 

. Mr. William Gerrish. 

. Charles Frost, Esq. 

. Mr. Samuel Hill. 

. Mr. Thomas Perkins. 



Scarborough, . Edward Millekin, Esq. 

In the County op Nantucket. 

Sherburyie, . . Abishai Folger, Esq. 



1 Ward's History of Shrewsbury, p. 68, also-the House Journal, p. 4, read, "Phineas Heywood." 
^ The House Journal, p. 4, reads, "Moses Marcy, Esq." 

^ The House Journal, p. 4, and the State Library copy, Legislative Records of the Council, p. 451, read, 
' Hardwick." 
* History of Plymouth County, p. 337, reads, "Elisha Barrows." 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-eighth Day of May, A.D. 1755. 



CHAPTEE 1. 



ORDER DIRECTING AN INDEX TO BE MADE OF Y^ TEMPO">^ LAWS. 



Legislative 
Records of the 
Council, XX., 
465. Mass. 
Archives, 
xlvii., 406. 



Ordered That the Com'^^ appointed by the General Court the 9'*' ^|fi'i.^a\"of the 
Ap^ 1754, to take care of the re-Printing the Temporary Laws, be council, xx., 
directed to prepare a Correct Table for the same as soon as may be. journaur228 
[Passed May 30. !^^f'^' ^^^^ ' 



CHAPTER 2. 



ORDER ACCEPTING THE ACCO^ OF Y^ TRUSTEES OF HASSANIMISCO 

INDIANS. 

An Accompt presented by the Trustees of the Hassanimisco 
Indians of Receipts and Disbursements for said Indians in the Year 
past, Ballance thereof in the said Trustees Hands, being 10/11^4. 

Read & Accepted & 

Ordered, That the said Trustees be accountable for the Ballance 
of the Acc° being ten shillings and eleven pence three farthings. 
[Passed May 30. 



Legislative 
Records ol the 
Council, XX., 
455. Mass. 
Archives, 
xxxii., 612. 

Mass. 
Archives, 
xxxii., 611. 
House Jour- 
nal, p. 9. 
Province 
Laws, xiii., 326, 
chap. 227. 



CHAPTER 3. 



ORDER GRANTING TO JOHN LAMBERT LICENCE TO KEEP AN INN. 

A Petition of John Lambert of Taunton in the County of Bristol, R^^ords^of jjj 
Keeper of his Majesty's Goal there, praying that the Court of Gen- council, xx., 
eral Sessions of the Peace for said County may be impowered to grant Archives*,^' 
him a Licence to sell Strong Drink. xiiv., les. 

Read & Mass. 

Ordered, That the Prayer of the Petition be so far granted as xiiv.,'iCT.' 
that the Justices of the General Sessions of the Peace for the naTp!8.*^"^" 
County of Bristoll be and hereby are impowered (at their next 
Term) to grant the Petitioner a License, if they see fitt, to keep 
an house of Public Entertaium* in the Town of Taunton, he first 
Obtaining the Approbation of the Select men of said Taunton the 
time for granting Licenses being elapsed Notwithstanding. [Passed 
May 30. 

[327] 



328 



Province Laws {Resolves, etc.) . — 1755-56. [Chaps. 4-6.] 



CHAPTEE 4. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE EXPE- 
DITION TO NIAGARA. 



Legislative 
Records of the 
Council, XX., 
456. Mass. 
Archives, 
Ixxiv., 431. 

Legislative 
Kecords of the 
Council, XX., 
452, 455, 456. 
House Jour- 
nal, pp. 11, 12, 
13, 14. Ante, 
p. 294, chap. 
321. 



The Committee appointed to take under Consideration that Part 
of His Excellency's Speech of Yesterday, which relates to the sev- 
eral Expeditions now carrying on against the Encroachments of the 
French, report as their humble Opinion, that the Eemoval of the 
Encroachments made by the French at Niagara, [is a matter of very 
great importance to his Majestys [interest] ' & must undoubtedly 
engage a very considerable Proportion of the French Force to pre- 
vent -it: That this Diversion of the French Force will cause that a 
less Number of Men may be sufficient for the Crown Point Expedi- 
tion than would otherwise be necessary: The Committee are there- 
fore of OiJinion that as many of the Forces raised for the Crown 
Point Expedition as His Excellency shall apprehend necessary may 
be employed in the proposed Service at Niagara, during the Term 
tliey inlisted. Provided that His Excellency Avill cause said Forces 
to be transported & victualled without any Expence to the Prov- 
ince, Provided also that the other Governments concernened " in the 
ExjDedition shall make no Exception to this Measure, and that the 
said Forces voluntarily engage in said Service, and that not less 
than 3,700 Men, exclusive of the Indians be emj)loyed in the Ser- 
vice against Crown Point. 

J. Osborne ^ Order, 

Read and 

Ordered that this Rej^ort be Accepted. [Passed May 31. 



CHAPTER 5. 



Mass. 
Archives, 
Ixxiv., 438. 

House Jovir- 
nal, p. 285 
(April, 1755) ; 
p. 14. Ante, 
p. 311, chap. 
361. 



RESOLVE THAT NO ESTABLISHMENT BE MADE FOR A SURGEON GEN- 
ERAL FOR THE EXPEDITION AGAINST CROWN POINT. 

Resolved, That no Establishment be made for a Surgeon General, 
or pay allowed to any such Officer in the intended Expedition against 
Crown Point. [Passed June 2. 



Legislative 
Records of the 
Council, XX., 

458. Mass. 
Archives, 
Ixxiv., 442. 

Legislative 
Records of the 
Council, XX., 
275, 457. House 
Journal, p. 19. 
Ante, p. 296, 
chap. 325. 



CHAPTER 6. 

ORDER DIRECTING THE PREPARATION OF STORES FOR THE FIELD 
OFFICERS, &c^S OF THE EXPEDITION AGAINST CROWN POINT. 

Ordered, That the Committee of War be directed to provide such 
Stores as they shall judge Convenient for the use of the Field Officers, 
Chaplains and Surgeons engaged in the intended Expedition to Crown 
point, in the same proportion as was allowed to the said Officers &c, 
in the late Expedition up Kennebeck River. [Passed June 3. 

* Inserted from Mass. Archives, Ixxiv., 431. 
» Sic. 



[1st Sess.] Province Laws {Resolves, etc.). — 1755-56. 



329 



CHAPTER 7. 

ORDER ALLOAVING ADVANCE PAY FOR ONE MONTH TO THE OFFICERS Legislative 

OF THE EXPEDITION AGAINST CROWN POINT. Coimcil^, xx*^® 

458. Mass! "' 

Ordered, That each of the officers engaged in the intended Ex- ^^xi^'.^Jwi. 
pedition to Crown point, shall be entituled to receive one month's House .Jour. 

~ ~ nal,pp.l4, 18, 

19. Ante, 
p. 311, chap. 
361. 



pay before they march. \^Passed June 3. 



CTT A T) rp Til x? Q Legislative 

±1 il. X ± Jli Xl O . Records of tlie 

Couucil, XX., 
458. Mass. 
VOTE THAT THERE SHALL BE NO AUGMENTATION OF THE FORCES Archives, 
FOR THE CROWN POINT EXPEDITION. Ixxiv., 439. 

Legislative 

Voted, That there shall be no Augmentation of the Provincial council, xx., 
Forces raised for the intended Expedition to Crown-Point. \_Passed j'^ournai.^.Ts!^ 

June 3. ^nte, p.'32S, 

chap. 4. 



CHAPTER 9. 



Legislative 
Records of the 
Couucil, XX., 
458. 

ORDER FOR FRESH PROVISIONS FOR THE FORCES RAISED FOR THE r,: " 

EXPEDITION AGAINST CROWN POINT. Archives, 

Ixxiv., 440. 

Ordered that the Committee of War be directed to provide a naTp^ w-"*^ 
suitable Quantity of fresh Provisions for the Forces raised for the f^^^' \^i^' 



intended Expedition to Crown Point. \^Passed June 3. 



p. 296, chap. 
325. 



CHAPTER 10. 



ORDER IMPOWERING ARCHIE'' GREENFIELD TO BRING FORWARD A 
WRIT OF REVIEW. 



On the Petition of Archibald Greenfield, \cinte, p. 302, chap. 
340] 

Read to gether with the Answer of William Mayberry and There- 
upon 

Ordered that the Prayer of the Petition be so far granted as that 
the Judgment mentioned in the Pet" be and hereby is set aside and 
that the Pef be allowed & impowered to bring forward his Writ of 
Review of the Action within mentioned at the Next Inferiour Court 
of Common Pleas to be held at York within and for the County of 
York on the second Tuesday of July next and the Justices of the 
said Court are hereby impowered and directed to hear and try the 
same enter up Judgment & award Execution thereon the former 
Judgment notwithstanding Provided the pef give sufficient Secur- 
ity to the Sheriff of the County of Essex to pay what may be finally 
adjudged due with Interest from this day. {Passed June 4. 



Legislative 
Records of the 
Council, XX., 
460. Mass. 
Archives, 
xliv., 129. 

Mass. 
Archives, 
xliv., 126. 
House Jour- 
nal, p. 24. 
Ante, p. 302, 
chap. 340. 



330 



Province Laws {Resolves, etc.). — 1755-56. [Chaps. 11-13.] 



CHAPTER 11. 



ORDER SETTING OFF MATHEW BRIDGE AND HIS ESTATE FROM 
BRIDGE TO WALTHAM. 



CAM- 



Legislative 
Records of the 
Council, XX., 
427. Mass. 
Archives, cv., 
496. 

Mass. 

Archives, cv., 
49.5. Legisla 
tive Records of 
tlie Council, 
XX., 460. 
House Jour- 
nal, p. 25. 



A Petition of Mathew Bridge, of Cambridge, shewing that he 
is very inconveniently situated for attending the pnblick Worship 
of God in either of the Meeting Houses there, and much moi-e com- 
modiously situated for the Meeting House in Waltham, praying that 
he and his Estate may be set off to the Town of Waltham. 

Eead together with the Answer of ls° West precinct in Cambridge 
& the other Papers and 

Ordered that the Prayer of this Petition be granted and that the 
Petitioner with his Estate be set off from the Town of Cambridge 
and annexed to the Town of Waltham there to do Duty and enjoy 
Prviledge 9,ccordingly. \^Passed June 4. 



CHAPTER 12. 



ORDER ALLOWING £13. 6. 8 AND A FURTHER AMOUNT OF £3 ANNUALLY 

TO JOSEPH BANE. 



Legislative 
Records of the 
Council, XX., 

4G1. Mass. 
Archives, 
Ixxiv., 399. 

Mass. 
Archives, 
Ixxiv., 398. 
House Jour- 
nal, p. 30. 
Province 
Laws, xiv., 567, 
chap. 75. 



A Memorial of Joseph Bane Interpreter of the Endian Language, 
at the Truck House on S* Georges River, shewing that there is a 
Difficulty with the Treas'" as to what is due to the Pet' as a Pension 
allowed him by this Government on the Account of a Maim gotten 
by him, while in the publick Service, Praying that the Treasurer 
may be ordered to pay him what is due. 

Bead & 

Ordered, That This Memorial be revived, And that there be 
allowed and paid out of the Publick Treasury the Sum of thirteen 
Pounds six Shillings and eight pence to the Memorialist in full 
Satisfaction of his Misfortune Occasioned by his being Maimed in 
the Service of the Province as Mentioned in the memorial to the 
Time he last received any Moneys out of the Treasury on that 
Account, and that for the future during his Natural life he be 
annually paid out of the Province Treasury the sum of three 
Pounds on the Consideration aforesaid. \^Passed June 5. 



CHAPTER 13. 



Legislative 
Records of the 
Council, XX., 
461. Mass. 
Archives, cxx., 

55n. 

Mass. 

Archives, cxx., 
55a. House 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF NANTUCKET AND ALLOWING 16/ FOR THE EXPENSE 
THEREOF. 

The Committee appointed to let out to farm the Excise on Spir- 
ituous Liquors in the Island of Nantucket, reported that they had 
let out the same to Thomas Arthur for £28 and had taken his Bond 
Avith Sureties & lodged it with the Treas'' Praying Allowance for 
their Charge being 16/. 

Eead & 



[1st Sess.] Province Laws (JResolves, etc.). — 1755-56. 331 

Ordered That this report be Accepted; and that the sum of Six- Joumai,pp.25, 
teen shillings be allowed & paid out of the Public Treasury to the p.'2U,chvii>. 
said Committee for that Service, and in Discharge of their Acco' ^^• 
of Time & Expences. [Passed June 5. 



CHAPTEE 14. 

ORDER IMPOWERING JABEZ FOX, BENJAMIN KINGSLEY AND THOMAS 
PECK OR ANY TWO OF THEM TO EXECUTE DEED OR DEEDS OF 
LAND BELONGING TO THE SWANZEY CHURCH. 

A Petition of Aaron Kinggley for the Agents of the Church of Rgfo^Jfg^Jf^tij 
Swanzey, shewing that the Order of both Houses passed on the said council, xx., 

Agents Pet"^ in April last, was not signed by the Lieu* Governour, — . 

Praying it may be revived. RefordTonhe 

Eead & Council, xx., 

Ordered that the Petition referred to in this Memorial be revived, jouma?,^^^ 
and that the Prayer thereof be so far granted, as that Mess" Jabez Yaw\\ ivsiv^ 
Fox,' Benjamin Kingsley & Thomas Peck or any two of them, be p-28. 'prov-' 
and hereby are enabled to make and execute a good & sufficient ':d?L, ssiTchap. 
Deed or Deeds of all or any of the Lands mentioned in the Peti- ' 
tion, belonging to the said Church of Swanzey, they attending the 
Order of this Court made relating to the Sale of those Lands, upon 
the 28**^ of October 1743, in all particulars, saving what relates to 
the Advice of Nathaniel Hubbard Esq'' & M' Daniel Barney. \_Passed 
June 5. 



140. 



CHAPTEE 15. 

ORDER ALLOWING THE ACCO^ OF THE TREAS^ OF ESSEX COUNTY. 

An Accompt presented by Daniel Appleton Esq"" Treasurer of the Legislative 
County of Essex for the last Year, having been by him laid before councif xx!^^ 
the Court of General Sessions of the Peace for said County & by ^62. Mass. ' 

,1 n T J J Archives, 

them allowed. ccxiviii.,i60. 

Read and i^^^^ ' 

Ordered That this accompt be allowed and That the Ballance ^l^iviirieo 

thereof being Two hundred Eighty Nine Pounds, thirteen shillings House Jour' 

and three pence one farthing, the said Treasurer be further Account- "I^-pp-^^.s!, 

able to the said County for, [Passed June 6."^ 



CHAPTEE 16. 

ORDER ADJOURNING THE COURTS OF BRISTOL AND ESSEX COUNTIES. 

Whereas divers of the Justices of the Superior Court of Judica- Legislative 
ture. Court of Assize and General Goal Delivery which by Law are councfi^ xx!,^^ 
to be holden at Ipswich in the County of Essex on the second Tues- ^3. Mass. ' 
day of June Current; And whereas some of the Justices of the Court xivii.,408. 

J The House Journal, p. 28, reads, "Jabez Wood." 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is June 5. 



332 



Province Laws (Hesolves, etc.) . — 1755-56. [Chaps. 17,18.] 



House Jour- 
nal, p. 35. 



of General Sessions of the Peace and inferior Court of Comon Pleas 
which by Law are to be holden at Taunton in the County of Bristol 
on the second Tuesday of June Current, and divers other persons 
who are concerned in Business there, are members of this Court; 
And the very important affairs of this Province now depending 
require their attendance : Wherefore 

Ordered that the Courts aforementioned that were to be held at 
the Time aforesaid be adjourned to the first Tuesday of July next 
at Ten o'Clock in the forenoon at the respective Court Houses in 
Ipswich and Taunton : And all Pleas Writts Plaints Processes Pre- 
cepts recognizances and other Thing & things whatsoever return- 
able, or having day or days in the said Courts respectively shall 
stand abide & Continue unto the s^id adjournment, and be held 
deemed and Adjudged to be as good effectual and available in Law 
to all Intents Constructions & Purposes as if such Courts had been 
held and kept on the day by Law for holding the same and no 
adjournment thereof had been made. [Passed June 6, 



CHAPTEIi 17. 



Legislative 
Records of the 
Council, XX., 
463. Mass. 
Archives, 
xxxii., 623. 

Mass. 
Archives, 
xxxii., 622. 
House Jour- 
nal, pp. 26, 30. 
Province 
Laws, xiv., 718, 
chap. 221. 



ORDER IMPOWERING JOB AHAUTON, INDIAN, TO SELL LAND. 

A Petitioist of Job Ahauton of Middleboro, Indian, Praying for 
Liberty to sell his Land in Tetticut, (he having other Lands suffi- 
cient for his Improvem*) the Produce thereof to be employed for 
the payment of his just Debts, Support of his Aged Grand Mother 
& Family, & his own comfortable Subsistence. 

Eead and 

Ordered, That the Petitioner be and hereby is allowed and im- 
powered with the Advice and Assistance of the Trustees for the 
Indians of Teticut to make Sale of his Lands at Teticut mentioned 
in the Pet° And that the produce thereof be applied by the said 
Trustees for the uses within Mentioned. [Passed June 6. 



CHAPTEK 18. 



Legislative 
Records of the 
Council, XX., 
464. Mass. 
Archives, cv., 
517. 

Mass. 

Archives, cv., 
516. House 
Journal, 
pp. 24, 30. 



ORDER IMPOWERING SARAH FOX, ADM^, TO EXECUTE A DEED. 

A Petition of Henry Ewers of Concord, shewing that in Con- 
sideration of John Fox of Littleton being bound for the Petitioners 
Paying sundry Sums of Money, the Pet'' by Deed absolutely con- 
veyed his House & Land to the said Fox, upon Verbal Agreement 
between them, that upon the Petitioners discharging the said Sums 
the said Estate should be reconveyed to him, that the said Fox 
went abroad & returning home Sick, died of that Sickness before 
the said Estate was re-conveyed, althd the Pef had discharged all 
those Sums excepting a very small Part, which he is now ready to 
pay, therefore Praying that the Widow & Administ^ of said Fox 
may be impowered to re-convey said Estate. 

Read and 

Ordered, That the Prayer of this Pet" be so far granted as that 
the said Sarah Fox therein mentioned be and hereby is impowered 



[1st Sess.] Province Laws {Resolves, etc.). — 1755-56. 333 

in her said Capacity of Admin^ on the Estate of the said Fox to 
execute a Deed of release of the buildings and Lands in the Deed 
referred to in the said Pet" to the said Henry Ewers so as that the 
same may remain to him his Heirs and Assigns as firm as it did 
before the making of the said Deed to the said John Fox, and that 
the same be looked upon as firm and Valid as if it had been exe- 
cuted by the said John Fox in his life Time. [Passed June 6. 



CHAPTEE 19. 

ORDER CONFIRMING AND ESTABLISHING THE RATES OF THE AS- 
SESSORS OF HARWICH SOUTH PRECINCT. 

A Petition of the South Precinct in Harwich, shewing that one Legislative 
of their Assessors the last Year by Mistake, neglected to be sworn coumlf, '^x^^ 
to his Office, and thus unqualified he assisted in making the Rates 464 Mass. 
in September 1754, Praying that said Assessment may be valid, not- 531. ' ' 
withstanding said Omission. . Mass. 

"Rp'ifl nnrl Archives, cv., 

xteaci ana 520-524. House 

Ordered That the Prayer of this Petition be granted And that Journal, pp. 28, 
the said Rates are herelDy confirmed & Established, and shall be ' 
held good in Law to all Intents & purposes as fully as if the said 
Benjamin Nickerson had been under Oath when he made the same. 
[Passed June 6. 



CHAPTER 20. 

VOTE AND ORDER ALLOWING £24. 18. 8 TO D" NELSON FINNEY OUT OF 
THE PUNCAPAUG INDIANS STOCK. 

Voted, That it appears to this Court y* the Within named samuel i®s*®^^"^f ju 
miller Esqr has Paid only four Pounds of the Within mentioned council, xx., 
sum to the Within Named Nelson Finney [ante, p. 241, chap. 182] Archi'^ves?' 
and as there are now Other Gaurdians appointed over the s'^ Indians xxxii., es'i. 
It is therefore Mass. 

Ordered that s*^ miller forthwith account with the same . Gaur- xxxi^.TliSo. 
dians and the Present Gaurdians are Directed to Pay the s*^ Nelson n^°"rf 35'"'^" 
the sum of Twenty four Pounds Eighteen shillings and Eight Pence ^We,p.|4i, 
Being the Ballance noAv due to him agreeable to the Within order.* '^ ^v-'^^^- 
[Passed June 6. 



CHAPTER 21. 

ORDER ALLOWING £2. 10 TO JOSHUA FROST. 

A Petition of Joshua Frost late a Soldier in the Expedition on Legislative 
Kennebeck River, under Major General Winslow, praying that he coundf xx!^* 
may be allowed the Charges of his Sickness contracted while he was 465. Mass. ' 

xi •Id- Archives, 

m the said Service. ixxiv., 421. 

* "The foregoing Vote was %vritten on an attested copy of an order of this court that 
Samuel Miller Esq'' as Guardian of the Puncapaug Indians should pay unto Nelson Finney 
Twenty eight Pounds eighteen Shillings & 8 pence." — Mass. Archives, xxxii., 630. 



334 



Province Laws {Resolves, etc.). — 1755-56. [Chaps. 22, 23.] 



Mass. 
Archives, 
lxxiv.,4-2-2. 
House Jour- 
nal, pp. 24, 30. 
Ante, p. 258, 
chap. 228. 



Eeacl and 

Ordered, That the Prayer of this Petition be granted, and that 
there be allowed and paid out of the Public Treasury to the Peti- 
tioner the Sum of two pounds ten shillings to enable him to dis- 
charge the Accompts therewith exhibited. \_Passed June 6. 



Legislative 
Records of the 
Council, XX., 
46.5. Mass. 
Archives, 
Ixxiv., 380. 

Mass. 
Archives, 
Ixxiv., 380. 
House Jour- 
nal, pp. 2.5, 31. 



CHAPTER 22. 

ORDER ALLOWING £2. 6. 6 TO MARY THOMPSON. 

A Petition of Mary Thompson of Nottingham, Widow of Joseph 
Thompson, shewing that her said Husband was taken sick in the 
publick Service, & came home & died of said Sickness, Praying that 
the Charge of Doctors may be paid out of the publick Treasury : 

Eead and 

Ordered That this Petition be revived; and That the prayer of the 
Pet'' be granted, and that the Pef be allowed and paid out of the 
Public Treasury the Sum of Two pounds six Shillings and six pence 
to enable her to discharge the account herewith exhibited. [Passed 
June 6. 



CHAPTER 23. 



Legislative 
Records of the 
Council, XX., 
465. Mass. 
Archives, 
xxxii., 619. 

Mass. 
Archives, 
xxxii., 618. 
House Jour- 
nal, pp. 26, 37. 
Ante, p. 110, 
chap. 256. 



ORDER IMPOWERING GUARDIANS TO SURVEY AND SET OFF TO JEFFRY 
AND MARY HENRY, INDIANS, THEIR RIGHTS IN COMMON LANDS 
WITH POWER TO SAID INDIANS TO SELL THE SAME. 

A Petition of JefEry Henry & Mary * Henry his Wife, of Provi- 
dence in Rhode Island Colony Indians, shewing that they have several 
Rights of Land in ISTatick within this Province, that they are now 
grown old & unable to support themselves by Labour, praying that 
they may be impowered to sell so much of said Land as their Gruar- 
dians and Trustees shall judge needful. 

Read and 

Ordered, That the Prayer of this Pet" be so far granted as that 
the Guardians of the Natick Indians, be and hereby are directed 
and impowered to Survey and sett off to the Pet" all such rights 
of Common Lands as they shall find to belong to the Pet" either 
in Natick or in any other part of the Province ; 

And that the Pet" be allowed and hereby are impowered (with the 
consent of the said Guardians) to make sale of so much of the same 
as they shall judge necessary for the support of the Pet" who are 
now so old as to be past their labour Seasonable public Notice being 
first given of the Time and place of Sale, the proceeds of said Sale 
to be put into the said Guardians hands, and they to be accountable 
to this Court for their proceedings herein. [Passed June 7. 

* The House Journal, p. 26, reads, " Mercy." 



[1st Sess.] Province Laws (^Resolves, etc.). — 1755-56. 335 



CHAPTEK 24. 

ORDER IMPOWERING JOSEPH EPHRAIM, INDIAN, TO SELL LAND. 

A Petition of Joseph Ephraim of Natick Indian, shewing that ^^^^^li'^^^f th 
being greatly advanc'd in Years and unable to Labour, he has been uouncu.xx., 
necessitated to contract considerable Debts, especially on his Chil- Archives?" 
drens Acco' praying for Liberty to sell some of his unimproved xxxii., 6i5. 
Lands for the Payment of said Debts, & for his future Support. Mass. 

T3 1 ^ Archives, 

Kead and xxxii.,6u. 

Ordered, That the Prayer of this Pet° be so far granted as that ^a'i?pp!^27!'36. 
the Pef^ (with the advice and Consent of the Guardians of the Anie,^\m, 
Natick Indians) be and hereby is allowed and impowered to make ^ ^''*^' ^^' 
Sale of so much of his said unimproved Lands as will enable him 
to discharge the Just Debts of his said deceased Children, as also 
to raise such further Sums of Money as the said Guardians shall 
judge sufficient for the Support of the Pef in his very advanced 
Age Seasonable public Notice of the Time and place of Sale being 
first given : The produce of the said Sale to be applied in the first 
place to the discharge of his said dec*^ Children's debts, and the 
remainder to the more comfortable Support of the Pet"^ for the 
future. [^Passed June 7. 



CHAPTER 25. 

ORDER IMPOWERING C^SAR FERRIT, INDIAN, TO SELL LAND. 

A Petition of Caesar Ferrit of Natick, Indian, Praying for Lib- Legislative 

liecords of the 

erty to sell Thirty Acres of his Land for Payment of his Debts con- councu, xx., 
tracted by Sickness, and for building a dwelling House & other Uses. — , 

Pporl Rr House Jour- 

^^^'^ ^ . , nal,pp.26,37. 

Ordered that the Prayer of the Petition be so far granted, as that Ante, p. no, 
the Petitioner be & hereby is allowed and impowered with the Ad- ° ^^' ^^^' 
vice & Consent of the Guardians of the Natick Indians to sell Thirty 
Acres of his Land in said Natick, and to execute a good Deed of 
Sale of the same, to the Person or Persons who will give the most 
therefor, seasonable Notice of the Time & Place of Sale being first 
given ; the Produce thereof to be applied in the first Place to the Dis- 
charge of the just Debts of the Petitioner, and to the building the 
Petitioner a suitable dwelling House, the Eemainder, if any there 
be to be applied to the best Advantage of the Petitioner, as the said 
Guardians shall direct. \_Passed June 7. 



336 



Province Laws {Resolves, etc.). — 1755-56. [Chaps. 26-28.] 



CHAPTEE 26. 



Legislative 
Records of the 
Council, XX., 
466. Mass. 
Archives, 
Ixxiv., 3-21. 

House Jour- 
nal, pp. 30, 38. 
Ante, p. 258, 
chap. 228. 



ORDER ALLOWING £4. 4. 10 TO DAN^- MOOR. 

A Petition of Daniel Moor, praying that he may be allowed out 
of the pnblick Treasury, the Charge he has been at in the Sickness 
of his Son, while he was a Soldier in the Expedition to Kennebeck 
River. 

Read and 

Ordered, That the Prayer of this Pet° be so far granted as that 
the sum of four Pounds, four shillings and ten pence be allowed 
and jDaid out of the Public Treasury to the Petitioner for his Ex- 
pences mentioned therein. \_Passed June 7. 



CHAPTEE 27. 

ORDER OF NOTICE ON THE PET^ OF JABEZ UPHAM & OTHERS OF 
THE FIRST PRECINCT TO BE ANNEXED TO THE THIRD PRECINCT 
IN BROOKFIELD. 



Legislative 
Records of the 
Council, XX., 
466. Mass. 
Archives, 
cxvii., 15. 

Mass. 
Archives, 
cxvii., 14. 
House Jour, 
nal, p. 39. 



A Petition of Jabez Upham, Ephraim Bartlet, John Rich & 
Obadiah Wright Inhabitants of the first Precinct in Brookfield, 
setting forth their Inconvenient Situation & Circumstances in the 
said Precinct, Praying that they with their Estates may be set off 
to the third Precinct in said Town. 

Read and 

Ordered, That the Pet" serve the first Precinct in Brookfield with 
this Petition by leaving an Attested Copy thereof with their Pre- 
cinct Clerk, That they shew cause (if any they have) on the second 
Wednesday of the next Sitting of this Court, why the Prayer thereof 
Should not be granted; and that the Collectors for the said first 
precinct are hereby directed not to Collect any Taxes laid on the ' 
Petitioners towards defreying the Charges of said Precinct, till the 
further Order of this Court. \^Passed June 7. 



CHAPTEE 28. 



ORDER ALLOWING £66. 13. 4 TO JOS. KELLOG. 



Legislative 
Records of the 
Council, XX., 
467. Mass. 
Archives, 
xxxii.,627. 

Mass. 
Archives, 
xxxii., 626, 628. 
House Jour- 
nal, pp. 10, 11, 
18, 40. Prov- 
ince Laws, iii., 
860, chap. 2. 
Ante, p. 267, 
chap. 255. 



A Petition of Joseph Kellog Esq"" shewing the Difficulty he meets 
with in getting Payment of a Sum allowed him on his former Peti- 
tion, for his Services to the Province, at divers Times and Places, 
as Interpreter of the Indian Language, praying for Relief from this 
Court. 

Read and Whereas it appears That the Pef has received a Grant 
from this Court of twenty Eight Pounds thirteen Shillings and four 
pence, and Obtained a Warrant from his Excellency the Gov"" to the 
Treasurer for the said Sum to be paid out of the Interest money 
that may be received of the agents of Lady Warren pursuant to an 
Ord'' of the Gen^ Court ; but inasmuch as there is no money in the 
Treasury As yet received of the Lady Warrants, [Warrens] Agents ; 
Therefore 



[1st Sess.] Province Laws {Resolves, etc.). — 1755-56. 337 

Ordered That upon the said Warrants being returned into the 
Secretary's office a New wan-ant be drawn upon the Appropriation 
of Contingences, and that there be an Addition to said Grant of 
Twenty Eight pounds thirteen shillings and four pence, of the 
further Sum of Thirty Eight pounds w^"" will make the whole 
amount to be sixty Six pounds thirteen shillings & four pence, 
and which is in full for the Pef^ said past Services ; Also 

Ordered That upon the Treasurers receiving said SuiTi of Sixty 
Six Pounds thirteen shillings and four pence into the Treasury from 
the agents of Lady Warren, he be directed to replace the same in 
the appropriation of Contingences. [^Passed June 7. 



CHAPTEK 29. 

ORDER ALLOWING £6. 8. 7 TO JOHN TUTE. ' 

A Petition of John Tute a Soldier in the late Expedition to Legislative 
Kennebeck River, shewing that upon his applying unto the Treas- councif xx!^^ 
urer for his Wages for his said Service, he found they had been ^7. Mass. ' 
received by one William Oliver by Means of a Counterfiet Order, ixxiv., 417. 
Praying to be allowed his Wages notwithstanding. Mass! ' 

Eeadand itxfv.I^'e. 

Ordered That the Petitioner be allowed and paid out of the Public House'jour- 
Treasury the Sum of Six Pounds Eight Shillings and seven pence in °'^ ' ^^* ' 
full for his Services mentioned in this Petition : Also 

Ordered, That the King's Attorney-General be directed to pros- 
ecute the said William Oliver for the forgery therein suggested to 
be comitted by him. \^Passed June 7. 



CHAPTER 30. 

ORDER IMPOWERING DANIEL THOMAS, INDIAN, TO SELL LAND. 

A Petition of Daniel Thomas of Natick, Indian, Praying for Legislative 
Liberty from this Court to sell some small Parcels of Out-lands in councif xx!*^^ 
Katick, the Produce of the same to be laid out for payment of his ^s. Mass. ' 
Debts, contracted by Means of Sickness, and for purchasing other xxxii.^eli. 
Lands adjoining to his Homestead. Mass ' 

I^eadand _ xxxii.TI^'o. 

Ordered. That the Prayer of this Pet" be so far granted, as that House'jou'r- 
the Pef (with the advice & Consent of the Guardians of the Natick Ante,^'. no, * 
Indians) be and hereby is allowed and impowered to make Sale of ^"^^p- '■^^^• 
his said out Lands mentioned therein Seasonable public Notice of 
the Time & place of Sale being first given ; the Produce thereof to 
be applied in the first place to the payment of the Pet" just debts 
accruing by reason of his Wife's and Children's Sickness & Nurs- 
ing, the remainder to be applied to the purchasing Land adjoining 
to the Pet" house Lott, as the said Guardians shall judge will be 
of the greatest advantage for his Improvement. \^Passed June 7.' 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 9. 



338 



Province Laws {Resolves, etc.) . — 1755-56. [Chaps. 31, 32.] 



CHAPTEK 31. 



Legislative 
Records of the 
Council, XX., 
480. Mass. 
Archives, 
lxxiv.,443. 

Mass. 

Archives, vi., 
206;lxxlv., 443. 
Legislative 
Records of the 
Council, XX., 
462,463. House 
Journal, pp. 34, 
36, 42, 43. 
Ante, p. 294, 
Chap. 321, 



ORDER ACCEPTING REPORT OF COMMITTEE ON THE PAY OF THE 
INDIANS OF THE SIX NATIONS FOR CROWN POINT EXPEDITION. 

The Committee appointed to take under Consideration his Ex- 
cellency's Message of the G**" Instant have so far attended the Ser- 
vice as to consider the Extract from Major General Johnsons Letter 
referred to in his Excellency's said Message, & report as their humble 
Opinion. That a Sum not exceeding Six hundred Pounds be 

granted & allowed to be paid out of the publick Treasury of this 
Province, for the Service of the Expedition against Crown Point, 
to be applied towards engaging the Indians of the Six Nations, and 
supporting them and their Families during the Continuance thereof; 
and that the Treasurer be directed to reserve the aforesaid Sum, to 
be always ready to answer any Drafts on him by Major General John- 
son for the Purpose aforesaid, Provided that the said Major General 
be accountable therefor, and that he draw on the Treasurer for so 
much only of the whole Charge, as shall be in Proportion to the 
Number of Troops, in the Pay of this Province, compared with the 
whole Forces of the several Colonies concerned in the Expedition. 

That for every Company of Indians consisting of One hundred 
Men there be allowed Wages To a Captain at the Rate of Nine 
Pounds Sterling per Month : To a Lieutenant at the Eate of 

Six Pounds Sterling per Month : & To an Ensign at the Rate 

of Four Pounds Sterling per Month ; Their Pay to commence at the 
Time when they shall receive their Commissions. 

That the Wages of the General or Commander in Chief of the 
Forces in the aforesaid Expedition be at the Rate of Twenty five 
Pounds Sterling per Month, to commence at the Date of his Com- 
mission ; That this Province do pay towards the Wages of the 
Genera], and also towards the Wages of the Officers over the Indian 
Forces, in the same Proportion as is before proposed in this Report 
it should pay towards the Charge of securing & supporting the said 
Indians. Per Order John Otis. 

Read and 

Ordered That this report be Accepted. [^Passed June 7.* 



Legislative 
Records of the 
Council, XX., 
468. Mass. 
Archives, Ixv., 
95. 

Mass. 

Archives, ixv., 
93. House 
Journal, 
pp. 33, 46. 



CHAPTER 32. 

ORDER DIRECTING THE PROVINCE TREASURER TO WITHDRAW HIS 
EXECUTION AGAINST CALEB HUTCHINS, AND TO CREDIT THE TOWN 
OF KITTERY WITH £22. 11. 6. 

A Petition of Caleb Hutchins of Kittery, shewing that he was 
ordered by the Select Men of said Town in the Year 1746 to take 
a List of Vessels belonging to said Town, & upon Warrant from 
the Treasurer, to collect the Sum of £21.11.6 set on said Vessels, 
and altho he never received any Warrant from the Treasurer for 
that Purpose, yet he demanded the said Tax of the Owners of the 
said Vessels ; but they utterly ref us'd paying him, and yet the Treas- 
urer has issued out an Execution against him, and praying for Relief. 

1 This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council the date is June 14. 



[1st Sess.] Province Laws [Hesolves^ etc.). — 1755-56. 339 

Eead, and Whereas it appears to this Court that the Select Men 
of the Town of Kittery mistook the Law in levying an Assessment 
upon the Vessels referred to in this Petition; and that the Pet' had 
no Authority to collect the same: Therefore 

Ordered That the Province Treasurer be, and he is hereby directed 
to withdraw his Execution which he has issued against the Pef And 
that he discharge the Town of Kittery of the Sum of Twenty one 
Pounds eleven shillings and six pence new Tenor which they stand 
charged with in his Books for the aforesaid Assessment. [Passed 
June 9. 



CHAPTER 33. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BARNSTABLE 

COUNTY. 

An Accompt presented by Jonathan Bacon Treasurer of the Legislative 
County of Barnstable for the last Year, having been laid before councif xx!^^ 
the Court of General Sessions of the Peace for the said County & 468. Mass. 

■L XI n J Archives, 

by them allowed. ccxiviii., i67. 

Eead and House Jour- 

Ordered That this Accompt be allowed; and that the Balance na^pp-is.si, 
thereof being thirteen pounds seventeen shillings And one peny 
three farthings the said Treasurer be further accountable to the 
said County for. [Passed June 9. 



CHAPTER 34. 

VOTE DESIRING THE GOVERNOR TO APPOINT A FAST. Legislative 

Records of the 

Voted that His Excellency the Governour be desired with the 468. Mas's^ '' 
Advice of the Council to appoint a Day as soon as conveniently ^3?^^"^^^' ^"^■' 
may be to be Sett apart for solemn Easting and Prayer to implore House Jour- 
the divine Protection and Blessing upon the great and important °ai, p. 4s. 
Expeditions, We are Engaged in. And that all servile Labour andThanks- 

and Kecreations be forbidden on said Day. ' [Passed June 9. I7w°l?|iandf 

p. 497. 



CHAPTER 35. 

ORDER ALLOWING 40/ ANNUALLY TO NATH^- HIX. 

A Petition of Nathaniel Hix of Kittery shewing that by Eeason Legislative 
of Wounds he received at Cape Breton he is still unable to do any councff xx^^^ 
Thing for his Support, praying for some Allowance out of the pub- 469. Mass'. '' 
lick Treasury. bcx^^v.I^. 

Eead and u^. 

Ordered, That the Pef be allowed and paid out of the Public J^^^j^^''^^^ 
Treasury annually during the Term of his Natural Life the sum House Jou'r- 
of Forty shillings in Consideration of his past Services & Sufferings, 'i^^' pp- 2'. 4i. 
[Passed June 9. 

' The fast was appointed for July 3, 1755, and was public. 



3^0 



Province Laws {Resolves, etc.). — 1755-56. [Chaps. 36-38.] 



CHAPTER 36. 



ORDER IMPOWERING DIVERS MASHPEE INDIANS TO SELL LAND. 



Legislative 
Records of the 
Council, XX., 
i69. Mass. 
Archives, 
xxxii., 617. 

Mass. 
Archives, 
xxxii., 616. 
House Jour- 
nal, pp. 40, 47. 
Ante, p. 110, 
chap. 256. 



A Petition of divers Indians of Marshpee, setting forth the 
Serviceableness of Ebenezer Thomas to their Village, and praying 
that they may be allowed to sell to him Four Acres of Land par- 
ticularly mentioned in the Petition. 

Read and 

Ordered That the Prayer of this Pet" be so far granted as that 
the Guardians to the said Indians be and hereby are impowered to 
Execute a Deed of Sale to the within named Eben"" Thomas of the 
Land petitioned for to be sold, he paying them what they shall judge 
the Land to be reasonably worth, and that the said Guardians be 
Accountable for the monies arising by said Sale as they by Law are 
Already Obliged to do for all monies of the said Indians that come 
into their hands. \^Passed June 9. 



CHAPTER 37. 

RESOLVE ESTABLISHING THE GORE OF LAND BETWEEN BRAINTREE 
FARMS AND BROOKFIELD, AS PART OF THE DISTRICT OF NEW 
BRAINTREE, THE OAVNERS THEREOF TO PAY A TAX OF ONE PENNY 
PER ACRE FOR THREE YEARS. 



Legislative 
Records of the 
Council, XX., 
461). Mass. 
Archives, 
cxvii., 25. 

Mass. 
Archives, 
cxvii., 24. 
Hoiise Jour- 
nal, pp. 16, 46. 
Province 
Laws, xiv.,453, 
chap. 116; 
653, chap. 62. 



A Petition of the Inhabitants of the Plantation called N"ew 
Braintree, setting forth the Difficulties they are under in raising 
their Tax on the Laud formerly belonging to John Quincy Esq'' 
which they apprehend lies within the Line of their District, pray- 
ing that this Court would pass such further Order in this Affair, 
as may determine the Controversy. 

Read, and 

Resolved that the Gore of Land in this Petition mentioned formerly 
belonging to John Quincy Esq"" lying between Braintree farms (so 
called) and Brookfield Containing three hundred and twenty Acres, 
was by the true Intention of the great & General Court meant to be 
included, x\nd that the same shall be deemed and understood for the 
time to come to be included within the bounds of the District of New 
Braintree as sett ofi by the said General Court, And that the Owners 
& Possessors of the same ought to pay, And they are hereby Sub- 
jected & Ordered to pay their proportion of the said Tax of one 
peny p Acre imposed on the Lands in said District for three years 
accordingly, in consequence of the said Order of this Court. [Passed 
June 9. 



CHAPTER 38. 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLESEX 

COUNTY. 



Reford"oi the -^^ AccoMPT presented by Daniel Russell Esq'' Treasurer of the 

Council, XX., County of Middlesex for the last Year, having been by him laid 

ArchiYes^' before the Court of General Sessions of the Peace for the said 

ccxlviii., 169. 



County, and by them allowed. 



[1st Sess.] Province Laws (Besolves, etc.). — 1755-56. 341 

Read and Mass. 

ArClllVGS 

Ordered That this Accompt be allowed; [and] * that the Ballance ccxivin./ieg. 
thereof being nineteen pounds three shillings and two pence the nail^ppl^is.'si, 
said Treasurer be accountable to the said County for. [Passed *2- 
Ju7ie 10. 



CHAPTER 39. 

ORDER ACCEPTING REPORT OF COMMITTEE ON THE PET** OF MIDDLE- 
BOROUGH FIRST PRECINCT. 

The Committee to whom was referr'd the Petition of the first Legislative 
Precinct in Middleborough, [ante, p. 191, chap. 64] having repaired councif.xx!, ^ 
to said Middleborough, heard the Petitioners & considered their Cir- ArcWves^^" 
cumstances, do report as our Opinion that the two Easterly Precincts cxyi.,716.' 
in said Middleborough, be reunited into one Precinct to all Intents Mass. 
& Purposes, as they were at the Death of the late Rev^ M'' Peter ^xvi^Itis! 
Thatcher, or before their Division, into two Precincts by the Gen- ^.fi"^® 5° '^'■' 
eral Court; Saving the Inhabitants of the Precinct whereof, the ^We, p.igi, 
Eev^ M^ Thomas Weld was late Pastor shall have full Power & chap.64. 
Authority to raise such Sums of Money on themselves, and assess 
their Inhabitants for the same, as may be necessary to pay the 
just Debts of the said Precinct to this Time, as also to sue for any 
Debts due to said Precinct, and to raise such Sums of Money as 
may be necessary to defend any Law Suits that are or may be com- 
menced against them, as a Precinct; and that one Years time be 
allowed to said Precinct to settle their Accompts & no more, sav- 
ing only where any Law Suits are or may hereafter be commenced 
against them ; or they may be obliged to commence any Law Suit 
in Order to recover any Moneys that may be due to them as a Pre- 
cinct; And that for the future the Minister for the Time being 
of the said Precincts thus united enjoy the whole Benefit of the 
Parsonage or Ministerial Lands that lay in both Precincts, for the 
Use of the Ministry, and that the Polls and Estates of the whole be 
taxed to the Support of the Rev'^ M"" Sylvanus Conant, the present 
Minister and to his Successors in the Ministry in said Precinct, and 
to all Precinct Charges, saving such Persons as are hereafter ex- 
cepted ; And whereas there are a Number of Persons in said Pre- 
cinct very desirous of attending the publick Worship in some of 
the Neighbouring Congregations. We are further of Opinion, for 
the healing the Divisions that are as yet unhappily subsisting among 
them, that so long as Capt Joel Ellis, Benjamin Churchill, Thomas 
Ellis, Perez Churchill, Benjamin Churchill jun', Peter Tinkam, Nehe- 
miah Bennet, Jacob Thompson, Deacon Sam' Barrow, Combes Bar- 
row, James Palmer, Samuel Fuller & Hester Benet shall generally 
attend the publick Worship of God in the second Precinct in Plymp- 
ton ; and that so long as Joshua Benson, Rowland Benson, Elnathan 
Benson, Ezra Muxam & Charles West shall generally attend the pub- 
lick Worship of God of God * in Warham, and that so long as that 
John Read, Thomas Dogget, Rodolphus Elmes & William Read shall 
generally attend the publick Worship of God in the second Precinct 
in Middleborough, and that so long as that Jacob Bennet shall gen- 
erally attend the publick Worship of God in the third Precinct in 
Rochester, and shall produce Certificates from either of the Deacons 

* Inserted from Legislative Records of the Council, xx., 470. 
=> Sic. 



342 



Province Laws (Besolves, etc.). — 1755-56. [ Chap . 40 . ] 



of the Churches in said Towns or Precincts, or from the respective 
Town or Precinct Clerks, that they do so attend, to the Treasurer 
of the said united Precinct in Middleborough, said Treasurer shall 
pay to the Minister of said Town or Precinct where said Persons 
attend the publick Worship as aforesaid, the respective Sums such 
Persons are taxed from time to time in said Precinct in Middleboro 
towards the Support of the Minister there; and that all such Per- 
sons as hereby have Liberty to attend the publick Worship of God 
in the aforesaid Congregations, shall have no Liberty to vote or act 
in any Affairs in said united Precinct in Middleboro, neither shall 
their Polls or Estates be taxed in said Precinct, for any Precinct 
Charges, saving only for the Support of the Minister, so long as 
they continue to attend the publick Worship in other Congrega- 
tions, and produce Certificates as aforesaid : And that these Pre- 
cincts thus united shall be stiled & accounted, as it originally was, 
the first Precinct in Middleborough. 

And we are further of Opinion, that if, by Means of the Min- 
isters of the several Towns and Precincts receiving of the Treas- 
urer of the said first Precinct in Middleborough, the Sums that 
the Persons before mentioned shall be respectively taxed from time 
to time, for the Support of the Minister in the said first Precinct, 
there should any Deficiency happen in the Sum agreed upon for 
his Salary, that the Assessors for the time being for said Precinct 
be directed & impowered, in their Assessing the Inhabitants from 
time to time to assess them a sufficient Sum to make good such 
Deficiency. Which is humbly Submitted. 

George Leonard ) 
Dated at Middleborough, May 8. 1755. Tho« Foster [ Com'^^ 

Tho« Clap ) 

Read and 

Ordered that this Report be Accepted and that the Charge of the 
Committee being Four Pounds eleven shillings be born by the first 
Precinct in Middleborro as now reunited. [Passed June 10. 



CHAPTER 40. 



ORDER ALLOWING £3. 4. TO JON-*^ NUTTING. 



Legislative 
Records of the 
Council, XX., 
472. Mass. 
Archives, 
lxxiv.,433. 

Mass. 
Archives, 
Ixxiv., 433. 
House Jour- 
nal, pp. 45, 48. 



A Petition of Jonathan Nutting, late a Soldier at Fort Halifax, 
Praying that this Court would allow him out of the publick Treas- 
ury the Charges of his Sickness contracted while he was in the pub- 
lick Service as aforesaid. 

Read and 

Ordered That the Sum of three pounds four Shillings be allowed 
and paid out of the Public Treasury to the Petitioner or his Order 
in full Satisfaction for the Charges necessarily expended in his Sick- 
ness therein mentioned. [Passed June 10. 



[1st Sess.] Province Laws (Besolves, etc.), — 1755-56. 343 



CHAPTER 41. 

VOTE REQUESTING THE CAPT GENERAL TO DECLARE WAR AGAINST 
THE ARASAGUNTACOOK INDIANS AND ALL OTHER TRIBES OF 
INDIANS EAST OF THE PISCATAQUA RIVER EXCEPT THE PENOBSCOT 
TRIBE, TO NEGOCIATE WITH THE PENOBSCOT TRIBE, TO ESTABLISH 
BOUNTY FOR PRISONERS AND SCALPS AND TO PROVIDE FOR THE 
DEFENCE OF THE EASTERN AND WESTERN FRONTIERS. 

Voted, That His Excellency the Captain General and Governour Legislative 
be desired immediately to declare War against the Arasaguntacook oounctf xx!^^ 
Tribe of Indians, and all other the Tribes of Indians eastward & 473. Mass. 
northward of Piscataqua Eiver, the Penobscott Tribe only excepted, ixxiv., U7. 



That His Excellency be desired to inform said Penobscott Tribe, Mass. 
that this Government is sincerely desirous to maintain Peace and ^^^^Le^'ishT^"' 
Amity with them, and to take into their Pay and Subsistence all tive Records of 
such of their Tribe as are able body'd effective Men, capable of x*x.,^^58"*/s!' 
bearing Arms, and will act offensively with us, against those Tribes ^ai*^^,*^ '^4y"52 
of Indians, who in the most audacious and perfidious Manner, have 53, k. 'prov- 
violated their solemn Treaties of Peace with us; and upon which, ^iv^agsy^' 
by all the Treaties now subsisting between us and the Penobscott ^•'^^p- Jf^g^^ 
Tribe, they are obliged to take up Arms as aforesaid : And that upon chap! 36i. 
their so Doing this Government will at their own Charge take Care 
of, and support their Invalids, Women and Children, if they will 
come amongst Us, and put themselves under our Protection. 

That for the Defence of the Eastern Frontiers, a Marching Army 
be raised by Inlistment, consisting of Three Hundred Men, exclu- 
sive of Officers; that they be constantly employ'd in Scouting, and 
that their Destination be as follows- 

That Fifty Men be employ'd in Scouting from Lebanon to Saco 
Eiver ; Sixty Men from Saco Eiver to New Boston, by the Way of 
Pearson, and Hobbs Town and New Glocester, ninety Men from 
New Boston to Franckfort ; One Hundred Men from Franckfort to 
the Truck House on S* George's Eiver. 

That the Pay for the Officers and Soldiers be the same as is now 
established for the Officers and Soldiers in the intended Expedition 
against Crown Point, and the Subsistence the same, as was allowed 
to marching Forces, during the last War, and a Bounty of Three 
Dollars be given to each Soldier that may inlist, and find his own 
Gun. 

That the following Bounty be granted and allowed, to be paid 
out of the Publick Treasury over and above the Encouragement 
aforesaid ; 

For every male Indian Prisoner above the Age of Twelve Years, 
that shall be taken and brought to Boston, Fifty Pounds. 

For every male Indian Scalp brought in as Evidence of their 
being killed. Forty Pounds. 

For every Female Indian Prisoner taken and brought in as afore- 
said, and for every male Indian Prisoner under the Ago of Twelve 
Years taken and brought in as aforesaid, Twenty-five Pounds. 

For every Scalp of such Female, or male Indian under twelve 
Years of Age, brought in as Evidence of their being killed as 
aforesaid, Twenty Pounds. 

That there be but two Commission Officers, Viz* a Captain and 
Lieutenant to a Company of not less than Forty five men; that the 
Establishment be for Five Months, to Commence from the Twen- 



344 



Province Laws (Hesolves, etc.). — 1755-56. [Chap. 42.] 



tieth Day of June Instant and no longer; That the Pay and Sub- 
sistance of the Soldiers that may be inlisted as aforesaid commence 
upon the Day of their Inlistment, and that an Establishment be 
made accordingly. 

Also 

Voted, That Fort Hallifax, and the Store House at Cushnoc be 
garrison'd with Eighty Men and no more. 

Fort at Brunswick five men and no more. 

Fort Frederick at Pemaquid, with Twenty Men and no more. 

The Truck House at S* George's with Forty three Men and no 
more. 

The Truck house at Saco with Fifteen Men and no more. 

Also 

Voted, That Richmond Fort is of no Service for the Defence of 
the Eastern Country, and therefore that the Captain General be 
desired to dismantle the same, and give Orders for the Removal of 
the Province Stores which are there; And that His Excellency the 
Captain General be desired to give Orders that all those Men who 
were impressed to guard the Province Stores up to Fort Hallifax 
be dismissed upon their having performed that Service. 

And for an Additional Security to the Western Frontiers, 

Voted, that there be Four Men at Fort Dummer and no more. 

At Fort Massachusetts, Forty Men and no more. 

At Pontoosuck, Eleven Men and no more. 

For the three Garrisons at Charlemont, Twenty four Men and 
no more. 

At the three Garrisons at Colarain, Twenty four men and no 
more. 

At the two Garrisons at Fall Town Fourteen Men and no more. 

At Northfield and Greenfield, Twenty Men and no more. 

And that the Pay of the Officers and Soldiers in the several Forts 
and Garrisons be the same as was provided by the last Establishment 
made for said Forts and Garrisons. 

And that if in the Judgment of the Captain General, he shall 
hereafter find it necessary that there be a Number of Men employ'd 
in Scouting between the Rivers of Connecticut and Merimack, that 
he be desired to raise Thirty Men by Inlistment, and destine them 
there for that Purpose, for the Time aforesaid, and that the same 
Pay, Subsistance and Bounty be allowed them, as are allowed to 
the marching Forces proposed to be raised on the Eastern Fron- 
tier; and that an Establishment be made accordingly. [Passed 
June 10.^ 



CHAPTER 42. 



ORDER ACCEPTING RE?ORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF PLYMOUTH AND ALLOWING £6. 5. 11 FOR THE EX- 
PENSE THEREOF. 



LegiBiative ip-^j, QoMMiTTEE appointed to farm out the Excise on Spirituous 

Recoras of the _ . , . ■, r « t^i ii ji,ii,ii iij 

Council, XX., Liquors &c^ 111 the County oi Plymouth, reported that they iiad let 
472. Mass. ^^^^ ^i^g g^j^g ^Q ^jr getj^ Bryant for £330." and have taken his Bond 

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

* For the year 1754-55. See the House Journal, p. 11. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1755-56. 345 

with Sureties & lodged it with the Province Treasurer, their Acco* ^b?"^^^^^' ^'^''•' 

of Charge being £6.5.11. ' ^^^^ 

Read & Accepted, and Archives, cxx. 

Ordered^ That the Sum of Six pounds five Shillings and eleven jo''uriSi*"rii. 
pence be allowed & paid out of the publick Treasury to the Said ^^u, p/242, 
Com*^® for that service & in discharge of their Account. \Pa88ed ^ ^^^' 
June 11. 



CHAPTER 43. 

ORDER DIRECTING THAT GEO. HARRINGTON AND ASSOCIATES REMAIN 
ANNEXED TO THE DISTRICT OF SPENCER. 

A Petition of George Harrington for himself & his Associates, Legislative 
shewing that by Order of the General Court they were set off from councif x*x*.''^ 
the Town of Brookfield to the District of Spencer, where they have 4V2. Mass. 
done Duty in all Respects, notwithstanding which the third Precinct 514, sis. ' '' 
in Brookfield have taxed them to the Charge of that Precinct, Pray- Mass. 
ing for Relief from this Court: ^s?*" House''"' 

The Committee To whome was Refered the Memorial of George Journal, pp. 51, 
Harrington in behalfe of him Self and his asociates having Con- p?42|"chap.'9b. 
sidered the Same, find the Facts therein Set forth to be true, and 
having made Strict Inquiry, we find That the Committee appointed 
by this Court to Repair to the Town of Brookfeild in the year 1754, 
To View There circomstances and Reporte, Did Xot View that Part 
of the Town of Brookfield Which was Set off and annexed to the 
Distrect of Spencer, Neither did they Supi^ose that the Memorielest 
or his Asociates were Set Back from the Distrect of Spencer to the 
third preceinct in Brookfield , The Committee are therefore of Opinion 
that the prayer be So far Granted that the Said George Harrington 
and his asociates Remain to the Distrect of Spencer as fully as if 
No Division had been made in the Town of Brookfield all which is 
Humbley Submitted 

Samuel Livermoke <g>'' order 

Read and Whereas it appears to this Court that the Com*^® ap- 
pointed to Repair to the Town of Brookfield in order to a Division 
thereof into separate Precincts, did not view that part of said Town 
where the Memorialist & his Associates dwell, and had No Appre- 
hension of their being set back from the district of Spencer (they at 
that time belonging thereto) to the s'^ third precinct in Brookfeild: 

Therefore 

Ordered that the Prayer thereof be so far granted as that the said 
George Harrington »& his Associates mentioned, remain annexed to 
the said District of Spencer as fully, and to all intents and purposes 
as if no Division had been made of Said Town of Brookfield into 
seperate Precincts, any thing in the Act for said Division passed 
this Court the last year Notwithstanding. \^Pa88ed Jv.ne 11. 



346 



Province Laws {Resolves^ etc. ) . — 1755-56. [Chaps. 44-46.] 



CHAPTER 44. 



Legislative 
Records of the 
Council, XX., 
473. Mass. 
Archives, xxi., 
296. 

Maes. 

Archives, xxi., 
294. House 
Journal, pp.35, 
39, 54, 55, 61, 62, 
63. 



VOTE CHOOSING JOHN SHARPE, ESQ^ AGENT AT THE COURT AT GREAT 

BRITAIN. 

This day being appointed for the Choice of an Agent at the 
Court of Great Britain in the Eoom of William Bollan Esq" who 
has resigned the Votes being Sorted and Counted it appear'd that 
John Sharpe Esq'' was Chosen by a Major Vote of the Council and 
Eepresentatives. \_Passed June 11. 



CHAPTER 45. 

ORDER ACCEPTING REPORT OF COMMITTEE ON THE LETTER OF JOSIAH 

REAL. 



Legislative 
Records of the 
Council, XX., 

474. Mass. 
Archives, Ixv., 
92. 

Mass. 

Archives, Ixv., 
90. Legisla- 
tive Records of 
the Council, 
XX., 470. 
House Jour- 
nal, pp. 47, 61. 



The Committee to whom was referr'd a Letter from Josiah Beal 
to the Captain General for their Consideration of the same, beg 
Leave to report that they are unanimously of Opinion that it will 
not consist with the Safety of the Government, in the present Con- 
juncture of Affairs, to permit the said Beal to proceed to Sea in 
the Vessel he now Commands or in any other for two Months next 
Coming, and that therefore the Captain General be desired to take 
effectual Measures to prevent the same at all Events : All which 
is humbly submitted : 

Per John Greenleaf per Order. 

Eead & 

Ordered that this Eeport be accepted. \^Passed June 11. 



CHAPTER 46. 

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



Legislative 
Records of the 
Council, XX., 
475. Mass. 
Archives, xix., 
299. 

Mass. 

Archives, xix., 
300. House 
Journal, pp. 38, 
57, 63. 



A Petition of Elizabeth Patten Administ^ of the Estate of John 
Patten late of Tewksbury dec^ shewing that there is a considerable 
Debt lying upon the said Deceased's Estate beyond what the Per- 
sonal Estate will discharge; And praying that the whole real Estate 
may be sold as being best for the Children. 

Eead and 

Ordered, That the Pef in her said Capacity of Admin^ be and 
hereby is fully impowered to make Sale of The Buildings and Land 
in-the Pet"^ mentioned for the most the same will fetch, and to make 
and execute a good Deed or Deeds of the same; Provided That she 
give sufficient Caution to the Judge of Probate for the County of 
Worcester, That the Overjalus Money arising by Said Sale (after the 
Just Debts due from the s^ Estate are paid, and the Widow's Dower 
secured to her) be distributed to and among the Children & the legall 
representatives of the said John Patten deceased. According to Law, 
two thirds thereof upon the Settlement of said Estate, and the other 
third at her decease. \^Passed June 12. 



[1st Sess.] Province Laws {Besolvesy etc.). — 1755-56. 347 



' CHAPTER 47. 

TOTE ESTABLISHING WAGES OF OFFICERS AND SOLDIERS ON EASTERN 
AND WESTERN FRONTIERS. 

Voted, That the Establishment for Wages of the Officers & Sol- ^^^^^^^^ 
diers and Centinels for the Eastern & Western Frontiers be as fol- ixx-iv.,45'6. 
lows, for a term not exceeding five months : Viz*^ House Jour- 

nal, pp.49,6-2. 

Ante, p. 343, 
For a Captain of the Marching forces .... £4. 16. i> Month chap. 41. 

For one Lieutenant ... « . « ^ 



For three Sergeants each 

For two Corporals each 

For a Centinel 



3. 4. D« 

1. 14. 1. Do 

1. 9. 10. D" 

1. 6. 8. D» 



And for the Garrison Officers and Soldiers, for a Term not exceed- 
ing Six Months, as follows: Viz'' 

For a Captain £4. 0. 0. P month 

For one Lieutenant 3. 0. 0. D° 

For a Sergeant to twenty men 1. 10. 0. D" 

For a Clerk 1. 10. 0. D° 

For a Corporal to Twenty men 1. 10. 0. D" 

For a Drummer 1. 8. 0. D" 

For a Centinel 1. 4. 0. D" 

For an Armourer at the Westward . . . . 3. -0. 0. D° 

And that the same allowance be made for their Subsistence as 
has been heretofore made for Marching and Garrison Soldiers. 
[Passed June 12. 



CHAPTER 48. 

VOTE DISTRIBUTING THE TEMPORARY LAAVS OF THE PROVINCE. Legislative 

Records of the 

1 . 1 -Ar 1 i> 1 /^ in 1 Council, XX., 

Voted That each ol the Members oi the present General Court who 476. Mass. 
did not belong to the Gen' Court the last Year, shall be intitled to the xnx^lsl' 
Temporary Laws of this Province, at the public Charge. [Passed House Jour 

chap. 346. 



CHAPTER 49. 

ORDER ALLOWING £13. 13. 4 TO SARAH FOX, ADM^. 

A Petition of Sarah Fox, Widow & Administratrix of John Fox Legislative 
late of Littleton dec*^ shewing that her Husband being in the pub- ^ouncff xx'^'^^ 
lick Service in the Expedition on Kennebeck River, contracted a 479. Mass. "' 
Sickness that proved Mortal, Praying for Payment of his Sickness ^g^^ "^^^' ^'^•« 
& Funeral Charges out of the publick Treasury. m^^^ 

Read & ^^^Hotlse ^■' 

Ordered That the Prayer of this Pet° be so far granted as that Journal, 
there be paid out of the Public Treasury to the Pef the sum of pp-^^'^*- 
thirteen Pounds thirteen shillings and four pence in full discharge 
of the Acco*^ therewith exhibited. [Passed June IS. 



348 



Province Laws {Resolves, etc.). — 1755-56. [Chaps. 50-52.] 



CHAPTER 50. 



ORDER ALLOWING £14 TO ICHABOD LEONARD. 



Legislative 
Records of the 
Council, XX., 
479. Mass. 
Archives, 
Ixxiv., 426. 

Mass. 
Archives, 
Ixxiv., 425, 426. 
House Jour- 
nal, pp. 57,70. 



A Petition of Ichabod Leonard late a Soldier in the Expedition 
upon Kennebeck Eiver, praying that the Charges of his Sickness 
contracted by the Hardships he endured in that Service, may be 
paid out of the publick Treasury. 

Eead and 

Order''cl that the Prayer of this Pet° be so far granted as that 
there be allowed and paid out of the Public Treasury, to the Pef 
the sum of fourteen Pounds, towards enabling him to pay the Doc- 
tor's Bill therewith Exhibited. \^Passed June 13. 



CHAPTER 51. 



ORDER ALLOWING £9.3.2 TO JOHN FOX. 



Legislative 
Records of the 
Council, XX., 
480. Mass. 
Archives, 
Ixxiv., 332. 

Mass. 
Archives, 
Ixxiv., 332. 
House Jour- 
nal, pp. 41, 65. 



A Petition of John Fox late a Soldier in the Expedition upon 
Kennebeck River, Praying that he may be allowed out of the pub- 
lick Treasury the Charge of his Sickness contracted by his Hard- 
ships endured in that Service, 

Bead And 

Ordered That the prayer of this Petition be so far granted as that 
there be paid out of the Public Treasury of this province to the said 
John Fox the sum of nine pounds three shillings and tAvo pence in 
full discharge of the Acco* therewith exhibited. [^Passed June 13. 



CHAPTER 52. 



VOTE desiring THE CAPf GENERAL TO ORDER THE DELIVERY OF 
POWDER FOR THE CROWN POINT EXPEDITION. 



Legislative 
Records of the 
Council, XX., 
480. 

Legislative 
Records of the 
Council, XX., 
468. House 
Journal, p. 68. 
Ante, p. 294, 
chap. 321; 
p. 296, chap. 
325. 



A Memorial of the Committee of War for the Expedition to 
Crown Point, shewing that they have not been able to purchase 
any Gun Powder, nor have any Prospect of doing it soon, (all at 
the Market having been bought up for the Expedition to Nova 
Scotia,) and New Hampshire & Connecticut Governments depending 
in a great Measure upon this Province to be furnished here ; There- 
fore, praying that the Memorialists may be impowered to take one 
hundred Barrells out of the publick Magazines Read & 

Voted that his Excellency the Captain General be desired to give 
Orders that Two hundred Barrells of Powder be delivered out of 
the Magazines of this Province to the Committee of AYar, in order 
to their being transported to Albany for the Use of the Forces em- 
ployed on the Exped" to Crown Point. \^Passed June 13. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1755-56. 349 



CHAPTEK 53. 

VOTE ALLOWING BOUNTY FOR SCALPS AND CAPTIVES ON THE WEST- Legislative 

ERN FRONTIERS. Kecords of tlie 

COUUCll, XX., 

481. Mass. 

Voted that the Same bounty for Indian Scalps and Captives be bc^xiv.^458. 

allowed to the forces on the AVestern Frontiers as is allowed to the -^^^^^ ' 

Forces on the Eastern Frontiers Arciiives, 

Also that the same Bounty be allowed to all Persons who are House'jour- 
Inhabitants of this Province that shall Captivate or kill any Indian ^nie'?,'l%'^' 
Enemy, and shall produce such Indian or Scalp in Evidence. [Passed chap! 4i. 
Ju7ie 14. 



CHAPTEK 54. 

RESOLVE THAT 300 OF THE 1,500 MEN RAISED FOR CROWN POINT 
EXPEDITION BE USED IN THE NIAGARA EXPEDITION. 

Resolved That three hundred of the fifteen hundred Men raised R®*^'®'f "^^ ^h 
by this Province for the Expedition to Crown point be allowed council, xx., 
(if they Voluntarily inlist) to proceed with the forces destined to Archi^^es^,^' 
Niagara: Provided that the Enlistment of the other twelve hun- ixxiv., 457. 
dred men to be raised by this Province be Compleated : Pro- Legislative 

vided also that the said three hundred Men be transported and councif, xx.,^ 
subsisted without any Expence to this Province, And shall be dis- jo^urnai,pp"7T 
missed at the End of Eight Months from their Inlistment : Pro- "5, 76, 78. 
vided also that the full Number of three thousand seven hundred ciTap'.sk, ' 
Men agreed upon to be raised by the several Governm*® appear upon 
the Muster at Albany for the Expedition to Crown point and are 
Ordered to that Service. [Passed June 14. 



CHAPTEK 5^. 

VOTE ALLOWING BOUNTY FOR L5 VOLUNTAS ON Y^ WEST^ FRON- 
TIERS. 

Voted that there be an Addition of fifteen Men for the service Legislative 
of the Western Frontiers to be employed as the Cap*^ Gen' shall councff xx'""^ 
Order And that to prevent an Impress there be a Bounty of three ^si- Mass. '' 
Dollars ^ Man allowed to each Man that finds his own Gun the it^xi^'.l452. 
Money to be paid into the Hands of Israel Williams Esq' for that Ante, p. 343, 
Service He to be accountable.* [Passed June 14. chap'.4i. 



CHAPTEK 5Q. 

RESOLVE ALLOWING BOUNTY FOR 15 MEN AT FORT MASSACHUSETTS. Legislative 

Records of the 

Resolved That in Order to prevent an Impress of Men there be 482"°Ma8s^■' 
a bounty of three Dollars per Man allowed to fifteen men who shall b^xfv.Ilsi. 
inlist for fort Massachusetts, and find their own Gun, the said fif- House' .lour- 

* Not found in the House JournaL ' 



350 



Province Laws {Resolves^ etc.). — 1755-56. [Chaps, 57-59.] 



Province ^6611 Men beiuff part of the Forces already allowed on the Western 

Laws, 111., 948, . mlTl/ •T-,11 T P T ^ TTr-lT 

note. Supra, frontier: The Money to be paid into the hands oi Israel Williams 

chap. 55. -gg^r ^^^ ^Yiox service he to be Accountable. [^Passed June 14, 



CHAPTEE 57. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY ELKANNAH 
PARRIS WAGES DUE HIM ON CAP^ ELISHA CHAPINS MUSTER ROLLS, 
AND TO SUE SAID CHAPIN FOR AMOUNT THEREOF. 



Legislative 
Records of the 
Council, XX., 
48-2. Mass. 
Archives, 
lxxIv.,4-27. 

House Jour- 
nal, pp. 9, 10, 13. 



A Petition of Elkanah Paris a Soldier at Fort Massachusetts, 
ComiDlaining against Capt Elisha Chapin (the former Commander 
there) that he has receiv'd the Petitioners Wages upon several 
Muster Polls out of the Treasury & refusus to repay him the same, 
Praying for Relief from this Court. 

Read & 

Ordered, That the Province Treasurer be directed to pay the Pef 
whatever Sums of Money may be due to him on Cap* Elisha Chapin's 
Muster Rolls; And Also that he be directed to sue the said Elisha 
Chapin for the same. \^Passed Jiine 14. 



CHAPTEE 58. 



Legislative 
Records of the 
Council, XX., 
137, 482. Mass. 
Archives, 
Ixxiv. ,144a. 

Mass. 
Archives, 
Ixxiv., 144,145. 
Legislative 
Records of the 
Council, XX., 
137. House 
Journal, 
pp. 130, 144 
(December, 
1753) ; p. 49. 



ORDER ALLOWING 13/4 AND A GUN TO JOS. MUNROE. 

A Petition of Joseph Munroe of Billerica, shewing that in 
receiving the Wages due for the Service of his Son Amos Munroe, 
a Soldier in the late Expedition to Cape Breton (now dec*^) £10. 
Old Tenor was defalcated for a Province Gun lent him & supposed 
not to be returned; but for as much as he finds the said Gun was 
returned as appears by the Commissary General's Certificate, Pray- 
ing that he may receive the Money stop'd out of said Wages. 

Read & 

Ordered That this Pet"' be rivived ; And That the Prayer thereof 
be so far granted as that there be allowed and paid out of the Public 
Treasury to the Pef the sum of thirteen shillings and four pence ; 
and Also that the Comissary General be directed to deliver to the 
Pef one of the province Firelocks. \Passed June 14. 



CHAPTEE 59. 



Legislative 
Records of the 
Council, XX., 
482. Mass. 
Archives, 
cxvii., 23. 

Mass. 
Archives, 
cxvii., 19-21. 



ORDER ERECTING EBENEZER SHERWIN AND OTHERS OF THE TOWN 
OF DUNSTABLE WITH THEIR ESTATES, INTO A PRECINCT. 

A Petition of John Sherwin & Ebenezer Kendal, for themselves 
& a Number of others. Inhabitants of the Town of Dunstable, pray- 
ing that the Inhabitants of Nottingham & Dracut, that have appeared 
to join with them in the Settlement of a Minister may be turned ofE 
from them, and that a Precinct may be erected in Dunstable, within 
the Limits particularly mentioned : 



[1st Sess.] Province Laws (Besolves^ etc.). — 1755-56. 351 

Eead, and in answer to this Petition, House Jour. 

Orderhl that such of the Inhabitants of the Town of Dunstable ^^ ' ^^' '^' 
& their Estates (scituate to the westward of Simon Tompson's 
Dwelling House,) together with their associates. Who, on or before 
the thirteenth Day of September next, shall give in their Names 
to the Secretary of the Province, with their Desires therefor (sig- 
nifyed in Writing), be, and they are hereby Erected into a Precinct, 
& vested with all the Powers & Priviledges, & subjected to all the 
Duties that other Precincts in this Province are by Law invested 
with & subj[e]cted unto. [Passed J^ine 14. 



CHAPTER 60. 

ORDER IMPOWERING M^ PETER THATCHER, EXECUTOR, AND MARY 
THATCHER TO JOIN WITH GUARDIAN OR GUARDIANS TO BE AP- 
POINTED, IN SALE OF REAL ESTATE AND MAKING PROVISION IN 
REGARD TO THE PROCEEDS. 

A Petition of M' Peter Thatcher, Executor of the last Will & ^®fo^|^"7tij 
Testament of M'' Peter Thatcher late of Middleboro in the County council, xx., 
of Plymouth Clerk, dec*^ shewing that he has paid the Debts that Archives?xix., 

were due from the said Estate, and settled the Accompt of his Ad- '^^ 

ministration, according to which the Estate falls in his Debt above Mass. 
Two Thousand Pounds Old Tenor, and for as much as all the Heirs 292° hous^'^'' 
that are of Age are desirous that the said Eeal Estate which consists Journal, p. 77. 
of a House *& Land, should be sold, yet their being Minors, it can- 
not be done without the Authority of this Court, therefore praying 
for Liberty from this Court to sell the said Real Estate for the Pur- 
pose aforesaid. 

Read and 

Ordered that the Prayer of the Petition be so far granted as that 
the Guardian or Guardians which shall be lawfully appointed to the 
said Minors be and hereby are impowered to Joyn with the Pef and 
his Mother Mary Thatcher in the sale of the Land and Real Estate 
mentioned in the Pet° and give and Execute good and Sufficient 
Deed or Deeds for Conveying the same and the Money arising by 
the Sale thereof which belongs to said Minors after the Ballance of 
the Executors is Discharged be let to Interest upon good Security 
and applied to the benefit of said Minors. [Passed June H- 



CHAPTER 61. 

ORDER IMPOWERING THE COMMITTEE ON GUNPOWDER AND SMALL 
ARMS TO CONTRACT FOR 500 BARRELS OF GUN POWDER AND 1,000 
STAND OF ARMS. 

Committees Report about purchasing Gun Powder & Fire Legislative 

Arm a viv* Records ol the 

Urms, VIZ Council, XX., 

The Committee have made Inquiry pursuant to the within Order, 484. Mass. 

' A.rCillVG8 

& find that One Thousand Barrells of Powder & twenty five hun- lxxIv., 455. 
dred of small Arms may be sent for & purchased on the Conditions Mass. 
following, viz*^ Ten per Cent upon the first Cost, Freight, Insurance i);fxh''^4.53 454. 
& all Charges thereon; The Purchase Money to be paid in two Years Legislative 
from the Delivery of said Arms & Ammunition, six per Cent Inter* councif, xx., * 



Province Laws {Resolves, etc.) . — 1755-56. [Chap. Q'I.^ 



4fi8. House 
Journal, p. 45. 
Ante, p. 264, 
chap. 24G. 



est therefor to be paid Annually, and y*^ Interest to commence from. 
the Delivery aforesaid; And that the hon^'® John Erving Esq"" & M' 
Nicholas Boylstone are the Gentlemen who make the Offer aforesaid ; 
June 12 1755. By order Ezekiel Chevek. 

Eead & 

Ordered That the within Named Committee be and hereby are 
impowered to Contract and agree with John Erving Esq"" & M'' 
Nicholas Boylstone, or some Other person or persons for five Hun- 
dred bar'^ of Gun Powder, and for One thousand Stands of Arms 
to.be of the size & according to the Directions given to M'' Agent 
Bollan by the last Court, the same to be disposed of according to 
the future Orders of this Court; the said Contract to be made on 
the Terms mentioned in the within report, except the Article of 
Ten p Cent advanced on the freight.^ [Passed June 14.^ 



CHAPTER 62. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI- 
TION OF ROB^ NEVINS IN REGARD TO A NEW SURVEY OF LAND. 



Legislative 
Records of the 
Council, XX., 
487 bis. Mass. 
Archives, 
xlvi., 439. 

Mass. 
Archives, 
xlvi., 437. 
Maps and 
Plans, Mis., iv., 
37; xxxiv., 2. 
Hou3e Jour- 
nal, pp. 70, 76. 



A Petition of Eobert Nevins of Hartford in the Colony of Con- 
necticut, shewing that he is likely to be greatly injured in his Eight 
to 500 Acres of Land, granted by this Government to John Pynchon 
Esq'' & sold to the Petitioner, by Means of the Unfaithfulness of the 
Surveyour of 10,000 Acres of the Equivalent Lands, by which Means 
the said Tract is larger than it ought to be, & runs in upon the Peti- 
tioner's, Praying that a new Survey may be made of said 10,000 
Acres. 

The Committee to whom was referred the within Petition, are 
humbly of Opinion that the Prayer thereof be so far granted, as 
that the Bounds of said Ten Thousand Acres be by a Committee 
of this Court surveyed, and the Bounds thereof ascertained agre- 
able to the original Design and true Intent thereof, and that when 
said Survey is performed, the Proprietors of the said Ten Thousand 
Acres be notified of the Time, by timely printing or advertizing of 
the same in the Boston Evening Post, or some other publick Print 
at least two Weeks before said Survey, that so the Proprietors thereof 
may be present if they see Cause : And that the Survey be done at 
the Cost of the Petitioner ; and that the Committee report their doings 
to this Court as soon as may be with Convenience : All which is hum- 
bly submitted. 

Per Order of the Com*«^ John Chandler, 

In Council Eead & 

Ordered that this Eeport be accepted, and that Capt° Nathaniel 
Dwight with such as the hon*"'^ House shall join be a Comm®® for 
the Purposes above mentioned 

In the House of Eepres^** Eead and Concurr'd, and Capf° Liver- 
more & Col° Murray are joined in the Affair. [Passed June 14.^ 

^ Final action not found in the House JournaL 

- This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is June 16. 



[1st Sess.] Province Laws {Resolves, etc.). — 1755-56. 353 



CHAPTER 63. 

ORDER IMPOWERING NATH^ BALSTONE, ESQ^, EXECUTOR, TO EXECUTE 

A DEED. 

A Petition of Nathaniel Balstone Esq^ Executor to Thomas Legislative 
Palmer of Boston Esq-^ & Eliakim Palmer Esq' of London dec'^ coundf, xx*f 
settinsr forth that sundry Tracts of Land were made over by Ben- 4«4. Mass. ' 

A.rciiivG8 XIX 

ning Wentworth Esq"" to Richard Brown of Newbury for Security 297. ' ' '' 
of sundry Debts due to said Eliakim as Factor to the said Thomas, Mass. 



and to the said Richard, that the said Thomas after the Death of ^4229!^ House 
the said Richard obtained Judgment in behalf of the said Eliakim Journal, pp. 49, 

. piC\ nc on 

for the Debts aforesaid, and levied his Execution on the said Tracts ' ' 
of Land, that the said Richard devised the Improvement of one 
half of his Real Estate to his Wife Mary during Life, the Rever- 
sion to Anthony Brown, which he afterwards conveyed to Daniel 
Marquand who married the said Mary; and it being the Design of 
the said Richard & Thomas that the said Land should be disposed 
of for the Payment of their Debts; but that being frustrated by 
their Deaths, therefore Praying that the Petitioner may be enabled 
to dispose of a Share of said Lands proportionably to the Sum due 
to the said Richard for the Use of the said Mary Marquand, and the ' 
Reversion to the said Daniel & his Heirs. 

Read and 

Ordered That the Prayer of this Pet° be so far granted as that 
the Pet' in his Capacity of Executor as mentioned be and hereby 
is impowered to make and Execute a good and Sufficient Deed of 
Conveyance in Law to the withinmentioned Mary Marquand during 
her Life & the Reversion to the within mentioned Daniel Marquand 
& his Heirs, of so much of the whole Estate & Interest within men- 
tioned as shall be in proportion to the debt due to Richard Brown 
withinmentioned being One hundred seventy six pounds six shillings 
and three pence compared with the debt due to Thomas Palmer Esq 
withinmentioned being One hundred and fourteen pounds nine shil- 
lings & two pence. [Passed June 16. 



CHAPTEE 64. 

ORDER ON THE PET^ OF THE GUARD^^ OF THE MARTHA'S VINEYARD 

INDIANS. 

A Memorial of Mess" Payne Mayhew, William Hunt & John Legislative 
Sumner Guardians of the Martha's Vinyard Indians; for explain- councff,xx!f^ 
ing the Accompts of their Guardianship exhibited to this Court, ^s.^Mass. ' 
obviating any Exceptions against them. xxxii., 599. 



Read together with the Acco** exhibited by the Guardians of the Mass. 
Indians of Martha's- Vineyard & the other Papers ; And whereas the xxxu^lgV-eoi. 
Vouchers for the said Acco** are very imperfect; Therefore House' Jour- 

Ordered that the following Sums be deducted from the same Viz' ^ntf^i. 154, * 

chap. 360. 

For an Over charge on their Time £113. 5. 

the Comiss"' at 2| ^ C 53. 2. 6 

the Coming to Gen' Court to answer y* Ind"' Compl* ag" y™ . . . 22. 10. 

for A Vendue Master 20. 0. 

For an Omission of Cred' to y« Ind°s in their Ace" 1748 2.0.0 



35i 



Province Laws {Resolves ,etc.). — 1755-56. [ Chaps .65,66.] 



Amounting to £210.17.6 which being deducted from the Ball* 
of their acc° as exhibited of £235.15.9. leaves a Ballance of £24.18.3 
Old Ten'' equal to three pounds six Shillings and five pence three 
farthings lawfull Money in the said Guardians favour. [Passed 
June 16. 



Legislative 
Records of the 
Council, XX., 
485. Mass. 
Archives, 
Ixxiv., 383. 

Mass. 
Archives, 
Ixxiv., 383. 
House Jour- 
nal, p. 84. 
Ante, p. 110, 
chap. 256. 



CHAPTEK 65. 

ORDER IMPOWERING BENJ^ TRAY, INDIAN, TO SELL LAND AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Benjamin Tray of Natick, Indian, Praying for 
Liberty to sell Twenty five Acres of his unimproved Land for the 
Payment of his Debts contracted by the Maintenance of his Aged 
Parents, and also for enabling him to repair his dwelling House 
gone to Decay by Means of his Absence in the War. 

Eead and 

Ordered, That the prayer of this Petition, be so far granted as 
that the Pef with the advice & under the Directions of the Guar- 
dians of the Natick Indians, be and hereby is impowered to make 
Sale of twenty five Acres of his unimproved Lands for the most 
the same will fetch (Seasonable public Notice of the time & place 
of Sale being first given) in order to provide him a suitable Dwelling 
house ; the remainder of the Proceeds thereof to be applied by Said 
Guardians for the payment of his Just Debts, and for the Pef'^ com- 
fortable support: The said Guardians to be accountable for their 
proceedings herein. [Passed June 16. 



Legislative 
Records of the 
Council, XX., 
486. Mass. 
Archives, 
xxxii., 635. 

Mass. 
Archives, 
xxxii., 633. 
Legislative 
Records of the 
Council, XX., 
281. House 
Journal, pp. 13, 
23, 24 (June, 
1754); pp. 81, 82. 
Ante, p. 177, 
chap. 21; p. 314, 
Chap. 365. 



CHAPTEE QQ. 

RESOLVE ACCEPTING REPORT OF COMMITTEE IN REGARD TO PROV^ 
LANDS LYING WESTWARD. 

Report of a Committee of the House referring to Province 
Lands lying Westward, 

The Committee to whom the aforesaid Matters were referred, 
having inquired into the same, report that a Vote passed the Gen- 
eral Court in June last, directing the Gentlemen appointed Commis- 
sioners to treat with the Government of New York Commissioners 
respecting the Boundary Line of the Governments, to enquire into 
any Indian Claim or Claims to any Land, lying West of Connect- 
icut Eiver within this Province, and to endeavour to quiet them as 
to said Claims to any Land, lying West of Connecticut River, within 
this Province, and to endeavour to quiet them as to said Claims,' & 
to report to said Court at their next Sessions; And that Samuel 
Welles Esq"" one of those Gentlemen informed this Committee that 
the said Commissioners met with the Stockbridge Indians at Shef- 
field, and upon Examination found that sundry Persons, both Eng- 
lish & Dutch had been endeavouring to purchase the Lands they 
claimed, and had made them large Offers, by Reason of which the 
said Indians were induced to make larger Demands for their Lands 
than the Commissioners judged reasonable to give them; yet the said 
Commissioners apprehending it much for the Interest of the Gov- 

* The words "to any Land ... as to said Claims" are underlined in the original. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1755-56.. 355 

ernment that the said Indians should be quieted, & the Land pur- 
chased by the Government, and also many Inconveniences thereby 
prevented; the said Committee thereupon employed M"" Timothy 
Woodbridge to transact said Affair & allow'd him to give £1,200 
Lawful Money for the sand Lands; And the said M' Welles further 
informed the Committee that sometime after his Eeturn M' Wood- 
bridge informed him he had agreed with said Indians for their Lands 
West of Connecticut River, that they had not before sold, and was 
to give them £1,000 New York Currency, and had promis'd to pay 
them towards it Five hundred Dollars immediately, desiring they 
might be sent to him as soon as possible; That the Governour not 
being at Boston at that Time nor a Quorum of the Council to be 
obtained, he together with M"' Secretary Willard went to the Treas- 
urer, & obtained the aforesaid Number of Dollars and gave their 
Eeceipt therefor and sent them to Col° Worthington for the Pur- 
pose aforesaid. Of all which he informed the Court at their Sessions 
in October last, which was approved of by the said Court: The 
Committee have been further inform'd that the said Dollars have 
since been taken out of Col° Worthington's hands & employed to 
enlist Men for the Crown Point Expedition. 

This Committee find by a Vote pass'd by the General Court in 
April last, Joseph Dwight, John Choat & Joseph Hawley Esq" were 
appointed a Committee to lay out two Townships at Taconnet or 
near there, and to make Sale thereof; this Committee are informed 
by CoP Choat that they had proceeded to lay out said Townships, 
and dispose of several Tracts of Land at the Place aforesaid, and 
that whilst they were transacting the said Affair, the begining of 
May last, some of the Stockbridge Indians came to them at Shef- 
field, & complained of their Proceedings and said it was not friendly 
in the Government to dispose of their Lands and not pay them for 
the same, and that the Indians discovered much Uneasiness, and 
as Mess" Dwight & HaWley were pursuing said Business many Diffi- 
culties would probably arise unless the Indians were quieted in their 
Claims. 

This Committee therefore beg Leave to report as their Opinion 
that the afores** Committee Joseph Dwight Esq'' and others, or the 
major part of them be impowered & directed to perfect & compleat 
the Bargain made by M'' Woodbridge with the Indians for the Lands 
aforesaid, and that Five hundred Dollars be put into the hands of 
the said Committee for the Purpose aforesaid, they to be account- 
able to this Court & to engage in behalf of the Government the 
Payment of the remaining part of said Sum of One Thousand 
Pounds New York Currency to the Owners of said Land within 
a reasonable time. 

(Signed) Israel Williams per Order. 

Resolved that the afore written Report be accepted with the fol- 
lowing amend"^'' Viz That Avhen Any Grant shall be made of the 
said Lands, such Persons to whom the Grant shall be made shall 
pay such part and proportion of the aforesaid Sum as this Court 
shall Order. [^Passed June 16. 



356 



Province Laws {Resolves^ etc.). — 1755-56. [Chaps. 67, 68.] 



Legislative 
Records of the 
Council, XX., 
487. Mass. 
Archives, 
cxvli., 33. 

Mass. 
Archives, 
cxvii.,3'2. 
House Jour- 
nal, pp. 6.0, SO, 
81. Ante, 
p. 343, Chap. 41. 



CHAPTEE 67. 

RESOLVE DESIRING THE CAP^ GEN'- TO ENLIST MEN FROM COLRAIN. 

A Petition of the Inhabitants of Cokain setting forth their 
exposed State in respect to the Indian Enemy, that there is danger 
of many of their Inhabitants being driven from their Settlements, 
Praying that at least some of their Inhabitants most necessitous 
among them may be put into the pay of the Province. 

Eead, and Whereas there is an Establishm* for twenty four men 
at Colerain part of which must be inlisted or impressed in the place 
of those who are inlisted from thence into the Crown-Point Expe- 
dition; And it being represented by the agent for Colerain that 
there are six or eight Able Bodied Effective men, who have no real 
Estate there, And are willing to engage in the service of the Gov- 
ernment : Therefore 

Resolved That his Excellency the Cap* General be desired to give 
Orders that the said Men (if able Bodied & effective) be entered 
upon the List for said Colerain as part of the Men Ordered for that 
service. \^Passed June 16. 



CHAPTEE 68. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR ENCOURAG- 
ING THE ENLISTMENT OF VOLUNTEERS. 



Legislative 
Becords of the 
Council, XX., 
488. Mass. 
Archives, cix., 
1-25. 

Mass. 

Archives, cix., 
123. Legisla- 
tive Records of 
the Council, 
XX., 475 bis. 
House Jour- 
nal, pp. 69, 87, 
88. Ante, 
p. 349, chap. 53. 



The Committee upon his Excellencies Message of the 12*^ Instant, 
respecting the Eastern Frontiers beg Leave to report in part, that 
they are liumbly of Opinion, that for the Encouragement of Vol- 
untiers to inlist and form themselves into Companies to penetrate 
into the Indians Country, in order to captivate & kill the Indians 
of any of the Tribes this Government hath declared War against ; 
that Thirty days Provision shall be given to every and all the Com- 
panies raised as aforesaid, Provided that none of the said Companies 
shall consist of less than thirty men, and that the said Companies 
shall be held to perform a constant Scout of at least Thirty days 
upon every March unless some special Eeason for the good of the 
Service shall appear for their returning in, in a less time ; and that 
the Officers of each Company shall be also held to keep a Journal 
of each of their Marches or Scouts, and exhibit them in Course 
under Oath to the Captain General. And that for every Cap- 

tive taken by the said Companies or by any Party or Detachment 
of any of the Companies which shall be brought into Boston & 
delivered up to the Government shall be paid out of the publick 
Treasury to the said Company, Party or Detachment, or their 
Attorney, the Sum of Two hundred & twenty Pounds, and for 
every Scalp that shall be brought in & produced as aforesaid the 
Sum of Two hundred Pounds; and that his Excellency the Cap- 
tain General be desired to grant Commissions to such Person & 
Persons as shall appear and offer to raise a Company or Companies 
for said Service, provided he shall judge them qualified for the 
Purpose. 

And that his Excellency be also desired by Proclamation, to give 



[1st Sess.] Province Laws {Resolves, etc.). — 1755-56. 357 

the Encouragement of the Sum of One hundred & ten Pounds for 
every Captive, and one hundred Pounds for every Scalp, including 
the Bounty or Encouragement given to private Persons not in the 
pay or Subsistence of this Government, in the Vote of the Court 
pass'd the 14 Instant relating to Scalps & Captives that shall be 
taken & brought in as aforesaid, by any such Private Person or 
Persons, who may on any Emergency or otherwise, either Captivate 
or kill any of the said Tribes of Indians. All which is humbly 

submitted, Per Order John Hill. 

Eead and 

Ordered That this report be accepted. [Passed June 16. 



CHAPTER 69. 

VOTE IN REGARD TO ENQUIRING INTO THE COMPLAINTS OF THE 
INDIANS OF NANTUCKET AND INCREASING THE COMMITTEE AP- 
POINTED THEREFOR. 

In Council Legislative 

Voted thsit Andrew Oliver Esq'' with such as the Hon'''^ House councu.xx., ^ 
shall join be added to' the Committee appointed in October last to Archives ^" 
inquire into the Complaints of the Indians at Nantucket, any three xxxii., 639, 64o. 
of which to be a Quorum Mass. 

In the House of Eep^ xxxii-.elWo. 

Bead and Concurred; and M' Speaker is joined in the affair: the Ricordfof the 
charge of said Committee to be born as this Court shall hear after Council, xx., 

r\ 1 272. House 

Uraer, Journal,pp.52, 

In Council Read & Concur'd. [Passed June 17. i7M?fpp."3,90. 



CHAPTER 70. 

ORDER AND VOTE IMPOWERING MOODEY RUSSELL TO ENTER AN 
APPEAL FROM A SENTENCE. 

On the Petition of Moodey Russell, [ante^ p. 292, chap. 314] R^forljfjf t^e 
Read and council, xx., 

Ordered that this Petition be revived and ^chi^es?' 

Voted that the prayer of this petition be granted & that the peti- xiiv., i69. 
tioner have liberty to prosecute s*^ appeal from s^ sentence to the House Jour, 
next Superiour court of Judicature court of assise & General Goal Anu,'\>.h2, 
delivery to be holden at Barnstable in & for s^ County of Barnstable *^^*^^' ^^** 
on the fourth tuesday of July next to enter s"^ Action at s*^ Court & 
the Justices thereof are hereby & * directed & impowred then & there 
to hear s*^ appeal determine & give judgment upon the same & award 
execution thereon to all intents & purposes whatsoever as fully as 
if the same had been made to s*^ Court of Assise from any sentence 
of the Court of General Sessions of the Peace holden at s** Barn- 
stable since the sitting of the s*^ Court of Assise since there last 
term there Provided the Petitioner enter into recognisance 

seven days at least before the sitting of s** Court before two Jus- 
tices of the Peace of s*^ County (Quorum unus) with sufficient 
sureties to abide the Judgment & to prosecute s"^ appeal to effect 

> Sic. 



358 



Province Laws [Besolves, etc.). — 1755-56. [Chaps. 71-73.] 



Provided also the Petitioner afores'' also serve the s*^ David with a 
copy of this order seven days at least before the sitting of the same 
Court. [Passed June 17.^ 



Legislative 
Records of the 
Council, XX., 
489. Mass. • 
Archives, Ixv., 
88. 

Maes. 

Archives, Ixv., 
87. House 
Journal, pp. 40, 
41, 76, 94. 



CHAPTEE 71. 

ORDER ON THE PETITION OF ISAAC FREEMAN IN REGARD TO PAY- 
MENT FOR SHIP "MASSACHUSETTS FRIGATE." 

A Petition of Isaac Freeman of Marblehead, shewing that he & 
Edmund Quincy Esq'' were bound as Sureties for William Fletcher's 
paying of the Purchase Money for the Ship Massachusetts Frigate 
which the said Fletcher bought of the Province, that the said 
Fletcher and Quincy failing, the Province Treasurer has attached 
the Petitioner for the Payment of what remains due of the prin- 
cipal Sum with Interest, and for as much as the Petitioner has 
none of the said Fletchers Effects in his Hands, therefore pray- 
ing that he may be discharged upon his present Payment of the 
Principal. 

Eead, And 

Ordered, That upon the Petitioners paying to the Treasurer of 
this Province the whole principal Sum due for the Ship Massachu- 
setts Frigate before the time of Entry of the Action referred to the 
s*^ Treasurer be directed not to enter the same and that the s*^ Bond 
be no further pursued against said Freeman. [Passed June 18.' 



CHAPTEK 72. 



Legislative 
Records of the 
Council, XX., 
490. Mass. 
Archives, cxx., 
57". 

House Jour- 
nal, p. 92. 



ORDER DIRECTING THE PROVINCE TREASURER TO ISSUE EXECUTIONS 
AGAINST FARMERS OF EXCISE. 

Ordered that the Treasurer be directed to send forth his Execu- 
tion against such of the Farmers of Excise as shall not pay in the 
Sums respectively due from them on or before the first day of July 
next. [Passed June 18. 



Legislative 
Records of the 
Council, XX., 
492. Mass. 
Archives, cix., 
137. 

Mass. 

Archives, cix., 
136. LegiBla- 



CHAPTER 73. 

ORDER ON THE MESSAGE OF THE GOVERNOR IN REGARD TO SENDING 
ARMS & POWDER FOR THE INTENDED EXPEDITION AGAINST CROWN 
POINT. 

The Secretary delivered the following Message from his Ex- 
cellency. 

Gentlemen of the Council & House of Representatives, 
I now lay before you a Letter I sent to the Committee of War, 
upon the Subject of Gun Powder & Small Arms necessary to be 
provided for the Expedition to Crown Point; the said Committee, 

* 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 ; according to Legislative Records of the 
C-ouncil the date is June 17. 



[1st Sess.] Province Laws (Hesolves, etc.). — 1755-56. 359 

after the Consideration thereof, judged my Advice therein neces- tive Records of 
sary to be complied with, but doubted of their Power without the x^x-.'iss"*^'^' 
further Order of this Court; For the Particulars of this Matter and ^^"1^^® ^4°^'"- 
the Grounds of my Sentiments therein I must refer you to the Letter, Ante, p. m, 
and I doubt not but upon duly weighing the Matter you will give p^lge.^chap. 
immediate Orders to the Committee of War agreable thereto: the 325. 
Success of the Expedition to Crown Point greatly depends upon it. 

Eead and 

Ordered, That it be left to the Committee of War to provide and 
send such a Quantity of Powder and small Arms for the intended 
Expedition to Crown Point as they shall Judge necessary. [Passed 
June 18. 



CHAPTER 74. 

ORDER APPOINTING COMMITTEE TO PREPARE INSTRUCT^"^ FOR JOHN 
SHARPE, ESQK, AGENT. 

In Council ElfoiKfthe 

Ordered that Andrew Oliver and Tho* Hutchinson Esq" with council, xx., 
such as the hon'''^ House shall appoint, be a Committee to prepare ArchWesTxxi., 
Instructions for John Sharpe Esq'' chosen Agent for this Province, ^^ 



to be signed by the Secretary, and transmitted to M"^ Sharpe by the House Jour- 
first Opportunity ^n<e, p.346, 

In the House of Eep« *=^^p- **• 

Read and Concurred, And M"" Speaker M'' Tyng & James Bow- 
doin Esq"" are joined in the Affair. [Passed June 19. 



CHAPTEE 75. 

ORDER DIRECTING THE SECRY TO NOTIFY JOHN SHARPE, ESQ^, THAT Legislative 

HE IS CHOSEN THE PROVINCE AGENT IN GREAT BRITAIN. Counctf xx'^^ 

494. Mass. 

Ordered that the Secretary write to John Sharpe Esq'" in the f^i^^''^^' ^^'^' 
Name of this Court acquainting him with the Choice the Court :^^^ 
have made of him to be the Agent of this Province in Great Archives, xxi., 
Britain, & desiring that he would take that Trust upon him. journai%^.^98. 
[Passed Jime 19. cutp. ^i.^^^' 



CHAPTER 76. 

ORDER THAT THE SECRY WRITE TO GIVE THANKS TO M« AGENT Legislative 

BOLLAN. Records of tbe 

Council, XX., 
494. 

Ordered that the Secretary write to William Bollan Esq"" giving Mass. 
him the Thanks of this Court for his past good Services, & acquaint- ^g^'^LegisTa-'"' 
ing him that in Compliance with his Request, and in Consideration tive Records of 
of his ill State of health, they have accepted of his Resignation, and xx^., 473.°*^' ' 
the Court have made Choice of another Gentleman in his Stead to ^aT?f 97'"''' 
be Agent of this Province in Great Britain. [Passed June 19. We, p. 346, 



360 



Province Laws {Resolves, etc.). — 1755-56. [Chaps. 77-79.] 



CHAPTEE 77. 



ORDER ALLOWING £10 TO ELIZ* BROWN. 



Legislative 
Records of tbe 
Council, XX., 
4D4. 

Mass. 

Archives, cv., 
525. House 
Journal, pp. 89, 
90, 100, 101. 



A Petition of Elizabeth Browne, praying for some Eelief from 
this Court, in Consideration of her Sufferings from the Indian 
Enemy by the Death & Captivity of divers of her Family, & Loss 
of her Substance. 

Eead & 

Ordered that the Sum of Ten Pounds be allowed & paid out of 
the publick Treasury of the Province for the Support of the Peti- 
tioner, and to enable her to return to her native Country; And that 
the said Sum be paid into the hands of John Erving Esq^ \^Passed 
June 19. 



CHAPTEE 78. 



ORDER ALLOWING £21. 18. 8 TO JOS. BALLARD. 



Legislative 
Records of the 
Council, XX., 
494. Mass. 
Archives, 
xlix., 424. 

Mass. 
Archives, 
xlix., 423. 
Legislative 
Records of the 
Council, XX., 
451. House 
Journal, 
pp. 96, 97. 



An Accompt presented by Joseph Ballard of the Charge of a 
Dinner by him jDrovided for the Entertainment of the House of 
Eepresentatives, upon the Day of Election of Councellors, amount- 
ing to the Sum of £21.18.8. 

Eead and 

Ordered That this Ace* be allowed, & that the Sum of Twenty 
One Pounds eighteen Shillings and eight pence be paid out of the 
public Treasury to the s*^ Joseph Ballard, in full Discharge of the 
same. \^Passed June 19. 



CHAPTEE 79. 



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



Legislative 
Records of the 
Council, XX., 
495. Mass. 
Archives, xix., 
304. 

Mass. 

Archives, xix., 
303. House 
Journal, pp. 91, 
92, 98, 99. 



A Petition of Powers Mariot Guardian of Elizabeth Furnass a 
Minor, shewing that she is interested in Common with others in a 
House & Land in Boston, that the House is much out of Eepair, 
and the other Owners desirous of selling their part of the Estate, 
praying that as Guardian he may be enabled to join therein. 

Eead and 

Ordered That the Prayer of this Pet"^ be granted, and that the 
Petitioner in his said Capacity be & hereby is fully Authorized & 
impowered to make Sale of the said Minors third part of the Dwell- 
ing house and Land therein Mentioned, for the Most it will fetch, 
and to execute a Good Deed or Deeds for Conveyance of the Same 
in Law, to the purchaser. The Pef first giving Security to the Judge 
of Probate for the County of Suffolk that the Moneys arising by the 
sale thereof shall be put out at Interest on good Security for the 
Benefitt of said Minor, and the Interest thereof applied for her 
Maintenance during her Minority, and that upon Settlement of 
his Accounts with the Judge of Probate, he shall pay the prin- 



[1st Sess.] Province Laws {Resolves^ etc.). — 1755-56. 361 

cipal Sum, and the Interest remaining in his hands to the said 
Minor when she arrives to age or is Married or to her heirs. \^Passed 
June 19. 



CHAPTER 80. 

ORDER IMPOWERING THE COMtee qF WAR TO PURCHASE POWDER. Legislative 

Records of the 
Council, XX., 

Ordered That the Committee of War be directed and impowered 496. Mass. 
to purchase and replace in the Magazines of the Province Such a ixxiv.Ill'e. 
Quantity of Gun Powder as shall make up in the whole the Quan- Legislative 
tity of Seven hundred bar^^ in the several Magazines of the Prov- coundf xx*^^ 
ince in stead of those the said Com'®^ have liberty to take out.' 485. Ante,'' 
{Passed June 20. HTv'^ul 

chap. 52. 

CHAPTER 81. 

ORDER ALLOWING £15 TO JN^ RUDDOCK INCLUDING £6. 13. 4 ALREADY 

PAID HIM. 

A Petition of John Euddock of Boston, Praying that he may Legislative 
be allowed for a House which he built on Castle Island, at his own councff, xx!,*^^ 
Cost, and which has been used by the Government for quartering 497. Mass. 

» o 1 T Archives, 

01 Soldiers: ixxiv., 446. 

Eead and Mass. 

Ordered^ That the Sum of Fifteen Pounds including the Six ^^xiv.^«5. 

Pounds thirteen Shillings and four pence formerly granted be House'jour- 

. 1 ./ D xxaX pn 100 101 

allowed and paid to The Petitioner out of the Province Treasury im. Ante,' ' 
in full Consideration for said House. \^Passed June 20. p. 74, chap. i67. 



CHAPTER 82. 

VOTE CHOOSING A COMMISSI OF IMPOST. Legislative 

Records of the 
Council, XX., 

This day being appointed for the Choice of a Commissioner of the 499. Mass. 
Impost for the Year ensuing Daniel Russell Esq'' was unanimously los? ^^^^' ^^'' 
Chosen by the Council and Representatives. [Passed June 21. House Jour- 

nal, p. 105 bis. 



CHAPTER 83. 

ORDER REFERRING ALL UNFINISHED MATTERS. 

Ordered that all Matters that had Day at this Sitting of the Court, ]^fordg'of the 
which have not or shall not be pass'd upon before the Court rise, be council, xx., 

referred over & have the same Day at the next Sitting of the Court. — 

[Passed June 21. Ho^«e l^^- 

* Not found in the House Journal. 



362 



Province Laws (^Resolves, etc.) . — 1755-56. [Chaps. 84-86.] 



Legislative 
Records of ttie 
Council, XX., 

499. Mass. 
Archives, Ixv., 
109. 



CHAPTEE 84. 



ORDER LAYING AN EMBARGO ON ALL VESSELS WITH PROVISIONS AND 

WARLIKE STORES. 



Legislative 

couricif,xx!f^ Ordered That an Embargo be laid on all Vessels that have any 

House' Jour*^^' P^'ovisions 01" Warlike Stores on board except what may be neces- 

nai.p. 107. sary for their respective Voyages till Wednesday next. [Passed 

Laws, iii., 866, Ju7ie 21. 

chap. 7; 945, . 

note. 



CHAPTER 85. 



ORDER ALLOWING £318 TO SELECT MEN OF BOSTON. 



Legislative 
Records of the 
Council, XX., 

499. Mass. 
Archives, 
Ixxiv., 424. 

Legislative 
Records of the 
Council, XX., 
275. Mass. 
Archives, 
Ixxiv., 423. 
House Jour- 
nal, pp. 99, 100, 
106. 



A Petition of the Select Men of the Town of Boston, setting 
forth that of the Fire Arms belonging to the said Town w^'' were 
taken up for the late Expedition to Kennebeck Eiver, One hun- 
dred & fifty were never returned into the Town Stock, Praying 
that the apprized Value thereof being =£318 be allowed & paid out 
of .the publick Treasury for the Use of the said Town of Boston, 

Read and 

Ordered That the prayer of this Memorial be granted and that 
the Sum of three hundred & Eighteen * Pounds be allowed & paid 
out of the Public Treasury to the Select Men of the Town of Bos- 
ton for the use of said Town, in Consideration of one hundred and 
fifty nine Fire Arms &c belonging to said Town which have been 
made use of by the Com'*" of War for the Expedition to Crown 
Point. [Passed June 21. 



CHAPTER 86. 

ORDER ADJOURNING THE COURTS OF THE COUNTY OF DUKES COUNTY. 



Legislative 
Records of the 
Council, XX., 
501. Mass. 
Archives, 
xliv., 180. 

Mass. 
Archives, 
xliv., 182. 
House Jour- 
nal, pp. 110, 111. 
Province 
Laws, iii., 64, 
chap. 32. 



Whereas at the time when the Court of Gen^ Sessions of the 
Peace & Inferiour Court of Common Pleas, were to have been 
holden at Edgartown within & for the County of Dukes County, 
on the first Tuesday of March last, there was a severe Storm of 
Snow, so that the Justices of the s*^ Court, »& Parties concerned, 
could not travel to & attend said Courts, Whereby all Actions & 
Processes there depending were discontinued. Therefore 

Ordered That all Actions, Pleas, Processes, Precepts, Recogni- 
zances, & other Matters whatever that had day in either of the said 
Courts, on the first Tuesday in March last, are hereby continued 
to the said Courts respectively by Law, to be holden at Edgartown 
within «& for the County of Dukes County on the last Tuesday in 
October next, and may be then & tliere heard & tried; And the 
Justices of the said Courts respectively are hereby accordingly im- 
powered to hear & determine all such Actions & Causes, and award 
Execution as fully to all Intents & Purposes, as they might have 
done if said Actions Pleas & Processes, had come before them at 
either of the said Courts, on the first Tuesday of March last, & the 



* The House Journal, reads, £314. 



[1st Sess.] Province Laws {Resolves, etc.). — 1755-56. 363 

said Courts had been opened to have heard & tried the same Sav- 
ing that if any Party concerned as Defendant (or other wise) in any 
of the said Actions, is now out of the Province, or shall not in the 
Judgm* of either of the said Courts, have had timely Notice of this 
Oi'der, such Court shall continue the Action to their next Term. 

And the Sheriff of said County of Dukes County is hereby directed 
to cause this Order forthwith to be made publick, by posting up the 
same, in some publick Place in the same County, and to be inserted 
in some one of the Boston News Papers. {^Passed June 24. 



CHAPTER 87. 

ORDER APPOINTING A COMtke fqR BURN« GOVERNM'' SECURITIES IN 
THE HANDS OF THE PROVINCE TREASURER. 

In the House of Representatives; Legislative 

Ordend i\iQ.i W Speaker, Col" Miller & M' James Russell with councn""**^^ 



, XX. 



502. 



such as the hon^'® Board shall join, be a Committee to repair to 
the Treasurer's in the Recess of the Court, examine what Govern- Mass. 
ment Securities he has in his Hands, and see them consumed to 353. House 
Ashes & report thereon at the next sitting of this Court: In pp^iog/'us. 

Council; Read & concur'd, And John Osborne & Andrew Oliver 
Esq" are joined in the Affair. \^Passed June 25.^ 



CHAPTER 88. 

ORDER PROVIDE FOR DEFRAYING INCIDENTAL CHARGES IN THE ARMY 
FOR THE CROWN POINT EXPEDITION. 

Ordered That the Committee of War be and hereby are impowered i®s*^'?*'^|tj^ 
and directed in the recess of the Court to furnish M' Emerson their council, xx., 
Agent at Albany with such Sums of Money as they shall judge may ArcWv^ee^^' 
.be the proj^ortion of this Province with respect to the Contingent ixxiv., 473. 
Charges of the Army destined for the Crown point Expedition, and Legislative 
what may be further necessary to engage & secure the Indians of council^ xx!, ^ 
the six Nations that are or may be employed in the service of that jounmPp^^u 
Expedition Comparing the Number of Troops in the Pay of this Ante, p.'296, 
Province with the Forces of the several Colonies engaged in the *^ ^^' ^^' 
same Expedition : The said Committee to be Accountable. \_Passed 
June 25. 



CHAPTER 89. 

VOTE PROVIDE FOR PAYMENT OF MONEY ADVANCED FOR INDIANS OF 

THE SIX NATIONS. 

Voted, That the Suin of one hundred and fifty five Pounds, eleven Legislative 
shill* one penny part of the sum of six hundred Pounds Orderd by councif.xx"^^ 
this Court, the T^ Current to be paid to the Order of Coll Johnson ^^-j^j^*^^^- ' 
to be applied by him for engaging the Indians of the six Nations xxxii., 643. 

> This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is June 24. 



364 



Province Laws (BesolveSy etc.). — 1755-56. [Chaps. 90, 91.] 



Rlfords^of the ^ Supporting them & their families during the Continuance of the 
Council, XX., Expedition to Crown Point, be applied to discharge this Provinces 
Jmirimi!"p.^ii. part of Eight hundred pounds Sterl^ advanced by General Brad- 
Ante, p.'338, dock to Coll: Johusou, for engaging the said Indians in the British 
Interest. [Passed June 25. 



chap. 31. 



Legislative 
Records of the 
Council, XX., 

504. Mass. 
Archives, 
Ixxiv., 478. 

Mass. 
Archives, 
Ixxiv., 479. 
House Jour- 
nal, p. 115. 
Ante, p. 264, 
chap. 246; 
p. 346, chap. 44; 
p. 359, chap. 74. 



CHAPTER 90. 

VOTE FOR INSTRUCTING THE AGENT IN GREAT BRITAIN IN REGARD 
TO CERTAIN PROVINCE INTERESTS. 

Voted that the following message be sent to the Honourable House 
of Representatives 

The Honourable House having by their Committee the last Even- 
ing desired his Excellency to grant a recess to the Members of the 
Court and his Excellency having been pleased to signify to the 
Board that it was his intention the Court should rise to day, 
the Board cannot help expressing their concern that the House 
should desire to rise before proper provision be made for supply- 
ing the Province with a stock of fire arms and Gun powder espe- 
cially as the money due for the cloathing in England might be 
applied to that purpose or at least Powder & Arms might be pur- 
chased upon the Credit of it. This will probably fall very much 
short of a necessary supply, but a partial supply is much better 
than to have the Province left in its present exposed state. 

Eead and Thereupon 

Voted That The Com'"^ appointed to prepare Instructions to John 
Sharpe Esq^ chosen Agent for this Province Meet as soon as may 
be, and by the first Opportunity transmit such Instructions as shall 
appear necessary relative to the Controversy with Connecticut & 
New York, to the AfEair of Fort Dummer And to the Debt for 
the Cloathing left at Louisbourg, And that the Com''"' give direc- 
tions that in Case the debt for the Cloathing is paid or an Order 
granted for the paym'^ thereof. That a sum to the amount of Said 
Debt be forthwith applied to the purchase of Fire Arms and Gun 
Powder, viz one third part to the purchasing of fire Arms of the 
Dimensions heretofore wrote for; the other two thirds to the pur- 
chasing of good Cannon Powder; said Fire Arms and Gun Powder 
to be shipped by the first Opportunity for Boston, Consigned to 
the Province Treasurer, the Value thereof being first Insured.' 
[Passed Ju7ie 26. 



CHAPTER 91. 



Legislative 

Records of the 

Council, XX., 

504 IVIrss 

Archives, ' ORDER IN REGARD TO THE REPAIRS AT Y" WORKS ON GOV^» ISLAND. 

Ixxiv., 476. 

naTp^mf' Ordered That the Com'^* appointed on the repairs of Castle Wil- 

Province liam, be directed Also to take Care of the Fortification on Governor's 

ch^!'252y'' ' Island, see that the same be put into good Order. [Passed Jime 26. 

1 Not found in the House Journal. 



[1st Sess.] Province Laws {Besolves^ etc.). — 1755-56. 365 



CHAPTER 92. 

VOTE FOR IMPRESS^ GUN POWDER. 

Voted, That his Excellency the Cap' General be desired to give Legislative 
Orders for impressing for the use of the Province all the Gun- council! xx!^^ 
Powder belonging to Private Gentlemen which is now in the public 504 Mass. 
Magazines, provided the Committee of "War cannot agree for the ixxiv., 475. 
same on reasonable terms.' [Passed June 26. 



CHAPTER 93. 

ORDER FOR ADJOURN^ Y= SUP« COURT IN BRISTOL COUNTY. 

Whereas the holding his Maj*y'^ Sup'' Court of Judicature Court Legislative 
of Assize & Gen' Goal Delivery at Taunton within & for the County council, xx., 
of Bristol on the 2^ Tuesday of July next (w*^^ is the time appointed ArcM^es^^' 
by Law for holding the same) would be inconvenient by reason of a xiiv., iss.' 
late Order of this Court for holding the s'^ Sup' Court of Jud' &c^ House Jour- 
at Ipswich within & for the County of Essex on the first Tuesday provmce^' 
of the same Month. Laws, iii., 1071, 

note. 

Therefore 

Ordered that the said Sup' Court of Judicature &c* which was 
by Law to have been held at Taunton within & for the County of 
Bristol on the second Tuesday of July next shall be held there on 
the fifth Tuesday, being the twenty ninth day of the said Month ; 
And all Writts & other Process already issued & returnable to said 
Court at Taunton on the second Tuesday shall be returned on the 
&^ fifth Tuesday ; And all Matters whatsoever continued or any ways 
depending in said Court there, shall continue & be proceeded on by 
the Justices of the s*^ Court on the 5"* Tuesday aforesaid; And all 
Officers & other Persons concerned are Eequired to conform them- 
selves accordingly. [Passed June 26. 



CHAPTER 94. 

RESOLVE APPOINTING OFFICERS FOR ENLISTING FIVE HUNDRED MEN 
WITH BOUNTY PAY AND SUBSISTENCE FOR RE-ENFORCING THE 
CROWN POINT EXPEDITION. 

^eso?z;e(? that His Excellency y^ Cap* Gen' be desired to Commission Legislative 
proper officers for raising by Enlistment not exceeding five hundred c^unc'if xx!*** 
Men to March to Crown Point to reinforce the army destin'd there, 505. Ma£s. ' 
if upon advise from the Army had in the recess of this Court, it ixxiv., 477. 
shall be adjudg'd by the Commander in Chief for the time being Legislative 
with the advice of the Council That it be necessary The Army should Qoy°c'if xx**^^ 
be so reinforc'd. 391. House' 

That each man be paid a Dollar upon his Enlistment and in case pp^m* iie, 117. 
of their being actually Engag'd in the service, that they be allowed Ll*^8°ii1 946 
the same Bounty including the Dollar mentioned pay and subsist- note. 'Ante, 

' Not found in the House Journal. 



366 



Province Laws {Resolves, etc.). — 1755-56. [Chap. 95.] 



p. 304, chap. 
345. Post, 
chap. 97. 



ance, as the Forces already destin'd there have ; They finding their 
own good and sufficient Fire arms. 

The Pay and Subsistance to Commence from the time of their 
Marching, and that they be discharg'd as Soon as the Place is 
reduc'd or the Nature of the Case will admit off, or not exceed- 
ing the time the other Forces are enlisted for. 

That the Enlisting Officer be allowed half a Dollar for each Man 
so Enlisted. And that His Excellency the Gov'' be desir'd to inform 
the other Governments of this Eesolve. \^Passed Jtme 26. 



CHAPTER 95. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE AB'^ PROVIS^ & 
AMMUNITION FOR THE ARMY. 



Legislative 
Records of the 
Council, XX., 
505. 

Legislative 
Records of the 
Council, XX., 
401, 436, 46-2,463, 
477. House 
Journal, p. 36. 



The Committee appointed to take under Consideration his Ex- 
cellency's Message of the 6^^ Instant, have attended the Service so 
far as to consider that Part which relates to the Extract of the 
Letter from his Honour the Governour of Connecticut, & humbly 
report as their Opinion. That the Provisions shipt from Philadel- 
phia were designed for the Common Service of the Army & that it 
will be most convenient to settle & determine the Proportion to be 
assigned for each Government, when the Troops shall be at Albany 
the Place of Rendezvous; That this Province's Part of said 

Provision if the several Species be duly proportioned together with 
what has been purchased by the Committee of War may probably 
be sufficient for the Service of the Expedition; That it seems neces- 
sary that all possible Endeavours should be used by each Government 
to procure a full Proportion of Ammunition, as that is an Article 
more difficult to be purchased than any other requisite for the Service. 

All which is submitted. Per Order John Otis. 



Read & 

Ordered that this Report be accepted. 



l^Passed June 26. 



[2d Sess.] Province Laws {Resolves, etc.), — 1755-56. 367 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Sixth Day of August, A.D. 1755. 



CHAPTER 96. 

ORDER ALLOWING THE COMMISSARY GENERAL £14 FOR TRANSPORTA- Legislative 

TION OF HUGH McNEAL. Records of the 

Council, XX., 
509. Mass. 

Ordered That a Sum not exceeding Fourteen Pounds be allowed ^chives, xtl... 
out of the Public Treasury & put into the Hands of the Commis- gp^gg jq^^, — 
sary General to be laid out at his discretion for providing a Passage nai, p. 121. 
and laying in Stores for Transporting Hugh M'^Neal (now maintained ^'ap. 149?' 
at the Province Charge, ) to his Friends in Ireland. \^Passed August 7. 



CHAPTER 97. 

ORDER FOR RAISING 300 RECRUITS FOR THE EXPED^ TO CROWN POINT 
AND ESTABLISHING THEIR BOUNTY, PAY AND SUBSISTENCE AND 
FURTHER ORDERED THAT THE 500 MEN PREVIOUSLY ORDERED TO 
BE ENLISTED RECEIVE THE SAME ENCOURAGEMENT. 

Ordered That there be forthwith raised Three hundred Men to Legislative 
reinforce the Expedition to Crown Point and that there be paid to councif xx!^^ 
each of the said three hundred Men twenty four Shillings by way 509. Mass. ' 
of bounty upon his enlistment, & twelve shillings more upon his 155. ^^ ' ^'' 
producing sufficient Fire arms at the first Muster: and that the House Jour- 
Pay or Wages shall commence at the time of inlisting, and the Pro^ince^"^' ^^^' 
Subsistence at the time of marching from their place of Dwelling Laws, iii., 946, 
to the place of Rendezvous and that no deduction shall be made p^sls, chap! 94. 
out of their Pay for any of the Bounty they so receiue. And that 
there be allowed three Shillings to the Officer for each of the said 
three hundred Men inlisted by him. And it is further 

Ordered that the like Bounty & encouragement be allowed to each 
of the Five hundred Men to whom this Court in their late Session 
allowed Six shillings to hold himself in readiness for the Service, 
including the said Six Shillings. And his Hon' the Lieu* Gov' is 
desired to give orders for said Men to March in Companies as fast 
as they are compleated to join the other Forces already gone on 
the Expedition to Crown Point. And to acquaint the other Gov- 
ernments concerned in this Expedition of these Resolutions & urge 
them to raise a proportionable number of Men for the said Service. 
{^Passed August 7.* 

_' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is August 8. 



368 



Province Laws {Resolves^ etc.). — 1755-56. [Chaps. 98, 99.] 



CHAPTEK 98. 

ORDER ALLOWING THE ACCO'^ OF THE TREAS» OF WORCESTER COUNTY. 



Legislative 
Records of the 
Council, XX., 
510. Mass. 
Archives, 
ccxlviii., 168. 

House Jour- 
nal, pp. 13, 31, 

125, 126. 



An Accompt presented by M"" Gardner Chandler, Treasurer of 
the County of Worcester for the last Year, having been by him 
laid before the Court of General Sessions of the Peace for the said 
County, and by them allowed, 

Eead & 

Ordered That this Acco* be allowed, and that the Sum of Eighty Six 
Pounds Nineteen Shillings & three pence one farthing, the said Treas- 
urer be Accountable to &^ County for: And that he be Accountable 
for the Sum of Twenty one Pounds Nineteen shilP & four pence 
New Tenor, outstanding of the Woodstock Taxes granted in the 
years 1748 & 1749: and the Sum of Nine pounds fifteen Shillings 
& eight pence LawfuU Money for the year 1750; & six Pounds thir- 
teen Shillings & five pence for the year 1751, and six pounds thir- 
teen Shillings & five pence for the year 1752, the said Treasurer be 
further Accountable to said County for. \_Passed August 8. 



CHAPTER 99. 



ORDER IMPOWERING JOHN BOND AND JOHN BOND, JR, TO SELL LAND 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, XX., 
510. Mass. 
Archives.xix., 
311. 

Mass. 

Archives, xix., 
310. House 
Journal, 
pp. 122, 125. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of John Bond & others for themselves & the other 
Heirs of Ezra King late of Brimfield dec*^ shewing that by the 
Death of Adonijah King a Minor one of the Heirs of the said 
Ezra, his part of the said Estate which falls to the said Heirs, 
must if divided among the Heirs be cut into very small Parts, 
therefore Praying that some of the Petitioners may be impowered 
to sell their Interest in Thirty one Acres of Land mentioned in 
the Petition, and the Money arising thereon, after the Charges of 
the Funeral of the said Adonijah, be distributed among the rest 
of the Heirs. 

Eead and 

Ordered, That the Prayer of this Pet° be granted, and that John 
Bond & Jn° Bond jun'' be and hereby are Authorized & impowered 
to Sell the thirty One Acres therein Mentioned for the most the 
same will fetch, & make & Execute a Good Deed of Sale in Law 
for the same ; they giving sufficient Caution to the Judge of Pro- 
bate for the County of Worcester, that the money arising by the 
Sale thereof be distributed among the Heirs or legal representa- 
tives of Adonijah King dec*^ according to the Law of this Prov- 
ince relating to the Distribution of Intestate Estates, as they shall 
respectively come of Age, together with the Interest that shall 
become due thereon; y^ funeral Charges of the s,^ Adonijah, and 
the charge of Selling y® s*^ Land being first deducted. [^Passed 
August 8. 



[2d Sess.] Province Laws {Resolves, etc.). — 1755-56. 369 



CHAPTER 100. 

ORDER TRANSFERRING £1,000 FROM APPROPRIATIONS FOR FORTS AND Legislative 
GARRISONS AND £1,000 FROM THE APPROPRIATION FOR THE COM- j?«cord8 of the 
MISSARY GEN^, TO THE APPROPRIATION FOR THE CROWN POINT ^j^'^uncii, xx., 
EXPEDITION. 



Laws, iii., 861, 



House Jour- 
nal, p. 126. 

Ordered that there be a Transfer from the Appropriation for Laws^uf 
Forts & Garrisons of One Thousand Pounds, and also a Transfer chap.'4. " 
from the Appropriation for Commissarys Disbursements &c^ of 
One Thousand Pounds to the Appropriation for the Crown Point 
Expedition. [^Passed August 8. 



CHAPTER 101. 

ORDER ALLOWING THE ACC^ OF THE TREAS« OF YORK COUNTY. 



An Accompt presented by [Jeremiah Moulton,] ^ Treasurer of the Legislative 
County of York, for the last Year, having been by him laid before coundf xx*^^ 
the Court of General Sessions of the Peace for the said County & 5ii. Mass. '' 
by them allowed. 4l^ivili^.!'i63. 

Read and Mass. 



Ordered That this Account be allowed; and that the Balance ^e^xivHf%63 
thereof being twelve pounds, fourteen Shillings & four pence the House j'our-' 
said Treasurer be further Accountable to said County for. \_Passed °^^_' pp- ^^^ ^i- 
August 8. 



CHAPTER 102. 

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

A Petition of Esther Davis Widow of Ebenezer Davis late of Legislative 
Acton dec*^ And Administratrix of his Estate shewing that in his councif, xx!, ^ 
Lifetime he built a new House upon his Land but left it unfinished, Archi^^s^^xix 
and a considerable Debt on his Estate, & therefore Praying for Lib- 309. 
erty to sell an old House & Barn, belonging to said Estate, for fin- Mass. 
ishing the said new House & Payment of said Debts. m'^House^'^'' 

Read and Jo™^, 

Ordered That the Prayer of this Petition be granted. And that 
the Pet' in her said Capacity of Admin^ be and hereby is impow- 
ered to sell the Old House and Barn Mentioned for the most the 
same will fetch, the proceeds thereof to be applied by her towards 
paying the Debts of the Dec<^ & finishing the new house mentioned, 
She to be accountable to the Judge of Probate for the County of 
Middlesex for the overplus if any there be. \_Passed August 9. 

' Inserted from Mass. Archives, ccxlviii., 163. 



pp. 127, 129. 



370 



Province JjAVfs {Resolves, etc.). — 1755-56. [Chaps. 103, 104.] 



CHAPTEE 103. 



Legislative 
Becords of the 
Council, XX., 
512. Mass. 
Archives, 
Ixxiv., 489. 

Mass. 
Archives, 
Ixxiv., 489. 
House Jour- 
nal, pp. 126, 127, 
128. 



ORDER DESIRING THE LIEUT GOVERNOR TO ASSIGN JN^ FLETCHER 
TO GARRISON DUTY ON THE WESTERN FRONTIERS. 

A Petition of John Fletcher of Billerica, shewing that he en- 
listed into the Service of the Expedition against Crown Point, but 
was hindred from proceeding therein by Sickness, and being now 
so far recovered as to be able to perform the Duty of a Garrison 
Soldier, praying that he may be placed in one of the Forts, & 
allowed his Pay from his first Enlistment. 

Read and 

Ordered, That the Prayer of this Petition be granted, & that 
his Honour the Lieu* Governor be desired to place the Pet^ in One 
of his Majesty's Garrisons on the Western Frontier of the Prov- 
ince to supply such Vacancy as may be made by reason of any per- 
son's inlisting into the Crown-Point Expedition; and that he be 
allowed pay and Subsistence from the time of his inlistment into 
the Crown point Expedition. \^Passed Augiist 9. 



CHAPTEE 104 



Legislative 
Records of the 
Council, XX., 
513. Mass. 
Archives, 
Ixxiv., 493. 

House Jour- 
nal, pp. 130, 134. 
Ante, p. 343, 
chap. 41. 



VOTE REFERRING TO THE ACT IN REGARD TO SCOUTS, SCALPS AND 

GARRISONS. 

Whereas It is provided in the Scalp Act of this Government, 
That Every Company of Voluntiers shall be Obliged As often as 
they March to be out at least thirty days, & to carry with them 
provisions for the whole time, which now Appears to the House 
to be inconvenient. 

Therefore 

Voted that the Said Companys shall not be held to exceed the 
Number of Twenty days from the time of their going out to the 
time of their return, nor to carry more than 20 days provisions 
with them On Each March 

And whereas in the Aforesaid Act, The Commissary General is 
directed to deliver out to the s*^ Companys provisions for One March 
only; and no Company is to consist of less than thirty men which 
is also Apprehended to be inconvenient. Therefore 

Voted that the Commissary General may; & he hereby is directed 
to deliver out to Each Company the like quantity of provisions for 
Every march they are respectively to perform as afores*^ And that 
the Number of Twenty five men, shall henceforward be deemed a 
Company. [Passed August 12. 



[2d Sess.] Province Laws (Besolves, etc.). — 1755-56. 371 



CHAPTEK 105. 

ORDER ACCEPTING REPORT ON PET^ OF JOSHUA WINSLOW, ESQ*, AND 
IMPOWERING HIM TO EXPORT PROVISIONS TO SURINAM. 

A Petition of Joshua Winslow Esq"" of Boston Merch* Praying Legislative 
that a Vessel belonging to him bound for Surinam, Duncan Ingra- councfuxxff^ 
ham Master, may be permitted to proceed thither, upon his giving ^^^j^j^^''^®^; * 
Bond at the Impost Office. 121 ' " '' 



The Committee to whom was referred the above Petition beg Mass. 
Leave to report that they are humbly of Opinion that the Prayer ^o^'^House^'' 
thereof be granted, & that the Commissioner of Impost be & hereby Journal, 
is impowered to take Bond of One Thousand Pounds Sterling of the province" ' 
Petitioner for the Landing the Provisions mentioned in the Petition, J^'^ipV"94F^' 
within the Port of Surinam ; provided the Quantity exceed not Eighty note. 
Barrells ; and that the Chief Officer of said Vessel on his Eeturn make 
Oath that the said Provisions were actually Landed within the Port 
aforesaid. All which is humbly submitted 

Per Samuel Watts per Order, 

Read and 

Ordered that the Eeport be Accepted. [^Passed August 12. 



CHAPTEE 106. 

VOTE FOR DELIV« GUN POWDER TO CAPT. JOHN WYNN. Legislative 

Records of the 
Council, XX., 

Voted that His Honour the Lieutenant Governour & Commander ^^3^ 

in Chief be desired to give Orders that half a Barrell of Powder be Mass. 
delivered out of the Province Stock to Capt. Wynn, bound out with ixxiv.^lli. 
a Party of Men on the Scalping Act against the Enemy, he giving ^°i"pf/]?>9''i32. 
Security to the Commissary General for replacing the same in the ^n<e, p.343, 

. x^ o oh flit 4-1 

Province Magazine, within three Months. \_Passed August 12. 



CHAPTEK 107. 

VOTE DESIRING THE LEU^^ GOVERNOR TO APPOINT A FAST. 

Voted that his Honour y® Leiv" Governour with y^ advice of his Legislative 
majesties Councell be Desired to Issue a Proclamation for a day of councif xx!^^ 
solemn fasting and Prayer to be observed through [ou]t this Prov- 513. Mass. ' 
ince to Humble ourselves before God Under a sense of our mani- 671. ' ' '' 
fold Transgresions, which have Provoked a Eighteous God to frown Mass. 
upon us and Earnestly to seek the Divine Presence and Blessing ^y^^House"*'* 
with the Forces Gone and going forth against our Enemies & that Journal, p. 132. 
all servile Labour & Recreations be forbidden on said day.' \^Passed and Thanks- 

Auqust 12. gi^'ng Days 

*' of New Eng- 

* The fast was appointed for August 28, 1755, and was public. ' 



372 



Province Ijaws {Besolves, etc.), — 1755-56. [Chaps. 108-111.] 



Legislative 
Records of the 
Council, XX., 
614. Mass. 
Archives, cxx., 
5!)(1). 

House Jour- 
nal, Tp. 137. 
Province 
Laws, iii., 817, 
note. 



CHAPTER 108. 

VOTE APPOINTING A COMTee fqR FARM° THE EXCISE ON TEA COFFEE 
& CHINA WARE IN SUFFOLK COUNTY. 

In the House of Eepresentatives 
Voted, That Jeremy Gridley and Samuel Miller Esq" with such 
as the Hon^^^ Board shall join, be a Com'*''' to Farm out the Excise 
on Tea, Coffee and China Ware, for the County of Suffolk. 
In Council 
Eead and Concured and Sam^ Watts Esq"^ is join'd in the Affair. 
[Passed August 13. 



CHAPTEE 109. 

VOTE APPOINTING A COMTee fqR FARM« THE EXCISE ON TEA COFFEE 
& CHINA WARE IN ESSEX COUNTY. 

Recordfof the ^^ ^^^ House of Eepreseiitativcs ; 

Council, XX., Voted that John Leach & Daniel Epes jun' Esq" with such as the 

— '- hon*"'^ Board shall join, be a Committee to farm out the Excise on 

na^i^p^ 137: '^" Tea, Coffee & China Ware for the County of Essex. 

Laws°m 817 ^^ Council ; Eead & Concur'd ; And Benjamin Lynde Esq"" is joined 

note. ' ' ' in the Affair. [Passed August IS. 



Legislative 
Records of the 
Council, XX., 
514. Mass. 
Archives, cxx., 
58(2). 

House Jour- 
nal, p. 137. 
Province 
Laws, ill., 817, 
note. 



CHAPTER 110. 

VOTE APPOINTING A COM^ee fqR FARM« THE EXCISE ON TEA COFFEE 
& CHINA WARE IN MIDDLESEX COUNTY. 

In the House of Eepresentatives 
Voted That William Lawrence Esq"" and M' James Eussell with 
such as the HonV® Board shall join and be a Committee to farm 
Out the Excise on Tea Coffee and China Ware for the County of 
Middlesex, 

In Council 
Eead and Concurr'd and James Minot Esq' is joined in the Affair. 
[Passed August 13. 



CHAPTER 111. 



Legislative 
Records of the 
Council, XX., 
514. Mass. 
Archives, cxx., 
57(3). 

House Jour- 
nal, p. 137. 
Province 
Laws, iii., 817, 
note. 



VOTE APPOINTING A COM'^^^ FOR FARM« THE EXCISE ON TEA COFFEE 
& CHINA WARE IN HAMPSHIRE COUNTY. 

In the House of Eepresentatives 

Voted That Joseph Hawley Esq"" and M"" Edward Taylor, with such 
as the HonV® Board shall join, be a Committee to farm out the Ex- 
cise on tea. Coffee and China Ware, for the County of Hampshire, 

In Council Eead & Concur'd And Eleazar Porter Esq"" is joined 
in the Affair. [Passed August 13. 



[2d Sess.] Province Laws (Besolves, etc). — 1755-56. 373 



CHAPTER 112. 

VOTE APPOINTING A COMtee fqR FARM« THE EXCISE ON TEA COFFEE Legislative 

& CHINA WARE IN WORCESTER COUNTY. Councif xx*^^^ 

In the House of Eepresentatives Archives, cxx., 

Voted That Timothy Pain Esq"" and M'' David Wilder with such House Jour- 

as the Honb^^ Board shall join, be a Committee to farm out the nai, p. m. 

Excise on tea Coffee and China Ware for the County of Worcester Laws, m., sn, 
In Council Read and Concurr'd and John Chandler Esq' is joined °°^- 

in the Affair. [Passed August 13. 



CHAPTER 113. 

VOTE APPOINTING A COM™^ FOR FARM» THE EXCISE ON TEA COFFEE, 
& CHINA WARE IN PLYM^ COUNTY. 

In the House of Representatives ; r^?'^!?"^I 

Voted that Thomas Foster Esq'' and M'^ John Brewster with such councif, xx.,^ 
as the hon'''' Board shall join be a Committee to farm out the Ex- ^i^- 



else on Tea Coffee & China Ware, for the County of Plymouth. na^p^.isT' 

In Council; Read & Concur'd; And John Cushing Esq"" is joined Province' 
in the Affair. [Passed Augiist 13. notef'"^"®^^' 



CHAPTER 114. 

VOTE APPOINTING A COM^ee FOR FARM« THE EXCISE ON TEA COFFEE, 
& CHINA WARE IN BARNSTABLE COUNTY. 

In the House of Representatives R^^*^lf**^fth 

Voted that James Otis & Nath' Stone Esquires with such as the council, xx., 
Hon'''^ Board shall Join be a Committee to farm out the Excise on ArchircsTcxx., 

Tea Coffee & China Ware for the County of Barnstable. 58 (i). 

In Council Read & Concur'd & John Otis Esq"" is joined in the House Jour. 
Affair. [Passed August 13. province^' 

Laws, ill., 817, 
note. 



CHAPTER 115. 

VOTE APPOINTING A COM^ee fqR FARM« THE EXCISE ON TEA COFFEE, 
& CHINA WARE IN BRISTOL COUNTY. 

In the House of Representatives; Refordfofthe 

Voted that M'" Jonathan Barney & M"" Thomas Moorey with such council, xx., 

as the hon^^^ Board shall join, be a Committee to farm out the Ex- ^— 

cise on Tea Coffee & China Ware for the County of Bristol. na^'p^m"""" 

In Council; Read & Concur'd; And George Leonard Esq' is Province 
joined in the Affair. [Passed August 13. note.^' "^'' ' 



374 



Province Laws {Besolves,etc.). — 1755-56. [Chaps. 116-119.] 



CHAPTEE 116. 



VOTE APPOINTING A COM^'='= FOR FARM« THE EXCISE ON TEA COFFEE, 
& CHINA WARE IN YORK COUNTY. 



Legislative 
Records of the 
Council, XX., 
615. 

House Jour- 
nal, p. 137. 
Province 
Laws, iii., 817, 
note. 



In the House of Representatives; 

Voted that M' John Bradbury & M"" Thomas Perkins with such 
as the hon""'^ Board shall join, be a Committee to farm out the Ex- 
cise on Tea, Coffee & China Ware for the County of York. 

In Council; Eead & Concur'd; And John Hill Esq"^ is joined in 
the Affair. [Passed August IS. 



CHAPTEE 117. 



Legislative 
Records of the 
Council, XX., 
51.5. Mass. 
Archives, cxx., 
59(2). 

House Jour- 
nal, p. 137. 
Province 
Laws, lii., 817, 
note. 



VOTE APPOINTING A COM™e FOR FARM" THE EXCISE ON TEA COFFEE, 
& CHINA WARE IN DUKES COUNTY. 

In the House of Representatives 

Voted that Zacheus Mayhew & John Sumner Esq""^ with such as 
the hon'''^ Board shall join be a Committee to Farm out the Excise 
upon Tea Coffee & China Ware for the County of Dukes County 

In Council; Read & Concur'd & John Allen Esq' is joined in the 
Affair. [Passed Augtist 13. 



CHAPTEE 118. 



VOTE APPOINTING A COM^ee FOR FARM« THE EXCISE ON TEA COFFEE, 
& CHINA WARE IN NANTUCKET COUNTY. 



Legislative 
Records of the 
Council, XX., 
515. 

House Jour- 
nal, p. 138. 
Province 
Laws, iii., 817, 
note. 



In the House of Representatives; 

Voted that Abishai Folger Esq'" & Capt John Roach with such as 
the hon^^^ Board shall join, be a Committee to farm out the Excise 
on Tea, Coffee & China Ware for the County of Nantucket. 

In Council; Read & Concur'd; And John Bunker Esq" is joined 
in the Affair. [Passed August 13. 



CHAPTEE 119. 



Legislative 
Records of the 
Council, XX., 
516. Mass. 
Archives, 
cxvii., 38. 

Mass. 
Archives, 
cxvii., 37. 
House Jour- 
nal, pp. 140, 141. 
Province 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PET** OF ELEAZ. 
WILLIAMS & SETH SUMNER TO SET ASIDE JUDGMENTS. 

A Petition of Eleazar Williams & Seth Sumner, Proprietors of 
the new Township called Dorchester Canada, shewing that Caleb 
Dana and Elisha Coolidge, (two others of the Proprietors) under- 
took upon certain Conditions to build a Grist Mill in said Planta- 
tion, and to keep it in Repair for Fifteen Years, &c* that th6 they 
have done Nothing of this Work, they have sued the Petitioners 
& the other Proprietors, at the Inferiour Court of Common Pleas 
for the County of Middlesex, & recovered Judgment by Default 



[2d Sess.] Province Laws {Resolves, etc.). — 1755-56. 375 

in divers Actions, and Executions are issued out against the Peti- ^ifa^^gj^"'^"^' 
tioners, and therefore Praying that the said Judgments may be set 
aside, and if need be, the Petitioners may be allowed another Trial 
of the said Actions, & that the Executions may be staid ; 

Read and 

Ordered That the Petitioners serve the adverse Party with a Copy 
of this Petition that So they may Shew cause, if any they have, on 
the Second Thursday of the next Sitting of this Court, why the 
Prayer thereof Should not be granted: And That the Execu- 

tion within mentioned be Staid in the mean time; Provided the 
Pet" give Sufficient Security to the Sheriff of the County within 
mention'd to pay what sum shall be finally recover'd of them with 
the lawful Interest for the Same from this time to the Day when 
final Judgment shall be made up.' \_Passed Augtcst 13. 



CHAPTER 120. 

ORDER IMPOWERING BENJ'^ & EDWARD DAVIS TO EXPORT PROVISIONS 

TO ESQUEL. 

A Petition of Benjamin & Edward Davis of Boston Merch** R^^'rd%^th 
shewing that they have a Vessel lately arrived from Esquel near council, xx., 
Suranam, whither she is obliged to return and take in the Effects Archi^es^^ixv. 

of her Cargo, and therefore praying that She may be allowed to ^^ \ 

carry Provisions there, upon the Petitioners giving Bond as usual. Mass. 

-D*^ 1 1 & o Archives, Ixv., 

Kead and ^ 122. House 

Ordered That the Prayer of this Petition be so far granted, as pp"[^5^'i4o 
that the Comissioner of Impost be and hereby is impowered to take 
Bond of One thousand Pounds sterl^ of the Pef® for y® landing of 
the Provisions mentioned therein at the Port of Esquel, provided 
that the quantity does not exceed one hundred bar'^ and that the 
chief Officer of said Vessel, on his return make oath that the said 
provisions were actually landed within the Port aforesaid. And that 
upon his taking the said Oath the said Bond be cancelled. [^Passed 
August 13. 

CHAPTER 121. 

ORDER IMPOWERING MARG^ SPRING, ADM^, TO SELL LAND AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Margaret Spring of Weston Widow of Thomas Legislative 
Spring Dec*^ and Administratrix of his Estate, & also Administ^ Councif xx!*** 
on the Testament of Elisabeth Upham of Weston of which Testa- 515. Mass. ' 
ment the said Thomas was appointed Executor, that therein were 307? ^^ ' ' ' ' 
contained divers Bequests or Legacies in Money but no Personal Mass. 
Estate left to discharge them, therefore Praying that the Petitioner ^6*^^House^^" 
may be impowered to sell some Lands which the said Thomas held Journal, 
in Partnership with others, (which is uncapable of Division) for the Frovince*"^' 
Pavment of the said Legacies &c^ ^►JV^^'in'^^^' 

^ o chap. 10. 

Kead and 

Ordered, That the Prayer of this Pet° be so far granted, as that 

the said Margaret be & hereby is impowered in her said Capacity 

^ At the hearing, February 2, 1756, House Journal, p. 304, this petition was dismissed. 



376 



Province JjAws (Besolves, etc.). — 1755-56. [Chaps. 122, 123.] 



of Admin^ to make Sale of that part of the Lands therein men- 
tioned belonging to the said Thomas Spring deceased for the most 
the same will fetch, & to make and execute a good and sufficient Deed 
or Deeds of the same as fully as s"^ Heirs could do if of full age ; 
She to be accountable to the Judge of Probate for the County of 
Midd^ for the produce of Said Sale which after the Debts & Legacies 
mentioned be first paid, is to be divided among the Heirs of the s^ 
Thomas According to Law. [Passed August 14.^ 



CHAPTEK 122. 



Legislative 
Records of the 
Council, XX., 
517. Mass. 
Archives, 
Ixxiv., 494. 

House Jour- 
nal, p. 142. 
Province 
Laws, ill., 948, 
note. Ante, 
p. 343, chap. 41. 



VOTE DESIRING THE COMMANDER IN CHIEF TO ENLIST TEN ADDI- 
TIONAL MEN FOR THE SCOUT BETWEEN CONNECTIC^ & MERRIMACK 
RIVERS. 

Voted That his Honour the Commander in chief be desired to 
give Orders for the inlisting Ten Men as an addition to the thirty 
men already Ordered to Scout between Connecticut & Merrimack 
Eivers, the said Ten Men to be imployed in said service for a term 
not exceeding Six Weeks. [Passed August 14. 



CHAPTEE 123. 

VOTE CONFIRMING THE MINISTERIAL TAXES LEVIED AND ASSESSED 
IN THE TAUNTON & MIDDLEBORO PRECINCT AND IMPOWERING THE 
COLLECTORS TO DEMAND AND RECEIVE THE SAME. 



Legislative 
Records of the 
Council, XX., 
518. Mass. 
Archives, xiii., 
670. 

Mass. 
Archives, 
cxvii., 34-36. 
House Jour- 
nal, pp. 129, 138, 
141. Province 
Laws, iii., 714, 
chap. 23. 



A Petition of Benjamin Paul & Zebiilon Leonard, two of the 
Committee of the Precinct called Taunton & Middleborough, Pre- 
cinct, shewing that by a Vote passed in a Meeting of the said Pre- 
cinct a Tax was granted for the Support of the Ministry & committed 
to the Collectors of said Precinct, but great Difficulties are arisen 
in levying the same, because one of the Committee who called the 
said Meeting had not taken the Oath respecting the Bills of Credit 
of the Neighbouring Governments, Praying that this Court would 
confirm the Proceedings in said Meeting, Notwithstanding said 
Omission. 

Voted, That the Taxes raised & Assessed on The Inhabitants of 
the abovementioned Precinct, be and they hereby are declared good 
and Valid in Law to all intents and purposes, altho one of the said 
Com*''® who granted the Warrant for Calling the meeting for the 
raising said Taxes omitted taking the oath required by Law respect- 
ing the paying and receiving the Bills of Credit of the neighbour- 
ing Governm*^ And that the Collectors of Taxes in said precinct be 
and they herby are as fully Authorized to collect, demand & receive 
the several Sums Committed to them to Collect of the Several In- 
habitants by said Tax as they would have been, had all the Com'^' 
who called the said Meeting, taken the said Oath required by Law. 
[Passed August 14. 

* This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is August 13. 



[2d Sess.] Province Laws {Resolves, etc.). — 1755-56. 377 



CHAPTEK 124. 

VOTE FOR INLISTING ADDITIONAL RECRUITS AT FORT DUMMER, 

A Petition of Nathan Willard Commander of Fort Dummer, Legislative 
shewing that the Number of the Garrison Soldiers there is so councif, xx!^^ 
reduced as renders it hazzardous, that upon the Appearance of 520. Mass. ' 
any Body of the Enemy it will fall into their Hands, Praying that ixxiv.,487. 



the said Garrison may be reinforced. Mass 

Bead and _ _ i^^^lti. 

Voted, That his Honour the Commander in chief be desired to House'jour- 
give Directions to y" Memorialist Nathan Willard to inlist six Men fio.' ^'province' 
for a term not exceeding six Weeks as an Augmentation of the forces note^'"nie*^' 
already posted at Fort Dummer, None of the said six men to be p. 343, chap! 41. 
inhabitants of that place or of the Lands round about y^ same except 
Daniel Sargent who is now there; and that each of the said six Men 
be paid one Dollar as a Bounty On their inlistment as aforesaid. 
[Passed August 1-i.^ 



CHAPTEE 125. 

VOTE DESIRING THE LIEUT. GOVERNOR TO GIVE ORDERS FOR A 
GUARD OF THIRTY MEN, TO PROTECT THE STORES TO BE SENT TO 
FORT HALIFAX AND THE WORKMEN EMPLOYED THERE. 

Voted that His Honour the Lieuten* Governour be desired to give Legislative 
Orders that a Detachment of Thirty Men be made out of the sev- gounc'if xx*^^ 
eral Companies, raised for the Defence of the Eastern Frontiers, 521. 
that are destined to march from New Boston to Frankfort ; & to Mass. 
Frankfort to the Block House on S* Georges Eiver, & to be em- ^^xh'^.^49'5. 
ployed in guarding the Provisions &c^ up to Fort Halifax, & in ^a^i"®^'''i'42'^i43 
Guarding the Workmen while at Work, as the Commanding Officer Anu^^.ui, 
of said Fort shall order; and that his Honour the Lieutenant Gov- ^''^^p-*!- 
ernour be desired immediately to give Orders to the respective Cap- 
tains of the said Companies, to furnish their Proportions of the said 
Thirty Men, specifying the Number that each is to furnish, who are 
to repair to the Commanding Officer of said Fort, without Loss of 
time, And in Order that the said Soldiers so draughted may be sat- 
isfied with their Duty, the Commanding Officer afores*^ is to assure 
them in the Name & Behalf of the Government that eJEfectual Care 
shall be taken to releive them in a time not exceeding three Months 
from this time. [Passed August 14.^ 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is August 15. 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is August 15. 



378 



Province Laws {Resolves, etc.). — 1755-56. [Chaps. 126, 127.] 



CHAPTEK 126. 



Legislative 
Records of the 
Council, XX., 
517. Mass. 
Archives, 
Ixxiv., 496. 

House Jour- 
nal, p. 143. 



VOTE REFERR« TO SOLD^s IN SERVICE THAT HAVE RECOVERED JUDG- 
MENTS, &c^. 

Whereas it appears to this Court that divers persons who are 
now employed in his Majesty's Service have obtained Judgments 
in the Executive Courts for their Debts or Damages and Costs; but 
it so happens that their Executions cannot be issued out of the said 
several Courts by reason said Plaintiffs have no opportunity to take 
the previous Oath respecting their receiving or paying in this Gov- 
ernm* any Bill or Bills of Credit of the Governm*^ of Connecticut, 
New Hampshire or Ehode-Island : Therefore 

Voted, That where it appears to the Clerks of the respective 
Executive Courts that any person or persons are in said Service & 
were gone into the same before there Judgm*^ were recovered (either 
by Certificate from the Muster-Master, or Oath of their Attorney,) 
in every such Case it shall be lawful for the Clerks aforesaid respec- 
tively, and they are hereby directed to issue said Executions, & to 
certify thereon that the said Plaintiffs are in the Actual Service of 
the Province, and the same Executions shall be good & Valid in the 
Law to all Intents & purposes whatsoever. \^Passed August 15.^ 



CHAPTER 127. 

RESOLVE DESIRING THE LIEUT. GOVERNOR TO DISMISS DAVID INGER- 
SOL, ESQ", FROM ALL POSTS OF HONOR OR PROFIT, AND DIRECTING 
THE ATTY GEN^- TO BRING SUIT FOR THE RECOVERY OF MONEY 
DUE PROVINCE. 



Legislative 
Records of the 
Council, XX., 
518. 

Mass. 

Archives, 1., 
289-298. Leg. 
islative Rec- 
ords of the 
Council, XX., 
479,502. House 
Journal, pp. 22, 
25, 70, 71, 112, 
143,144,147,148. 



In Council; Whereas it appears to this Court that David Inger- 
sol Esq' of Sheffield hath, in Violation of his Trust as one of the 
Select Men of said Town been guilty of defrauding the Govern- 
ment of the Sum of Forty two Pounds fourteen Shillings & eight- 
pence in Manner & Form as set forth in the Eeport of a Committee 
of this Court of 13*^ of June last; and whereas the said David & 
the Rest of the Select Men, together with Luke Noble, Constable 
of said Town were ordered to attend this Court on the first day of 
their present Sitting, in order to his being examined concerning the 
forementioned Fraud, at which time the Parties aforesaid (except 
the said David) accordingly attended, and by their Testimony the 
Fraud was made fully evident. Therefore, 

Resolved that the said David is unworthy to sustain any Office or 
Post either of Honour or Profit within this Government; and that 
his Honour the Lieuten' Governour be accordingly desired to dis- 
miss the said David from any Post he may sustain in the Militia, 
and that His Honour would likewise with the Advice & Consent 
of his Majesty's Council, remove the said David from the Office of 
a Justice of the Peace or any other Civil Office he may sustain in 
the Government. And Edmund Trowbridge Esq"" Attorney General 
is hereby impowered & directed to commence & pursue an Action 
on behalf of this Government, for recovery of the Moneys of which 

^ This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is August 14. 



[2d Sess.] Province Laws (Hesolves, etc.). — 1755-56. 379 

he the said David hath defrauded this Province; and also all Charges 
that have arisen or may arise thereby ; and to prosecute him by filing 
an Information against him for the Fraud aforesaid, or otherwise 
according to Law: In the House of Eepresentatives ; Eead and 

Concur'd. [Passed August 15. 



CHAPTER 128. 

ORDER REFERRING ALL UNFINISHED MATTERS. 

Ordered that all Matters & Things that had Day at this Sitting Legislative 
of the Court which have not or shall not be passed upon before the councff.xx^l^^ 

Court rise, be referred over & have the same day at the next Sitting ^_}^ 

of the Court. \ Passed August 15. House Jour- 

■- '^ nal, p. 147. 



CHAPTER 129. 

VOTE IN REGARD TO ATTACHING THE PENOBSCOT INDIANS AS ALLIES. 

Whereas on the 10*^ day of June ' last, this Court agreed that in Legislative 
the Declaration of War the Penobscot Tribe of Indians should be councif, xx!f ^ 
exempted, and that an Offer should be made them that in Case 520. 
they would bring in their Invalids their Women & Children, they Mass. 
should be taken under the Protection of this Government and be xxxu\^662-667. 
supported by it, and that the remaining part of their Tribe (being ^°j"®® "^s^n- 
their able bodied & effective Men) should act offensively with us 128.' Ante, 
against the other Tribes, in order to preserve Friendship between ^' > *^ ^p- • 
us & the said Tribe; And Whereas notwithstanding the said Pro- 
posals made them, the Government remain at Uncertainty as to 
what are their Eesolutions on this Head, Therefore, 

Voted that his Honour the Commander in Chief be desired as 
soon as may be, to write to the said Tribe of Indians & acquaint 
them that this Government think it necessary for their Safety, as 
well as ours, that they forthwith accept the said Proposals, other- 
wise their Eefusal or Delay will constrain them to treat them as 
Enemies, in Common with the other Tribes, against whom War 
has been declared. 

And to prevent their pleading in Excuse, for Eefusing the afore 
mentioned Proposals, Our therein Insisting upon their taking up 
Arms with us against the other Tribes as aforesaid. To inform them 
that it will be satisfactory to this Government, If instead thereof, 
their young Men come in with the Eest of their Tribe & put them- 
selves under the Care & Protection of this Government. And that 
his Honour do likewise give them Assurance that any Matters of 
Grievance that may have occurred since the last Treaty with them 
at Falmouth shall be duly inquired into, as soon as conveniently 
may be, (their immediate Compliance with the said Proposals not- 
withstanding;) And that such Measures shall be taken for their 
quiet & Satisfaction, as upon such Inquiry shall appear to be just 
& reasonable. [Passed Aiigust 15. 

^ "July," in Legislative Records of the Council, xx., 520, which is incorrect. 



380 



Province Laws {Resolves^ etc.). — 175 5-5 6 . [ Chaps . 130-132.] 



Legislative 
Records of the 
Council, XX., 
5'21. Mass. 
Archives, 
ccxlviii., 182. 

Mass. 
Archives, 
ccxlviii., 182. 
House Jour- 
nal, pp. 13, 31, 
148. 



CHAPTEK 130. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL 

COUNTY. 

An Accompt presented by M"" Robert Luscomb Treasurer of the 
County of Bristol for the last Year, having been by him laid before 
the Court of General Sessions of the Peace for the said County & 
by them allowed. 

Read and 

Ordered That this Account be Allowed, except one Article of 
fourteen Shillings paid Ebenezer Linken for which there is no 
Voucher, And that the Ballance thereof being thirty one Pounds 
And one penny half penny (including the said fourteen Shillings) 
the said Treasurer be further accountable to said County for. 
l^Passed August 16. 



CHAPTEK 131. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK 

COUNTY. 

Records*of the ^^ AccoMPT presented by Richard Bill Esq'' Treasurer of the 
Council, XX., County of Suffolk for the last Year, having been by him laid 
before the Court of General Sessions of the Peace for the said 
County & by them allowed. 
Read & 

Ordered that this Accompt be allowed & that the Ballance thereof, 
being Twenty four Pounds three Shillings & five pence farthing the 
said Treasurer be further accountable to said County for. \^Passed 
August 16. 



522. 

House Jour- 
nal, pp. 13, 31, 
148. 



CHAPTEK 132. 



Legislative 
Records of the 
Council, XX., 

522. Mass. 
Archives, 
Ixxiv., 420. 

House Jour- 
nal, p. 149. 



ORDER ALLOWING 22/ TO NEHEMIAH STEBBINS. 

A Petition of ISTehemiah Stebbins a Soldier in the Western Fron- 
tiers shewing that he was omitted out of the Muster Roll of his Com- 
pany Eleven Days whereon he was on Duty, Praying to be allowed 
his Pay for that Time. 

Read and 

Ordered That the Prayer of this Petition be granted, and That 
there be allowed and paid out of the Public Treasury the Sum of 
twenty two shillings to the Petitioner, in full Consideration for his 
services mentioned. [Passed August 16. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1755-56. 381 



CHAPTEK 133. 

VOTE DESIRING THE LIEUT. GOVERNOR TO WRITE TO THE SOUTHERN 
GOVERNM^s TO ALLOW VESSELS WITH PROVISIONS TO CLEAR FOR 
PORTS OF BOSTON AND SALEM. 

In the House of Represent^ RlfordTofthe 

Whereas the House are informed That by the Acts of the south- councn, xx., 
ern Governm'* Vessels are restrained from clearing out for this Prov- ArchivesTvi., 

ince with Provisions, which prohibition may occasion a great Scarcity '^^ 

of Provisions among us, And thereby not onl