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

i;;!i!;i!;i!:i ''^ ' 



THE 



ACTS AND RESOLYES, 



PUBLIC AND PKIVATE, 



Province of the Massaohusehs Bay; 



TO WHICH ARE PREFIXED 



THE CHARTEES OF THE PROVINCE. 



HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX. 



Published under Chapter 87 op the Resolves op the General Court 
OP THE Commonwealth for the Year 1867. 



Y O L U M E X Y I I . , 
BEING VOLUME XII. OF THE APPENDIX. 

containing 

RESOLVES, ETC., 1761-1764. 



BOSTON: 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1910. 



Ik 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1761-62. 



m 



LEGISLATIVE LIST^ 



1761-62. 



His Excellency FRANCIS BERNARD, 

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

ANDREW OLIVER, Esq., 

SECRETARY of the PROVINCE. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Colony of the Massachusetts Bay ; 



Hon. Thomas Hutchinsonn 
John Osborne 
Benjamin Lynde 
Samuel Danforth 
Samuel Watts 
John Chandler 
Andrew Oliver 
Isaac Royall 
John Erving 



James Bowdoin 
Thomas Hancock 
Thomas Hubbard 
Ichabod Plaistead 
EsQRS. Israel Williams 

Harrison Gray 
John Choate 
James Russell 
Thomas Flucker 



•ESQRS. 



Of the Inhabitants of or Pro^prietors of Lands luithin the Territory formerly 
called the Colony of Neio Plymouth ; 

John Gushing )^ Silvanus Bourn 

George Leonard ( ^ * Gamaliel Bradford 



ID ) 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands toithin the Territory formerly 
called the Province of Maine ; 

John Hill, Richard Cutt & Nathaniel Sparhaavk, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying 
betioeen the River of Sagadahoc <& Nova Scotia ; 

William Brattle, Esq. 

' See Legislative Records of the Council, xxiv., 1-5. 



[31 



Province Laws {Resolves, etc.). — 1761-(32. [Representatives.] 

i^or the Province at large: — 
Benjamin Lincoln & Peter Oliver, Esqrs. 



REPRESENTATIVES OR DEPUTIES. 



May 27, 1761 to AjiHl 24, 1762. 



Mr. JAMES 
County of Suffolk. 

Boston, . . . Royall Tyler, Esq., 
John Phillips, Esq., 
James Otis, Jr., Esq., 
Thoma.s Gushing, Es(|. 

Weymouth, . . Mr. James Humphrey. 

Hingham, . . Mr. Joshua Hearsay. 

Roxbury, . . Mr. Samuel Heath. 

Dorchester, . . Nathaniel Hatch, Esq. 

Milton, . . . Andrew Belcher, Esq. 

Braintree, . . Capt. Ebenezer Thayer. 

Stoughto7i, . . ]\Ir. Joseph Hewins. 

Wrentham, . . Capt. Timothy Metcalf. 

Dedham, . . Eliphalet Pond, Esq. 

Medjield, . . Capt. Peter Coolidge. 

Medway, . . Mr. Elisha Adams. 

Chelsea, . . Thomas Goldthwait, Esq. 

Needham, . . Mr. Amos Fuller. 

County of Essex. 
Salem, . . . Stephen Higginson, Esq., 

Mr. Nathaniel Rojjes. 
Ipswich, . . John Choate, Esq., 

Samuel Rogers, Esq. 
Newbury, . . Joseph Gerrish, Jr., Esq., 

John Brown, Esq. 
Lynn, . . . Benjamin Newhall, Esq. 
Marblehead, . John Tasker, Esq., 

Jacob Fowle, Esq. 
Andover, . . Samuel Phillips, Esq. 
Beverly, . . Mr. Henry Herrick. 
Rowley, . . . Mr. Thomas Lancaster. 
Salisbury, . . Caleb Cushing, Esq. 
Haverhill, . . Richard Saltonstall, Esq. 
Olocester, . . Thomas Sanders, Jr., Esq 
Almsbury, . . Thomas Rowell, Esq. 
Bradford, . . Capt. Benjamm Milliken. 
Boxford, . . Mr. Thomas Perley. 
Danvers, . . Mr. Thomas Porter. 
Topsfield, . . IMr. John Gould. 

> The House Journal, p. 2G, reads, Ezekiel Cheov 



OTIS, Speaker. 

County 

Cambridge, 

Charlestown, 

Woburne, 

Concord, 

Reading, 

Newton, 

Sudbury, 

Marlborough, 

Groton, Shirley 

& Pepjierrell, 

Watertoum, 

Billerica, . 

Framingham, 

Lexington, 

Weston, 

Chelmsford, 

Maiden, 

Medford, 

Westford, 

Waltham, 

Sherburn, 

Littleton, 

Stoiv, . 

Lincoln, 



OF Middlesex. 
Andrew Bordman, Esq. 
James Russell, Esq.' 
Mr. James Fowle. 
Charles Prescot, Esq. 
Mr. John Temple. 
Thomas Greenwood, p]sq. 
John Noyes, Esq. 
Mr. John Warren. 

William Lawrence, Esq. 

Mr. Daniel Whitney. 
Capt. Enoch Kidder. 
Joseph Buekminster, Esq. 
William Reed, Esq. 
Elisha Jones, Esq. 
Oliver Fletcher, Esq. 
Mr. Ezra Green. 
Stephen Hall, Esq. 
Capt. Jonas Prescot. 
Samuel Livermore, Esq. 
Mr. Jonathan Russell. 
Mr. Josejjh Harwood. 
Mr. He[n]ry Gardner. 
. Chambers Russell, Esq. 



County of Hampshire. 

Springfield, . . John Worthington, Esq. 

Josiah Dwight, Esq. 

Northampton &' I i^ • w t- 

^ „ > Tnnothy Dwight, Esq. 

-S" Hampton, S ^ o ' -i 

Hadley, 

S" Hadley 

and Amherst, 

Hatfield, . 

Westfield, . 

Sheffield & 

Egremont, 

Sunderland, 

Montague & 

New Salem, 

er chosen representative in the place of James Russell. 



Eleazer Porter, Esq. 

. Oliver Partridge, Esq. 
. David Moseley, Esq. 

> John Ashley, Esq. 
Mr. Fellows Billing;. 



[Representatives.] Province Laws {Resolves, etc.). — 1761-()2, 



CoL'XTY OF Hajipshike — Concluded. 

Brim field & ) -,. . , ^ , „ 

-' > Daniel Burt, Esq. 

Monson, ) 

Deerfield and 

Greenfield, 

Stockbridge, 

County 

Worcester, . 
Lancaster, . 

Leicester & 
Spencer, 
Mendon, 
Brook field, 
Sutton, 
Rutland ajid 
liull'^ District, 
Stockbridge,"^ . 
Oxfoi'd and 
Charlton, 
Westborough, . 
Bolton, . 
Southborough, 
Uxbridge, . 
Hardivick, . 
Petersham, 



> Elijah Williams, Esq. 
. Mr. Elijah Williams. 

OF Worcester.' 
. Timothy Paine, Esq. 
. AVilliam Richardson, 
i:sq. 

> Capt. John Brown. 

. Mr. Nathaniel Nelson. 
. Jedidiah Foster, Esq. 
. Capt. Henry King. 

> John Murray, Esq. 
. Moses Marcy, Esq. 

> Capt. Edward Davis. 

. Capt. Bazaleel Eager. 
. John Whiteoml), Esq. 
. Capt. Ezra Taj'lor. 
. Capt. Solomon Wood. 
. Timothy Ruggles, Esq. 
. Mr. Joshua Willard. 



County ok Plymouth. 
Plymouth, . . . Thomas Foster, Esq. 



Scituate, 
Marshjield, 
Dnzbury, . . 
Bridgwater, 
Middle borough , 
Eochester, . 
PlymptoJi, . 
Pembroke, . 
Kingston, . 
Abbington, . 
Hannoever,'^ . 



Thomas Clapp, Esq. 
John Winslow, Esq. 
Capt. Briggs Alden. 
Daniel Howard, Esq. 
Capt. Ebenezer Sprout. 
Capt. Nathaniel Ruggles. 
Capt. John Bradford. 
Josiah Keen, Esq. 
Capt. Robert Bradford. 
Mr. W^oodbridge Brown. 
Ezekiel Turner, Esq. 



County of Baenstable. 

Barnstable, . . James Otis, Esq. 

Sandwich, . . Mr. Stephen Nye. 

Eastham, . . Mr. Jonathan Doane. 

Harwich, . . Mr. Chillingworth Fos- 
ter, Jr. 

Falmouth, . . Capt. Joseph Robinson. 

Truro, . . . Mr. Josiah* Atkins. 

County of Bristol. 



Taunton, . 
Rehoboth, . 
Norton, 
Swanzey, 
Dartmouth, . 
Attleborough, 
Dighton, . 
Freetoion, 



James Williams, Esq. 
Mr. Noah Sabin, Jr. 
Thomas Morey, Esq. 
Jerathmeel Bowers, Esq. 
Mr. Walter Spooner. 
Mr. Stephen Fuller. 
Mr. Ebenezer Stetson.' 
Thomas Gilbert, Esq. 



County of York. 
York, .... Jolm Bradbury, Esq. 

Kittery, . . . Capt. James Gowen. 
Wells, . . . Joseph Sayer, Esq. 
Berivick, . . . Benjamin Chadbourn, 

Esq. 
Arimdel, . . . Capt. Thomas Perkins. 
Bideford, . . . Mr. Samuel Jordan. 

County of Cumberland. 
Falmouth, . . Samuel Waldo, Esq. 
North Yarm", . Jeremiah Powell, Esq. 
Scarborough, . Edward Milliken, Esq. 

Dukes County. 
Edgar Town, . John Norton, Esq. 



Chilmark, 

Tisbury, . 



Mr. Jonathan Allen. 
Mr. James Athearn. 



In the County of Nantucket. 
Sherburn, . . Abishai Folger, Esq. 



1 The House Journal, p. 43, reads, Capt. Israel Taylor chosen representative of Harvard. 
^ House Journal, p. 4, reads, " Stur bridge." 

* Sic, for Hanover. 

* House Journal, p. 4, reads, "Mr. Isaiah Atkins." 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-seventh Day of May, A.D. 1761. 



CHAPTEK 1. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF WORCESTER 

COUNTY. 

An Account of Gardner Chandler Esq"' Treasurer for the County Legislative 
ot Worcester, having been presented to the Court for their allowance counc'if, x'xil®, 

Read and P^ 

Ordered That the within account be allowed, and that the Treas- H^use Jour-^ 
urer be discharged the Sum of One hundred and twenty seven pounds, ^^ * ^^" ' 
seventeen shillings and three pence: and that the said Treasurer be 
further accountable to said County for the ballance of said account 
being ninety three pounds four shillings and three farthings, As 
Also for the Taxes laid on the Town of Woodstock since the Year 
1748. still outstanding when he receives the same. \^Passed May SO. 



CHAPTEE 2. 

ORDER ALLOWING THE ACCOUNT OF THE TRUSTEES OF HASSANIMISCO Legislative 

INDIANS. Records of the 

Council, XXIV., 
12. Mass. 

An Account of John Chandler Esq"" and Others Trustees for the ^xxm^^ik. 

Hasanamisco or Grafton Indians having been presented to the Court '^^^ 

for their allowance. Archives, 

■T) T T xxxili., 165. 

Keaa ana House Jour- 

Ordered that the within Ace* be allowed and the Ball^ due to the pro^'-nJ'^" 
said Indians being five shillings and four pence the said Trustees Laws, xvi., 241, 
are further Accountable for. ^{Passed May 30. chap. 76. note. 



CHAPTER 3. 

VOTE IMPOWERING THOMAS PENNELL TO REVIEW A JUDGMENT. 

A Petition of Tho® Pennell of Falmouth in the County of Cum- Legislative 
berland Setting forth That on the SS-^ of January 1760 he obtained goSncff, xxh^, 
an order of the Great and General Court to bring a Writ of Review 667; xxiv., 15. 
of an Action wherein he was original Defendant and Sam^ Small House Jour- 
Plaintiff. That in his Petition upon which said Order was founded, \m\); p. 23. 

[7] 



Province Laws ( Resolves ,etc.). — 1761-62. [ Chaps .4,5.] 



Province 
Laws, xvi., 455, 
chap. 233. 



the Facts were but imperfectly stated, and the order such, as not to 
afford him the benefit he hoped to reap from it, as to the Merits of 
said action. And praying He may be again enabled to bring the 
Cause in the same superior Court at their next Term in the County 
of York, by the Eeview of a Judgement given against him upon a 
Xonsuit, and there produce as part of the case, the Copy of the 
case that should have been brought in upon the Appeal, or other- 
wise relieve him. 

Eead together with the answer of M"" Samuel Small, and 
Voted That the Prayer of this Petition be so far granted, as that 
the Petitioner be and hereby is impowered to commence and prose- 
cute at the Superior Court to be held at York on the third Tuesday 
of June in the Y^ear 17G2, a review of the Judgment rendred against 
him on the Xonsuit on the appeal mentioned in the Petition and there 
produce as part of the case the copy of the case that should have been 
brought into Court on the Appeal had the same been prosecuted. 
And that the said Court be, and is hereby fully impowered to hear 
and try the whole merits of the cause in the same manner as they 
might have done had there been no such nonsuit; and to enter up 
Judgment and award Execution accordingly. And if the Issue should 
be for the Plaintiff in said Review to reverse the Judgment given 
on said Complaint and award execution accordingly as well as on 
the Judgment rendered on the Nonsuit, the Judgment given on the 
nonsuit aforesaid and the Judgment given on the Complaint not- 
withstanding. [Passed June 2. 



CHAPTER 4 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE, AND CHINAWARE FOR THE COUNTY OF YORK AND 
ALLOWING £3. 8 FOR THE EXPENSE THEREOF. 



Legislative 
Records of the 
Council, xxiv., 
17. 

House Jour- 
nal, pp. 10, 24. 
Province 
Laws, xvi., 689, 
chap. 275. 



The Committee appointed to farm out the Excise on Tea, Coffee 
and China ware in the County of Y'ork made report that they had 
sold the same to M'' Edward Emerson for Thirty pounds eighteen 
shillings and taken bond for the same which they had delivered to 
the Treasurer, And Praying allowance of their charge amounting 
to Three pounds eight shillings. 

Read and Accepted and 

Ordered ' that the sum of three pounds eight shillings be paid 
out of the Public Treasury to the Committee for their time and 
expences in this affair. [Passed June 3. 



CHAPTER 5. 



ORDER ADJOURNING THE COURTS OF BRISTOL COUNTY. 



Legislative 
Records of the 



Whereas diverse of the Justices of the Inferior Court of Com- 

councii, xxiv., nion Pleas and Court of General Sessions of the Peace which by 

LaAv are to be held at Taunton in the County of Bristol on the 

' A similar order occurs in Legislative Records of the Council, xxiv., 78, under date of 
June ;W, 1761. 



[1st Sess.] Province Laws {Resolves, etc.). — 1761-62. 9 

second Tuesday of this Instant June are members of this Court Qj^°j"^f •^°"*"- 
and the important Affairs of the Province require their attendance Province' 
thereon Wherefore chap''2^.^'-^'"' 

Ordered That the said Courts be, and hereby are adjourned to 
the second Tuesday in September next, and that all matters and 
things that might have day at said Courts on said second Tuesday 
of June Instant shall have day and be heard and proceeded upon, 
upon tlie said second Tuesday of September next in like manner as 
if there had been no adjournment of said Court. \^Passed June 3. 



CHAPTER 6. 

ORDER ALLOWING 36/ TO EZEKIEL CARR. 



A Petition of Ezekiel Carr a Private in Cap^ Edward Brown's Legislative 
Company Setting forth That he is made up one month short in the ^ou°c'^[f ^^xu-^ 
Muster Roll, which was likewise certified by the said Captain And 20. Mass. 

T^ . . 1, Archives, 

Praying an Allowance. ixxix., 643. 

Read and House Jour- 

Ordered that the Sum of thirty Six Shillings be paid out of the nai, pp. 20, 25. 
publick Treasury to Caleb Cushing Esq'' for the Use of the Pef in 
full. \^Passed June 4. 



CHAPTER 7. 

ORDER ALLOWING £4 5 TO EPHRAIM CASWELL. 

A Petition of Ephraim Caswall of Berkley Setting forth That Legislative 
on the 6 April 1759 he was impressed as a Soldier in the Pay of the councif, xxiv^, 
Province, and sent to Castle William and there continued till the 9*'' Archives^' 

June, at which time he was discharged as an Invalid, but was never ixxix., .543. 

made up in any Roll, And Praying an Allowance for the time he was House Jour- 
in service and for his billeting °^'' P" ^^' 

Read and 

Ordered that the Sum of four pounds five Shillings be paid out of 
the publick Treasury to James Williams Esq"" for the Use of the Pef 
in full for his Services and Expenses mentioned. \_Passed June 4. 



CHAPTER 8. 

ORDER ALLOWING £4. 1 TO DANIEL REA. 



A Petition of Daniel Rea of Bedford Setting forth That his Legislative 
Servant William Hunt a Soldier in the Pay of the Province the last coSx^iv!'. 
Campaign returned home infected with the Small pox which occa- 21. Mass. 

• • A.rciiivc8 

sioned considerable expence and charge to the Petitioner And Pray- ixxix., 747. 

ing an Allowance, Mass. ~~ 

Read and i^x^i^'^747 

Ordered that the Sum of four pounds one Shilling be paid out House' Jou'r- 

of the Treasury to William Reed for the Use of the Pet^ in full. ''*'• ^" "'" 

\^Passed June 5. 



10 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 9, 10.] 



Legislative 
Records of the 
Council, xxiv., 
21. Mass. 
Archives, ex., 

Legislative 
Records of the 
Council, xxiv., 
16. House 
.Tournal, pp. 20, 
•21, 26, 27. 
Province 
Laws, xvi., 751, 
chap. 428. 



CHAPTEK 9. 

VOTE DIRECTING THE PROVINCE TREASURER TO REPAY THE $700 BOR- 
ROWED FOR BOUNTY TO CREW OF PROVINCE SHIP " KING GEORGE," 
ALSO ALLOWING AN ADDITIONAL BOUNTY OF £3 PER MAN TO COM- 
PLETE THE NUMBER TO 150 MEN, AND ESTABLISHING THEIR WAGES. 

Voted That the Province Treasurer be directed to to ' repay the 
700 Dollars borrowed of the Merchants on the Credit of the Prov- 
ince for Bounty in order to Mann the Ship King George. 

Also that a further Bounty of three pounds be allowed to each Man 
that shall enlist on board said Ship to compleat the number of 150 
men including Officers y'- there be an Establishment of the Wages at 
£2.13.4 ^ month for each of the Men on board said Ship; and that 
shall inlist as above mentioned to commence from the time of their 
respective Entry, and to continue until the first day of October next. 
[^Passed June 5. 



CHAPTER 10. 



VOTE ALLOWING £3 BOUNTY TO SOLDIERS ALREADY ENLISTED AND 
MUSTERED IN AND THAT CLOTHING TO THE VALUE OF £3. 14. 8 
HERETOFORE A PART OF THE BOUNTY BE NOW CHARGED AGAINST 
THEIR WAGES. 



Legislative 
Records of the 
Council, xxiv., 
22. 

Legislative 
Records of the 
Council, xxiv., 
11. House 
Journal, pp. 19, 
20, 29, 30. 
Province 
Laws, xvi., 721, 
chap. 356. 



The House taking into consideration his Excellencys Message of 
the first Instant and what may be proper for this Court further to 
do for the speedy raising by inlistment the three thousand men 
including Officers voted by this Court to be raised for his Majestys 
Service on the fourth day of April last. 

Voted That the Soldiers that have been already inlisted and mus- 
tered shall each receive the Sum of Three pounds fourteen shillings 
and eight pence in money in lieu of what was allowed for their 
Cloathing, so as to make their bounty nine pounds in the whole : 
and all those who shall hereafter inlist shall at the time of their 
passing muster receive a bounty of Nine pounds each; the several 
bounties to be paid to them by the Muster master. 

And further 

Voted, That the Cloathing to the value of Three pounds fourteen 
shillings and eight pence (allowed by this Court) instead of being 
part of the bounty as heretofore ordered shall be accounted part 
of their Wages, and Stoppages be made for the same upon the 
Muster Rolls: And that the inlistment aforesaid continue until the 
fifteenth day of July next, and no longer. [Passed June 5. 

' Sic. 



[1st Sess.] Province Laws (He.solves, etc.). — 1761-62. 11 

CHAPTEK 11. 

ORDER ALLOWING £12. 15 TO THE SELECTMEN OF AMESBURY. 



A Petition of Thomas Powell and Others Selectmen of Ames- Legislative 
bury Setting forth That one David Lowell of said Amesbury a counclf, xiiv!; 
Soldier in the pay of the Province returned home infected with ^^^^,^^^^^- 
small pox, and he being poor the Charge occasioned by his Sick- ixxix., 567. 
ness was paid by the Town, And Praying Relief. Mass. 

Read and J^x'ix^It. 

Ordered that the Sum of twelve pounds fifteen Shill^^ be paid House'Jour- 
out of the publick Treasury to Thomas Powell Esq for the Use of ^^'^^ 
the Town of Almsbury in full. [Passed June 5. 



CHAPTER 12. 

ORDER ALLOWING £3. 14. 8 TO BENJAMIN FLOOD. 

A Petition of Benjamin Flood of Westborough Setting forth o^^'^'i'"'^! 
That he was an Ensign in Col° Thwings Regiment, and that at the council, xxiv., 
close of the Campaign he was employed 28 days in providing for '^"txJ^ylll 
the Sick between N° 1 and otter Creek, which occasioned him an ixxix.,56'6. 
expence of 2/ 8 ^ day And Praying an Allowance. House Jour- 

Read and °* ' ^' 

Ordered that the Sum of three pounds fourteen Shillings and 
eight pence be paid the Pef out of the publick Treasury for his 
Service abovementioned in full. [Passed June 5. 



CHAPTER 13. 

ORDER OF notice WITH STAY OF EXECUTION ON THE PETITION OF 
ELKANAH SMITH, 2", TO REVIEW AN ACTION. 

A Petition of Elkanah Smith 2''"' of Taunton in the County Legislative 
of Bristol Setting forth That at an Inferior Court held in gounc'if, xli vf, 

and for said County he recovered Judgment against Benjamin Lin- 24. 
coin of said Taunton for about Three pounds and Costs, from which House Jour- 
Judgment the said Lincoln appealed to the Superior Court held in ^''^^-pp-"^'--^- 
said Taunton in October last, when and where the Affair was sub- 
mitted to a reference, and a rule of court made accordingly; that 
at the last Superior Court held at Boston the referrees reported, 
that the said Lincoln recover Four pounds and Costs making in 
the whole more than Eleven pounds That it appears by testimony, 
that one of the Referrees was a prejudiced Person "and had given 
his opinion against the Petitioner previous to his Appointment; and 
that said Lincoln himself had owned some wrong charges he had 
made in his Account. And Praying that he may be enabled to review 
the said Action at the next Superior Court to be holden at Taunton, 
or that he may be otherwise relieved. 

Read and 

Ordered That the Petitioner serve the adverse Pai'ty Benjamin 



12 



Province Laws {Resolves^ etc.). — 1761-62. [Chaps. 14-16.] 



Lincoln with a copy of this Petition that so he shew cause (if any 
he hath) on the first Tuesday of the next Sitting of this Court why 
the Prayer thereof should not be granted, and Execution is stayed 
in the mean time : Provided the Petitioner first give sufficient cau- 
tion to the Sheriii of the County of Bristol to respond the sum 
tliat shall finally be adjudged due." \^Passed June 5. 



Legislative 
Records of the 
Council, xxiv., 
■29. Mass. 
Archives, 
Ixxix., 696. 

House Jour- 
nal, pp. 20, 35. 
I'rovince 
Laws, xvi.,460, 
chap. ■2-15. 



Legislative 
Records of the 
Council, xxiv., 
29. Mass. 
Archives, 
Ixxix., 56.5. 

Mass. 
Archives, 
Ixxix. ,.565. 
House Jour- 
nal, p. 35. 
Province 
l.ia\vs, xvi., 247, 
chap. S9. 



CHAPTER 14. 

ORDER ALLOWING £4 TO CHARLES PARKER. 

A Petition of Charles Parker of Yarmouth a Soldier in the Pay 
of the Province Setting forth That being stationed at Annapolis 
Royal in the Year 1759, he remained there till 7 February 1760, 
and thereby became intitled to a Bounty of Four pounds pursu- 
ant to a resolution of the Court, which bounty he hath never re- 
ceived And Praying he may now receive the same. 

Eead and 

Ordered that the sum of four pounds ])e paid by the Commissary 
General to M"" Chillingsworth Foster for the Use of the Pef in full. 
\^Passed June 9. 



CHAPTER 15. 

ORDER ALLOWING £3 TO JOS: FURBUSH. 

A Petition of Joseph Furbush '^ of Kittery Setting forth That 
his son Meads Furbush, a Soldier in the Pay of the Province in 
1758. was killed at Ticonderoga, and his Gun lost: and that three 
pounds is stopt out of his AVages on account of said Gun. And 
Praying an allowance. 

Read and 

Ordered that the Sum of three pounds be paid out of the pub- 
lick Treasury to Cap' James Gowen for the Use of the Pet"" in full. 
{^Passed June 9. 



CHAPTER 16. 



ORDER ALLOWING £13. 10 TO CAPT. JOSIAH CARVER. 



Legislative 
Records of the 
Council, xxiv., 
30. Mass. 
Archives, 
Ixxix., 149. 

Mass. 
Archives, 
Ixxix., 149. 
House Jour- 
nal, p. 31. 



A Petition of Cap' Josiah Carver an Officer in the Pay of the 
Province Praying an allowance for his extraordinary Service and 
Expence in collecting Battoes to transport the Soldiers &c^ 

Read and 

Ordered that the Sum of thirteen pounds ten Shill^^ be paid out 
of the publick Treasury to Cap' Nathaniel Ruggles for the Use of 
the Pef in full of his Acc'^ [Passed June 9. 

1 At the hearing, November 26, 1761, House Journal, p. 133, this petition was dismissed. 
- The House Journal, p. 35, reads, " Turburt." 



[1st Sess.] Province Laws {Resolves, etc.). — 1761-62. 



13 



CHAPTER 17. 



VOTE ALLOWING £60 TO SELECTMEN OF BOSTON FOR THE HOSPITAL. 



The House taking into consideration the circumstances of tlie 
Hospital in y** Town of Boston w^"" is improved for the reception of 
strangers w'^'' are sick, & it appearing to the House that something 
is necessary to be done to secure the s*^ building from the Sea & also 
to put it into repair therefore 

Voted that the sum of sixty pounds be paid out of the Province 
Treasury & put into the hands of the Selectmen of Boston for s*^ 
purpose, said Selectmen to be accountable to this Court. 

In Council Read and Concurred. [Passed June 10. 



Legislative 
Records of tlie 
Council, xxiv., 
31. Mass. 
Archives, 
Ixxxvii., 353. 

Mass. 
Archives, 
Ixxxvii., 353. 
House Jour- 
nal, p. 44. 
Province 
Laws, XV., 546, 
chap. 42. 



CHAPTER 18. 

ORDER ALLOWING £8 TO JN" M^NAMARA. 

A Petition of John M'=Namara Setting forth That he was 

taken in the Province Snow Prince of Wales and sent to France, 
and was by that means absent from his Family eighteen months, 
And Praying an allowance. 

Read and 

Ordered that the Sum of Eight pounds be paid out of the pub- 
lick Treasury to the Pef in full. [Passed June 10. 



Legislative 
Records of the 
Council, xxiv., 
31. Mass. 
Archives, 
Ixvi., 146. 

Mass. 
Archives, 
Ixvi., 144. 
House .Jour- 
nal, p. 3y. 



CHAPTER 19. 



ORDER ALLOWING £8 TO JOSEPH JOSEPH, INDIAN. 



A Petition of Joseph Joseph of Wareham, Indian Setting forth 
That being a Soldier in the Pay of the Province in 1757, he was 
taken Prisoner at Fort AVilliam Henry, and remained in captivity 
until the Surrender of Montreal, And Praying an allowance. 

Read and 

Ordered that the Sum of eight pounds be allowed and paid out 
of the publick Treasury to Cap' Nathaniel Ruggles for the Use of 
the Pef in full. [Passed June 10. 



Legislative 
Records of the 
Council, xxiv., 
31. Mass. 
Archives, 
Ixxix., 564. 

Mass. 
Archives, 
Ixxix., 564. 
House Jour- 
nal, p. 43. 



CHAPTER 20. 



VOTES ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



The FOLLOWING Votes passed upon the petition of Sick and Rlfordg'of^the 
wounded Soldiers Viz that there be Allowed & paid out of the council, xxiv., 
publick Treasury '^- *^'''*'- 



To M'- Henry Gardiner . , . 3. 1. 

To M"- Tho' Lancaster . . . 4. 0. 

To Tim" Paine ^s(f ... 0. 18. 

To Ditto 2. 14. 



4 for the Use of Abigail Thompson In full 
. . . Sam' Johnson 
. . . David Bigelow 
6 . , . Daniel Biselo 



Archives, 
Ixxix., 774. 



House Jour- 
nal, pp. 39, 40. 



14 



Province Laws {Hesolves, etc.). — 1761-62. [Chaps. 21, 22.] 



To Benja Hatch 

To M'' The Lancaster 

To Cp' Enoch Kidder 

To James Williams Esq'' 

To Maj' Tho* Morey 

To Jedediah Foster Esq"" 

To ThQS Rowell Esq-- 

To Jedediah Foster Esq'' 

To Ditto . 

To Maj-^ Daniel Burt 

To Ditto . 

To Ditto . 

To Jedediah Foster Esq'' 

To Ditto . 

To Tho» Rowell Esq-- 

To David Moseley Esqi^ 

To Edward Grout . 

To M' Henry Gardiner 

To Moses Mercy Esq' 

To Caleb Gushing Esq-- 

To Ditto . 

To Cp' Edward Davis 

To Moses Mercy Esqt^ 

To Jedediah Foster Esqi^ 

To Ditto . 



8. 


0. 





2. 


14. 


4 


1. 


12. 





3. 


11. 





1. 


10. 





2. 


/ . 


9 


9. 


6. 





1. 


1. 


4 


1. 


17. 





1. 


16. 


6 


1. 


16. 


6 


5. 


14. 


8 


2. 


15. 


2 


5. 


12. 


8 


4. 


4. 





3. 


10. 





2. 


13. 


6 


2. 


0. 





0. 


15. 





0. 


16. 


10 


2. 


8. 





1. 


4. 





2. 


11. 


8 


1. 


2. 


8 


2. 


4. 






In full 

Jonathan Stickney 
John Blanchard 
David Stacey 
Edward Soullard 
Sarah Jennings 
Tim" Challis 
David Reed 
Nathi Reed 
Jabez Nicholls 
Eben' Mirick 
Mary Babcock 
Abner Tyler 
Isaac Magoon 
Sarah Sergent 
John Patterson 

Nathan Whitney Jun'' 
W' White 
Daniel Eaton 
Nath' Brown 
Naptali Streeter 
Sarah Wheeler 
Samuel Cole 
Elizabeth Gilbert 



[Passed Jime 10, 



CHAPTER 21. 



ORDER ALLOWING £10. 18. 6 TO PELATIAH MAN & BARUCH POND. 



Legislative 
Records of the 
Council, xxiv., 
33. Mass. 
Archives, cxi., 
494. 

Mass. 

Archives, cxi., 
493. 



A Petition of Timothy Metcalf in behalf of Pelatiah Man and 
Baruch Pond of Wrenthani Setting forth That they the said 

Pelatiah and Baruch did in the years 1757 and 1759 billet certain 
Soldiers in the Pay of the Province, and did transmit their accounts 
of the same, which accounts 'were by some means or other lost or 
mislaid before they -were passed upon in Council, and as they kept 
no copies of the same. Praying an equitable Allowance. 

Eead & 

Ordered that there be paid out of the publick Treasury to the 
petitioner for the use of Pelatiah Man & Baruch Bond the Sum of 
Ten pounds 18/6 In full for Victualling the Soldiers mentioned In 
the pet°.' \^Passed June 10. 



CHAPTER 22 



ORDER APPOINTING A COMMITTEE TO BURN GOVERNM"^ SECURITIES. 



Legislative 
Records of the 
Council, xxiv., 
33. 

House .Tonr- 

nal, p. 48. 



In Council 

Ordered That John Osborne, Andrew Oliver and Thomas Hubbard 
Esq" with such as the honourable House shall join be a Committee 
to repair to the Treasurers in the recess of the Court take an account 
of the Government Securities now in his hands and see the same 
consumed to Ashes, and report the next Sitting of the Court. 

In the House of Eepresentatives; Read and Concurred and M"" 
Tyler, Col° Phillips M' Otis and M' Cushing are joined in the 
Affair. [Passed June 11. "" 

* Not found in the House Journal. 

^ This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 10. 



[1st Sess.] Province Laws {Resolves, etc.). — 1761-62. 15 



CHAPTEK 23. 

ORDER ESTABLISHING THE WAGES OF THE SURGEON ON BOARD THE Legislative 

PROVINCE SHIP "KING GEORGE." Records of the 

(Jouncil, XXIV., 
35. Mass. 

A Petition of Benjamin Hallowell Esq"" Commander of the Ship ^v*i^^^I||; 
King George Setting forth That the Establishment for the Pay j^^^^ 
of a Surgeon on board said Ship is so small that no person of Skill Archives, 
will accept of the place, And Praying an xlugmentation. House Jour- 

Read and in Answer ProvJncf ' ^'^' 

Ordered that the Wages of the Surgeon of the Ship King George La\vs,xvi.,3i6, 
be Eight pounds per month. \^Passed June 11. ^ ap. 2o5. 



CHAPTER 24. 

ORDER ALLOWING £8 TO WILLIAM MERRET. 

A Petition of William Merret of Boston Shipwright Setting Legislative 
forth That in the Year 1758. He entered aboard the Ship King councf^xxh^, 
George, Cap' Hallowell, that on the 8**^ of August the same Year as 35. Mass. 
he was going ashore in the Barge at the Eastward, he was taken by ixvi., 154.' 
tlie Indians, and carried to Quebec, where he remained till the Sur- Mass. 
render of the Place. And Praying an allowance, ]t:v^i'"i52' 

Read and House Jour. 

Ordered that the sum of eight pounds be paid out of the publick °*^' ^'' *'^" 
Treasury to the Pef in full. \^Passed June 11. 



CHAPTER 25. 

ORDER ALLOWING 16/ TO DAVID BAYLEY. 



A Petition of David Bayley of Rowley Praying an Allowance Legislative 
for the Service of his Son a Soldier in the Pay of the Province em- comfc^f x^xu-*^ 
ployed in tending the Sick at Fort Edward and at Albany, after he 35. Mass. 
was dismissed at Crown Point. uSxiysos. 

Read and HouRe.Jour- 

Ordered that the Sum of Sixteen Shill^^ be paid out of the pub- '^^^> p- ^^■ 
lick Treasury to M' Tho^ Lancaster for the Use of the Pef in full. 
\^Passed June 11. 



CHAPTER 26. 

RESOLVE DIRECTING THE PROVINCE SECRETARY TO WRITE AGENT 
BOLLAN IN REGARD TO THE RUMFORD AFFAIR. 

Resolved That the Secretary be and hereby is directed to write to Legislative 
M^ Agent Bollan on the Affair of the Proprietors of Rumford con- counctf, "xxiv*!, 
mable to a Vote of the General Court passed at their Sessions in 36. 



formable to a Vote of the General Court passed 

December last. And that the sum of One hundred pounds Sterling Province 
then granted and allowed to be paid out of the Public Treasury to ^g^dJapT'ik 



16 



Province Laws {Resolves, etc.). — 1761-152. [Chap. 27.] 



such person or persons as should be appointed by the Proprietors 
of Eumford to receive the same towards enabling them to prosecute 
to effect the Appeal that is now pending be paid by M' Agent Bollan 
out of the Provinces money he has in his hands to the order of said 
Proprietors, and to such person or persons as they shall appoint to 
receive the same in London, and that the Secretary write 5P Bollan 
accordingly, The said Sum of One hundred pounds to be in lieu of 
what was allowed to be paid out of the Province Treasury by the 
Vote aforesaid.' \^Passed June 11. 



CHAPTER 27. 



ORDER IMPOWERING KEZIAH HOWARD AND SIMEON HOWARD, EX- 
ECUTORS, TO EXECUTE DEEDS. 



Legislative 
Records of the 
Council, xxiv., 
37. 

House Jour- 
nal, p. 45. 



A Petition of Keziah Howard, Administrate of the Estate of 
David Howard late of Bridgwater in the County of Plymouth de- 
ceased Setting forth That the said David in his Life time did 
bargain away several peices of Land, and did receive payment in 
full for the same, but did not execute deeds of Sale for said Lands 
viz' about three Acres lying in Eaynham in the County of Bristol 
to M' Elijah Leonard of said Eaynham, about five acres of Common 
and undivided Land in the Town of Bridgwater to Perkins Gurney 
of said Bridgwater, and one hundred and thirty rods of Land to 
M' Ephraim Fobes of said Bridgwater by way of exchange for other 
Lands, for their mutual accomodation in fencing. And praying that 
she or some other person maybe impowered to execute the deeds in 
compliance with the Agreement made as aforesaid. 

Eead and 

Ordered That the prayer of the Petition be granted, and that 
the Petitioner together with Simeon Howard, Executors to David 
Howard deceased be and hereby are impowered to give and execute 
good and sufficient Deeds in the Law to Elijah Leonard and Perkins 
Gurney for the Lands in said Petition mentioned inasmuch as the 
deceased had sold it in his life time & actually received the money 
for the same, of which Fact the said Executors are to be fully satis- 
fied; and also that the said Executors be in like manner impowered 
to make and execute a good and sufficient Deed to Ephraim Fobes 
of One hundred and thirty rods of land the said deceased had bar- 
gained by way of exchange with the said Ephraim for the better 
accomodation for fencing, the said Ephraim giving Deeds at the 
same time to convey the Lands that were to be given in lieu, to be 
vested in the heirs of the said deceased in the same manner as the 
said One hundred & thirty rods would have descended in case no 
such Deed had been made. \Passed June 11. 

^ Not found in the House Journal. 



[1st Sess.] Province Laws (Besolves, etc.). — 1761-62. 17 



CHAPTEK 28. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 
COUNTY FOR 1760. 

An Account of the Treasurer of the Coimty of Essex (Samuel Klfords"ofthe 
Epes Esq'') dated 29 July 1760, signed A Holyoke Executor to the council, xxiv., 

last Will of the late Treasurer, having been laid before the Court !?: 

for allowance. na°rppa(^'44, 

Eead and •^5- ' Frovi'nce 

Orde?-ed That the within account be allowed, and that the Estate chap. '84. '' ' 
of the said deceased be discharged of the ballance being Thirty six 
pounds thirteen shillings & five pence half penny, the said Executor 
having paid the same to John Choate Esq"^ present Treasurer of said 
County. [Passed June 11. 



CHAPTER 29. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 
COUNTY FOR 1761. 

An Account of John Choate Esq' Treasurer for the County of Rgfordfof the 
Essex to March 1761. having been laid before the Court for allow- council, xxiv. 
ance. ^li 

TJpnrl nnrl House Jour- 

Keaa anci ^^^^ pp ^^^ ^^^ 

Ordered That the within account be allowed, and that the Treas- ^s. supm, 
urer be discharged the sum of One hundred twenty nine pounds two ^ ^^'^' ^^' 
shillings, and that he be further accountable for the ballance being 
One hundred thirty one pounds eleven shillings and five pence. 
[Passed June 11. 



CHAPTEK 30. 

ORDER ALLOWING THE SPECIE ACCOUNT OF THE COMMISSARY GEN- 
ERAL. 

An Account of Thomas Hubbard Esq"" Commissary General of Refolds'of the 
the purchase and disposal of sundry Species of Provisions, having Council, xxiv., 
been laid before the Court for Allowance. '— 

Eead and House Jour. 

Ordered that this account be allowed, and the Commissary Gen- 
eral is further accountable for thirty five barrels of pork, five barrels 
of Beef, two hundred and twenty five bushels of Peas and eighty 
five galons of molasses accordingly. [Passed June 11. 



18 



Province Laws {Resolves^ etc. ) . — 1761-62. [Chaps. 31-34.] 



Legislative 
Records of the 
Council, xxiv., 

38. 

House Jour- 
nal, p. 42. 



CHAPTER 31. 

ORDER ALLOWING THE INDIAN TRADE ACCOUNT OF THE COMMISSARY 

GENERAL. 

An Account of Thomas Hubbard Esq'' Commissary General of 
his receipts and disbursements for the Truck Trade with the Indians 
having been laid before the Court for allowance. 

Eead and 

Ordered That this Account be allowed, and the Commissary Gen- 
eral is further accountable for the sum of One hundred and four 
pounds eleven shillings and five pence three farthings accordingly. 
\^Passed June 11. 



CHAPTER 32. 

ORDER ALLOWING THE DISBURSEMENT ACCOUNT OF THE COMMISSARY 

GENERAL. 



Legislative 
Records of the 
Council, xxiv., 
39. 

House Jour- 
nal, p. 4'2. 



An Account current of Thomas Hubbard Esq' Commissary Gen- 
eral dated May 27: 1761. having been laid before the Court for 
Allowance, 

Eead and 

Ordered That this Account be allowed, and the Commissary Gen- 
eral is further accountable for the sum of Two thousand six hun- 
dred and twenty five pounds three shillings and one penny farthing 
accordingly. \^Passed June 11. 



CHAPTER 33. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLESEX 

COUNTY. 



Legislative 
Records of the 
Council, xxiv., 
39. 

House Jour- 
nal, pp. 10, 50. 



An Account of Daniel Bussell Esq"" Treasurer of the County of 
Middlesex dated 20 May 1761, having been laid before the Court 
for their allowance. 

Read and 

Ordered That the within account be allowed, and that the Treas- 
urer be discharged the sum of One hundred seventy eight pounds 
seven shillings and two pence half penny. And that he further 
Account with the said County for the ballance being One hundred 
forty four pounds three shillings and nine pence. \^Passed June 12. 



CHAPTER 34. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH 

COUNTY. 



Krds'of^'the ^^ ACCOUNT of M' John Cotton, Treasurer of the County of 
Council, xxiv., Plymouth to 30 April 1761. having been laid before the Court for 
^— their allowance. 



[1st Sess.] Province Laws {Resolves, etc.). — 1761-62. 19 

Rpflf! unci House Jour- 

Ordered That the within account be allowed, and that the said 
Treasurer be discharged of the sum of Ninety pounds eleven shil- 
lings and seven pence, and that he further account with the said 
County for the ballance thereof being twenty seven pounds nine- 
teen shillings and eight pence. [Passed June i~. 



CHAPTER 35. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF THE COUNTY 
OF DUKES COUNTY. 

An Account of John Sumner Treasurer of the County of Dukes Legislative 
County for the Year 1760 having been laid before the Court for gouS x*xh-^ 
Allowance. *o- 

Read and House Jour- 

Ordered That this Account be allowed, and that the Treasurer be °ai, pp. lo, 4o. 
discharged the Sum of One hundred thirty six pounds and one half 
penny and that he be further accountable to the said County for the 
ballance being two farthings. [Passed June 12. 



CHAPTER 36. 

ORDER ALLOWING £8 TO SAMUEL DAVIS. 



A Petition of Samuel Davis of Madumcook Setting forth That Legislative 
in September 1758. Lieu*^ Robert Carver the commanding Officer couiTcn, xxiv*!, 
there, having intelligence of the Enemy, and having no Boat of the ^jcwve^^" 
Governments to pursue them in, took a Boat of the Petitioners; but ixvi., uo.' 
the Enemy being superior in numbers repulsed him with the Loss Mass. 
of Men, and also of the Petitioners said Boat. And Praying an bcvi!',^i39.' 
alloAvance. ^<^"^'' '^?n ^;„ 

T^ , , nal, pp. 49, 50. 

Read and 

Ordered that the Prayer of the Pet" be granted and that the Sum 
of eight pounds be paid out of the publick Treasury to the Pet' in 
full. [Passed June 12. 



CHAPTER 37. 

ORDER ALLOWING £1. 6. 8 TO JAMES HICKMAN. 

A Petition of James Hickman of Eastham Setting forth that Legislative 
in the Year 1758 He went by order of the Government as Pilot of coSxx^v^, 
a Vessel to Seal Island in order to relieve some People apprehended ^rcw^v^e^s^" 
to be in distress there, in which service he was gone ten days, for ixvi., i5o.' 
which he hath not yet received any Pay : And Praying an Allowance. Mass. 
Read and bcvt wf 

Ordered that the Sum of One pound Six Shillings and eight pence ^^T^® '^^s^^so 
be paid out of the publick Treasury to M"" Jonathan Doane for the °^ ' ^^' ' 
Use of the Petitioner in full. [Passed June 12. 



20 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 38, 39.] 



CHAPTER 38. 



ORDER APPOINTING A COMMITTEE TO ASCERTAIN THE NUMBER OF 
THE TENANTS ON LANDS CLAIMED BY THE EARL OF STERLING IN 
THE EASTERN PARTS. 



Legislative 
Records of the 
Council, xxiv., 
43. 

Legislative 
Records of the 
Council, xxiv., 
IS. House 
.Journal, pp.55, 
56. 



The Committee upon M'' Bollans Letter of 28 march relative to 
the Provinces Title to the Country claimed by the Earl of Sterling 
and Others, find that the necessary papers have been sent to M' Bollan 
pursuant to his former Letters. With respect to the number of Ter 
Tenants which m' Bollan wants an account of, the Committee are 
of opinion that some Gentlemen should be appointed to procure the 
best account, with the best proof concerning it they can, and deliver 
the same to the Secretary to be transmitted by him to m"" Bollan as 
soon as may be. 

Signed in the name of the Committee James Bowdoin. 

Li Council Eead and Accepted And 

Ordered that Thomas Flucker Esq' Avith such as the honourable 
House shall join be a Committee to prepare an isocount of the Ter 
Tenants on the Lands in the Eastern parts of the Province claimed 
by the Earl of Sterling, and deliver the same to the Secretary, and 
that the Secretary be directed to transmit the same to M'' Agent 
Bollan. 

In the House of Representatives Eead and Concurred and Col" 
Waldo and Cap* Powell are joined in the Affair. \Pa8sed June IS. 



CHAPTER 39. 



ORDER CONFIRMING THE PROCEEDINGS AT A MEETING OF THE IN- 
HABITANTS OF THE DISTRICT OF PRINCE TOWN, ETC. 



Legislative 
Records of the 
Council, xxiv., 
•28, 44. 

Legislative 
Records of the 
Council, xxiii., 
fiH6; xxiv., 
33. House 
.Journal, p. 301 
(April 1760-1) ; 
pp. 39, ffl, 53. 
Province 
I^aws, iv., 344, 
note; xvi.,671, 
chap. 228. 



A Petition of a number of the Lihabitants of Prince Town Set- 
ting forth as in their Petition entered 7 : April last, that there were 
divers illegal Votes and unwarranted Transactions at their annual 
Town meeting in March last. And Praying Relief. 

Read and Accepted, and thereupon 

Ordered That the proceedings of the Inhabitants of the District 
of Prince Town at their meeting in March last be confirmed, and 
that their proceedings at the adjournment of said meeting be regu- 
lated so far as it i-elates to the qualification of Voters, by the valuation 
of Estates already taken. Also that the Assessors of said District as 
soon as may be make an exact list and valuation of Estates in said 
District for the futui*e regulation of their Voters as by Law is re- 
quired. \^Passed June 13. 



[1st Sess.] Province Laws (i^esoZves, e^c). — 1761-62. 21 

CHAPTER 40. 

ORDER ALLOWING £50 TO WILLIAM ARBUTHNOTT. 

A Petition of William Arbuthnott Esq'' Setting forth That in Legislative 
consideration of his Sufferings and Losses at Fort AVilliam Henry, councfi! x^xu-l 
Governor Pownall in tlie Years 1759 and 1760. appointed him Com- ^^^.j^^^^^^- 
missary and Director of Hospital Stores and from the date of his LxxIx., 749. 
said Commission until July 1760 he exercised said employments Mass. 
to the advantage of the Government and as he flatters himself to i^x^j'x.^^4'y. 
acceptance, and that he hath paid Twenty five pounds Sterl^ for a House' Jour-^_ 
Clerk to assist him, And Praying an Allowance, 50.' 

Eead and 

Ordered that the Sum of fifty pounds be allowed and paid out of 
the publick Treasury to the Pef in full consideration for his Ser- 
vices mentioned. [Passed June 13. 



CHAPTER 41. 

ORDER ALLOWING £3 TO BENJAMIN BRIGGS, 2". 

A Petition of Benjamin Briggs the 2-^ of Taunton Setting forth glfordrof the 
That his son Jacob Briggs a Soldier in the pay of the Province upon Councu, xxiv., 
his return home after a regular dismission was seized with the Small Archives!" 
Pox, at Sheflield, which occasioned him considerable expence. And ixxix., 547. 
Praying an Allowance. Mass. 

^ P , Archives, 

Kead and ixxix.,546. 

Ordered that the Sum of three pounds be paid out of the publick nai^p^ 51!^'^' 
Treasury to James Williams Esq"" for the Use of the Pet' in full. 
[Passed June 13. 



. CHAPTER 42. 

VOTE ACCEPTING REPORT OF COMMITTEE ON GENERAL ACCOUNT OF 
THE PROVINCE TREASURER, ENDING MAY 28, 1760, AND DISCHARGING 
HIM OF £333,102. 15. 5. 

Ax Account of Harrison Gray Esq'' Treasurer and Eeceiver Gen- Legislative 
eral of the Province dated 28"^ May 1760 having been previously coundf, x" v^. 
examined by the several Committees of the two Houses respectively. ^'- Mass. 

The Com'®^ apointed to Examine the Treasurer's acc*^ have cxxv., isi 
atended that Service and find they are right cast and well vouched, u&si. ~ 

J. OSBORNE pr order ^x'^y^^fli. 

Read and House .lour- 

Voted That the Treasurer & Receiver Gen" of this Province Be "jan;'io,'i76i). 
Discharged of the Severall Sums above mentioned Amounting to 
thre Hundred & thirty three thousand and one Hundred & two 
pounds, fifteen shillings & five Pence; And that He be further 
Accountable to the Province for the Sum of Ninety Eight Thou- 
sand, five Hundred & twenty five pounds fifteen shillings & seven 
Pence the Ballance of the above account Remaining in his hands 



22 



Province Laws {Resolves^ etc. ) . — 1761-62. [Chaps. 43, 44.] 



and the further sum of Sixty one Thousand, nine Hundred & 
Seventy one pounds, Six Shillings & one penny outstanding taxes 
which he is accountable for when Eeceived, [Passed June 15. 



CHAPTEK 43. 



ORDER ALLOWING £20 TO CAPT. PETER PARKER. 



Legislative 
Records ol tlie 
Council, xxlv., 
46. Mass. 
Archives, 
Ixxix., 748. 

Mass. 
Archives, 
Ixxix., 748. 
House Jour- 
nal, pp. 23, 54. 



A Petition of Peter Parker, a Captain in Col° Bagley's Eegiment 
the last Year at Louisbourg Setting forth That being beat off the 
Coast the last Winter, he and his Company put into Monti Christo, 
where they lay about two months, and that three quarter parts of 
his Company were there put ashore sick, which occasioned him great 
expence; that he was at expence likewise for wooding and Avatering 
the Vessel. And Praying an Allowance. 

Eead & 

Ordered, That the Sum of Twenty Pounds be paid out of the pub- 
lick Treasury to the Petitioner in full. [Passed June 15. 



CHAPTER 44. 



RESOLVE ESTABLISHING THE WAGES OF OFFICERS ON BOARD THE 
PROVINCE SHIP "KING GEORGE." 



Legislative 
Records of the 
Council, xxiv., 
46. Mass. 
Archives, 
Ixvi., 148. 

House Jour- 
nal, pp. .i2, 58. 
Province 
Laws, xvi.,751, 
chap. 4-28. 
tnte, p. 10, 
chap. 9. 



A Petition of Benjamin Hallowell Esq' Commander of the Ship 
King George in behalf of the other Officers belonging to said 
Ship. Setting forth That the Establishment for the Pay of the 
Officers belonging to said Ship is so small that they cannot support 
the dignity of their several stations, and that it is with the greatest 
difficulty that Officers can be procured to do the duty of said Ship. 
And as the Wages of the Seamen belonging to said Ship have lately 
been augmented over and above what is allowed to some of the Offi- 
cers, And Praying that the Wages of said Officers inay be augmented. 

[Eead and] 

Resolved, That the Establishment of the Wages of the officers on 
board the Ship King George be, for the future, as follows. Viz' 

For a Captain £10. 0. per Month 

For a Lieutenant 6. 5. Ditto. 

For a Master 5. 0. Ditto. 

For a Boatswain 3. 15. Ditto. 

For a Pilot 5. 0. Ditto. 

For a Chaplain 4. 7. 6 Ditto. 

For a Gunner 3. 15. Ditto. 

For a Carpenter 3. 15. Ditto. 

For a Master's Mate 3. 15. Ditto. 

For an Armorer 3. 2. 6 Ditto. 

For a Sail maker 3. 2. 6 Ditto. 

For a Coxwain 3. 2. 6 Ditto. 

For a Chirurgcon 8. Ditto. 

For a Steward 2. 16. Ditto. 

For a Boatswain's Mate 2. 16. Ditto. 

For a Quarter Master 2. 16. Ditto. 

For a Chirurgeon's Mate 3. 15. Ditto. 



[Passed June 16. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1761-62. 23 



CHAPTER 45. 

ORDER ALLOWING £7. 11. 10 TO ABIEL ABBOT. 

A Petition of Abiel Abbot of Andover Setting forth That He Legislative 
served as Surgeons Mate of Col" Frys Regiment posted at Annapolis coum^f, x*xw^, 
Royal in 1759 & 1760; that he was not discharg'd till the 10'*^ June f-^^^a^B. 
last, but is made up in the Staff Roll only to the last of April, And ixxix., tot. 
Praying an allowance for the intermediate time. House Jour- 

Read & nal,pp.51,56. 

Ordered, That the Sum of seven Pounds eleven Shillings and ten 
Pence be paid out of the publick Treasury to the Petitioner in full 
for his Wages mentioned. \^Passed June 16. 



CHAPTER 46. 

ORDER ALLOWING £3 TO W" WELCH. 



A Petition of William Welch Setting forth That being a Sol- ^f'^^ds of the 
dier in the Pay of the Province in Col" Bagley's Regiment posted council, xxiv., 
at Louisbourg, he obtained in December 1759 a furlough to return Archive^s^,' 

home, which he attempted to do, but the Vessel in which he was ixxix.,76L 

coming was by Stress of Weather beat off to the West Indies and ^Jrchives 
taken by the Enemy and carried into Martineco, from whence at the ixxix., ve'i. 
end of nine Months he returned, but in such a bad state of health, Su^p^ s".^'^' 
that he was not able to return to his duty afterwards. And Praying 
an Allowance, 

Read and 

Ordered that the Sum of three pounds be paid out of the publick 
Treasury to the Pef in full. \^Passed June 16. 



CHAPTER 47. 

VOTE ALLOWING THE GENERAL ACCOUNT OF THE PROVINCE TREAS- 
URER ENDING MAY 27, 1761, AND DISCHARGING HIM OF £425,362. 15. 2. 

An Account of Harrison Gray Esq' Treasurer & Receiver Gen- Legislative 
eral of the Province dated 37 May 17(51 having been previously ex- coXif, x'x\v^, 
amined by the several Committees of the two Houses respectively. ^ 

[Read and] House Jour- 

Voted That the Treasurer be, and hereby is discharged of the ^'^ ' ^^' ' 
several payments in the foregoing Account amounting to four hun- 
dred and twenty five thousand three hundred and sixty two pounds 
15/2. And that he be further accountable for the Sum of Sixty six 
thousand three hundred and seventy two pounds 11/3 ballance in 
his hands. \^Passed June 17. 



24: Province Laavs {Resolves, etc.). — 1761-62. [Chaps. 48, 49.] 



CHAPTER 48. 

ORDER GRANTING A TAX OF ONE HALF PENNY PER ACRE ON LAND 
IN HOLDEN AND CONFIRMING THE ELECTION OF ASSESSORS, COL- 
LECTOR AND TREASURER THEREFOR. 

Refords'ofthe ^ PETITION of Eliakim Hutcliiuson Esq' and M' Samuel 
couiicii, xxiv., Peirce Setting forth That the Proprietors of the Common and 
ArcMves^,' undivided Lands in the Town of Holden in the County of Worces- 
c xvii., 729. iQY ijy their Agents, the said Petitioners, at their meeting held at 
Mass. ^ Boston in December 173G 

cxvii., 7-28. T'o/^'^/ That there should be a suitable Meeting House built in 

mii"pp-'-?4rB2- ^^^^ Town, and in order to accomplish the same voted sundry Taxes 

Province to be levied on all the Lands lying in said Town, but that there still 

chap. 123.' ' remains a deficiency. The Proprietors therefore at their meeting 

called for that purpose in January last voted a tax of one half 

penny ^ Acre to be Levied on all the said Lands, and appointed 

Samuel Pierce, Joseph Hubbard and Joseph Greenwood Assessors, 

and Jonathan Lovell Treasurer, and John Child Collector. And 

Praying that this Court would ratify the Votes and Proceedings 

aforesaid & confirm said persons in their respective Offices and 

enable them to execute the several trusts to which they have been 

thus appointed. 

Eead and 

Ordered that the Prayer of the Petition Within Mentioned be 
Granted And that the Grant of a Tax of one half penny f)"" acre on 
the land Within mentioned for the purpose there Sett forth, made 
by The Town of Holden at there meeting within mentioned be and 
Hereby is Ratified and Confirmed accordingly,' and that Samuel 
Peirce, Joseph Hubbard, and Joseph Greenwood of Said Holden 
be authorized as assessors, to proportion the same Tax on the Pro- 
prietors and Inhabitants of said Town, and that John Child of Said 
Town be Impowered and Directed to Collect the same, and that 
Jonathan Lovell of said Town be Authorized and Impowered to 
Receive and pay the same Sum for the Purposes within mentioned, 
The said Assessors Collectors and Treasurer to Have the same Power 
therein as the Assessors Collectors and Treasurer of other Towns are 
Vested with. \^Passed June 17. 



CHAPTEE 49. 

ORDER ALLOWING £12 TO RICH" TRUSDELL. 

Refordfof the A PETITION of Richard Trusdell of Newtown Setting forth That 

Council, xxiv., being a Soldier in the Pay of the Province in 1758 He was wounded 

Archivtfs^,' by a Ball which went through his Breast and right arm, for which 

ixxix.,(ifi6. i^g \YAt\\ already received four pounds from this Government : that 

Archives ^^^ ^'^""^ ^^'^^^^ h^exi SO Weak ever since as to render him unfit for 

ixxix., 6fi'4. labour, and that it is like so to continue. And Praying relief. 

?aiT^'"" Read and 

' The House Journal omits the words beginning, "and that Samuel Peirce," etc., to 
the end of the order. 



[1st SesSo] Province Laws (liesolves, etc.). — 1761-62. 25 

Ordered that the sum of twelve pounds be paid to Thomas Green- 
wood Esq' out of the publick Treasury for the Use of the PeV in 
full for his Sufferings to this time, [Passed June IS. 



CHAPTER 50. 

ORDER ALLOWING £3 TO THEODORUS DOTY. Legislative 

Records of the 
Council, xxiv., 

A Petition of Theodorus Doty Setting forth That -He was a 53. Mass. 

Soldier in the Pay of the Province in 1758, and returned his Gun ixxix., 7i4. 

when the Campaign was over: but that in making up the Roll, there Mass. 

was three pounds stopped from his Wages; and praying Relief. fx^ix^Tu 

Read and House'jour- 

Ordered that the sum of three pounds be paid out of the pub- province" 

lick Treasury to Brigadier Ruggles for the Use of the Pet"^ in full, ^liap^'gy^' ' '■*'' 

[Passed June 18. 



CHAPTER 51. 

ORDER DIRECTING THE STOPPAGE OF THE £3 PENSION TO JUDAH 

CLARK. 

Whereas in Aprill 1757 It was Ordered By this Court that three Legislative 
Pounds as a Pension Be allowed to Judah Clark P"" Annum on the coiiuctf, "xxVv*!, 
Account of a Wound which He Rec'* in His Left Elbow from the '^^^.i^^^^^jf^*- 
Enemy Near Lake George in the year 1755 Untill the further Order ixxix., 77'it. 
of this Court, and whereas he is now Recovered of His wound and House .lour- 
Been Since into the Service as a Commission Officer, Therefore province 

Ordered that the Said Annuall Pension of three Pounds allowed Laws, xy., 739, 
to Said Judah Clark Shall henceforth determine & Cease & he shall ^ '^" 
have no further Allowance made him on the Account of His wound 
Aforesaid. [Passed June 18. 



CHAPTER 52. 

ORDER ALLOWING £3. 6 TO SAM'- TUBES. 



A Petition of Samuel Tubbs Setting forth That he served as Legislative 
a Soldier in the Pay of the Province at Nova Scotia in Cap*^ Bassets councu^, x x\ v^ 
Company, and on the 14 June 1760 was turned over to Cap'' Cane, 55. Mass. 
but that by mistake he is made up in Cap' Canes Roll only from ixxix., 712. 
the 1'' of August, And Praying an Allowance. MasI 

Read and i^xix^ n? 



Ordered that the sum of three pounds Six Shillings be paid out House' Jour- 
the publick Treasury to CoP 
Pef in full. [Passed June 18. 



of the publick Treasury to Col" Thomas Gilbert for the Use of the ^■^'^^- ■ 



26 



Province Laws {Resolves, etc. ). — 1 761-62. [Chaps. 5;3-55.] 



CHAPTER 53. 



Legislative 
Records of the 
Council, xxiv., 

00. 

House Jour- 
nal, pp. 39, 63. 
Province 
Laws, XV., 10, 
cbap. 7. 



ORDER REQUIRING THE ASSESSORS OF DUNSTABLE TO TAKE A LIST OF 
THE POLLS AND ESTATES OF THE INHABITANTS OF "JOINT GRASS,' 
SO CALLED, ETC. 

Whereas there is a dispute arisen by the i\.ssessors of the Town 
of Dunstable for the Year 1760. with regard to taking in the valu- 
ation of a number of Inhabitants called Joynt Grass formerly be- 
longing to the Town of Groton, and in the Year 1753 were set off 
by this Court to the Town of Dunstable to do duty and receive 
priviledge. Thereupon 

Ordered That the said Assessors of the Town of Dunstable for 1760 
be, and are hereby required forthwith to take a List of valuation of 
the Polls and Estates of the Inhabitants of Joynt Grass, and trans- 
mit the same to the Committee of this Court chosen to settle the 
valuation of the several Towns and Districts within this Province. 
Provided that this Order be not understood or construed to deter- 
mine any doubt or dispute subsisting whether the Inhabitants of 
Joynt Grass belong to Groton or Dunstable, or to bar any Process 
in the Law for determining the same. [^Passed June 18. 



Legislative 
Records of the 
Council, xxiv., 
.57. Mass. 
Archives, 
1xx1x.,.t45. 

Mass. 
Archives, 
Ixxix., .i45. 
House Jour- 
nal, p. 61. 
Province 
T<u\vs,xvl.,'247, 
chap. 89. 



CHAPTER 54. 

ORDER ALLOWING £3 TO JESSE PRAT. 

A Petition of Jesse Prat of Middleborough Setting forth That 
He was a Soldier in the Pay of the Province in 1758. and in the 
Action at Ticonderoga lost his Gun, for which there was three 
pounds stopped out of his Wages. And Praying Relief. 

Eead and 

Ordered that the Sum of three pounds be paid to James Williams 
Esq"" out of the Treasury for the Use of the Pef in full. \^Passed 
June 10. 



CHAPTER 55. 



Legislative 
Records of the 
Council, xxiv., 
.")". Mass. 
Archives, 
Ixxix., 750. 

House Jour- 
nal, pp. 22, 67. 



ORDER ALLOWING £20 TO GILES HARRIS. 

A Petition of Giles Harris Setting forth That he was com- 
missioned by Governor Pownall in 1759. to be Conductor of Hospital 
Stores to Col" Thomas's Eegiment stationed at Halifax, the duty of 
which Office he performed from 31 March 1759 to 18"^ January 1760. 
And Praying he may receive the like allowance, as was made to those 
at the Westward. 

Read and 

Ordered that the Sum of twenty pounds be paid out of the pub- 
lick Treasury to the Pef in full for his Service as Conductor of 
Hospital Stores as abovementioned. \^Passed June 19. 



[l8T Sess.] Province Laws (^Resolves, etc.). — 1761-62. 27 



CHAPTEE BQ. 

ORDER ALLOWING £9 TO EDMUND MOORE. 

A Petition of Edmund Mooers Setting forth That He as a Legislative 
recruiting Officer the last Year inlisted one Joshua Barker, and paid councif, xx\ v^, 
him the Province bounty of nine pounds, but there being no Justice '^]- Mass. 

J 1. f o Archives, 

at hand to swear him he went into the service and did duty in Cap^ ixxix.,645. 
Smiths Company throughout the whole Campaign without being Mass. 
first sworn, for which reason Brigadier Euggles could not in settling ^^x7^45. 
with him, think himself justified in allowing said sum. And Pray- House'jour- 

• -w-^ 1 • n ll<ll, U. t)4. 

mg Keiiei. Province 

Read and in Answer diap!'i^5?' ''""' 

Ordered that the Sum of Nine pounds be paid out of the publick 

Treasury to the Pet' in consideration of that sum paid by him to 

Joshua Barker as Bounty money. ^Passed June 19. 



CHAPTER 57. 

VOTE IMPOWERING ASAEL HARTWELL, GUARDIAN, TO SELL LAND 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Asael Hartwell of Lunenbourgh, Guardian to Legislative 
Jeremiah Stiles of said Lunenburgh, a minor of the Age of eigh- coundf, xxivf, 

teen Years Setting forth That he hath set off to him of his Fathers ^^ 

Estate about eighteen Acres of land mostly unimproved, and alto- House .Jom-- 
gether unfit for a Settlement, that it is about half a mile in length "^ ' ^' 
and about eighteen Rods wide : that the shares of the other Children 
lye adjoining, and in the same form; and as some of the Sons are 
arrived at Age, they are desirous of making settlements provided 
they could purchase of the other heirs; that the said Jeremiah is 
desirous his Share should be sold. And Praying that He as Guardian 
may be impowered to make sale of the said Lot. 

Read and 

Voted That the prayer of the Petition be so far granted, that the 
said Asael Hartwell in his said Capacity of Guardian to the said 
Jeremiah Stiles be hereby authorized and impowered to make sale 
of the eighteen acres of Land herein mentioned belonging to the 
said Jeremiah for the most it will fetch, and to make and execute 
a good deed or deeds in the Law for conveying the same, he first 
giving caution to the Judge of Probate for the County of Worcester 
that the proceeds of said Sale with the interest thereon shall be paid 
to the said Jeremiah Stiles when he shall arrive to the Age of twenty 
one Y^ears, and in case of his decease before that time, shall be paid 
to his lawful heirs, and that he observe the direction in the law for 
the sale of Real Estates by Executors and Administrators. \^Passed 
June 19. 



28 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 58, 59.] 



CHAPTER 58 



House Jour- 
nal, p. 41. 
Mass. 
Archives, 
l;\xix.,7ia. 

Mass. 
Archives, 
Ixxix., 7IS. 
House Jour- 
nal, p. 67. 
Province 
Laws, xvi., 188, 
chap. 434; 347, 
chap. .331. 



ORDER CONFIRMING A PLAT OF 190 ACRES OF LAND TO THE HEIRS 
OF JOSEPH BARKER. 

A Memorial of Elizabeth Barhcr of Westfield, Widow, setting 
forth, that her Husband had for his Hardships, Sufferings and 
Wounds, while in his Majesty's Service, a Grant made him by the 
General Court, of One Hundred and ninety Acres of the unappro- 
priated Land of this Province, which he laid out, as he thought, 
between Neiv-Framinglimn and Hoosuck, at a Place called Leek- 
Meadow ; but upon perfecting the Survey of said Xew-Framingham, 
said Leek-Meadow fell within the Limits of said Township; upon 
which she has made a new Pitch according to a Plan exhibited with 
her Memorial; and prays this Court to accept and confirm it, 

Eead and 

Ordered that the Plan of one hundred and Ninety Acres of Land 
herewith presented as surveyed and laid out by John Williams Jun'' 
be and hereby is accepted and the land therein describ'd be confirmed 
to the Heirs of Joseph Barker Dec'd and their Assigns. Provided the 
same do not exceed the quantity of 190 Acres, nor interfere with 
any former Grant. And is in full satisfaction of the Grant made to 
said Joseph Barker instead of that heretofore confirmed to him as 
within mentioned. \^Passed June 19. 



CHAPTER 59. 



Legislative 
Records of the 
Council, xxiv., 

m. 

Legislative 
Records of the 
Council, xxili., 
t;5o; xxiv., 19, 
'yl. House 
Journal, p. 274 
(April, 17fil): 
pp. 26,60,64,70. 
Province 
Laws, xvi., 694, 
chap. -288. 



ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION 
OF THE DISTRICT OF SOUTH HADLEY TO BE DIVIDED INTO TWO 
DISTRICTS, ETC. 

The Committer to whom was referred the consideration of the 
Petition of Eleazer Nash and Phineas Smith of South Hadley respect- 
ing the fixing a place for erecting a House for publick Worship in said 
place. Also the Petition of William Eastman and Phineas Smith of 
said South Hadley in behalf of a large number of the Inhabitants 
of said place praying that the report of a Committee of this Court 
sent in April last to fix a place for the meeting House may be 
accepted and confirmed, or that South Hadley may be divided into 
two Districts reported according to order. 

Read and Accepted. And 

Ordered that the Petitioners William Eastman and Phineas Smith 
serve the District of South Hadley with a copy of the Petition within 
mentioned by them signed, by leaving an attested copy thereof with 
said District Clerk, that they shew cause (if any they have) on the 
second Wednesday of the next Sitting of this Court why said Dis- 
trict should not be divided into two Districts, and that the People 
of said District be in the mean time strictly enjoined to stay all 
proceedings respecting their erecting a New Meeting house in said 
District. \^Passed June 20. 



[1st Sess.] Province Laws {Resolves, etc.). — 1761-62. 29 

CHAPTEK 60. 

VOTE ALLOWING £5 AND £5 ANNUALLY TO ISAAC TORREY. 

A Petition of Isaac Torrev of Scituate in the County of Plym- LegiBiative 
outh Setting forth That being a Soldier in the Pay of the Prov- cou°rfc1f, xxU'^, 
ince, while upon duty at Nova Scotia he received three musket balls eo. Mass. 
from the Enemy, by which he is rendered a Cripple, and never like ixxix.^'rn. 



to be able to get his living. And (acknowledging with gratitude a m^ss. 
Grant of Eight pounds made him the last Year) Praying for further 1'^^^^!?'^*'-% 

relief. House'.Jour- 

[Read and] Tri^'^'. 

Voted that this petition Be So far Granted as that the Petitioner ^jf^^'j^g'"'- ^'^^• 
Isaac Torrey be and is hereby allowed the Sum of five Pounds, and 
the Same Sum annually to Commence from this Day Untill the 
further order of this Court on the Account of His Wounds & Suf- 
ferings mentioned in his Said Petition, the Same to be Paid out of 
the Province Treasury. [Passed June i22. 



CHAPTEK 61. 



ORDER IMPOWERING ISAAC MATHEWS, ADM«, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Isaac Mathews of Yarmouth, Administrator of the Legislative 
remaining Estate of Ebenezer Hawes late of Yarmoutii aforesaid councif, xxh*!, 

Yeoman deceased Setting forth That the said deceaseds Estate is ^^ 

insolvant, and that the whole of the Real Estate (saving the Widows House Jour- 
Dower) has been sold for the payment of his just debts, which falls province' 
far short of satisfying the same ; and that since the last settlement chap!'io.'' ^^^' 
with the Judge of Probate the Widow of said deceased is dead And 
Praying that he may be impowered to sell that part of the said 
Ebenezers Estate, which was assigned to the Widow for Dower, to 
enable him to go on with the payment of the deceaseds debts. 

Read and 

Ordered That the Prayer of the within Petition be so far granted, 
as that the Petitioner in his capacity of Administrator be and hereby 
is authorized and impowered to make sale of the whole of the remain- 
ing Real Estate within mentioned for the most the same will sell for, 
and to make and execute a good Deed or Deeds of sale in law for 
conveying the same, he observing the directions of the Law relat- 
ing to the sale of Real Estates by Executors and Administrators, 
and giving sufficient caution to the Judge of Probate for the County 
of Barnstable, that the proceeds arising by said sale be applied to 
the payment of the just debts of the said deceased the Intestate. 
[Passed June 22. 



30 Province Laws {Resolves^ etc.). — 1761-62. [Chap. 62.] 



CHAPTER 62. 

ORDER REQUIRING RETURN TO NEEDHAM OF CERTAIN PERSONS AND 
THEIR ESTATES FORMERLY SET OFF FROM NEEDHAM TO NATICK. 

Legislative The COMMITTEE appointed 8*^ April on the Petitions of Thomas 

councif, xxiv!, Sawjer and Joseph Peabody a Committee from Natick, and of Amos 
Arciiiv^es'xiv. t' tiller and others Selectmen of Needham, made the following Re- 
•--5- port viz^ : 

Mass. The Committee to whom was referred the within have repaired to 

■M-22l*^^Hou8e Natick, fully heard the Petitioners and the Respondents, beg leave 
Journal, ^q j-eport as follows That A} 1743 a number of the Respondents 

Province' then living in needham in the County of Suffolk were set off from 

cifiM)^-M4"xv^'| needham to Natick in the County of middlesex; Needham then 
725, chap. 360. jjeing against parting with them, and natick against receiving them ; 
that the pretence of the Respondents in desiring to be set oS was, 
their being much nearer to the meeting House in natick, and their 
desire to attend the publick worshij^ of God there; but they soon 
discovered another sentiment viz* that of removing the meeting 
house very far from the Indians and nearer to themselves, which 
early introduced an unhappy contention in said Parish and which 
has continued ever since, and we have the melloncholly prospect of 
its being continued so long as they remain as a part of said Natick. 
The Committee would further observe, that the Respondents do not 
attend the Publick worship of God at Natick, and therefore frustrate 
the very design of the General Court in their being set oft' to Natick, 
and the Committee are unanimously of opinion, that the Peace of 
Natick makes it necessary that they return to needham again, and 
therefore report that the several Inhabitants of Natick with their 
Estates, which by the order of the General Court in 17-43 were set 
off from needham to Natick be returned to the Town of Needham 
in the County of Suffolk there to do duty and receive priviledge 
any thing in the order aforesaid. Notwithstanding. And with respect 
to the removing the meeting house in Natick, the Committee beg 
leave to say, that altho by a Vote of the Inhabitants for removing 
the same, there has been some appearance of accomodation, yet as 
it was that on the morning of the same day, the Committee of the 
General Court appointed to hear the Parties in Natick aforesaid a 
meeting of the said Parish was held, and the Vote with respect to 
the removing the said House reconsidered. This having pvit an end 
to the forementioned prospect of accomodation, the Committee see 
no reason why the House at present should be removed from the 
place where it now stands, 

(Signed) Benj^ Lincoln ^ order 

Read & accepted, And 

Ordered That the several Persons & Estates which by the order of 
the General Court were in 1743 set off from the Town of Needham 
to Natick be returned to the Town of Needham in the County of 
Suffolk there to do duty and receive Priviledge in like manner as 
before the said Order passed any thing therein to the contrary not- 
withstanding. \_Passed June 23. 



[LsT 8ess.] Province Laws {Resolves, etc.). — 1761-62. 31 

CHAPTER 63. 

ORDER ALLOWING £12 TO JON-^ OSBORNE. 

A Petition of Jonathan Osborne of Boston Setting forth That ^®s'^'i^"^® 
He was appointed Surgeons mate of the first Batallion of Brigadier councu, xxiv., 
Ruggles's Regiment, and faithfully discharged the duty of said Arcuwes^' 
Office. That on the oO"' of September Doctor Williams the Chief ixxix., so'g. 
Surgeon died, whereupon the whole of said regiment devolved upon Mass. 
him, and he alone acted as Surgeon to said Battalion to 11"" January ix^ix!^^55s. 
following; but that the muster Roll being made up before he re- ^jj|^pp'^^"^6 
turned he is made up only as Surgeons mate. And Praying a further 
Allowance. 

Read and 

Ordered that the Sum of twelve pounds be paid out of the pub- 
lick Treasury to the Pef in full consideration for his Services 
mentioned. \^Passed June 23. 



CHAPTER 64. 

VOTE ALLOWING S.m. _>. 11 TO JON^ PREBBLE. 

A Petition of Jonathan Prebble of George Town Setting forth K|ford"of the 
That in the Year 1758 his son Ebenezer Prebble and his Wife were Council, xxiv., 
killed by the Indians and five of their Children captivated by the ArcWv^eT,' 
same barbarous Enemy. That in the Year 1T59 M"" Alexander Camp- ixxix., 599. 
bell meeting with two of said Children in Canada redeemed them Mass. 
for the sum of Thirty pounds two shillings and eleven pence, which ixxix.,59s. 
sum the Petitioner (tho very ill able) has since repaid. And Praying ^.f "p*; 7^."'"' 
the compassionate consideration of the Court. 

[Read and] 

Voted that the Prayer of the Petition be granted & that the sum of 
Thirty pounds two shillings & Eleven pence be paid out of the Pub- 
lick Treasury to Jonathan Preble in full satisfaction for what he paid 
for y*^ redemption of the two children as sett forth in y® Petition 
The said Sum to be paid to James Noble E8q^ \^Passed June 2S. 



CHAPTER ^^. 

ORDER ALLOWING £5 TO JOHN BLISH, ADM«. 

A Petition of John Blish of Barnstable Administrator of the Legislative 
Estate of his Brother Reuben Blish late of said Barnstable de- counc'if, x*xh%, 
ceased Setting forth That said Reuben was a Soldier in the Pay ^l;^^^^^^- 
of the Province and tarried over the Winter 1760. and until the 5 ixxix-.-ib. 



August 1760. and then died. And Praying that he may have the m.iss. 
benefit of an order of Court allowing Five pounds to such Soldiers ^x'^^x.Tns. 
as tarried till the first of September the said Reubens dying some House' Jour, 
short time before Notwithstanding. Province 

Rpflfl inrl Laws, xvl., 460, 

neaci ana chap. 245. 



32 



Province Laws {Resolves, etc.). — 17(3l-(i2. [Chaps. 6ti, 67.] 



Ordered that the sum of five pounds be paid out of the publick 
Treasury to the Pef for the Use of the AVidow of the within named 
Keuben Blish in full. [Passed June 2S. 



Legislative 
Records of the 
Council, xxiv., 
"li. Mass. 
Archives, 
Ixxix., 780. 

Mass. 
Archives, 
l\xviii., 102; 
Ixxix., 24, 405, 
427, 465, 574, 582, 
1)04,630,657,729, 
730, 7.^3, 734, 735, 
736, 737, 738, 739, 
743,751,752,778. 
House Jour- 
nal, pp. 70, 71. 



CHAPTER iMS. 

VOTES ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

TiiE FOLLOWING AZOTES passed upon Pet"* of sick and wounded 
Soldiers. Viz That there be paid out of the publick Treasury 



To M'' Henry Herrick . 
To Edward Hartwell Esq-- 
To Cap' Ezra Taylor 
To James Williams Esq' 
To William Read Esq . 
To m'' Nathaniel Nelson 
To m"' Ezra Green . 
To nV Solomon Prentice 
To Colo Samuel Waldo . 
To Bcnj'i Chadburn Esqi" 
To Doct' Tho« Porter 
To D" . . . . 
To Cap' Brigs Aldin 
To Cap' Enoch Kidder . 
To Elizabeth Hunt 
To m' Joseph Herrod 
To in' Stephen Fuller 
To m'' Fellows Billings . 
To Col" W'" Lawrance . 
To m"' Fellows Billings . 
To Col" Tho* Gilbert . 
To Col" W'" I awrance . 
To m'' James Humphrys 
To m' Noah Sabin . 
To m' Henrv Gardner . 
To Eliphalet Pond Esq-- 
To Josiah Dwight Esq'' . 

[Passed June 23. 



£8. 


10. 


1. 


4. 


S. 


0. 


5. 


9. 


ii. 


0. 


8. 


10. 


1. 


12. 


1. 


0. 


10. 


7. 


1. 


4. 


•> 


0. 


2_ 


10. 


8. 


14. 


9. 


8. 


3. 


4. 


4. 


0. 


1. 


9. 


H. 


0. 


•) 


0. 


1. 


11. 


5. 


0. 


4. 


0. 


0. 


0. 


9. 


0. 


1. 


5. 


6. 


10. 


I. 


13. 



for Nath' Bootman in full 
for Peter Houghton in full 
for Nathan Brigham in full 
for Ruth Keith" in full 
for Jeremiah Andrews in full 
for the Selectmen of Mendon in full 
for Ezra Pratt in full 
6 for Constantine Hardy in full 
8 for John Warren in full 
for Ephraim Joy in full 
for Marv Peters in full 
for Esther Trask in full 
8 for Ezekiel Soule in full 
8 for the Petitioners in full 
in full 
for Betty Reed in full 

4 for Henrv Tolman in full 
for Alaph ' Stebbins in full 
for Joseph Wilson in full 
for Zebadiah Smith in full 
for Mary Briggs in full 

for William Simonds in full 
for Loring White in full 
for Amos Read in full 
6 for Amos Gates in full 
for Peter Thorp in full 

5 James Morgan in full 



CHAPTER 67. 

ORDER IMPOWERING AARON BARTLETT, GUARDIAN, TO SELL LANDS 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
66. 

House Jour- 
nal, pp. 67, 68. 



A Petition of Aaron Bartlett of Brookfield, Guardian of Charles 
Eice a minor of about 3 Years of age, son of Charles Eice late of 
Brookfield deceased Setting forth That the said Charles left but 
forty five shillings personal Estate, and that his Eeal Estate con- 
sists of One hundred Acres of Wilderness Land in said Brookfield, 
yeilding no profit, that the said minor is the posthumous Child of 
the said Charles deceased and hath no other Estate, out of whicli the 
past or future charge of his Support and Education can be defreyed. 
And Praying leave to sell the said Estate, he to be accountable 

Eead and 

Ordered That the Prayer of this Petition be granted : and that 
the Petitioner be and he hereby is impowered to make Sale of the 
Lands within mentioned for the most the same will fetch, and to 
make and execute a good and sufficient deed or deeds for convey- 
ing the premisses to such person or persons as shall purchase the 

' Legislative Records of the Council, xxiv., 72, reads, "Asaph." 



[1st Sess.] Province Laws {Resolves, etc.). — 1761-62. 33 

same he first giving proper caution to the Judge of Probate for the 
County of Worcester for the paying the debts and charges within 
mentioned and to render a true account thereof, and to pay the 
ballance thereof when legally called thereto. \^Passed June 24. 



CHAPTER 68. 

ORDER GRANTING £372. 10 TO REBUILD PROVINCE COACHHOUSE AND 

STABLES. 

In the House of Representatives Legislative 

Ordered That the sum of Three hundred seventy two pounds ten council^, xxiv^, 
shillings be granted out of the Publick Treasury in order to rebuild ^ 



the Coach House and Stables belonging to the Province House with ^ai^pp'^^^gg 
Brick. And that Col° Phillips and M'' Gushing with such as the ts. ' 
honourable Board shall join be a Committee to cause the work to 
be effected as soon as may be, 

In Council Read and Concurred and James Bowdoin & Thomas 
Hubbard Esq" are joined in the Affair. [^Passed June 24. 



CHAPTER 69. 

ORDER FOR THE TRANSFER OF APPROPRIATION. 



Legislative 
Records ot the 
Council, xxiv., 
67. 



House Jour- 
nal, p. 80. 

Ordered That a Transfer of £25 be made from the Appropri- £^"^8°?®, jgi 
ation of Grants to the Appropriation for the payment of Bayonets, chap. 4. 
\Pa&8ed June 24. 



CHAPTER 70. 

ORDERS AGAINST ISAAC WYMAN, SETH HUDSON AND OTHERS. 

The Committee appointed to consider the x\ffair of Cap'' Isaac Legislative 
Wyman, Seth Hudson and Others made report according to order, counclf, "xxw*!, 

Read and Accepted, And thereupon e^*- 

Ordered That Seth Hudson, Jabez Warren Sen'' and Silas Pratt Legislative 
forthwith pay the Province Treasurer for the use of the Province councif, xxiii*, 
the sums respectively due from them viz*^ Seth Hudson the sum of Ho'^gg^j^ur- 
£20.4.1 Jabez Warren Sen"" £13.12.2 and Silas Pratt £13.12.2 and nai.pp.sos.soe, 
in case they or either of them neglect so to do, that the Treasurer neo-if: pp.'sV, 
be and he hereby is impowered and directed to sue them at common fn;,™Laws°^ 
Law for the recovery of the Sums due from them respectively. Also xvi., 679, chap. 

Ordered That the Treasurer make no further payment upon Cap* "*^" 
Wymans Roll mentioned in the Report of the Committee, and that 
the money due to Gad Chapin upon his Pay and billetting Roll viz* 
£6.12. be paid to him, and that said Roll be stopped. [Passed 
June 24. 



34 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 71-73.] 



CHAPTER 71 



ORDER IMPOWERING JABEZ SNOW,. EXECUTOR, TO SELL TAVO THIRDS 
OF AN ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 



Lcirislative 
Records of the 
Council, xxiv., 

House Jour- 
nal, p. 72. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Jabez Snow of Eastham, Executor of the last Will 
and Testament of Jabez Snow late of Eastham aforesaid Gentleman 
deceased Setting forth That the whole of the said deceaseds Estate 
both real and Personal is insufficient (after the AVidows Thirds are 
deducted) to pay his Just debts: and as it will be near a Year before 
the Superior Court will sit in the County of Barnstable Praying 
leave to sell the whole of the said deceaseds Eeal Estate (reserving 
the Widows Dower therein) to enable him to pay the deceaseds just 
debts, so far as the Nett proceeds thereof will pay. 

Read and 

Ordered That the Prayer of the within Petition be so far granted 
as that the Petitioner in his capacity of Executor be, and he hereby 
is imi^owered to make sale of two thirds of the Real Estate within 
mentioned for the most the same will sell for, and to make and 
execute a good deed or deeds of sale in the Law for conveying the 
same, he observing the directions of the Law relating to the sale of 
Real Estates by Executors and Administrators and giving sufficient 
caution to the Judge of Probate for the County of Barnstable that 
the proceeds arising by said Sale be applied to the payment of the 
just debts of the said deceased, the other third being reserved for 
the Widows thirds during her natural life. \^Passed June 24. 



CHAPTER 72. 



ORDER ALLOWING £1. 16 TO W^' LAWRENCE. 



Legislative 
Records of the 
Council, xxiv., 
69. Mass. 
Archives, 
Ixxix., 345. 

Mass. 
Archives, 
Ixxix., 344. 
House .Jour- 
nal, p. 80. 



A Petition of William Lawrence of Weston Setting forth That 
his son William was a private Soldier in the Pay of the Province in 
1760, and being sick at Crown Point was dismissed as an Invalid, 
and by the Assistance of his Fellow Soldiers got to within about 
30 Miles of N° 4, when he was so weak he was obliged to hire a 
Horse to bring him home. And Praying an allowance therefor and 
for the charge of his nursing. 

Read and 

Ordered that the Sum of One pound Sixteen shillings be paid out 
of the publick Treasury to Elisha Jones Esq'' for the Use of the 
Pet^ in full. [Passed June 24. 



CHAPTER 73. 



ORDER ALLOWING £2. 14. 4 TO EPH^' PARKS. 



Legislative 
Records of the 
Council, xxiv., 
09. Mass. 
Archives, 
Ixxix., .509. 



A Petition of Ephraim Parks of Lincoln Setting forth That 
his Son John inlisted as a Soldier in the Pay of the Province in 
1760, and being taken sick at Crown Point was put into the Hos- 
pital, which the Petitioner hearing of, went out to bring him home, 



[1st Sess.] Province Laws {Resolves, etc.). — 1761-62. 35 

and was gone 18, days. And Praying an Allowance for his said Jour- Mass. 
ney and for what he paid the Doctor. hcxix.ysia 

Read and mi'iaj'l'so'"''" 

Ordered that the Sum of two pounds fourteen Shillings and four 

pence be paid out of the publick Treasury to Elisha Jones Esq'' for 

the Use of the Pef in full. \^Passed June 24. 



CHAPTTIR 74 Legislative 

^-"--^-^-LJKrt 4-±. Records of the 

Council, xxiv., 

VOTE APPOINTING A COLLECTOR OF EXCISE FOR BERKSHIRE COUNTY. — 

Legislative 
Records of the 

According to agreement the two Houses proceeded to the ^*''^HoV^e^*^'' 
choice of a Collector of Excise on spirituous Liquors &c* for the Journal, pp. 77, 
County of Berkshire, when Cap*' Stephen Dewey was chosen by a ince'i^awMv., 
major vote of the Council and House of Representatives. \Passed *^2, chap. 33. 
June 25. 



CHAPTER 75. 

ORDER REFERRING WITH STAY OF ALL PROCEEDINGS THE PETITION 
OF THE SELECTMEN OF WESTBOROUGH IN REGARD TO A HIGHWAY. 

The Committee appointed on the Petition of the Selectmen of R|for|s'of the 
Westborough, and the answer thereto by Jonathan Livermore and Councii, xxiv., 

others reported as their opinion that the same be referred to the ~ 

next Session and that all proceedings respecting the High way be ^a^Upp^se^'ss. 
suspended in the meantime. (Signed) Sam'' Watts ^ Order Province ' 

Read and Accepted. And chap. 425. ' 

Ordered that the consideration of this Petition with the Answer 
thereto be referred to the second Thursday of the next Sitting of 
this Court, and that all Proceedings respecting the High way in 
said Petition mentioned be suspended in the mean time. \Passed 
June 26. 



CHAPTER 76. 

VOTES ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

The FOLLOWING Votes passd upon the Petitions of Sick and ^Iforlfg^of'the 
wounded Soldiers Viz That there be allowed and paid out of the council, xxiv., 
publick Treasury ArchWeT" 

To Benj^ Newhall Esq"- £.3 for John Wait in full ixxix.. 781. 

To Sam' Phillips Esq"" 2.4.6*^ for James Frye Jun'' in full Mass. 

To Jedidiah Foster Esq'' £3.17 for the Use of Dorothy Hincher k'Sx.T. 570,609, 

in full 61.5,720,721. 

^'^ ^^''^ House -Jour- 

To M"" Noah Sabin two pounds seven Shillings for the Use of nai, p.ss. 
Rebecca Worster in full 

To Sam' Phillips Esq'' two pounds twelve shillings and Six pence 
for the Use of Jonathan Parker in full. \^Passed June 26. 



36 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 77, 78.] 



CHAPTER 77 . 



VOTE IMPOWERING HOPESTILL FOSTER, GUARDIAN, TO SELL REAL 

ESTATE. 



Legislative 
Records of the 
Council, xxiv., 
73. 

HouBe Jour- 
nal, pp. 82, 83. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Hopestill Foster of Boston. Guardian of Ann 
Foster and Zebiah Foster Minors and Children of Edward Foster 
deceased Setting forth That the said minors are interested in a 
certain Wooden house and Land situate in Milk Street in said 
Boston; that said House is old and in a ruinous condition, and 
takes the greatest part of the Rent to keep it in repair, And as he 
apprehends it would be for the Interest of the minors to have said 
Estate sold Praying that he may be enabled to make sale of the same 
accordingly. 

[Read and] 

Voted That the Prayer of this Petition be granted ; and that the 
Petitioner be and hereby is authorised and impowered in his said 
Capacity of Guardian to make Sale of the House and Land men- 
tioned for the most the same will fetch, and to execute a good and 
sufficient deed of Conveyance thereof, he observing the direction 
of the Law with respect to the Sale of Real Estates by Executors 
and Administrators and giving caution to the Judge of Probate for 
the County of Suffolk to account for the proceeds of such Sale 
agreeable to the directions of the Law. \^Passed June 26. 



CHAPTER 78. 



Legislative 
Records of the 
Council, xxiv., 

76. 

House Jour- 
nal, p. 83. 
Province 
T^aws, ii., l.'il, 
chap. 10. 



VOTE IMPOWERING ABIGAIL LITTLE, GUARDIAN, TO SELL LANDS. 

A Petition of Abigail Little AVidow and relict of Isaac Little 
Esq"" late of Pembroke deceased, and Guardian to her son Lemuel 
Little Setting forth That the Estate given to the said Lemuel is 
charged with sundry debts, that her said Son is almost blind, and 
that she must be obliged to part with a negro man who is the chief 
support of her Family, unless she can sell some part of the Real 
Estate. And Praying leave to make sale of about one hundred and 
twenty Acres of Outland in said Pembroke which was given to her 
son on account of his blindness, in order to defrey (so far as the 
proceeds will enable her) the debts aforesaid, 

[Read and] 

Voted That the Prayer of this Petition be granted, and that tlie 
Petitioner be and hereby is Authorized and impowered in her said 
capacity of Guardian to make sale of the Lands mentioned for the 
most the same will fetch, and to execute a good and sufficient deed 
or deeds of conveyance thereof, She observing the direction of the 
Law with respect to the Sale of Real Estates by Executors and 
Administrators, and giving caution to the Judge of Probate for the 
County of Plymouth to account for the proceeds of such Sale agree- 
able to tlie directions of the Law. \^Passed June 27. 



[1st Sess.] Province Laws (Resolves, etc.). — 1761-62. 37 



CHAPTER 79. 

VOTE IMPOWERING JOS. SHEPARD, KEZIA HIS WIFE, JOSIAH MAN AND 
THOMAS MAN, GUARDIANS, TO SELL REAL ESTATE. 

A Petition of Joseph Shepard with Kezia his Wife and Josiah r®^'^^^"'! ,. 
Man and Thomas Man all of Wreutham Guardians of Jonathan coimcii, xxiv., 

Man, (a Mnte and Noncompos) and of Kezia Man, Mary Man and — 

Betty Man, Minors, Children and heirs of Beriah Man Tanner, late nai"p! s?."'^' 
of Wrentham deceased Setting forth That said deceaseds Estate ProVince 
did consist of a Dwelling house. Tan House, Tan yard. Land &c^ chap%o;'xvi'., 
part whereof hath already been sold by order of this Court; and 25, chap. 47. 
that they and the Parties concerned judge it would be for their 
advantage to have the remainder sold. And Praying that they may 
be enabled to sell the same accordingly. 

[Read and] 

Voted That the Prayer of this Petition be granted; and that the 
Petitioners be and hereby are authorized and impowered in their 
said capacity of Guardians to make sale of the House and Lands 
mentioned in the Petition for the most the same will fetch, and to 
execute a good deed or deeds of conveyance thereof, they observing 
the direction of the Law with respect to the sale of Real Estates by 
Executors and Administrators and giving caution to the Judge of 
Probate for the County of Suffolk to account for the Proceeds of 
such Sale agreeable to the directions of the Law. [Passed June 27. 



CHAPTER 80 



ORDER ALLOWING £8 TO SAM'- GREEN. 



A Petition of Samuel Green Setting forth That he was taken Legislative 
by the Enemy in the Province Snow Prince of Wales, and carried councf f, xxVv^, 
to France, where he was coniined three months in Goal, suffering "^J- Mass. 

A.rCLllVG8 

great hardships in his Captivity. And Praying an Allowance. ixvi., ise! 

Read and Mass. 

Ordered that the Sum of Eight pounds be allowed and paid out j^^^^^sf; 
of the publick Treasury to the Pef in full consideration for his House Jour- 
Sufferings within mentioned. [Passed June 29. na,p. 



CHAPTER 81. 

VOTE NOTIFYING PERSONS TO SEND NAMES OF RELATIVES OR FRIENDS 
CAPTIVE IN CANADA OR LOUISIANA, TO THE PROVINCE SECRETARY . 

Voted, That, all persons belonging to this Province, who have any Legislative 
Relations or Friends now remaining in the hands of the French, or councif, xxiv., 
in Captivity with the Indians, in the Countries of Canada & Lou- '^^c^ve^s^' 
isiana, are hereby notified (if they see cause) to return a List of the ixxix., 782. 
names of such Captives into the Secretary's office on or before the Legislative 
first day of September next, particularly setting forth in said List, courTcif, xx\v^, 



38 Province Laws (Besolves, etc.). —1761-62. [Chaps. S2, 83.] 

^' ifrn^*"^^^8i ^li^i^ Sex, Age, times and places of being Captivated and any other 
87. ' ' ' circumstances, which they know relating to said Captives. [Passed 
June 29. 



CHAPTER 82. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINA WARE FOR THE COUNTY OF CUMBERLAND 
AND ALLOWING £1. 9. 8 FOR THE EXPENSE THEREOF. 

Archives cxx '^^^ COMMITTEE appointed by the General Court to Farm out the 

agt). Excise on Tea, Coffee & China Ware in the County of Cumberland 

House Jour- the Currant Year, after giving Publick Notice, attended that Service 

Province' i^ Falmouth. in said County the Seventh day of May last, Farm'd 

L^'y^s,^xvi.,690, out gaid Excise to M' Ebenezer Mayo, for Fifty Seven Pounds & 

taken his Bond, with Two Suretys. payable to Harrison Gray Esq''. 

Province Treasurer. & have Deliver'd the Bond to Said Province 

Treasurer Sam Waldo 

Jer Powell 
Read and 

Ordered that this report be accepted and that the sum of One 
pound Nine Shill^^ and eight pence be paid out of the Publick 
Treasury to the Comm®'' for their time and expence in this affair. 
[Passed June SO. 



CHAPTER 83. 

RESOLVE DESIRING THE GOVERNOR TO ISSUE A PROCLAMATION 
OFFERING A REW^ARD FOR THE APPREHENSION OF PERSONS 
GUILTY OF PARTICIPATION IN THE LATE RIOTS, DISORDERS, ETC. 

Records^of the ^^^ Com'^tee appointed to consider the within affair [Legislative 
Council, xxiv., Records of the Council, xxiv., 70] begg leave to report that they 
Arciuvtfs^," apprehend, the late disorders in the night time, committed in diverse 
ixxxviii., 172. Towns withiu this Province, by breaking meeting house windows. 



Mass. and driving Stones and Bricks, into the windows of the dwelling 

ixxxviii.,'i7i- houses of sundry Persons, thereby greatly endangering the Lives 

tive Records of o^ ^he inhabitants, besides y® injury done to such buildings, are in 

the Council, contempt of the good Laws of this Province, and in some instances, 

House Jour- especially, the Laws making Provision for the due observation of 

ft?''commis-' t^^6 Lords day and with a manifest design to discourage officers from 

sionsandProc- a faithful discharge of the Trusts reposed in them 

1756-1767, p. 214. Therefore the ComHee humbly propose his Excel'^'' the Governor 

be desired forthwith to Issue a Proclimation in the Name of this 

Government, calling upon officers and all others to exert themselves 

in preventing and suppressing all riots insolencies and disorders of 

so mischeivous consequences; and, for the better discovering and 

detecting such offenders promising a reward of Ten Pounds to any 

& every Person who shall inform of and discover such offender or 

offenders, as have or shall be guilty of the afores'' offences, and that 

shall upon trial be duly convicted thereof 

which is humbly submitted 

Is'' Williams jp order 



[1st Sess.] Province Laws {Resolves ^ etc.). — 1761-62. 39 

Read and Accepted, And 

Resolved That the Governor be desired forthwith to issue a Proc- 
himation calling upon Officers and all Others to exert themselves 
in preventing and suppressing all riots insolencies and disorders of 
such mischievous consequence, and for the better discovering and 
detecting such Offenders promising a Reward of Ten pounds to any 
and every Person who shall inform of and discover such Offender or 
Offenders who have or shall be guilty of the aforesaid Offences, and 
that shall upon trial be duly convict thereof. \^Passed June 30. 



CHAPTER 84. 

ORDER ALLOWING £3 TO HENRY RICHMOND. 

A Petition of Henry Richmond of Middleborough Setting forth Rgfords^of the 
that he inlisted into the Service in the Year 1760, and was ordered council, xxiv., 
into the Batteau Service and received no Gun; but that in making ArcWveT,' 
up the Muster Roll he is charged Three pounds for not returning a ixxix., 7i3. 
Gun, And Praying an Allowance. Mass. 

-T) T T ./ o Archives, 

Read and ixxix., vis. 

Ordered that the Sum of three pounds be paid out of the publick niTTsg'"'' 
Treasury to Col° Thomas Gilbert for the Use of the Pef in full. Province 
{^Passed June SO. ch^t^K S9.^*'' " '' 



CHAPTER 85. 

ORDER ALLOWING £2. 9 TO JARVIS RING. 



A Petition of Jarvis Ring a Soldier in the Pay of the Province Legislative 
in Col° Bagleys Regiment posted at Louisbourg Praying an allow- QQu°gjf xx\v^ 
ance of certain expences incurred by reason of Sickness. si. Mass. 

[Read and] t^^Z^ik. 

Ordered that the Sum of two pounds Nine Shillings be paid to ^j^^^^ '~~' 
Caleb Gushing Esq"" for the Use of the Pef in full. \_Passed Archives, 

July 2. House Jour- 

nal, p. 91. 



CHAPTER 86. 

ORDER ALLOWING £L t TO JOHN JENKS. 

A Petition of John Jenks of Medford Praying an allowance Legislative 
of sundry expences incurred on account of the Sickness of his c^^ncff xxiv^ 
Apprentice Adam Hawks, who returned sick from the Army. 82. Mass.' 

[Read and] ^Zl^. 

Ordered that the sum of One Pound four Shillings be paid out House Jour- 
of the publick Treasury to Stephen Hall Esq"" for the Use of the nai, p. 9i. 
Pet^ in full. [Passed July 2. 



40 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 87-90.] 



CHAPTER 87. 



ORDER ALLOWING £1. 4 TO W'" MERRY. 



Legislative 
Records of the 
Council, xxiv., 
82. Mass. 
Archives, 
Ixxix, 705. 

Mass. 
Archives, 
Ixxix., 705. 
House Jour- 
nal, p. 91. 



A Petition of William Merry of Norton Setting forth That he 
was a Soldier in the Pay of the Province in Col° Gilberts Regiment 
in 1755, that he was taken by the Indians and remaining in cap- 
tivity four Years, could not apply in season for the four Dollars 
then allowed the Soldiers for billetting themselves on their return. 
And Praying an allowance of the same. 

Read and 

Ordered that the sum of one pound four Shillings be paid out 
of the publick Treasury to Col° Thomas Gilbert for the Use of the 
Pet^ in full. [Passed July 2. 



Legislative 
Records of the 
Council, xxiv., 

83. 

House Jour- 
nal, p. iJ2. 
Province 
Laws, iv., 460, 
Chap. 4. 



CHAPTER 88. 

ORDER FOR THE TRANSFER OF APPROPRIATION. 

Ordered That the sum of Twenty four pounds eight shillings be 
transferred from the Appropriation for canada to the appropriation 
for the Alarm in 1757. \_Passed July 3. 



Mass. 
Archives, 
Ixxx., 218. 

Mass. 
Archives, 
xxxviiii., 330- 
334; Ixxix., 708- 
711. Executive 
Records of the 
Council, XV., 
21. House 
Journal, pp. 71, 
72, 8!). Ante, 
p. 37, chap. 81. 



CHAPTER 89. 

RESOLVE ALLOWING £20 TO SAMUEL HARNDEN TO RECOVER CAPTIVES 

IN CANADA. 

A Memorial of Samuel Harnden, proposing to go to Canada by 
the way of the Kennebeck River in order to recover the ten Cap- 
tives mentioned in the Petition ' 

Read & • 

Resolved that y® Petitioner be allowed & paid out of the Province 
Treasury the Sum of Twenty Pounds, to enable him to proceed in 
his Journey for the Purposes ment'' in y*^ Petition, he to be account- 
able to this Court for the Disposition of said Money. [Passed 
July 3.' 



CHAPTER 90 



ORDER ADJOURNING THE COURTS OF PLYMOUTH COUNTY. 



Legislative 
Records of the 
Council, xxiv., 

83. 



Whereas two of the Justices of the Inferior Court of common 
Pleas, and Others Justices of the General Sessions of the Peace 
wdiich by law are to be held at Plymouth in the County of Plym- 

' See Mass. Archives, Ixxix., 708. 

2 This date is according to the orginal draft in Mass. Archives, Ixxix., 711 ; the resolve 
is printed from the copy of the original, — Mass. Archives, Ixxx., 218, — which gives the 
final date J>me 30. 



[1st Sess.] Province Laws {Resolves, etc.). — 1761-62. 41 

outh on the first Tuesday of this Instant are Members of this Court, House Jour- 
and the important Affairs of the Province requires their attendance Province' 

thereon. S't-^'" ^^^' 

Wherefore 

Ordered That the said Courts be and hereby are adjourned to the 
third Tuesday of July current: and that all matters and things that 
might have had day at said Courts on said first Tuesday of July 
current shall have day. and be heard and proceeded on upon the 
said third Tuesday of July current, in like manner as if there had 
been no adjournment of said Court. \^Passed July 3. 



CHAPTER 91. 

ORDER ALLOWING £4. 14. 8 TO BENJ'^ SAWYER. 

A Petition of Benjamin Sawyer of Rowley, a Soldier in the Legislative 
Pay of the Province Praying an allowance of sundry expences council^ xxiv^ 
incurred on account of his Sickness, having had the Small pox 85. Mass.' 
while in the Service. itx^fes. 

Read and ^^^ 

Ordered that the sum of four pounds fourteen Shillings and eight ^'■c'^i^es, 
pence be paid out of the publick Treasury to Joseph Gerrish Esq"" House'jour- 
for the Use of the Pet^ in full. [Passed July 7. nai,i'P.95,94. 



CHAPTER 92. 

ORDER ALLOMING £."> TO GEO: LESSLEY. 



A Petition of George Lessley Setting forth That his son John Legislative 
Lessley a Soldier in the Pay of the Province, having broke his oouncfi^xxiv^ 
Shoulder on his Return home, took the advantage of a AVagon S5- Mass. 
going to Windsor in the Colony of Connecticutt to carry him hixixJr^i. 
thither, where he was seized with the Small pox and died, and Mass! 
that the Petitioner hatli since been obliged to pay the Selectmen f^^l^^^^'% 
of said Town the expence occasioned by his Sickness. And Pray- House'jour- 
ing an allowance. ^^^' ^^" '^^' 

Read and 

Ordered that the sum of five pounds be paid out of the publick 
Treasury to William Lawrence Esq'' for the Use of the Pef in full. 
[Passed July 7. 



CHAPTER 93. 

ORDERS allowing £3 EACH TO RICE HACKETT, JAMES HERBERT AND 

ISRAEL CURRIER. 

A Petition of Rice Ilacket, James Harbert and Israel Currier Legislative 
Setting forth That said Rice Hacket, and Samuel Harbert Son ^^Xif.xxiv^, 
of said James Harbert, and Samuel Currier son of said Israel Cur- §6. Mass.' 
rier were Soldiers in Col° Willards Regiment in the Pay of the itxixTevi, 672. 



42 



Province Laws {Resolves^ etc.). — 1761-02. [Chaps. 94, 95.] 



Mass. 
Arcliives, 
Ixxix., 670. 
House Jour- 
nal, pp. 84, 91. 
Province 
Laws, xvi., 247, 
Chap. 89. 



Province, and that Three pounds were stopped out of each of 
their Wages on account of their Guns, altho said Guns were re- 
turned And Praying an allowance. 

Eead and 

Ordered that the Sum of three pounds be paid out of the pub- 
lick Treasury to Caleb Gushing Esq"" for the Use of Eise Hacket 
in full for the Stoppage of his Gun 

Eead and 

Ordered that the sum of three pounds be paid out of the publick 
Treasury to Caleb Gushing Esq'' for the Use of James Herbert and 
the like sum for the Use of Israel Currier in full Satisfaction for 
the Stoppage within mentioned. [Passed July 7. 



CHAPTER 94. 



VOTE DIRECTING THE SELECTMEN OF ANDOVER TO TAKE CARE OF 

JOHN BEVERLY. 



Legislative 
Records of the 
Council, xxlv., 
S7. Mass. 
Arcliives, 
Ixxix., 7(;6. 

House Jour- 
nal, pp. 94, 95a. 



In the House of Eepresentatives 

Whereas it appears to this House that John Beverly of Andover, 
a minor, was a Soldier in the late Expedition to Canada in Captain 
AVilliam Barron's Company in the Year, 1760; and that upon his 
Eeturn Home was lost in the Woods, by which his Feet were so 
frozen, that he has lost both his Feet, and is intirely incapable at 
present of taking Care of himself; and his Master Isaac Blunt of 
Andover to whom said Beverly some Years ago was put an appren- 
tice by the Selectmen of Andover, refuses to take any Care of him ; 
and that Captain William Barrons has drawn the said Minor's 
Wages: Therefore, 

Voted, That the Selectmen of Andover be directed and emjDow- 
ered to take immediate Care of the said John Beverly a Cripple, 
and demand and receive his Wages of the said Captain Barrons; 
and take Care to provide some suitable Place for said Beverly, that 
he may be learnt the Taylor's Trade; at which Calling he may be 
serviceable: And the said Select men, if the Wages due are not 
sufficient to lit said Beverly as an apprentice, and to prevail with 
some suitable Person to take him and become oblig'd to learn him 
the Trade, they are to make Application to this Court for sucli 
further Sum as may appear needful for that Purpose: And that 
no Sum be settled on said Beverly as a Pensioner 'till he comes of 
Age. 

In Council. Eead and Concurred. [Passed July 9. 



CHAPTER 95. 



Legislative 
Records of tlie 
Council, xxlv., 
88. Mass. 
Archives, 
Ixxix., 78.3. 



ORDER ALLOWING 40/ TO JOEL CROSBY. 

A Petition of Joel Crosby Setting forth That he was a Sol- 
dier in the Pay of the Province in Col° Nichols's Eegiment in 1758; 
and was then taken captive whereby he lost his Gun. And Praying 
an Allowance. 



[1st Sess.] Province Laws {Resolves, etc.). — 1761-62. 43 

Read and Archives, 

Ordered that the Sum of forty Shillings be paid out of the pub- ixxix.,783. 
lick Treasury to Cap' Jonas Prescot for the Use of the Pef for the nai^p! es.^'"' 
Loss of His Gun in full. \^Passed July 9. 



CHAPTER 96. 

ORDER DIRECTING THE DISPOSITION OF CERTAIN FRENCH NEUTRALS. 

A Report of the Committee appointed to distribute the late Legislative 
French Inhabitants of Nova Scotia in the County of Worcester, c^uncn^, xiiv^ 

who were impowered in April last upon the Petition of the Select- ^^^ 

men of Mendon, at the charge of said Petitioners to apportion House Jour- 
theni anew if they saw cause. Prm^ince' 

(Signed) Tim" Paine ^ order ^ifap!'452*"''^°* 

Read and 

Ordered That Sarah and Eunice Judore belong to, and be ac- 
counted as part of Mendons proportion. And that Charles Belleive 
and Eunice Belleive belong to the Towns of Upton and Douglass, 
and to be supported by them in the following proportion viz* Upton 
two-thirds, and Douglass one third. [Passed July 9. 



CHAPTER 97. 

VOTE GRANTING ADDITIONAL ALLOWANCES TO RECRUITING OFFICERS 
AND TO MEN INLISTING AND EXTENDING THE TIME THEREFOR TO 
AUGUST 30 (1761). 

Voted That each Soldier that shall after this time voluntarily Legislative 
inlist into the service of this Province in the present Expedition councif xxiv^ 
under the Command of General Amherst, or other his Majesty's 90- 
Commander in Chief for the time being in North America to com- Legislative 
pleat the number of three thousand men, including Officers shall counclf.xxiv^, 
over and above what is already granted by way of encouragement ^j'^^^^^^ 
at the time of making ujd the Pay Roll be intitled to and receive pp. loo, ioi. 
six weeks pay prior to the date of their respective Inlistments, and cliap. i6. '' 
the Captains are directed to make them up accordingly. 

That there be allowed and paid to the several recruiting Officers 
over and above what has before been allowed for such service three 
shillings for each of said Men that shall hereafter inlist and pass 
Muster, and be paid in the same manner as the three shillings before 
granted. 

That the time for inlisting Soldiers for the service above, which 
now stands limited to the fifteenth day of July Instant, be pro- 
longed and continued 'till the last day of August next. [Passed 
July 10. 



44 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 98-100.] 



CHAPTER 98. 



Legislative 
Records of the 
Council, xxiv., 
90^ 

House Jour- 
nal, ijp. 106, 107. 
Province 
Laws, xvi., 730, 
chap. 374. 



RESOLVE DIRECTING THE COMMISSARY GENERAL TO FURTHER AD- 
VANCE £40, MAKING THE VALUE OF THE REGIMENTAL MEDICINE 
CHESTS, ETC., FOR EACH REGIMENT £100. 

Whereas on the 10*^ of April last a Vote passed directing the 
Commissary Geneneral ' to provide a Doctors Chest not exceeding 
Sixty pounds in value for each Eegiment of the Forces to be raised 
by this Government the present Year, which sum is insufficient for 
the jjurpose. 

Therefore 

Resolved That the Commissary General be directed to advance 
tlie further sum of forty pounds making in the whole One hundred 
pounds for each Regiment, for medicine Chests &c^ to be put up 
in such manner as the commanding Officer of each Regiment shall 
direct. [^Passed July 10. 



CHAPTER 99. 



VOTES ALLOWING SUNDRY AMOUNTS TO DIVERS CLERKS UPON THE 
VALUATION OF ESTATES IN THE PROVINCE. 



Legislative 
Records of the 
Council, xxiv., 
91. 

House Jour- 
nal, pp. 29, 106. 



Voted That the following sums be granted out of the Publick 
Treasury for the persons employed as Clerks to the Committee 
upon the Valuation viz* 



To Dudson Kilcup 
To Abraham Savage 
To John Furnace 
To Samuel Adams 
To Joseph Carnes 
To William Cooper 
To Arthur Savage 
To Saunderson West 
To John Edwards 



£10. 13. 

16. 2. 

6. 9. 
9. 17. 

3. 19. 
16. 7. 

1. 3. 

7. 18. 

4. 9. 



Voted also That forty shillings be allowed to Jeremy Powell Esq'' 
for his service in the keeping the Rolls. \^Passed July 10. 



CHAPTER 100. 



ORDER ALLOWING £2. 2 TO AARON NEWTON. 



Legislative 
Records of the 
Council, xxiv., 
91. Mass. 
ArcMves, 
Ixxix., 707. 

Mass. 
Archives, 
Ixxix., 706. 
House Jour- 
nal, p. 103. 



A Petition of Aaron Newton of Shrewsbury Setting forth That 
his servant William Barrack inlisted as a Soldier in the Pay of the 
Province in 1758, that the Petitioner furnished him with a Gun which 
was lost in the Action at Ticonderoga and praying an Allowance. 

Read and 

Ordered that tlie sum of two pounds two Shillings be paid out 
of the publick Treasury to Artemas Ward Esq"' for the Use of the 
Pet^ in full. ^Passed July 10. 

1 Sic. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1761-62. 45 



CHAPTER 101. 

ORDER ALLOWING £27. 2 TO JN" ROUNDY. 

A Petition of John Roundy of Beverly Setting forth That he Legislative 
received a Commission as Ensign in Col° Fry's late Regiment, and councif xxiv^ 
was afterwards ordered to Louisbourg where he did duty in Col° Bag- ^i. 
levs Regiment to 1 November when he was regularly discharged : but House jour- 

• • •nil wvt Q^ QQ 

that Cap* Hanners in whose Company he served did not make him ' '^'' ■ 
up in his Roll. And Praying an Allowance. 

Read and 

Ordered That the sum of twenty seven pounds two shillings be 
paid out of the Publick Treasury to the Petitioner in full consider- 
ation for his services within mentioned. \^Passed July 10. 



CHAPTER 102. 

ORDER ALLOWING £2 TO JACOB ALDRICH, JUN^ 

A Petition of Jacob Aldrich jun'of Mendon Setting forth That ^^^'^|?*^7 
in the year 1758. He inlisted as a Soldier in the Pay of the Prov- council, xxiv., 
ince, and carried his own Gun with him; but that being taken sick, Arciuves^" 
he was sent to the Hospital at Albany, where being in a debilitated ixxix., 459. 
state, he could not take care of his Gun, and so lost it. And prav- Mass. 

An J- " Archives, 

mg an Allowance. ixxix ds 

Read and ^Zv'i^^' 

Ordered that the Sum of Two pounds be paid out of the publick 

Treasury to M' Nathaniel Nelson for the Use of the Pef in full. 

[Passed July 10. 



CHAPTER 10 3. Sltt'o^the 

Council, xxiv., 
93, Mass. 
vote referring with stay of all proceedings the petition Archives, xlv., 
OF MOSES FARNUM AND SAMUEL ALDRICH QUAKERS, IN REGARD TO — 

ASSESSMENTS. Mass. 

Archives, xlv., 
'244,247. Legis- 

The Committee upon the Petition of Moses Farnum and Samuel of"he counclf, 
Aldrich [Province Laws, xvi,, 488, chap. 321] reported, that they xxiv., to, 92. 
were of opinion That the further consideration thereof be referred naUpp. S2^ no. 
to the next Sitting of this Court, and that all actions in the Law La*ws"xvi.,4S8 
relative thereto be stayed in the meantime: chap. 3-.>i; 762, ' 

(Signed) Isaac Royall <p order '^ ^^' 

Read & accepted. [Passed July 11. 



46 



Province Laws (Resolves, etc.). — 17()1-G2. [Chaps. 104-106.] 



CHAPTER 104. 



Legislative 
Records of the 
Counril, xxiv., 
93. Mass. 
Archives, 
xxxiii.,174. 

Legislative 
Records of the 
Council, xxiv., 
.oO. House 
Journal, p. 106. 
Province 
Laws, iv., 545, 
note. 



RESOLVE THAT THE STOCKBRIDGE TAX OF £93. 6. 4 BE ASSESSED EX- 
CLUSIVE OF THE INDIANS. 

Whereas the Sum of Ninety Three pounds Six Shillings and 
Four pence is by Law to be Assessed This Year upon the Town of 
Stockbridge The Inhabitants of Which are Chiefly Indians and in 
fixing Said Sum upon Said Town, the Indians there were not Con- 
sidered, Either for Their Polls or Estates as Chargable with any 
part of Said Tax. 

Resolved that the whole of said Sum be Assessed upon the In- 
habitants of Said Town Exclusive of Said Indians. [Passed July 11. 



CHAPTER 105. 

RESOLVE RELATIVE TO 1,500 ACRES OF PROV. LAND IN THE DISTRICT 
OF PRINCE TOWN, KNOWN AS THE POT ASH FARM. 



Legislative 
Records of the 
Council, xxiv., 
94. Mass. 
Archives, 
xlvi., 442. 

House .Jour- 
nal, p. 107. 
Province 
Laws, X., 24, 
chap. 47; xvi., 
428, chap. 16s ; 
709, chap. 326. 



The House took under Consideration the Circumstances of the 
fifteen hundred Acres of the province Land lying within the Dis- 
trict of princetown commonly called the potash Farm, And to Con- 
sider what is proper to be done relative thereto, find that in the 
Year 1720, some disputes arose respecting the line, and bounds of 
the Town of Lancaster which line was then settled where it joins 
on the aforesaid Tract, of province Land as well as all other Bounds 
of said Lancaster by a Committee appointed by the General Court 
for that purpose. That since Possession of said Land was taken by 
William Richardson Esq'' appointed by the General Court in behalf 
of said province, The proprietors of said Lancaster have laid out 
into Lotts about 250 Acres of the southerly part of said Tract of 
province Land, and have cut and destroyed the Timber thereon; 
also the Timber on other parts of said Land whereby considerable 
part of said fifteen hundred acres of Land is likely to be lost unless 
speedily prevented 

Therefore 

Resolved that Cap' Ezra Taylor be and he hereby is Impowered 
to Inquire into the Facts set forth as above and prosecute in the 
Law all such persons as have or shall hereafter Committ any Tres- 
pass on said Land, [Passed July 11. 



CHAPTER 106. 



Legislative VOTE DIRECTING THE SECRETARY TO FURNISH THE AGENT WITH 
Councifxxlv ^HE "ACTS OF THE GENERAL COURT" AND WITH THE VOTES AND 

94. ' " '' ORDERS OF THE HOUSE OF REPRESENTATIVES. 

House .Tour- 
Province*' Voted That the Secretary be directed to take effectual care that 
Laws, xvi., .577, tlie Agent of this Province be furnished from time to time with 
c ap. 2b. ^i^g Acts of the General Court, and also with the Votes and Orders 
of the House of Representatives. [Passed July 11. 



[1st Sess.] Province Laws (Besolves, etc.). — 1761-62. 47 



CHAPTER 107. 

ORDER DIRECTING AGENT WILLIAM BOLLAN TO PAY OUT OF THE PAR- Legislative 
LIMENTARY GRANT OF 1759, &c., THE £60,000 BILLS OF EXCHANGE ^^,';°^*?f *'* J^*'*^ 
DRAWN ON HIM. 9r Mass ' 

Archives, civ., 

Where as this Court have passd an Act for drawing Bills of — 

Exchange upon M"" Agent Bollan for £60,000 Sterling. miTp'^wT' 

Ordered that the Sec'^^ write to him to apply the Grant of 1759 £aw8'^T 4.58 
to the payment of such Bills if He shall not before have Ship'd it chai). 3; 542, ' 
in Silver or Gold And if He shall have Ship'd it then to apply the ^°^^' 
province's proportion of the 200,000 granted for 1760 to the pay- 
ment of such Bills. [Passed July 11. 



CHAPTER 108. 

VOTE DIRECTING THAT THE FIELD AND COMMISSIONED OFFICERS 
INLISTING TO SERVE UNDER GENERAL AMHERST RECEIVE THREE 
MONTHS' PAY. 



Voted That the Field and other Commission Officers employed ^fordfof the 
the service of this Province that are proceeding forward to join Council, xxiv., 
the Army under the Command of General Amherst or the Com- 



mander in Chief of his Majesty's Forces in North America be and ^a^^p^ i%\^" 
hereby are impowered to receive from the Treasurer of the Prov- Province, _^^ 
ince three months pay as they are established by an Act of this chap. '356. ''" ' 
Government. [Passed July 11, 



CHAPTER 109. 

VOTE ESTABLISHING THE WAGES OF A SCOUTING PARTY FOR THE 
SURVEY FROM KENNEBECK TO THE RIVER ST. LAWRENCE. 

Voted that a Survey of y® Country from Kennebeck to y^ River Legislative 
of S* Lawrence is Necessary & Practicable. & that to answer c^uncif xxl'v.^ 

y* purposes thereof One scouting party Consisting of one Captain 96. Mass. 
Two Surveyors & Nine privates be Establishd in y® pay of this Gov- m^. ' ' 
ernment in y*^ following manner House Jour- 

One Captain at Eleven pounds f> Month °^^' p- i^^- 

the first Surveyor Eight pounds 

The Second Surveyor, Six pounds the Privates at three pounds 
twelve shill each the service to commence y® first of August & to 
end y® middle of October next and that if s*^ Privates should be 
taken out of any of y® forts where they are in y'' pay of this Gov- 
ernment that Pay shall be considered as a part of y® above Estab- 
lishment. [Passed July 11. 



48 



Province Laws (i?e6'o^ves, e^c). — 1761-62. [Chaps. llU-112.] 



CHAPTEE 110. 



VOTE ESTABLISHING THE WAGES OF CHAPLAINS FOR THE PROPOSED 

EXPEDITION. 

Legislative Voted that an Establishment be made for Chaplains in the ensn- 

Record8 of the . ^ . tt- ^ 

Council, xxiv., mff Campaign Viz 

'.IT. Mass. * ^ ^ 

Archives, xiv., 

25'2. For one Chaplain for each of the three Regiments if a Settled Minister 

and Leaves His Congregation £10 ^ month 

For a Minister not Settled £8 D« 



House Jour- 
nal, pp.110, 111 



[Passed July 11. 



CHAPTER 111. 



Legislative ORDER REFERRING ALL UNFINISHED MATTERS. 

Records of the 
Council, xxiv., 

'*2i Ordered That all matters which have day at this Session, and 

House Jour- not acted upon shall have the same day at the next Session of this 
ua , p. . (jourt. [Passed July 11. 



CHAPTER 112. 



VOTE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxiv., 
97. 

Mass. 
Archives, 
Ixxix., 486,740. 
House Jour- 
nal, p. 99. 



In the House of Representatives; 

The House considered the Petitions of Sick and wounded Soldiers 
and 

Voted That the sum of Six pounds two shillings and five pence 
be paid out of the publick Treasury to James Otis Esq'' for the use 
of Kenelm Winslow in full. To Timothy Ruggles Esq'' Six pounds 
eight shillings for the use of Xathanael Sprout in full. To Jacob 
Eowle Esq"" Six pounds for the use of Andrew Tucker in full. To 
Cap^ Peter Coolidge sixteen shillings and eight pence for the use of 
Joseph Boyden in full. To Timothy Ruggles Esq"" Eight pounds for 
the use of Richard Church in full. 

In Council Read and Concurred. [Passed July 11. 



[2d Sess.] Province Laws {Resolves ^ etc.). — 1761-62. 49 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twelfth Day of November, A.D. 1761. 



CHAPTER 113. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF YORK 

COUNTY. 

An Account of Jeremiah Moultou Esq"" Treasurer of the County Legislative 
of York having been presented to the Court for Allowance councn^xxiv^. 

Read and io5- 

07-deredT\\Q>t the within Account be allowed and that the within House Jour- 
named Treasurer be accountable to the said County for the ballance i^'''' pi'- i"^- ^16. 
being Thirty four pounds five shillings and seven pence. [Passed 
November IS. 



CHAPTER 114. 

VOTE APPOINTING A COMMITTEE ON REPAIRS TO CASTLE WILLIAM 
AND THE LIGHTHOUSE. 

The TWO Houses having proceeded according to Agreement the Legislative 
13^*" Instant to the choice of a Committee to take care of the Repairs councif xxiv^ 
of Castle William and the Light House, and the Votes brought in io7. 
sorted and counted, it appeared That William Brattle, Thomas Hub- Legislative 
bard, Royall Tyler, John Phillips and James Otis Esq" were chosen councif, x*xiv^, 
by a major part of the Votes, which choice being laid before his Y\rmi\^^^ 
Excellency the Governor, he was this day pleased to sign his con- pp. 115, in. 
sent thereto. [Passed November 13.^ 



CHAPTER 115. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINA WARE FOR THE COUNTY OF LINCOLN AND 
ALLOWING £1. 10 FOR THE EXPENSE THEREOF. 

An Account of Samuel Denny Esq"" of his having farmed the Legislative 
Duties of Excise on Tea Coffee and China ware in the County of councif xxivf, 
Lincoln to Benjamin Frizzel for Thirty pounds twelve shillings io6- 
with the charge attending the same annexed, amounting to One House Jour- 
pound ten shillings Province^' 

Read and Laws, xvi., 689, 

chap. 273. 

* This date is according to the House Journal ; the entry is made in Legislative Records 
of the Council under the date of November 16, the day on which the governor signed his 
consent. 



50 



Province Laws (i^e^oZve^s, e^c). — 1761-62. [Chaps. 116-118.] 



Ordered That this Keport be accepted and that the Sum of one 
pound ten shillings be allowed and paid to Thomas Hubbard Esq' 
out of the Publick Treasury to respond the charge within men- 
tioned. {^Passed November 14. 



CHAPTEK 116. 

VOTES ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Legislative The FOLLOWING VOTES passed upon the Petitions of Sick and 

Records of the nnniT -t 

Council, xxiv., wounded Soldiers viz^ 

^— That there be paid out of the Public Treasury to M'' Natlianiel 

nai^rKUS^ Popes the Sum of Five pounds for the use of Edward Eose iu full. 
To Captain Noah Kidder Five pounds sixteen shillings for the 
use of Daniel Macey in full. 

To M'' Thomas Porter Six pounds thirteen shillings and four 
pence for the use of William Marble in full. 

To the Selectmen of Bellingham Six pounds eighteen shillings 
for the use of James Pompmellet in full. 

To M"" Joshua Hearsey Two pounds six shillings and eight pence 
for the use of Levi Lincoln in full. 

To Oliver Fletcher Esq'' One pound eighteen shillings for the use 
of Samuel Perham in full. 

To M"" Joshua Hersey sixteen shillings and eight pence for the 
use of Joseph Beal in full. ^Passed Novemher 17. 



CHAPTER 117. 



Legislative 
Records of the 
Council, xxlv., 
109. Mass. 
Archives, 
Ixxx., 21. 

Mass. 
Archives, 
Ixxx., 20. 
House Jour- 
nal, 1). 121. 



ORDER ALLOWING 40/ TO EDW" TWISS. 

A Petition of Edward Twiss of Woburn Praying an allowance 
for a Gun his Son Twiss a Soldier in the Pay of the Province lost 
as he was going to Mount Eeal in the year 1760. 

Read and 

Ordered that the sum of forty Shillings be paid out of the pub- 
lick Treasury to M"" James Fowle for the Use of the Pef in full for 
the Loss of his Gun mentioned. \^Passed November 17. 



CHAPTER 118. 



ORDER ALLOWING £3 TO DAN'- KITTERIDGE. 



Legislative 
Records of the 
Council, xxlv., 
109. Mass. 
Archives, 
Ixxix., 773. 

Mass. 
Archives, 
Ixxlx., 772. 
House Jour- 
nal, p. 122. 
Province 



A Petition of Daniel Kitteridge of Tewksbury Setting forth 
That in the year 1758 his Son Timothy Kitteridge went into the 
Service as a private Soldier in the pay of the Province ; that falling 
sick he was carried to the Hospital at Albany, at which time his 
Gun was returned into the Public Store, notwithstanding which 
there was a stoppage made from his said Sons Wages on account of 
the said Gun. 

And Praying an Allowance. 



[2d Sess.] Province Ijaws (BesoJce!^, etc.). — 17G1-62. 51 

Bead and ch'ap!^^'' '*'' 

Ordered that the sum of three pounds be paid out of the pub- 
lick Treasury to M'' James Fowle for the Use of the Pef in full. 
[Passed November 17. 



CHAPTER 119. 

ORDER ALLOWING £3 TO ELISHA GROSSMAN. 

A Petition of Elisha Crosman of Middleborough Setting forth R^fords^of the 
That He was a Soldier in the Pay of the Province in 1760, and was Council, xxiv., 
detained to take care of the Sick till the 20"" December, and that Archiv^es?' 
uj)on his return across Lake Champlain the Ice brake and he lost ixxix., 563. 
his Pack and Gun, And Praying an allowance. Mass. 

, - ./ o Archives, 

Kead and ixxix., 562. 

Ordered that the Sum of three pounds be paid out of the pub- ^aTp^i°2^' 
lick Treasury to Ephraim Keith for the Use of the Petitioner in i'^'^T^^^^.j .,.- 
full consideration for his Losses mentioned. [Passed November 17. chap.'sa. 



CHAPTER 120. 

ORDER ALLOWING £1. 6. 8 TO JOSIAH WHITE. 

A Petition of Josiah White of Uxbridge Setting forth That Legislative 
in the year 1758, being a Soldier in the Pay of the Province he councif.xxiv^, 
carried his own Gun, which in the Action at Ticonderoga was in- ^^chi^ves^' 
tirely ruined by a Shot from the Enemy. And Praying an Allowance, ixxx., 12.' 

Read and Mass. 

Ordered that the sum of One pound Six Shillings and eight pence bfxx.^u.' 
be paid out of the publick Treasury to M' Solomon Wood for the ^f,"^® ^fj^"'^' 
Use of the Pef in full for the Loss of the Gun within mentioned, °' '^'' 
[Passed November 17. 



CHAPTER 121. 

VOTE IMPOWERING ABIGAIL FIELD, ADM^, TO SELL TWO THIRDS OF 

AN ESTATE. 

A Petition of Abigail Field, Administratrix of the Estate of R®s^r|"Jf^ti,e 
her late Husband Robert Field of Western in the County of Worces- council, xxiv., 

ter deceas'd. Setting forth. That the deceaseds Real Estate consist- IH: . 

ing of thirty five Acres of Land was apprized at £134.12.4 that ^aTp!i2T^' 
after her third is set ofi", the remainder will not be sufficient to Province 
pay his debts, which she was not sensible of when the Superior chi^.'io.'' '' ' 
Court sat last at Worcester and as it will not sit again till Septem- 
ber next. Praying that She may be enabled to make sale of the other 
two thirds of the deceaseds Real Estate for the benefit of the Cred- 
itors. 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the said Abigail Field in her capacity be and she hereby is impow- 



52 



Province ljAW!i(Ilesolves,etc.). — 1761-G2. [Chaps. 122, 123.] 



ered to make sale of two thirds of the said deceaseds Real Estate in 
said Petition mentioned for the payment of said deceaseds [Debts] ' 
so far as the same will extend, and to pass and execute a good deed 
or deeds in the Law for conveying the same She observing the direc- 
tion of the Law relating to the sale of Real Estates by Executors 
and Administrators, and giving sufficient caution to the Judge of 
Probate for said County of Worcester to account for the moneys 
arising by said Sale according to Law, [Passed November 17. 



CHAPTEE 122 



ORDER SETTING OFF THE ESTATE OF ISAAC MAGOON, DECEASED, FROM 
PALMER TO WARE RIVER PARISH. 



Legislative 
Records of tlie 
Council, xxiv., 
10, n2. 

House Jour- 
nal, pp. 13, 124. 



A Petition of Isaac Magoon and Alexander Magoon Sons and 
heirs to the whole of the Estate of Isaac Magoon, late of AVare River 
Parish in the County of Hampshire deceased Setting forth That 
they own about four hundred Acres of Land in the Xortherly part 
of Palmer, which lyes five miles distant from Palmer meeting house 
thro a bad road, and but two miles distant from Ware river Meet- 
ing house, and the Road naturally good. And Praying that they 
may be annexed to said Ware River Parish. 

Read and it appearing that the Petitioners had pursued the order 
of Cour-t with regard to a notification. 

Ordered that the Estate mentioned in said Petition be, and it 
hereby is annexed to the Parish of Ware River, and the Inhabitants 
or Possessors of the said Estate to do duty and receive priviledge 
therein. [Passed Xovember 18. 



CHAPTEE 123. 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK 

COUNTY. 



Legislative 
Records of the 
Council, xxiv., 
114. 

House Jour- 
nal, pp. 10, 116. 



Ax Account of Joshua Henshaw Esq"" Treasurer of the County 
of Suffolk dated July 27. 1761 having been laid before the Court 
for allowance. 

Read and 

Ordered That the within Account be allowed and that the bal- 
lance being Forty five pounds twelve shillings and four pence three 
farthings the within named Treasurer be further accountable to the 
said County for. And that he also further account for the sum of 
Two hundred and one pounds two shillings and four pence three 
farthings outstanding debts due to said County when he shall re- 
ceive the same. [Passed November 18. 

1 Inserted from the House Journal, p. 122. 



[2d Sess.] Province Laws (liesofves, efc). — 1761-62. 53 



CHAPTER 124. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE, &c., FOR THE COUNTY OF BRISTOL, AND ALLOWING 
£1. 4. 6 FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the Excise on Coffee Tea Legislative 
&C'' in the County of Bristol made report that they had sold the councif, xilv^, 
same to James Cobb, (being the highest bidder) for Nine Pounds, "rchwis^^cxx ' 
and delivered his Bond for payment to the Province Treasurer 395. 

(Signed) George Leonard ^ order. House Jour- 

xl6«lCl cinQ Province 

0/Y?erefZ that this report be accepted and that the Sum of One Laws, xyi., eoo, 
pound four Shillings and Six pence be paid out of the publick Treas- ° *^' "'"' 
ury to the Comm*^*^ accordingly. [Passed November 19.^ 



CHAPTER 125. 

ORDER IN REGARD TO UNSOLD TICKETS IN SUDBURY LOTTERY. 

Order'd that if any of the Ticketts in a Lottery for the repair- Legislative 
ing of the Causeway on the Westerly side of Sudbury River & for counc*if, xxiv! 
Buildincr a Bridge over said River should remain unsold at the 115. Mass. 

00 ,— _ , A.rcuiveB 

Time that may be sett by the Managers of said Lottery for drawing ixxxviii.! 119. 
the Same, Samuel Parris the Treasurer of the Town of Sudbury shall House Jour- 
take such Ticketts, the Profitts of which shall be applied towards pr^jj^^^nJ-e*- 
repairing the Cause way & y*^ Building the Bridge aforesaid & from Laws, iv., 4-20, 
time to time keeping the same in repair & if there be any Loss it note." '' ''' 
shall be made good out of the Clear Profitts arising by said Lottery 
and the Ticketts so remaining shall by the Managers be deliver'd 
into the hands of said Treasurer sometime before they begin to 
Draw, provided always that the Number of Ticketts so left shall 
not exceed in Value more than one half of the neat proceeds of 
said Lottery. \_Passed Novemher 19. 



CHAPTER 126. 

VOTE DIRECTING THE PROVINCE TREASURER TO DELIVER A BOND 

TO ABNER LEE. 

A Petition of Abner Lee of Amherst. Setting forth. That in Legislative 
November 1758. -John Worthington Esq' of Springfield purchased councif xiiv^, 
of the Committee of the General Court a Right of Land in Poquoige ne. 
originally proposed for James Fay, (the House Lot of which N° 8. House .lour- 
was claimed by the Petitioner) upon which Purchase the said John "'^ > p- " • 
gave his Bond to the Province Treasurer in the penalty of £200 con- 
ditioned for performing a Settlement, or for paying £100 to the 
use of the Province. That on the 6"" September 1760 the Petitioner 
purchased the said Right of the said John for which Land he is 

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



54 



PnoviNCB Ijaws (Besolves, etc.) . — 1761-62. [Chaps. 127-129.] 



Legislative 
Kecords of the 
Council, xxiv., 
117. Mass. 
Archives, 
Ixvi., 15'.). 

Mass. 
Archives, 
Ixvi., 1.58. 
House Jour- 
nal, p. 123. 



to have a deed upon his procuring the said M'' Worthingtons bond 
to be cancelled, That he hath procured one David Goddard to exe- 
cute a Bond of the like tenor. And Praying that it may be accepted 
instead of the said Worthington's Bond, & that the same may be 
thereupon cancelled. 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the Province Treasurer be and he hereby is directed to deliver to 
the Petitioner the Bond within mentioned given by John Worth- 
ington Esq"^ upon the Petitioners delivering to him the Bond within 
mentioned given by David Goddard. [Passed November 19. 



CHAPTEK 127. 

ORDER ALLOWING £8 TO JOHN DUPORT. 

A Petition of John Duport Setting forth That He was taken 
in the Province Snow Prince of Wales and carried to France where 
during along captivity he suffered great hardships, And Praying 
an Allowance. 

Read and 

Ordei'ed that the Sum of Eight pounds be paid out of the Treas- 
ury to Thomas Dalrymple for the IJse of the Pef in full. [Passed 
No vernier 19. 



CHAPTER 128. 



ORDER ALLOWING £4 TO THO« AWANSAMUG, INDIAN. 



Legislative 
Records of the 
Council, xxiv., 
117. Mass. 
Archives, 
xxxiii., 171. 

Mass. 
Archives, 
xxxiii., 170. 
House .Jour- 



A Petition of Thomas Awonsamug of Natick Indian Setting 
forth. That having been engaged in the Province Service as a Sol- 
dier for more than thirty Years past, he hath endured such great 
hardships as have brought upon him the Gout, and more lately the 
Palsy and two apoplectic Fits : and having no means of Sup^aort, 
and the English of said Plantation not thinking themselves obliged 
nai,pp.ii7yi26. ^o provido for the support of the Indians, he is in great distress 
And Praying Relief. 

Read and 

Ordered that the Sum of four pounds be paid out of the publick 
Treasury to Col° Moses Marcey for the Use of the Pef The said 
Marcey to be accountable for the same. [Passed November 19. 



CHAPTER 129. 



ORDER ALLOWING £3 TO SETH STAPLE. 



Legislative 
Be<H)rds of the 



A Petition of Seth Staple of Taunton Setting forth That his 

Council, xxiv." Servant Daniel Shaw Inlisted in his Majesty's Service in the Pay 
of this Province in 1750. and was at Louisbourg part of the time 
under Cap' Glover and part under the command" of Cap* Blake, to 



Archives, 
lxxx.,24. 



[2d Sess.] Province Laws {Resolves, etc.). — 1761-62. 55 

whom he delivered up his Gun; but that in Cap*^ Glovers Muster Mass. 
Eoll, a deduction is made from liis Wages of Three pounds on 4x^x.7^.' 
account of said Gun. And Praying Relief. House Jour- 

Read and Province " 

Ordered that the Sum of three pounds be paid out of the pub- ^hap!'89.^''^'' 
lick Treasury to James Williams Esq' for the Use of the Pef in 
full, \^Passed November 19. 



CHAPTER 130. 

ORDER ALLOWING £3 TO ELIS: WILKINSON. 



A Petition of Elisabeth Wilkinson of Attleborough Setting Legislative 
forth, That in the Year 1758. her son Noah Wilkinson went into couucn.xiiv^. 
his Majesty's Service in the Pay of the Province in Cap* Eddys ^^•. ^^'^s®- 
Company of Col" Doty's Regiment, and it is supposed, died on his ixxix., 791. 
return home, and his Gun not being returned a deduction was made Mass. 
of Three pounds from his Wages. That she hath since caused said i^^^^^t^ 
Gun to be returned. And Praying an allowance therefor. House . Jour- 

T3 -i , -[ JO nal,pp.l25,126. 

-tteaCi anCl Province 

Ordered that the Sum of three pounds be paid out of the pub- ciiar'ss^' ' ^^"' 
lick Treasury to M'' Stephen Fuller for the Use of the Pef in full. 
[Passed November 19. 



CHAPTER 131. 

ORDER ACCEPTING REPORT OF COMMITTEE ON PROCEEDINGS AT 
TOWN MEETINGS IN FIRST PRECINCT IN REHOBOTH, AND RATIFY- 
ING AND CONFIRMING THE SAME. 

A Petition of Timothy Walker and Others Assessors of the Legislative 
First Precinct in Rehoboth Setting forth That they have been ^^^^^.'?f °*J^^^ 
in the practice of calling their Precinct Meetings by posting up us, 119.' 
notifications at the Meeting House instead of directing a Warrant House Jour, 
to the Constable for that purpose; and that at their meetings thus provm'ce^^' ^^^' 
warned, they have transacted matters of great importance, such as note'®' *^"' ^^''' 
settling a Minister and providing for his support, and ordering the 
Sale of some Parsonage Lands, and also remitting the Taxes of 
some of the late Inhabitants of Barrington, now set off to said 
first Precinct of Rehoboth, that so the Minister of Barrington may 
still receive the benefit of the said Inhabitants Taxes. And as some 
of their doings have lately been called in Question by reason of 
their meetings being warned as aforesaid Praying that the same 
may be confirmed. 

The Committee appointed the 18"' Instant on the Petition of 
Timothy Walker and Others Assessors of the first Precinct of 
Rehoboth reported according to order. 

Read and Accepted, And thereupon 

Ordered That the several Votes Acts and Doings of the first 
Parish in Rehoboth since they have been made one be and hereby 
are ratified and confirmed to all intents and purposes whatsoever 
as fully and amply as if the several meetings called by the Parish 
Committee had been strictly conformable to Law And that the 



56 



Provixce hA^y >i{J{ewlves, etc. ). — lHn-62. [Chaps. 132, 133.] 



Assessors of said first Parish in Rehoboth be and hereby are im- 
powered to Assess the Inhabitants thereof from time to time annu- 
ally so much more than the Ministers Salary in Eehoboth is or may 
be as it shall fall short by reason of the money arising upon the 
Taxes laid upon the Inhabitants and the Lands in that part of Reho- 
both Avhich was formerly Barrington, but by the running of the 
Province and Colony line fell to this Government shall amount 
to, and is paid to the Rev*^ M"" Townsend of Barrington or that 
hereafter may be paid to his Successors in the Ministry there, and 
the Collectors of said first Parish in Rehoboth are hereby impow- 
ered and directed from time to time to collect and pay in the same 
And that every Assessment heretofore made by said Parish for the 
purpose aforesaid is hereby ratified and confirmed. [Passed Novem- 
ber 20. 



CHAPTER 132. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF BARNSTABLE 
AND ALLOWING £1. 4 FOR THE EXPENSE THEREOF. 



Legislative 
Records of the 
Council, xxiv., 
12L 

House .Jour- 
nal, p. 134. 
Province 
Laws, xvi., 688, 
chap. 271. 



The COMMITTEE appointed to farm out the Excise on Tea, Coffee 
and China Ware in the County of Barnstable made report that they 
had sold the same to Isaac Hinckley Esq' for £33.9.4 and had taken 
Bond for the same, which they had delivered to the Province Treas- 
urer. And Praying allowance of their charge and expences amount- 
ing to One pound four shillings. 

Read and 

Ordered that this Report be accepted, and that the sum of One 
pound four shillings be paid out of the Public Treasury to the Com- 
mittee for their Expences in the Affair. [Passed November 20. 



CHAPTER 183 



ORDER IMPOWERING NANNY CROSS, ADM^, TO SELL HALF OF AN 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



12 

House Jour- 
nal, p. 132. 
Province 
Laws, ii., 151, 
chap. 10. 



Record^oUhe ^ PETITION of Nanny Cross Widow and Administratrix of the 
Council, xxiv.. Estate of her late Husband Moses Cross of Newbury deceased Set- 
ting forth That her said late Husband had purchased a Lot of 
Land in Newbury containing twelve Rods, whereon he had erected 
a Dwelling House, and partly finished the same when he inlisted 
as a Carpenter and proceeded to Oswego, where he was captivated, 
and afterwards died in captivity. That she is put to the greatest 
difficulty to support herself and Children and is utterly unable to 
finish or repair the said House. Praying that she maybe impowered 
to sell one half thereof, the money arising by said s^e to be laid out 
in repairing the other half of the House, and for the benefit of the 
deceaseds Heirs, 
Read and 

Ordered That the Prayer of the Petition be granted, and the Peti- 
tioner in her capacity of Administratrix be impowered to make Sale 
of Half the House and Land in said Petition mentioned for the 



[2d Sess.] Province Laws {Resolves ^ etc.). — 17(51-62. 57 

most the same will fetch; and to make and execute a good deed or 
deeds of the same; She observing the directions of the Law relat- 
ing to the Sale of Estates by Executors and Administrators, and 
giving sufficient caution to the Judge of Probate for the County of 
Essex that the produce arising by said Sale shall be laid out in the 
best manner for the repairs of the other end of said House and for 
the benefit of said deceaseds Heirs. \^Passed November 21. 



CHAPTER 134. 

VOTE IMPOWERING THO* HALE, ADM^ TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Thomas Hale of Brookfield Administrator of the Legislative 
Estate of Benjamin Batchelder late of Brookfield deceas'd, Setting Records of the 

mi 11 n n T-l T i CollUCll, XXIV., 

forth J. hat the deceaseds personal Estate amounted to but £(51.15.6 1^3^ 

which is not sufficient to pay more than one half the debts, and the House Jour- 
allowance made to the Widow : that the Real Estate after the Widows provin'ce^'^' ^^'^' 
Dower is set off will be incapable of any Subdivision without spoil- Laws, ii., isi, 
ing the whole. And Praying that he may be enabled to sell the same. ^ ^^' 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the said Thomas Hale in his capacity be and he hereby is impow- 
ered to make sale of the Real Estate within mentioned for the most 
the same will fetch and to make and execute a good and sufficient 
deed or deeds of conveyance thereof, he observing the directions 
of the Law relating to tlie Sale of Real Estates by Executors and 
Administrators and giving sufficient caution to the Judge of Pro- 
bate for the County of Worcester for applying the proceeds thereof 
in the following manner namely. The Widow of the said deceased 
to have the Income of one third thereof during her Life in lieu of 
her Dower: that after the debts &c"' are paid out of the other two 
thirds, the Overplus if any, be divided among the Heirs, and also 
at the death of the Widow of said deceased the said Third be also 
divided among the heirs that may then be. [Passed November 21. 



CHAPTER 135. 

VOTE IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF 
YORK TO DIRECT THE COMxMISSIONERS OF INSOLVENCY TO RECEIVE 
AND EXAMINE CLAIMS AGAINST AN ESTATE. 

A Petition of Chipman Cobb and Thomas Pinnell of Falmouth Ji^gisiative 
in the County of Cumberland Setting forth That in the year 1739 council, xxiv., 

they purchased of Thomas Westbrook Esq' late of said Falmouth ^— 

deceased Insolvent ninety four Acres of land with Warranty, which na*i"pp!'i2M32. 
Lands were at the time of the purchase as has since appeared under 
Attachment to satisfy a debt due from the said Westbrook to the 
late Brig''' Waldo. That the Commissioners on the Claims to said 
Westbrooks Estate had during the time of Brigadier AValdo's Law- 
suit for the said Land made report to the Court of Probate for the 
County of York but that no order for distribution had yet issued. 



58 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 136-138.] 



And Praying That the Judge of Probate for the County of York 
may be impowered to recommit the said Report to the Commis- 
sioners, and that the Commissioners be impowered to examine and 
report on the Claims of the Petitioners. 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the Judge of Probate for the County of York be and hereby is im- 
powered to direct and order the Commissioners on the Claims of the 
Estate of Thomas Westbrook Esq'' late of Falmouth deceased rep- 
resented Insolvent, to receive and examine the Claims, of the Peti- 
tioners, on the Estate of said Westbrook and make report, and that 
no distribution of the said Estate be had among the several Cred- 
itors of said Estate before said Report be made provided it be done 
before the first day of January next, and provided that there be 
none now already made. \^Passed November 21. 



CHAPTER 136. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON 
COFFEE AND CHINAWARE IN SUFFOLK COUNTY. 



TEA, 



Legislative 
Records of the 
Council, xxiv., 
124. 

House Jour- 
nal, p. 130. 



In the House of Representatives. 

Voted That Royall Tyler and John Phillips Esq" with such as 
the honourable Board shall join be a Committee to Farm out the 
Duties of Excise on Tea Coffee and China Ware for the County of 
Suffolk the current year 

In Council Read and Concurred and Samuel Watts Esq'' is joined 
in the affair. [^Passed November 21. 



CHAPTER 137. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON 
COFFEE AND CHINAWARE IN ESSEX COUNTY. 



TEA, 



Legislative 
Records of the 
Council, xxiv., 
124, 

House Jour- 
nal, p. 130. 



In the House of Representatives 

Voted That Nathanael Ropes Esq"" and M'' Henry Herrick with 
such as the hon'''*' Board shall join be a Committee to farm out the 
Duties of Excise on Tea Coffee and China ware in the County of 
Essex the current year. 

In Council Read and Concurred and Benjamin Lynde Esq'' is 
joined in the Affair. \^Passed November 21. 



CHAPTER 138. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN MIDDLESEX COUNTY. 



Legislative 
Records of the 
Council, xxiv., 

125. 



In the House of Representatives 
Voted That Ezekiel Cheever and Andrew Boardman Esq'' with 
such as the honourable Board shall join be a Committee to farm 



[2d Sess.] Province Laws {Resolves^ etc.). — 1761-(52. 59 

out the duties of Excise on Tea Coffee and China Ware for the House Jour. 
County of Middlesex the current Year. na , p. 

In Council Eead and Concurred and William Brattle Esq"" is 
joined in the Affair. \^Passed November 21. 



CHAPTER 139. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN HAMPSHIRE COUNTY. 

In the House of Representatives Legislative 

Voted, That Josiah Dwight and Oliver Partridge Esq" with such council^, xxiv!', 

as the honorable Board shall join, be a Committee to farm out the Arcm^es^^cxx. 

Duties of Excise on Tea, Coffee and China Ware, in the County 43o. 

of Hampshire, the current Year. House Jour- 

In Council Read and Concurred and Israel Williams Esq' is joined ^^^' ^' ^^' 

in the Affair. \_Passed November 21. 



CHAPTER 140. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN PLYMOUTH COUNTY. 

In the House of Representatives Legislative 

Voted That Thomas Clapp and Thomas Foster Esq" with such council^ xxiv!*, 
as the honourable Board shall join be a Committee to farm out the ^i^ 



Duties of Excise on Tea Coffee and China Ware in the County of "^^i"? isT'^' 
Plymouth the current Year. 

In Council Read and concurred and Gamaliel Bradford Esq"" is 
joined in the Affair. \^Passed November 21. 



CHAPTER 141. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN BARNSTABLE COUNTY. 

In y^ House of Representatives Legislative 

Voted that James Otis Esq"" & M"" Chillingsworth Foster Jun'' w"' councif.xxiv.*! 
such as the Hon''''' Board shall join be a Com® to farm out the Duties Archi^es^^cxx. 
of Excise, on Tea Coffee, & China Ware, in y*^ County of Barnstable, 4i3^ 



the Current Year House Jour- 

In Council, Read & Concurred & Sylvanus Bourn Esq"" is joined °^*'P-^^^- 
in y'^ Affair. \^Passed November 21. 



60 



Province Laws (^Resolves, etc.). — 1761-62. [Chaps. 142-145.] 



CHAPTER 142. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN WORCESTER COUNTY. 



Legislative 
Records of the 
Council, xxiv., 
1-25. 

House Jour- 
nal, p. 130. 



In the House of Representatives; 

Voted That Timothy Paine and Ezra Taylor Esq" with Such as 
the honourable Board shall join be a Committee to farm out the 
Duties of Excise on Tea, Coffee and China Ware in the County of 
Worcester the current year. 

In Council Read and Concurred and John Chandler Esq"" is joined 
in the Affair. [^Passecl November 21. 



CHAPTER 143. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN BRISTOL COUNTY. 



Legislative 
Records of the 
Council, xxiv., 

1-2:.. 

House Jour- 
nal, p. 131. 



In the House of Representatives 

Voted That James Williams and Thomas Morey Esq''' with such 
as the honourable Board shall join be a Committee to farm out the 
Duties of Excise on Tea Coffee and China Ware in the County of 
Bristol the current year. 

In Council Read and Concurred and George Leonard Esq' is 
joined in the Affair. \^Passed November 21. 



CHAPTER 144. 

VOTE APPOINTING A COMMITTEE TO FARM EXCISE ON TEA, COFFEE 
AND CHINAWARE IN YORK COUNTY. 



Legislative 
Records of the 
Council, xxiv., 
1-26. 

House Jour- 
nal, p. 131. 



In the House of Representatives 

Voted That John Bradbury and Benjamin Chadburne Esq" with 
such as the honourable Board shall join be a Committee to farm 
out the duties of Excise on Tea Coffee and China Ware in the 
County of York the current year. 

In Council Read and Concurred and Richard Cutt Esq'' is joined 
in the Affair. \^Passed November 21, 



CHAPTER 145. 

VOTE APPOINTING A COMMITTEE TO FARM EXCISE ON TEA, COFFEE 
AND CHINAWARE IN THE COUNTY OF DUKES COUNTY. 



Legislative 
Records of the 
Council, xxiv., 
l-2«. 

House Jour- 
nal, p. 131. 



In the House of Representatives 

Voted That Mathew Mayhew Esq' and M' Jonathan Allen with 
such as the honourable Board shall join be a Committee to farm 
out the Duties of Excise on Tea Coffee and China Ware in the 
County of Dukes County the current Year. 

In Council Read and Concurred and James Athearn Esq' is joined 
in tlie Affair. \^Passed November 21. 



[2d Sess.] Province Laws {Resolves, etc.). — 1761-62. 61 



CHAPTER 146. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN NANTUCKET COUNTY. 

In the House of Representatives Legislative 

Voted That Abishai Folger Esq"" and Cap* Obed Hussey with such councif, xxiv.^, 



as the honourable Board shall join be a Committee to farm out the \. 



26. 



duties of Excise on Tea Coffee and China Ware in the County of House Jour. 

nal, p. 131. 

JNantucket the current year. 

In Council Read and Concurred and Josiah Coffin Esq"' is joined 
in the Affair. [^Passed Novemher 21. 



CHAPTER 147. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN CU:SIBERLAND COUNTY. 

In the House of Rej)resentatives Legislative 

Voted That Samuel Waldo and Jeremiah Powell Esq" with such councif,xxiv!| 

as the honourable Board shall join be a Committee to farm out the ^2^ 

duties of Excise on Tea Coffee and China ware in the County of House Jour- 

-' nal. n. LSI. 

Cumberland tlie current Year. 

In Council Read and Concurred and Enoch Freeman Esq"^ is 
joined in the affair. \^Passed November 21. 



nal, p. 131. 



CHAPTER 148. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN LINCOLN COUNTY. 

In the House of Representatives Legislative 

Voted That Samuel Denny and William Cushing Esq" with such councif, xxiv^, 
as the honourable Board shall join be a Committee to farm out the i^ 



duties of Excise on Tea, Coffee and China ware in the County of ^aT^'^fgi"'" 
Lincoln the current year 

In Council Read and Concurred and Jonathan Bowman Esq"" is 
joined in the Affair. ^Passed November 21. 



CHAPTER 149. 

VOTE APPOINTING A COMMITTEE TO FARM EXCISE ON TEA, COFFEE 
AND CHINAWARE IN BERKSHIRE COUNTY. 

In the House of Representatives Legislative 

Voted That Joseph D wight and Elijah AVilliams jun' Esq" with councif.xxiv!! 
such as the honourable Board shall join be a Committee to farm ^ 



out the Duties of Excise on Tea, Coffee and China ware in the ^3°"*^ ig^^"'" 
County of Berkshire the current year. 

In Council Read and Concurred and Timothy Woodbridge Esq' 
is joined in the Affair. {Passed November 21. 



62 



Province Jjaws (Besolves, etc.) . — 1761-62. [Chaps. 150, 151.] 



CHAPTEE 150. 



VOTE IMPOWERING REV^ MR. WHEELOCK TO TAKE INDIAN CHILDREN 

UNDER HIS CARE. 



Legislative 
Records of the 
Council, xxiv., 
107, 1'27. 

House Jour- 
nal, pp. 1-24, 139. 
Province 
Laws, iv., .561, 
note; xvi., 60, 
chap. 128. 



A Petition of Eleazer Wheelock of Lebanon in the Colony of 
Connecticut, Clerk Setting forth That he hath for many Years 
past had under his care and instruction a number of Indian Youth 
some of whom have since proved useful; that He is now about to 
enlarge his Plan by taking into his School some of the Children of 
the Indians of the Six Nations; that He hath no settled Fund for 
carrying this design into execution, but being inform'd that this Gov- 
ernment hath appropriated the Interest of certain moneys received 
from Lady Warren for the purpose of educating such Indian Chil- 
dren; and that there is not at present, nor hath been since the 
receipt of said money any Indian Youth upon the Foundation 
within this Province. And Praying That he may be allowed to 
receive the interest of said money for the purpose aforesaid, He 
to be accountable. 

[Read and] 

Voted That the Rev'' M'' Wheelock the Petitioner be allowed to 
take under his care for one Year six Indian Children of the Six 
Nations for Education, boarding and cloathing, and that he be 
allowed for that purpose for said Children or for so many of them 
as he shall receive under his care at the rate of twelve pounds ^ 
Annum each for one year out of the interest of Sir Peter Warren's 
donations, he the said Wheelock laying before this Government an 
account of his disbursment on said Children, and of the improve- 
ments they may have made at the end of the Year when he shall 
apply for payment. [Passed Noveiiiber 23. 



CHAPTER 151. 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE 
ON TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF MIDDLESEX 
AND ALLOWING £1. 9. 4 FOR THE EXPENSE THEREOF. 



Legislative 
Records of tiie 
Council, xxiv., 
1-28. Mass. 
Archives, 
cxx., 39G. 

House Jour- 
nal, p. 135. 
Province 
Laws, xvi., 690, 
chap. 276. 



The Committee appointed to farm out the duties of Excise on 
Tea Coffee and China Ware in the County of Middlesex for the 
year current, made report That they had sold the same to John 
AVhite for £171 and presented their account of charge and expence 
amounting to £1.9.4. 

Read and Accepted and 

Ordered that the Sum of One pound Nine Shillings and four pence 
be paid out of the publick Treasury to the Committee for their ex- 
pences in the Affair. [Passed November 23. 



[2d Sess.] Province Laws (Besolves, etc.). — 1761-62. 63 



CHAPTEK 152. 

VOTE IMPOWERING ANN MITCHELL, ADM^, TO SELL REAL ESTATE. 

A Petition of Ann Mitchell, Widow and Administratrix of the Legislative 
Estate of Robert Mitchell late of Newbury deceased and Guardian councif xxiv^ 
to Martha, Joshua, Nathanael and Joseph Mitchell, Minors, Chil- ^ 



dren of said deceased Joseph Goodhue Guardian to Mary Mitchell a House Jour- 

Minor and Heir of said deceas'd, and as Attorney to Samuel Kil- provincef' 

patrick of York and Elizabeth his Wife which Elisabeth is one of chji^^'io'' ^^^' 

the Children and Heirs of said deceased, in behalf of said Children 

and Heirs Setting forth That the said Robert died Seized of about 

nine Acres of Pasture Land and about three Acres of Salt Marsh 

worth about four or five pounds ^ x\cre and a single Dwelling house 

on the Bank of the River Merrimack with a small Wharf back of it 

in a ruinous condition. That Application has been made to the 

Judge of Probate for the County of Essex for a division of the said 

Estate, and a committee was accordingly appointed by him to make 

division thereof, who after having viewed the same reported that it 

was not capable of a division among the Heirs : And Praying that they 

may be impowered to sell the same for the benefit of the Concerned. 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the said Anna in her capacity be authorised and impowered to make 
sale of the House and Lands in said Petition mentioned for the most 
the same will fetch, and to make and execute a good deed or deeds 
of the same, she observing the directions of the Law relating to the 
sale of Real Estates by Executors and Administrators, and giving 
sufficient caution to the Judge of Probate for the County of Essex 
that the produce arising by said Sale be secured for the right heirs 
of the said Deceased. [Passed Novembe?' 23. 



CHAPTER 153. 

VOTE GRANTING TO JOSEPH PARKER LICENSE TO RETAIL STRONG 

DRINK. 

A Petition of Joseph Parker of ISTewbury Setting forth That Legislative 
he hath lately set up the business of distilling Cordial Spirits, which cmmcff, xxiv^ 
are seldom sold in large quantities: And having obtained the appro- ^9- Mass. 
bation of the Selectmen of Newbury, Praying that the Court of cxx., 394.' 
General Sessions of the Peace for said County may be impowered Mass. 
to grant him a License at their next Sitting in December, which ^^^^l^^; 
without the interposition of this Court, they cannot do until July House Jour- 
next. ^ -ynal.p.lST. 

[Read and] 

Voted 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 allow'd at their next Sitting on the last Tues- 
day of December next, to Grant the Petitioner a Licence (if they 
see Cause) to Retail Spiritous Liquors at His dwelling House in 



64 



Province Laws (i?e6'o/?;e.s, e^c). — 1761-62. [Chaps. 154-156.] 



Newbury aforesaid, He producing the Approbation of the Select 
men of Said Town, the time for Granting Licences being elapsed 
notwithstanding. [Passed November 23. 



CHAPTER 154 



ORDER ALLOWING £4. 14. 6 TO EZEKIEL MIGHILL. 



Legislative 
Records of the 
Council, xxiv., 
129. Mass. 
Archives, 
Ixxx., 16. 

Mass. 
Archives, 
Ixxx., 16. 
House .lour- 
nal,pp.l29,140. 



A Petition of Ezekiel Mighill of Newbury, a Soldier in the 
Pay of the Province in 1759, in Cap' Gerrish's Company Setting 
forth That He was made up short in the Muster Poll from lO'''^ 
March to 22*^ May as appears by the Captains Certificate, And Pray- 
ing an allowance 

Read and 

Ordered that the Sum of four pounds fourteen Shillings and Six 
pence be paid out of the publick Treasury to John Brown Esq"" for 
the Use of the Pet' in full. [Passed November 23. 



CHAPTER 155 



VOTE ALLOWING THE ACCOUNT OF THE TREASURER OF BARNSTABLE 

COUNTY. 



Legislative 
Records of the 
Council, xxiv., 
130. 

House Jour- 
nal, pp. 10, 142. 



An Account of Jonathan Bacon Treasurer of the County of 
Barnstable having been laid before the Court for their allowance 

[Read and] 

Voted That the within account be allowed, and that the Treas- 
urer of the County of Barnstable further account with said County 
for the ballance in his hands being five pounds four shillings. 
[Passed November 23. 



CHAPTER 156. 



VOTE IMPOWERING MARTHA ABBOT, AD^F, TO EXECUTE A DEED. ALSO 
TO SELL AN ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 



Rlfordsoithe ^ PETITION of Martha Abbot Administratrix of the Estate of 
Council, xxiv., her late Husband George Abbot juii'' late of Hard wick deceased, 

^~ Setting forth Tliat her said Husband had sold to his Brother Isaac 

?ai,"p^'m!^' Abbot thirty Acres of the Westwardly part of his Homestead near 

Province Greenwich line, and had received the Pay for it, but died before 

chap. 10.'' " ' he had executed the deed. That his personal Estate is not sufiicient 

to pay his debts by £12.11 and that the remainder of liis Real Estate 

was apprized at Sixty pounds subject withal to her Dower, and an 

annuity of Eight pounds to the deceaseds Father, and Praying 

leave to sell the same. 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the within named Martha Abbot in her capacity be, and she hereby 



[2d Sess.] Province Laws (^Resolves, etc.). — 1761-(52. 65 

is impowered to execute a good deed in the Law to convey to the 
within named Isaac Abbot the thirty Acres of Land which he pur- 
chased of the deceased in his Life time as mentioned in said Peti- 
tion. And that She also is hereby impowered to make sale of the 
remainder of said deceaseds Eeal Estate for the most the same will 
fetch for the reasons in this Petition mentioned, and to pass and 
execute a good deed or deeds in the Law to such Person or Persons 
as shall give most for the same, She to observe the directions of the 
Law relating to the Sale of Real Estates by Executors and Admin- 
istrators She also giving caution to the Judge of Probate for the 
County of Worcester to dispose of the proceeds arising by said sale 
as mentioned in this Petition, \^Passed November 23. 



CHAPTER 157. 

VOTE ALLOWING 36/ TO EDW" EAST. 



A Petition of Edward East of Pelham Setting forth That He Legislative 
was a Soldier in the Pay of the Province in Cap* M'^Farlands Com- ^^X«, xxiv!! 
pany, from whence he was detached into the Battoe Service & did ^i. Mass. 
not return home till the IS'*" of December, but that he is made up lxxIx., 790. 
in the Roll to the 16 November only. And Praying Relief. House Jour. 

[Read and] nai.pp.i37.i4o. 

Voted that the Prayer of this Petition be granted, and that there 
be paid out of the Publick Treasury to Tim'' Paine Esq^ for y® use 
of the Petitioner thirty six Shillings being one months wages, which 
he was made up Short in Cap* M'^farland muster Roll. \^Passed 
November' 28. 



CHAPTER 158. 

ORDER ALLOWING £26 TO AUSTEN ALDEN AND THIRTEEN OTHERS 
INHABITANTS OF PEARSON AND HOBBS TOWN. 

A PETITION" of Austin Alden and Thirteen Others, Inhabitants Legislative 
of Pearson and Hobbs Town Setting forth That in 1759 they coundf, xliv^, 
inlisted as Soldiers in the Pay of the Province under the command i3i- 
of Cap* William Gerrish, and proceeded on duty upon the 10"' of House Jour- 
April, but are not entered on the Roll untill about the 23^^ of May. °*'' ^' ^'^' 
And Praying Relief. 

Read and 

Ordered That the Prayer of the Petition be granted : and that 
there be allowed and paid out of the Public Treasury to M' Stephen 
Longfellow the sum of Twenty six pounds for the use of the Peti- 
tioners in full for the time they were in the service for which they 
were not made up in Cap* Gerrish's Muster Roll. \^Passed Novem- 
ber 23. 



66 Province Laws (i?eso/ye.s',e^c.). — 1761-62. [Chaps. 159, 160.] 



CHAPTER 159. 

VOTE IMPOWERING CHARLES AND ELIZABETH BAKER, ADM^^, TO SELL 
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 

Legislative s^ PETITION of Charles Baker and Elizabeth Baker Administra- 

Records of the « ■, T^ i«tit->ii ^ n^ lo 

Council, xxiv., tors 01 the Estate oi John Baker late oi retersham deceased, bet- 

^~ ting forth That the deceaseds debts exceed his personal Estate 

?ail^pp!m!^i34. "£30.2.7 That his real Estate consists of a dwelling House and 

Province about twenty acres of Land, some part of which it is necessary 

chap. 10.'' ' should be sold for the payment of debts, whereby what is left of 

it would become of little value. And praying leave to sell the whole 

under proper Restrictions. 

[Eead and] 

Voted That the Prayer of this Petition be so far granted as that 
the Petitioners in their capacity be and hereby are impowered to 
sell the Eeal Estate within mentioned for the most the same will 
fetch and to give a good and sufficient deed or deeds of the same, 
they observing the direction of the Law respecting the sale of Real 
Estates by Executors and Administrators and giving sufficient cau- 
tion to the Judge of Probate for the County of Worcester that the 
proceeds of said Sale be applied as follows viz*^ the said Elizabeth 
to have the interest of one third of the money arising by said Sale 
during her Life in lieu of her Dower that after the debts of said 
deceas'd are paid, the remainder of the other two thirds be divided 
among the Heirs of said deceased according to Law, and that at 
the death of the said Elisabeth, the said Third be divided among 
the legal Heirs that then may be. [Passed November 24. 



CHAPTER 160. 

VOTE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Rlfords^onhe Voted, That there be paid out of the publick Treasury, to Samuel 
Council, xxiv., Phillips Esq" the Sum of three Pounds nine Shillings and four 
Archives?' Pence, for the Use of Samuel Currier, in full. 

ixxx., 39. To William Lawrence, Esq'' the Sum of Six Pounds eight Shil- 

Mass. lings and three Pence, for the Use of Samuel Ames, in full. 

A.rcliivGS ... 

ixxviii., .532. To Charlcs Prescot Esq"" the Sum of nineteen Shillings and four 

na'i"pp.'\35.''i36. Pe^ce, for the Use of Timothy Wilkins, in full. 

To John Whitcomb Esq'' the Sum of One Pound fifteen Shillings 
and four Pence, for the L^se of Mary Russell, in full. 

To Samuel Phillips Esq"' the Sum of one Pound eight Shillings 
and eiglit Pence, for the Use of Joseph Robinson, in full. 

To M' James Athern, the Sum of five Pounds, for the Use of 
Daniel Dunham, in full. 

To Benjamin Reed Esq' the Sum of four Pounds, thirteen Shil- 
lings and two Pence, for the Use of Jabez Stratton, in full. 

To Nathaniel Sherman, the Sum of three Pounds three Shillings 
and eight Pence, in full. 

To William Lawrence, Esq'^ the Sum of two Pounds two Shil- 
lings, for the Use of Mary Brown, in full. 



[2d Sess.] Province 1jA\w^ {Resolves, etc.). — 1761-62. 67 

To John Brown Esq"" the Sum of two Pounds seven shillings for 
the Use of Jacob Knight, in full. 

To Samuel Phillips Esq"' the Sum of three Pounds eighteen Shil- 
lings, for the Use of Moody Bridges, in full. 

To M'' James Fowle, the Sum of two Pounds fourteen Shillings 
and eight Pence, for the Use of Edward Twiss, in full. 

To M"^ Woodbridge Brown, the Sum of one Pound seven Shil- 
lings, for the Use of Jeremy Campbell, in full. 

To Cap^ Timothy Metcalf, the Sum of five Pounds, for the Use 
of George Forrist, in full. 

To M' Solomon Prentice, the Sum of three Pounds, for the Use 
of Benjamin Pulcipher, in full. [^Passed Novemher 24. 



CHAPTER 161. 

VOTE REMITTING £31. 1. 7 PROVINCE TAX ON THE TOWN OF RUTLAND 
AND ADDING THE SAME TO THE DISTRICT OF PRINCE TOWN. 

A Petition of John Murray Esq'' of Eutland in behalf of said Legislative 
Town Setting forth That in January last an order passed the Gen- coumjif, xlivf, 

eral Court for remitting the sum of £31.1.7 to the District of Prince ^^^ 

Town (formerly a part of Rutland) and adding the said sum to the House Jour- 

1 nal 13D l'^8 129 

Town of Rutlands Tax the present Year, which was to the injury Province" ' 
of the said Town, as in the Year 1760 they were Assessed the full note^xvi'.^en 
proportion set on said Town before Prince Town was taken off from cW- 228. ' 
them, altho' they were thus sett off in the year 1759. And Praying 
Relief. 

[Read and] 

Voted That the prayer of this Petition be so far granted as that 
the sum of Thirty one pounds one shilling and seven pence laid 
upon the Town of Rutland the present year over and above their 
proportion of their Taxes be remitted to said Town of Rutland, 
and that the same be added to the Province Tax that shall be laid 
on the District of Prince Town for the year 17(J3. [Passed Novem- 
her 24. 



CHAPTER 162. 

VOTE GRANTING TO ELIS^ TILLEY LICENCE TO KEEP AN INN. 

A Petition of Elisabeth Tilley of Boston, Setting forth That Legislative 
her Father dyed a few weeks since, having for several Y^'ears before counclf, x*xh\, 
his death had a license to be an Innholder and Retailer, who being i36. Mass. 
infirm, the business of the House devolved very much upon the 506. 
Petitioner: that She hath no other way of supporting herself and m^^^^^ 
the Family in which are several young children, and hath obtained ^4*^^ House'''" 
the recommendation of the Selectmen of the Town as an Innholder. Journal, p. W3. 
And praying that the Court of General Sessions of the Peace for 
the County of Suffolk may be impowered at their next Session to 
grant her a License for the purpose aforesaid. 

Read and 

Voted, That the Prayer of the Petition be granted ; and that the 
Justices of the Court of General Sessions of the Peace for the County 



68 



Province luA-vfS, {Resolves, etc.) . — 1761-62. [Chaps. 163, 164.] 



of Suffolk, be and hereby are empowered, at their next Term, to 
grant the Petitioner a Licence, to keep a Tavern, in the House 
where her late Father dwelt in Boston; the Time for granting 
Licences being elapsed notwithstanding. \^Passed November' 24. 



CHAPTER 163. 

VOTE GRANTING TO MARY SIMPSON LICENCE TO KEEP AN INN. 

A Petition of Mary Simpson of Boston Widow Setting forth 
That the House where she dwells has been licensed for a Tavern 
and victualling House for more than thirty Years: that her Brother 
William Cowell who had kept the same for some Years, had a few 
days before his Sickness and death obtain'd the approbation of the 
Selectmen for renewing his License and She hath since his death 



Legislative 
Records of the 
(.'ouncil, xxiv., 
136. 3Iass. 
Archives, cxi., 
503. 

Mass. 

Archives, cxi., 
."iOl. House 

Journal, p. 144. obtained their recommendation for an Innholder in the same House. 
And praying That the Court of General Sessions of the Peace for 
the County of Suffolk may be impowered to grant her a License 
for the purpose aforesaid. 
Read and 

Voted, 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 Suffolk, be and hereby are empowered, at their next Term to 
grant the Petitioner a Licence (if they see fit) to keep a Tavern, 
in the House where her late Brother dwelt in Boston; the Time for 
granting Licences being elapsed notwithstanding. [^Passed Xovem- 
ler 24. 



CHAPTER 164 



Legislative 
Records of the 
Council, xxiv., 
137. 

House Jour- 
nal, p. 144. 
Province 
Laws, XV., 230, 
chap. 154. 
Love's Fast 
and Thanks- 
giving Days 
of New Eng. 
land, p. 499. 



VOTE ADJOURNING THE COURTS OF BARNSTABLE COUNTY. 

Whereas the 3*^ day of December next is appointed to be a day 
of Public Thanksgiving thro this Province which happens to be in 
the same week which the Inferior Court of common Pleas and Court 
of General Sessions of the Peace for the County of Barnstable are 
appointed by Law to be held, which renders it very inconvenient 
for the Justices of said Court, Jurymen and Others concerned to 
attend the same at that time. Therefore 

Voted That the Courts aforementioned that are to be holden by 
Law on the first Tuesday of December next, be and hereby are 
adjourned to the last Tuesday of December next to be held at the 
Court House in Barnstable in the County of Barnstable at ten of 
the clock in the Forenoon of said day ; and all Pleas, Writts, Actions, 
Suits, Plaints, Processes, Precepts Recognizances and other things 
whatsoever, returnable or having day or days in the said Courts, 
shall stand abide and continue unto said adjournment, and be held 
deemed and adjudged to be as good effectual and available in Law 
to all intents contructions and purposes whatsoever, as if such Courts 
had been held and kept on the day by Law for holding of the same 
and no adjournment thereof had been made. ^Passed November 24. 



[2d Sess.] Province Laws {Resolves, etc.). — 1761-62. 69 

CHAPTEK 165. 

ORDER EXTENDING TIME FOR SELLING LAND BANK LOTTERY TICKETS. 

Whereas this Court at their Session in February 1700 granted ^Iforlfo/ti, 
a Lottery for raising a sum of money not exceeding Three thou- council, xxiv., 
sand five hundred pounds to bo applied for the redemption of the ^^^' 



outstanding Bills and finishing the affairs of the late Land Bank or ^rc^-^es civ. 
Manufactory company, and Whereas the time limited for raising 121. Leg'isia-' 
said sum has proved altogether insufficient for that purpose, and of the Couucii, 
it having been represented to this Court that at the expiration of House Jour- 
the term limited as aforesaid about one half of the tickets of the nai, p. 139. 
third Class in said Lottery remained in the hands of the managers Laws,"iv., 288, 
of the same undisposed of, and that unless the time for carrying ^^^p- ^^^ ^^-' 
on said Lottery be lengthned out, the design of said Grant will be 
wholly frustrate. Therefore 

Ordered That the further term of six months from the first day 
of December next be allowed for carrying on said Lottery under 
the conduct of the same managers and according to the regulations 
contained and prescribed in the Act for granting the same: and the 
Commissioners appointed for transacting and finishing the Affairs 
of said Company are hereby directed to forbear issuing any further 
assessment against said company until the expiration of said term, 
unless they have the express order of the General Court therefor. 
\^Passed November 25. 



CHAPTER 166. 

ORDER IMPOWERING THE WEST WING PRECINCT OF RUTLAND TO 
LEVY A TAX OF TWO PENCE PER ACRE FOR THREE YEARS AND 
ONE PENNY PER ACRE FOR TWO YEARS NEXT AFTER ON THE 
LANDS OF THE NON-RESIDENT PROPRIETORS THEREIN. 

A Petition of James Craige of the West Wing Precinct of Eut- ^''srisiative 
land in the name and behalf of the said Precinct Praying that a council, xxiv., 
Tax of four pence ^ Acre be laid on all the Lands therein for five Archi^^e8,^xiv., 
years, that the Lihabitants may be thereby enabled in some measure '-^34. 
to build a meeting house & support the Public Worship in the said Mass. 

-m Oil. i Archives, xi v., 

Place. 231. Legis- 

The Committee upon the foregoing Petition having reported of'^Jhe Counclf 
according to Order Eead and Accepted, And xxiv., 139. 

Ordered That there be and hereby is allowed to be raised two na^i^^pp. i^m, 
pence a year for three years next ensuing and one peny a year for Laws^iv^e^s^ 
two other years next after upon each Acre of the Lands of the Non- note. ' 
resident Proprietors of the Precinct in the West Wing of Eutland 
to enable them to build a Meets House for the public AVorship of 
God, and for the support of a Gospel Minister in the said Precinct. 
And the said Precinct are hereby authorised and impowered to 
appoint suitable persons to assess and collect the Taxes aforesaid. 
\^Passed November 25. 



70 



Province Laws {Besolves, etc.). — 1761-(32. [Chaps. 167-169.] 



Legislative 
Records of tlie 
Council, xxiv., 
140. Mass. 
Archives, 
Ixxx., 3. 

House Jour- 
nal, pp. 125, 146. 



CHAPTER 167. 

ORDER ALLOWING £4 TO SAMUEL STUARD. 

A Petition of Samuel Stuard of Eclgartown Setting forth That 
he was a Soldier in the Pay of the Province at Annapolis Royal in 
Capt^ Mayhews Company in 1759, and did not receive the Bounty 
sent thither having been at that time employed at a distance. And 
Praying an allowance. 

Eead and 

Ordered, That the Sum of Four Pounds be paid out of the pub- 
lick Treasury to James Athearne Esq"" for the Use of the Petitioner, 
in full Consideration for the Bounty mentioned. [Passed Novem- 
ber 25. 



CHAPTER 168. 



ORDER IMPOWERING DAVID GORHAM TO SELL REAL ESTATE. 



Legislative 
Records of the 
Council, xxiv., 
140. 

House .Jour- 
nal, p. 14(i. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of David Gorham of Barnstable Setting forth That 
one Joseph Gorham late of Norwalk in the Colony of Connecticutt 
died Intestate and seized of about two acres of Salt Meadow lying 
in Barnstable, and that his Estate is insolvent ; and Joseph Gorham 
the Administrator hath desired the Petitioner to make sale of the 
said meadow in order to compleat the Settlement of the Estate. 
And Praying that he may be enabled to make Sale of the same for 
the purpose aforesaid. 

Eead and 

Ordered That the Prayer of the Petition be granted ; and that the 
Petitioner David Gorham be, and he is hereby impowered to sell 
the said deceaseds Real Estate in Barnstable mentioned in the Peti- 
tion for the most the same will fetch, he first posting up seasonable 
notifications of the time and place of Sale as the Law directs, and 
to make and execute a good and sufficient deed or deeds of convey- 
ance thereof in the Law, he giving sufficient security to the Judge 
of Probate for the County of Barnstable to be accountable for the 
proceeds of said Sale according to Law. [Passed November 25. 



CHAPTER 169. 

ORDER ALLOWING OTHNIEL THOMAS, GUARDIAN, THE WAGES DUE 
PHILLIP THOMAS. 



Legislative 
Records of the 
Council, xxiv., 
141. Mass. 
Archives, 
Ixxx., 5. 

Mass. 
Archives, 
Ixxx., 5. 
House .Jour- 
nal, pp. 143,146. 



A Petition of Othniel Thomas of Topsfield, Guardian to his 
Brother Philip a Minor of about 17 years of Age Setting forth 
That the said Phillip served as a Soldier in Cap^ Aaron AVillards 
Company of Col° Willards Regiment and is made up in Cap* Wil- 
lards Roll as a Servant to James Cunnock, when in fact he was not 
his Servant. And Praying Relief. 

[Read and] 

Ordered that the prayer thereof be Granted & that the Wages 
herein Mention'' be pay*^ to the Guardian for the use of the Minor 
within named. [Passed November 25. 



[2d Sess.] Province Laws {Remlves^ etc.). — 1761-62. - 71 

CHAPTER 170. 

ORDER ALLOWING £4 TO W'^' ARMSTRONG. 

A Petition of William Armstrong of Martha's Vineyard Setting Legislative 
forth, That being a Soldier at Annapolis Royal in Cap' Mayhews counc'if,°xxh^ 
Company, He did in March 1760 inlist for another term in Cap' i-ti- Mass. 
Snows Company, but hatli never yet received the Bounty for so ixx^xl^is.' 
doing. And Praying Relief. Mass. 

Read and li^xx.'M' 

Ordered, That the Sum of Four Pounds be paid out of the pub- House Jour- 
lick Treasury to James Athearn Esq'' for the Use of the Petitioner, i^rovmce^"'^^'' 
in full Consideration for the Bounty mentioned. [Passed Novcm- ]^^^'.^^''^^' 
her 25. 



CHAPTER 171. 

ORDER IMPOWERING JONATHAN FOSTER, GUARDIAN, TO SELL LANDS 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Jonathan Foster of Reading, Guardian of Ebenezer Legislative 
Foster and Samuel Foster Setting forth That they together Avith councif, xx*i^^, 

their Sister Sarah Foster own about twenty Acres of Land devised ^^ 

to them by their Mother Deborah Foster, That the said Sarah is House Jour- 
arrived to the age of 21 years and is about selling her Share, and pVov^ince'' 
as the whole is so small a parcell of Land that it will not admit of ch^ip^'io.' ^^^' 
a division; Praying He maybe allowed to make Sale of the said 
minors Interests therein. 

Read and 

Ordered That the Prayer of the Petition be granted ; and that 
the Petitioner in his said capacity as Guardian be, and he hereby 
is impowered to make sale of the Lands mentioned in the Petition 
for the most the same will fetch, he observing the directions of tlie 
Law respecting the sale of Real Estates by Executors and Admin- 
istrators, and to make and execute a good deed or deeds of convey- 
ance of the same, he first giving security to the Judge of Probate 
for the County of Middlesex to be accountable for the proceeds of 
said Sale according to Law. [Passed November 25. 



CHAPTER 172. 

ORDER ALLOWING £4 TO ELIJAH WADSWORTH, ADM^ 

A Petition of Elijah Wadsworth Administrator of the Estate Legislative 
of Nathanael Wadsworth deceased, Setting forth That the said coundf, xliv ^, 
Nathanael being a Soldier in the Pay of the Province at Louis- U2. Mass. 
bourgh in 1759 reinlisted into the Service and continued therein ixxx., 33.' 
until March following and then died ; but that the bounty money Mass. 
for reinlisting being not then arrived at Louisbourgh, the said ^^Jx^'^lf' 
Nathanael never received the same. And Praying Relief. House Joiir- 

Read and ^.^Jjv^'iScf ' '*' ' 

Ordered, That the Sum of Four Pounds be paid out of the pub- ^ha[/'.245*"' *^*'' 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 173-175.] 

lick Treasury to Andrew Belcher Esq'' for the Use of the Family 
of the Deceased, in full Consideration for the Bounty mentioned. 
\^Passed November 25. 



CHAPTEE 173. 



ORDER ALLOWING £9. 17. 6 TO JA^ HARRINGTON. 



Legislative 
Records of the 
Council, xxiv., 
142. Mass. 
Archives, 
Ixxx., 19. 

Mass. 
Archives, 
Ixxx., 19. 
House Jour- 
nal, p. 148. 



A Petition of James Harrington Setting forth That in the 
year 1760 his Servant Daniel Druce a Soldier in the pay of the 
Province returned home from the Army sick of the small pox, 
and remained very ill for full four months after his return and 
still continues unable to do any business, And Praying Relief. 

Read and 

Ordered that the sum of Nine pounds seventeen Shillings and 
sixpence be paid out of the publick Treasury to Tim° Paine Esq^ 
for the Use of the Pef in full. {^Passed November 25. 



CHAPTER 174. 



ORDER ALLOWING £6. 16 TO JN" HIND. 



Legislative A PETITION of John Hind ' of Brimfield, Setting forth That in 

Records of trie • 

Council, xxiv., the year 1760. He was a Soldier in the Pay of the Province and 

143. Mass, 
Archives, 
Ixxix., 794 



House Jour- 
nal, p. 148. 



returning home from the Army with the Small pox communicated 
the distemper to his Wife and six children, (two of whom died with 
it) and occasioned him great Expence. And Praying an Allowance. 

Read and 

Ordered that the Sum of Six pounds Sixteen Shillings be paid 
out of the publick Treasury to Maj'' Daniel Burt for the Use of the 
Pef in full. [Passed November 25. 



CHAPTEE 175. 



ORDER ALLOWING £4. 17. 10 TO JOSIAH ROBINSON. 



Legislative 
Records of the 
</Ouncil,xxlv., 
143. Mass. 
Archives, 
Ixxix., 785. 

Mass. 
Archives, 
Ixxix., 784. 
House Jour- 
nal, p. 148. 



A Petition of Josiah Robinson of Charlton Setting forth That 
being a Soldier in the Pay of the Province in 1759, He was charged 
with the care of one Benjamin Harris and afterwards Avith that of 
his own Son William Robinson who were likewise Soldiers in the 
Service, both of whom were sick, and died; the charge of whose 
Sickness and burial was defreyed by the Petitioner. And Praying 
an allowance. 

Read & 

Ordered that the Sum of four pounds seventeen Shillings and 
ten pence be paid out of the publick Treasury to Cap* John Brown 
for the Use of the Pef in full. [Passed November 25. 

* The House Journal, p. 148, reads, ^^ John Hynde.'' 



[2d Sess.] Province Laws {Resolves, etc.). — 1761-62, 73 

CHAPTBE 176. 

ORDER CONFIRMING THE VALIDITY OF A DEED TO JOSEPH GRAVES. 

A Petition of Joseph Graves, Setting forth That in the Year Legislative 
1759. He undertook the support of Abigail Speen an Indian, and councif xxu-^ 
paid for her the value of certain Lands which she had intermixed i43. 
with Lands which the Petitioner had before purchased of the said House Jour- 
Abigail and the heirs of her late Husband James Speen. That the °^'' p^- i^t, iso. 
said Abigail while he the Petitioner was in the Public Service made 
a deed of the said Land for satisfying the debts aforesaid, but not 
in all respects according to Law, and died. And praying that the 
said Lands may be confirmed to him. 

Read and 

Ordered That the deed from Abigail Speen to Joseph Graves dated 
September d'^ 1759. and referred to in this Petition be, and hereby 
is declared to be as good and valid in law to all intents and pur- 
poses as if the Consent of this Court to the sale of the Lands granted 
by said Deed had been obtained before the time of executing thereof. 
[^Passed November 25. 



CHAPTER 177. 

ORDER ALLOWING £2. 8 TO JOS : BOURN. 



A Petition of Joseph Bourn ' of Falmouth in the County of Legislative 
Barnstable Praying an Allowance of his expence occasioned by the councif, xxiv!f 
Sickness of his son in Law Benjamin Hathaway a Soldier in the ArchWes^^' 
Pay of the Province on his Return from Louisbourgh. ixxx., 14.' 

Read and Mass. 

Ordered that the Sum of Two pounds eight Shillings (exclusive bfxx!,T4.' 
of the Doctors Bill) be paid out of the publick Treasury to Cap*^ nai"^^ !«»"''' 
Joseph Robinson for the Use of the Pef in full. \^Passed Novem- ' ^" 
bei' 25.'^ 



CHAPTER 178. 

ORDER ALLOWING 40/ TO JOSHUA WILLIS. 

A Petition of Joshua Willis of Middleborough Praying an allow- Legislative 
ance of sundry disbursments on account of himself and divers other couuefi^xxiv^ 
Soldiers on their Return from the Army. 144. Mass. 

xteau. 4a/ ixxx 38. 

Ordered that the Prayer of the Petition be so far Granted as that House Jour- 
the Petitioner be allowed & paid out of the publick Treasury the nai, pp. 147, 149. 
Sum of forty shillings in full for the money he expended on the 
Invalids mentioned in the Petition To be p'^ to Cap*^ Eben' Sprout 
for his ITse. {Passed November 25.'' 

• The House Journal, p. 149, reads, " Boicen.'^ 

- The date of final concurrence in the Council is given in Mass. Archives as November 
24, evidently a mistake, as the same order states that its reading in the House occurred on 
November 25. 



74 



Province Laws (i?eso/yes,e^c.). — 1761-62. [Chaps. 179-181.] 



CHAPTER 179. 



Legislative 
Records of the 
Council, xxlv., 
144. Mass. 
Archives, 
Ixxlx., 704. 

Mass. 
Arclilves, 
Ixxix., 704. 
House Jour- 
nal, p. 149. 



ORDER ALLOWING £9 TO THE TOWN OF LYNN. 

A Petitiok of Benjamin Newball Esq"" iu behalf of the Town of 
Lynn, Praying an allowance of their expence on one John Downing 
a poor person who served as a Soldier in the pay of the Province and 
brought the small Pox home with him. 

Bead and 

Ordered that the Sum of Nine pounds be paid out of the publick 
Treasury to Benjamin Newhall Esq'' for the L^se of the Town of Lynn 
in full. [Passed November ~5.' 



CHAPTER 180. 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE 
ON TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF ESSEX AND 
ALLOWING £1. 11. 6 FOR THE EXPENSE THEREOF. 



Legislative 
Records of the 
Council, xxiv., 
139. Mass. 
Archives, cxx., 
397. 

House Jour- 
nal, p. 150. 
Province 
Laws, xvi.,6SS, 
chap. -268. 



The Committee appointed to farm out the Excise on Tea Coffee 
and China ware in the County of Essex made report That they had 
sold the same to M"' Jacob Ashton for £280 and delivered his Bond 
to the Province Treasurer ; And Praying Allowance for their charge 
and expence 31/6. 

Read and Accepted and 

Ordered that the sum of One pound eleven Shillings and Six pence 
be paid out of the publick Treasury to the Comm^® for their Expences 
in this Matter. [Passed November 26.^ 



CHAPTER 181. 



ORDER DIRECTING A NEW BOAT TO BE PROCURED FOR THE LIGHT 

HOUSE SERVICE. 



Krdsof the -^ Memorial of Robert Balls, Keeper of the Light House Set- 
c^"icii,xxiv., ting forth That in a very severe storm on the 23"^ day of October 

— '- last, the Province Boat parted from her Moorings, went ashore and 

uaupp.mjsi. stove to pieces, And praying That this Court would take the same 
chifp. ii4^''' ^^^^ consideration and give such Orders therein as they shall judge 
proper. 
Read and 

Ordered That a new Boat be procured by the Committee appointed 
by both Houses to take care of the Repairs at the Light House of 
twenty eight feet keel and decked. [Passed November 26. 

^ The date of final concurrence in the Council is given in Mass. Archives as November 
24, evidently a mistake, as the same order states that its reading in the House occurred on 
November 2."). 

- This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is November 25. 



[2d Sess.] Province Laws {Hesolves, etc.). — 1761-62. 75 

CHAPTER 182. 

VOTE IN REGARD TO AN ALLOWANCE TO ISRAEL FELIX, INDIAN. 

A Petition of Israel Felix of Middleborough, Indian Setting Legislative 
forth That there is in the hands of the Guardians of the Indians councif xxu-*' 
in the County of Plymouth about £53.6.8 due to his deceased i*t. Mass. 
Father Thomas Felix That the Petitioner is involved in debt on xxxiiLriTa. 
account of some purchases he has made, and for the support of Mass. 
his Father in his old Age. And Praying that the Guardians may xxxiir*^r> 
be impowered to pay him so much of said money as will free him House Jour-_ 
from his Incumbrances. Province*"''^''*' 

[Eead and] ^ha?'7^^uotf ' 

Voted that the Prayer of the Petition Be So far Granted as that 
the Guardians of the Indians for the County of Plymouth be & are 
hereby Impowered to Inquire into the Debts of the Petitioner, the 
Originall Grounds of them or for what Causes they Became Due, 
And Such of them as Shall apear to be Just and Equitable, they 
allow & pay out of the monies in their Hands of His father Thomas 
Felix Deceased. [Passed November 26. 



CHAPTER 183. 

ORDER ALLOWING £100 AND A FURTHER SUM OF £9. 12 TO THC* GOLD- 

THWAIT, ESQK. 

A Memorial of Thomas Goldthwait Esq' Setting forth That in Legislative 
consequence of a Resolve of this Court to pay their Troops one half c^unaf xxiv^ 
of their AVages in the Field the last Year, He was appointed Pay- i*7. Mass. 
master and proceeded to Crown Point, and paid the Soldiers there 4^'x.^62o. 
and at other Posts agreeable to said order, and was obliged to keep '^^^. 
accounts with upwards of four thousand Men, for which he hath J^^^Ij'^^^^ffi^ 
not as yet received any consideration, And Praying an allowance, HouseJou'r- 

xieaCi and p'roviiace 

Ordered that the Sum of One hundred pounds be paid out of the Ya^'-iy^'"'^"' 
publick Treasury to the Pef in full for his Services mentioned. cup.. 

And that the further Sum of Nine pounds twelve Shillings be 
allowed him in consideration of the Loss of that Sum in Nego- 
ciating said affairs. [Passed November 26. 



CHAPTER 184. 

ORDER ALLOWING 40/ TO THO^ WILKINS. 



A Petition of Thomas Wilkins of Middleton in the County of Srd"of the 
Essex Praying an allowance of his charge in going as far as Green coSncii.xxiv., 
Bush in order tobring home his Son Elias Wilkins a Soldier in the A^chfvesT' 
Pay of the Province, upon receiving advice of his said Sons Sick- i^x^-. 2- ' 

ness, Mass. 

Read and 4xx.',Y.'' 



76 Province Laws (i?e50?ves,e<c.). — 1761-62. [Chaps. 185-187.] 

mu"f)'\*53'"i54 Ordered that the Sum of forty Shillings be paid out of the pub- 
' '^'^'" ' "" ' lick Treasury to M"" Thomas Porter for the Use of the Pef in full. 
{^Passed November 26. 



CHAPTER 185. 

ORDER ALLOWING £9 TO DAN'- MOORS. 



Legislative A PETITION of Daniel Moors of Haverhill Setting forth That 

councif.xxiv., he hath served divers Campaigns as a Sergeant, and in the year 

^^ 1759 as a Lieutenant; that in the Year 1760 he inlisted more than 

Archives twenty men and received Orders from Col° Willard as a Lieutenant 

ixxx., 25,' 26. but that he is made up in the Roll only as a Private. That he is in 
nai"pp-i:^M'i3- arrears to the Province Treasurer more than Fifty pounds for which 
La\v6°xvi 460 ^^® hath been sued. And praying that he may be allowed further for 
chap. '24.5. ' ' his Service. 

[Read and] 

Ordered That there be allowed out of the Public Treasury to the 
Petitioner the sum of Nine pounds being the Bounty allowed to 
Private Soldiers in the year 1760, which Bounty it appears he has 
never yet received, and that he have credit for the said Sum upon 
his Bond given to the Treasurer. \_Passed November 26. 



CHAPTER 186. 

ORDER GRANTING TO PEREZ TILSON LICENCE TO SELL STRONG DRINK. 
Legislative A PETITION of Perez Tilson of Plymouth, Setting forth That 

R6corQS of the <j ^ o 

Councu.xxiv., he lias heretofore been a Retailer in Plymouth, but that having 
Archi^es^^cxx. been for divers years past in the Army he hath not since renewed 

392. the License. And Praying that the Court of General Sessions of 

the Peace may be impowered at their next term to grant him a 
License. 
Read & 

Ordered that The Next Court of General Sessions of the Peace 
For the County of Plymouth be and hereby are Impowered to 
License the said Perez Tilson To Retail Strong Liquors in Plym- 
outh he first obtaining the approbation of the select men of s** Town 
of Plymouth for that Purpose The Time for Granting Licencess in 
said County being Relapsed' Notwithstanding.^ \^Passed Novem- 
ber 26. 



CHAPTER 187. 

ORDER ALLOWING £4 TO NOAH M'INTIRE. 



Refords"o7the ^ PETITION of Noah M'^Intire of Charlton Setting forth That 

Council, xxiv., in the year 1758. He inlisted as a Soldier under Cap*^ Dresser, but 

Archiv^es?' uevcr received the Bounty nor any billeting money. And Praying 

ixxix., 703. an Allowance. 

' Sic. 

' Not found in the House Journal. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1761-62. 77 

Read and Kives, 

Ordered that the Prayer of the Petition be So far Granted as ixxix., 702. 
that there be allowed & paid out of publick Treasury To Moses naia^p-i^Msi. 
Marcey Esq"" for the Use of the Pef the Sum of four pounds in 
full of his Bounty mentioned in the Petition. \^Passed Novem- 
ber 26. 



CHAPTER 188. 

ORDER IMPOWERING JOSEPH JACKSON, GUARDIAN, TO JOIN WITH 
OTHERS IN DISPOSING OF LAND. 

A Petition of John Stevens and Martha his Wife, Anthony Legislative 
Stoddard and Joseph Jackson, Guardian of Simeon Stoddard a counc'if, xxiv^, 

person Non compos. Setting forth That the said John and Martha i^^- 

in her right and the said Simeon and Anthony are interested in House Jour- 
certain Lands called equivalent Lands formerly in this Province, °*'PP" ' " • 
now claimed by the Province of New Hampshire which same Lands 
are held by Grant from said Province of Xew Hampshire subject 
to certain conditions of Settlement which if not complied with the 
said Lands become forfeit. And Praying that the said Joseph Jack- 
son as Guardian of the said Simeon may be authorised and impow- 
ered in behalf of said Simeon to join with the other Petitioners in 
fiilfilling the said conditions of Settlement. 

Read and 

Ordered That the Prayer of this Petition be so far granted as 
that the Petitioner Joseph Jackson in his capacity of Guardian to 
the said Simeon Stoddard be and hereby is authorised and impow- 
ered to join with the other persons interested in the Lands men- 
tioned in Grants of such parcells of said Lands as shall induce 
persons to settle on said Lands so as to prevent a forfeiture of the 
Original Grant of the same Lands and for that purpose to make 
and execute a legal deed or deeds of conveyance of such parcells 
of Lands to the Persons who shall settle on the same. [^Passed 
November 26. 



CHAPTER 189. 



ORDER ALLOWING £40 TO JOS: PEABODY. 



A Petition of Joseph Peabody, a Commissary in the Crown LegisiaUve 
Point Expedition in 1756. Praying an Allowance for the Provi- g^f,°cu.xxiv! 
sions he supplied the Province Troops withal during the Campaign i49. Mass. 
amounting according to his computation to £728.1.2. ixxx.,43.' 

Read and Mass. 

Ordered that the Sum of forty pounds be allowed and paid out j^^x'^f' 
of the publick Treasury to the Pef in full consideration for his House Jour-^_ 
Services and expences mentioned. [Passed November 26. i46.'^^'" ' "'* 



78 



Province Laws (Besolves, etc.). — 1761-62. [Chaps. 190-192.] 



Legislative 
Records of the 
(Jouncil, xxiv., 
14!). Mass. 
Archives, cxx., 
391. 

Mass. 

Archives, cxx., 
390. 



Legislative 
Records of the 
Council, xxiv., 
150. 

House Jour- 
nal, p. 151. 
Province 
Laws, iv., 545, 
note. 



CHAPTER 190. 

ORDER GRANTING TO SARAH SHIRTLIFF LICENCE TO SELL STRONG 

DRINK. 

A Petition of Sarah Shirtliff of Plymouth Setting forth That 
iu October last She obtained a License to sell spirituous Liquors by 
retail in the House where she then dwelt, that she is since removed 
to another House, and can have no benefit of the said License therein. 
And Praying She may be enabled to exercise her License in the House 
she is removing into for the term for which She was Licensed. 

Read, and 

Ordered that the Petitioner Sarah Shurtleif be &, hereby is Im- 
powered to use & Improve her License for Retailing Strong Liquors 
in the house she is Removing or Removed to as fully to all Intents 
as in the house where she Dwelt when She Received her License 
for the Remaining part of y® time She was Licensed for by the 
Court of General sessions of the Peace for y^ County of Plymouth.' 
[Passed November 26. 



CHAPTEE 191. 

ORDER DEDUCTING £21. 9. 8. 1 FROM NATICK AND ADDING THE AMOUNT 
TO THE TAX OF NEEDHAM. 

Ordered That the Sum of Five shillings and eight pence three 
farthings be paid b}^ the Town of ISTeedham to a thousand pounds 
over and above what they were set at in the Settlement of Valua- 
tion, which makes the sum of twenty one pounds nine shillings 
and eight pence one farthing to the present Tax over and above 
what they are assessed at, and that said Sum be taken from the 
present Tax laid upon the Parish of Natick, and added to the Town 
of N^eedham, and that the Assessors of Needham be directed to 
assess said sum accordingly, with the present Tax laid on said Town. 
[Passed November 26. 



CHAPTER 192. 



Legislative 
Records of the 
Council, xxiv., 
1.50. Mass. 
Archives, 
Ixxix., 786. 

House Jour- 
nal, p. 1.54. 



ORDER ALLOWING 18/ TO EDWARD SEAGRAVE. 

A Petition of Edward Seagrave of Uxbridge Praying an allow- 
ance of his charge going to fetch home his sick Brother John Sea- 
grave a Soldier in the Pay of the Province from the Army. 

Read and 

Ordered that the Sum of eighteen Shillings be paid out of the 
publick Treasury to Cap* Solomon Wood for the Use of the Pef 
in full. [Passed November 26. 

' Not found in the House Journal. 



[2d Sess.] Province Laws {Resolves, etc.). — 1761-62. 79 



CHAPTER 193. 

ORDER ALLOWING 40/ TO PAUL AVERIL. 

A Petition of Paul Averil of Middleton Praying an allowance Legislative 
of his charge going to Green Bush to bring home his sick son, a councif xxiv^ 
Soldier in the Pay of the Province from the Army. i5i- 

Read and House Jour- 

Ordered That the sum of forty shillings be paid out of the Pub- "'"^^'i'^^*- 
lie Treasury to jVC Thomas Porter for the use of the Petitioner in 
full. [^Passed Novemher 26. 



CHAPTER 194. 

RESOLVES AND ORDERS IN REGARD TO THE BOUNDARY LINES OF 
NEW MARBLEHEAD. 

Upon the Petition of Nathan Bowen and Others, Grantees of ^^siciative 
a Township called New Marblehead in the County of Cumberland council, xxu-., 
and the Report of a Committee of the General Court thereon. ^^ 

Resolved and _ ^^ f^^."'"- 

Ordered That the Bounds between the said Township of New Province 
Marblehead and the Towns of Falmouth and North Yarmouth be note^f'xvi!,6'77, 
as follows viz'^ Beginning at a White Rock by the Water side in Casco '''^•''i'- -*'• 
Bay and running North west ninety five rods to the Stump of a red 
oak tree which was formerly marked F. and from thence Northwest 
on the line between the Towns of Falmouth and North Yarmouth 
eight miles to a Pine tree marked F for the northwest corner of 
the said Town of Falmouth and from thence the Lines between 
said Towns of Falmouth and the said New Marblehead to run on a 
strait Line to come fifteen rods to the Eastward of a Brook called 
Inkhorn Brook below the mouth of the said Brook where it enters 
into the River called Pesumpscot River to run again from the said 
Pine Tree back on the line of Falmouth ninety five rods to the 
South east corner of North Yarmouth being a stake, and from 
thence Northeast three miles on the Bounds between North Yar- 
mouth and New Marblehead to the Line of New Boston. And that 
the Lines between New marblehead and the Towns of Falmouth 
and North Yarmouth be fixed and established as before mentioned. 

It is further 

Resolved and 

Ordered That Lot N" 1 in the second hundred acre division of Lots 
in the said Township of New Marblehead, which Lot is bounded on 
the fifty fifth and fifty sixth Lots in the first division of hundred 
acre Lots be set off and established for a School Lot in the said 
Township in the room of the forty fourth Lot which was taken 
from the School for the Minister. \_Passed November 27. 



80 Provixce La^vs {Jiesolves, etc.) . — 1761-62. [Chaps. 195, 196.] 



CHAPTER 195. 

ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO BURN 
GOVERNMENT SECURITIES. 

Legislative The COMMITTEE appointed to repair to the Treasurers and take 

Council^, xxiv!i an account of the Government Securities that he lias redeemed and 
Archi^ves^civ. ^^e them burnt and consumed to Aslies have attended that service 
9 6. jind have received of the Treasurer Government Securities payable 

Mass. ill June 1759 amounting to Two thousand three hundred twenty four 

w!^*^Hous'e'^^^'' pounds eighteen shillings and three pence which with the interest 
i^^^^An^^^'^^' ^^ Three hundred eighty two pounds ten shillings and seven pence 
p. 14, chap. 2-2. paid thereon amounts to Two thousand seven hundred and seven 
pounds eight shillings and ten pence. Also Government Securities 
payable in June 1760. amounting to seventeen thousand thirty two 
pounds six shillings and four pence, which with the interest of 
eighteen hundred and forty pounds fourteen shillings paid thereon 
makes Eighteen thousand eight hundred seventy three pounds 
and four pence. Also Government Securities payable in June 1701 
amounting to seventy eight thousand seven hundred and twenty 
pounds fifteen shillings which with the interest of Four thousand 
nine hundred ninety seven pounds six shillings and nine pence paid 
thereon amounts to Eighty three thousand seven hundred eighteen 
pounds one shilling and nine pence. Also Government Securities 
payable in June 1762. amounting to thirty eight thousand nine 
hundred sixty four pounds seventeen shillings and three pence 
which with the Interest of seventeen hundred and four pounds 
three shillings and one penny paid thereon amounts to forty thou- 
sand six hundred and sixty nine pounds and four pence, all which 
sums amount to One hundred forty five thousand, nine hundred 
sixty seven pounds eleven shillings and three pence, Avliich several 
Securities we have seen burnt and consumed to Ashes. 
Eead and 
Ordered that this Report be accepted. [Passed JVovember 27. 



CHAPTER 196. 

Legislative ORDER ACCEPTING THE ACCOUNT OF THE GUARDIANS OF MASHPEE 
Records of the tnhta-WS 

Council, xxiv., IJNUlAINb. 

154. Mass. 

xxxiH.^ik ^^ Account of the Guardians of the Mashpee Indians signed 

'^j^_ Nympas Marston was laid before the Court for allowance, upon 

Arciiives, which the following Order passed viz' 

xxxni.,177- -n 1 T 

184. House Kead and 

ppl^iJf.^'i.^s. Ordered that this Account be allowed and that tlie Ballance 

Province thereof being Nineteen pounds three Shillings and three pence 

chap!'76jiibte. ' The Said Guardians are further Accountable for. \_Pa&8ed Novem- 
ber 27. 



[2d Sess.] Province Laws {Resolves, etc.). — 1761-62. 81 



CHAPTER 197. 

ORDER ALLOWING £9. 9 TO HENRY ROGERS. 

A Petition of Henry Rogers of Harwich Setting forth That Legislative 
He was a Soldier in the Pay of the Province in Cap' Wests Com- councif, xxiv^, 
pany in 1760, and was made np in the said Captains Roll accord- ^rchwes?' 
ingly ; but that to his great surprize when he applied to the Treasurer ixxx., 49.' 
for his Pay he found the Roll was signed with his name, but not by Mass. 
himself or any other person by his order, by which means he is pre- l^x^x!7||.' 
vented receiving his Just due. And Praying Relief. naTpi/m^iei 

Read and 

Ordered that the Sum of Nine pounds Nine Shillings be paid out 
of the publick Treasury to the Petitioner in full for his Wages men- 
tioned, [Passed November 27. 



CHAPTER 198. 

ORDERS ACCEPTING REPORT OF COMMITTEE ON COMPLAINT OF CHAP- 
PAQUIDIC INDIANS AND APPOINTING A COMMITTEE TO PROSECUTE 
TRESPASSERS ON THE LANDS THEREOF. 

The Committee appointed to hear, consider and report upon the Legislative 
Complaints of the Chapaquidic Indians arrived at Edgartown the councif, xlivf, 
21^*^ of August 1761, the same day took the names of the English iq^- 
Settlers upon the Island Chapaquidic, & notified them; the Indians House Jour- 
and their Guardians to attend your Committee the next day in the province'"" 
Court House at Edgartown; The Committee attended accordingly; ^^^/'jogV |^|{ 
but the day proving very stormy the Parties did not attend: The 706, chap.' 319.' 
Committee adjourned to the next monday at three of the Clock P :M : 
and gave notice of the same to all concerned. 

In the forenoon of said Day two of your Committee went over 
to said Island, and viewed the English Settlements made thereon, 
and the Trespasses there committed ; whilst one of your Committee 
searched the Records of Deeds for said County, in Order to lay before 
your Excellency and Honours the names of the several Grantors and 
Grantees since the 16"^ day of December Anno Domini 1715; the 
Quantity of Land purchased, the Purchase consideration; and when 
the same was purchased; when and in what Books recorded: All 
which is annexed to and made part of this Report. In the After- 
noon of the same day, your Committee met at the Court House to 
hear the Parties ; and they were heard upon all matters and Things 
committed to our consideration, on that Day and the Day after : and 
upon the whole your Committee report as follows. 

That there was formerly a very great controversy between the 
English and Indians, relative to the Lands at Chapaquidic : That 
for a final Settlement of the same; on the SC^ of October 1713, 
their Sachem of Chapaquidic and the Indians on the one part; and 
the English Proprietors and Inhabitants of the Town of Edgartown 
on the other part, mutually agreed, desired and empowered his 
Excellency Governor Dudley; the Honourable William Tailer Esq'^ 
Lieutenant Governor; the Honourable Samuel Sewall, Penn Town- 
send and John Gushing Esq" then of his majesty's Council, to 



82 Province Laws {Resolves, etc.). — 1761-62. [Chap. 198.] 

settle and determine all their controversies and Disputes, touch- 
ing and concerning the Claim, Interest and Improvement, Eight, 
Title and Possession of and in said Island of Chapaquidic, and 
the neck thereto adjoining, commonly called memenshau; who (to 
use the words of those very respectable Gentlemen) took upon them 
the Arbitrament, being willing absolutely to determine and make 
a final Issue of, and amicably to adjust all their Differences, dis- 
putes and Contests; having fully heard, and understood the Pleas, 
Pretensions and Allegations of both Parties by their Attornies and 
Substitutes respectively, and perused, examined and deliberated on 
all Grants, Papers, Matters and Things disclosed or produced by 
either Party, as the cause of their Variance, did on the 16"' day 
of December 1715, make, publish and declare in Writing under 
their Hands and Seals, deliver'd in Presence of the Honourable 
E: Hutchinson and John Appleton Esq" then of his majesty's 
Council their Award and Determination between said Parties con- 
cerning the Premisses in manner and Form following. That is to 
say. 

Imprimis, We Award and determine, that the English Inhabit- 
ants of Edgartown, who long since purchased the Soil of the said 
Tract Memenshau, shall have, and hold and enjoy the same to 
them, their heirs and Assignes forever, as a good Estate of Inher- 
itance in Fee simple according to their several Eights, Purchases 
and Possessions for all Times past, saving thereout unto the said 
Secknout's son one eleventh Part or two two and thirtieth Shares 
thereof. 

Secondly, We award, that the said Indian Sachem Secknout and 
his People and their Posterity shall forever hereafter jointly hold, 
possess and enjoy the Soil of Chapaquidic aforesaid, to be never 
alienated, sold or conveyed away in whole or in Part without the 
consent of his majesty's Government of the Province of the mas- 
sachusetts Bay. 

Thirdly, That the said English Inhabitants of Edgartown afore- 
said shall have, and hereby are established in the Eight of mowing 
the Saltmarsh or Meadows at all Times hereafter, as they had for- 
merly enjoyed, saving unto the said Indian Sachem and People the 
Uplands and the Wabsquau Grass for their Horses, and the Eeles 
of their Matts, they paying one shilling an acre annually to the 
Indian Sachem and his heirs as an Acknowledgment for the same. 

Fourthly, That the Winter Herbage of the said Island of chapa- 
quidic shall be held and enjoyed in common by the said English 
and Indians as stinted for the number of great cattle, Goats and 
Sheep, to be brought on the 20"' of October and taken off the 25"' 
of March Yearly; the said English Owners paying unto the said 
Sicknout and his People the fifteenth Goat & for every fatted Beast 
one shilling and six pence Current money of new England Annually. 

Lastly. That the Number of English great Cattle, shall not 
exceed one Hundred, the said Sachem Sicknout and his Indian 
People having the like Liberty of keeping one hundred great Cattle 
or an Equivalent number of Goats, Sheep and Horses, if either the 
English or Indians see Cause; five Sheep or Goats to be accounted 
in lieu of one Cow, and one Horse instead of two great Cattle; 
and that the said Indian Sachem Sicknout shall Yearly chuse a 
suitable Person to take an Account and make an Entry of the 
Cattle that shall be put on the said Island according to this our 
award; and that the Wood growing thereupon be secured for the 



[2d Sess.] Province Laws {Resolves, etc.). — 1761-62. 83 

Indians Use, being not to be sold or transported off the said Island 
upon any Pretence whatsoever. In Witness whereof We have here- 
unto set our hands and Seals this sixteenth day of December Anno 
Domini 1715 Annoqui Eegis Georgii magna Britania? et Secund^e. 

J Dudley and a Seal 
W*" Tailek and a Seal 
Sam^ Sewall and a Seal 
Penn Towxsexd and a Seal 
John Gushing and a Seal 
Signed, Sealed & Delivered in Presence of Us 
E Hutchinson. 
John Appleton. 
Which final Determination of their's was in council the 19* of 
the same December read and approved, and sent down for concur- 
rence, attested Samuel Woodward Secretary; and on the 20''^ of 
said December concurred by the Honourable House of Eepresenta- 
tives and consented to the same day. Recorded in the Records of 
the General Court, and in the Records of Land for the County of 
Dukes County: Which Settlement your Committee is fully of the 
opinion, ought to be binding upon both Parties; but a Number of 
the English have been, and are of another Mind, and have broke 
thro said Settlement, in open contempt of the same, and the Order 
of the Great and General Court thereon, and the Laws of this 
Province in that case made and provided, have since said Settle- 
ment without any leave or License erected nine Houses upon the 
Indians Lands there; have made upwards of sixty Purchases of 
Land, containing by Estimation two Thousand acres or more of 
great Value, and for very trilling inconsiderable considerations; 
have cut and carried off more than five hundred Cords of Wood; 
put on by far more Cattle than by said Settlement they were 
allowed to do, and kept them on much longer, have not paid them 
the one shilling and six pence for every fatted Beast thereon, nor 
the fifteenth Goat agreeable to said Determination; and that even 
their planting Rights which their Ancestors held and possessed 
beyond the memory of man, are taken from them; and that when 
they looked for Judgment they found no Relief; two of their Guar- 
dians being Purchasers or Possessors of the Lands which your Com- 
mittee apprehend belongs to the Indians; and thus have had no 
help from them, as justly might have been expected, but quite the 
contrai'y ; numbers of Actions being brought against said Indians, 
tried by one of the Guardians Purchaser as aforesaid, whose Judg- 
ment hath led him to bind them over to the Inferior Court or to 
give against said Indians; large Bills of Cost have been the conse- 
quence, paid either by more Lands being sold, or the Indians bound 
out to go on Whaling Voyages, or other Services. 

These are the principal Grievances, that the poor Indians at 
Chapaquidic, or that are Proprietors there have and do labour 
under, and which ought to be redressed. Wherefore, 

We humbly propose, That this Court would be pleased to author- 
ize, direct and impower some meet Person or Persons to prosecute 
the Trespassers : those that are in Possession of the Indians Lands 
as aforesaid, and those that are indebted to them, in Consequence 
of said Determination, and Order of Court; and that in Faithful- 
ness to said Indians, the Actions brought as aforesaid might origi- 
nate in the County of Barnstable, where by Law all Appeals from 
the Inferior Court in Dukes County are tried; And also that the 



84 



Province Laws ( Resolves ,etc.). — 1761-62. [ Chap . 199.] 



same Person or Persons be fully impowered and directed to prose- 
cute from time to time any Person or Persons that shall hereafter 
presume to cut, or carry off any more of the Wood on the Island 
Chapaquidic, reserved as beforementioned, or that shall purchase 
any more of said Lands there: And that the Indians Inhabitants 
on said Island in Number 65, besides a number of Proprietors, not 
residing there, that their Interest on or arising from said Island, 
for the future, be improved for their Benefit, in such Way and 
manner, and by such Persons as your Excellency and Honours shall 
Judge best; (two of the present Guardians being excused from that 
Trouble.) 

All which is humbly submitted 

(Signed) W'" Brattle by order of the Committee 

In Council Read and Accepted. And 

Ordered That William Brattle Escf with such as the honourable 
House shall join be a Committee to prosecute the Trespassers on 
the Indian Lands at Chapaquidic, and those who are in possession 
of their Lands, and also those that are indebted to them in conse- 
quence of a determination and order of Court of the 19'^ and 20*'^ 
of December 1715; and that the said Committee be also impowered 
and directed to prosecute from time to time any Person or Persons 
that shall hereafter cut or carry off any more of the Wood on the 
Island Chapaquidic reserved by virtue of the determination and order 
aforesaid, or who shall purchase any more of their said Lands. And 
it is further 

Ordered that all such Actions shall be originally brought in the 
County of Barnstable where by Law all Appeals from the Inferior 
Court in Dukes County are tried: and the Justices of the Inferior 
Court of common Pleas for the County of Barnstable are hereby 
fully authorised and impowered to take cognizance of hear and try 
all such Actions, to give Judgment therein and Award execution 
thereupon. 

In the House of Eepresentatives Read and Concurred and M"" 
Speaker and Thomas Foster Esq"" are joined in the Affair. [Passed 
November 27. 



CHAPTEK 199. 



ORDER ALLOWING £3.4 TO JOS: GRAVES. 



Legislative 
Records of the 
Council, xxiv., 
143. Mass. 
Archives, 
Ixxx., 4.1. 

INIass. 
Archives, 
Ixxx., 44. 
House Jour- 
nal, p. 15(i. 



A Petition of Joseph Graves Setting forth That being a Soldier 
the last year in the Pay of the Province, was taken sick on his way 
home, and continuing sick at a public House for fourteen days was 
obliged to sell his Blanket and every thing he had with him except 
necessary Cloathing to bear his expences, and on his return home 
continued sick all the Winter, and at length lost the sight of one 
of his Eyes, and Praying an allowance. 

Read and 

Ordered that the sum of three pounds four shilling's be paid out 
of the publick Treasury to Joseph Buckminster Esq' for the use of 
the Pef in full. [Passed November 28. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1761-62. 85 

CHAPTER 200. 

VOTES ALLOWING £60 AND A FURTHER SUM OF £22. 14. 8 TO ROB^ BALLS. 

A Petition of Robert Balls Keeper of the Light House Praying Legislative 
an Allowance for his last Years service in that capacity, his 28'''' councif, xiiv^, 
Year therein expiring the 10^'' Instant. And further praying an ^s. Mass. 
Allowance of the sum of £22.14.8 which he hath disbursed for ixvi., lei! 
Firewood for the benefit of the Light. Mass. ~' 

[Read and] _ t^^^_ 

Voted, That the Sum of Sixty Pounds be allowed and paid out House Jour- 
of the publick Treasury to the Petitioner for his Services in tak- '^^'PP- ' ^ 
ing Care of the Light House, ending the 19*'' Day of November 
1761. Also, 

Voted, That the further Sum of Twenty two Pounds fourteen 
Shillings and eight Pence, be allowed and paid the Petitioner in 
full of his account for Fire-wood expended for the Benefit of the 
Lights during that Time. {^Passed November 28. 



CHAPTER 201. 

VOTE ALLOWING £2. IG. 10 TO JOS : BENSON. 



A Petition of Joseph Benson of Mendon Setting forth That Legislative 
in the Year 1759 he was chosen Constable and had committed to council, xxiv., 
him a rate or Tax to collect amounting to £102 assessed upon Archiv^esfxiv., 
the People called Quakers in the said Town, that soon after the 240- 
Tax was committed to him, he received directions from the Gen- Mass. 
eral Court not to proceed in collecting the said Tax until further 239?'^Hou8e*^"' 
order; that when he had received such further order he proceeded 9{''\52'^''^'^o^''' 
to collecting the money, and did accordingly receive the same; ince Laws, ly., 
excepting as follows viz* of Benjamin Thayer £1.9.5 of Job Hardy 491,' chap'. lie.' 
£1.7.5 of Samuel Basset 13/8 of Daniel Southwick £1.9.5 of Ben- 
jamin Cook £1.7.5 and Daniel Cook £1.7.5. That in the interval 
of the two orders aforesaid, Benjamin Thayer died leaving no Estate, 
and Job Hardy and Daniel Southwick quitted the Province leaving 
no Estate, nor have the two Cooks or Bassett any Estate whereon 
to levy the Tax. And Praying that he may be acquitted of the sev- 
eral sums beforementioned, 

Read and 

Voted that The sum of 29V ^^ The Tax Laid on Benjamin Thayer 
& the sum of 27V ^ The Tax Laid on Job hardy in the whole two 
Pound Sixteen shillings & Ten Pence be allowed & Paid out of 
the Province Treasury to the Petitioner Joseph Benson & that 
Said Sum be p<^ to m"" Nathaniel Nelson For the use of the Peti- 
tioner. [^Passed November 28. 



86 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 202-20-4.] 



Legislative 
Records of the 
Council, xxiv., 
Ib9. Mass. 
Archives, 
Ixxix., 793. 

Mass. 
Archives, 
Ixxix., 792. 
House Jour- 
nal, p. 156. 



CHAPTEE 202. 

ORDER ALLOWING £4 TO NATHANAEL STOW. 

A Petition of Natlianuel Stow of Framingliam Setting forth 
That he was a Soldier in the pay of the Province in 1760, in Cap*- 
Jones's Company: that after the Eecluction of the Enemy's Coiin- 
try he was sent off with other Invalids and attempted to return 
home on foot, but finding himself unable, he hired a man and 
horse to bring him home, and continued sick for seven weeks after 
his return. And Praying an allowance. 

Read and 

Ordered that the sum of four pounds be paid out of the publiek 
Treasury to Eliphalet Pond Esq'' for the Use of the Pef in full. 
\_Passed November 28. 



CHAPTER 203 



ORDER ALLOWING £7. 10. 6 TO ISAAC FRAZER, 



A Petition of Isaac Erazer Setting forth That He was a Sol- 



Liegislative 

Records of the . it^ p \ x^ ■ • -, ^ ^ -^ t • -> ^ 

Council, xxiv., dier 111 the Pay oi the Province in 17(30, and was dismissed the ser- 
An-hi^ves,'*' vice at Crowii Point the 18^'' of November, bringing the Small Pox 

Ixxx., 23.' 



Mass. 
Archives, 
Ixxx., i-l. 
House Jour- 
nal, p. 149. 



home with him which confined him to the House forty days, and 
for nine weeks afterwards he was unable to do any business, thereby 
occasioning him great Expence. And Praying an Allowance. 

Read and 

Ordered that the Sum of Seven Pounds ten Shillings and Six 
pence be paid out of the publiek Treasury to Tho's Morey Esq'' for 
the Use of the Pef in full. \^Passed November 28. 



CHAPTER 204 



ORDER ALLOWING £-'). 10 TO ISAAC WHEELER, ADM^. 



Legislative 
Records of the 
Council, xxiv., 
170. 

House Jour- 
nal, p. 162. 



A Petition of Isaac Wheeler Administrator of the Estate of 
Isaac Wheeler late of Maiden deceased Setting forth That the 
said Isaac, his Father went into the Service in the Year 1760 and 
upon his return home broke out with Small Pox and died. And 
praying an Allowance for the expence occasioned thereby. 

Read and 

Ordered That the sum of Eive pounds ten shillings be paid out 
of the Public Treasury to M' Ezra Green for the use of the Peti- 
tioner in full. \^Passed November 28. 



[2d Sess.] Province Laws {Besolves, etc.). — 1761-62. 87 



CHAPTER 205. 

VOTE IMPOWERING ELIS^ KENNEY, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Elisabeth Keimev of Chatham Administratrix of Legislative 

, Kscords of Lii6 

the Estate of John Kenny deceased. Setting forth Tliat the said council, xxiv., 

deceased's personal Estate is insufficient to pay his debts, and the h^ . 

Real Estate consists of one-half an old dwelling House and about na°"p®iei"^ 
three Acres of Land apprized at £36 that the Rents of the House Province 
will not keep it in repair, and the deceased left only one Child now chapf'io.' " ' 
about five Years of age. And Praying liberty to sell the same. 

[Read and] 

Voted That the Prayer of the witliin Petition be so far granted 
as that the Petitioner in her said capacity of Administratrix be and 
hereby is authorized and impowered to make sale of the House and 
Lands mentioned for the most the same will fetch, to make and ex- 
ecute a good and sufficient deed or deeds of conveyance thereof ; She 
observing the directions of the Law respecting the Sale of Real 
Estates by Executors and Administrators and giving sufficient cau- 
tion to the Judge of Probate for the County of Barnstable, that 
the produce arising by such Sale shall be applied for the purposes 
mentioned in said Petition, and the Overplus (if any there be) she 
be accountable for agreeable to Law. [Passed November 28. 



CHAPTER 206. 

ORDER ALLOWING £8. 12 TO CAP' SAM'' GEORGE. 

A Petition of Samuel George Setting forth That He was a Legislative 
Captain in the Pay of the Province in CoP Bagley's Regiment in counclf *xx\v! 
1759. That being discharged late in the Season, the Vessel he was i7i. jvia'ss. 

• en o ' A.rcniVGS 

m was blown off the Coast and arrived at Antigua, where he had ixxx., 47.' 
the Yellow Fever, and continued sick the whole of his passage Mass. 
home and for more than five weeks afterwards, and that he hath ^^x'^le' 
been ever since in such a low state of health as to be incapable of House Jour- 
business, And Praying an allowance, ^^^' *'' ^^^' 

Read and 

Ordered that the Sum of Eight pounds twelve Shillings be paid 
out of the publick Treasury to Thomas Rowell Esq'' for the use of 
the Petitioner in full. [Passed November 28. 



CHAPTER 207. 

VOTE IMPOWERING EDW" BACON, GUARDIAN, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Edward Bacon of Barnstable, Guardian to Na- Legislative 
thanael, Abigail and Hannah Lewis, all Minors and Children of counclf, °xxu-^, 
Nathanael Lewis late of Barnstable deceased. Setting forth That ni. 



88 



Pkovince \uAw% {Resolves, etc.). — 17G1-62. [Chaps. 208, 209.] 



House Jour- 
nal, p. 161. 
Province 
Laws, ii., 151, 
chap. 10. 



they the said minors together with their Sister Elisabeth uow married 
now hold their said Fathers Estate consisting of Buildings mostly, 
which are daily going out of Eepair. That the said Nathanael is 
but fourteen Years of Age and not in a capacity of getting the 
whole settled upon him, and it is too small to be divided among 
them all. And Praying Liberty to sell the said Estate, as also sev- 
eral small pieces of Land left them by their Grand Father Ebenezer 
Lewis Esq"' deceased which do not exceed three or four Acres in the 
whole. 

[Eead and] 

Voted That the Prayer of this Petition be so far granted as that 
the Petitioner Edward Bacon be and hereby is impowered to make 
Sale of the House and Lands mentioned in said Petition for the 
most the same will fetch and to execute a good deed or deeds of 
conveyance thereof. He observing the rules in the Law respecting 
the Sale of Eeal Estates by Executors and Administrators and giv- 
ing sufficient caution to the Judge of Probate for the County of 
Barnstable to apply the money arising by the Sale thereof to the 
best advantage of the minors mentioned in said Petition and to pay 
them their respective dividends as they shall come of age or to their 
legal Representatives, and also duly to account for his Proceedings 
touching the Premisses. \^Passed November 28. 



CHAPTER 208. 



ORDER ALLOWING £8. 4 TO JESSE DUNTON. 



Legislative 
Records of the 
Council, xxiv., 
172. Mass. 
Archives, 
Ixxix., 701. 

Mass. 
Archives, 
Ixxix., 700. 
House Jour- 
nal, p. 156. 



A Petition of Jesse Dunton of Wrentham, Setting forth That 
he was a Soldier the last Year in the Pay of the Province and on 
his return home took the small Pox and lay sick of it between 5 and 
six weeks, the expence whereof amounted to more than his whole 
Wages. And Praying an Allowance. 

Read and 

Ordered that the Sum of Eight pounds four Shillings be paid out 
of the publick Treasury to Cap*^ Tim° Metcalf for the Use of the 
Pef in full. l^Passed November 28. 



CHAPTER 209. 



ORDER ALLOWING £170 TO SAM'- KNEELAND. 



Legislative 
Records of the 
Council, xxiv., 
173. 

House Jour- 
nal, p. 164. 
Province 
Laws, xvi., 299, 
chap. 220. 



A Memorial of Samuel Kneeland, Printer Setting forth That 
He hath by order of Court made a new Impression of the Prov- 
ince Laws and delivered out near 350 Books as directed. And Pray- 
ing he may have a sum of money advanced to him in part for said 
impression, to enable him to defrey his expences in said affair. 

Read and in answer 

Ordered That the sum of One hundred and Seventy pounds be 
allowed and paid out of the Public Treasury to the Petitioner in 
part of his Account for printing and binding said Laws. ^Passed 
November 28. 



[2d Sess.] Province Laws {Resolves, etc.). — 1761-62. 89 



CHAPTEE 210. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
BP CODMAN FOR A NEW TRIAL OF AN ACTION. 

A Petition of Richard Codman for himself and in behalf of the Legislative 
other heirs of Phineas Jones deceased Setting forth That in July councif, xx\v^, 
1737 the said Phineas then living gave his note for £118. payable ns. 
to Benjamin Colman, which note was paid as they can prove, yet House Jour- 
the said Benjamin, twenty years after the date of the said note ^'"^'PP- '■ 
endorsed the same payable to Josiah Keen Esq^ who put the same 
in suit at the Inferior Court held at Plymouth in January 1759, 
and thro negligence of one of the Executors, the said Action went 
by default against them, and Judgment was entered up against the 
Estate for £63.15.8 lawful money damage and £3.9.6 Costs to their 
grievous Loss. And Praying leave for a new Trial. 

Read and 

Ordered That the Petitioner serve Josiah Keen Esq'' with a copy 
of this Petition that so He shew cause (if any he hath) on the second 
Wednesday of the next Sitting of this Court why the Prayer thereof 
should not be granted. And Execution is stayed in the mean time. 
Provided the Petitioner give sufficient Bond to the Sheriff of the 
County of Cumberland to respond what shall finally be adjudged 
due upon this affair. \^Passed Novemher 28. 



90 Province Laws (i^esoZves, ete.). — 1761-62. [Chaf. 211.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Thirteenth Day of January, A.D. 1762. 



CHAPTER 211. 

ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO BURN GOV- 
ERNMENT SECURITIES. 

LegiBiative The COMMITTEE appointed to repair to the Treasurer's & take 

Records of the . , » i /-i ^ • • i tt i i n ^ 

Council, xxiv., an Account 01 the (rovernment Securities that He has redeemed & 
Archives^.^civ., See them burnt & Consumed to Ashes, have attended that service 

^_^ & have rec*^ of the Treasurer Government Securities payable in June 

Mass. 1757 amounting to Three hundred nineteen pounds w*^'' with the 

124. House ' Interest of Eighty pounds fourteen Shillings & three pence paid 
ib5,^vu).'^Anfe', thcreoii amouiits to Three hundred ninety Nine pounds, fourteen 
p. 14, chap. 22. Shillings & three pence also Covernment Securities payable in Octo- 
ber 1758 amounting to Two hundred sixteen pounds, six Shillings 
& three pence w''*' with the Interest of Thirty nine pounds nine 
Shillings & four pence paid thereon amounts to Two hundred Fifty 
five pounds, fifteen Shillings & seven pence. Also Government Secu- 
rities payable in June 1759 amounting to Six hundred & ten pounds, 
twelve Shillings & nine pence w*^'' with the Interest of Onehundred 
Nineteen pounds. Eighteen Shill^s & four pence paid thereon amounts 
to seven hundred Thirty pounds Eleven Shillings & One peny Also 
Government Securities pay^'** in June 1760 amounting to Twenty 
nine hundred seventy three pounds, three Shillings & five pence 
w^^ with the Interest of Three hundred seventy two pounds, four- 
teen Shillings & seven pence paid thereon amounts to Thirty three 
hundred forty five pounds Eighteen Shillings. Also Government 
Securities payable in June 1761 amounting to Thirty two thousand, 
three hundred fourteen pounds. Eleven pence w'^^'' with the Interest 
of Twenty hundred Eighty five pounds, four Shillings & six pence 
paid thereon amounts to Thirty four thousand three hundred ninety 
nine pounds, five Shillings & five pence. Also Government Secu- 
rities, that will be payable in June 1762 amounting to Fourteen 
Thousand Eight hundred & Ninety Six pounds four Shillings & 
nine pence w'^'' with the Interest of Nine hundred Twenty two 
pounds. Eighteen Shillings paid thereon amounts to fifteen Thou- 
sand Eight hundred & nineteen pounds, two Sliillings & nine pence 
all w'^'^ Several sums amount to Fifty four thousand nine hundred 
& fifty pounds, seven Shillings & One peny w*"*" Notes we have seen 
burnt & Consumed to Ashes 

J: OsisoKXE <^ Order 
Eead and 
Ordered that this Eeport be accepted. [Passed January 14. 



[3d Sess.J Province LiWf^ {Resolves, etc.). — 1761-62. 91 



CHAPTER 212. 

ORDER IN REGARD TO DAMAGES INCURRED BY LAYING OUT A HIGH- 
WAY THROUGH BOXFORD, MIDDLETON AND DANVERS. 

A Petition of xVrchelaus Fuller and Others Inhabitants of Mid- Rgforlfs^olthe 
dleton in the County of Essex Setting forth That on the Petition council, xxiv., 
of Nathanael Symonds and Others, the Court of General Sessions Archives,^^^^^" 
of the Peace for the County of Essex in September 17G0 appointed cxxi., 405. 
Epes Sergeant Esq'' and Others a Committee to lay out a Highway ^ass.^ 
througli Boxford Middleton and Danvers and estimate the damage cx^xi.,\ol'. 
done to particular persons thereby, who acted accordingly and made na^"^pa2M'28, 
return to the Sessions in December last, That the said Committee no.'ns. 
laid out the Highway aforesaid thro Middletown where two Town 
ways had been laid out in 1708, and in 171(3 by the Selectmen of 
Topsfield to which Town it then belonged, and that the same ways 
have been improved accordingly: but that the said Committee not 
knowing hereof estimated the Lands as private property, and deter- 
mined that the Town of Middleton pay to John Kellum and nine 
others £78.5.1, to recompence the damage. That none of the In- 
habitants of Middleton but those to whom the damage was allowed 
knew of these proceedings until it was too late to apply to the Ses- 
sions. And Praying Relief from this Court. 

The Committee to whom the consideration of the Petition of 
the Inhabitants of the Town of Middleton and Answer thereto was 
referred, having fully heard the Parties report as their opinion That 
the Prayer of said Petition be so far granted, as that the Court of 
General Sessions of the Peace for the County of Essex upon appli- 
cation made to them for that purpose, be authorized to revise their 
proceedings relative to the damages arising by laying out the High 
way through part of Boxford, Middleton and Danvers as mentioned 
in said Petition, and to make such Alteration therein as shall appear ■ 
to them to be just and reasonable; the said Court previously observ- 
ing the directions of the Law relating to the appointment of a Com- 
mittee to estimate the damages occasioned by laying out said way ; 
and that such Order of said Court as shall be taken therein be ac- 
counted valid, and be accordingly put in execution, any former pro- 
ceedings had in relation thereto Notwithstanding, Which is humbly 
submitted ^ Order (Signed) Sam^ Danfoktii 

Read & Accepted & thereupon 

Ordered that the Prayer of this Petition be so far granted as that 
the Court of General Sessions of the Peace for the County of Essex 
(upon Application made to them for that purpose) be Authorized 
to revise their Proceedings relative to the Damages arising by lay- 
ing out the High way thro : part of Boxford, Middleton & Danverse 
as mentioned in said Petition, and to make such Alteration therein, 
as shall appear to them to be Just and reasonable; The said Court 
previously observing the directions of the Law, relative to the ap- 
pointment of a Committee to estimate the Damage occasioned by 
laying out said Way; and that such order of said Court as shall be 
taken therein be accounted valid & be accordingly put in Execu- 
tion, any former Proceedings had in relation thereto Notwithstand- 
ing. [Passed January 15. 



92 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 213-2 15.] 



Legislative 
Records of the 
Council, xxiv., 
182. Mass. 
Archives, 
Ixxxviii., 121. 

House Jour- 
ual,pp.l3(), 173, 
174. Province 
Laws, iv.,449, 
note. Ante, 
p. 53, chap. 
125. 



CHAPTEK 213. 

ORDER IN REGARD TO LOTTERY FOR REPAIRING CAUSEWAY ON WEST- 
ERLY SIDE OF SUDBURY RIVER, ETC. 

Ordered That if any of the Tickets in a Lottery for the repair- 
ing the Causeway on the westerly Side of Sudbury River & for 
building a Bridge over said Eiver shall remain unsold at the time 
that may be set by the Managers of said Lottery for drawing the 
same: Samuel Parris the Treasurer of the Town of Sudbury shall 
take such Tickets; the Profits of which shall be applied towards 
repairing the Causeway & building the Bridge aforesaid & from 
time to time keeping the same in repair; & if there be any Loss, 
it shall be made good out of the Clear Profits arising by said Lot- 
tery and the Tickets so remaining shall by the Managers be deliv- 
ered into the hands of s'^ Treasurer some time before they begin 
to draw. Provided always, that the neat proceeds or Profits of said 
Lottery shall not hereby be Less and more than five (|> C of the 
whole the vote of this Court of the 19* Nov last or any thing 
therein contained to the contrary notwithstanding. \^Fassed Jan- 
uary 16. 



CHAPTER 214. 



ORDER ALLOWING £8 TO PAT^ BULKLEY. 



Legislative 
Records of the 
Council, xxiv., 
183. Mass. 
Archives, 
Ixxx., 66. 

Mass. 
Archives, 
Ixxx., 64. 
House Jour- 
nal, p. 174. 



A Petition of Patrick Bulkley Setting forth That in the Year 
1757 he served as a Soldier in the jsay of the Province and was at 
Fort William Henry when taken by the Enemy where he underwent 
great Hardshij)s: that upon his return from that Campaign he in- 
listed aboard the Province Snow Prince of Wales Cap' Dowse in 
which he was taken and afterwards sent to France, and remain'd 
a Prisoner there 'till March 1758. and returned home in December 
last And Praying an Allowance. 

Read and 

Ordered that the Sum of eight pounds be allowed and paid out 
of the publick Treasury to the Pef in full consideration for his 
Sufferings in captivity mentioned. ]_Passed January 18. 



CHAPTER 215. 



ORDER ALLOWING £8 TO JN« BULMAN. 



Legislative 
Records of the 
Council, xxiv., 
183. Mass. 
Archives, 
Ixxx., 29. 

Mass. 
Archives, 
Ixxx., 27. 
House Jour- 
nal, p. 174. 



A Petition of John Bulman of Boston mariner Setting 
forth That in the year 1757. He served as a Soldier in the Pay 
of the Province and was at Fort William Henry when taken by 
the Enemy and underwent great hardships : that upon his return 
he inlisted on board the Province Snow Prince of Wales Cap* Dowse 
in which he was taken, and afterwards sent to France, where he 
remained a long time in Captivity. And Praying Relief. 

Read and 



[3d Sess.] Province Laws (Besolves, etc.). — 1761-62. 93 

Ordered that the sum of Eight pounds be allowed and paid out 
of the publick Treasury to the Petitioner in full consideration for 
his Sufferings in Captivity mentioned. [Passed January 18. 



CHAPTER 216. 

ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

In the House of Eep"*^ Legislative 

The House entred into the consideration of the Pet°' of Sick couadf, xilv^, 
and Wounded Sold" And passd the following Votes Viz Archivfs^' 

Ordered that the Sum of £3.3.4 be paid out of the publick Treas- ixxx., loo'. 
ury to Joseph Gerrish Esq*" for the Use of Mark More in full. Mass. 

To Cap' Henry King £5.18.4 for the Use of David Stone in full, ^'i.^fj^^ltjo ttt 

To M^ Thomas Lancaster £1.13.4 for the Use of Beni^ Cromey ^^^f^^'^^v'V- 

m lull. 85. House 

To M-- Thomas Lancaster £0.15.0 for the Use of Thomas Pike Journal, p. m. 
in full. 

To Cap^ Ebenezer Sprout £1.08.8 for the Use of Nath' Jackson 
in full. 

To Cap Ebenezer Sprout. £2.12.1 for the Use of Annis Dunham 
in full 

To Cap Edward Davis £1.15. (J for the Use of David Town Jun' 
in full. 

To Cap Solomon Wood £8.2.0 for the Use of Reuben Coonies in 
full 

To Thomas Clap Esq' £7.13.0 for the Use of the Select Men of 
the Town of Scituate in full. 

In Council Read & Concurred. [Passed January 19. 



CHAPTER 217. 

ORDER IMPOWERING JER. BAILEY, EXECUTOR, TO SELL AN ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Jeremiah ' Bayley of Haverhill, Executor of the Legislative 
last Will and Testament of Ebenezer Burbank late of Bradford g^u^c*if, xx*i^^, 
deceased Setting forth That he was impowered by the Will of the i84- 
said Testator to sell so much of his Real Estate as would be suffi- House Jour-^ 
cient to pay his debts and Legacies; that he hath already sold part, province ^''^'^' 
and finds there will be but little left except an old house and barn \^^%o "• ^^^' 
much out of repair, and as the heirs are young, the eldest but 16 
years of Age, it is judg'd best to sell the whole, and improve the 
overplus at interest for the benefit of the said Heirs. And praying 
leave to sell the same accordingly. 

[Read and] 

Ordered That the Prayer of the above Petition be so far granted, 
That the Petitioner Jeremiah Bailey in his said Capacity of Exec- 
utor be and hereby is fully authorized to make sale of the seven 
Acres and buildings standing thereon mentioned in said Petition 
for the most the same will fetch he observing the Rules of the Law 
relating to the sale of Real Estates by Executors and Administra- 

^ The House Journal, pp. 171, 172, reads, '^Jeremy." 



94 



Province IjA\vr^ (Besohes, etc.). — 17 CA-G2. [Chaps. 218-220.] 



tors, he giving sufficient caution to the Jiidge of Probate for the 
County of Essex that the money arising by the sale thereof shall 
be faithfully applied to the payment of the just debts of the Tes- 
tator and the overplus (if any there be) be put out to interest for 
the benefit of the heirs of Ebenezer Burbanks deceased mentioned 
in said Petition, and their respective proportions be paid to them as 
they shall come of Age to receive the same. [Passed January 19. 



CHAPTER 218 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL 

COUNTY. 



Legislative 
Records of the 
Council, xxiv., 

185. 

House Jour- 
nal, pp. 10, 178. 



An Account of Kobert Luscomb Treasurer for the County of 
Bristol being laid before the Court for Allowance. 

Read and 

Ordered That the within Account be allowed, and that the within 
named Treasurer be discharged of the sum of Ninety five pounds 
six shillings and seven pence. And that he be further accountable 
to said County for the ballance being Thirty two pounds eleven 
shillings and six pence. [Passed January 19. 



Legislative 
Records of the 
Council, xxiv., 
18.5. Mass. 
Archives, cxx., 
403. 

Mass. 

Archives, cxx., 
402. House 
Journal, p. 174. 



CHAPTER 219. 

ORDER GRANTING TO JN" M-^WHORTER LICENCE TO RETAIL STRONG 

DRINK. 

A Petition of John M'^Whorter of Taunton Setting forth That 
lie hath obtained the approbation of the Selectmen of Taunton to 
be a Retailer of Spirituous Liquors, but that the Court of General 
Sessions of the Peace will not sit in the County of Bristol for grant- 
ing Licenses until September next. And Praying that the said Court 
may be impowered at tlieir Adjournment in February next to grant 
him a License for the purpose aforesaid. 

Read and 

Ordered that the Justices of the Court of Gen' Sessions of the 
Peace for the County of Bristol be and hereby are Impowered at 
their adjournment on the first tuesday of Feb^ next to grant the 
Pef a Licence to retail strong Drink in his Dwelling House in 
Taunton (if they see cause) the time for granting Licences being 
elapsed notwithstanding. He having already obtained the approba- 
tion of the Select Men of the Town of Taunton for that purpose. 
[Passed January 19. 



CHAPTER 220 



ORDER IMPOWERING SAMUEL LOCKE AND JOSHUA FAIRBANKS, GUAR- 
DIANS, TO SELL LANDS. 

Refords'of the ^ PETITION of Samucl Lockc and Joshua Fairbank, Guardians 
Council, xxiv., of Dorothy, Eunice and Luke Richardson of Lancaster, Minors 
— '■ Praying liberty to sell a Pasture of about twenty four or five Acres 



[3d Sess.] Province Laws {Resolves, etc.). — 1701-62. 95 

lielouging to said Minors ; the prayer of which Petition was granted Rec*r*d"Tth 
Ijy the House of Representatives the 25*'' day of June last, but Non- Councu, xxiv., 
concurred by the Board on the 27^'' Journai'^pp 83 

[Read and] 84.i'j- 'I'roy.' 

T- , 7 mi -" ^1 1 • J A 1 ince Laws, 11., 

T oted That the same be revived. And isi, chap. lo. 

Ordered That the Prayer of this Petition be granted, and that 
the Petitioners be, and hereby are authorised and impowered in 
their said capacity of Cluardians to make Sale of the Lands therein 
mentioned for tlie most the same will fetch, and to execute a good 
deed or deeds thereof in Law, they observing the directions of the 
Law relative to the sale of Real Estates by Executors and Admin- 
istrators and giving sufficient caution to the Judge of Probate for 
the County of Worcester to account for the proceeds of such Sale 
agreeable to the directions of the Law. \^Passed January 19. 



CHAPTER 221. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF HAMPSHIRE 

AND ALLOWING 12/ FOR THE EXPENSE THEREOF. 

The Commiittee appointed to farm out the duties of Excise on Legislative 
Tea, Coffee and China ware in the County of Hampshire for the cotmcif,*xxh-^ 
year IT'Jl, reported that they had sold the same to Captain George is'?- 
Pynchon for the Sum of Forty pounds. And Praying allowance for House .)our- 
their Service twelve shillings. ^M^.^'/laV'- 

Read and Accepted And chap'. 139. ' 

Ordered That the sum of twelve shillings be allowed and paid 
out of the Public Treasury to the Committee for their service in 
tliis Affair. [^Passed January 20. 



CHAPTER 222. 

ORDER IMPOWERING NATH'- HARRINGTON, GUARDIAN, TO CONVEY 
MINORS TITLE AND INTEREST IN AN ESTATE. 

A Petition of Nathanael Harrington of Watertown, Guardian Legislative 
of his Infant Children, Nathanael, Peter, Mary, Charles and Cath- ^^S", xxu":, 
arine Harrington, by his late Wife Mary, daughter of John Kim- ^ ^^- 
ball late of AVatertown, yeoman deceased. Setting forth. That the House Jour- 
said John Kimball by his last Will gave to his said Daughter Sev- ^'•''■Pi'-i'^.i^o- 
enty pounds lawful money to be paid to her or her heirs by his Son 
John Kimball within four years after the said Testators death. Pro- 
vided She or her Heirs released to the said John all her right in her 
Grand father Uriah Clarks Estate. That the Testator died on the 
1 January 1758; and his said daughter on the 15 day of July 1760, 
without releasing her said Right; whereby the same descends to her 
said Children, wlio being Infants cannot release their Right, and 
the youngest of them is but three years of Age, which renders the 
doing of it very remote. And Praying that he as Guardian aforesaid 
may be impowered to release his said Childrens Right in the said 
L^riah Clarks Estate upon payment of the money aforesaid for their 
Use. 



96 Province 1jA\\& {Resolves, etc.) . — 1761-62. [Chaps. 223, 224.] 

Eead and 

Ordered That the Prayer of the within Petition be granted, and 
that the Petitioner Nathanael Harrington in his Capacity of Guar- 
dian to his Infant Children within mentioned is hereby impowered 
in the name and behalf of the said Infants to make and execute in 
due form of law a conveyance of the said Infants title and interest 
in the Real Estate of Uriah Clarke, their deceased Grand father to 
their Uncle John Kimball in as ample manner as if the said Mary 
their deceast mother was living and joined in the same with tlie 
Petitioner her Husband. [Passed January 20. 



CHAPTER 223. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF WORCESTER 
AND ALLOWING 19/ 6 FOR THE EXPENSE THEREOF. 

Legislative The COMMITTEE appointed to farm out the Duties of Excise on 

Records of tlie m r< «> n r^^ • itt • , ^ r^ i. it^ a i 

Council, xxiv., lea, Cottee and China Ware m the County or Worcester tor the 

^?^^ year 17G1, reported That they had sold the same to William Jeni- 

nai^ppasMss. ^°^ ^^ Mendon for Thirty pounds, And prayed allowance of their 
fhh' ^i^^' expences nineteen shillings and six pence. 
Read and Accepted, And 

Ordered that the sum of nineteen shillings and six pence be paid 
out of the Public Treasury to the Committee for their service in 
the Affair. [Passed January 21.^ 



chap. 142. 



CHAPTER 224. 

ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

B5l^!fc"''*.v,. In the House of Rep^<^^ 

Records of the , . \ . »i-r-. co-i 

Council, xxiv., ihe House entred into the consideration oi the ret"^ oi Sick and 

Archiv^sT" wounded Soldiers and the following Votes passd. Viz 

ixxx., 107. Ordered that the Sum of £5.8.10 be paid out of the publick 

Mass. Treasury to Elisha Jones Esq"" for the Use of James Clark in full. 

Archives 

ixxix.,489,732; To Jauics Fowle Esq"" £3.12.0 for the Use of Zechariah Brooks 

Ixxx., 34, 86, 88. :„ ^„n 
House Jour- '■"■ ^^^^^ 

nai, p. 182. To Cap* Ebenezer Thayer £2 for the Use of Caleb Dunham in 

full. 

To Thomas Rowell Esq"" £3.10.4 for the Use of Thomas Clark in 
full 

To Artemas Ward Esq'' £1.18.1: for the Use of Joseph Arnold in 
full. 

To Joseph Buckminster Esq'' £1.0.3 for the Use of Robert M'^far- 
land in full. 

In Council Read & Concurred. [Passed January 21. 

> This date is according to the House Journal ; according to Legislative Records of 
the Council the date is January 20. 



[3d Sess.] Province Laws (Besolves, etc.). — 1761-(52. 97 



CHAPTER 225. 

ORDER GRANTING TO RICHARD DAVENPORT THE RIGHT TO APPEAL 
FROM AN ORDER OF THE JUDGE OF PROBATE FOR WORCESTER 
COUNTY. 

A Petition of Kichard Davenport Praying leave to bring for- Legislative 
ward an Appeal from the decree of the Judge of Probate of Wills Sen, xxh'^. 
for the County of AVorcester approving a paper purporting to be i89. 
the last Will and Testament of his Father Richard Davenport Legislative 

T T Records of the 

deceased, Council, xxlv., 

[Read and] joum"?"''' 

Ordered That the Prayer thereof be granted, and that the Peti- pp. 153, m. 
tioners have liberty to appeal to the Governor and Council from the 
Order or Sentence of the Judge of Probate therein mentioned. Pro- 
vided such Appeal be claimed within sixty days from this time ; and 
Security be given by the Appellants within ten days then next after 
to prosecute such Appeal with Effect, and Reasons of Appeal be filed 
in the Registers Office of the Court of Probate for the County of 
Worcester within ten days after security given and fourteen days at 
least before the hearing, before the Governor and Council. [Passed 
January 21. 



CHAPTER 226. 

VOTE IMPOWERING JON* CLAP, GUARDIAN, TO SELL REAL ESTATE. 

A PETITION of Jonathan Clap Guardian to Eliphalet Hodges of Refor^fg^ofthe 
Norton, a person represented non compos mentis. Setting forth council, xxiv., 

That the said Eliphalets Personal Estate is insufficient to pay his ^^ 

just Debts by the sum of £307.5. And Praying liberty to sell so ^a'lTiTs^" 
much of said Eliphalets Real Estate as is requisite to pay his just Province ^^^ 
debts, and provide for his further support. chap. 10.'' ' 

[Read and] 

Voted That the Prayer of this Petition be so far granted ; that 
the Petitioner in his capacity be, and is hereby impowered to make 
sale of so much of the Real Estate of the said Eliphalet as to pay 
the sum of £307.5 with the addition of necessary charge thereon 
arising, and to execute a good deed or deeds of Sale in the Law for 
the same, he observing the directions in the Law respecting the Sale 
of Real Estates by Executors & Administrators, and also he giving 
sufficient caution to the Judge of Probate for the County of Bristol 
for the produce of the Sale of said Lands. [Passed January 21. 



CHAPTER 227. 

ORDER ALLOWING £15. 4. 1 TO SOL^ WHITNEY. 

A Petition of Solomon Whitney of Lincoln Setting forth That ^®f^^j.^|g*of ^^e 
he served as a Soldier in the Pay of the Province at Annapolis Royall council, xxiv., 
from March 1759. to December 1760, and was made up in the Roll Archiv^es^,^' 
accordingly: but when he went to the Treasury to receive his Pay, ixxx.,96. 



98 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 228, 229.] 



Archives ^^® ^'^^ informed that one William Wilson had received it, which 

ixxx., 96.' the said Wilson denys, and the Treasurer refuses to pay the Peti- 

HoiiseJour- x- i • j 

nai,pp.i7i,i82. tioner his due. 
Eead and 

Ordered that the sum of fifteen pounds four shillings and one 
penny be paid out of the publick Treasury in full for his AVages. 
\^Passed January 21. 



CHAPTER 228. 



ORDER REMITTING TO BENJAMIN DORBY AND JOHN LISWELL £16. 10 
FINE FOR VIOLATING EXCISE LAW. 



House Jour- 
nal, p. 183. 



Legislative A PETITION of Benjamin Dorby and John Liswell ' of Boston 

Council, xxiv., Setting forth. That one Abigail Greenleaf late of Boston Widow 
^^"^- deceased had been licensed for several years to be a Eetailer of 

strong Liquors, that on the 20'^ August she renewed her License, 
and sold such a quantity of Liquors as that the Excise thereof 
amounted to £1G.10. That said Abigail was reduced by means of 
the numb palsy and the Great Fire, that She was utterly unable to 
pay the said Excise, and the Petitioners were her Sureties, who are 
also very unable to pay the said Sum. And Praying Relief. 
Read and 

Ordered That the Prayer of the Petition be granted, and that the 
Collector of the Excise for the County of Suffolk be, and hereby 
is directed not to prosecute the Petitioners for the sum of Sixteen 
pounds ten shillings due from them to the Province, but that they 
be and are hereby discharged from the same. ^Passed January 21. 



CHAPTER 229. 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF BRISTOL AND 
ALLOWING £2. 1 FOR THE EXPENSE THEREOF. 



Legislative 
Records of the 
Council, xxiv., 
193. 

House Jour- 
nal, pp. 131, 189. 
Ante, p. 60, 
chap. 143. 



The Committee appointed to farm out the duties of Excise on 
Tea, Coffee and China Ware in the County of Bristol ^ made report 
That they had sold the same to Cap' Thomas Cobb for twenty two 
pounds two shillings and taken Bond for the same, which they liad 
delivered to the Province Treasurer, and prayed Allowance of their 
charge amounting to Two pounds one shilling 

Read and Accepted and 

Ordered That the sum of Two pounds one shilling be paid out 
of the Publick Treasury to the Committee for their Service and 
expence in the affair. [Passed January 22. 

' The House Journal, p. 183, reads, ^^ Benjamin Darby and John Liscrill." 
- The House Journal, p. 189, reads, " County of York." 



[oD Sess.] Province Laws {Resolves, etc.). — 1761-62. 99 



CHAPTER 230. 

ORDER ALLOWING 40/ TO JOSEPH PRATT. 

A Petition of Joseph Pratt of Bolton Setting forth That He Legislative 
Avas a Soldier in the Pay of the Province in 1758, and was wounded counc*if xxiv!' 
in the Action at Ticonderoga and then lost his Gun his own Prop- i94- Mass. 
erty, And Praying an Allowance. ixxx!r99.' 

Read and iniTssl 

Ordered that the Sum of forty Shillings be paid out of the pub- i^^^x^^^gl' 
lick Treasury to Col° John AVhitcomb for the Use of the Pef in House Jour- 
full. [Passed January 22. ''''^' »• ^^• 



CHAPTER 231. 

ORDER CONFIRMING THE PROCEEDINGS OF THE INHABITANTS OF THE 
DISTRICT OF WESTMINSTER AT THEIR MEETINGS. 

A Petition of Joseph Miller and a number of Others, Inhabi- Legislative 

, j?TT-i'j irt 1 1 • j?,imiii' • t • Records of the 

tants 01 Westminster, Setting lortn, ihat being incorporated into council, xxiv., 

a District in 1759, They have ever since proceeded to call their ^^^' ^^°" 

Meetings by posting up notifications at the Meeting house instead ^^i^pp.'ne^iii) 

of directing a Warrant with a Seal affixed to the Constable; that i24,' i89, lod. 

this method tho : irregular liath never occasioned any difficulty among Laws, iv.,34i, 

them, saving that in September last being in like manner notified ^^^- 

to assemble in order to pass upon a Vote of the Church calling M'' 

Peter Thacher Smith to the Gospel Ministry in said District, which 

Vote of the Church was then unanimously concurred, but three of 

the Inhabitants entered their dissent, on account of the Meeting's 

not being legally warned, And Praying that their said Meetings may 

be established. 

[Read and] 

Ordered That the foregoing Petition be revived, and that the 
Prayer thereof be so far granted as that the Votes and Proceedings 
of the Inhabitants of the District of Westminster at their several 
Meetings since Nov'" 14: 1750 be, and they are hereby confirmed 
and shall be deemed valid in law, the defects in tlie manner of call- 
ing them (in said Petition mentioned) notwithstanding. Provided 
such Votes and Proceedings have been otherwise agreeable to Law. 
[Passed January 22. 



CHAPTER 232. 



ORDER ALLOWING £3 TO DAVID MILLER. 



A Petition of David Miller of Middleborough Setting forth Legislative ^ 
That his son Nathanael Miller served as a Soldier in the Pay of councif.xxiv., 
the Province at Nova Scotia and accidentally broke his Gun in the Arcw^es,^' 
Service for which there was three pounds stopped from his Wages, ixxx.,109'. 
And Praying Relief, Mass. 

Read and ^^^. 



100 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 233-235.] 



Su^vf 18*7^*^ OrfZeret/ that the Sum of three poiinds be paid out of the pub- 

ProVince ' lick Treasury to Cap'' Eben'' Sprout for the Use of the Pef in full. 
S^'^gJ'"''^*"' [Passed Jmiuary 22. 



Legislative 
Records of the 
Council, xxiv., 
195. Mass. 
Archives, 
Ixxx., 100. 

Mass. 
Archives, 
Ixxx., 100. 
House Jour- 
nal, p. 189. 



CHAPTEE 233. 

ORDER ALLOWING £3 TO JON* BURNAM. 

A Petition of Jonathan Burnam of Cap' Whipples Company 
Setting forth That He served as a Soldier in the Pay of the Prov- 
ince at Louisbourg in the year 1759. That the Transport Vessel in 
which the Company returned being overcrowded, He upon his cap- 
tains encouragement went aboard a merchant man for his passage 
home, but slie was unfortunately lost on the Isle of Sable, from 
whence he was taken off Avith Others by a Marblehead man, and 
paid ten dollars for his Passage home. And Praying Eelief. 

Read and in answer 

Ordered that the Sum of three pounds be paid out of the pub- 
lick Treasury to the Pef in full for liis Expence mentioned. [Passed 
January 22. 



CHAPTEE 234 



ORDER ALLOWING £10. 2. 4 TO THE SELECTMEN OF ANDOVER. 



Legislative 
Records of the 
Council, xxiv., 
196. 

House Jour- 
nal, pp. 94, 95n, 
185,189. Ante, 
p. 42, chap. 94. 



A Petition of Peter Osgood and Others Selectmen of Andover 
Setting forth That in pursuance of an order of Court they have 
provided a place for John Beverly, late a Soldier in the Pay of the 
Province, and made a Cripple in the Service, Avherein he might 
learn the Taylors Trade, having put him with M'' Joshua Wardwell, 
who hath engaged to instruct him in the said business; on which 
occasion they have disbursed Ten pounds two shillings and four 
pence more than they have received for the said John Beverly's 
Wages, And Praying an Allowance. 

Read and in Answer 

Ordered That the sum of Ten pounds two shillings and four pence 
be paid out of the Public Treasury to Samuel Phillips Esq'' for the 
use of the Selectmen of Andover to respond the Expence in this 
Petition mentioned. [Passed January 22. 



CHAPTEE 235 



ORDER ADJOURNING THE COURTS OF HAMPSHIRE COUNTY. 



Legislative 
Records of the 
Council, xxiv., 
196. 

House .Jour- 
nal, p. 192. 
Province 
Laws, XV., 198, 
chap. 80. 



Whereas divers of the Justices of the General Sessions of the 
Peace and Inferior Court of Common Pleas which by Law are to 
be holden at Northampton in and for the County of Hampshire on 
the second Tuesday of February next are members of this Court 
and the Affairs of the Province now depending may require their 
Attendance thereupon at said time. 

Ordered That the Courts aforesaid that are by Law to be held at 



[oD Sess.] Province Laws {Resolves, etc.). — 1761-62. 101 

Northampton aforesaid on the second Tuesday of February next, 
be and hereby are adjourned to the fourth Tuesday of said Feb- 
ruary, then to be holden at Northampton in and for the County 
of Hampshire at ten of the clock in the forenoon of said day ; and 
all Pleas, Writs, Actions, Suits, Plaints, Processes, Precepts, Kecog- 
nizances, and other matters whatsoever returnable or having day at 
said Courts shall stand abide and continue unto said fourth Tuesday 
of February next, and shall then have day, be heard and tried and 
proceeded in by said Courts respectively: and shall be deemed and 
held as good, elfectual and available in Law to all Intents and pur- 
poses whatsoever as if said Courts had been held and kept at the 
time by Law provided for holding the same as aforesaid, and no 
adjournment thereof had been nuide. \^Passecl January 2S. 



CHAPTER 236. 

ORDER ALLOWING £3 TO ISAAC HARDING. 



A Petition of Isaac Harding late of Eastham, now of George Legislative 
Town in the County of Lincoln Setting forth That his son Josiali councn^ xx\v^ 
was a Soldier in the Pay of the Province in 1758, and being Sick i97. Mass. 
at Fort Stanwix, his Gun was stolen from him for which Gun ixx^x.^^.' 
there has been Four pounds deducted from his Wages. And Pray- House Jour- 
ing Ptelief . 5,"i' p- i^^- 

•^ Province 

Kead and Laws, xvi., 247, 

Ordered that the Sum of three pounds be paid out of the publick ^ ^"^'^ ' 
Treasury to the Pef in full. [Passed Ja7iuary 23. 



CHAPTER 237. 



VOTE IMPOWERING CALEB BENJAMIN AND ELIZABETH HIS WIFE, 
GUARDIAN, TO SELL A MINOR'S INTEREST IN LAND, AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Benjamin W^illard and Mary his Wife in her Right, Legislative 
Phineas Moore and Anna his Wife in her Right, Caleb Benjamin and councif, xxiv!, 
Elisabeth his Wife as she is Guardian to Elisabeth Rice, Aaron Rice ^ 



and Tamar Rice minors, and of Robert Work and Susanna his Wife House Jour- 
in her Right. Setting forth That Cap' Aaron Rice late of Rutland 72,73,192.' 
deceased. Intestate, died Seized of three pieces of land in said Rut- £3,^3^11!, 151, 
land with the Buildings thereon viz' one peice known by the name ^^^^- ^^• 
of Rice's Farm containing about sixty Acres, another piece called 
Grassy Hill containing about thirty two Acres and another piece 
containing about five Acres, all which it is impracticable to divide 
among the concerned without great damage. And Praying leave to 
sell the same ; the produce of the minors Shares to be improved at 
Interest. 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the Petitioners Caleb Benjamin ' and Elisabeth his Wife as she is 
Guardian to the within named Minors be, and they hereby are im- 

* The House Journal, p. 192, reads, " Caleb Brown." 



102 



Provixce Laws {Resolves, etc.). — 1701-62. [Chaps. 238, 239.] 



powered to make Sale of said Minors Interest in the Avithin Land 
as it lyeth in common with the other Petitioners, and to pass and 
execute a good deed or deeds in the Law of the same, to such Per- 
son or Persons as shall give most for the same, they observing the 
directions of the Law relating to the sale of Eeal Estates by Exec- 
utors and Administrators and giving caution to the Judge of Pro- 
bate for the County of Worcester that the money arising by said 
Sale be put on interest for the use of said Minors. [Passed Jan- 
uary 23. 



Legislative 
Records of the 
Council, xxiv., 
198. Mass. 
Archives, 
Ixxx., 74. 

House Jour- 
ual, p. 190. 



CHAPTEE 238. 

VOTE ALLOWING £10 AND A FURTHER SUM OF £0 ANNUALLY TO 

THQS ANDERSON. 

A Petition of Thomas Anderson of Brimfield Setting forth 
That he was a Soldier in the Pay of the Province in IToO in Cap' 
Willards Company of Col" Saltonstalls Regiment, and while in the 
Service he met with such a Wound on his Right Arm or Wrist Avhich 
has totally disabled him from doing any Labour Avith it. And Pray- 
ing Relief. 

[Read and] 

Voted that there be allowed and paid out of the Publick Treasury 
of this Province the Sum of ten pounds to Maj'' Burt for the Use 
of the Pef & the further Sum of five jjounds annually untill the 
further order of this Court on the account of His wounds he has 
Rec*^ in the Service of this Province. \_Passed January 23. 



CHAPTEE 239. 



Legislative 
Records of the 
Council, xxiv., 
198. Mass. 
Archives, 
Ixxx., 73. 

^lass. 
Archives, 
Ixxx., 71. 
House Jour- 
nal, p. 190. 
Province 
Laws, xvi.,144, 
chap. 331. 



VOTE ALLOWING £4 ADDITIONAL ANNUALLY TO DAVID THOMPSON, J". 

A Petition of David Thompson Jun' of Stoughton, Setting forth 
That He was a Soldier in the Pay of the Province in 1757, and was 
at Fort William Henry when it was taken, by the Enemy when he 
suffered the Loss of his Arm by a Shot or a shell from them. That 
his Father represented this misfortune to the General Court in Jan- 
uary whereupon they made him a Grant of Nine pounds twelve shil- 
lings, and allowed him a Pension of Six pounds during pleasure, 
That he can do but little labour, and the Allowance made is insuflfi- 
cient for his support And Praying a further allowance may be made 
him. 

[Read and] 

Voted that there be Allowed & paid out of the Publick Treasury 
of this Province the Sum of four pounds annually Unto the Peti- 
tioner untill the further order of this Court Commencing the 25"' 
day of January Instant in addition to the Six pounds annually already 
Granted him, making in the whole the Sum of Ten pounds. [Passed 
January 23. 



[Hd 8ess.] Province Liaw^ (Hesolves, etc.). — 1761-62. 103 



CHAPTER 240. 

ORDER ALLOWING £100 AND A FURTHER SUM OF £80 TO JOHN COTTON. 

A Petition of Johu Cotton Setting forth That he hath been Legislative 
employed in the Secretary's Office since the l*'*' of December 1760 counc'n *xxi v^ 
during which time he hath applied himself with all diligence to the 3 23. 
duties of his place. And as his dependance is upon it for tlie support House Jour- 
of himself and Family, Praying an Allowance. nai. pp. i84, m. 

Eead and 

Ordered that the Sum of One hundred pounds be allowed and 
paid out of the Publick Treasury to the Petitioner for his ordinary 
Service beginning December first 1760, and ending December first 
1761, And also eighty pounds more in full for his extraordinary Ser- 
vices.' [Passed January 23. 



CHAPTER 241. 

ORDER ALLOWING A COPY OF THE PROVINCE LAW BOOK FOR THE Legislative 

OFFICE OF THE COMMISSARY GENERAL. Records of the 

Council, xxiv., 
199. Mass. 

Ordered that the Printer be directed to deliver the Commissary ^[^"X?-' 
General a Province Law Book for the Use of his Office. \ Passed „ ' ' — — 

T r^r- •- House Jour- 

January 25. uai, p. 193. 



CHAPTER 242. 

ORDER ACCEPTING REPORT OF COMMITTEE ON COMPLAINTS OF MAR- 
THA'S VINEYARD INDIANS, AND APPOINTING A NEW COMMITTEE 
THEREON. 

The Committee appointed the 27: march last in consequence Legislative 
of his Excellency's message of 22'^ December 1760, to repair to councif ?xhr* 
martha's Vineyard and inquire into the complaints of the Indians ii^ t>- 
respecting some Lands given to the Praying Indians so called (so Legislative 
called'') of the said place reported ' according to Order. Coun^^f, xx^iiL , 

In Council Read and Accepted And thereupon 487, 633. ' House 

Ordered That William Brattle Esq"" with such as the honourable pp. 256,257 
House shall join be a Committee to receive the Deeds, settle and p^^^gei'^prov-' 
run the Lines as proposed in the said Report, that so an Act may j."*"*^ Laws, iv., 
pass confirming to the English Purchasers and their heirs the re- ' 
maining Tracts of Land in Christian Town purchased of the Indians 
by deeds recorded in the Records of Deeds for the County of Dukes 
County at any time before the 22"^ August 1761 The said Purchasers 
or their heirs to pay the Cost thereof. 

In the House of Representatives Read and Concurred and Thomas 
Foster and Daniel Howard Esq" are joined in the Affair. [Passed 
Jamiary 25. 

^ This chapter entered in Legislative Records of the Council, xxiv., 323, under date 
March 6, 1762. 
' Sic. 
^ For the full report see Legislative Records of the Council, xxiv., 628. 



104 



Province IjAVfS {Resolves, etc.). — 1761-62. [Chaps. 243, 244.] 



■Legislative 
Records of tlie 
Council, xxiv., 
200. 

House Jour- 
nal, p. 188. 



CHAPTER 243. 

VOTE IMPOWERING EBENEZER UPHAM, ADM^ TO EXECUTE A DEED. 

A Petition of Ebenezer Upham, Asa Stower and Daniel Hub- 
bard Setting forth That the said Ebenezer Upham is Administra- 
tor of the Estate of his late Father Ebenezer Upham of Leicester 
deceased. That the said Asa Stower purchased of the deceased in 
his life time Forty five Acres of land lying in Leicester bounded 
East on a high way called Eutland Road, South on a Town way lead- 
ing out of said Eoad by Captain Whittemores, Northerly on other 
land of the said Ebenezer by a line running about N: 40 degrees 
East 80 Rod to aheap of stones, the N:E'y corner, thence S: East- 
erly by the said Ebenezers Land 64 Rods to a heap of Stones, thence 
North by the said Ebenezers Land to a Stake at Rutland Road first 
mentioned. That before the Deed was executed the said Ebenezer 
died. That the Petitioner Asa Stower had almost paid for said Lands 
in the life time of the said Ebenezer, and thinking that the admin'" 
could give him a Deed he sold the said Land to the Petitioner Daniel 
Hubbard for £133.6.8, which the said Hubbard hath paid him; and 
the said Ebenezer the x\dministrator at the request of the said Asa 
gave the said Hubbard a deed of the same, which he since finds is 
illegal. And as the Intestates Estate hath had the benefit of the pur- 
chase consideration according to Agreement, the said Administrator 
prays that he may be impowered to make a good and effectual deed 
of the said Land. 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the Petitioner Ebenezer Upham in his capacity be and he hereby 
is impowered to make and execute a good deed in the Law to the 
within named Daniel Hubbard his heirs and Assigns of the within 
mentioned Lands bargained and sold by the within named Ebenezer 
Upham deceased in his Life time to the within mentioned Asa 
Stowers. ^Passed Jamtarij 25. 



CHAPTER 244 



VOTE IMPOWERING EBENEZER UPHAM, ADM^, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 

'200. 

House Jour- 
nal, pp. 187, 188. 
Province 
Laws, ii., l.'il, 
chap. 10. 
Supra, chap. 
243. 



A Petition of Ebenezer Upham Administrator of the Estate of 
his Father Ebenezer Upham late of Leicester deceased Intestate Set- 
ting forth That the whole Inventory of the deceaseds Estate Real 
and personal amounts to £203.4 That the debts due from the said 
Estate amount to near £200, And Praying leave to sell the said Estate 
lying in Leicester in order to discharge the debts of the deceased, 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the Petitioner in his capacity be, and he hereby is impowered to 
make Sale of the Land &c within mentioned for the most the same 
will fetch to such Person as will give most for the same and to pass 
and execute a good deed or deeds thereof, he observing the direc- 
tion of the Law relating to the Sale of Real Estates by Executors 



[3d Sess,] Province Laws {Resolves, etc.). — 1761-62. 105 

aud Administrators and giving sufficient caution to the Judge of 
Probate for said County to apply the proceeds thereof for the pay- 
ment of the deceaseds debts. \^Passed January 25. 



CHAPTEK 245. 

VOTE IMPOWERING MOSES JENNINGS AND MERCY, HIS WIFE, ADM'^, 

TO SELL LANDS. 

A Petition of Moses Jennings of Brookfield and Mercy his Wife Legislative 
formerly Mercy Walker aud Adm-" of the Estate of her former Hus- ^^^fi^ ^^^ J?v^., 
band Samuel Walker late of Brookfield deceased, Intestate, and of 201. 
Gershom Makepeace Grandfather and Guardian of Jason Walker House Jour- 
only Child of said deceased about three Years of Age Setting forth provmce'' 
That there is due to her upon the Settlement of her Administration Jjfap^";' ^^^' 
account £47.1G.8 more than the whole amount of the personal Estate. 
That the Real Estate consists of a small House and about eighty 
Acres of land apprized at £106.13.4 That the whole Land at this 
time will not rent for more than three pounds ^ annum, and were 
it to be divided would be of but little value. And Praying leave to 
sell the said Estate, the minors part to be improved at Interest. 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the Petitioners in their capacity be, and they hereby are impowered 
to make Sale of the Lands &c within mentioned and to pass and 
execute a good deed or deeds of the same to such Person or Per- 
sons that shall give most for the same, they observing the direc- 
tions of the Law relating to the Sale of Real Estate by Executors 
and Administrators and giving sufficient caution to the Judge of 
Probate of ' for the County of Worcester that the produce thereof 
be disposed of pursuant to Law. \^Passed January '25. 



CHAPTER 246. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EX- 
CISE ON TEA, COFFEE AND CHINAWARE IN THE COUNTY OF DUKES 
COUNTY AND ALLOWING 22/ FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the Excise on Tea Coffee Legislative 
and China AVare in Dukes County made report That they had sold councif, xx\v^, 

the same to Cap* Samuel Cobb for Fifteen pounds, and taken Bond '^^ 

therefor which they had delivered to the Province Treasurer. And House Jour- 
Praying Allowance of the charge attending the Sale amounting to ^n«e%. 6o, 

22^/ "^ cbap. 145. 

Read and Accepted, And 

Ordered That the sum of Twenty two shillings be allowed and 
paid out of the Public Treasury to the Committee for their Service 
in the Affair. [^Passed January 26. 

1 Sic. 



106 



Province Laws {Resolves^ etc.). — 17G1-62. [Chaps. 247, 248.] 



Legislative 

Records of the 
Council, xxiv. 
202. 

House Jour- 
nal, p. 201. 
Province 
Laws, iii.,64, 
ciiap. 32. 



CHAPTER 247. 

ORDER ADJOURNING THE COURTS OF WORCESTER COUNTY. 

AVhereas diverse of the Justices of the General Sessions of the 
Peace and Inferior Court of Common Pleas which by Law are to be 
holden at Worcester in and for the County of Worcester on the first 
Tuesday of February next are members of this Court, and the affairs 
of the Province now depending may require their Attendance there- 
upon at the same time. 

Ordered that the Courts aforesaid that are by Law to be held at 
Worcester aforesaid on the first Tuesday of February next be and 
hereby are adjourned to the first Tuesday of March next then to 
be holden at Worcester in and for the County of AVorcester at ten 
o'clock in the Forenoon of said day. And all Pleas, Actions, Suits, 
Plaints, Processes, Precepts, Eecognizances and other matters what- 
soever returnable or having day at said Courts shall stand, abide 
and continue unto said First Tuesday of march next, and shall then 
have day be heard and tried and proceeded in by said Courts respec- 
tively, and shall be deemed and held as good and effectual and avail- 
able in Law to all Intents and Purposes whatsoever as if said Courts 
had been held and kept at the time by Law provided for holding 
the same as aforesaid and no adjournment thereon had been made. 
[^Passed January 26. 



CHAPTER 248. 



Legislative 
Records of the 
Council, xxiv., 
203. 

House Jour- 
nal, PI). 195, 196. 
Province 
Laws, xvi., 319, 
chap. 263; 747, 
chap. 420. 
Ante, p. 102, 
chap. 239. 



VOTE ALLOWING £10 EACH ANNUALLY TO EBENEZER KENFIELD AND 

ABIJAH FROST. 

In the House of Representatives 

Whereas the General Assembly of this Province on the 17"' day 
of march 1759 granted to one Ebenezer Kenfield of Belcher Town, 
five pounds lawful money to be paid him annually during the j^leas- 
ure of the Court in consideration of his having lost his Right Arm 
in the service of the Province. And afterwards on the 16 day of April 
last granted to Abijah Frost of Springfield a Pension of Seven pounds 
^ Annum during pleasure in consideration of a like loss in the Pub- 
lick Service. 

And Whereas this Court at this Session have augmented the AIIoav- 
ance heretofore made to one David Thompson on a like consideration 
from the sum of Six pounds annual Allowance to the sum Ten pounds. 
And the Circumstances of these several Persons being represented 
to this House as alike demanding the compassionate consideration of 
the Public. Therefore to the end that the favours of the Government 
may be uniformly distributed to Persons in similar circumstances 

Voted That the annual Pensions to the said Ebenezer Kenfield 
and Abijah Frost be each increased to the Sum of Ten pounds, and 
that for the future during the pleasure of this Court and until they 
shall otherwise order there be paid to each of them the Sum of Ten 
pounds (g> Annum accounting the commencement and ending of the 
year according to the original Votes in lieu of the Sums originally 
granted them respectively. 

In Council Read & Concurred. \^Fassed January 26. 



[3d Sess.] Province Laws {Resolves, etc.). — 1761-62. 107 

CHAPTER 249. 

VOTE GRANTING TO ISAAC STONE LICENCE TO KEEP AN INN. 

A Petition of Isaac Stone of Eutland Setting forth That he Legislative 
hath for many Years past kept a Tavern in said Rutland, but hath councifxx'iv^ 
now removed from the House wherein he was licensed so to do, and 204. 
removed into one more commodious for the business, but cannot House Jour, 
exercise it in the said House without a new License, And Praying °'^''i^-i9'- 
that the Court of General Sessions of the Peace for the County of 
Worcester may be impowered to grant him such License at their 
next Session, which by Law they cannot do till August next with- 
out the Aid of this Court. 

[Read and] 

Voted That the Prayer of this Petition be granted, and that the 
Court of General Sessions of the Peace next to be holden at Worces- 
ter in and for said County of Worcester be and they hereby are im- 
powered to grant the Petitioner a license to keep a Publick Tavern 
ill said Rutland agreeable to said Petition, he first obtaining the 
Approbation of the Selectmen of said Rutland the time for granting 
licenses in said County being elapsed Notwithstanding. \_Passed 
January 26. 



CHAPTER 250. 

VOTE granting TO SAMUEL PIERCE LICENCE TO KEEP AN INN. 

A Petition of Samuel Pierce of Leicester Setting forth That Legislative 
since the time for granting Licenses in the County of Worcester councf f, xx\ v^, 

he hath purchased a place in Leicester which hath been for a great ^^i 

number of Years improved for a Tavern, lately occupied by David 
Lynde, And Praying that the Court of General Sessions of the Peace 
next to be holden at Worcester may grant him a License for the 
same purpose. 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the Court of General Sessions of the Peace to be held at AVorcester 
within and for the County of Worcester on the first Tuesday of Feb- 
ruary next be, and they hereby are impowered (if they think proper) 
to license the Petitioner to keep a Publick House in Leicester, he 
obtaining the approbation of the Selectmen of said Town according 
to Law.' \^Passed January 26. 



CHAPTER 251. 

ORDER IMPOWERING THE TOWN OF HATFIELD TO LAY OUT 1,176 ACRES 
OF THE UNAPPROPRIATED LANDS OF THE PROVINCE. 

A Petition of Israel Williams and Oliver Partridge Esq" in Legislative 
behalf of the Town of Hatfield Setting forth, That in the May coS. xx'h'^. 
Session in 1738 the Town of Hatfield presented a Plan of their ^os. 

' Not found in the House Journal. 



108 



Province Laws {Resolves, etc.). — 1761-62. [Chap. 252.] 



House Jour- 
nal, pp. 198, 199. 
Province 
Laws, iv., 573, 
chap. 4; xii., 
187, chap. 144; 
504, chap. 68; 
537, chap. 144. 



Township with an addition on the West side of ninety eight rods 
containing eleven hundred and seventy six acres which the General 
Court confirmed to said Town of Hatfield in consideration of the 
said Towns being obliged to purchase 2,000 Acres of the heirs of 
Governor Bradstreet and major Dennison which lay within the 
Township of Hatfield. That it appears that the Township of New 
Hingham was laid out and confirmed in the year 1737 bounded 
upon Hatfield before the Court extended the Townshij) of Hatfield 
said 98 rods, said Township of New Hingham was returned and 
confirmed without the knowledge of the Town of Hatfield, and 
it was never discovered 'till very lately that said Township inter- 
fered and Praying that Hatfield may have an Equivalent for said 
98 Eods in some of the unappropriated Lands of the Province, 

Eead and 

Ordered That the Prayer of the Petition be granted and that the 
Town of Hatfield be allowed to lay out eleven hundred and seventy 
six Acres of the unappropriated Lands of the Province in the County 
of Hampshire or Berkshire adjoining to some Grant or Township 
already laid out as an Equivalent for the Land granted to said Town 
of Hatfield which it appears was confirmed to New Hingham, and 
that the said Town of Hatfield return a plan thereof for confirma- 
tion in six months. \^Passed January 26. 



CHAPTEE 252. 



VOTE INPOWERING ELIZABETH CLAFFLIN, ADM^, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
•206. 

House Jour- 
nal, p. 188. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Elisabeth Clafflin of Petersham, Widow and Ad- 
ministratrix of the Estate of her late husband Robert Clafflin of 
Brookfield deceased Setting forth That the deceaseds debts amount 
to £57.4.2 more than his personal Estate amounted to, and nothing 
yet allowed her for house keeping. That a few Months before his 
Death, he purchased of one Paige about One hundred and twenty 
Acres of wild Land in Petersham for £133.6.8 the whole of which 
remained due at his decease. And Praying leave to sell the same. 

[Read and] 

Voted That the Prayer of the within Petition be so far granted 
as that the Petitioner in her capacity of Administratrix be, and is 
hereby authorized and impowered to make Sale of the Land within 
mentioned for the most the same will fetch and to make and exe- 
cute a good and sufficient deed or deeds of conveyance thereof. She 
observing the directions of the Law respecting the Sale of Real 
Estates by Executors and Administrators, and giving sufficient cau- 
tion to the Judge of Probate for the County of Worcester that the 
produce thereof arising by such Sale shall be applied for the pay- 
ment of the debts of the deceased and the remainder thereof be put 
to interest for the benefit of the several heirs of the said deceased 
agreeable to Law. \^Passed January 27. 



[3d Sess.] Province Laws {Besolves, etc.). — 1761-62. 109 



CHAPTER 253. 

ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Upon the Pet""'^ of the Sick and Wounded Legislative 

Ordered that the Sum of £2.6.5 be paid out of the publick Treas- coum'if. xxw., 
Hry to Caleb Gushing Esq" for the Use of Daniel Page in full. Archives^*' 

To Caleb Gushing Esq" the sum of £2.8.0 for the Use of Sam' ixxx.. iie. 
Smith in full. House Jour- 

To John Brown Esq" the Sum of £9.10.0 for the Use of James ^^'-y-i^^- 
Hide in full 

To M" Chillingsworth Foster the Sum of £2.7.8 for the Use of 
Elisha Cash in full. 

To William Lawrence Esq" the sum of £5.0. !t for the Use of Sarah 
Parker in full. 

To John Winslow Esq" the Sum of £2.6.0 for the Use of Simeon 
Turner in full. 

To M" Walter Spooner the Sum of £7.0.0 for the Use of Moses 
AVashburn in full. [Passed January 27. 



CHAPTER 254. 

ORDER GRANTING TO ALEXANDER NASH LICENCE TO KEEP AN INN. 

A Petition of Alexander Nash of Weymouth Setting forth That Legislative 
there hath been a public House licensed for fifty years past 'till the councif, xxiv^, 
month of August last near the landing place at Smelt Brook, where ArcMv^es^^cxi 
such House is much wanted. That the person who last applied for qOs. 
a License there being deemed unqualified was denyed. That the Mass. 
Petitioner hath obtained the approbation of the Selectmen, And 507?^Legi8ia-" 
Praying that he may be licensed for the purpose. th'^(?^^*^'^'i ^ *** 

Read & xxiv., 109. 

Order''d that this Petition be reviv'd, and that the Justices of the Miypp!^ii8yi2i, 
Court of Gen' Sessions of the Peace for the County of Suffolk be 208,209. 
& they are hereby impowered, at their next Term for holding said 
Court, to grant to the Petitioner a Licence (if they think fit) to 
keep a Tavern: He first obtaining the approbation of the Select Men 
of Weymouth therefor: The Time for granting Licences being 
elapsed not withstanding. [Passed January 28. 



CHAPTER 255. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF PLYMOUTH 
AND ALLOWING £2. 9. 5 FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the duties of Excise upon Legislative 
Tea, Coffee and China ware in the County of Plymouth reported councif xxiv^ 
That they had sold the same to M" William Rand Jun" for £114 2io. 
and had taken Bond therefor and lodged the same with the Prov- House Jour- 
ince Treasurer, x\nd Prayed Allowance of their charge. ^aIu}^,^^]'^^' 

Read and accepted, And <^^»p- "*'• 



110 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 256-258.] 



Ordered That the sum of Two pounds nine shillings and five 
pence be paid out of the Public Treasury to the Committee for 
their Service in this Affair. \^Passed January 28. 



CHAPTER 256. 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF YORK, AND 
ALLOWING £2. 10 FOR THE EXPENSE THEREOF. 



Legislative 
Records of the 
Couucil, xxiv., 
210. 

House Jour- 
nal, p. 203. 
Ante, p. 60, 
chap. 144. 



The Committee appointed to farm out the duties of Excise upon 
Tea, Coffee and China Ware in the County of York reported That 
they had sold the same to Captain Daniel Clark for Fifty five pounds, 
had taken Bond therefor and delivered the same to the Province 
Treasurer. And Prayed Allowance of their Charge amounting to 
Two pounds ten shillings. 

Eead and Accepted, And 

Ordered That the Sum of Two pounds ten shillings be paid out 
of the Public Treasury to the Committee for their Service in this 
Affair. [Passed January 28. 



Legislative 
Records of the 
Council, xxiv., 
211. Mass. 
Archives, 
Iviii., 458. 

House Jour- 
ual, p. 206. 



CHAPTER 257. 

VOTE ALLOWING A COPY OF THE PROVINCE LAWS TO EACH NEW 
TOWN OR DISTRICT. 

Voted that every new Town or District that have been incorpo- 
rated since the time of the last Impression of the perpetual Laws 
of this Province and all other new Plantations within the Province 
that are assessed a proportion to the Province tax be supplied each 
of them with one of those Books at the charge of the Province, 
And that the Printer be directed to deliver such Book to the respec- 
tive Clerks of such Towns or Plantations accordingly. \^Passed 
January 28. 



CHAPTER 258 



VOTE FOR THE TRANSFER OF APPROPRIATIONS. 



Legislative 
Records of the 
Council, xxiv., 
211. 

House Jour- 
nal, pp. 206, 207. 
Province 
Laws, iv., 460, 
chap. 4. 



Voted, That the Treasurer be, and is hereby directed to make a 
Transfer of £1,000 from the Appropriation of Forts and Garrisons 
to the Appropriation for the Payment of debts where there is no 
Establishment, and the sum of £2,000 from the Appropriation for 
the Commissarys disbursments to the Appropriation for Grants. 
\^Passed January 28. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1701-62. Ill 



CHAPTER 259. 

VOTE IMPOWERING MOSES BLISS, ADM^, TO SELL REAL ESTATE, AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Moses Bliss of Springfield Setting forth That he Legislative 
is Administrator of the Estate of David Bliss, late of Springfield coSndi! xliv^, 

Sadler deceased Intestate; That the deceaseds debts exceed his per- ?H^ \ 

sonal Estate £155.19.41/4: That the Real Estate consists of a House, House Jour- 
Shop and Bridge and lialf an Acre of Land apprized at £247. That provmce ' 
to divide the Estate so as to sell ofE only enough to pay the debts c4T3!'io.'' ^''^' 
must prove very prejudicial to the whole. And Praying liberty to 
sell the whole for the benefit of the Concerned. 

[Eead and] 

Voted That the Prayer of this Petition be so far granted as that 
the Petitioner in his capacity be, and he hereby is impowered to 
make Sale of the Real Estate within mentioned, reserving to the 
deceaseds Widow her Dower, for the most the same will fetch, and 
to pass and Execute a good deed or deeds of the same to the Person 
or Persons that shall purchase the same, the Petitioner observing 
the directions of the Law relating to the Sale of Real Estates by 
Executors and Administrators, and giving sufficient caution to the 
Judge of Probate for the County of Hampshire to apply the pro- 
ceeds of said Sale for the Payment of said deceaseds debts ; and if 
there should be a Surplusage that the same be divided among the 
legal heirs. {^Passed January 28. 



CHAPTER 260. 

ORDER ALLOWING £3. (5. 8 TO JON*^ LAWRENCE, ADM«. 

A Petition of Jonathan Lawrence late of Groton Adminor of ^l.^orJ^g^Jf t^g 
the Estate of Cap*' Thomas Lawrence late of Pepperrell deceased coum-ii, xxiv., 
Setting forth That tlie said Thomas being a Captain in the Pay of ArcWv^es?' 
the Province in Col° Nichols's Regiment was killed by the Enemy ixxx., 7o. 
at Half way brook, at which time his Gun was lost, and for which Mass. ^^ 
a stoppage was made of Three pounds six shillings and eightpence ixxx., 69.' 
from his Wages. And Praying Relief. naiT2oT" 

^eadand Latrxvi.,247. 

Ordered that the sum of three pounds six shill^s and eight pence chap.89. 
be p*^ out of the publick Treasury to the Pef in full. \^Passed 
January 38. 



CHAPTER 261. 

ORDER IMPOWERING THE SOUTH PRECINCT IN NORTON TO SELL LAND 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Thomas morey. Agent for the South Precinct ^|f^^'^*^^|tjjg 
in Norton Setting forth That the Proprietors of a Tract of land council, xxiv., 
known by the name of Taunton Nortli Purchase gave one full right Archi'^esTiiv., 
throughout said Propriety for the use of the ministry in said Pro- 288^ 



112 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 262, 263.] 



Mass. 
Archives, xiv. 

287. House 
Journal, 
pp. 185, 191. 



priety, and the Lands have been laid out accordingly, and it has 
been agreed upon by the said Propriety that one half of said Lands 
shall belong to Easton, and the other half be equally divided between 
the South Precinct and north Precinct in Norton, That the Lands 
belonging to the South Precinct lye in the North Precinct, are un- 
improved, and of no use as to the Support of the ministry. And 
Praying liberty to sell the same, the money arising by such Sale to 
be improved at interest for the purpose of the Grant. 

Eead and 

Ordered that the Prayer be so far Granted as that the South Pre- 
cinct in the Town of Norton by a Committee by them to be ap- 
pointed for that purpose be Impowered to make Sale of the Land 
mentioned in the Petition for the most the Same will fetch & to 
make a good Deed or Deeds in Law for conveying the Same the 
Proceeds of the S*^ Sale to be let out at Interist on Good Security 
to be Improved annually towards the Support of a Congregational 
minister in Said Precinct in the Same way & manner as the Rents 
of Said Land would have been Improved if it had not been Dis- 
posed of. [Passed January 28. 



Legislative 
Records of the 
Council, xxiv., 
212. Mass. 
Archives, 
Ixxx., 112. 

Mass. 
Archives, 
Ixxx., 112. 
House Jour- 
nal, p. 202. 



CHAPTEK 262. 

VOTE ALLOWING £2 TO MERIBAH STICKNEY. 

A Petition of Meribah Stickney Setting forth That her late 
Husband Samuel Stickney of Bradford was a Soldier in the Pay of 
the Province in 1758, and died on the Road in his return home & 
his Gun lost. And Praying an allowance for it, the Gun being his 
own. 

[Read and] 

Voted That y^ Sum of Two pounds be paid out of y^ Publick 
Treasury to Benjamin Mulluken for y® vse of y* petitnour in full. 
\Passed January 28. 



CHAPTER 263 



ORDER ALLOWING £1. 16 TO SARAH WHEELER. 



Legislative 
Records of the 
Council, xxiv., 
213. Mass. 
Archives, 
Ixxx., 93. 

Mass. 
Archives, 
ixxx., 93. 
House Jour- 
nal, p. 200. 



A Petition of Sarah Wheeler Setting forth That her late Hus- 
band Simon "Wheeler was a Soldier in the Pay of the Province in 
Col° Nichols's Regiment in 1758, when he lost his life in the Ser- 
vice, and at the same time his Gun was lost. And Praying an Allow- 
ance for the said Gun. 

[Read and] 

Ordered That y'^ sum of one pound Sixteen Shillings be paid out 
of y^ publick Treasury to Cap* Jonas Prescott for y® vse of y^ peti- 
tnmour ' in full. [Passed January 28. 

1 Sic. 



[3d Sess.] Province Laws {Resolves, etc.). — 17(31-62. 113 

CHAPTER 264. 

ORDER ALLOWING £1. 17. 4 TO W^' LAWRENCE, ESQ^, GUARDIAN. 

A Petition of William Lawrence Esq' as he was Guardian to Legislative 
Eleazer Ames of Groton Setting forth That the said Eleazer councu, xxw^ 
being a Soldier in the pay of the Province in Col" Nichols's Regi- 2i3. Mass. 
ment in 1758 lost his life in the service, and at the same time his ix^xx.7«8.* 
Gun was lost, And Praying an Allowance for said Gun. u^. 

Read and ^'xx^^e?' 

Ordered that the Sum of one pound Seventeen Shillings and four House .Jour- 

pence be paid out of the publick Treasury to W'" Lawrence Esq"' in "''■> i^- -"'^• 

full.' \^Passed January 28. 



CHAPTER 265. 

ORDER ALLOWING £2 TO ELIAKIM ROBINSON. 

A Petition of Eliakim Robinson of Lincoln Setting forth That Legislative 
He was a Soldier in the Pay of the Province in 1760, when being councif, xxiv!, 
ordered to go a Trip in the Batteau Service and lodge his Gun in Arcinv'es^^' 
a Store, the Store was broke open and his Gun stolen, And Praying ixxx., 92.' 
an Allowance. Mass. 

Read and itxx.'r'l.' 

Ordered that the Sum of two pounds be paid out of the publick "°"*f ^os"^ 
Treasury to Joseph Buckminster for the Use of the Petitioner in 
full. \^Passed January 28. 



CHAPTER 266. 

ORDER ALLOWING £1 . 10 TO BEN : WRIGHT, ADM«. 

A Petition of Benjamin Wright Administrator of the Estate Legislative 
of Oliver Wright late of Westford deceased Setting forth That coiS xx\v*:, 
the said Oliver was a Soldier in the Pay of the Province in 1758, "}^-J'^^^^- 
and lost his Life in the Service, and at the same time his Gun. And ixxx.,94.' 
Praying an allowance for his said Gun. Mass. 

Read and v^^f^Ml 

Ordered that the sum of One pound ten shillings be paid out of nimse.iour. 
the publick Treasury to Cap* Jonas Prescot for the Use of the Peti- ^^ ' ^^' ' °" 
tioner in full. [Passed January 28. 



CHAPTER 267. 

ORDER GRANTING TO WM. DAY LICENCE TO RETAIL STRONG DRINK. 

A Petition of William Day of Westfield Setting forth That he Legisiatwe^^^ 
hath obtained the approbation of the Selectmen of said Town to council, xxiv., 
be a Retailer of Spirituous Liquors in said Town; but the time for Ei: 

^ The House Journal, p. 200, reads, " £1. 16. 4." 



114 Province Laws {Resolves, etc). — 1761-62. [Chaps. 268, 269.] 

House Jour- granting Licenses the present Year in the County of Hampshire is 
elapsed. And Praying That the Court of General Sessions of the 
Peace in said County may be impowered at their next term to grant 
him a License for that purpose. 

Eead and 

Ordered That the Prayer thereof be granted, and that the Court 
of General Sessions of the Peace for the County of Hampshire at 
their next term are hereby Authorized and impowered to grant the 
Petitioner a License in due form of Law, the time for granting 
Licenses being elapsed notwithstanding he first obtaining the ap- 
probation of the Selectmen of Westfiekl for that purpose. [^Passed 
January 28. 



CHAPTER 268. 

VOTE IMPOWERING THE COLLECTOR OF TAXES OF SOUTH PRECINCT 
IN BRIDGEWATER TO COMPLETE HIS COLLECTION. 

Legislative A PETITION of Josiah Edson luu'' of Bridgwater Setting forth 

Council, xxiv., That the Inhabitants of the South Precinct in said Town upon a 

'~ legal warning met in the month of November 1759 and Voted a 

nai^p^m^' *^^ upon themselves of £200 towards building a new meeting House 
in the said Precinct and chose Timothy Perkins to collect the same, 
who collected about seven eights of said Tax and was then impeded 
by an Action brought against him by one of the Inhabitants on 
whom he had distreined for his rateable part of said Tax, and the 
Action turned against him as he was not chosen in the month of 
march, nor to supply a vacancy, nor clearly expressed in the Noti- 
fication of said meeting the intention of choosing a Collector. And 
as there is no Comjjlaint against said assessment, Praying that said 
Collector may be impowered to finish his Collection, any defect in 
the choice of him notwithstanding. 
[Read and] 

Voted That the Prayer of this Petition be granted, and that the 
said Timothy Perkins be and he hereby is impowered to compleat 
and finish the Collections of the Tax within mentioned any deficiency 
in the legality of the South Precinct in Bridgwater choosing him 
Collector to the contrary Notwithstanding. \^Passed January 28. 



CHAPTER 269. 

VOTE IMPOWERING ESTHER SPEEN, INDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

Rlfordfof the ^^ PETITION of Esther Speen of Natick, Indian Setting forth 
Council, xxiv.. That slic is Afflicted with an Ulcer which renders her incapable of 
Archiv'^esT' doing any business for the support of herself and Child of about six 
xxxiii., 190. years of Age. And Praying she may have liberty under the direction 
Mass. of the Guardians of the Natick Indians to make Sale of so much of 

xxxiii^, iss. her real Estate lying in several parcells, as they shall judge neces- 
La^vs'xvi. 241 ^'^"T ^^^ ^he discharge of her debts, and for her support under her 
chap.Ve, note. ' present difficulties. 
[Read and] 



[3d Sess.] Province Laws {Resolves, etc.). — 1761-62. 115 

Voted that the Prayer of this Petition be So far Granted as that 
the s*^ Esther Speeu, Be & is hereby fully authorized & Impowred 
to make Sale of so much of her Lands in Natick as the Guardians 
of the Natick Indians shall Judge Necessary for the Purposes men- 
tioned in Said Petition, and to Execute a Good Deed or Deeds thereof 
in Law and also the s'* Guardians see that Justice be done her in 
the Sale of them, and that the money arising by the Sale thereof 
be by them Applied to the payment of the Just debts of the Peti- 
tioner & for her future Support.' \^Passed January 28. 



CHAPTER 270. 

VOTE IMPOWERING LUCRETIA LAWTON, ADM^, TO SELL AN ESTATE. 

X Petition of Lucretia Lawton x\dministratrix of the Estate of ^sisiative 
Phiny Lawton late of Leicester deceased Setting forth That the Council, xxiv., 

deceased? debts exceed his personal Estate, That his Eeal Estate "^ii*: 

consists of a House & Barn and twenty five Acres of land, which ^a"i^rf 203"^^ 
cannot be divided so as to sell a part without injuring the Estate. Province 
And Praying leave to sell the whole. chapt'io.'' ^ ' 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the Petitioner in her capacity be, and she hereby is impowered to 
make Sale of the House and Lands within mentioned and to pass 
and execute a good deed or deeds in the Law to such person or per- 
sons as will give most for the same, she observing the direction of 
the Law relating to the Sale of Eeal Estates by Executors and 
Administrators, and giving sufficient caution to the Judge of Pro- 
bate for the County of Worcester for her duly applying the Proceeds 
of said Sale agreeable to Law. [Passed January 28. 



CHAPTER 271. 

ORDER IMPOWERING BENJ^ WYMAN, GUARDIAN, TO SELL A MINORS 
INTEREST IN AN ESTATE AND MAKING PROVISION IN REGARD TO 
THE PROCEEDS. 

A Petition of Benjamin AVyman of Wobourne Guardian of Elis- Legislative 
abeth Blogget a minor, Daughter of Caleb Blogget deceased Set- oouncff xxiv.^ 
ting forth That Elisabeth Wade Mother and Guardian of the said 216^ 



minor petitioned the General Court for liberty to sell the said minors House Jour- 
share in the Estate of Nathan Blogget deceased being one forty fifth proV'ince ' 
part thereof, and in answer to said Petition the Court impowered JifaT'io'xfv , 
her the said Guardian on the 3*^ of January 1749 to sell the same, 332, chap, ni.' 
but she soon after died and the said Share still remains unsold, which 
share being so small can be of little vService to the said minor. And 
Praying that He as Guardian may be impowered to make Sale thereof. 

Read and 

Ordered That the Prayer of the Petitioner be granted, and that 
the Petitioner Benjamin Guardian to the said minor within named 
be and he is hereby allowed and impowered in his said capacity to 

' Not found in the House Journal. 



116 



Province \^AVf& {Resolves, etc.). — 1761-62. [Chaps. 272, 273.] 



make sale of the said minors part and interest in the Estate within 
mentioned for the most it will sell for, and execute a good and suffi- 
cient deed therefor, notice of the time and place of such Sale being 
posted up in some Public place pursuant to the Law in such cases 
made and provided, the said Guardian giving caution to the Judge 
of Probate in the County of Middlesex that the produce of said Sale 
be secured to the said minor according to Law. \^Passed January 28. 



CHAPTER 272. 



ORDER IMPOWERING THE INHABITANTS OF SHUTESBURY TO LEVY 
AND ASSESS A TAX OF ONE PENNY PER ACRE FOR SEVEN YEARS. 



Legislative 
Records of the 
Council, xxlv., 
•207. Mass. 
Archives, 
cxvii., 749. 

Mass. 
Archives, 
cxvii., 748. 
Legislative 
Records of the 
Council, xxiv., 
150. House 
Journal, 
pp. 149, 211. 
Province 
Laws, lv.,543, 
note. 



A Petition of Abraham Hill at the request of the Town of 
Shutesbury Praying for a Tax on the Lands of the non resident 
Proprietors for finishing the Meeting House and making of public 
Eoads, 

Eead, and it appearing that the Petitioners had given out Notifi- 
cations pursuant to the Order of Court; and no Answer being made. 

Ordered That there be a Tax of one peny ^ acre assessed and levied 
for the purposes in s'' Petition mentioned on the unimproved Lands 
within said Town of Shutesbury for the term of seven years, and 
the Assessors and Constables or Collectors in said Shutesbury be 
and they hereby are respectively authorised and impowered to assess, 
and collect the same. [Passed January 29.^ 



CHAPTER 273. 



VOTE GRANTING TO JOHN M'KOWN LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, xxiv., 
3-21. Mass. 
Archives, cxi., 
509. 

House Jour- 
nal, p. '207. 



A Petition of John M'^Kown ' of Pemaquid in the County of 
Lincoln Setting forth That his House is very conveniently sit- 
uated for a house of entertainment to accomodate Travellers who 
cross the Eiver near it; and that there is no Tavern within eight 
miles of it, And Praying That He may be accordingly licensed for 
that purpose. 

[Read and] 

Voted that y® Prayer of this Petition be so far granted as that 
the Petitioner be and he hereby is Licenced to Keep a Tavern at 
Pemaquid untill the Court for granting Licences in y® County of 
Lincoln provided that he Recognizes before Two Justices of the 
Peace Quorum unus for the County of Lincoln with Two sufficient 
Suretys for his paying his Excise. & Keeping good Rule & order 
which Recognizance shall be lodged in the Clerks Office of y'* Court 
of general Sessions of y*^ Peace for s"^ County.^ [Passed January 29. 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is January 27. 

- The House Journal, p. 207, reads, " Robert Mc Rower." 

■■' This chapter is entered in Legislative Records of the Council, xxiv., 321, under date 
of March 6, 17(i2. 



[3d Sess.] Province Laws {Hesolves, etc.). — 1761-62. 117 

CHAPTER 274. 

ORDER ALLOWING £2 TO JOSIAH EDSON, ESQ«. 

A Petition of Josiah Edson Esq' Setting forth That the Gen- Legislative 
eral Court in 1759, directed the Petitioner to inquire into the Facts counc*if, x^iv^ 
contained in the Petition of one Cfesar Eson a negro preferred to 217. Mass. 
said Court, that in obedience to the Court he made the proper in- 6-21. 
quiry, and spent much time in riding and searching Records, look- Mass. 
ing up Papers tracing the Title for near 100 years back, and hearing ^o*^'"hou8T'' 
the Parties several times. And Praying an Allowance. Journal, 

-D 1 1 JO- pp. 202, 209. 

Kead and Province 

Ordered that the Sum of two pounds be paid out of the pub- cifap^'sgj'"'^^"' 
lick Treasury to the Pef in full for his Service within mentioned. 
[Passed Jamiary 29. 



CHAPTER 275. 

ORDER ALLOWING £3. 12 AND A FURTHER AMOUNT OF 13/ 4 TO ABNER 

RAY. 

A Petition of Abner Ray of Stow Setting forth That his Father Legisiauve 
Abel .Ray inlisted as a Soldier in the Pay of the Province in 1760, c^^ncff, ^xiv^, 
and was taken sick and died at Shrewsbury about two months after 217. Mass. 
his Inlistment having never received either billeting money or Wages. ixxix.l762. 
And Praying an allowance therefor ; and also for the expence of his Mass. 

Sickness. i^x/'x^w2. 

Read and Legisiative 

Ordered that the Sum of three pounds twelve shills^ be p'^ out of counc*ir,xxiv^, 
the publick Treasury to the Pef in full for his Father's Wages and jq^j.^^/'^^, J 
thirteen shil'^^ and four pence for his billeting. [Passed January 29. 'ea, W, 208. ' 



CHAPTER 276. 

ORDER ALLOWING £(5. 15 TO JN" MITCHELL. 



A Petition of John Mitchell Setting forth That his son John Legislative 
Mitchell served as an Ensign in Cap' Jefferds Company the last councff xxiv^ 
year, and was left sick at Crown Point, where he died on the 3'^ 218. Mass. 
of February. And Praying he may be allow'd Wages from the time ixxix.Iea's. 
the Roll was made up to the time of his decease. House Jour- 

Read and nai,pp.i99,209. 

Ordered that the Sum of six pounds fifteen Shillings be j^aid out 
of the publick Treasury to Jose^Dh Sayer Esq'' for the Use of the 
Pet"^ in full for his Son's Wages mentioned. [Passed January 29. 



118 



Province Laws (Hesolves, etc.). — 17(U-62. [Chaps. 277, 278.] 



CHAPTER 277. 



ORDER ALLOWING £2. 18 EACH TO EMMONS STOCKWELL, NATHANIEL 
SMITH, JOTHAM HOUGHTON, JOHN ROGERS, PETER GROUT AND 
DANIEL DUNCAN. 



Legislative 
Records of the 
Council, xxiv., 
•218. 

House Jour- 
nal, pp. 199, 200, 
209. 



A Petition of Emmons Stockwell, Nathanael Smith, Jotham 
Houghton, John Rogers, Peter Grout and Daniel Duncan, Soldiers 
in the year 1700' in Cap'' Paiges company and Col^ Ruggles's Reg- 
iment Setting forth That they were by mistake made up forty days 
each short of their time of Service, whereby they are deprived not 
only of their AY ages for the time, but also of their Billeting, And 
Praying Relief. 

Read and 

Ordered That the sum of Two pounds eighteen shillings be paid 
out of the Public Treasury to M"" Joshua Willard for the use of each 
one of the Persons within named, being in the whole Seventeen 
pounds eight shillings. [Passed January 29. 



CHAPTER 278. 



ORDER IMPOWERING SARAH FARRINGTON, GUARDIAN, TO SELL AN 
INTEREST IN AN ESTATE. 



Legislative 
Records of the 
Council, xxiv., 
3-22. Mass. 
Archives, 
Ixvi., 166. 

MasB. 
Archives, 
Ixvi., 164. 
House Jour- 
nal, p. 208. 
Province 
Laws, ii., 1.51, 
chap. 10. 



A Petition of Sarah Farrington of Boston Setting forth That 
her late Husband William Farrington Anno 1747, sailed from Bos- 
ton and being taken by the Enemy was put on board a leaky Vessel 
and has never been since heard of. That his whole Estate was %*'^^ 
of a Brick house in Boston, and very little personal Estate, all which 
He by Will gave to the Petitioner, desiring her to be mindful of his 
then only child Joseph Farrington. That five months after her said 
Husband Sailed She had another Son born to him, William, now a 
minor of 15 years of Age, who, she is informed, is intituled to the 
same Share of his Fathers Estate as he would have been in case he 
had dyed Intestate. That She hath by her own Industry and the 
Rent of the House well supj)orted her Children liitherto; but that 
the House is now much out of Repair, and she Avholly unable to 
make it tenantable And Praying that She as Guardian to her Son 
William may be impowered to make sale of his interest therein. 

Read & 

Ordered that the Prayer of the Petition be So far Granted as that 
the Petitioner in her Capacity as Guardian be & She is hereby au- 
thorized & Impowered to make Sale of her Childs Interist in the 
house mentioned in the Petition for the most the Same will fetch 
& make & Execute a good Deed of Sale in the Law for conveying 
the Same She observing the Directions of the Law relateing to the 
Sale of Real Estates by Exec" & adm" & Giveing Sufficient Caution 
to the Judge of Probates for the County of Suffolk to account for 
the Proceeds ariseing by s*^ Sale.' [Passed January 29. 



» This chapter is entered in the Legislative Records of the Council, xxiv. 
date March 6, 1762. 



322, under 



[3d Sess.] Province Laws {Resolves, etc.). — 1761-62. 119 



CHAPTEK 279. 

VOTE IMPOWERING TRYPHINA HIND, ADM^, TO EXECUTE A DEED OF 
LAND IN STOCKBRIDGE AND ALSO TO SELL LAND IN WESTERN. 

A Petition of Tryphena Hinds, Administratrix of the Estate Legislative 
of her late Husband Jacob Hinds late of Weston deceased Setting councff xxiv^ 
forth That in August 17G0 the deceased being seized in Fee of 32o. 
thirty two Acres of land in Stockbridge sold the same to one moses House Jour- 
Williams of said Stockbridge for £81 and gave his obligation to proviiice^' 
execute a deed of the same ; but dyed before he had so done, There- ^u"^ * lo '' ^^^' 
fore Praying She may be impowered to execute the said Deed, x\lso 
further Setting forth. That the said deceased dyed seiz'd of Fifty 
Acres of Land in Western aforesaid apprized at £170 and left but 
two Children, daughters, the eldest of which is not four years of 
Age, so that the Land is in danger of returning to its Wilderness 
State, And Praying leave to sell the same, two thirds of the produce 
thereof to be put out at interest by the Guardians of the said Chil- 
dren for their use and benefit, she enjoying the benefit of the other 
third during her natural Life, and securing the same to the said 
Children and their heirs after her decease, 

[Eead and] 

Voted That the Prayer of this Petition be so far granted as that 
the Petitioner in her capacity be and She hereby is impowered to 
make and execute a good deed of the Tract of Land within men- 
tioned lying in Stockbridge to the within named Moses Williams 
his heirs and Assigns 

And that she further be and She hereby is also impowered to make 
Sale of the Tract of land lying in Western for the reasons in said 
Petition mentioned, and to execute a good deed or deeds of the same 
to such Persons as shall give most therefor : She observing the direc- 
tion of the Law relating to the Sale of Real Estates by Executors 
and Administrators and giving sufficient caution to the Judge of 
Probates for the County of Worcester that the money arising by 
said Sale may be applied as in said Petition mentioned.' [^Passed 
February 1. 



CHAPTER 280. 

ORDER ALLOWING £40 TO REV M'' MARTIN SCHAFFER. 

A Petition of Martin Schaffer, a Protestant minister, who was Legislative 
born in Saxony Setting forth That he came into America about councif.xxivf 
ten Years since, and was at Pensylvania about seven Years, and 221. Mass. 
three Years at New York preaching to his Countrymen in those 295. 
places. That having an invitation to preach the Gospel to his Coun- Mass. 
trymen at Lunenburgh in Nova Scotia, who were destitute of a min- ^^^"housI;'^ ' 
ister, he with the consent of his Flock at New York undertook the Joiirnaij^ 
Service, and embarked for that place on the 25"' November last, and ^^''' ' " 
on the 6"' of December was cast away at Nantucket, when He and 
his Wife with much difficulty saved their Lives; but had the mis- 
fortune to lose their Child, and also One hundred and ten pounds 

^ This chapter is entered in Legislative Records of the Council, xxiv., 320, under date 
March 6, 1762. 



120 



Province Laws {Resolves, etc.) . — 1761-(32. [Chaps. 281, 'I^^."] 



Leorislative 
Records of the 
Council, xxiv., 
■221. MasB. 
Archives, 
Ixxxvii., 355. 

Mass. 
Archives, 
Ixxxvii., 354. 
House Jour- 
nal, pp. 207, 211, 
212. 



Stirling in money, 150 Books, and all their wearing ApjDarrell. All 
which he takes leave to lay before the Court for their compassionate 
consideration. 

Read and 

Ordered that the sum of forty pounds be granted and allowed out 
of the publick Treasury to the Petitioner in consideration of his 
Losses and Sufferings mentioned. \^Passed February 1. 



CHAPTER 281. 

ORDER ALLOWING £60 TO SELECTMEN OF TISBURY TO BUILD A 

HOSPITAL. 

A Petition of James Athearn, Representative of Tisbury on 
Martha's Vineyard Setting forth That most of the Provision Ves- 
sels from the Southern Provinces to this Province & nova Scotia 
pass thro Martha's Vineyard Sound, and often put in at Holmes 
Hole lying in Tisbury for a fair Wind round tlie Cape, by which 
means the Small pox hath been frequently brought in among them; 
and as few of the Inhabitants have had it, they are thereby exposed 
to danger, and the Sick on that account cannot be so well provided 
for. and Praying that a Hospital may be built by the Government 
for the reception of such as may be landed there sick of that dis- 
temper. 

Read and 

Ordered That the sum of sixty Pound Lawfull money be Paid out 
of the Province Treasury to The select men of Tisbury To Build 
an Hospital in some Suitable Place at Tisbury on y** westerly side 
of the harbour Called homes^ hole Provided the Town of Tisbury 
shall agree to Build a suitable house for an hospital for the Recep- 
tion of Such Persons as are visited with Infectious Diseases S*^ Town 
agreing to be at the Remainder of the Charge of Building said hos- 
pital Provided also That before any of Said money be Drawn out 
of the Treasury a Plan of y*^ hosjDital & Vote of the Town of Tis- 
bury relative to the Building & maintaining s*^ Building & Support- 
ing y*' Sick there be laid before this Court and approved of. [Passed 
February 1. 



CHAPTER 282. 



ORDER ALLOWING £2. 12. 4 TO NATH' MAN. 



Legislative 
Records of the 
Council, xxiv., 
221a. Mass. 
Archives, 
Ixxx., 17. 

Mass. 
Archives, 
Ixxx., 17. 
House Jour- 
nal, p. 210. 



A Petition of Nath' Man of Needham Setting forth That his 
Son Abijah Mann was a Soldier in the Pay of the Province in Cap* 
Ephraim Jackson's Company in 1760, that he sickened at crown 
Point and died there on the "2d^ of September; that his sickness occa- 
sioned him an extraordinary expence, besides which he is made up 
one month and thirteen days short in the muster Roll. And Praying 
an Allowance. 

[Read and] 

Ordered that there be paid out of the Publick Treasury two Pounds 
twelve shillings & four pence for one month & thirteen Days time 



[3d Sess.] Province Laws {Resolves, eic.). — 17(31-62. 121 

the Petitioners son was made up short in the Roll & this to be in 
full, to be paid to M' Amos Fuller for the use of the Petitioner. 
[Passed February 1. 



CHAPTER 283. 

ORDER ALLOWING £13. 6. 8 TO SARAH CROSBY. 

A Petition of Sarah Crosby Setting forth That her late Hus- Legislative 
band Daniel Crosby of York deceas'd was a Soldier in the Pay of counc*if, xxiv^ 
the Province in the Campaign in 1760, and contracted such Illness 22it|. Mass. 
by the hardships he endured in the Service, that he continued Ian- ixxx.,^9i.' 



guishing till November last and then died, and by reason of such Mass. 
long Illness hath expended his substance, and left her and three ^^^x'^oo' 
Children in distressing circumstances And Praying Eelief. House Jour- 

Eeadand _ / _ nai.pp-iovm. 

Ordered that the sum of thirteen pounds Six Shillings and eight 
pence be paid out of the publick Treasury to John Bradbury Esq"" 
for the Use of the Pef in full. \^Passed February 2. 



CHAPTER 284. 

ORDER IMPOWERING SARAH RIGGS TO SELL REAL ESTATE. 

A Petition of Sarah Riggs of Gloucester Setting forth That ^^^'^^^^''^f.^ 
her late Husband Thomas Riggs deceased gave her the improve- council, xxiv., 

ment of his Estate Real and personal after his debts were paid -^^ 

during her Widowhood; That eight Acres of his Land has already naTif 2iT^ 
been sold by order of the Superior Court for payment of debts; Province 
that there is now remaining a Dwelling House (much out of repair) cifa^j^'io.' ^ ' 
and about four Acres of Land which is far from being sufficient to 
support her, she being now in her 76"' year. And Praying leave to 
sell the same for her support, 

[Read and] 

Ordered That the Prayer of the Petition be so far granted as that 
the Petitioner be and hereby is impowered to make sale of the House 
and Laud mentioned in said Petition for the most the same will fetch, 
and to execute a good deed or deeds of conveyance thereof. She ob- 
serving the Rules in the Law respecting the Sale of Real Estates by 
Executors and Administrators and giving sufficient caution to the 
Judge of Probate for the County of Essex that the money arising 
from the Sale thereof be applied for the purposes mentioned in the 
Petition. [Passed February 2. 



CHAPTER 285. 

vote granting to EDWARD PAYSON, JR, LICENCE TO KEEP AN INN. 

A Petition of Humphry Hobson and others Selectmen of Row- Legislative 
ley Setting forth That since the Bridge over Old Town Ferry in cowif.xliv^. 
Newbury has been built, the course of travelling is so altered, as 222. Mass. 

, 1 -^ . 1 m 1 .. i 1 1 X • Archives, cxi., 

to render it necessary to have a iavern set up for the accomodation 515^ 



122 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 2M, 287.] 



Mass. 

Archives, cxi., 
514. House 
Journal, p. 214. 



of Travellers. And Praying that Edward Payson may be licensed 
for that Purpose. 

[Eead and] 

Voted, That the Justices of the Court of General Sessions of the 
Peace for the County of Essex be, and hereby are empowered at 
their next Term, to grant unto Edward Payson Jun"" of Rowley a 
Licence as an Inn-holder in said Town, he first obtaining the Appro- 
bation of the Selectmen, the Time for granting Licences being elapsed 
notwithstanding. {^Passed February 2, 



CHAPTER 286. 



ORDER REDUCING THE PROVINCE TAX OF THE TOWN OF SUNDERLAND. 



Legislative 
Records of the 
Council, xxiv., 

-m. 

House .Jour- 
nal, pp. 197, 213. 
Province 
Laws, iv., 476, 
cliap. 17 ; 54.5, 
note. 



A Petition of Nathanael Smith and Others, Selectmen of the 
Town of Sunderland Setting forth That the Tax laid upon them 
in the last Valuation so far exceeds that of other Towns, exceeding 
in particular that of the Town of Deerfield, that they apprehend 
there must be some great mistake therein, And Praying Relief. 

Read and in answer 

Ordered That the Assessors of said Town of Sunderland instead 
of assessing the Sum of Two hundred and seven pounds five shil- 
lings and five pence set upon the present year (including Repre- 
sentatives Pay) that they assess only the Sum of One hundred and 
thirty two pounds five shillings and five pence inclusive of their 
Representatives Pay as aforesaid. \^Passed February 2. 



Legislative 
Records of the 
Council, xxiv., 
•Iti. Mass. 
Archives, xix., 
709. 

Mass. 

Archives, xix., 
708. House 
•Journal, 
pp. -218, 219. 
Province 
LawSjii., 1.51, 
chap. 10; xvi., 
619, chap. 117. 



CHAPTER 287. 

ORDER IMPOWERING THE GUARDIANS OF THE CHILDREN OF REV" 
MR. JOHN WHITE, TO SELL REAL ESTATE. 

A Petition of Thomas Allen and Others Setting forth That the 
Rev*^ M'' John White of Glocester deceased by his last Will devised 
all his Real Estate to be equally divided among three of his Chil- 
dren then living and the heirs of two of them who were tlien dead; 
that some of the Children are since dead, and the heirs are now 
numerous and some of them live remote. That the Real Estate con- 
sists of a Dwelling House and Barn, about nine Acres of Pasture 
Land, a few Acres of Orcharding, mowing Land and Salt marsh 
apprized at £305.6.8 whereof one third is already set off to the 
Widow, and to divide the other two thirds among all that are inter- 
ested in it would be of little service. And Praying liberty to sell the 
whole of the said Real Estate, the jaroduce to be divided among 
those severally interested therein. 

Read and 

Ordered that this Petition be revived and that the Prayer thereof 
be granted and that the Guardians of s'' minors be and they hereby 
are impowered to make sale of the s*^ minors Intrest in the Estate 
of the Deceased, and in their Reversion of the same and give a good 
and sufficient Deed or Deeds for the same they observing the Direc- 
tions of the Law for the sale of Real Estates by Executors and 



[3d Sess.] Province l^ aw ii {Resolves, etc.). — 1761-62. 123 

Administrators and giving sufficient Caution to the Judge of Pro- 
bate for the County of Essex to account for the proceeds of such 
Sale according to Law. \^Passed February 2. 



CHAPTER 288. 

ORDER ALLOWING £15 TO JA^ MORTON. 



A Petition of James Morton of Blanford Clerk Setting forth ^^sisiative 
That as He dwells on the Road leading from the Army, he hath council, xxiv., 
been frequently obliged to entertain both Officers and Soldiers. An-iiiv^es^^cv. 
which he hath done without asking or expecting any Pay; but it «i5^ 



hath so happened that on their Eeturn from the last Campaign Mass. 
they brought the Small pox into his Family, two of whom catch'd i^u. House""' 
the distemper, and one of them died, and to prevent the rest from pp"Si'fl^20 
taking it, he removed four of his Children putting them out to 
board ; all Avhich has been too expensive for his low circumstances 
in life to support. And Praying Relief. 

Read and 

Ordered that the Sum of fifteen pounds be allowed and paid out 
of the publick Treasury to the Pef in full for his expences men- 
tioned. \^Passed February 2. 



CHAPTEE 289. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE 
ON TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF MIDDLE- 
SEX AND ALLOWING £'). 17 FOR THE EXPENSE THEREOF. 

Thi: Committee to Farm out the duties of Excise upon Tea Legislative 
Coffee and China Ware in the County of Middlesex reported That ^^;i° cu' xl-iv^ 
they had sold the same to M' Samuel Blogget for £245 and had -j^s. 
taken Bond for the same, which they had lodged Avitli the Province House Jour- 
Treasurer. And Praying Allowance of the Expence attending said ^^j^'ef pf as, 
Sale, being £5.17. ^'^'^p' ^^s- ' 

Read and Accepted, And 

Ordered that the sum of Five pounds seventeen shillings be 
allowed and paid out of the Publick Treasury to the Committee 
for their expences and service in the Affair. {^Passed February 2. 



CHAPTER 290. 

VOTE IMPOWERING SARAH FISHER, WIDOW, AND JONATHAN RICE, 
GUARDIAN, TO SELL REAL ESTATE. 

A Petition of Sarah Fisher Widow and Relict of William Fisher Legisuative 
late of Holden deceased and of Jonathan Rice Guardian of Sarah councu, 'xxw*, 

Fisher daughter of said deceased an Infant of about four years of 224^ 

age Setting forth That the said deceaseds Real Estate consists House Jour- 
of about ninety Acres of Land in said Holden with very little im- pVoviiice ' 
provements thereon apprized at £140. That said Estate will rent for ^ifaYi! 10;' ^^^' 



124 



Province Laws {Resolves, etc.). — 1761-62. [Chap. 291.] 



about Four pounds i\p Annum the repairs to come out of that sum, 
and that they apprehend it will be more for the Childs benefit to 
have the place sold, and the money arising by such Sale put out 
at Interest than to keep the Estate. And Praying leave to sell the 
same accordingly 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the Petitioners in their capacity be and hereby are impowered to 
make Sale of the Real Estate within mentioned for the most the 
same will fetch and to pass and execute a good deed or deeds in 
the Law to the Purchaser or Purchasers, they observing the direc- 
tions of the Law relating to the Sale of Real Estates by Executors 
and Administrators and giving sufficient caution to the Judge of 
Probate for the County of Worcester to apply the proceeds of said 
Sale as in said Petition mentioned. \^Passe(l February 2. 



CHAPTEK 291 



ORDER IMPOWERING THOMAS FOSTER, ESQ", ADM^ TO SELL AN ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Ret'ords of the 
Council, xxiv., 
2-28. 

House Jour- 
Dill, p. 215. 
Proviuce 
Laws, ii., lol, 
chap. 10. 



A Petition of Thomas Foster Esq' of Plymouth Setting forth 
That he is appointed Administrator de bonis non with the Will 
annexed of the Estate of Gershom Stetson of Scituate deceased, 
who by his last Will devised his Estate to his three Sisters and the 
Children of four deceased Brothers and of one deceased Sister, the 
number of whom amounts to 30, or 31 Persons, who live in the dif- 
ferent Governments of Massachusetts, Conuecticutt, Rhode Island 
and Nova Scotia. That the Real Estate consists of a House and Barn 
and about fifty Acres of Land apprized at £188.14.4 which it is 
impossible to divide among the respective Devisees, a great part 
of whom are therefore desirous it should be sold, and the produce 
divided among them. And Praying liberty to sell the same accord- 
ingly. 

Read and 

Ordered That the Prayer of the Petition be granted, and the 
Administrator in his capacity be and hereby is impowered to make 
Sale of the Lands mentioned in the Petition, and make and execute 
good & sufficient deeds of the same. Provided he give fifty days 
notice in some one of the Boston News Papers of the time and 
place of Sale, and that none of the heirs object to the Sale of said 
Lands within the term mentioned, and that the Lands are not sold 
for less than they have been apprized at. It is further 

Ordered that the Petitioner pay the Proceeds to the several 
Devisees in proportion to their respective Interests in the said 
Estate, & the Petitioner is to give caution to the Judge of Pro- 
bate for the County of Plymouth accordingly. [Passed Febru- 
ary 4. 



[3d Sess.] Province Laws (^Resolvefi , etc) . — 1761-62. 125 



CHAPTER 292. 

VOTE THAT THE PROVINCE TREASURER GIVE BOND WITH SURETIES 
AND APPOINTING A COMMITTEE TO EXAMINE THE SAME. 

In the House of Representatives Legislative 

Voted that no Person who shall be chosen by this Court into the coIinc*if, x4iv^. 

Office of Treasurer and Receiver General for this Province for the -^ . 

present year shall be esteemed duly qualified to enter upon the ex- House Jwir- 
ecution of that Office until he shall first have an Oath Administred /«/™,'chap. 
to him for his faithful performance of his said Office ; and shall '^^^• 
give bond with sufficient Sureties to the acceptance of a Committee 
appointed by this Court for that purpose in the Sum of Thirty Thou- 
sand 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 especially authorised for this purpose, 
which Bond shall be conditioned for such Treasurers truly and faith- 
fully discharging the duty of his Office according to Law, and for- 
his rendring an Account when and 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 and truly 
paying to his Successor in said Office or to any other Person that 
may be appointed by the General Court to receive the same all such 
sum or Sums of money as upon such Settlement of his said Accounts 
or otherwise shall be found due and payable from him to the Prov- 
ince : Provided that said Bond be put in Suit within two years next 
after the date thereof, otherwise to be void and of no Effect : and 
that Royall Tyler and Thomas Cushing Esq" with such as the hon- 
orable Board shall join be a Committee to judge of the sufficiency of 
such as may offer to become Sureties for the Treasurer as aforesaid. 
In Council Read and Concurred and Thomas Hancock Esq' is 
joined in the affair. \^Passed February 5. 



CHAPTER 293. 

VOTE APPOINTING HARRISON GRAY, ESQ", AS PROVINCE TREASURER. Legislative 

Records of tUe 
Council, xxiv., 

According to xiGREEMENT the two Houses proceeded to the 23L 

choice of Civil Officers for the present year when Harrison Gray House Jour- 
Esq"" was chosen Treasurer and Receiver General for the Province swpra, chap, 
by a major part of the Council and House of Representatives. -^2- 
{^Pas&ed February 5. 

CHAPTER 294. 

VOTE APPOINTING THOMAS HUBBARD AS OFFICER FOR PURCHAS" PRO- 
VISIONS. 

According to Agreement the two Houses proceeded to the Legislative 
choice of Civil Officers for the present year when the honorable couucu', xxiv^, 

Thomas Hubbard Esq"" was chosen the Officer for purchasing Pro- ?3l 

visions &c for the several Garrisons and Forts by a major Vote of ^jf,y^j® f^g'^''- 
the Council and House of Representatives. {Passed February 5. 



126 



Province ljAVfs{Remlves,etc.). — 1761-62. [Chaps. 295-297.] 



CHAPTER 295. 



VOTE APPOINTING JAMES RUSSELL COMMISSIONER OF IMPOST. 



Legislative 
Records of the 
Couucil.xxiv., 
•231. 

House Jour- 
nal, p. 229. 



AccoRDiXG TO Agreement, the two Houses proceeded to the 
choice of civil Officers for the present year when James Eussell 
Esq'' was chosen Commissioner of Impost by a major Vote of the 
Council and House of Eepresentatives. \^Passed February 5. 



CHAPTER 296. 

VOTE APPOINTING COLLECTORS OF EXCISE FOR ALL COUNTIES. 

Records^of the ACCORDING TO AGREEMENT the two Houscs proceeded to the 
Council, xxiv., choicc of civil Officers the present year, when the Underwritten 

'-^ Persons were chosen Collectors of Excise on spirituous Liquors &c 

na°i"pp.'229^m for the several Counties hereafter mentioned by a Major Vote of the 



Council and House of Representatives 



County of Suffolk 
County of Middlesex 
County of Essex . 
County of Hampshire 
County of Worcester 
County of Plymouth 
County of Barnstable 
County of Bristol . 
County of York . 
Dukes County 
County of Nantucket 
County of Cumberland 
County of Lincoln 
County of Berkshire 



M' Thomas Fletcher 
M' John Remington 
Daniel Epes Esq'' 
M'' Solomon Stoddard 
Gardner Chandler Esq^ 
M'' John Cushing jun'' 
Nath' Stone Esq'' 
M'' Seth Williams 
M^ Daniel Clark 
M'' James Allen jun'' 
Obed Hussey Esq' 
M'' Theophilus Bradbury 
Charles Cushing Esq' 
M'^ Elisha Jones juni^ 



\_Passed February 5. 



CHAPTER 297. 



VOTE APPOINTING NOTARIES PUBLIC. 



Legislative 
Records of the 
Council, xxiv., 
2.32. 

House Jour- 
nal, pp.230, 231. 



According to Agreement the two Houses proceeded to the 
choice of Civil Officers for the present Year, when the Under- 
written Persons were chosen Public Notaries for the several Ports 
hereafter mentioned by a major Vote of the Council and House 
of Representatives. 



For the Port of Boston. 

For the Port of Salem . 

For the Port of Marblehead 

For the Port of Gloucester 

For the Port of Newbury 

For Plymouth 

For Barnstable 

For Bristol . 

For York 

For Kittery . 

For Wells . 

For Cumberland 

For Lincoln . 

For Dukes County 

For Nantucket 



Ezekiel Goldthwait Esq'' & M'' Ezekiel Price 

John Nutting Esq'' 

John Chipman Esq'' 

Daniel Witham Esq'' 

William Atkins Esq' 

Edward Winslow Esq' 

Solomon Otis Esq'' 

Mess'-s Tho*' Gilbert and Elisha Tobey 

Daniel Moulton Esq'' 

M'' Charles Chauncy. 

M'' John Wheelwright 

Stephen Longfellow Esq' 

M'' Thomas Moulton 

John Norton Esq'' 

Mf Obed Hussey. 



\Passed February 5. 



[3i) Sess.] Province Laws {Resolves^ etc.). — 1761-62. 127 



CHAPTER 298. 

ORDER REMITTING TO JACOB JOY A FINE FOR SELLING LIQUOR WITH- 
OUT A LICENCE. 

A Petition of Jacob Joy of Weymouth Setting forth That at Legislative 
the desire of many People in a time of Sickness he had sold Eum councif.xxiv^, 
in the said Town, having obtained the approbation of the Select- Archi^es^l-xx. 
men, but not a License from the Court of Sessions. That the Col- 405. 
lector of Excise for the County of Suffolk hath prosecuted him Mass. 
for breach of Law and recovered of him upwards of Twenty four 404?*^Hou8e^''^'' 
pounds And Praying that he may be relieved. "^""ise V29 

Read and province 

Ordered that the Prayer of the Petition be So far Granted as note.^' '^■' ^''' 
that the Collector of Excise for the County of Suffolk be Directed 
to Remit to the Petitioner the Provinces part of the fine* on the 
Several Convictions mentioned in the Petition the Petitioner first 
paying two pounds six shillings & Eight pence being the Duty on 
70 Gallons of Rhum & Spirits Sold by him. [Passed February 6. 



CHAPTER 299. 

VOTE IMPOWERING ELISABETH TAILER, ADM^, TO SELL PART OF AN 

ESTATE. 

A Petition of Jacob Royall, William Tailer and Sarah Tailer in Legislative 
behalf of themselves, and Elisabeth Tailer Administratrix of the ^^S'xxlv!; 
Estate of Gillam Tailer late of Boston in the County of Suffolk 233^ 



Physician deceased, and Guardian to her children Abigail and Gillam House Jour- 
Setting forth That the said Abigail and Gillam are interested one province'' 
fifth part in a Tract of undivided Land in the Town of Lunenburgh ^^a^^'io''^^'' 
in which the said Elizabetli their mother has her Right of Dower, 
that the other Proprietors are about selling their interest in the said 
Tract of Land, and as she apprehends it Avill be for her interest and 
the interest of her Children to sell the said fifth part. Praying leave 
to sell the same accordingly. 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
Elisabeth Tailer in her capacity of Administratrix on the Estate 
of Gillam Tailer deceas'd, be and hereby is authorised and impow- 
ered to make Sale of the one fifth part of the Tract of Land (belong- 
ing to the Estate of the said Gillam) as mentioned and set forth in 
the Petition, and to execute a good legal deed or deeds of the same, 
She observing the directions of the Law respecting the Sale of Real 
Estates by Executors and Administrators and giving sufficient cau- 
tion to the Judge of Probate for the County of Worcester to account 
for the proceeds of said Sale according to the directions of the Law. 
[Passed February 6. 



128 



Pkovince Laws {Resolves, etc.) . — 1761-62. [Chaps. 300, 301.] 



CHAPTER 300. 



VOTE IMPOWERING JEDEDIAH BOURN, GUARDIAN, TO JOIN WITH 
OTHERS IN MAKING SALE OF LANDS. 



Legislative 
Records of the 
Council, xxiv., 
234. 

House Jour- 
nal, p. '217. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Persis Kent of Boston Widow, Eobert Jenkins 
of Boston Merchant and Persis his Wife, Elisabeth Kent of Boston 
Spinster, and Jedediah Bourn of Marshfield, Guardian of Joseph 
Kent and John Kent Minors Children of the said Persis Kent Set- 
ting forth That the said Minors are interested with the other Peti- 
tioners in a few Acres of Land in Marshfield so situated as to be 
incapable of making a settlement, and all the others interested 
therein are desirous of Selling their Shares; And Praying leave to 
sell the said minors Shares of the said Land. 

[Read and] 

Voted That the Prayer of the Petition be granted, and that Jedi- 
diah Bourn Guardian to Joseph and John Kent minors and Children 
of Persis Kent be impowered to join with the other Petitioners in 
making sale of the said Lands mentioned in said Petition, and to 
make and execute a good deed or deeds for conveyance thereof he 
giving sufficient security to the Judge of Probate for the County 
of Plymouth to account with the said minors for their part of the 
proceeds of the Sale and interest thereon when they shall respec- 
tively arrive at lawful Age. \^Passed February 6. 



CHAPTER 301. 

ORDER IMPOWERING JOANNA TOTMAN TO SELL LAND AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv.. 

House Jour- 
nal, p. •227. 



A Petition of Joanna Totman ' of Plymouth setting forth 
That her husband died very poor, and she hath four Children one 
of whom was born after the decease of her said Husband, that the 
said Children are interested one fourth part in a Lot of Land left 
them by their Grandmother which is not worth more than seven or 
eight pounds at the most. And Praying she may be enabled to sell 
the same for their Support, 'till they shall be fit to put out into 
good Families. 

Read and 

Ordered That the Prayer of the Petition be granted, and that the 
Petitioner be allowed to make Sale of the Lands mentioned in the 
Petition and to make and execute a good and sufficient deed or 
deeds of the same. She giving caution to the Judge of Probates 
for the County of Plymouth that the money arising by the sale of 
the Lands be improved for the support of the Children of the said 
Joshua Totman. \^Passed February 6. 

• The House Journal, p. 227, reads, " Tolman." 



[3d Sess.] Province Laws {Eesolves, etc.). — 1761-62. 129 



CHAPTER 302. 

ORDER IMPOWERING SAMUEL WARREN AND JOHN LELAND, GUAR- 
DIANS, TO SELL LAND AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Samuel Warren of Mendon, Guardian to Bridget Legislative 
Morse, a person non compos mentis, Widow of Aaron Morse late councif, xxiv.^ 
of Holliston deceased, and of John Lealand of Holliston Guardian -^ 



to Ann and Mary Morse Minors, and Children of said deceased, and ^aTT m*^"^" 
of said Widow Setting forth That the deceaseds Farm is much out Province 
of Kepair, and the House not worth repairing; that it will rent for chap!'io.'' ' 
no more than Ten pounds ^ Annum, the Widows thirds of which 
is not sufficient for her support, and that they can now sell the place 
to great advantage. And Praying the Courts consideration here- 
upon. 

Eead and 

Ordered That the Prayer of this Petition be granted, and that 
the Petitioners be allowed and impowered (in their capacity) to 
make sale of the Lands & Buildings within mentioned for the 
most the same will fetch, they first posting up notifications of 
time and place of Sale according to Law in that case provided, and 
giving sufficient caution to the Judge of Probate for the County 
of Middlesex that the Income of one third part thereof be for the 
Support of the Widow during Life, the residue to be divided to 
and among the heirs agreeable to law, and at the decease of the 
Widow such part as is assigned to said Widow be also divided among 
the heirs as aforesaid. [Passed February 6. 



CHAPTEE 303. 

ORDER IMPOWERING EZRA HOLBROOK, GUARDIAN, TO SELL LANDS 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Ezra Holbrook of Sherburne Guardian to Caleb Rlforlfonhe 
Gardner a minor Setting forth That the said minor hath been by council, xxiv., 

sickness rendred for a long time incapable of service, and it is not '^— — 

likely he will ever be capable of performing any servile business; ^Xp®2iT^ 
that his personal Estate is spent, and he remains still in debt; that Province 
his Real Estate is so circumstanced that it cannot make a proper cifap!'io.'' ' 
Farm or Settlement, and the Income of it is not more than a third 
part of what the produce of the Sale would yeild upon Interest. 
And Praying leave to make Sale of the said Estate for the benefit 
of the said minor. 

Read and 

Ordered That the Prayer of this Petition be granted, and that 
the Petitioner be allowed and impowered in his said capacity to 
make Sale of the Real Estate in said Petition mentioned for the 
most it will fetch, and to make and Execute a good and sufficient 
deed or deeds of conveyance thereof, he observing the directions 
of the Law respecting the Sale of Real Estates by Executors and 
Administrators and giving sufficient caution to the Judge of Pro- 
bate for the County of Middlesex that the produce arising by such 



130 



ProvixNCe Laws {Besolves, etc.). — 1761-62. [Chaps. 304-306.] 



Sale shall be applied for the purposes mentioned and that the over- 
plus, if any there be, he be accountable for agreeable to Law. 
[Passed February 6. 



CHAPTER 304. 



Legislative 
Records of the 
Council, xxiv., 
237. Mass. 
Archives, 1., 
161. 

Mass. 

Archives, 1., 
160. House 
Journal, p. -132. 
Province 
Laws, iv., 391, 
chap. 11; 441, 
note. 



ORDER REMITTING TO THE TOWN OF FALMOUTH £10 FINE FOR NOT 
SENDING A REPRESENTATIVE IN 1760-61. 

A Petition of Joseph Eobinson Representative of the Town of 
Falmouth in the County of Barnstable Setting forth That the said 
Town considering the smallness of it and the poverty of its Inhabi- 
tants did not send a Eepresentative to Court in the year 1760, for 
which the then House of .Representatives fined the said Town Ten 
pounds, which they esteem a great hardship. And Praying Relief. 

Read and 

Ordered that the prayer of the Pet" be granted and that the sum 
of ten pounds be granted out of the publick Treasury to Cap* Joseph 
Robinson for the Use of said Town. [Passed February 6. 



CHAPTER 305. 



RESOLVE ALLOWING £100 FOR SICK SOLDIERS SERVING AT THE WEST- 
WARD. 



Legislative 
Records of the 
Council, xxiv. 
237. Mass. 
Archives, 
Ixxx., 125. 

House Jour- 
nal, p. 231. 



In the House of Rep^®* 

The House being informed that the Soldiers in the pay of this 
Province & serving westward are falling under Scorbutick Disorders. 

Resolved that John Ashley Esq"^ be appointed & impowered to Pro- 
vide such things as are best to help said Soldiers under that or any 
other Disorders & have them immediately transported to the People 
& the better to enable him to execute this Trust, that the sum of 
one hundred Pounds be paid him by the Treasurer to be disposed 
of in whole or in part as he finds their Circumstances require & 
he to report to this Court his doings thereon. 

In Council Read and Concurred. [Passed February 6. 



CHAPTER 306. 



Legislative 
Records of the 
Council, xxiv., 

237. 

Mass. 
Archives, 
Ixxviii., .566; 
Ixxix., 616; 
Ixxx., 77, 117, 
118. House 
Journal, 
pp. 227, 228. 



ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

The FOLLOWING Orders passed upon Sick and wounded Soldiers 
viz* 

To Josiah Dwight Esq'' the sum of £2 for the use of Charles Col- 
ton in full. To Josiah Keen Esq"" £6 for the use of Ichabod Bonney 
in full. To Tho^ Goldthwait Esq' £8.16.8 for the use of Samuel 
Jenks in full, To Ezekiel Turner Esq'' £2 for the use of Thomas 
Rogers in full. To Cap*^ Abel Lawrence £4.8 for the use of the 
Selectmen of Groton in full. To Solomon Doane £2.9 in full. To 
Brigadier Ruggles £3.6 for the use of Edward Smith in full. To 
Samuel Phillips Esq'' £1.4 for the use of George Davis in full. 
To Cap* Joseph Robinson £12.16 exclusive of the Doctors Bill for 



[3d Sess.] Province Laws (Hesolves, etc.). — 1761-62. 131 

the use of Eeuben and Cornelius Fish in full. To Henry Gardner 
Esq-" £3.2.8 for the use of Peter Wheeler in full. To Cap' Enoch 
Kidder £3.15.8 for the use of Eleaner Bayley in full. [Passed 
February 6. 



CHAPTER 307. 

VOTE IMPOWERING CHA^ PIERCE, J«, GUARDIAN, TO SELL AN INTER- 
EST IN AN ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Charles Pierce jun'' of Xewbury, Guardian to his Legislative 
daughter Sarah, only Child of the Petitioners late Wife, Daughter coSncu^ xliv*' 
of Grafton Feaveryear of Boston deceas'd Setting forth That his 238. 
said Daughter in Right of her deceased mother is interested one House Jour- 
fourth part in a Wooden House and lot of Land in Boston. That province**' 
the other heirs who are of Age judge it for their interest to sell Laws.n., i5i, 
their Shares, and as one quarter part only of said House and Land 
can be of little benefit to the said minor, Praying leave to sell the 
same, the produce thereof to be improved at interest for the benefit 
of said daughter. 

[Read and] 

Voted that the Prayer of this Petition be so far granted as that 
the Petitioner in his capacity of Guardian be impowered to make 
Sale of his daughters interest in the House and Lot of Land in 
said Petition mentioned for the most the same will fetch and to 
make and execute a good deed of the same, giving sufficient cau- 
tion to the Judge of Probate for the County of Suffolk, that the 
money arising by said Sale shall be let to interest for the benefit of 
his said daughter Sarah until she Arrive to lawful Age: and then 
the whole sum both of Principal and Interest be paid to the said 
Sarah. [Passed February 8. 



CHAPTER 308. 

ORDER IMPOWERING HANNAH LIBBEY, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Hannah Libby Administratrix of the Estate of Legislative 
Jonathan Libby late of Scarborough in the County of Cumberland councff, xxi^v!! 

deceased Setting forth That the deceaseds jjersonal Estate will '^^ 

not pay his just debts by £144.13.41/^ he having just before his Ho"se Jour- 
decease made a purchase of Lands which are still unpaid for. And Province ' 
Praying leave to sell so much of the said deceaseds Real Estate as ^h^^'io!'^^^' 
will be sufficient to pay his just debts. 

Read and 

Ordered That the Prayer of the Petition be so far granted as that 
the Petitioner in her capacity of Administratrix be and hereby is 
impowered to make sale of so much of the Real Estate mentioned 
in the Petition as will amount unto the sum of One hundred and 
forty four pounds 13/41/^ for the most the same will sell for, and to 
make and execute a good deed or deeds of sale in the law for con- 
veying the same, she observing the directions of the Law relating 
to the Sale of Real Estates by Executors and Administrators and 



132 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 309-311.] 



Legislative 
Records of the 
Couucil.xxiv., 
'J39. Mass. 
Archives, 
Ixxx., 124. 

Maes. 
Archives, 
Ixxx., 124. 
House Jour- 
ual, p. 234. 
Province 
Laws, xvi., 247, 
chap. 89. 



giving sufficient caution to the Judge of Probate for the County 
of Cumberland that the proceeds arising by said Sale be applied 
to the payment of the just debts of the said deceased. \_Passed 
February 8. 



CHAPTEK 309. 

VOTE ALLOWING £3 TO THO^ SIMONS. 

A Petition of Thomas Simons of Eehoboth Setting forth That 
he was a Soldier in the Pay of the Province in 1758, and lost his 
Grun in the Action at Ticonderoga, for which Gun there was three 
pounds stopped out of his Wages. And Praying Relief. 

[Read and] 

Voted That y® sum of Three pounds be paid out of y*' publick 
Treasury to Jarathmell Bowers Esq"" (in full) for y^ Use of y® peti- 
nourr. \^Passed February 8. 



Legislative 
Records of the 
Council, xxiv., 
239. 

Legislative 
Records of the 
Council, xxiii., 
671,692. House 
Journal, p. 232. 
Province 
Laws, iv., 432, 
chap. 38; 450, 
note. 



CHAPTEE 310. 

VOTE APPOINTING MARK HOPKINS TREASURER OF BERKSHIRE COUNTY. 

It APPEARING to this Court that by the Law erecting the County 
of Berkshire no Provision is made for appointing a County Treas- 
urer for said County. 

Therefore 

Voted That Mark Hopkins of Great Barrington be, and he is 
hereby appointed Treasurer of the said County of Berkshire with 
full Power to do and transact all things that a County Treasurer by 
Law may do, and that before he enter upon his Office he be sworn 
before the Court of General Sessions in said County, or two Justices 
of the Peace Quorum Unus to the faithful discharge of his Office, 
and to continue in said Office until the ToAvns in said County pro- 
ceed to choose a County Treasurer agreeable to Law. [Passed 
February 8. 



CHAPTER 311. 



ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxiv., 
240. 

Mass. 
Archives, 
lxxix.,627,629; 
Ixxx., 52, 63. 
House Jour, 
nal, p. 234. 



The FOLLOWING Orders passed upon Petitions of Sick and 
wounded Soldiers viz* 

Ordered That the Sum of One pound ten shillings be paid out of 
the Public Treasury to M'^ Woodbridge Brown for the use of Heph- 
sibah Townsend in full. To Cap* Ebenezer Thayer £5. 16 exclusive 
of the Doctors Bill for the use of Dorothy Lufkin in full. To Moses 
Marcy Esq"" £1.15 for the use of Andrew Blunt in full. \^Passed 
February 8. 



[3d Sess.] Province Laws {Resolves, etc.). — 1761-62. 133 



CHAPTER 312. 

VOTES IN REGARD TO PAYMENT OF WAGES TO SOLDIERS, MAKING 
UP MUSTER-ROLLS, AMOUNTS DUE SOLDIERS FOR BILLETING AND 
CHARGES FOR APPREHENDING DESERTERS. 

In the House of Eepresentatives Legislative 

Voted, That the Captains or Commanding Officers of Companies councff xxiv!* 
who were raised by this Province in the year 1761 for the security 24i. 
of his Majesty's Dominions and the Possession of his conquests in Legislative 
North America both at the Eastward and Westward be allowed the council^ xxiv.*! 
Pay of twenty five days after their Return to their respective Homes jour?ai^^^ 
for making up their muster Rolls ; also for their Travel to Boston in pp- 234, m 
order to present the same for Allowance, allowing twenty Miles for 
a days travel And that they be allowed to stop in a distinct Column 
what they have Advanced in Cash for their Men, and also for such 
necessaries as they have supplyed them with or given their Orders 
for before the Suttlers arrived at the Camp; also for such things as 
were absolutely necessary for their Return home, and for what the 
said Men are indebted for the purchase of any deceased Soldiers 
Cloaths by them bought: and also in a distinct Column what is due 
from the men to the Sutlers; the Accounts of such Officers and 
Suttlers being first laid before a Committee of this Court for their 
inspection, "and not being contrary to the Orders under which 
they acted,"' that in behalf of said men they may make Objections 
to any charge for supplies which they may judge unreasonable; and 
that Col° Phillips, M"" Tyler, M"" Hatch, M"^ Cushing, Cap' Livermore, 
Cap*^ Goldthwait and M'' Paine with such as the honourable Board 
shall join be a Committee for that purpose, any three of them to 
be a Quorum. Provided also that there be no greater Stoppage made ' 

out of the Wages of minors than one half of the same exclusive 
of the Cloathing and other Supplies advanced by this Government : 
And also that fair copies of all such Accounts be lodged with the 
Treasurer for the inspection of the Soldiers before any payment be 
made on the muster Rolls to the Suttlers who have any Allowance 
made them thereon. Provided also that if any Soldier shall be un- 
justly charged in any of said Accounts either by the Officer or Sutler, 
such Officer or Sutler shall be liable to the Action of such Soldier, 
the determination of the Committee of this Court as aforesaid not- 
withstanding. 
Also 

Voted that the several captains and Commanding Officers in mak- 
ing up the muster Rolls of their respective Companies shall not only 
conform to the Establishment for the Wages both of the Officers 
and Soldiers, but shall also make up those that are dismissed until 
their Return into this Province with allowance for so many days 
more as to carry them to their respective homes, accounting fifteen 
miles for a days travel, and those that are not dismiss'd and remain 
still in the Service at the Westward until the 17"" day of November 
last ; and those that still remain in the Service at the Eastward until 
the 13'^ day of December last: and that there be a Column in said 
Muster Rolls setting forth what is due to each man for billeting 
home at the rate of eight pence per day accounting fifteen miles 
for a days travel from their entring into the Province to their re- 
spective homes. And that the several Officers in making up their 



131 



Province Laws (i?eso?i?es, ete.). — 1761-62. [Chaps. 313, 314.] 



Eolls be, and hereby are directed to deduct out of Soldiers billeting 
who are returned from the Westward the sum of two shillings and 
eight pence being the sum advanced by the General. 

And Whereas many of said Soldiers were subsisted in their way 
home by Taverners and Others on the credit of the Government, 
Therefore 

Voted That before such Soldier shall receive any part of what 
shall be due to him on said Roll for billetting, he shall make Oath 
before some Justice of the Peace in the Province, or before the 
Province Treasurer, who is hereby impowered to Administer the 
same, that lie has not taken up so much upon the credit of the Prov- 
ince in his return home as is due to him for billetting; in that case 
he shall receive the ballance. 

And Whereas many Soldiers who deserted have been apprehended 
and afterwards joined their respective Companies, 

Voted That the charges of apprehending said Soldiers and send- 
ing them to their respective Companies be deducted out of said 
Soldiers Wages, and that a Stoppage be made in the muster Rolls 
accordingly. 

In Council Read and Concurred and Samuel Watts John Erving, 
William Brattle, James Russell and Thomas Flucker Esq"^' are joined 
in the Affair. \^Passed February 9. 



CHAPTER 313. 



VOTE ALLOWING £1. 12 TO JA^ PATTERSON. 



Legislative 
Records of the 
Council, xxiv., 
244. Mass. 
Archives, 
Ixxx., 104. 

Mass. 
Archives, 
Ixxx., 104. 
House Jour- 
nal, p. 236. 



A Petition of James Patterson of Sudbury Setting forth That 
his Son Jonathan Patterson inlisted as a Soldier in the Pay of the 
Province in 1758, and was killed in the Service at whicli time his 
Gun being his own property, was lost. And Praying an Allowance. 

[Read and] 

Voted That y*^ sum of One pound Twelve shillings be paid out 
of y^ publick Treasury To John Noiue ' Esq"" in full for use of y® 
petitinour. [Passed Fehriiary 9. 



CHAPTER 314. 



Legislative 
Records of the 
Council, xxiv., 
244. Mass. 
Archives, 
Ixxx., 89. 

House Jour- 
nal, pp. 204, 236. 



ORDER ALLOWING 21/ TO JER: SWAIN. 

A Petition of Jeremiah Swain of Reading Setting forth, That 
in the Year 1758 He had a Servant named Mingo a Soldier in the 
pay of the Province, who subsisted himself on his return home And 
Praying an Allowance for his billetting. 

Read and 

Ordered that the Sum of twenty one Shillings be paid out of the 
publick Treasury to the Pef for billeting his Servant as above men- 
tioned. \_Passed February 9.^ 

* The House Journal, p. 236, reads, "John Noyes." 

^ This date is according to Legislative Records of the Council. The date of final con- 
currence in the Council is given in Mass. Archives as February 2, evidently a mistake, as 
the same order states that its reading in the House occurred on February S. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1761-62. 135 



CHAPTER 315. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY JN'^ WHET- 
COMB, ESQ« HIS WAGES IN FULL. 

A Petition of John Whetcomb Esq' Setting forth That He Legislative 
had the Command of a Regiment in the Pay of the Province in councif xxVv*' 
the year 1760, and received large sums out of the Treasury for '^44. Mass! 
Levy money: and that having a quantity of money and Treasurers ix^xx!,Yn. 



notes sometime in July that year, he locked them up at his Lodg- Mass 
ings in Boston, in a house he had used for more than twenty Years i^^^^^^ntj 
when in Town without meeting with any Loss; but so it was that House Jojir- 
One hundred and twenty one pounds of the said money secured as ^'^'-I'-^s-- 
aforesaid was stolen from him, which he has not been able to recover 
notwithstanding he hath used the most likely means for that pur- 
pose. And Praying Relief. 

Read and 

Ordered that the prayer of tnis Petition be So far Granted, That 
the Treasurer be Directed to pay the Petitioner the wages that are 
Due to him without any Deduction, And that the Petitioner Use 
his best Indeavors to finde out the Person or persons that Stole the 
Notes and money within mentioned, and if it Should be Recovered, 
the Petitioner then to be accountable to the Treas"' of this Province 
for the Time being. \^Passed February 9. 



CHAPTER 316. 

ORDER REMITTING TO THE TOWN OF TOPSFIELD £10 FINE FOR NOT 
SENDING A REPRESENTATIVE IN 1759-60. 

A Petition of the Town of Topsfield by their Agent John Gould Legislative 
Praying that the Fine of Ten pounds laid on them by the House Council, xxiv., 
of Representatives the last year for not sending a Representative Archiv^es^,^i. 

to the Great and General Court then sitting may be remitted; their }^ 

not sending being occasioned by the great expence they were at in Mass. 
building a new meeting House and in laying out a public Road in is^'^^House 

said Town. Province''' '^^" 

Read and Laws, iv., 251, 

Ordered that this Pet" be revived and the prayer thereof be granted note'.' ' ' 
and that the Sum of ten pounds be granted out of the publick Treas- 
ury to the Pef for the use of said Town accordingly. [Passed Feb- 
ruary 9. 



CHAPTER 317. 

ORDER REMITTING TO THE TOWN OF HARDWICK £12 FINE FOR NOT 
SENDING A REPRESENTATIVE IN 1760-61. 

A Petition of Timothy Ruggles Esq' of Hardwicke Praying Legislative 
That a fine of Twelve pounds laid on the said Town the last year for counc'if, x*x w^ 
not sending a Representative to Court, occasioned by diverse extra- '^^' j^j^g ®®( 
ordinary expences the Town was at, in that Year, may be remitted. 157. 



136 



Province Laws (Besolves, etc.). — 1761-62. [Chaps. 318, 319.] 



Eead and 

Ordered that the prayer of the Pet" be granted and the Treasurer 



House Jour- 
nal, ij. 237. 
Province 

chap^'iiT'iti?' is directed to pay the Sum of twelve pounds to the Pet"^ for the Use 
"^ote. of said Town accordingly. \^Passed Fehruary 9. 



Legislative 
Records of the 
Council, xxiv., 
248. Mass. 
Archives, 
xlvi., 453. 

Mass. 

Archives, 

xlvi., 452. 

House Jour- 

nal,pp.l07,239, 

240. Ante, 

p. 46, chap. 105. 



CHAPTER 318. 

ORDER ACCEPTING REPORT OF COMMITTEE ON THE POTASH FARM 
(SO CALLED) AND ALLOWING £3. 1. 9 FOR EXPENSE THEREOF. 

Pursuant to the Eesolve of the General Court passed on the 
11*'' day of July last respecting the 1,500 Acres of Province Land 
called the Potash Farm lying in Prince Town District in the County 
of Worcester; on the '^O**" day of last September I repaired to said 
Town with a Surveyor and Chainmen and have run the Lines, searched 
up and renewed the Bounds all round said Farm ; and I find that in 
the original laying out of said Farm, it was run in upon a prior Grant 
made to one M"^ Gardiner which will take sixty four Acres of said 
Farm. I also find that the most valuable part of the Timber on said 
Farm is cut off, and appears to have been chiefly done within two 
years last past, and I can't find out any Person who has done it 
except one Timothy Mossman who was then in possession of said 
Potash Farm (as he says) by virtue of a Lease from William Eich- 
ardson Esq'" as Agent for the Government, and was allow'd by him 
to cut the Timber aforesaid supposing it was on Land formerly called 
Mayhews Farm, and not on Province Land. 

And as to the Lots which have been laid out by the Proprietors 
of Lancaster in said Province Land, it plainly appears to have been 
done without the least colour of Eight for their so doing : but with- 
out doubt have gone upon the supposition that the original Plans 
and Bounds were lost, and that they might hold the Land by taking 
possession thereof. All which is humbly submitted 

(Signed) Ezra Taylor 

Eead and 

Ordered that this report be accepted and that the Sum of three 
pounds one Shilling and Nine pence' be granted out of the publick 
Treasury to Ezra Taylor Esq"" for his expences mentioned. [Passed 
February 11. 



CHAPTER 319. 



ORDER ALLOWING £-3 TO JOHN MERRILL. 



Legislative 
Records of the 
Council, xxiv., 
249. Mass. 
Archives, 
Ixxx., 57. 

House Jour- 
nal, pp. 236, 239. 
Province 
Laws, xvi.,247, 
chap. S9. 



A Petition of Benjamin Chadburne Esq' in behalf of John Merrill 
of Berwick Setting forth That the said John Merrill was a Soldier 
in the Pay of the Province in 1758 That on his return home as he 
passed thro' Haverhill Col° Saltonstall stopped his Gun being one 
of the Kings Arms, and that in making up the muster Eoll there 
was Ten ' pounds deducted from his Wages as it did not appear that 
he had returned his Gun, which being now forth coming. He prays 
He may have liberty to return it, and that he may receive his full 
Wages. 

' The House Journal, p. 236, reads, ^^ three Pounds.'' 



[3d Sess.] Province Laws {Resolves^ etc.). — 1761-62. 137 

Eeacl and 

Ordered that the Pef be allowed to return the Gun mentioned 
into the Commissary Genl's Office. And that the Sum of three 
pounds (the Gun being so returned) be granted out of the publick 
Treasury to the Pet' for the use of the above named John Merrell 
in full. \_Passed February 11. 



CHAPTER 320. 

VOTE GRANTING TO NAT: OSGOOD LICENCE TO KEEP AN INN. 

A Petition of Nathanael Osgood of Salem Setting forth That Legislative 
He hath obtained the recommendation of the Selectmen of Salem councif.xxiv^, 
to keep a House of Public Entertainment in the said Town. And 249- Mass. 

1 , A.rciiiVG8 CXI. 

Praying that the Court of Sessions next to be holden in the County 5i9. 
of Essex may be impowered to grant him a License for that purpose. Mass. 

Read & Archives, cxl.. 

Voted, That the Prayer of this Petition be so far granted, as that 
the Justices of the Court of Gen' Sessions of the Peace for the 
County of Essex, be allowed at their next Sitting on the last Tues- 
day of March next, to grant the Petitioner a Licence (if they see 
cause) to keep a Tavern in Salem, he producing the Approbation 
of the Selectmen of said Town, the time for granting Licences 
being elapsed notwithstanding.' \_Pasiied February 11. 



CHAPTER 321. 

VOTE ALLOWING 40/ TO JER: WOOD. 



A Petition of Jeremiah Wood Setting forth That his Son Kim- Legislative 
ball Wood was a Soldier in the Pay of the Province in 1758. and counc'if xiiv® 
carried his own Gun, and by being employed in bringing off the 249. Mass', 
wounded men after the Action of Ticonderoga, he lost his Gun ^^x^Jfl.' 
And Praying an Allowance, House Jour- 

[Read and] nai,p.242. 

Voted That y® sum of forty shillings be paid out of y^ publick 
Treasury to Henrey Gardner Esq"" for y*^ vse of y® petitinour in full. 
{^Passed February 11. 



CHAPTER 322. 

ORDER ON THE PETITION OF THE SELECTMEN OF WESTBOROUGH IN 
REGARD TO LAYING OUT A HIGHWAY AND ASSESSING DAMAGES. 

A Petition of the Selectmen of Westborough \ante. p. 749, Legislative 

^i,„ ^OKi o L ' -r :> Eecordsofthe 

chap. 425 J council, xxlv., 

Read and fr%iveT' 

Ordered that the Prayer of this Petition be so far granted, as that cxxi., 397. 

the Virdit of the Jury for assessing the Damages of the way in Said Mass. 

Petition mentioned and the Order of Sessions thereon for Accept- ^xx^rsss, 398. 

^ Not found in the House Journal. 



138 



Province Laws {Resolves, e^c.). — 1761-62. [Chaps. 323, 324.] 



House Jour- 
nal, pp- 304, 321, 
349 (April, 
1761) ; pp. 36, 
85, '241. Prov- 
ince Laws, 
xvi., 749, chap. 
425. Ante, 
p. 35, chap. 
75. 



ing the Same as also the report of the Committee that layed 

out Said way So far as it relates to Damages be and they hereby are 
Set a side and declared Void and that the Court of General Sessions 
of the peace for the County of Worcester be and they hereby are 
Impowered if they see Cause upon propper application to them 
made to order a Nother Jury to inquire into and assess Damages as 
the law Directs, Provided that all Other Records relating to laying 
out of the said way remain as they Now are. \^Passecl February 11. 



Legislative 
Records of the 
Council, xxiv., 
250. Mass. 
Archives, cxx., 
408. 

Ante, p. 58, 
chap. 136. 



CHAPTEE 323. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE, AND CHINA WARE FOR THE COUNTY OF SUFFOLK AND 
ALLOWING 14/ 8 FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the Excise on Tea, coffee 
and China Ware in the County of Suffolk made Report That they 
had sold the same to William Story Esq'' for £606 and had taken 
Bond therefor which they had delivered to the Province Treasurer, 
And Praying Allowance of their Expence 14/8. 

Read and Accepted and 

Ordered that the Sum of fourteen Shill^s and eight pence be paid 
to M^ Stone the Tavern keeper for the expences mentioned. ' \^Passed 
February 11. 



CHAPTER 324. 



ORDER ADJOURNING THE COURTS OF HAMPSHIRE COUNTY. 



Legislative 
Records of the 
Council, xxiv., 
251. 

House .Jour- 
nal, p. 243. 
Province 
Laws, iv., .565, 
note. Ante, 
p. 100, chap. 
235. 



Whereas the Court of General Sessions of the Peace and Infe- 
rior Court of Common Pleas for the County of Hampshire which 
by Law is appointed to be held at Northampton on the second Tues- 
day of February current by order of this Court stands adjourned 
to the last Tuesday of said February. And Whereas several of the 
Justices of said Court are now attending this Court and probably 
will be detained upon the business of the Government: Therefore 

Ordered^ That the said Court of General Sessions of the Peace 
and Inferior Court of Common Pleas which by order of this Court 
stand adjourned to the last Tuesday of February current be further 
adjourned to the third Tuesday of March next, and then to be holden 
at Northampton in said County at ten of the clock in the forenoon 
of the same day : And all Pleas, Writs, Actions, Suits, Plaints, Proc- 
esses, Precepts, recognizances and other matters whatever returnable 
or having day at said Court shall stand, abide and continue unto 
the said third Tuesday of March, and shall then have day, be heard 
and tried and proceeded in by said Courts respectively at said North- 
ampton, and shall be deemed and held as good, effectual and avail- 
able in Law to all intents and purposes whatsoever as if the said 
Courts had been held and kept at the time and place by^aw pro- 
vided for holding the same and no adjournment thereof had been 
made. [^Passed Felruary 11. 

' Not found in the House Journal. 



[oD Sess.] Province Laws {Resolves, etc.). — 17(31-62. 139 



CHAPTEK 325. 

VOTE APPOINTING A COMMITTEE TO SELL PROVINCE LANDS IN THE 
COUNTY OF WORCESTER. 

In the House of Eep : Legislative 

- - ' - - - Records of the 



Whereas there are Sundry Tracts of Land belonging to the Prov- council, xj 



XIV. 



ince Lying in the County of Worcester viz* about fourteen Hundred Archived" 
and thirty acres Lying partly in Princetown comonly called Potash xivi., 451.' 
Farm Also about Five hundred & Two acres Lying in said Prince- House Jour- 
town comonly called great. Watchusett Also about Eighty acres ^nte,\^'\l%^^' 
Lying west of S'' Potash Farm chap! sis. 

Therefore 

Voted that the said Lands be sold and That John murray & Timo 
Paine Esq" with such as the Hon''''" Board shall joyn be a Comitte 
In the Name and behalf of this Province to make Sale of said Lands 
for the most they will fetch, and to pass and Execute a good Deed 
or Deeds thereof to y'^ Purchaser or Purchasers. The Sale of said 
Lands to be in the Town of Boston at the next sessions of y® gen- 
eral Court after due Publication made by Inserting the Same in all 
the Boston News Papers 

That the said Farm called Potash Farm be sett up at not Less 
than five hundred Pounds & the Purchaser to pay Down y*^ Sum of 
£10 as Earnest that Watchusett be Sett up at not Less than fifty 
Pounds & y*^ Purchaser to pay down as Earnest y® Sum of b£> That 
the said Eighty acres be set up at not Less than Ten Pounds & the 
Purchaser to pay down as Earnest y^ sum of 'd£ And who Ever pur- 
chases any or all of y*^ aforesaid Lands shall have one year to pay the 
same into the Publick Treasury upon good security without Interest. 
The Comitte aforesaid to make Report of their Doings to this Court 
at the next Sessions of y® general Court after said Sale 

In Council Read and Concurred and Samuel AYatts Esq is Joined 
in the Affair. [^Passed February 11. 



CHAPTER 326. 

ORDER ALLOWING £10 TO JN"^ WORTHINGTON, ESQ". 

A Memorial of John Worthington of Springfield Esq' Setting Legislative 
forth That having generally been appointed to Act as Attorney for counc*if, xxiv!! 

the King in the absence of the Attorney General. He hath been at 25*^ 

great pains in bringing to Justice several persons concerned in coun- House Jour- 
terfeiting the current coin of the Province, which hath been to his provmce"'' 
Loss as a Practitioner, and as he has been so succesful as to discover ^otl^f ' '^•' ^^"^^ 
two persons concerned in this iniquitous practice, by which means 
there has been money paid into the Public Treasury, Praying that 
his Services may be considered. 

Read and 

Ordered That the Sum of Ten pounds be paid out of the Public 
Treasury to John Worthington Esq"" as a reward for his Services as 
Attorney for the King at the several Assizes in the County of Hamp- 
shire in the tryal of several Persons concerned together in counter- 
feiting the current coin of the Province, [Passed February 12. 



140 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 327-329.] 



Legislative 
Records of the 
Council, xxiv., 
255. 

House Jour- 
nal, 1). m. 



CHAPTER 327. 

ORDER IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF 
BARNSTABLE TO EXTEND THE TIME FOR THE SETTLEMENT OF AN 
ESTATE. 

A Petition of Joseph Otis of Barnstable Esq"" Setting forth 
That He hath a large demand on the Estate of Gershom Cobb 
late of Barnstable deceased, represented Insolvent: That he gave 
in his Account to the Administrator which he supposed was deliv- 
ered to the Commissioners, and expected was allowed, until since 
the final Settlement made with the Judge of Probate. And Praying 
that the said Judge may be directed to allow a further time for the 
Commissioners to receive and examine the Claim of the Petitioner, 
that so he may be intitled to his equitable proportion of the de- 
ceaseds Estate. 

Eead and 

Ordered That the Prayer of the Petition be granted, and that the 
Judge of Probate of Wills kc^ for the County of Barnstable be and 
he hereby is authorized and impowered to lengthen out the time for 
the Creditors of the Estate of Gershom Cobb late of Barnstable 
deceased to bring in their Claims for the term of three months. 
\_Passed February 12. 



CHAPTER 328. 



Lesrislative 
Kecorrls of the 
Council, xxiv., 
255. Mass. 
Archives, 
Ixxx., 51. 

Mass. 
Archives, 
Ixxx., 50. 
House Jour- 
nal, pp. 63, 64, 
233, 244. 



ORDER ALLOWING £3. 12. 8 TO STEP'* STOCKWELL. 

A Petition of Stephen Stockwell Setting forth That He was 
a Soldier in the Pay of the Province in Cap*^ Howards Company 
in 1758; but that by some mistake he is made up short in the Eoll 
viz*^ from the 25*^ of July to the 7 of September, And Praying an 
Allowance. 

Read and 

Ordered that the Sum of three pounds twelve Shillings and eight 
pence be paid out of the publick Treasury to to * John Ashley Esq'' 
for the Use of the Pef in full. \^Passed February 12. 



IiBgislative 
Records of the 
Council, xxiv., 
255. 

House Jour- 
nal, p. 245. 
Ante, p. 81, 
chap. 198. 



CHAPTER 329. 

VOTE THAT THE APPEARANCE OF ONE OF THE CHAPPAQUIDDICK 
COMMITTEE SHALL BE AS VALID AS THE APPEARANCE OF ALL. 

Whereas this Court in November last appointed William Brattle, 
James Otis and Thomas Foster Esq" Agents for the Indians, Pro- 
prietors of Lands lying on the Island of Chapaquidic in Edgarton 
in the County of Dukes County, and impowered them jointly to 
prosecute in the name of said Proprietors the Trespassers on the 
Indian Lands at Chapaquidic &c. And Whereas it may so happen 
that some of said Committee may unavoidably be absent at the 
Court when the Actions brought as aforesaid are tried. Therefore 

1 Sic. 



[3d Sess.] Province Laws (Resolves, etc.). — 1761-62. 141 

Voted That the appearance of any one of said Committee shall to 
all intents and purposes whatsoever be as valid as the appearance 
of the whole. \^Passed February 12. 



CHAPTER 330. 

VOTE THAT THE SECRETARY OF THE PROVINCE RECORD CHAPPA- 
QUIDDICK SETTLEMENT. 

Whereas it appears that the Award of his late Excellency Joseph ^|for^fof tije 
Dudley, Governor, and the honorable William Tailer late Lieutenant council, xxiv., 

Governor, the honourable Samuel Sewall Penn Townseud and John "— 

Gushing Esq" Avas approved and accepted by the Great and General chap.igs!^' 
Court in December 1715 and was entered in the Book of Laws of 
the General Court Page 249 at large, for which book, the Secretary 
hath made diligent search and cannot find, but supposes that the 
said Book was burnt with the Court House, And Whereas there is 
an attested copy of the same signed Josiah Willard Secretary, There- 
fore 

Voted That the Secretary of this Province be, and hereby is 
directed to record the said determination and award at large in 
the Book of Laws.' \^Passed February 12. 



CHAPTEE 331. 

VOTE ALLOWING 40/ TO RALPH HILL. 



A Petition of Ealph Hill of Billerica Setting forth That his Legislative 
Son Ealph Hill was a Soldier in the Pay of the Province in in ^ coundf, xliv' 
1758 in Cap^ Whitney's Company of CoP Bagley's Regiment. That 'f^^j^j^^^^^- 
he carried his own Gun into the Service, and dying at Green Bush ixxx., 121. 
on his return home, his Gun was lost. And Praying an Allowance. Mass. 

[Read and] _ ixxi^m. 

Voted That y'' Sum of forty shillings be paid out of y® publick House .Jour. 
Treasury to Capt. Enoch Kidder for y*^ vse of y*^ petitinour in full. "' ' ^^' 
\^Passed February 13. 



CHAPTER 332. 

VOTE IMPOWERING HANNAH DEWING, ADM-^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Hannah Dewing, Widow and Administratrix of ]^|ford"onhe 
the Estate of Daniel Dewing her late Husband of Natick deceased council, xxiv.^ 

Setting forth That a part of the said deceaseds Real Estate hath '^J^ 

already been sold by leave of the Superior Court for payment of £awsTiit isi, 
his debts, by which means the remainder (being only a small house chap. '10. 
and Barn and about 30 Acres of Land) is become very unprofitable, 
and there being two High ways laid thro it, will require a great deal 
of Fence, and there are no materials on the place for it. That she 

^ Not found in the House Journal. 
^ Sic. 



142 



Province Laws {Resolves, etc.). — 1761-62. [Chap. 333.] 



hath 3 Children, the eldest of which is but seven years of Age. 
And Praying leave to sell the said Real Estate (her thirds therein 
included) for the benefit of those interested in it. 

[Read and] 

Voted That the Prayer of the within Petition be so far granted 
as that the Petitioner be, and hereby is impowered to make sale of 
the within mentioned Estate for the most the same will fetch, ob- 
serving the directions of the Law for the Sale of Real Estates by 
Executors and Administrators she giving sufficient caution to the 
Judge of Probate for the County of middlesex to account for the 
money arising by said Sale, and after the payment of the Just debts 
of her late husband Daniel Dewing deceased, that the Income of 
one third part be applied for the support of the Petitioner and that 
the remaining two thirds be divided to and among the Children of 
the deceased, and by their respective Guardians be put out to inter- 
est for their use and benefit : and that upon the death of the Peti- 
tioner, her thirds be also divided among the heirs that may then 
be according to Law.' \^Passed February 13. 



I 



CHAPTEK 333. 



VOTE ALLOWING £3 AND A FURTHER SUM OF £3 ANNUALLY TO 

W« CLEMENS. 



Legislative 
Records of the 
Council, xxiv., 
135. Mass. 
Archives, 
Ixxx., 131. 

Mass. 
Archives, 
Ixxx., 9. 
House Jour- 
nal, p. 137. 
Executive 
Records of the 
Council, XV., 
101. 



A Petition of William Clemens Setting forth That He hath 
served three several campaigns since the commencement of the 
War in the Pay of the Province, and hath endured such hardships 
in the Service as brought on him terrible fits which have followed 
him between two and three Years and still continue, whereby he is 
rendered unable to labour nor hath he any other means of subsist- 
ence, And Praying an allowance. 

In the house of Representatives 

Wheras this house the 20*^ of Nov'' last upon the petition of v/" 
Clemens did in consideration of his Sufferings in the Publick Ser- 
vice of this Province & the ill state of health He is in in conse- 
quence of the same order that the s*^ William Clemens be allowed 
out of the Publick Treasury the sum of three pounds; & the same 
sum annually to commence from s*^ SO**" of Nov"" till the further 
order of this Court, which vote on the 23*^ of s"^ Nov'' was concurred 
by the Hon'''^ board but whether consented to by His Excellency the 
Governour is uncertain the Petition of the s*^ w™ being mislaid & 
not to be found therefore 

Voted that s'^ order be & hereby is revived &, the s*^ AV"' be 

allowed three pounds ; now to be paid him out of the Publick Treas- 
ury & the same sum annually to commence from s*^ 20'^'' day of 
November & to continue till the further order of this Court 

In Council Read and Concurred.' {^Passed February 16.^ 

' Not found in the House Journal. 

' This chapter is also entered in Mass. Archives, Ixxx., 9, under date of November 23. 
1761. The warrant for the payment is not authorized until February 16, 1762. See Exec- 
utive Records of the Council, xv., 101. 



[3d Sess.] Province Laws {Resolves, etc.). — 17(31-62. 143 

CHAPTER 334. 

ORDER REDUCING THE PROVINCE TAX OF THE TOWN OF BROOKLINE. 

A Petition of the Selectmen of the Town of Brooklyn Setting Legislative 
forth That by a mistake in the late valuation the said Town of coSncff, xlivf, 
Brooklyn is overrated to the Province Tax, And Praying Kelief. Ari-hiv^es^^" 

Eead and In answer cxvii., 643. 

Order^ that the assessors of the Said Town of Brookline Instead Mass. 
of assesing the Sum of Three Hundred and Sixty one Pound five ^^^j^^lf}. 
Shillings Set upon them the Present Year That they assess only House Jour- 
the Sum of Two Hundred and fifty Three Pounds fifteen Shil- S^si'.^'S'- 
lings ' the Assessors of Said Town having made a Mistake in i74fchap.^i7r' 
returning the Sum total of their Rents in the Column of Rents 545', note, 
recieved, and their Rents recieved in the Column for the Sum total 
of Rents. \^Passed February 16. 



CHAPTER 335. 

ORDER IMPOWERING HANNAH PEACOCK, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Hannah Peacock of Tewksbury Administratrix Legislative 
of the Estate of her late Husband Thomas Peacock deceased Set- counc'if, xx\vt 
ting forth That her said Husband died seized of about fifty Acres '^6 0- 
of Land in Tewksbury with old Buildings thereon which are much House Jour- 
out of Repair apprized at One hundred pounds. That there is a provmce ' 
necessity of selling sixty pounds worth of said Estate for payment ^ifaYj^'id.'' ^^^' 
of the deceaseds debts which being sold will much injure the re- 
mainder, that the deceased left only two daughters one of six and 
the other of four Years of Age, and that it would on all accounts 
be for their interest to have the whole Estate sold, the overplus 
after the debts are paid to be improved at interest. And Praying 
leave to sell the same accordingly. 

Read and 

Ordered That the Prayer of this Petition be so far granted as 
that the Petitioner in her capacity of Administratrix be and she 
is hereby impowered to make Sale of the Lands within mentioned 
for the most the same will fetch, and to make and execute a good 
deed or deeds thereof in the Law She observing the directions of 
the Law respecting Administrators selling Lands, and giving suffi- 
cient caution to the Judge of Probate for the County of middlesex 
that the produce arising from the Sale of the premisses after the 
debts within mentioned are paid shall be secured for the benefit of 
the right heirs of the deceased. \^Passed February 16. 

^ The House Journal record, p. 251, closes with these words. 



IM 



Province Laws {Besolves, etc.). — 17(^1-62. [Chaps. 336-339.] 



CHAPTER 336. 



RESOLVE PROVIDING THAT IN MAKING UP MUSTER ROLLS THE COST 
OF A BLANKET IS NOT TO BE STOPPED OUT OF SOLDIERS PAY. 

Recor(?s*onhe Upon A MoTiON made that a difficulty arises in making up the 
Council, xxiv., muster Eolls for the last Expedition, whether the Blankets received 

— — by the several Soldiers be charged to them with their Cloathing and 

naTp^m''" deducted out of their Pay ? 

Province Resolved that their Blankets are not to be included with their 

chap!'24r'' ^^''' Cloathing and are not to be stop't out of their Pay, and that the 
Committee in making up their Eolls are directed to proceed accord- 
ingly. [^Passed February 16. 



CHAPTER 337. 

ORDER IN REGARD TO BROOKLYN AND SUNDERLAND PROVINCE TAXES. 



Legislative 
Records of the 
Council, xxiv., 
261. 

House Jour- 
nal, p. 251. 
Province 
Laws, iv., 474, 
47H, chap. 17; 
.■545, note. 
Ante, p. 143, 
chap. 334. 



Whereas it is found that by mistake the Towns of Brooklyn 
and Sunderland in the last valuation had more than their just pro- 
portions set upon them. Therefore 

Ordered That the said Towns Province Tax to a thousand pounds 
'till the further order of this Court be as follows viz'' Brooklyn 

Three pounds seven shillings and eight pence one farthing Sunder- 
land One pound thirteen shillings and two pence. \^Passed Feb- 
ruary 16. 



CHAPTER 338 



ORDER ALLOWING £8 TO JACOB BIGLOW. 



Legislative 
Records of the 
Council, xxiv., 
322. Mass. 
Archives, 
Ixxx., 83. 

House Jour- 
nal, p. 247. 



A Petition of Jacob Biglow of "Waltham Setting forth That his 
negro man Caesar being in the public Service was taken Prisoner at 
Fort William Henry in 1757, and remained in captivity till 1760 and 
did not return home 'till October in that Year, And Praying an 
Allowance 

Read and 

Ordered that the sum of eight pounds be paid out of the publick 
Treasury to the Petitioner in full consideration for the sufferings 
of his Servant above mentioned.' \^Passed February 16. 



CHAPTER 339. 



ORDER ALLOWING £12. 6. 6 TO JAMES CHURCHILL. 



Legislative 
Records of the 
Council, xxiv., 
261. Mass. 
Archives, 
Ixxx., 128. 



A Petition of James Churchill of Barnstable Setting forth 
That He served as an Ensign in the Pay of the Province in 1758. 
in Cap' Bourn's Company of Col° Doty's Regiment ; that being taken 
sick, he obtained a furlough on the 19 : of August to return home 

* This chapter is entered in Legislative Records of the Council, xxiv., p. 322, under 
date of March G, 1762. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1761-62. 145 

for the recovery of his health, where he continued Sick about three Mass. 
months at a great expence. That He is made up in the Eoll until bocxJ^ie^fl. 
the time of his obtaining the furlough as aforesaid, And Praying naTpp'^234^256 
he may be allowed his AVages to the 1" of November, the time of the 
Troops being disbanded. 

Read and 

Ordered that the sum of twelve pounds Six shillings and six pence 
be paid out of the publick Treasury to the Pef in full for his Wages 
mentioned. \^Passed February 17. 



CHAPTEK 340. 

VOTE ALLOWING £5. 4. 10 TO JA^ CORBYN. 



A Petition of James Corbyn of Dudley Setting forth That his Legislative 
Father enlisted in the year 1759, and proceeded to Springfield in coimcif, xl-iv!, 
the year 1759, and proceeded to Springfield in the Pay of the Prov- 262. Mass. 
ince and was there taken sick and dyed, but that he is not made up ixxx., 97.' 
in any muster Roll. And Praying an Allowance. House Jour- 

[Read and] ^'iJ- !'• -^i- 

Voted that the Prayer of this Petition be so far granted as that 
there be allowed and paid out of the Publick Treasury to Moses 
Marcy Esq'' the sum of Five Pounds four shillings and Ten pence 
in full, for the use of the Petitioner and other Heirs of the De- 
ceased, \^Passed February 17. 



CHAPTER 341. 

ORDER ALLOWING £75 TO A: BELCHER, ESQ^. 

A Petition of Andrew Belcher Esq"" Setting forth That in or Legislative 
about the year 1736 the General Court made a Grant to his Father counco, xxlv?, 
Governor Belcher of 1,000, Acres of land near Fort Dummer, That 263. Mass. 
they likewise granted him another Tract of land of 215, Acres at 725. ' ' '' 
Souhegan East N" 5 now called Bedford, which by the late Settle- Mass. 
ment of the line fell within new Hampshire, by reason whereof 72^"^ House*'''' 
neither his Father nor any under him could ever avail themselves Journal, 
of the said Grants. And further that his said Father has been at province 
the expence of £106.13.4 to maintain his title to two other Tracts J^iiV^^^eo •' S', 
of land granted him by the General Court lying in Abiugton and 112, ciiap.'aie;' 
Rehoboth And further setting forth that his said Father at a 2ik| chap.' 202. 
Treaty held with the Indians at Casco Bay lent the Government 
four Quarter Deck Guns with their Carriages which were never 
returned but are (as the Petitioner is informed) at this time in 
some of the Eastern Forts, And Praying an Allowance for the 
several Articles aforementioned. Also Praying once more that this 
Court would take into their consideration the scanty Salary his 
said Father received during his Administration compared with the 
Salaries which have been since made to his Successors, and make 
him a Grant on that account 

Read and 

Ordered that the Prayer of the Pet° be so far granted as that the 



146 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 342-344.] 



Sum of Seventy five pounds be paid out of the publick Treasury 
to the Pef in full consideration for the Guns and Carraiges within 
mentioned. [Passed February 17. 



CHAPTER 342. 



ORDER ALLOWING £8 EACH TO MARY LOWDEN AND MARY CAVENDISH. 



Legislative 
Records of the 
Council, xxiv., 
263. Mass. 
Archives, 
Ixvi., 143. 

Mass. 
Archives, 
Ixvi., 143. 
House Jour- 
nal, p. 349. 



A Petition of Mary ' Lowden and Mary Cavendish both of Mar- 
blehead Setting forth That their Husbands Edward Lowden and 
Francis Cavendish were Seamen aboard the Province Snow when 
she was taken by the Enemy, and being carried to France died there 
in captivity, And Praying an Allowance, 

Read and 

Ordered that the Sum of eight jsounds be paid out of the publick 
Treasury to each one of the Pet" in full. [Passed February 17. 



Legislative 
Records of the 
Council, xxiv., 
263. Mass. 
Archives, 
xxxiii., 194. 

Mass. 
Archives, 
xxxiii., 194. 
House Jour- 
nal, p. 249. 



CHAPTER 343 

ORDER ALLOWING £8 TO JN" PEQUET. 

A Petition of John Pequet Setting forth That being a Soldier 
in the Pay of the Province He was taken Prisoner at Fort William 
Henry and continued in captivity till 1761, suffering great hard- 
ships. And Praying an Allowance. 

Read and 

Ordered that the Sum : of eight pounds be paid out of the pub- 
lick Treasury to M"" Walter spooner for the Use of the Pef in full. 
[Passed February 17. 



CHAPTER 344. 



ORDER ALLOWING £8 EACH TO SARAH FETTYPLACE & ANNA MESERVE. 



Legislative 
Records of the 
(;ouucil, xxiv., 
264. Mass. 
Archives, 
Ixvi., 142. 

Mass. 
Archives, 
Ixvi., 141. 
House Jour- 
nal, p. 249. 



A Petition of Sarah Tettyplace and Anna Meserve ^ Setting 
forth That their Husbands John Tettyplace and Francis Messerve 
were on board the Province Snow Prince of Wales when she was 
taken by the Enemy, and being carried to France there dyed in 
Captivity And Praying an allowance. 

Read and 

Ordered that the Sum of Eight pounds be paid out of the publick 
Treasury to each one of the Pet" in full. [Passed February 17. 



' The House Journal, p. 249, reads, " Mercy." 
^ The House Journal, p. 249, reads, " Tillplace' 
Ixvi., 141, reads, " Fettyplace." 



■diid. " Messervey ;" Mass. Archives, 



[3d Sess.] Province Laws (Hesolves, etc.). — 1761-62. 147 



CHAPTER 345. 

ORDER APPOINTING A COMMITTEE TO RUN THE LINES OF THE TOWNS 
OF BIDDEFORD, SCARBOROUGH AND FALMOUTH, ALSO OF THE TOWN- 
SHIPS OF NARRAGANSETT NO 7, NARRAGANSETT NO 1 AND PEARSON- 
TOWN. 

In the House of Representatives Legislative 

Ordered That John Bradbury and James Gowen Esq" with such councu^.xxiv^, 

as the honourable Board shall join be a Committee to run out the ^^ 

Lines of the Towns of Biddeford, Scarborousrh and Falmouth, and House Jour- 

nil pp '^54 255 

to fix the bounds at the head of each of said Towns: also to fix the ' '""" ' 
Bounds of the Townships of narraganset Number Seven, Narragan- 
set Number one and Pearson Town; and that the said Committee 
do give forty days notice at least to the several Towns abovemen- 
tioned before they enter upon that Service, by sending a copy of 
the Order of this Court to the respective Clerks of said Towns and 
Proprietors of the time and place of their meeting; and the Sur- 
veyor and Chain men who are employed in that service to be under 
Oath to the faithful discharge of their Trust, and the charges to 
be paid by the several Towns and Proprietors as abovementioned 
in equal Proportions, or as this Court shall hereafter order; and 
the Committee to make report of their doings to this Court as 
soon as may be, 

In Council Read and Concurred and Richard Cutt Esq'' is joined 
in the Affair. [Passed Fehriuiry 17. 



CHAPTER 346. 

ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

The FOLLOWING Orders pass'd upon Pet"^ of Sick and wounded ^'^^i^iative 

c\ T T ^T- Records of tlie 

Soldiers Viz Council, xxlv., 

To John Murray Esq' the Sum of £4.8.0 to be paid out of the fr;,hi^ver' 
publick Treasury for the Use of Jasper Partridge in full. ixxx., i36. 

To Artemas Ward Esq'' £4.0.6 for the Use of Paul Eager in full. House Jour- 

To Timothy Paine Esq' £3.0.0 including the Gun) ' for the Use iiai.PP.249,25L 
of Eleasar Wheeler in full. 

To M' Nath^ Nelson £2.2.0 to the Use of Nath' Rawson in full. 

To Thomas Greenwood Esq' £2.16.0 (exclusive of the Doctor's 
Bill) for the Use of Ephraim Bacon in full. 

To Jedidiah Foster Esq' £2.18.0 for the Use of Eben' Warner in 
full. 

To Jedidiah Foster Esq' £1.15.0 (exclusive of Wages and billet- 
ing) for the Use of Samuel Steel in full. 

To James Gowen Esq' £2.0.0 for the Use of Moses Wittum in 
full 

To John Brown Esq' £1.12.0 for the Use of Daniel Clark in full. 

To John Brown Esq' £.3.8.0 for the Use of Daniel Hager in full. 

To Thomas Clap Esq' £2.4.0 (exclusive of the Doctors Bill) for 
the Use of Job Otis in full. 

To Thomas Clap Esq' £2.4.0 exclusive of the Doctor's Bill for 
the Use of Lemuel Otis in full. [Passed February 17. 

^ Sic, as to parenthesis. 



148 Province Laws {Resolves, etc.). — 1761-62. [Chap. 347.] 



CHAPTER 347. 

VOTE APPOINTING A COMMITTEE TO SELL TOWNSHIPS IN THE W^EST- 
ERN PART OF THE PROVINCE. 

Legislative In the House of Representatives 

Records of the tt- y 7 mi 1 m 1 • ■^^ -i -r~\ tt 

Council, xxiv., v otecl, ihat the Township called Jiast-iloosuck some time since 
Archives^" laid out by Order of the General Court, of the Contents of six 
cxvii., 798. milcs Square, exclusive of Grants already laid out; and also two 
House Jour- morc Towiiships to contain the Quantity of six Miles Square each, 
254.'^Pro'yi'nce' lying between Ashuelot Equivalent so called, and the new Town- 
ciiap!'i86?'' ^^^' ^^^^P called New-Hingham ; one to begin at the Northeast Corner 
of said Ashuelot Equivalent, and from thence on the Easterly Line 
of said Equivalent Southerly six miles, and from thence to extend 
East twenty Degrees South so far as to contain six Miles Square, 
exclusive of Grants already laid out: And the other to bound West- 
erly on the Easterly Line of the last proposed Township, to square 
off six Miles from said given Line : Also a Township lying East of 
New-Framingham, to begin at the north east Corner of said New- 
Eramingham, thence Southerly in the Line of said Township until 
it meet with the Line of the Ashuelot Equivalent so called, thence 
in the Line of said Equivalent to the Northeast Corner thereof, 
thence East twenty Degrees South so far as to make the Contents 
of six Miles Square: Also one other Township to join West on the 
East Line of the said last mentioned Township, and to extend East 
twenty Degrees South to square off at right Angles, to make the 
Contents of six Miles Square Also one other Township, to begin 
at New-Framingham North east Corner, thence Northerly to East- 
Hoosuck South Line nine Hundred and fifty Rods West of said 
East lioosuck Southeast Corner, thence Easterly to the South east 
Corner of said East-Hoosuck, thence Northerly on the East Line 
of said East Hoosuck three Miles, one Hundred and seventy Rods, 
thence to extend East twenty Degrees South, so far as to make the 
Contents of six miles Square : Also another Township to adjoin West 
on the East Line of the last mentioned Township, from thence to 
square off at right Angles, so as to make the Contents of six Miles 
square. 

Also another Township to begin at the South east Corner of Pitts- 
field, thence to run South so far as the North Line of Stockbridge, 
from thence on a strait Line to Stockbridge Northeast Corner, thence 
to extend Westerly on Stockbridge Line, so far as to make the Con- 
tents of six Miles Square, exclusive of the Grants already laid out. 
Also a Township lying West of Southampton contains about twenty 
four Thousand and seven Hundred Acres exclusive of Grants, bounds 
North on New-Hingham, and to run from the South west Corner of 
said New-Hingham to the Northeast Corner of Number Four, thence 
on the Line of said Number Four to the Southeast Corner of said 
Number Four, and from thence the same Course to Blanford Line, 
then to bound South on Blanford and Westfield, and East on South- 
ampton, said Townships to be sold to the highest Bidders at a pub- 
lick Vendue in Boston by a Committee of this Court, on the second 
AVednesday of the next May Session ; and that publick notice of such 
intended Sale be inserted in the mean Time in all the Boston News 
Papers ; and that said Townships be set up at eight Hundred Pounds 
lawful money each. 



[3d Sess.] Province Laws {Resolves, etc.). — 1761-62. 149 

And those Persons who shall or may purchase the same, comply- 
ing with and performing the following Conditions, the same to be 
granted and confirmed to them, Viz' That there be reserved for the 
first settled Minister one sixty third Part of each of said Townships ; 
and one sixty third Part of each of said Townships for the Use of 
the Ministry; and the like Quantity for the use of, and Support of 
a School in each of said Townships for ever. 

That with in the Space of five Years from the Time of Sale, there 
be sixty Settlers residing in each Township, who shall each have a 
Dwelling House of the following Dimensions, viz* twenty four Feet 
long, eighteen Feet wide, and seven Feet Studd, and have seven 
acres of Land well Cleared and Fenced, and brought to English 
Grass or Plowed ; and also settle a Learned, Protestant Minister of 
the Gospel in each of said Townships within the Term aforesaid. 

Also another Tract of Land, bound north on the Province Line, 
East on Land belonging to Messieurs Green, Walker and Bulfinch, 
South Partly on Cheerlymount, to extend West to make the Con- 
tent of ten Thousand acres, to be sold also at the Time aforesaid 
to the highest Bidder, and set up at three Hundred Pounds; and 
the Persons who shall purchase the same complying with the follow- 
ing Conditions ; Viz'' That within the Space of five years there be 
residing on said Land twenty five Inhabitants, each to have a Dwell- 
ing-House of the Dimensions above mentioned, and each seven acres 
of Land well Cleared and Fenced. 

And that upon the Conditions aforesaid being truly fulfilled by 
such Purchaser or Purchasers, the said Lands be granted and con- 
firmed to him or them, or their assigns, and not otherwise. 

Voted, That Colonel Partridge and M"" Tyler, with such as the 
honorable Board shall join, be a Committee to make Sale of the 
Townships and Tract of Land above mentioned; and that the Pur 
chaser or Purchasers of each of said Townships shall pay twenty 
Pounds Earnest Money; and the Purchaser of said ten Thousand 
Acres shall pay ten Pounds Earnest Money: and the remaining 
Sums the said Lands shall be struck off as the Purchasers shall 
give Bond to pay the same to the Province Treasurer with suffi- 
cient Sureties within one Year from the Time of Sale without 
Interest. 

In Council Eead and Concurred and Thomas Flucker Esq"' is 
Joined in the Affair. [Passed Fehriiary 17. 



CHAPTER 348. 

RESOLVE IN REGARD TO VALIDITY OF PROCESSES AND WRITS. 

Whereas upon the Eesignation of Several of the first Justices Legislative 
of the Inferior Courts of common Pleas in divers Countys in the councff xxiv!' 
Province others have been comisioned in their Stead and qualified 26s. Mass. 
themselves accordingly. Since which divers Processes & Writts have xi^v.,^493.' 
Issued out of the Clerks offices of said Courts bearing the Teste House Jour- 
of such Justices that have so resigned For removing: all Ex- S,"!- p- ^ss- 

ceptions against the Validity of such Processes and Writts bearing Laws, 1., 486, 
Such Teste. ""*^- 

Resolved. That all Writts & Processes whatsoever That. have. 
Issued or shall Issue untill y® 25' of march next out of any of 



150 



Province Laws (Besolves, etc.). — 1761-62. [Chaps. 349, 350.] 



y® Clerks Offices of any Such Courts where such new Appointment 
hath been made bearing y*^ Teste of y® late first Justices so far as 
relates to such Teste Shall be deemed and they hereby are declared 
to be to all Intents & Purposes whatsoever as valid & effectuall in 
Law as if said writts and Processes bore the Teste of the present 
first Justices of said Courts. [Passed February 17. 



Legislative 
Records of the 
Council, xxiv., 

•269. 

House Jour- 
nal, pp. 150, 151. 



CHAPTER 349. 

ORDER IMPOWERING JOHN JOYCE AND THOMAS HOLMES TO COLLECT 
TAXES IN MARSHFIELD. 

Whereas the First Precinct in the Town of Marshfield on the 
9*^ day of August 1759, made choice of John Joyce to collect the 
Precinct Tax in Littleton District for that year: and on the 24'*^ 
day of August 1761 chose Thomas Holmes to collect the Tax in 
said District for the last year, who accepted of and were sworn to 
execute their seperate Trust : But a difficulty arising from their not 
being chosen in the months of march as the Law directs, for which 
the said Precinct have applied to the Court for Eelief. 

Ordered that the said John Joyce and Thomas Holmes be and 
are hereby fully authorized and impowered to collect from the sev- 
eral persons in their respective Lists named to them committed by 
the Precinct Assessors in as ample manner to all intents and pur- 
poses as they could have done, if chose in the month of march. 
[Passed February 17. 



CHAPTER 350. 



ORDER IMPOWERING JOSEPH LEE, ADM'', TO SELL A REVERSION OF A 
DOWER, AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



"Legislative 
Records of the 
Council, xxiv., 

238. 

House Jour- 
nal, pp. 260, 261. 
Province 
LawB.ii., 151. 
chap. 10. 



A Petition of Joseph Lee Administrator of the Estate of Joseph 
Barns late of Concord deceased Setting forth That the deceaseds 
debts making it necessary to sell his Real Estate he hath already 
sold by Virtue of the General Courts License therefor two third 
parts of the said Real Estate, which proves insufficient for the 
purpose. And Praying leave to make Sale of the reversion of the 
Widows Dower in order to finish the Settlement of the Estate. 

Read and 

Ordered That the Prayer of this Petition be granted, and that 
the Petitioner in his said capacity be, and he is hereby impowered 
to make Sale of the reversion of the Dower in said Petition men- 
tioned to as good advantage of the Creditors of the therein named 
deceased as may be, and to execute a good and sufficient deed or 
deeds of the same ; He observing the directions of the Law relative 
to the Sale of Lands by Executors and Administrators and giving 
due caution to the Judge of Probate for the County of middlesex 
that the proceeds of such Sale shall be applied to the use of the 
Creditors, or otherwise agreeable to Law. [Passed February 18.^ 

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



[3d Sess.] Province Laws {Resolves^ etc.). — 1761-62. 151 



CHAPTER 351. 

RESOLVE IMPOWERING BENJAMIN HALLOWELL, JR, TO BRING FOR- 
WARD A WRIT OF REVIEW. 

A Petition of Benj'' Hallowell jun'' Esqr Setting forth that he Legislative 
was summond by Abiel Page to answer as a Trustee of one William ^ou^g'^f ^im! 
Graham : that he the Petitioner appeared in Court, was examined 666;xxiV., 262.' 
and declared he had no Effects nor Credits of said Graham, and House Jour- 
as he thought, was discharged; but afterwards a default was enterd, "^ai-PP'-s^'^^o. 
and on the first Tuesday of October last said Abiel recovered against 
said Graham as in the hands of said Benjamin £7.-. 3% damage and 
£2.8.8. Costs. And praying said default may be taken off, and he 
admitted to his Oath. 

Bead and 

Ordered That this Petition be revived : And it appearing that the 
Adverse Party William Wingfield is consenting to a review of the 
Action mentioned in the said Petition, 

Resolved That the Petitioner be impowered to bring a Writ of 
Eeview of the said Action at the next Inferior Court of Common 
Pleas to be held at Boston for the County of Suffolk; and that he 
be then admitted to his Oath with respect to the Effects and Credits 
of William Graham mentioned in the said Petition; and the said 
Court is hereby authorized and impowered to hear and try the said 
Action and enter up Judgment and award Execution accordingly 
as tho' no default had heretofore been made by the Petitioner. 
[Passed February 18/ 



CHAPTER 352. 

ORDER ERECTING A NEW PRECINCT IN THE TOWN OF LEOMINSTER. 

A Petition of Jonathan White Agent for the Adherents of the Legislative 
Rev*^ M'' John Rogers Pastor of the Church in Leominster, Setting councif xx'iv^ 
forth, That an unhappy controversy hath for several Years sub- 206. Mass. 

• 1 A.rciiivGB XIV 

sisted in the said Town and a number of the Inhabitants have 285. '' '' 
with drawn from the ministry of their said Pastor and refused to Legislative 
pay towards his Salary, whereby he was necessitated to bring his 5^°°'''?^ xxiv'^ 
action against them, and finally a Rule of Court was entered into, 271. House 
previous to which the Petitioners constituents were earnestly re- ^^^^^ • p- - 
quested in Writing by the other Inhabitants to consent to a division 
of the Town into two Precincts and that they have since agreeable 
to the Rule of Court requested the Towns concurrence in said 
division to which they have by Vote agreed. And Praying that they 
and other the Adherents of the said M"" Rogers may be incorporated 
into a seperate Precinct agreeable to the said Rule of Court. 

[Read and] 

Ordered, That Thomas Wilder, Nathaniel Colburn, James Symonds, 
Joseph Policy, Joseph Wheelock, Nathaniel Carter, Simon Butler, 
Nathaniel Rogers, David Farnsworth, Thomas Legatt, Thomas 
Wilder Jun', William Warner, John Colburn, Nathaniel Carter, 
Jun"" Susanna Peabody, Jonathan White, Abner Wheelock, Jona- 

^ This date is according to the House Journal ; according to Legislative Records of the 
Council the date is February 17. 



152 



Province Laws (Resolves, etc. ) . — 1761-62. [Chap. 353.] 



than Wolburn, Timothy Kendall, Jonas Kendall, Magaban Lagett, 
Jonathan White Jun"" Lemuel Davenport, ISTathaniel Peabody, Abel 
Wheelock, Samuel Hardcastle, and the Farm of Stephen Symonds 
of Boxford lying in Leominster, David White, Joseph Butler, James 
Symonds, James White, Elijah Wheelock, Abel Wilder, Francis 
Covey, Nathan Colburn and Eobert Legatt be, and together with 
their Estates lying in Leominster in the County of Worcester hereby 
are erected into a distinct and seperate Precinct, and vested with all 
the Powers, Priviledges and Immunities which other Precincts by Law 
do enjoy. And that the Eule of Court, and every matter and Thing 
therein contained, which was entred into at the last Superiour Court 
of Judicature, Court of Assize and General Goal Delivery holden 
at Worcester in September last by the Inhabitants of Leominster 
Plaintiffs and John Rogers Defendant, be and hereby is ratified 
and confirmed to all Intents and Purposes whatever. And that the 
Honorable John Chandler Esq'' be and hereby is empowered to issue 
his Warrant to some principal Person in said Parish to warn a Parish 
Meeting in the month of March next, in said Town of Leominster, 
then and there to meet and chuse Parish Officers, as by Law other 
Parishes in this Province are enjoined to chuse. \_Fassed Feb- 
ruary 18. 



CHAPTER 353. 



VOTE IMPOWERING RICHARD SIRCUM AND BENJAMIN EDES, GUAR- 
DIANS, TO SELL REAL ESTATE, AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
271, 

House Jour- 
nal, p. 258. 



Province 
Laws, ii., 
ctiap. 10. 



151, 



A Petition of Richard Sircum and Benjamin Edes, Guardians 
of the Children of James Clark late of Boston, Blacksmith deceased 
Intestate Setting forth That the said James dyed seized of a cer- 
tain Dwelling-House and Land in Wing's Lane which is very much 
out of repair, the Chimneys whereof have been condemned as unsafe 
to have a Fire enkindled in them : and that they have not where- 
withal to repair the said House, And Praying liberty to make sale 
thereof. 

[Read and] 

Voted That the Prayer of this Petition be so far granted as that 
the Petitioners in their said capacity of Guardians be and hereby 
are fully authorised and impowered to make sale of the House and 
Land therein mentioned for the most the same will fetch, they ob- 
serving the directions of the Law for the Sale of Real Estates by 
Executors and Administrators and giving sufficient caution to the 
Judge of Probate for the County of Suffolk that the monies aris- 
ing by the sale thereof be put out to interest on good security for 
the benefit of the Children of the said James Clark deceased, and 
pay the same to them as they shall come of Age, their respective 
proportions, or their legal Representatives. [^Passed Feiruary 18. 



[3d Sess.] Province Laws {Resolves, etc.). — 1761-62. 153 



CHAPTEE 354. 

RESOLVE CONFIRMING AN AGREEMENT BETWEEN THE 2ni> AND 3S» 
PRECINCTS IN STOUGHTON. 

A Petition of Joseph Hewins in behalf of the Second and Third Legislative 

■ Kccords of trip 

Precincts in the Town of Stoughton, Praying that the Eeport of a council, xxiv., 

Committee of the said Precincts settling the Line between them and '^^ 

accepted by each Precinct may be confirmed ; which report and Set- ^ai^tf 259""^" 
tlement is as follows viz* 

We the Subscribers being chosen a Committee by the second Pre- 
cinct in the Town of Stoughton at their meeting legally assembled 
and held in said Precinct upon the 13'^ day of October 1760 to 
meet a Committee of the third Precinct in said Town in order 
to consult mutually whether any part or parcell of the Lands or 
Inhabitants now belonging to the said second Precinct should be 
annexed to the third Precinct in said Town for the future, or 
whether the former established Bounds between the respective Pre- 
cincts should still remain &c'^ have accordingly attended the said 
Service and have met Avith the committee chosen in the third Pre- 
cinct for the same purpose, and with them viewed the situation of 
each of the said Precincts and the Committees have mutually agreed 
and consented to report the following Line to be the established 
bounds between the said Second Precinct and the said third Pre- 
cinct for the future forever hereafter viz* beginning at the North- 
westerly corner of the said third Precinct at the Road called Taunton 
Road, and so proceeding Southerly as the said Road is now laid out 
and confirmee! (partly by the said Town of Stoughton and partly by 
his majesty's Court of Sessions for the County of Suffolk) until 
it comes to the Line of the Town of Easton, We are of opinion 
shall be the general Bounds between the said Precincts with these 
exceptions namely That the Dwellings and Home Letts belonging 
to Jonathan Jordan, Joseph Smith and Samuel Brackett shall re- 
main to the third Precinct as heretofore, notwithstanding the afore- 
said general Bounds. And Whereas the Road abovementioned crosses 
some Lots, leaving the Dwelling Houses on one side, and part of 
the Lots on the other The said Committees are of opinion that 
the side whereon the Houses are have the whole Lots rateable to 
that Precinct and to be esteemed as a part thereof. And those that 
shall hereafter build Houses on any of the Lots that cross the afore- 
said Road, they that build on the Westerly side thereof with their 
Lots shall be rateable to the second Precinct. And they that build 
on the Easterly side thereof with their Lots shall be rateable to the 
said Third Precinct, excluding all seperate Lots belonging to the 
Owners of the Lots crossing the aforesaid Road, which the Com- 
mittees are of opinion shall belong to the Precincts in which they 
are. All which is humbly submitted 

Daniel Richards ) Com*«^ of the 
Clifford Belcher f 2'^ Precinct 
Hezekiah Gay ) Com*^® of the 
RoB^ Swan i" 3<i Precinct 

In answer to the Petition of Joseph Hewins in behalf of the 
second and third Precincts of Stoughton, 

Resolved That the Report of this Agreement of the said Pre- 
cincts be, and it is hereby ratifyed and confirmed to all intents and 
purposes whatsoever. [Passed February 18. 



154 Province Laws {Resolves, etc.). — 1761-62. [Chaps. 355, 356.] 



CHAPTEE 355. 

ORDER DIRECTING THE COMMISSARY GENERAL TO DISCOUNT £100. U. 1 
WITH JONATHAN BEAN, ESQ^. 

Legislative A PETITION of Jonathan Bean ' Esq'' of York Setting forth 

Council, xxiv., That during the last War he had the command of a company of 
Archiv^es^^' Soldiers in the Westerly part of the County of York : and that he 
ixxix., 699. had orders from time to time to supply with Necessaries such Sol- 
Mass, diers as were ordered to march further East. That he took up no 
ix^ix.^69s. more Provisions for his own Company than their just Allowance, 
?„T\®.t'^cA"Qn and that all the rest of the Provisons for which he gave receipts 
138,259. to the several Commissaries were delivered to the marching Sol- 
diers, for which he stands charged with the Commissary General. 
And Praying that the said Commissary may be directed to discompt 
with him for so much of the said Provisions as may appear to be 
delivered as aforesaid. 
Eead and in Answer 

Ordered that the Commissary Gen' be directed to discount with 
the Petitioner the sum of one hundred pounds fourteen shillings 
and one penny the Sum He now stands charg'd with in his account 
with the Province. [Passed February 18. 



CHAPTER 356. 

VOTE DIVIDING SOUTH HADLEY INTO TWO SEPARATE PRECINCTS. 

Legislative ^ PETITION of William Eastmaii and Eleazer Nash in behalf of 

Kecorasoitne citit- poiittti • i- 

Council, xxiv., a number of the Inhabitants oi South Kadley representing their 

'"' ' great difficulties and divisions about the place for their meeting 

Recordfonhe Housc, And Praying for the Interposition of this Court. 

Sr^^Hoi^se^^'' [I^ead and] 

Journal, Voted That the Eastward part of the District of South Hadley 

'257,261,2154."*^' "^i^^ beginning at Springfield Line where Stony Brook enters South 
Province Hadley and runs with said Brook 'till it comes within fifty Eods of 

note. 'Ante,' ' the middle of the Bridge over said Brook in the Road leading from 
p. 28, chap. 59. -j-i^g Q^^ meeting house to Joseph Kellogs and from thence North 
six degrees and a half West to the north Line of said District be, 
and hereby is erected into a distinct and seperate Parish ; and that 
the Inhabitants thereof are hereby invested with all the Powers and 
Priviledges that other Parishes in this Province enjoy; and that the 
remaining part of said District be and continue the first Parish in 
said District. Provided nevertheless that any of the Inhabitants of 
said District that live on the East side of the aforesaid dividing Line 
who shall chuse to remain and be accounted as members of the said 
first Parish and shall by writing under their hands lodged in the 
Secretary's Office within three months next following certify the 
same, every such Person so certifying shall be, remain and be 
esteemed and accounted one of the Parishioners of the said first 
Parish, and shall be obliged to do duties and shall enjoy Privi- 
ledges there as such, and shall, he and liis Estate, be exempted from 
any duty or charge Avhatsoever in the said second Parish as elfect- 

1 The House Journal, pp. 80, 90, 1.38 and 259, reads, "Bane." 



[3d Sess.] Province Laws {Resolves^ etc.). — 1761-62. 155 

ually as he would be, if he dwelt and his Lands and Estate lay in 
the same first Parish. And that whatsoever Inhabitants of the said 
District living within the aforesaid Limits of the said first Parish 
and to the Westward of said dividing Line shall choose to be one 
of the said second Parish and shall certify the same within the term 
and in the manner aforesaid, such Inhabitants shall be esteemed 
and accounted as a member of the said second Parish and shall be 
intitled to Priviledges and shall do duties with the other Members 
of the said second Parish, and he and his Estate shall be wholly 
free and exempt from any duty or charge whatsoever in the said 
first Parish as effectually as he would be, if he dwelt and his Lands 
lay in the said second Parish. Provided also and it is hereby 

Voted and 

Ordered That the Inhabitants of the said first Parish as they shall 
be at the end of 'the said three months shall refund and pay back to 
the said Inhabitants of the said second Parish their proportion they 
have been assessed to the several sums that have been expended or 
raised in said District for the erecting and building a meeting house 
there, and in the controversy and dispute about the same, excepting 
and deducting therefrom so much as the Frame of a meeting house 
there has been damaged by the felling and cutting down part thereof 
by some of the Inhabitants of said East and second Parish : which 
damage done to said frame shall be determined by a Committee 
appointed by this Court for that purpose and be paid by the In- 
habitants of the said second Parish ; and that all Actions that are 
or may be prosecuted in the Law for damages on that account be 
and hereby are effectually barred to all intents and purposes what- 
soever. 

Provided also that the said Inhabitants of said second Parish shall 
be allowed aproportionable share of the materials of the Old meet- 
ing house or a reasonable Allowance therefor from the first Parish 
to be determined by the Committee aforesaid. 

Provided nevertheless that if at any time before the end of march 
next two thirds at least of the qualified Voters in said District shall 
at a meeting legally warned agree upon a place where to erect and 
fix a meeting house for the accomodation of the whole District, and 
shall cause such Agreement to be duly certified to the Great and Gen- 
eral Court at their Session in may next: then and in such case the 
foregoing order for dividing said District shall be void and of no 
Effect. \^Passed Fehrtianj 20. 



CHAPTER 357. 

ORDER DIRECTING THE SECRETARY OF THE PROVINCE TO FURNISH 
PLANS OF PLANTATIONS. AT THE EASTWARD. 

Ordered That the Secretary be directed to furnish the Committee Legislative 
appointed the IG*"^ current to run the Lines of some Plantations at counclf.xx*^'®, 

the Eastward with Plans and Papers at the charge of the Proprie- 277^ 

tors.' [Passed February 20. cha^'fis"^' 

^ Not found in the House Journal. 



156 



Province Laws {Resolves, etc.) . — 1761-62. [Chaps. 358-360.] 



CHAPTEE 358. 



ORDER ALLOWING £10. 2 TO AARON BEARD. 



Legislative 
Records of the 
Council, xxiv., 

277. Mass. 
Archives, 
Ixxx., 82. 

Mass. 
Archives, 
Ixxx., 82. 
House Jour- 
nal, p. 264. 



A Petition of Aaron Beard of Tewksbury Setting forth That 
his son Aaron Beard was a Soldier in the Pay of the Province in 
Coi° Saltoustalls Eegiment in 1760. That upon his return he brought 
the Small pox home with him, and it was forty eight days before he 
was clear of the Infection which occasioned him great expence. And 
Praying an Allowance. 

Kead and 

Ordered that the Sum of ten pounds two Shillings be paid out 
of the publick Treasury to James Fowle Esq'' for .the Use of the 
Pef^ in full. \_Passed February 20. 



CHAPTER 359. 



Legislative 
Records of the 
Council, xxiv., 
277. Mass. 
Archives, 
Ixxx., 81. 

Mass. 
Archives, 
Ixxx., 80. 
House Jour- 
nal, p. 264. 



ORDER ALLOWING £4. 4 TO RALPH HEMENWAY. 

A Petition of Ralph Hemenway of Framingham Setting forth 
That in the Year 1761 his son John Hemenway was a Soldier in the 
Pay of the Province, and upon his return brought the small pox 
home with him, of which he continued Sick thirteen days and then 
dyed. That on this occasion he was obliged to remove his Family 
to avoid the Infection which put him to great expence And Praying 
an Allowance. 

Read and 

Ordered that the Sum of four pounds four shillings be paid out 
of the publick Treasury to Joseph Buckminster Esq'' for the Use 
of the Pef in full. {Passed February 20. 



I 



CHAPTER 360. 



RESOLVE IMPOWERING TIMOTHY WOODBRIDGE TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv.- 
259. Mass. 
Archives, 
xxxiii., 168. 

Mass. 
Archives, 
xxxiii., 167. 
Legislative 
Records of the 
Council, xxiv., 
36, 244. House 
Journal, pp. 43, 
47, 57, 241, 270. 



A Petition of Mary Wepucks Indian Woman of Stockbridge 
Praying leave to sell a Lot of land, which Petition was committed 
to a Committee of both Houses on the 9* Instant. 

Upon the report verbally made by the Committee on the part of 
the Board. 

Resolved That the Prayer of the Petition be granted and that 
Timothy Woodbridge Esq' be, and He hereby is authorised to sell 
and dispose of the Lot of Land therein mentioned, and in the name 
and on behalf of the Petitioner to make and execute a good deed 
of Sale thereof, and out of the Monies arising by said Sale to pay 
and discharge the Petitioners just debts and to pay the remaining 
part of the purchase Money into the hands of the said Petitioner 
for her own use as She shall stand in need thereof. \^Passed Feb- 
ruary 22. 



I 



[3d Sess.] Province Laws {Resolves, etc.). — 1761-62. 157 



CHAPTER 361. 

ORDER ALLOWING £4. 16 TO BENJ-^ PINDAR. 

A Petition of Benjamin Pindar of Ipswich Setting forth That ^If^^^^g^Jj^^g 
he was a Soldier in the Pay of the Province at Louisbourgh in 1760, Council, xxiv., 
that on his return home he was cast away on the Isle of Sable, and Archives?' 
Avas obliged to pay ten dollars for his passage from thence, besides ixxx., iso. 
which he is made up one month short in the Muster Roll. And Pray- ^^^^:^gg 
ing an Allowance. ixxx., iso. 

X3 ;\ House Jour- 

Keaa <S nal, pp. 260,263. 

Order^ that the Prayer of this Pertition be granted, & that there 
be paid out of the Prouince Treasuary to the Pertitioner the Sum 
of four Pounds Sixteen Shilling In full of the Pertition. \^Passed 
February 22. 



CHAPTER 362. 

ORDER ALLOWING £25 TO FRA^ MILLER. 

A Petition of Francis Miller of Middleborough Setting forth ^^f^^j.|fg"^f®ti^g 
That his Brother Nathanael Miller being a Soldier in the Pay of the council, xxiv., 
Province at Nova Scotia was on the 13'^ of April 1760 accidentally 'frcMves?' 
shot in the Back of which Wound he dyed : that the Petitioner dis- ixxx., 122. 
bursed on the account of his said Brother Thirty eight pounds Hal- ^as^..^^^ 
ifax currency And Praying an Allowance. ixxx.^^ii. 

Read and nai^pp. 2*57/270. 

Ordered that the Sum of Twenty five pounds be paid out of the 
publick Treasury to the Pet' in full for the expences mentioned. 
[^Passed February 22. 



CHAPTER 363. 

ORDER GRANTING TO AMOS BRADLEY LICENCE TO KEEP AN INN. 

A Petition of Amos Bradley of Dracut Setting forth That ^If^^'^^^JI'the 
He hath lately purchased a House and Land and Ferry thereto council, xxiv., 
adjoining, which House hath for many years past been improved Arciuv^esfcxi., 

as a Tavern, and as a place of entertainment is much wanted there, 521^ 

He prays that he may be licensed to keep a Tavern in the said House Mass. 

he having obtained the approbation of the Selectmen of the Town 5-20? ^'^®^'°^^-' 

for that purpose. 

Read & 

Ordered That the prayer of the Petition be Granted and that 
the Justices of the Court of Generall sessions of the Peace for the 
County of Middlesex be & hereby are Impowered to Grant the Peti- 
tioner a Licence at their Next term (if they see Cause) to keep_ an 
House of Publick Entertainment in the town of Dracutt, the time 
for Granting Licences being Elapsed notwithstanding. He also ob- 
taining the approbation of "the Select men of that Town for that 
Purpose. ' \_Passed February 22. 

1 Not found in the House Journal. 



158 



Province Laws (Besolves, etc.). — 1761-62. [Chaps. 364-366.] 



CHAPTER 364. 

ORDER ADJOURNING THE COURTS OF AVORCESTER COUNTY. 



Legislative 
Records of the 
Council, xxlv., 

280. 

House Jour- 
nal, p. 271. 
Ante, p. 106, 
chap. 247. 



Whekeas the Court of General Sessions of the Peace and Inferior 
court of Common Pleas for the County of Worcester are by order of 
this Court appointed to be held at AVorcester in and for the County 
of Worcester on the first Tuesday of March next, but by reason of 
the Sitting of this Court it will be inconvenient for such of the 
Justices and Officers of the same Courts as are members of this 
Court to attend them at that time; as his majesty's Service may 
require their attendance here: Therefore 

Ordered That the said Court of General Sessions of the Peace and 
Inferior Court of Common Pleas which by said appointment are to 
be held at said Worcester at the time aforesaid be and hereby are 
adjourned to the second Tuesday in may next to be held at the 
Court House in the Town of Worcester aforesaid at ten of the clock 
in the Forenoon of said day: And all Pleas, Writts, Actions Suits, 
Plaints, Processes, Precepts, Recognizances and all other thing and 
things whatsoever returnable or having day or days in the said Courts 
shall stand abide and continue unto the said adjournment, and be 
held deemed and adjudged to be as good effectual and available to 
all intents and purposes whatsoever as if said Courts had been held 
and kept on the day by Law for holding the same, and no Adjourn- 
ment of them had been made. [Passed Fehr^iary 22. 



CHAPTER 365. 



RESOLVE ALLOWING £50 TO THE SECRETARY. 



Legislative 
Records of the 
Council, xxlv., 

280. 

House Jour- 
nal, p. 262. 



Resolved That the sum of Fifty pounds be granted and allowed 
to be paid out of the Public Treasury to the honourable Andrew 
Oliver Esq'' Secretary of this Province for his Service for one Year 
ending the sixth day of December last. [Passed February 22. 



CHAPTER 366. 



RESOLVE ALLOWING £70 ADDITIONAL TO THE SECRETARY. 



Legislative 
Records of the 
Council, xxiv., 

280. 

House Jour- 
nal, p. 262. 
Supra, chap. 
365. 



Resolved that the sum of Seventy pounds be granted and allowed 
to be paid out of the Public Treasury to the honourable Andrew 
Oliver Esq' Secretary of this Province in consideration of his ex- 
traordinary Services to the sixth day of December last. [Passed 

Fehriianj 22. 



[3d Sess.] Province Laws {Resolves, etc.). — 1761-62. 159 

CHAPTER 367. 

RESOLVE ALLOWING £267 TO THE PROVINCE TREASURER. 

Resolved, That the Sum of Two hundred aud Sixty Seven pounds Legisiattve 
be granted and allowed to be paid out of the publick Treasury, to councff xxiv^ 
the honourable Harrison Gray, Esq'' Treasurer and Eeceiver-General ^so. Mass', 
of his Majesty's Revenues of this Province, for a Year's Service, end- i63?"^^^' "' 
ing the twenty third Day of December last. \^Passed February 22. House Jour- 

nal, p. 262. 



CHAPTER 368. 

RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER. 

In the House of Represent^^^ RlforKf the 

Resolved, That there be granted and allowed to be paid out of Council, xxiv., 
the publick Treasury, the Sum of four Shillings per Diem, to the ArcMvesTi., 

honourable James Otis, Esq"" Speaker of the House, for every Day ^^ 

of his Attendance in the General Court, from the opening of the ^jfi"®'' ■26?,^''" 
Session, on the twenty seventh Day of May 1761, over and above 
his Pay as a Member of this House. 

In Council Read and Concurred. \^Passed February 22. 



CHAPTER 369. 

RESOLVE ALLOWING £250 TO THE PRESIDENT OF HARVARD COLLEGE. 

Resolved, That the Sum of Two hundred and fifty pounds be Legislative 
granted and allowed to be paid out of the publick Treasury, to the council^ xxi' 
Reverend M"" Edward Holyoke, President of Harvard-College, over 28i. Mass. 

A,rcnivG8 

and above the Rents of Massachusetts-Hall, for one year, ending ivm., 465.' 
the tenth Day of September next, to be paid Quarterly. \^Passed House Jour- 
Fehruary 22. °^i' p- -''-• 



CHAPTER 370. 

RESOLVE ALLOWING £100 TO THE REV" D^ EDWARD WIGGLESWORTH. 

Resolved, That there be granted and allowed to be paid out of the Legislative 
publick Treasury to the Reverend D"" Edward Wigglesworth, Holli- ^^^eif.xliv!; 
sian Professor of Divinity at Harvard-College in Cambridge, the '^i.^^Mass. 
Sum of One hundred pounds as a Gratuity, in Consideration of his iviii., 465.' 
faithful Discharge of the great and important Trust reposed in him. House Jour- 
and for his further Encouragement therein. \^Passed February 22. nai, p. 263. 



160 



Province Laws {Eesolves, etc.). — 1761-62. [Chaps. 371-375.] 



CHAPTER 371. 



RESOLVE ALLOWING £90 TO PROF. JOHN WINTHROP. 



Legislative 
Records of the 
Council, xxiv., 
281. 

House Jour- 
nal, p. 263. 



Resolved That there be granted and allowed to be paid out of the 
Publick Treasury to John Winthrop Esq"^ Hollisian Professor of the 
Mathematicks and Natural Philosophy at Harvard College in Cam- 
bridge the Sum of Ninety pounds as a Gratuity in consideration of 
his faithful discharge of the great and important trust reposed in him 
and for his further encouragement therein. \^Passed February 22. 



CHAPTEE 372. 

RESOLVE ALf-OWING £90 TO THE CLERK OF THE HOUSE. 



Legislative 
Records of the 
Council, xxiv., 
2S1. 

House Jour- 
nal, p. 262. 



Resolved That there be granted and allowed to be paid out of the 
Publick Treasury the Sum of Ninety pounds to Eoland Cotton Esq"' 
Clerk of the House of Representatives for his Service during the 
several Sessions of the General Court for the current Year. \^Passed 
February 22. 



CHAPTER 373. 

RESOLVE ALLOWING £50 TO THE HEIRS OF LIEUT JOHN LARRABEE. 

Resolved That there be allowed and paid out of the Publick Treas- 
ury the Sum of Fifty pounds to the heirs of John Larrabee late 
Lieutenant of his Majestys Garrison at Castle William deceased in 
chaT'isJ^ '^^^' consideration of his faithful discharge of that trust reposed in him. 



Legislative 
Records of the 
Council, xxiv., 

282. 

House Jour- 
nal, 5. 263. 
Province 



\^Passed February 22. 



CHAPTER 374. 



Legislative 
Records of the 
Council, xxiv., 
282. Mass. 
Archives, xiv., 
308. 

House Jour- 
nal, p. 263. 



RESOLVE ALLOWING £12 



TO THE CHAPLAIN 
COUNCIL. 



OF THE HOUSE AND 



Resolved^ That there be allowed and paid out of the publick Treas- 
ury the Sum of Twelve pounds to the Reverend M' Samuel Cooper, 
Chaplain to the honourable Board, and the honourable House of 
Representatives, the Current Year. [Passed February 22. 



CHAPTER 375 



Legislative 
Records of the 
Council, xxiv., 
282. Mass. 
Archives, xiv., 
307. 

House Jour- 
nal, p. 263. 



RESOLVE ALLOWING £40 TO THE CHAPLAIN AT CASTLE WILLIAM. 

Resolved, That there be allowed and paid out of the publick Treas- 
ury, the Sum of forty pounds to jVP John Phillips, Chaplain at his 
Majesty's Castle-William, for one Year in Consideration of his faith- 
ful Discharge of that Trust, [Passed February 22. 



[oD Sess.] Province Laws {Resolves, etc.). — 1761-62. 161 



CHAPTER 376. 

RESOLVE ALLOWING £60 AND A FURTHER SUM OF £40 TO THE DOOR- 
KEEPER. 

Resolved That there be allowed and paid out of the Public Treas- Legislative 
ury the sum of Sixty pounds to M"' William Baker, Doorkeeper to councif xxw^ 
his Excellency the Governor and this Court for his service for one 282. 
year to be paid quarterly: And also the further sum, of Forty House Jour- 
pounds in consideration of his expence in hiring assistance and ex- ^^^' *'' '^^^' 
traordinary care and trouble as Doorkeeper. [Passed February 22. 



CHAPTEE 377. ffi^fo7the 

Council, xxiv., 
283. Mass. 
VOTE APPOINTING A COMMITTEE TO COUNTERSIGN THE TREASURERS Archives, civ., 

NOTES. ^^ 

Mass. 

The two Houses according to Agreement proceeded to the choice n9?'^Ll|i8'ia^'' 
of three persons to countersign the Treasures Notes, the Votes being thL®(^^f°cii^ ''^ 
counted and sorted, it appeared that John Osborne, Royall Tyler and xxiv., 282. 
John Phillips Esq" were unanimously chosen. [Passed February 23. naTpp!^2*7oy27i, 

Province 
Laws, iv., .WG, 

note. Infra, 

chap. 378. 

CHAPTEE 378. 

RESOLVE IMPOWERING THE GOVERNOR AND COUNCIL TO APPOINT 
SUBSTITUTES TO COUNTERSIGN THE TREASURERS NOTES. 

Resolved that in case of the Death or Sickness of either of the Legislative 
Committee chosen to countersign the Treasurer's Notes agreable to c^un^n^ "xiv^ 
the several Acts or Laws passed this Session of the Gen^ Court. 283. Mass'. 

The Governour and Council be and hereby are in the recess of ^5?^^^^^^' '^'^■' 
the Gen' Court to appoint one or more in their room and stead as House Jour, 
the case may require And He or they so appointed shall continue p^'^^Pj^^If- 
until the further Order of this Court. [Passed February 23. Laws, iv., 559, 

note. Supra, 
chap. 377. 



CHAPTEE 379. 

RESOLVE ALLOWING £700 TO THE JUDGES. 



Resolved, That the Sum of Seven hundred pounds be granted Ji^^^^i?"^® ,, 

• X o RccorQS or tiiG 

and paid out of the publick Treasury to the Honourable Justices council, xxiv., 
of the Superiour Court of Judicature, Court of Assize and General frchi^e^sr' 
Goal Delivery, for their Services for one year, ending the first Day xiiv.. sos. 
of January last. [Passed February 23. House Jour- 



162 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 380-383.] 



CHAPTER 380. 



ORDER ALLOWING £12 TO W^' RICHARDSON. 



Legislative 
Records of tlie 
Council, xxiv., 

285. 

House .Jour- 
nal, p. 270. 



Ordered That the sum of twelve pounds be granted out of the 
Public Treasury to William Eichardson Esq"" in full for his service 
in taking care of the Petitions of Sick and wovmded Soldiers and 
reporting thereon. [Passed Fehruary 23. 



CHAPTER 381. 



ORDER ALLOWING £8 TO JA« HUMPHREY. 



Legislative Ordered That the sum of Eight pounds be granted out of the 

Council, xxiv., Public Treasury to James Humphry Esq"" in full for his service in 
"^^ taking care of the Petitions of Sick and wounded Soldiers and 

House Jour " ^ 

nal, p. 270. 



reporting thereon. [Passed Fehruary 23. 



CHAPTER 382. 



Legislative 
Records of the 
Council, xxiv., 
28.5. Mass. 
Archives, cxx., 
409. 

Legislative 
Records of the 
Council, xxiii., 
632. House 
Journal, p. 27.5. 
Province 
Laws, iv., 356, 
note. 



RESOLVE IMPOWERING THEOPHILUS BRADBURY TO COLLECT EXCISE 
IN CUMBERLAND COUNTY. 

The House being Informed That mr William Livermore who was 
Appointed by this Court to Collect the Excise on Spirituous Licquer 
in the County of Cumberland the last Year Dyed before he had 
entered Upon that Service, and also that the Justices of the Court 
of General sessions of the peace for the County of Cumberland had 
Omitted the appointing of a Collector in the Room and Steed of the 
Deceased, for which Reason the Province is in danger of Loosing 
the Excise of the County of Cumberland for the last Year Unless 
prevented by this Court 

Therefore 

Eesolved that Theophilus Bradbury the Collector of Excise for 
the Insuing Year in the County of Cumberland be and he is hereby 
Directed and Impowered to Collect the Excise in the County of 
Cumberland which the Said deceased, (if he had Survived) Should 
have Collected, In as full and ample manner to all intents and pur- 
poses as the Said Deceased Could or ought to have done, and ac- 
count with the Treasurer of the Province for the Same. [Passed 
Fehriiary 23. 



CHAPTER 383. 



ORDER DIRECTING THE COMMISSARY GENERAL TO PAY THE ACCOUNT 
OF WILLIAM CLARK. 



Legislative 
Records of the 
Council, xxiv., 
285. Mass. 
Archives, 
Ixxx., 138. 



A Petition of William Clark of Boston, Apothecary Setting 
forth That He provided and delivered for the use of the Troops 
employed the last year in the Pay of the Province a quantity of 
Medicines and Drugs agreeable to his Account herewith exhibited. 



[3d Sess.] Province Laws {Resolves, etc.). — 1761-62. 163 

the Amount whereof exceeds the Sum allowed by the Government House Jour^ 
for that purpose. x\nd Praying that he may be allowed for the same. " '^^" '' 

Read and 

Ordered that the Commasery General be Directed to pay the Peti- 
tioner the account mentioned in this Petition. \^Passed February 23. 



CHAPTER 384. 

VOTE IMPOWERING IZANNA AND JOHN MANN TO SELL AN INTEREST 

IN AN ESTATE. 

.A Petition of John Mann of Boston Blacksmith and Izanna ' his Legislative 
Wife Setting forth That the said Izanna's Father William Fadree councu. xlw!; 
died about seven Years since seized of a dwelling house and Land '^^o- 
in the Southerly part of Boston, leaving one son and two daughters, House .Jour- 
one half of which Estate belongs to the son, and one quarter part to ^^^' ^' ^'^' 
each of the daughters; that the said Izannas Brother and Sister 
choosing to sell their Shares, and the Estate being small and in- 
capable of a division, they pray that the said Izanna who is as yet 
under age, may be impowered to Join with her husband in executing 
a deed for her quarter part of the said Estate. 
[Read and] 

Voted That the Prayer of this Petition be so far granted that the 
Petitioner Izanna Mann be and is hereby fully Authorized and im- 
powered to Join with her husband John Mann in making sale; and 
executing a good deed of her said quarter part of said House and 
Land mentioned in said Petition, and that the deed executed by 
them shall be valid in law to all intents and purposes, her nonage 
notwithstanding. [^Passed February 24. 



CHAPTER 385. 

ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED ON THE 
BOUNDARY BETWEEN THIS PROVINCE AND NOVA SCOTIA. 

The Report of a Committee appointed to take under considera- Legislative 
tion the bounds between this Province and Nova Scotia, and also councif, xxh-^ 
the Claims of the Patentees of Lands in the Eastern parts of this '-s*- Mass. 

T-» • Archives, 

Province cxvu., 83o. 

The Committee find that the Province of Nova Scotia by the Mass. 
Royal Patent to Sir William Alexander is bounded by the River 4'"^Jf'*'||i 
S' Croix to the head thereof, and the remotest Westermost Branch Legislative 
or Stream, and from thence by an imaginary Line to run North to councif, xxivt 
the River S'' Lawrence. That by the Royal Charter to this Province jqu^m""®*' 
all the Lands between the Province of Main and the said Line of pp. i98, 199, 225, 
Nova Scotia from the Sea to the said River S* Lawrence are un- p^^ive, chap, 
doubtedly within the Jurisdiction of this Government. chap^ilo^' 

That by the first Voyage made by the French who gave the name 
to the River S' Croix, as also by divers maps or Charts which have 
been since published the said River may be ascertained. 

The Committee are therefore of opinion that one or more Gentle- 

^ The House Journal, p. 272, reads, " Hannah." 



164 



Province ljAws{Iiesolves, etc.). — 1761-62. [Chaps. 386, 387.] 



men be appointed by this Court to join with such as may be ap- 
pointed by the Province of Nova Scotia to repair to the said Eiver 
S' Croix and to determine upon the place where the said North Line 
is to begin, and to extend said Line so far as the said Committee 
shall think it necessary, and to ascertain the same by mark'd Trees 
or other boundary marks. And that his Excellency be desired to 
acquaint the Commander in Chief of Nova Scotia with this Proposal. 

The Committee further report that no persons appear to claim 
any Grants of Land to the Eastward of the Lands contained in the 
Patent to Beauchamp and Leverett. That the said Lands in said 
Patent are claimed by the Eepresentatives of the late Brigadier 
General Waldo; and they upon conference with the Committee 
agree to release to the Province all their Right and Claim to Lands 
East of Penobscot Eiver provided the Province release and convey 
to the said Representatives a tract of six Miles in breadth at the 
head of the said Patent to extend from the said River to the Line 
from Muscongus after extending said Line 36 miles from Muscon- 
gus into the Country, provided the same do not interfere with any 
prior Grant, and provided that the line aforesaid extending from 
Muscongus into the Country do not interfere with any prior Patent. 

And the Committee are of opinion that such conveyance be made 
by persons to be authorized and impowered by this Court upon the 
terms and Conditions aforesaid accordingly 

All which is submitted in the name and by order of the Com- 
mittee. (Signed) T: HuTCHiNSOisr. 

Read and 

Ordered that this report be accepted. [Passed February 25.'^ 



CHAPTEE 386. 



Legislative 
Records of the 
Council, xxiv., 
291. Mass. 
Archives, 
Iviii., 472. 

House Jour, 
nal, p. 279. 



ORDER TO DELIVER TO ELIJAH WILLIAMS SHERIFF OF BERKSHIRE 
COUNTY A SET OF THE PROVINCE LAWS. 

Ordered that the Printer of the province Laws be directed to 
deliver to Elijah Williams Esq"" Sheriff of the County of Berkshire 
one Set of the S*^ Laws for the use of S*^ County to be by him deliv- 
ered to the Clerk of the peace in s*^ County. [Passed February 25. 



CHAPTER 387. 



Legislative 
Records of the 
Council, xxiv., 
291. 

House Jour- 
nal, p. 278. 



VOTE IMPOWERING LYDIA TAFT, ADM^, TO EXECUTE A DEED. 

A Petition of Lydia Taft of Mendon, Widow and Administra- 
trix of the Estate of her late Husband Josiah Taft of said Mendon 
deceased Setting forth That her said Husband had bargained with 
one Abner Darling of said Mendon for a House and two hundred 
Acres and a half of Land lying in a remote part of said Town 
for £150 Old Tenor and had received forty shillings lawfull money 
in part ; but was taken sick and dyed suddenly before the deed was 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is February 23. 



[3d Sess.] Frovincy. LiAws (Besolves, etc.). — 1761-62. 165 

executed; That he left only two small Children, to whom the said 
Estate can be but of little Service, And Praying that she may be 
enabled to make a deed of the same agreeable to the bargain made 
by her late Husband as aforesaid. 

[Kead and] 

Voted That the Prayer of the within Petition be so far granted 
as that the Petitioner Lydia Taft be, and hereby is impowered to 
compleat the bargain which her late Husband Josiah Taft deceas'd 
in his lifetime made with Abner Darling, and to execute a good 
deed in Law to him of the House and Land withinmentioned, 
She also giving sufficient caution to the Judge of Probate for the 
County of Worcester that the money arising by the sale thereof be 
divided among the heirs and legal Representatives of the said Josiah 
Taft deceased according to the directions of the Law. [Passed 
Feh'uary 25. 



CHAPTEE 388. 

ORDER ALLOWING £3. 12 TO ABEL HOLBROOK. 

A Petition of Abel Holbrook of Sherburne Setting forth That i^?^^|f"^.^ 
He was a Soldier in the Pay of the Province in 1758. in Captain council, xxiv., 
Springs Comjjany; that on the 18 of June he was dismissed the Ser- ^rchiv^s?' 
vice on account of sickness, and that he remained incapable of Bus- ixxx., 56.' 
iness for near four Months after: and thro' some mistake he is not Mass. 
made up in the Roll. And Praying Relief. bofx.^ss.' 

Read and nXptS^TT. 

Ordered that the Sum of three pounds twelve Shillings be paid 278.' 
out of the publick Treasury to Captain Peter Coolidge for the Use 
of the Pef in full. [Passed February 25. 



CHAPTER 389. 

ORDER ALLOWING £20 TO SAM}- DAVIS. 



A Petition of Samuel Davis, Armourer at Castle William Set- Legislative 
ting forth That he hath served in capacity of Armourer for nineteen councif, xxiv^, 
Years, and hath over and above the duties of that Office performed "^rchives^^' 
the common Smiths work of the Castle, in doing which he hath ixxx., 113. 
expended two clialdron of his own coals that he hath also from time Mass. 
to time cleansed the other Province Arms, this year particularly he bs^xx^r^i 
hath cleaned 1,200 for all which he hath had no Allowance, And ^aT^^'^252''277. 
Praying for such Allowance as this Court shall judge meet. 

Read and 

Ordered that the Sum of twenty pounds be granted out of the 
publick Treasury to the Pef in full for his Service and expences 
mentioned. [Passed Fehruar'y 25. 



166 



Province Laws {Resolves^ etc.). — 1761-62. [Chaps. 390-392.] 



CHAPTER 390. 



ORDER IMPOWERING THEOPHILUS MANSFIELD, GUARDIAN, TO SELL 
LANDS AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
•29-2. 

House Jour- 
nal, p. 279. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Theophilns Mansfield of Weston, Setting forth 
That he is Guardian of one Lydia Gage of Lincohi, a person non 
compos mentis; and that he hath expended in her support more 
than all her personal Estate, and hath accounted and settled with 
the Judge of Probate accordingly. That the said Lydia hath about 
eight Acres of Woodland in Lincoln from which no Income arises, 
and hath no other Estate. And Praying that he may be impowered 
to make sale thereof for her further support. 

[Eead and] 

Ordered That the Prayer of the Petition be so far granted as that 
the Petitioner in his said capacity of Guardian to Lydia Gage be 
and hereby is impowered to make sale of the Lands of the said 
Lydia as mentioned, he observing the direction of the Law relating 
to the Sale of Eeal Estates by Executors and Administrators and 
giving sufficient caution to the Judge of Probate for the County 
of middlesex, that the money arising by said Sale be applied to the 
use and benefit of the said Lydia Gage, ^Passed February 25. 



CHAPTER 391 



ORDER ALLOWING £16 TO JOHN HAWKS. 



Legislative 
Records of the 
Council, xxiv., 
293. Mass. 
Archives, 
lxxx.,5S. 



House Jour- 
nal, pp. 280,281. 



A Petition of John Hawks of Deerfield Setting forth That in 
the year lTo8, He engaged in his Majestys Service and proceeded 
as a Captain in CoP William Williams's Eegiment, That in June 
Major General Abercrombie formed a Battalion out of the several 
Regiments of this Province, and appointed Oliver Partridge Esq'' 
Colonel of the same, and the memorialist major, (there being no 
Lieutenant Colonel) That he hath received only Captains Pay as 
yet, although all or most of the Officers who were by this means ad- 
vanced have received Pay in proportion. And Praying an allowance. 

[Read and] 

Ordered that the Sum of Sixteen pounds be paid out of the pub- 
lick Treasury to Oliver Partridge Esq'' for the Use of the Pef in full 
for his Service as Maj"" Avithin mentioned. \^Passed February 26. 



CHAPTER 392. 



VOTE IMPOWERING NATH^ HOLMES, ADM^ TO SELL LAND, AND MAK- 
ING PROVISIONS IN REGARD TO THE PROCEEDS. 



Legislative A PETITION of Nathauael Holmes Administrator of the Estate 

Council, xxiv., of Nathan Bucknam late of Stoughton, Physician, deceased Lites- 

'^— tate Setting forth That the deceaseds debts amount to £89.15.9 

na°i"p^ m'"" more than can be discharged with his personal Estate : That his Real 



[3d Sess.] Province Laws {Resolves, etc.). — 17Gl-(32. 167 

Estate consists of Fifty four Acres of Land mostly wild and unim- Province 
proved, with a House and Barn thereon apprized at Two hundred chap!io."* ' 
pounds. That the deceased left a Widow and five small Children, 
all of them Daughters, to Avhom the remainder of the Estate can 
be of but little benefit, when a part is sold off, to pay the debts. 
And Praying leave to sell the whole. 

[Eead and] 

Voted That the Prayer of this Petition be granted, and the said 
Nathanael Holmes in his said capacity of Administrator be & hereby 
is authorized and impowered to make sale of the Land mentioned 
for the most the same will fetch, and execute a good deed or deeds 
in the Law for the same, he observing the directions of the Law 
for the Sale of intestate Estates by Executors and Administrators, 
and giving sufficient caution to the Judge of Probate for the County 
of Suffolk for applying the Proceeds of said Sale for the purposes 
in the Petition mentioned. \^Passed February 26. 



CHAPTER 393. 

ORDER ALLOWING £13 TO W' DAVISON. 

A Petition of William Davison Setting forth That his Appren- Legislative 
tices Nowell Davison and Josiah White went out in his Majesty's coundf, $xiv^, 
Service and in the Pay of the Province as Soldiers in 1700, and ^^-^.^^flll^- 
both returned home infected with the Small pox, which soon after ixxx., lo-i. 
broke out upon them, which occasioned him a considerable Expence, House Jour- 
as well as the loss of their time. And Praying an Allowance. nai.p.^so. 

Bead and 

Ordered that the sum of thirteen pounds be paid out of the pub- 
lick Treasury to M' Henry Herrick for the Use of the Pet' in full. 
\^Passed February 26. 



CHAPTER 394. 

ORDER ALLOWING £3. 8. 5 TO ELIAS JACKMAN. 

A Petition of Elias Jackman of Newbury Setting forth That ^Xl?* ofVe 
his Son Stephen Jackman a minor inlisted into the Service in the councu,xxiv., 
Pay of the Province in 1758, and was taken sick on the road on ArcMveB?' 
his return home, which occasioned the Petitioner a Journey and ixxx., 133. 
upwards of £4 expence besides to bring him home, and the loss of ^^^j^^^e Jour- 
three months time after he got home. And Praying an Allowance. °^'P-- 

Read and 

Ordered that the Sum of three pounds eight Shillings and five 
pence be paid out of the publick Treasury to John Brown Esq'' for 
the Use of the Pef in full. \^Passed February 26. 



168 Province Laws {Resolves, etc). — 1761-62. [Chaps. 395-397.] 



CHAPTEE 395. 

ORDER IMPOWERING HANNAH SPEEN, INDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

Record"onhe ^ PETITION of Hannah Speeu of Natick, Indian, Praying leave 
Council, xxiv., to Sell her Moiety of 26 Acres of Land which she holds in common 
Archils?' with Daniel Thomas, which Land formerly belonged to Benjamin 
xxxiii.. 193. Tray of said Natick Indian, as set forth in her Petition [Legisla- 
Mass. tive Eecords of the Council, xxiii., 716.] 

xxxiii., ii)-2. Read & revived & 

Recordfof the Ordered that the Prayer of the Petition be granted and that the 
Council, xxiii., Petitioner with the advise & assistance of the Guardians of the 
Journal, p. 280. Natick Indians be Impow*^ to make Sale of the Land mentioned 
Law8'xvi.,24i, '^^ ^^6 Petition for the most the Same will fetch and that the 
chap. 76, note. Money arising thereby be put out at Intrest for the future benefit 

of the Petitioner & her Heirs. Under the Care & Inspection of said 

Guardians. \^Passed February 26. 



CHAPTER 396. 

Legislative RESOLVE GRANTING THE ISLAND OF MOUNT DESERT TO HIS EXCEL- 
Counclf xxiv*' LENCY GOVERNOR SIR FRANCIS BERNARD. 

295. Mass. 

xivL,^!^.' Resolved that in consideration of the extraordinary Services of 

House Jour- ^is Excellency Governour Bernard there be granted to him his 
nai,p.282. Hcirs and Assigns the Island of Mount Desert lying Northeast- 
Commissions^ ward of Penobscot Bay and that a grant thereof to be laid before 
p.^207^''*''' -2^^ Majesty for his approbation be Signed by the Secretary and 

Speaker on behalf of the two Houses. {^Passed February 27. 



CHAPTER 397. 

ORDER ADJOURNING THE COURTS OF MIDDLESEX COUNTY. 

Legislative^^ "WThereas divcrs Justices of the General Sessions of the Peace 
Council, xxiv., and Inferior Court of Common Pleas which by Law are to be held 

'^— at Charlestown in and for the County of middlesex on the second 

naTpp.'2S2%3. Tuesday of March next are members of this Court, and the Affairs 
Province ' of the Proviuce now depending may require their attendance at 
ch^^!'32!"' ' the same time, and the Superior Court of Judicature &c is now 
sitting and will probably sit at the aforesaid time, and as divers 
criminal cases are depending at the said Superior Court which may 
very much interfere with the business of the said Inferior Court &c* 
Ordered That the Courts aforesaid that are by Law to be holden 
at Charlestown aforesaid on the second Tuesday of March next be, 
and they hereby are adjourned to the fourth Tuesday of said March 
then to be holden at Charlestown aforesaid at ten of the clock in 
the forenoon of the same day : and all Pleas, Actions, Suits, Plaints, 
Processes Precepts, Eecognizances and every other matter whatso- 
ever returnable or having day at the said General Sessions of the 



[3d Sess.] Province Laws {Resolves, etc.). — 1761-62. 169 

Peace or Inferior Court of Common Pleas shall stand, abide and 
continue unto the said fourth Tuesday in March and shall then have 
day, be heard, tryed and proceeded in by the same Courts respec- 
tively, and shall be deemed and held as good, effectual and avail- 
able in law to all intents and purposes whatsoever as if the said 
Courts had been held and kept at the time by Law provided for 
holding the same. \^Passed February 27. 



CHAPTEK 398. 

ORDER IMPOWERING SARAH MERIAM, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Meriam,' Widow and Administratrix of the Legislative 
Estate of her late husband Hezekiah Meriam deceased of Oxford councif xiiv.^ 
Setting forth That her said Husband dyed possessed of a small '^ 



House and about forty acres of Land in Oxford, mostly unimproved Rouse Jour- 
and has left no personal Estate ; and the memorialist is left with province " 
but one Child which is about two years of Age; that the improve- ^jfaT/'io '' '^^^' 
ments on said Land being new, it will require much labour to keep 
down the Brush, and would not let for more than sixteen shillings 
if that service was required, and the Land would probably sell for 
Forty pounds, which money at interest she aj)prehends would be 
more for the Childs Advantage, And Praying leave to sell the same. 

Kead and 

Ordered That the Petitioner Sarah Meriam in her capacity of 
Administratrix be impowered to make Sale of the House and Land 
mentioned in the Petition for the most the same will fetch, and to 
make and execute a good deed or deeds of the same : She observing 
the directions of the Law respecting the Sale of real Estates by 
Executors and Administrators, and giving sufficient caution to the 
Judge of Probate for the County of AVorcester that the Produce 
arising by said Sale shall be put to interest for the benefit of the 
deceased's Child agreeable to Law. \^Passed March 2. 



CHAPTER 399. 

VOTE AND ORDER GRANTING TO DAVID BEAN & OTHERS A TOWN- 
SHIP BETWEEN PENOBSCOT AND ST. CROIX RIVERS. 

A Petition of David Bean and others Setting forth That they Legislative 
have been employed by the Government in the Wars And Praying coum'iY, xxivt 
that in further consideration of their Services they may have a 29s. Mass. 
Grant made them of a Township at or about Mount Desart. cxvu., sob. 

[Eead and] House Jour- 

Voted, That the Prayer of David Bean and eighty one Others his nai,pp.266,267. 
Associates be so far granted, as that there be, and hereby is granted 
unto Him the said David Bean & his associates herein named viz'^ 
their Heirs and Assigns for ever as Tenants in Common one Town- 
ship of Land, to consist of the Quantity of six Miles Square of the 
unappropriated Lands of this Province, between the River Penob- 

^ The House Journal, p. 281, reads, " Miream." 



170 



Province Laws {Resolves, etc.). — 1761-(32. [Chap. 400.] 



scot and tlie River S*" Croix : That the said Township be no more 
than six miles on the Sea Coast, or on Penobscot or other Rivers: 
That they return a Plan of the same (taken by a Surveyor and 
Chainmen on Oath) to this Court for further Confirmation, on or 
before the last Day of July next: That they within six Years 
after they shall obtain his majesty's Approbation of this Grant 
(unless prevented by War) settle said Township with sixty good 
Protestant Families, and build sixty Houses, none to be less than 
eighteen Feet Square, and seven Feet Stud ; and clear and cultivate 
five Acres of Land on each Share fit for Tillage or Mowing; and 
that they build in said Town ship a suitable Meeting house for the 
publick Worship of God, and settle a Learned Protestant minister, 
and make Provision for his comfortable and honourable Support. 
and that in said Township there be reserved and appropriated four 
whole Rights or Shares in the Division of the same (accounting one 
sixty fourth Part a Share) for the following Purposes, Viz* one for 
the first settled or ordained minister his Heirs and x4.ssigns forever; 
one for the use of the ministry one to and for the use of Harvard 
College in Cambridge and one for the use of a School forever: And 
if any of the Grantees or Proprietors of said Township shall neglect 
with in the Term of six years as before mentioned, to do and per- 
form according to the several Articles respecting the Settlement of 
his Right or Share as hereby enjoined, his whole Right or Share 
shall be entirely forfeited and enure to the use of this Province. 

Provided nevertheless, the Grant of the above Lands is to be void 
and of none Effect, unless the Grantees do obtain his Majesty's Con- 
firmation of the same in eighteen Months from this Time. 

And be it further 

Ordered, as a Condition of the Grant aforesaid, That each Grantee 
give Bond to the Treasurer of this Province for tlie Time being, and 
to his Successors in said Office, for the Sum of Fifty Pounds for the 
Use of this Province, Conditioned for the faithful Performance of 
the Duties required, according to the Tenor of the Grants afore- 
said; and that a Committee or Committees be appointed by this 
Court to take said Bonds accordingly. 

And further that said Committee be impowered to admit others 
as Grantees in y*^ Room of such Persons contained in y* List afores'' 
who shall neglect to appear by themselves, or others, in their Behalf 
to give Bonds at such time as the Committee shall appoint. \^Passed 
March 2. 



CHAPTEE 400. 

VOTE AND ORDER GRANTING TO MOSES TWITCHELL AND OTHERS A 
TOWNSHIP OR TOWNSHIPS BETWEEN THE PENOBSCOT AND ST. 
CROIX RIVERS. 



Legislative 
Records of the 
Council, xxiv., 
299. Mass. 
Archives, 
cxvii., 602. 

Mass. 
Archives, 
cxvii., 598. 
House Jour- 
nal, p. 267. 



A Petition of Moses Twitchell and Others Inhabitants of Casco 
Bay Praying for a Grant of Land for a Township or Townships 
on the northern and Western side of the Island of Mount Desart 
and next adjoining the same on the Main. 

[Read and] 

Voted, That the Petition of Moses Twitchel and one Hundred 
and eighty Others his x\ssociates be so far granted as that there be 
and is hereby granted unto Him the said Moses Twitchell & his 
Associates herein named viz their Heirs and Assigns for ever as 



[oD Sess.] Province Laws {Resolves, etc.). — 1761-62. 171 

Tenants in Common, three Townships of Land, each to consist of 
the Quantity of six miles Square, of the unappropriated Lands of 
this Province, between the River Penobscot and the River S* Croix; 
to be laid out in as regular and contiguous a Manner as the Land 
will admit of : That no Township be more than six miles on the Sea 
Coast, or on Penobscot or other Rivers: That they return a Plan 
or Plans of the same (taken by a Surveyor and Chainmen on Oath) 
to this Court for further Confirmation, on or before the last Day of 
July next: That they within six Years after they shall obtain his 
Majesty's Approbation of this Grant (unless prevented by War) settle 
each Township with sixty good Protestant Families, and build sixty 
Houses; none to be less than eighteen Feet Square, and seven Feet 
Stud ; and clear and cultivate five Acres of Land on each Share, fit 
for Tillage or Mowing ; and that they build in each Township a suit- 
able Meeting house for the publick Worship of God, and settle a 
Learned Protestant Minister, and make Provision for his comfort- 
able and honourable Support; And that in each Township there be 
reserved and appropriated four whole Rights or Shares in the Divi- 
sion of the same (accounting one sixty fourth Part a Share) for the 
following Purposes; Viz' one for the first settled or Ordained min- 
ister, his Heirs and Assigns for ever; one for the Use of the minis- 
try, one to and for the use of Harvard College in Cambridge and 
one for the Use of a School for ever: And if any of the Grantees 
or Proprietors of any or each of said Townships respectively, shall 
neglect within the Term of six Years as above mentioned to do and 
perform according to the several articles respecting the Settlement 
of his Right or Share as hereby enjoined shall be entirely forfeited 
and enure to the Use of this Province. 

Provided nevertheless the Grant of the above Lands is to be void 
and of none Effect, unless the Grantees do obtain his Majesty's Con- 
firmation of the same in eighteen Months from this Time. 

And be it further 

Ordered, as a Condition of the Grant aforesaid, That each Grantee 
give Bond to the Treasurer of this Province for the Time being, and 
to his Successors in said Office for the Sum of fifty Pounds for the 
use of this Province, Conditioned for the faithful Performance of 
the Duties required according to the Tenor of the Grants aforesaid; 
and that a Committee or Committees be appointed by this Court to 
take said Bonds accordingly. 

And further y*^ s*^ Comm*^ be impowered to admit others as Grantees 
in y*^ Room of such Persons contained in y® List afores*^ who shall 
neglect to appear by themselves, or others in their Behalf, to give 
Bonds at such time as the Committee shall appoint. [^Passed 
March 2. 



CHAPTER 401. 



VOTE AND ORDER GRANTING TO DAV MARSH AND OTHERS SIX TOWN- 
SHIPS BETWEEN THE PENOBSCOT AND ST. CROIX RIVERS. 

A Petition of David Marsh and Others Praying for a Grant Lesisiative 
of a Tract of land suitable for Settlements between the Province councif.xxivM 
of Nova Scotia and the Province of Maine. "^^I'^^^llf" 

Archives, 

[Read and J cxvii., 78i. 

Voted, That the Petition of David Marsh, Enoch Bartlet, James Mass. 
M=Hurd, James Duncan, Peter Parker, Edmund Moers, Dudley ^x'^vnlyTO. 



172 Province Laws {Resolves, etc.). — 1761-62. [Chap. 401.] 

naTpp''''65'^266 Carlton, Benjamin Harrod, and three Hundred and fifty two Others 
their Associates, be so far granted, as that there be and is hereby 
granted unto Him the said David Marsh & his Associates herein 
named viz* their Heirs and Assigns for ever as Tenants in Common, 
six Townships of Land, each to consist of the Quantity of six miles 
Square, of the unappropriated Lands of this Province, between the 
Eiver Penobscot and the Eiver S' Croix; to be laid out in as regular 
and contiguous a Manner as the Land will admit of: That no Town- 
ship be more than six Miles on the Sea Coast, or on Penobscot or 
other Rivers; That they return a Plan or Plans of the same (taken 
by a Surveyor and Chainmen on Oath) to this Court for further 
Confirmation, on or before the last Day of July next : That they 
within six years after they shall obtain his majesty's Approbation 
of this Grant (unless prevented by War) settle each Township with 
sixty good Protestant Families, and build sixty Houses, none to be 
less than eighteen Feet Square, and seven Feet Stud; and clear and 
cultivate five Acres of Land on each Share fit for Tillage or Mow- 
ing ; and that they build in each Township a suitable Meeting-house 
for the publick Worship of God, and settle a Learned Protestant 
minister, and make Provision for his comfortable and honourable 
Supj)ort: and that in each Township there be reserved and appro- 
priated four whole Rights or Shares in the Division of the same 
(accounting one sixty fourth Part a Share) for the following Pur- 
poses, Viz' one for the first settled or ordained Minister, his Heirs 
and Assigns for ever; one for the use of the Ministry, one to and 
for the use of Harvard College in Cambridge and one for the Use 
of a School for ever: and if any of the Grantees or Proprietors of 
any or each of said Townships respectively, shall neglect within the 
Term of six Years as before mentioned to do and perform according 
to the several Articles respecting the Settlement of his Right or Share 
as hereby enjoined, his whole Right or Share shall be intirely for- 
feited and enure to the use of this Province. 

Provided nevertheless, the Grant of the above Lands is to be void 
and of none Effect unless the Grantees do obtain his Majesty's Con- 
firmation of the same in eighteen months from this Time. 

And be it further 

Ordered as a Condition of the Grant aforesaid. That each Grantee 
give Bond to the Treasurer of this Province for the Time being, 
and to his Successors in said Office, for the Sum of Fifty Pounds 
for the Use of this Province, Conditioned for the faithful Perform- 
ance of the Duties required according to the Tenor of the Grants 
aforesaid; And that a Committee or Committees be appointed by 
this Court to take said Bonds accordingly. 

And further that said Committee be impowered to admit others 
as Grantees, in y® room of such Persons contained in y^ List afore- 
said, who shall neglect to appear by themselves, or others, in their 
Behalf, to give Bonds at such time as y® Comm® shall appoint. 
\^Passed March 2. 



[3d Sess.] Province Laws (Hesolves, etc.). — 1761-62. 173 



CHAPTER 402. 

VOTE AND ORDER GRANTING TO WAIT WADSWORTH AND OTHERS A 
TOWNSHIP BETWEEN THE PENOBSCOT AND ST. CROIX RIVERS. 

A Petition of Wait Wadsworth and Others, Inhabitants of Dux- Legislative 
borough and Pembroke Praying for a Grant of Land for a Town- coimcu.xliv!, 
ship on Penobscot Bay or Eiver. 305. Mass. 

/_-, -, -^ Archives, 

[Kead andj cxvii., 537. 

Voted, That the Petition of Wait Wadsworth and Sixty Others Mass. 
his Associates be so far granted as that there be, and hereby is ^^^^^^535 
granted unto Him the said Wait Wadsworth & his Associates herein House Jour- 
named their Heirs and Assigns for ever as Tenants in Common, one provmce ' 
Township of Land, to consist of the Quantity of six Miles Square ^hlipfnr"''^"' 
of the unappropriated Lands of this Province, betAveen the Eiver 
Penobscot and the Eiver S*^ Croix: That the said Township be no 
more than six miles on the Sea Coast, or on Penobscot or other 
Elvers: That they return a Plan of the same (taken by a Surveyor 
and Chainmen on Oath) to this Court for further Confirmation, on 
or before the last Day of July next. That they within six years 
after they shall obtain his Majesty's approbation of this Grant 
(unless prevented by War) settle said Township with sixty good 
Protestant Families, and build sixty Houses, none to be less then 
eighteen Feet Square, and seven Feet Stud ; and clear and cultivate 
five Acres of Land on each Share fit for Tillage or Mowing; and 
that they build in said Township a'suitable Meeting house for the 
publick Worship of God, and settle a Learned Protestant Minister, 
and make Provision for his comfortable and honourable Support : 
And that in said Township there be reserved and appropriated Four 
whole Eights or Shares in the Division of the same (accounting one 
sixty fourth Part a Share) for the following Purposes, Yiz'' one for 
the first settled or ordained minister his Heirs and Assigns forever; 
one for the Use of the Ministry; one to and for the use of Harvard 
College in Cambridge and one for the Use of a School forever: And 
if any of the Grantees or Proprietors of said Township shall neglect 
within the Term of six Years as beforementioned, to do and per- 
form according to the several Articles respecting the Settlement of 
his Eight or Share as hereby enjoined, his whole Eight or Share 
shall be entirely forfeited and enure to the Use of this Province: 
Provided nevertheless the Grant of the above Lands is to be void 
and of none Effect, unless the Grantees do obtain his majesty's 
Confirmation of the same in eighteen Months from this Time. 

And be it further 

Ordei'ed as a Condition of the Grant aforesaid. That each Grantee 
give Bond to the Treasurer of this Province for the Time, and to 
his Successors in said Office for the Sum of Fifty Pounds for the 
Use of this Province, Conditioned for the faithful Performance of 
the Duties required according to the Tenor of the Grant aforesaid; 
and that a Committee or Committees be appointed by this Court to 
take said Bonds accordingly. And further that said Committee be 
impowered to admit others as Grantees, in y® Eoom of such Persons 
contained in the List af ores'* who shall neglect to appear by them- 
selves, or others in their behalf to give Bonds at such time, as y® 
Comm® shall appoint. [^Passed March 2. 



174 



Province Laws (Hesolves, etc.). — 1761-62. [Chap. 403.] 



CHAPTER 403. 



VOTE AND ORDER GRANTING TO EBENEZER THORNDIKE AND OTHERS 
A TOWNSHIP BETWEEN THE PENOBSCOT AND ST. CROIX RIVERS. 



Legislative 
Records of tlic 
Council, xxiv., 
304. IMass. 
Archives, 
cxvii., 771. 

Mass. 
Arciiives, 
cxvii., 769. 
House Jour- 
nal, p. "267. 



A Petition of Ebenezer Thorndike and others, Praying for a 
Grant of Land for a Township at a j^lace called Sandy Point about 
three miles above casteens Eiver. 

[Read and] 

Voted, That the Petition of Eben"" Thorndike and fifty nine Others 
his Associates be so far granted as that there be, and hereby is granted 
unto Him the said Ebenezer Thorndike & his Associates herein men- 
tioned viz, their Heirs and Assigns for ever as Tenants in Common, 
one Township of Land to consist of the Quantity of six Miles Square 
of the unappropriated Lands of this Province, between the River 
Penobscot and the River S' Croix. That the said Township be no 
more than six Miles on the Sea Coast, or on Penobscot or other 
Rivers : That they return a Plan of the same (taken by a Surveyor 
and Chainmen on Oath) to this Court for further Confirmation, on 
or before the last Day of July next: That they within six Years 
after they shall obtain his majesty's apj^robation of this Grant (unless 
prevented by War) settle said Township with sixty good Protestant 
Families, and build sixty Houses, none to be less than eighteen Feet 
Square, and seven Feet Stud ; and clear and cultivate five Acres of 
Land on each Share fit for Tillage or Mowing; and that they build 
in said Township a suitable Meeting-House for the publick Worship 
of God, and settle a Learned Protestant Minister, and make Provi- 
sion for his comfortable and honourable Support : And that in said 
Township there be reserved and appropriated four whole Rights or 
Shares in the Division of the same, (accounting one sixty fourth 
Part a Share) for the following Purposes, Viz*^ one for the first settled 
or Ordained minister, his Heirs and assigns for ever; One for the use 
of the Ministry; one to and for the use of Harvard College in Cam- 
bridge and one for the use of a School for ever: And if any of the 
Grantees or Proprietors of said Township shall neglect within the 
Term of six years as beforementioned, to do and perform accord- 
ing to the several Articles respecting the Settlement of his Right 
or Share as hereby enjoined, his whole Right or Share shall be 
entirely forfeited and enure to the Use of this Province. 

Provided nevertheless, the Grant of the above Lands is to be void 
and of none Effect, unless the Grantees do obtain his majesty's Con- 
firmation of the same in eighteen Months from this Time. 

And be it further 

Ordered as a Condition of the Grant aforesaid. That each Grantee 
give Bond to the Treasurer of this Province for the Time being, and 
to his Successors in said Office, for the Sum of Fifty Pounds, for the 
Use of this Province, Conditioned for the faithful Performance of 
the Duties required according to the Tenor of the Grants aforesaid: 
And that a Committee or Committees be appointed by this Court to 
take said Bonds accordingly 

And further that said Comittee be impowered to admit Others as 
Grantees in the room of such persons contained in the List aforesaid 
who shall neglect to appear by themselves or Others in their behalf 
to give bonds, at such time as the Committee shall appoint. [Passed 
March 3. 



[oD Sess.] Province Laws (Besolves, etc.). — 1761-62. 175 



CHAPTER 404. 

VOTE AND RESOLVE GRANTING TO JOS. FRYE, ESQ^, A TOWNSHIP 
BETWEEN GREAT OSSAPE RIVER AND THE MOUNTAINS ABOVE PIG- 
WACKET. 

A Petition of Joseph Frye Esq"' Praying liberty to purchase a Legislative 
Tract of Land sufficient for a Township in some place between a ooimdf l*xh^^ 
River called Great Ossape running into Saco River, and the Moun- 306. Mass. 
tains above Pigwacket, And as there are sundry Tracts of Land that cxviCTsi. 



would make good Settlements and are not yet disposed of by the Mass. 
Government, lying below on Saco River, which would be much ad- ^^^^\'f'*'??5 
vanced by the Settlements which the Petitioner proposes to make; House j'our- 
and as he has spent the prime of his Life in the defence of his Country "s*'.' ^ p'rlmnce 
viz' the last War from the beginning of the year 1745. till the settle- ^ot^®' ^•' ^^^' 
ment of a Peace; and the present War from the year 1754. 'till last 
December (saving a suspension of eighteen months occasioned by 
his falling into the hands of the Enemy when Fort William Henry 
Avas taken, and by which he sustained a very heavy Loss) He hum- 
bly hopes he may be favoured in the Purchase. 

[Read and] 

Voted and 

Resolv'd that the prayer of the petition of Joseph Frye Esq"" be 
so far granted as that he have liberty to lay out a township of the 
contents of six miles Square in some place on either side of Saco 
river, between the river call'd Great Ossape, and the mountains 
above Pigwacket, and to make his pitch within said limits, where 
it may not interfere with any former grants and that he return a 
plan of the same in six months after the first day of March instant 
if the General Court be then sitting, or at the first time of their 
sitting after, to have it confirm'd, and that he also do give bond 
with sufficient security to the Province Treasurer, or to his suc- 
cessor, to settle the same with Sixty good familys, each of which 
in the term of five years from the grant to have built a good house 
of twenty feet by eighteen and seven feet stud, and have clear'd for 
pasturage or tillage, seven Acres each, and that they also, out of 
the premises grant one sixty fourth part to the first ordain'd prot- 
estant minister, One sixty fourth part for the use of a parsonage 
forever One sixty fourth part for the Use of Harv*^ College in Cam- 
bridge forever and One other sixty fourth part for the use of a School 
forever within the said town, and further that the said Joseph Frye 
give bond with sufficient security to the Treasurer to pay to him or 
his successor for the use of the Province One Hundred pounds Law- 
ful money within twelve months from the date of the confirmation 
of the grant, and that the said Town shall within ten years have .a 
protestant minister settled among them. \^Passed Mai'cli S. 



176 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 405, 406.] 



CHAPTEK 405. 



VOTE CONFIRMING SALES OF LAND IN FALL TOWN FOR TAXES AND 

CHARGES. 



Legislative 
Records of the 
Council, xxiv., 
307. 

House Jour- 
nal, p. -287. 
Province 
Laws, iv., 441, 
note. 



A Petition of John Severance and others Assessors for the Pro- 
prietors of Fall Town Setting forth That in consequence of their 
Appointment they made several Assessments on the Proprietors afore- 
said viz' one tax of four shillings on each right or share, one other 
Tax of £31.13.4 to be proportioned on the whole, and one other 
tax of two pence one farthing upon each acre laid out in said Fall 
Town; and nothing remained but the Sale of the Delinquents Lands 
Avhen the Law by which they made their Assessments expired viz'' 
at the end of the Sessions in May last. That they had however pro- 
ceeded to make Sale of the Lauds of the Delinquents in September 
last. And Praying that the said Act may be revived and their Sale 
confirmed. 

[Eead and] 

Voted That the Prayer of the Petition be so far granted as that 
the several Sales of Land made by the Assessors within mentioned 
shall be confirmed to all intents and purposes, Provided that the 
Proprietors and Owners of the Lands so sold do not Avithin three 
months from this time pay the taxes and charges due respectively 
from them, and that the said Assessors give notice thereof in all 
the several public Prints. \^Passed March 3. 



CHAPTEE 406. 

ORDER APPOINTING A COMMITTEE TO RECEIVE RELEASES FROM THE 
HEIRS OF BRIG" GENERAL SAMUEL WALDO OF CLAIMS TO LANDS 
EAST OF PENOBSCOT RIVER, AND TO PREPARE A FORM OF A GRANT 
TO THEM OF LAND ON WEST SIDE OF PENOBSCOT RIVER. 



Legislative 
Records of the 
Council, xxiv., 
308. Mass. 
Archives, 
cxvii., 831. 

House Jour- 
nal, p. 287. 
Ante, p. 163, 
chap. 385. 



In the House of Represen^^* 

Ordered That Gen^ Winslow and John Brown Esq"" with such as 
the Hon'^'^ Board shall appoint be a Comittee to receive the Eelease 
of the Representatives of Bigad"" Waldo Dec*^ (& Others if any there 
be claiming with Them) of their right or Claim to any Lands East 
of Penobscott River by Virtue of the Patent made to Beachamp 
& Leverett and to prepare the form of a Grant to them to be 

passed by the General Court of a Tract of Land of six Miles in 
Bredth at the Head of the Same Patent on the West Side of the 
s^ River agreable to the Vote of this Court of the 25**^ of February 
last provided s*^ Six Miles of Land do not interfere Avith any former 
Grant The Comittee to report. 

In Council Read and Concurred, and the hon'® Tho* Hutchinson 
Esqr is joined in the Affair. \^Passed March 3. 



[3d Sess.] Province Laws (Itesolves, etc.). — 1761-62. 177 



CHAPTEE 407. 

RESOLVE IN REGARD TO THE TWELVE TOWNSHIPS GRANTED BETWEEN 
THE PENOBSCOT AND ST. CROIX RIVERS. 

Whereas this Court at their Present Sessious liave Granted i^^^'^jf^^^f® ^ 
Twelve Townshij)s of Land Lying between the Rivers of Penobscut council, xxiv., 
and S' Croix to Divers Petitioners on Certain Conditions therein Archi^es^^* 
Exspresed referance thereto being had, and whereas s*^ Towns are cxvii.,sii. 
to be Laid out as Contigious as may be, which method is most House Jour- ^ 
Likely to be beneficial as well to the Province as to the Petitioners ^^h^J^ pp.'^ieg-*'' 

Tlipvpfnvp 174, chaps. 399- 

xiiBiuiuiB 1 ^ -n . . T ^ ^"3. Post, 

Resolved that the s*^ Petitioners in Laying out s*^ Towns, begin p. i9i, chap, 
at the mouth of the River Penobscot, and to Extend their water ^' 
Line Either on the s'^ River or Bay of Penobscut til they run out 
their Extent, And that the Six Towns Granted Marsh & others be 
Lade togather and that the other Six ToAvns be adjoyning and when 
the mater is So Settled to be Desided by Lot And to Prevent any 
Difficulties or Disputes; that may arise Between the Petitioners, as 
well as that Justice may be done to the Province in Runing the 
Lines, there, be Some Suitable Person Skiled in those matters ap- 
pointed by the Court, (to be paid by the Petitioners according to 
their Interests, Reckoned as Townships) whose Duty shall be to 
Inspect the Several Surveyors Laying out the various Townships 
and to Deside all Controverseys that may arise respecting their 
Lines as well as those between the Province & them, which Person 
So appointed, Shall on or Before the middle of June next repair 
to the spot, and attend that Duty, and in Case Any of the Peti- 
tioners should neglect to appear at that time Such Delinquets to 
Lose their Chances by Lot and those on the Spots to Lay out their 
Towns and make their Pitch 

The person to be appointed as aforesaid giving seasonable Notice 
to the Petitioners in the Boston News Papers of the time and place 
when and where they may meet. \^Passed March 3. 



CHAPTER 408. 

RESOLVE EXEMPTING THE SOLDIERS WHO SERVED UNDER GENERAL 
AMHERST FROM FURTHER SERVICE, AND DESIRING THE CAPTAIN 
GENERAL TO GIVE ORDERS FOR THE INLISTMENT OF 2,000 MEN 
AND ESTABLISHING THE WAGES, BOUNTY, &c., FOR THE SAME. 

Resolved, That the Men raised and sent into the Service the last ^gfo^'^g'^f^the 
Year, under the Command of General Amherst, and that have been council, xxiv., 
dismissed and allowed to come Home, be not compelled to go into Archives?' 
the Service again. ixxx., i40. 

That the Captain General be desired to raise Two Thousand Men House Jpur^^^ 
of this Province by Inlistment only, (in addition to the Six Hundred 289.' ^'province' 
now in Service, and in the Pay of this Province) including officers, Jhap!'35r""^^' 
to be put under the Command of his Excellency General Amherst, 
to supply the Places of such Part of the regular Forces in america, 
as shall be drawn out of the several Forts and Garrisons to be em- 
ployed in some important Enterprise, upon the General's giving 
Assurance that they shall not be employed Southward of Albany, 



178 Province Laws {Resolves, etc.) . — 1761-62. [Chap. 408.] 

and be discharged on the last Day of October next: And if a Peace 
takes Place between England and France before that Time, that 
they be immediately discharged after such Peace. 

That, as an Encouragement for said men to inlist between this 
and the twentieth of April next, they shall receive Seven Pounds 
each, upon their passing Muster, and a Blanket as soon as they are 
ready to march. 

That the Captain General be desired to form the said Two Thou- 
sand Men into two Eegiments, each Regiment to consist of Ten Com- 
panies, of one Hundred Men to each Company including Officers. 

That there shall be paid to no higher Provincial Officer than a 
Colonel, that shall be appointed to Command the said Two Thou- 
sand Men, or any Part of them, one of which Denomination is 
desired to be appointed to each Regiment ; also a Lieutenant Col- 
onel, a Major, an Adjutant and Quarter Master; the adjutants and 
Quarter Masters shall do Duty as Lieutenants in some of the Cap- 
tains Companies. 

That there shall be paid only four Commission Officers to one 
Hundred men \\z^ a Captain, two Lieutenants, and an Ensign. 

That there shall be paid but one Drummer to a Company. 

That there shall be allowed Pay but for one Surgeon to a Regi- 
ment, and one Surgeon's Mate. 

That the following Establishment be made for the Officers and 
Men, that may be employed as aforesaid. Viz' 

For a Colonel to each Regiment consisting of not less than a Thousand men 

including Officers p'' month £20. 0. 

For one Lieutenant Colonel for such Regiment . . . . . . 13. 0. 

For one Major for Ditto 10. 10. 

For a Captain of 100 Men, including Officers 9. 0. 

For two Lieutenants for each Company, each 5. 0. 

For one Ensign for D" 3. 10. 

For one Adjutant for each Regiment besides Lieutenant's Pay . . . 3. 0. 

For one Quarter master for each Regiment besides Lieutenant's Pay . . 2. 0. 

For one Surgeon to each Regiment 10. 0. 

For one Surgeon's Mate to Ditto 5. 6. 8 

For each Sergant 1. 18. 7 

For each Drummer 1. 18. 7 

For each Private 1. 16. 6 

That the said Establishment shall continue until the last Day of 
October next, if the War between England and France shall con- 
tinue so long; and if a Peace takes Place before that Time, said 
Establishment to be at an End. 

That the Money for said Bounty shall be put into the Hands of 
the Militia Colonels, upon their giving Bond with Sureties, to be 
accountable for the same; and in Case of any Neglect, that the 
Governour be desired to appoint some other Person in the Regiment 
of Militia to receive and pay such Bounty Money, they giving the 
like Security as is required of the Colonels; and one per Cent shall 
be allowed for receiving and paying out said Bounty Money, and no 
more. 

That a Recruiting Officer shall be alloAved six Shillings for each 
Man he shall inlist, and that passes muster. 

That no Minor or Servant that shall proceed in the above Service, 
shall be allowed to take more than one half of his Wages of any 
Person or Persons who maybe appointed to supply the above Forces. 

That all these Things shall be on this Condition only. Viz' That 
the Soldiers aforesaid, that were dismissed and sent Home as afore- 
said, be not called for, to go into the Service again. \^Passed March 4. 



[3d Sess.] FROvmcE Laws (Mesolves, etc.). — 1761-62. 179 



CHAPTER 409. 

VOTE IN REGARD TO THE PAY, SUBSISTENCE AND EQUIPMENT OF 

SOLDIERS. 

Voted That the Pay of the non commission Officers and Privates Lejjisiative 
raised by the Government the present year commence from the day councif xxiv^ 
of their attestation: and that said non commission Officers and Sol- an. 
diers be allowed and paid by this Government two pence Sterling ^ House Jour. 
day for his subsistence from the time of the commencement of their °^ .p--S9- 
wages until they shall receive the Kings Provision. 

And the Commissary General is also directed to provide for each 
of said Soldiers one Haversack and one wooden bottle containing 
about three pints, also a large Hatchet to every ten men, and a tin 
kettle containing about two gallons to every six Men in each of said 
Regiments. [Passed March 4. 



CHAPTER 410. 

RESOLVE AND ORDER INCREASING THE PAY OF MEMBERS OF THE 

ASSEMBLY. 

In the House of Represen**^ Legislative 

rt T T i} ^ Records of the 

Kesotved & Council, xxiv., 

Ordered That in Consideration of the Extraordinary Ex- Archiv^esTi., 

pence to which the Members of this Assembly are Subjected in ^^ 

their Attendance on the present Session of this Court that their House Jour- 
pay should be increased And That there be allowed to the Mem- ^^ ' ^'' 
bers of his Majestys Council for their Attendance the Sum of Six 
Shillings & four pence ^ Day & to the Members of this House the 
Sum of Five Sliillings ^ Day for their Attendance & that the Rolls 
be made up accordingly 

In Council Read and Concurred. [Passed March 5. 



CHAPTER 411. 



ORDER ALLOWING £233 TO HARRISON GRAY. 



A Memorial of Harrison Gray Treasurer and Receiver General Rlfordg^of^he 
of the Province Setting forth his extraordinary Services in issuing council, xxiv., 
his Notes for £210,590.10.10 in paying off 6,000 Soldiers who served ArchivesTciv., 

under General Amherst in receiving and paying out £73,860.13.6 '^^ 

a Parliamentary Grant remitted from England, in paying the Bounty Mass. 

!• Archives civ 

money to the Militia Colonels to the Amount of £25,000 and m hir- i84. House 
ing Clerks to assist him, his own great Fatigue in the business and pp^os^l'lgi. 
the risque he run of making mistakes to his own prejudice, And ^»i«e, p. 159, 
Praying an Allowance. '^ *^" 

Read and 

Ordered that the Sum of two hundred and thirty three pounds 
be granted out of the publick Treasury to the Memorialist in full 
for his extraordinary services within mentioned. [Passed March 5. 



180 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 412-415.] 



Legislative 
Records of the 
Council, xxiv., 
313. Mass. 
Archives, 1., 
I.'i9. 

Mass. 

Archives, 1., 
158. House 
Journal, 
pp. 282, 293. 
Ante, p. 158, 
chap. 366. 



CHAPTEK 412. 

ORDER ALLOWING £64 TO A. OLIVER, ESQ". 

A Memorial of Andrew Oliver Esq"" Secretary of the Prov- 
ince Setting forth That the Grant made him this Session for 
his extraordinary Service falls short of what it has usually been 
for many years past ; and that he hath not taken any Fees on the 
Soldiers Petitions passed on by the Court the last year, altho' he 
was by Law intitled thereto, the Court having been wont to make 
him an Allowance on that account. And Praying their considera- 
tion of these matters. 

Bead and 

Ordered that the Sum of Sixty four pounds be granted and allowed 
to be paid out of the publick Treasury to the Memorialist in con- 
sideration of his extraordinary Services within mentioned in full. 
[Passed March 5. 



CHAPTER 413. 



Legislative RESOLVE ALLOWING £150 TO THOMAS HUBBARD. 

Records of the 
Council, xxiv., 

313. Mass. Resolved that there be granted and paid out of the publick Treas- 

ury to the Hon'''^ Thomas Hubbard Esq"" Commissary Gen^ the Sum 
of One hundred and fifty pounds for one year's Service ending the 
24*'' day of February last. \^Passed March 5. 



Archives, 
Ixxx., 143. 

House Jour- 
nal, p. 262. 



CHAPTER 414. 



ORDER ALLOWING 18/ EACH TO SETH PITTS AND ICHABOD WADE. 



Legislative 
Records of the 
Council, xxiv., 
313. Mass. 
Archives, 
Ixxx., 144. 



A Petition of James Williams Esq' in behalf of Joseph Williams,^ 
Seth Pitts and Ichabod Wade, Soldiers in the Pay of the Province 
in Cap' Philip Walkers Company Praying an Allowance for their 
subsisting themselves on their return home. 

Eead and in answer 

Ordered that the sum of eighteen Shillings be paid out of the 
publick Treasury to Seth Pitts and eighteen Shillings to Ichabod 
Wade in full Tlie said Sums to be paid to James Williams Esq'' for 
their Use. [^Passed March 5. 



CHAPTER 415. 



ORDER ALLOWING £3. 12 TO ELI FORBES. 



Reford"of the ^ PETITION of Eli Forbes of Brookfield Setting forth That in 
Council, xxiv., the Year 1751) lie was appointed Chaplain to two Battalions of this 
Archiv^esTiiv., Proviucc Under Brigadier Ruggles ; that during the greater part of 
???: the Campaign the said Battalions were posted at different Stations. 



[3d Sess.] Province Laws {Resolves, etc.). — 1761-62. 181 

from 3 to 15 miles distance notwithstanding which he never failed ¥l^^: „„ .„ 
ministring to each sometimes to one m the morning and to the 221. Executive 
other in the evening; and in the close of the Campaign he with councif, xV.l*^ 
iVr Brainard, another Chaplain, had 400 Invalids committed to jo^j-n^f '^^p ^5 
their charge and ordered to march to Albany with them and to 218. 
serve both as Chaplains and Officers to them, which march was both 
tedious and expensive to him. And Praying an Allowance. 

Eead and 

Ordered that the Sum of three pounds twelve Shillings be allowed 
and paid out of the publick Treasury to the Pet"^ in full for his Ser- 
vices mentioned. \^Passed March 5.' 



CHAPTER 416. 

ORDER ALLOWING 36/ TO JOHN COOK. 



A Petition of John Cook Setting forth that in the Year 1758, Legislative 
He was employed by Cap' Jonathan Brown in transporting the Bag- council, xxiv., 
gage of the Company then under his Command and in the Pay of ArcWv^es^^' 
the Province thirty six miles; And Praying an Allowance. ixxx., 129. 

Eead and House Jour. 

Ordered that the sum of thirty six shillings be paid out of the ^^'-i'--^^- 
publick Treasury to M"" Dan' Whitney for the Use of the Pef in 
full. \^Pa&sed March 5. 



CHAPTER 417. 

ORDER ALLOWING ONE MONTH'S ADDITIONAL WAGES TO THE SOL- 
DIERS OF CAPT. GILES HARRIS' COMPANY. 

A Petition of Nathanael Martin and twenty six Others Soldiers in Legislative 
the Pay of the Province under Cap* Giles Harris Setting forth That ^S, xxw^ 
they were shipwrecked in their Passage from Halifax to Boston, sie. Mass. 
and by reason of the severity of the weather many of them were ixvi., 232! 
frozen, and in general so impaired in their health as to be rendered Mass. 
unfit to apply themselves at present to their particular Callings to 4^v^'"23i; 
earn their Support. And Praying an Allowance. House Jour- 

-p* T -t 113,li p. 295. 

Kead and 

Ordered that the the ' addition of one Month's Wages be allowed 
the Petitioners in consideration of their sufferings within men- 
tioned. [^Passed March 6. 



CHAPTER 418. 

VOTE INCREASING THE PAY OF ENSIGNS. 



Whereas it appears to this Court that the pay of the Ensigns Legislative 
in the service of the Province the last year was set at Three pounds council^ xx\v^, 

^ Mass. Archives under this same date adds the following, "Read and Reconsidered 
and Ordered that this Petition lye for further consideration." But according to Executive 
Records of the Council, xv., 110, a warrant was issued for the payment of £3. 12 to Eli 
Forbes, under date of March 6, 1762. 

- Sic. 



182 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 419-421.] 



317. Mass. 
Archives, 
Ixxx., 146. 
House Jour- 
nal, p. •I'dX. 
Province 
Laws, xvi.,721, 
chap. 356. 
Ante, p. 177, 
chap. 408. 



^ month which is 10/ ^ mouth lower than the present, or former, 
establishment & is supposed to be by mistake 

Therefore 

Voted That the pay of the said Ensigns who served in the last 
Campaign be at £3.10 ^ month & that it be accordingly so made 
up in the Muster Eolles. \^Passed March 6. 



CHAPTER 419. 



RESOLVE IMPOWERING NATRi- HARRINGTON, GUARDIAN, TO RELEASE 
MINORS' TITLE TO AN ESTATE. 



Legislative 
Records of the 
Council, xxiv., 
317. 

House Jour- 
nal, pp. 179, 180. 
Ante, p. 95, 
chap. '222. 



The House took into consideration the Resolve of this Court 
[^ctnte, p. 95, chap. 222] on the Petition of Nathanael Harrington 
of Watertown: and it being suggested that the Power therein granted 
is insufficient by reason that some persons are Tenants in ]30ssession 
of some of the Lauds of the said Uriah Clarke, and the said Resolve 
enables the said Harrington only to release and convey the Infants 
title in the said Estate to the said John Kimball. 

Resolved that the said Nathanael Harrington be and hereby is 
impowered fully to release and convey the said Infants title to the 
Estate of the said Uriah Clarke deceased to all persons who are in 
possession of any part thereof; and such Release and conveyance 
made by the said Nathanael Harrington pursuant to this Power 
shall bind the said Infants as fully as if they were of full Age and 
executed it themselves in person.' \^Passed March 6. 



Legislative 
Records of the 
Council, xxiv., 
317. Mass. 
Archives, 
ixxx., 145. 

House Jour- 
nal, p. 296. 
Province 
Laws, ii., 262, 
chap. 11. 



CHAPTER 420. 

RESOLVE ALLOWING 20/ ADDITIONAL BOUNTY FOR APPREHENDING 

DESERTERS. 

Resolved That their be an Additionall Bounty of twenty Shillings 
to the Bounty of forty Shillings already allowed by Law as a Reward 
for apprehending & taking up of any Person that hath Inlisted in to 
the Provinciall Service & have Deserted the Same or Shall Here- 
after Inlist in to the Provinciall Service & Desert. The Same to be 
paid by the Deserter; in the Same manner as is Provided by Law 
for the payment of the forty shillings Bounty aforesaid. \^Passed 
March 6. 



CHAPTER 421. 



Legislative 
Records of the 
Council, xxiv., 
318. 



VOTE APPOINTING A COMMITTEE TO RECEIVE BONDS OF PETITIONERS 
FOR THE TWELVE TOWNSHIPS GRANTED BETWEEN PENOBSCOT AND 
ST. CROIX RIVERS, ETC. 

In THE House of Representatives Whereas this Court at their 
present Sessions in granting the twelve Townships to divers Peti- 
tioners therein named, which Lands are lying between the Rivers 

^ Not found in the House Journal. 



[oD Sess.] Province Laws {Resolves^ etc.). — 1761-G2. 183 

of Penobscot and S' Croix determined that a Committee should be Mass. 
appointed to take bonds of the sundry Petitioners payable to the ^^vii!j8i8. 
Treasurer and his Successors in that Office for the use of the Prov- House Jour- 
ince in the penalty of Fifty pounds that they respectively perform ^nie, pp. ieg- 
the terms mentioned in the Grant on which they are to hold said 403I ^^^'^^' ^^^ 
Lands, which Committee are also impowered in case any of those 
Subscribers for those Lands are removed or shall refuse or neglect 
to give bonds as aforesaid, to admit of others in the room of such 
Persons 'till they fill up the number of Sixty to each Town. Tliere- 
fore 

Voted That the Persons herein after named with such as shall be 
joined by the honourable Board be the Committee for carrying these 
matters into execution viz' 

For the Six Towns petitioned for by Marsh and Others 
Eichard Saltonstall Esq"" Benjamin Milliken Esq^ 

For the petitioners that dwell in the Town of Falmoutli and 
places adjacent, Jeremiah Powell Esq'' Edward Milliken Esq'' 

For those in and near York 

John Bradbury Esq"" Benjamin Chadburne Esq"" 

For those in and near Duxborough 

Capt Briggs Alden, Cap' Kobert Bradford, 

And that the charge of the Committee be paid by the Petitioners, 
and that they make report to this Court as soon as may be. 

In Council Eead and Concurred, and Xathanael Sparhawk Esq'' 
is joined to the Committee for the six Towns petitioned for by 
marsh and Others, for those petitioned for by the Town of Falmouth 
and places adjacent and for those in and near York; and that Gam- 
aliel Bradford Esq"" be joined for the Town petitioned for by Inhab- 
itants of and near Duxborough. \_Passed March 6. 



CHAPTER 422. 

VOTE IN REGARD TO BOUNTY IN HANDS OF MILITIA COLONELS. 

Whereas several Colonels of the Militia into whose hands the legislative 
bounty money for enlisting men was put the last year have not councff xxiv^ 
rendered an account of the disposition thereof or have not paid sis. Mass. 
into the Treasury the balance remaining in their hands, therefore ix^x.^wt. 

Voted that no Colonel of the Militia who shall not have accounted House Jour- 
for and discharged himself of the Sums receiv'd the last vear for »»!. v- 295. 
payment of bounty, before the time for issuing the mony for pay- Laws, xvi., 721, 
ment of bounty the present year, shall be allowed to receive such '^^^^^' ^°^' 
mony but the same shall be put into the hands of the Lieutenant 
Colonels or Majors in like manner as if such Colonels had neglected 
or refused to receive the same. And it is further 

Ordered that the Treasurer put in suit the bonds of all such 
Colonels who shall not render an account of the sums received as 
aforesaid and pay into the Treasury the balances respectively due 
from them before the first day of May next. [Passed March 6. 



184: 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 423, 424.] 



Legislative 
Records of the 
Council, xxiv., 
319. Mass. 
Archives, 
cxvii., 833. 

Mass. 
Archives, 
cxvii., 831. 
Ante, p. 168, 
chap. 396; 
p. 176, chap. 
406. 



CHAPTEE 423. 

VOTE ACCEPTING REPORT OF COMMITTEE ON FORM OF A GRANT TO 
HEIRS OF BRIG" GEN. SAMUEL WALDO. 

The Committee appointed the 3'' Instant to prepare the form 
of a grant to Brigadier Waldo's Heirs, and to receive a Release 
from tliem made the following Eeport viz* 

The Committee have prej^ared the form of a Release or Quitclaim 
which is herewith humbly offered. The Committee further rej)ort 
that they are of opinion that the form of the Grant to be made by 
the Province be the same with that of the Grant of Mount Desart 
to his Excellency the Governor, mutatis mutandis, all which is 
humbly submitted. 

T : Hutchinson ^ order. ' 

Read and Accepted. [^Passed March 6. 



CHAPTER 424. 



RESOLVE THAT THE GOVERNOR BE DESIRED TO PUT THE PROVINCE 
SHIP KING GEORGE IN COMMISSION AND ESTABLISHING THE WAGES 
OF OFFICERS AND MEN THEREFOR. 



Legislative 
Records of the 
Council, xxiv., 
319. 

Mass. 
Archives, 
Ixvi., 19.5. 
House Jour- 
nal, pp. 293, 294, 
295. Ante, 
p. 22, chap. 44. 



Resolved, That his Excellency the Governor be desired to put his 
Majesty's Ship King George (belonging to this Province) into Com- 
mission and to order her to Sea for the protection of the Trade. 

And also 

Resolved That the Establishment of the Wages of the Officers 
and men be as follows viz' 



For a Captain Ten pounds 

For a Lieutenant Six pounds five shillings . 

For a Master Five pounds 

For a Boatswain Three pounds fifteen shillings . 
For a Gunner Three pounds fifteen shillings 
For a Carpenter Three pounds fifteen shillings 

For a Pilot Five pounds 

For a Masters Mate Three pounds fifteen shillings 
For an Armourer Three pounds seventeen * shillings & Q^ 
For a Sailmaker Three pounds Two shillings & sixpence 
For a Coxswain Three pounds Two shillings & sixpence 
For a Boatswains Mate Two pounds sixteen shillings . 
For a Quarter Master Two pounds sixteen shillings 
For a Chaplain Four pounds seven shillings & six pence 

For a Surgeon Eight pounds 

For a Surgeons Mate Three pounds fifteen shillings . 
For a Steward Two pounds sixteen shillings 
For 123 Private men Two pounds 13/ 4 each 



W month 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 
ditto 



And that this Establishment continue until the first day of Octo- 
ber next unless a Peace takes place sooner: then to cease as soon as 
the Ship arrives in Port and is secured : And that the Pay of the 
Officers and Men commence from the day that they respectively 
enter on board said Ship, and that there be advanced and paid by 
the Treasurer of this Province one months Pay to each Officer and 
Private before the sailing of said Ship. \^Passed March 6. 

' Not found in the House Journal. 

^ The House Journal, p. 294, reads, "iico Shillings." 



[4th Sess.] Province Laws {Resolves^ etc.). — 1761-62. 185 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Fourteenth Day of April, A.D. 1762. 



XXIV., 



CHAPTER 425. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF CUMBERLAND 
AND ALLOWING 40/ FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the Excise on Tea, Coffee, Legislative 
China ware &c''' in the County of Cumberland for the year 17G2 coimcif *^' '^'^^ 
made report that they had sold the same to M'' Eichard Codman 334. 
for the sum of Two hundred and Seventy Dollars and taken Bond House Jour- 
with Sureties for the same ; they likewise presented their Account ^^^,'1^*61, 
of charge amounting to Two pounds. <^^''*p- i**"- 

Eead and Accepted, and 

Ordered that the sum of forty shillings be allowed and paid out 
of the Public Treasury to the Committee for their Service & expence 
in this Affair. [Passed Ajn'il 16. 



CHAPTER 426. 

VOTE ALLOWING 32/ TO FRANCIS CROSBY. 



A Petition of Francis Crosby of Billerica Setting forth That Legislative 
his son Francis was a Soldier in the Pay of the Province in the councif, xxiv.. 
Crown Point Expedition 1758, and carried a Gun belonging to the ^rchi^es^^' 
Petitioner, that while he lay sick of a Fever his said Gun and Cloaths ixxx., 139. 
were Stole. Praying an Allowance for the same. Mass. 

r-D„ n A'\ Archives, 

[Read and] k-xx., 139. 

Voted that y« Sum of Thirty Two Shillings be paid out of y« pub- House Jour- 
lick Treasury to Cap* Enoch Kider in full : for y^ vse of y** peti- 
tinour. [Passed Ajjril 16. 



CHAPTER 427. 

ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO BURN GOV- 
ERNMENT SECURITIES AND DISCHARGING THE PROVINCE TREAS- 
URER OF THE SUM OF £76,786. 6. 3. 

The Committee appointed to repair to the Treasury take an Legislative 
Account of the Government Securities that he has redeemed and councff, xxiv^, 
see them burnt to Ashes, have attended that Service and have 33.5. Mass.^ 
received of the Treasurer Government Securities payable in June 190. 



186 



Province Laws ( Resolves^ etc.). — 1761-62. [ Chap . 428.] 



Mass. 

Archives, civ., 
189. House 
Journal, p. 307 
Ante, p. 14, 
chap- 22. 



1760 to the Amount of One Thousand two hundred and fifty three 
pounds, seven shillings and seven pence which with the Interest 
of One hundred Ninety eight pounds eight shillings and one peny 
paid thereon Amounts to fourteen hundred Fifty one pounds fifteen 
shillings and eight pence, Also Government Securities payable in 
June 17G1, amounting to Nine Thousand Eight hundred and fifteen 
pounds eighteen shillings and seven pence which with the Interest 
of Nine hundred ninety three pounds nineteen shillings and two 
pence paid thereon amounts to Ten Thousand eiglit hundred and 
nine pounds seventeen shillings and nine pence, also Government 
Securities that will become due in June 1762 to the Amount of 
Thirty four Thousand three hundred fifty seven pounds three shil- 
lings and sevenpence which Avith the Interest of Twenty four hun- 
dred and twenty three pounds, eight shillings and eleven pence 
paid thereon makes Thirty six Thousand Seven hundred and eighty 
pounds twelve shillings and ten pence. Also Government Securities 
that will be due in June 1763, Amounting to Seven Thousand and 
forty eight pounds, sixteen shillings and ten pence which with the 
Interest of Three hundred forty seven pounds eleven shillings and 
five pence paid thereon, amounts to Seven Thousand three hundred 
ninety six pounds, eight shillings and three pence, Also Govern- 
ment Securities that will become due in June 1764, amounting to 
Nine Thousand One hundred Twenty four pounds, fourteen shil- 
lings and threepence, which with the Interest paid thereon, Four 
hundred ninety two pounds nine shillings and eleven pence makes 
nine Thousand six hundred and seventeen pounds four shillings 
and two pence. Also with Government Securities that will be paya- 
ble in June 1765, Amounting to Ten thousand One hundred Twenty 
nine pounds one shilling and five pence, which with the Interest 
of Six hundred and One pound six shillings and two pence paid 
thereon amounts to Ten thousand seven hundred and thirty pounds 
seven shillings and seven pence, all which Securities make Seventy 
six Thousand seven hundred and Eighty six pounds six shillings and 
three pence which we have seen Burnt and Consumed to Ashes. 

(Signed) J Osborne by Order 

Read and accepted and 

Ordered that the Treasurer be dischargd of the abovementioned 
Sums accordingly. \^Passed April 16. 



CHAPTER 428. 

ORDER GRANTING TO EDM. QUINCY LICENCE TO RETAIL WINE, CIDER 

AND BEER. 



Legislative 
Records of the 
Council, xxiv., 
337. Mass. 
Archives, cxx., 
411i. 

Mass. 

Archives, cxx., 
410. House 
Journal, p. 305. 



A Memorial of Edmund Quincy Setting forth The ' he has for 
eight or nine Years past applied himself chiefly to the general busi- 
ness of husbandry, and in the proper seasons specially attended the 
same, both in studying and experimenting the most probable Methods 
to promote the well curing and manufacturing the various kinds of 
Cider, Yearly produced in so great plenty within this Province, that 
he having had some success in the business before specified, some 
Months past removed with his Family to Boston, (into a House in 
said Town which had been licensed for many Years) in order to 

» Sic. 



[4th Sess.] Province Laws {Resolves, etc.). — 1761-62. 187 

settle himself, and among other things to prosecute the manufac- 
ture of Ciders, and engage in the retail of the same; Wines and 
Beer; Praying the Court of general Sessions of the Peace for the 
County of Suffolk may be empowered at their present Term to 
grant him a License. 

Read & 

Ordered that the Justices of the Generall sessions of the peace 
for the County of Suffolk Be allowed at their present sessions to 
(h'ant the Petitioner a Lincence if they see cause to Retail Cyder 
AVine and Beer in the House He now inhabits he first obtaining 
approbation of the select Men of the town of Boston for that pur- 
pose the time for Granting Licences Being Elapsed Notwithstand- 
ing, [Passed Ajjril 16. 



CHAPTER 429. 

ORDER IMPOWERING ELIJAH BRIGGS, ADM^ TO SELL REAL ESTATE. 

A Petition of Elijah Briggs, Administrator on the Estate of o^^^^'t"'^?.., 
Nehemiah Briggs late of Norton in the County of Bristol de- council, xxiv., 

ceased Setting forth that the said deceaseds personal Estate is — 

insufficient to pay his just debts and Charges of x\dministration na°i"vf soe^''" 
by the sum of £108.5.4i/i>. Praying he may be impowered to make Province 
Sale of the said deceaseds Real Estate lying in said Norton, to pay chap.'io."' * 
the same, and the Charges that may arise in settling said Estate. 

Read and 

Ordered that the Prayer of the Petition be Granted, and that 
the Petitioner be and he is hereby Impowered in his said Capacity 
to make Sale of said deceaseds Real Estate, and to make and Ex- 
ecute a good Deed or Deeds in the Law for conveying the same, 
he first giving notice of the time and place of such Sale as the Law 
directs and to Account with the Judge of Probate for the County 
of Bristol for his proceedings therein, and to give sufficient Caution 
to him accordingly. [Passed Ajjril 16. 



CHAPTER 430. 

VOTE ALLOWING £.i TO LEONARD WILSON. 



A Petition of Leonard Wilson Setting forth That he was a Legislative 
Soldier in the Pay of the Province in the Canada Expedition 1758, counc*if xx\v^ 
and returned his Gun into the Commissary Generals store Notwith- S38. Mass. 
standing which there was a stoppage made from his wages on account ixxx.,i68. 
of the said Gun, And Praying an allowance, Mass. 

[Read and] to'Ts 

Voted That y® sum of Three pounds be paid out of y® publick House Jour- 
Treasury to Oliver Eletch ' Esqr for j^ vse of y® petitinour in full, province^' 
[Passed April 16. ch^^^.'^J''''^^'' 

' .Sic, it seems, for Fletcher. 



188 



Province Laws {Resolves, etc.). — 1761-62. [Chaps, 431, 432.] 



CHAPTER 4:31. 



Legislative 
Records of the 
Council, xxiv., 
338. Mass. 
Archives, cxx., 
412. 

House Jour- 
nal, p. 30G. 



ORDER GRANTING TO JEREMIAH EATTON LICENCE TO SELL SPIRIT- 
UOUS LIQUORS. 

A Petition of Jeremiah ' Eatton of Reading in the County of 
Middlesex Setting forth that he lives in the North Parish of said 
Reading, in which Parish Captain William Flint deceased hereto- 
fore obtained a Licence to sell Spirituous Liquors, Praying the Gen- 
eral Sessions of the Peace for the said County may be impowered 
to Grant him a Licence (at their next Term) to sell Spirituous 
Liquors. 

Read & 

ordred that the Justices of the General Sessions of the Peace for 
the County of Middl^ be & here by are Impowered at their next 
Term to Grant unto Jeremiah Eaton of Reading a Licence as a 
Retailer in Said town, he first obtaining the approbation of the 
Select men of Said town, the term for Granting licence being Elapsed 
not with Standing. \^Passed April 16. 



CHAPTER 432. 



Legislative 
Records of the 
Council, xxiv., 
340. 

House Jour- 
nal, p. 310. 



ORDER IMPOWERING ELIJAH PORTER, GUARDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Elijah Porter, Guardian to Nathanael Porter a 
Minor of Seventeen Years of Age son of Nathanael Porter late of 
Topsfield deceased Setting forth that the said minor has in the 
Division of two thirds of his Fathers Estate between fifteen and 
Sixteen Acres of Land to the value of One hundred pounds Law- 
ful money, for his part of the land, in the said two Thirds of said 
Estate, which lays a distance from the homstead and will by no 
means make a settlement, that the said minor has a very great 
desire to have a liberal Education, and can't be prevailed on to go 
to any Mechanick business, that what personal Estate he has, and 
what said Land will fetch will procure him a Liberal Education. 
Praying he may be Impowered to sell the same 

Read and 

Ordered That the Petitioner in his Capacity of Guardian be im- 
powered to make Sale of the Land mentioned for the most the same 
Avill fetch and to Execute a Good Deed thereof, giving sufficient 
Caution to the Judge of Probate for the County of Essex that the 
money arising by the said Sale shall be applied in the manner pro- 
i:)Osed for Educating the said ISTathanael Porter at the College as 
mentioned in the Petition. \^Passed April 17. 

^ The House Journal, p. 306, reads, "■ Jeremy." 



[4th Sess.] Province Laws {Resolves^ etc.). — 1761-62. 189 

CHAPTEE 433. 

VOTE GRANTING TO THO^ PARK LICENCE TO KEEP AN INN. 

A Petition of Thomas Park of Cambridge Setting forth That Legislative 
the Selectmen of Cambridge aforesaid being sensible the publick counclf, x^xh-^, 
good required some further Provision should be made for Enter- ^tlnJ^^^^:,^-, 

taming Travelers drovers &c on the Great Country Road leading ^^ 

from Watertown thro Cambridge to Brookline and so to Boston, Mass. 
approved of the Petitioners keeping a Tavern in his dwelling House ^24^*^ hous?'' 
in Cambridge, Praying the General Sessions of the Peace for the Journal, p. 307. 
County of Middlesex may be empowered to Grant him a Licence 
for that purpose. 

[Read and] 

Voted That the Justices of the Court of general Sessions of the 
peace for the County of Middlesex at their Sessions to be held at 
Cambridge in said County on the third Tuesday of may next, be 
and they hereby are Impowered to Licence the Petitioner to keep 
a Tavern in the Town of Cambridge (if they think proper) he 
obtaining the approbation of the selectmen of s*^ Town agreable 
to Law. \_Passed April 17. 



CHAPTER 434. 

VOTE ALLOWING £20 TO JONATHAN CARR. 

A Petition of Jonathan Carr Setting forth That he was a Sol- R®^r^"'^f th 
dier in the Pay of the Province in Cap*' Saxes Company in 1760. councif, xxiv., 
that before the Term of his Inlistment expired and while in Actual ArchWes?' 
Service, he received a hurt in his Right Leg, for cure whereof he ixxx., iss. 
was sent to the Hospital where he took the small Pox, which setled Mass. 
in his said Leg, by means whereof he lost his said Right Leg Pray- ixx^x^J^m. 
ing an allowance. Sal'p! 31T'"" 

[Read and] 

Voted that there be Granted Unto the Petitioner Jonathan Carr 
the Sum of twenty Pounds, forty Shillings thereof be paid by the 
Treasurer of this Province to the Petitioner, and Eighteen Pounds 
the Remaining Part of the S*^ Twenty Pounds Be paid to the Rev*^ 
m"" Eben'' Flagg minister of Cheshire in the Province of New Hamp- 
shire or His order to be by him Apply ed to the Best Advantage of 
the Petitioner from time to time as his Circumstances may Call for. 
\^Passed April 17. 



CHAPTER 435. 

ORDER ALLOWING 16/ 8 TO JON^ PATCH, JR. 



A Petition of Jonathan Patch jun'' of Stow Setting forth That ]^|f^^^^**Jf®ti,e 
he was a Soldier in the Service of the Province in 1759 in Cap' council, xxiv., 
Abijah Halls Company and on his return home was taken sick and Archfves,^' 
put to Expence in getting home Praying an Allowance. ixxx., 1-26. 



190 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 436-438.] 



Mass. 
Archives, 
Ixxx., 119. 
House Jour- 
nal, p. 312. 



Eeacl and 

Ordered that the Sum of Sixteen Shillings and eight pence be 
paid out of the publick Treasury to Henry Gardner Esq"" for the 
Use of the Petitioner in full. [Passed April 17. 



CHAPTER 436. 



ORDER ALLOWING £3 TO JOHN ROW. 



Legislative 
Records of the 
Council, xxlv., 
342. Mass. 
Archives, 
Ixxx., 169. 

House Jour- 
nal, p. 312. 



A Petition of John Eow of Glocester Setting forth that his 
son Jabez Eow a Minor served on board his Majesty's Ship Neptune 
commanded by Admiral Saunders in the Expedition against Canada 
in 1T59 and on his return home was taken Sick that he was at great 
Expence for Doctors and Nurses Praying an Allowance. 

Eead and 

Ordered that the sum of three pounds (exclusive of the Doctor's 
Bill) be paid out of the publick Treasury to Thomas Saunders Esq"^ 
for the Use of the Pef in full. [Passed April 17. 



CHAPTER 437. 



Legislative 
Records of the 
Council, xxiv., 
342. 

House Jour- 
nal, p. 312. 



ORDER ALLOWING £4 TO AMBROSE HALE, JUN^. 

A Petition of Ambrose Hale jun'' of Harvard Setting forth 
that he was a Soldier in Cap* Hastings Company in the Year 1759. 
and while in the Service was taken Sick with the Camp Fever which 
put him to great Expence Praying an Allowance. 

Eead and 

Ordered that the sum of four pounds be paid out of the Public 
Treasury to William Eichardson Esq'' for the use of the Petitioner 
in full. [Passed April 17. 



CHAPTER 438. 



ORDER ALLOWING £5. 11 TO ABIJAH PROCTOR. 



Rcfords'of the ^ Petition of Abijah Procter ' of Westford Setting forth That 
,coijncii,^xxiv., he was a Soldier in Col° John Whitcombs Eegiment in the Year 
1760, that in his return home from Crown Point he was taken sick 
with the Small Pox, which put him to expence and Charge Pray- 
ing an Allowance. 
Eead and 

Ordered that the sum of five pounds eleven Shillings be paid out 
of the publick Treasury to Cap' Jonas Prescot for the Use of the 
Pet' in full. [Passed April 17. 

' The House Journal, p. 312, reads, "Porter." 



342. Mass 
Archives, 
Ixxx., 170. 

House Jour- 
nal, p. 312. 



[4th Sess.] Province Laws {Resolves, etc.). — 1761-62. 191 



CHAPTEK 439. 

VOTE APPOINTING SAM'- LIVERMORE, ESQ^, TO INSPECT THE SUR- Legislative 

VEYORS IN LAYING OUT SEVERAL TOWNSHIPS EAST OF PENOBSCOT Records of the 
_„__,„ Council, XXIV., 

RIVER. 343. Mass. 

Archives, 
oxvii S^i 

The TWO Houses pursuant to agreement proceeded to the Choice - — - — '■ 

of a person to inspect the Surveyors in laying out the several Town- na^i^pp. 265^313. 
ships granted the last Session, Eastward of Penobscot River; when chap 467^""' 
Samuel Livermore Esqr was chosen by a major part of the Votes 
of the two Houses, \^Passed April 17. 



CHAPTER 440. 

VOTE APPOINTING A COMMITTEE TO RUN THE BOUNDARY LINE 
BETWEEN THIS GOVERNMENT AND NOVA SCOTIA. 

The TWO Houses proceeded according to Agreement to choose Legislative 
two Gentlemen to Join with Such as may be appointed by the Prov- councu^*xxh\ 
ince of Nova Scotia to repair to the River S' Croix to ascertain the 343. Mass. 
Line between the two Provinces agreeable to the report of a Com- 466. ' '' 
mittee of this Court in February last when William Brattle and House Jour- 
James Otis Esq" were chosen by a major Vote of the two Houses. ^nle^n^Hi^^^' 
[Passed Ajyril 17. chap'. 385. 



CHAPTER 441. 



ORDER ALLOWING £8. 11 TO JN" FOX. 



A Petition of John Fox of Littleton Setting forth That he Legislative 
was a Lieutenant in Cap* Thomas Farringtons Company in 1761. councif, xx^vl, 
and was by order of his Col° left at N° 1 to take care of the Invalids 3/3. Mass. 

A.rciiivG8 

left there, that he was obliged to advance the money or give secu- ixxx., m. 
rity, for the necessaries of Life for said Invalids otherwise they must Mass. 
liave perished, which put him to considerable expence as appears by ^^x.^isf. 
the Account Annexed to the Petition Praying an Allowance. ^''"^^ •JS"^;,o 

Read and _ . nai,pp.306,3i3. 

Ordered that the Sum of eight pounds eleven Shill^^ be paid out 
of the publick Treasury to the Pef in full of his Account annexed.' 
[Passed April 17. 



CHAPTER 442. 

ORDER SHIPPING ADDITIONAL MEN FOR PROVINCE SHIP KING GEORGE. 

A Petition of Benjamin Hallowell Commander of his Majesty's Legislative 
Ship King George belonging to this Province Setting forth That ^^l^^^ ° xwt 
in the last Establishment for the said Ship there was Provision made ^^-^^^llf- 
for the Pay of only One hundred and twenty three Privates, which ixvi., 201' 

* For the account see Mass. Archives, ixxx., 157. 



192 



Province Laws {Resolves, etc.). — 1761-62. [Chaps, 443, 444.] 



Mass. 
Archives, 
Ixvi., 200. 
House Jour- 
nal, p. 31f). 
Ante, p. 184, 
ctaap. 424. 



is ten less than the usual Number of Privates, a Compliment full 
short for the necessary manning and Fighting of the said Ship, and 
that the Protection of this Coast depends much upon the said Ships 
being well mann'd and fitted for its defence Praying an Addition 
may be made to the Number of Privates for said Ship. 

Eead and 

Ordered tliat an addition of ten effective Men be made to the 
number of Privates already established for the Ship King George. 
[Passed April 19. 



CHAPTEE 443. 



RESOLVE ALLOWING £L 11. 8 TO JOHN NOTTS. 



Legislative 
Records of the 
Council, xxiv., 
346. Mass. 
Archives, 
Ixxx., 153. 



An Account presented of John Notts of Expences for a Soldier 
left Sick at Otter Creek in 1760, with an Order to pay it to Eldad 
Taylor. 

[Read and] 

Resolved that the Sum of one pound Eleven Shillings & Eight 
pence be paid by y*^ Treasurer to Josiah Dwight Esq"" in order to 
Discharge y® aboue account which he is to pay over to y^ aboue s*^ 
Eldad Taylor Esq^ for y"^ use of y*^ s** John Nott agreeable to y^ aboue 
order.' [^Passed April 20. 



CHAPTER 444. 



VOTE GRANTING TO DAVID HOIT LICENCE TO KEEP AN INN, 



Legislative 
Records of the 
Council, xxiv., 
346. Mass. 
Archives, cxi., 
.523. 

Mass. 

Archives, cxi., 
522. House 
Journal, p. 317. 



A Petition of David Hoit of Deerfield Setting forth That the 
present and only Innholder within four miles from the Settled part 
of the Town of Deerfield, has sold his place & is removing out of 
Town, and that he hath obtained the approbation of the Selectmen 
to be an Innholder in said Town Praying the Court of General 
Sessions of the Peace for the County of Hampshire may be impow- 
ered at their next Session to Grant him a License to be an Innholder 

[Eead and] 

Voted that the Prayer of the Petition be granted and tliat the 
Court of General Sessions of the Peace to be holden at Springfield 
within & for the County of Hampshire on the first Tuesday of may 
next be and hereby are Impowered if they See Cause to grant a 
Licence to y*" Petitioner, he first Obtaining y*" Approbation of the 
Select Men of the Town of Deerfield for that Purpose according 
to Law. \^Passed April 20. 

' Not found in the House Journal. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1761-62. 193 



CHAPTER 445. 

ORDER IMPOWERING RICH" WAITE TO TRANSFER HIS LICENCE TO 
SELL SPIRITUOUS LIQUORS. 

A Petition of Eichard Waite of Plymouth in the County of Legislative 
Plymouth Setting forth That the Court of General Sessions councif, xxiv?, 

of the Peace held at Plymouth aforesaid on the first Tuesday of ?1L 

July last Licensed him to be a Eetailer of Spirituous Liquors in ^aT^^fiT'^' 
the House where he then dwelt, in said Plymouth for one Year, 
that he is moved into another House in said Town and so can't 
have the benefit of said License Praying he may be Enabled to 
Exercise his License in the House he now dwells in, in said Town. 

Read and 

Ordered that the Prayer of the Petition be granted, and the Peti- 
tioner be and hereby is Impowered to improve liis License as a Ee- 
tailer of Spirituous Liquors in the House where he now dwells in 
Plymouth as fully as by Law he was Impowered to do it in the House 
he has lately removed from, till the time for holding the Court of 
General Sessions of the Peace on the first Tuesday of July next in 
the County of Plymouth He first obtaining the Approbation of the 
Selectmen of Plymouth for that purpose. \^Passed Ajiril 20. 



CHAPTER 446. 

ORDER IMPOWERING ELIZABETH AND JOSEPH RICHARDS, ADMI'^ TO 
SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Elizabeth Richards Widow and Joseph Richards Legislative 
Yeoman Administrators of the Estate of Joseph Richards late of counclf ^iv^ 
Dedham Esq'' deceased Intestate Setting forth That the debts due 348. 
and owing from the said deceased amount to the sum of £251.5/ House Jour- 
more than the whole of his personal Estate, that the Creditors are province ^' ^^^* 
in great want of their money but the petitioners are not able to ^ij'^^o"' ^^^' 
pay them without Selling part of the said deceaseds real Estate, 
and as the Superior Court is not held in the County of Suffolk 'till 
August next it Avill be difiicult to prevail upon the Creditors to tarry 
till that time, Praying they may be impowered to make Sale of so 
much of the said deceaseds Real Estate as will be sufficient to sat- 
isfy the debts with contingent charges. 

Eead and 

Ordered that the Petitioners in their capacity of Administrators 
on the Estate of Joseph Eichards deceaseds be and they hereby 
are impowered to make sale of so much of the Eeal Estate of said 
deceased as shall be needful to pay his Just debts (and charges of 
Sale) and to give a good Deed or Deeds for conveying the same; 
they observing the directions of the Law for the sale of real Estates 
by Executors and Administrators and giving sufficient caution to 
the Judge of Probate for the County of Suffolk, that the Money 
arising by said Sale be applied to the purposes in this Petition men- 
tioned. \^Passed Aj^ril 20. 



194 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 447-449.] 



CHAPTER 447. 

VOTE DISMISSING WM. BOLLAN, ESQ, FROM THE PROVINCE AGENCY 
AT THE COURT OF GREAT BRITAIN. 

Voted 

That William Bollan Esq'' Agent for this Province at the Court 
House Jour- of Great Britain be, and he hereby is now dismissed from his Agency 
nai, pp. 315, 318, tj^g^.g ^iid that the Secretary be directed to write him Accordingly, 
[Passed A^jril 30. 



Legislative 
Records of the 
Council, xxiv., 
349. Mass. 
Archives, 1., 
165. 



CHAPTER 448. 



ORDER IMPOWERING SARAH HEWINS TO JOIN WITH HER HUSBAND 
IN SELLING LANDS AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
350. 

House Jour- 
nal, p. 306. 



A Petition of Sarah Hewins, the Wife of Samuel Hewins of 
Stoughton Physician Setting forth that she is owner of about 
Sixty Acres of Land, lying in two seperate pieces in the Town of 
Weymouth and the Petitioner living in Stoughton with her Hus- 
band, they find it very Impracticable to improve said Lands by 
reason of its being so remote, the Petitioner apprehends it would 
be much to her Advantage to sell said Lands but is incapable of 
joining with her Husband in the Sale thereof by reason of her 
being under the Age of twenty one Years Praying she may be 
Authorized and impowered to Join with her Husband in the sale 
of the aforesaid Lands. 

Read and 

Ordered that the Prayer of the Petition be granted and that the 
Petitioner be and she is hereby impowered to Join with her Hus- 
band in making Sale of the Lands mentioned in the Petition and 
to make and Execute a Good Deed or Deeds in Law for Conveying 
the same her said Husband first giving Security to the Judge of the 
Probate of Wills for the County of Suffolk that the money which 
shall arise on the Sale of said sixty Acres shall be for the use and 
benefit of the heirs of the said Sarah Hewins, unless after her Arrival 
at the Age of twenty one years she shall otherwise dispose of the 
same. [Passed April 20. 



CHAPTER 449. 



ORDER IMPOAVERING DANIEL BALDWIN AND AMITTY HIS WIFE, ADM^, 
TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
350. 



A Petition of Daniel Baldwin of Billerica and Amitty his Wife, 
as she is Administratrix of the Estate of her former husband Ezekiel 
Walker late of Billerica deceased Intestate Setting forth That the 
said Ezekiel died Seized of a Certain Messuage and Tract of Land 
containing about 114 Acres appraised at about £213 leaving 

two surviving Children being Weakly and expensive to maintain, 
and the Petitioner having lately made up her Accounts of Admin- 



.JL 



[4th Sess.] Province Laws (Besolves, etc.). — 1761-62. 195 

istration there is the sum of £101.10.7% that must be raised out 
of the Real Estate to discharge the debts due and owing from said 
Estate, that the selling a part of said Real Estate would greatly 
prejudice if not spoil the whole. Praying they may be impowered 
to sell the same. 

Read and 

Ordered that the Prayer of the Petition be granted and that the 
sail! Daniel Baldwin and Amitty his Wife hereby are Authorized 
and Impowered to make Sale of all the Real Estate of the said 
deceased for the most the same will fetch and to Execute a good 
Deed or Deeds of the same provided the said Daniel and Amitty 
observe the directions of the Law relating to the Sale of Real Estates 
by Executors and Administrators and giving sufficient caution to 
the Judge of Probate for the County of Middlesex that the produce 
arising by the Sale thereof shall be disposed of for the paying the 
Just debts of tlie deceased, and the two thirds of the Remainder 
thereof with the Interest arising on the same the said Guardians 
to Account for with the said Minors as they respectively come of 
Age and the said Amitty to have the Interest of the other third 
during her Natural Life, and after the decease of the said Amitty 
the said Third to be divided amongst the heirs of the said deceased 
or their Legal Representatives in the same j)roportion as Real Estates 
Intestate are by Law settled.' [Passed Ajjril 20. 



CHAPTEK 450. 

ORDER IMPOWERING DEBORAH METCALF, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Deborah Metcalf Widow and Administratrix on Legislative 
the Estate of Joseph Metcalf late of Rutland District in the County c^unc'if.xiiv^, 
of Worcester deceased. Setting forth That the Petitioners husband 35i. 
said Joseph left seven Children, three sons viz' Asa Nathan and House Jour- 
Joseph and four Daughters viz' Deborah Sarah, Tabitha and Silence, province ' 
and one small Farm containing about One hundred and forty seven ^jfa^^'^o'' ^^^' 
Acres, Upland and Meadow, which is so situated that it cannot be 
divided or any part thereof taken off without Damage and Loss, 
and the said Asa is now of Age, and desires to have his part of his 
Fathers Estate, and within about two years another of the Chil- 
dren will come of Age and so onwards. Praying she may be inabled 
to sell the same. 

[Read and] 

Ordered that the prayer of this Petition be Granted and that the 
said Deborah be and hereby is Impowered (in her said Capacity) to 
make Sale of the whole of the said deceaseds Real Estate for the 
most the same will fetch and to Execute Deed or Deeds thereof. 
Provided the Petitioner observe the directions of the Law for the 
Sale of Real Estates by Executors & Administrators and give suffi- 
cient caution to the Judge of Probate for the County of Worcester 
that the moneys arising by said Sale be put out to Interest on Good 
Security, and one third of the Interest be to the Widow in Lieu of 
her Right of Dower or thirds in the premisses during her natural 
Life, and the other two thirds of the Interest be to the benefit of 

• Not found in the House Journal. 



196 



Province Laws {Resolves^ etc.). — 1761-62. [Chap. 451.] 



the Children, and that each Childs proportion of the two thirds 
principal and Interest be paid them as they shall Eespectively come 
of Age or Marriage and at the decease of the said Deborah each 
Childs Proportion of the other third shall be divided to and Among 
them or their Legal Rej)resentatives according to the directions of 
the Law. \^Passed Ajjril 21. 



CHAPTER 451. 



RESOLVE IMPOWERING AZUBAH ADAMS, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
352. 

Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Azubah Adams of Springfield in the County of 
Hampshire Widow, Relict and Administratrix of the Estate of Abra- 
ham Adams late of said Springfield Yeoman deceased Setting forth 
That the debts due from the Estate of the said deceased exceed the 
whole personal Estate the sum of One hundred and thirty nine 
pounds eight shillings and four pence one farthing, That the Real 
Estate of said Abraham was appraised at Two hundred twenty eight 
pounds ten shillings and consists of a small Farm with a Dwelling 
House and Barn &c'' that the same has for sundry Years past been 
Licensed as a Public Tavern, and is well situated for such a Pur- 
pose, if the whole might be sold together, and would probably Sell 
at a much better price and Consequently afford a much better Resi- 
due for the heirs if Sold together than if such part only should be 
sold as might be sufficient to pay the said debts. That the said Abra- 
ham died leaving five Children four of which are yet living and all 
Daughters the eldest fifteen Years old. Praying she may be impoAV- 
ered to make Sale of the whole of said deceaseds Real Estate 

[Read and] 

Resolved that the Prayer of this Petition be so far granted as that 
the Petitioner in her Capacity be and she hereby is impowered to 
make Sale of the Real Estate within mentioned for the most the 
same will fetch and to pass and Execute a good Deed or Deeds of 
the same to the Purchaser or Purchasers, she observing the direc- 
tions of the Law relating to the Sale of Real Estates by Executors 
and Administrators and giving sufficient caution to the Judge of 
Probate for the County of Hampshire to apply the money arising 
by the Sale in the following manner viz' the said Petitioner to enjoy 
the Interest of one third thereof during Life in Lieu of her Dower 
in said Real Estate that the other two Thirds be applied for the 
payment of the deceaseds debts and what shall remain of said two 
thirds be divided according to Law among the Children of said 
deceased and at the Death of the Petitioner the said Third be 
divided in the like manner among the legal heirs that may then be.' 
{^Passed April 21. 

^ Not found in the House Journal. 



[4th Sess.] Provixce Laws {Resolves, etc.). — 1761-62. 197 



CHAPTEK 452. 

ORDER ALLOWING £2. 18. 6 TO THE TOWN OF MEDFIELD. 

A Petition of Peter Coolidge Eepresentative of the Town of R|^'r!i*%^h 
medfield Setting forth That the Selectmen of the said Town Councn.xxiv., 
sometime before the French Xeutrals were distributed among the Archiv^esT' 
several Towns in the province, presented to the Governor and xxiv., 478. 
Council an Account of their Disbursmenta upon them amount- Mass. 
ing to fifty eight shillings odd pence, and that said Account was xx?v.7477. 
lost, Praying a reimbursment. iecor'ds''of the 

Eead and councu, xv., 

Orderd that the prayer of the Petn be granted and that the Sum 
within mentioned be paid out of the publick Treasury to Cap Peter 
Coolidge for the Use of the Town of Medfield accordingly.' \^Passed 
April 21. 



CHAPTER 453. 

RESOLVE IMPOWERING JEDIDIAH BLISS, ADM'', TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Jedediah Bliss of Springfield in the County of i^^^^d^^f'th 
Hampshire Administrator on the Estate of Jonathan Day late of councu.xxiv., 

said Springfield deceased Setting forth That the debts due from ^ — . 

the said Jonathans Estate exceed the whole personal Estate of the £a\vs°ii! i5i 
said deceased (a small Allowance of Necessaries to the Widow in- cbap.'io.' 
eluded) the sum of Three hundred and Fifty one pounds four pence 
half penny, that the whole Real Estate of said deceased is appraised 
at Four hundred and Twenty two pounds two shillings and four 
pence, and is under the Incumbrance of two Dowers viz' the Widow 
Horton's Mother of said deceased who has her Dower one third part 
thereof set off to her since the Appraisment thereof and the Widow 
Hannah Day Relict of said deceased who has her Right of Dower 
in one Third part of the Residue that no regard was had in the 
Appraisment to said Incumbrances as the Petitioner is informed 
but that the same was Appraised at its full Value, that most of the 
debts due from said Estate are upon Interest and are thereby in- 
creased so that the Petitioner apprehends the whole Real Estate 
will not much more than pay the same. Praying he may be impow- 
ered in his said Capacity to make Sale of the same 

[Read and] 

Resolved that the Prayer of the Petition be granted and that the 
Petitioner (in his Capacity of Administrator) be and he hereby is 
impowered to make Sale of the whole Real Estate of the said Jona- 
than Day deceased for the most the same will fetch and to Execute 
one or more Deeds for Conveyance thereof; he first giving Notice 
of the time and place of Sale agreeable to the Law of this Prov- 
ince respecting Sale of Real Estates by Executors and Administra- 
tors, (reserving to the Widows aforesaid their Rights of Dower 
during their Natural lives) he also giving caution to the Judge of 
Probate for the County of Hampshire that the proceeds of such 
Sale be duly applied in the first place to discharge the deceaseds 

* Not found in the House Journal. 



198 



Province Laws {Resolves, etc.). — 17(31-62. [Chaps. 454-456.] 



just debts, and what remains, if any there be, be divided accord- 
ing to Law among the Children of the said deceased. \^Passed 
April 21. 



CHAPTER 454. 



Legislative 
Records of the 
Council, xxiv., 
376. Mass. 
Archives, civ., 
191. 

House Jour- 
nal, p. 321. 



RESOLVE ALLOWING £20 TO ROBERT SAUNDERS. 

Resolved that the sum of twenty pounds be granted and Allowed 
out of the publick Treasury to Robert Saunders of Albany Esq"" as 
a Gratuity for his kind services to the Inhabitants of this Prov- 
ince the said Sum to be paid to the Commissary Gen' for his Use. 
\^Pass6d April 21. 



CHAPTER 4.^5. 



Legislative 
Records of the 
Council, xxiv., 
354. 

House Jour- 
nal, p. 320. 
Province 
Laws, iv., 627, 
note. Ante, 
p. 147, chap. 
345. 



VOTE DIRECTING THE COMMITTEE APPOINTED TO SETTLE THE BOUN- 
DARIES OF BIDDEFORD, SCARBOROUGH, &c., TO FIX THE BOUNDS OF 
THE TOWNSHIPS OF NEW MARBLEHEAD, NEW BOSTON AND NEW 
GLOUCESTER. 

Voted that the Committee Appointed by this Court at their last 
Session to run out the lines of the Towns of Biddeford Scarborough 
and Falmouth and to fix the bounds of the Township of Narragan- 
set N° 7 Narraganset N° 1 and Pierson town be and they hereby are 
ordered and directed to fix the bounds of each of the Townships 
of New Marblehead; New Boston and New Glocester; the Com- 
mittee to observe the same directions as mentioned in the vote 
Appointing them a Com*®^ as aforesaid The charges to be born as 
expressed in the same Vote. \^Passed April 21. 



Legislative 
Records of the 
Council, xxiv., 
3.'J4. Mass. 
Archives, cxx., 
413. 

Mass. 

Archives, cxx., 
413. House 
Journal, p. 315. 



CHAPTER 456. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF BARNSTABLE 
AND ALLOWING £1. 16 FOR THE EXPENSE THEREOF. 

The Committee appointed to farm the Excise on Tea Coffee and 
China ware in the County of Barnstable for the Year 1763 made 
report that they had sold the same to M' Isaac Hinckley for the 
sum of Fifty pounds eight shillings and taken bonds with Sureties 
for the same, they likewise presented their Account of charge amount- 
ing to One pound sixteen shillings. 
In the House of Eep''^^ 

Read and Accepted and 

Ordered that the Sum of One pound Sixteen Shillings be paid 
out of the publick Treasury to the Committee for their service and 
expence in the affair. 

In Council Read and Concurred provided this shall not be a 
precedent but that all reports of Committees of the two Houses 
shall for the future be first made at the Board. \^Passed April 21. 



^^ 



^ 



[4th Sess.] Province Laws {Resolves, etc.). — 1761-62. 199 

CHAPTER 457. 

ORDER CONFIRMING 200 ACRES OF LAND TO ASA HILL. 

A Plan of Two hundred Acres of land laid out pursuant to a Legislative 
Grant of the Great and General Court in January 1759 to M"" Asa c^unefi^ ^^xh*^ 
Hill of Shrewsbury as laid out the twenty seventh day of October 355. 
1761, by Samuel Messenger Surveyor, was presented for Allowance House Jour- 
which Land is described as follows viz* bounded North in part on pj-ov^iice^" 
a Six hundred Acre Grant that was granted to M' John Farrar of \^ao^'m''''-*^' 
Concord now belonging to Col" Jones of Weston beginning at the 
South West corner of that Grant: which corner is a small Hard 
Maple Staddle, marked and stones about it standing on a Knowl 
or Hillock faceing Northwestward and about two rods to the East 
of a small Brook that runs to the north about forty Rods and there 
meets a brook that comes from the South Eastward out of a Pond, 
then from said Corner it runs East 19 Degrees South fourteen chains 
Eighty five Links, thence South five Degrees thirty nine minits West 
twenty nine Chains ninety six Links, thence West Nineteen Degrees 
North eighty eight chains twenty six Links, thence North nineteen 
Degrees East Seventeen chains and forty two Links to the bounds 
began at. 

Read and 

Ordered that the lands herein delineated be and hereby are con- 
firmed to the within named Asa Hill his heirs and Assignes Pro- 
vided the Plan exceeds not the quantity of the Grant and does not 
interfere with any former Grant. \^Passed April 21. 



CHAPTER 458. 

ORDER ACCEPTING REPORT OF COMMITTEE IN REGARD TO MARBLE- 
HEAD BEACH. 

A Petition of the Town of Marblehead. (Signed) Robert Hooper Legislative 
jun"- Moderator Setting forth That in the year 1729 the General ^^^Jf, x x* v^, 
Court passed an Act for repairing and securing the Beach on the 254, 355. ' Mass! 
South west side of the Harbour of Marblehead, and granted a Sum cxviiljvlo. 
not exceeding two thirds of Two thousand pounds to be paid out ^^ii^, 
of the Public Treasury towards said Repairs. That the Trustees ^'■*^||^^;?|j5 
employed in this Service drew Five hundred pounds out of the LegisiatiVe 
Public Treasury and Two hundred and Fifty pounds out of the coundf, xxi**!? 
Town Treasury, with which sums they entered upon the business •j''^"„^°"®'^ 
and disbursed the same, but the work not being effectually done, pp. 23-2, 245, 311, 
the late great Storm and High Tides have made several Breaches LawsfiLrM^** 
so that the Beach is in danger of being washed away and the Har- ciiap. 5. 
hour destroyed. And Praying That they may have the residue of 
the Sum granted, or so much of it as shall be needed towards secur- 
ing the Beach the Town agreeing to advance one third part of the 
money that shall be wanted. And further praying that other Trus- 
tees may be appointed for perfecting the Work. 

The Committee appointed, on the Petition of Robert Hooper Esq"" 
to go to Marblehead and view the Beach there, having attended that 
Service, beg leave to report, that they find the Wall made for the 



200 



Province Laws {Resolves, etc.). — 1761-62. [Chap. 459.] 



security of said Beach and the Harbour, in consequence of an Act 
of this Province passed in the third year of his late Majesties Reign 
intituled "An Act for the speedy and Effectual securing & re- 
pairing the Harbour of Marblehead in the County of Essex," is 
ineffectual therefor, it being in many places not finished and so 
low, that the Sea washes over it and in the late Storms has made 
several Breaches in it and that said Wall is not continued the whole 
length of said Beach, by means of which it is daily washed away & 
if not soon secured and repaired the Harbour is in danger of being 
destroyed. The Committee sensible of the great Importance of said 
Harbour to the Trade of this Province, are of Opinion that the said 
Wall and Beach be immediately repaired so as effectually to secure 
said Harbour agreeable to the true intent and meaning of the above- 
mentioned Act and that the sum of three hundred pounds be paid 
out of the Public Treasury for this purpose to Eobert Hooper Esq' 
and others, Trustees chosen and appointed by said Town of Marble- 
head, they conforming to said Act in disposing of and accounting 
for said Sum and said Town to be at one third part of the charge 
and expence of said Repairs. 

Which is humbly submitted in the Name and by order of the 
Com"^^ Rich" Cutt 



Read and 

Ordered that this report be accepted. 



{^Passed April 21. 



CHAPTER 459. 



Legislative 
Records of the 
Council, xxiv., 
356. Mass. 
Archives, 
Ixxx., 186. 

Mass. 
Archives, 
Ixxx., 183-189. 
Legislative 
Records of the 
Council, xxiv., 
331,3.33. House 
Journal, 
pp. 308, 309, 310. 
Ante, p. 177, 
chap. 408. 



RESOLVE DESIRING THE GOVERNOR TO RAISE 620 ADDITIONAL MEN, 
ALSO RESOLVES IN REGARD TO PAY, BOUNTY, &c. 

The House taking into Consideration his Excellency's Speech 
at the opening of this Sessions, and the several Letters accompany- 
ing the same : 

Resolved, That the Captain General be desired to raise six Hun- 
dred and twenty Men of this Province by Iiilistment only (in addi- 
tion to the two Thousand men agreed to be raised by this Court at 
their last Sessions, and also in addition to the six Hundred men who 
have been, and are now in the Pay of this Province, and under tlie 
General of his majesty's Forces during the last Winter, making three 
Thousand two Hundred and twenty men in the whole) including 
Officers, to be put under the Command of his Excellency General 
Amherst, to supply the Places of such Part of the Regular Forces 
in america as shall be drawn out of the several Forts and Garrisons, 
to be employed in some important Enterprize ; the said six Hundred 
and twenty men to be raised on the same Conditions and Limita- 
tions, and on the same Bounty and Wages that the aforesaid two 
Thousand men were raised. 

That the Captain General be desired to form the said three Thou- 
sand two Hundred and twenty men into three Regiments, each Regi- 
ment to consist of ten Companies, and each Company to be as equal 
for number of men as may be; and to be officered in the same man- 
ner, and the officers to receive the same Pay as is provided for the 
raising of the aforesaid two Thousand men by a Vote of this Court 
on the third Day of marcli last. 

That the money for the Bounty of the six Hundred and twenty 



1 



[4th Sess.] Province Laws {Resolves^ etc.). — 1761-62. 201 

Men, now to be raised, shall be put into the Hands of the militia 
Colonels upon their giving Bond with Sureties; to be accountable 
for the same ; and in Case of any neglect, that the Governour be 
desired to appoint some other Person in the Eegiment of militia to 
receive and pay such Bounty Money, they giving the like Security 
as is required of the Colonels; and one per Cent shall be allowed for 
receiving and paying out said Bounty money, and no more. That 
a Eecruiting Officer shall be allowed six Shillings for each man he 
shall inlist, and that passes muster. 

That no minor or Servant, that shall proceed in the above Ser- 
vice, shall be allowed to take more than one Half of his Wages of 
any Person or Persons who may be appointed to supply the above 
Forces. 

Resolved, That the Pay of the non-Commission officers and Pri- 
vates of said six Hundred and twenty men, commence from the 
Day of their attestation: and that said non-Commission officers 
and Soldiers be allowed and paid by this Government two Pence 
Sterling per Day each man for Subsistence, from the Time of the 
Commencement of their Wages, until they shall receive the King's 
Provision. And the Commissary General is directed to provide for 
each of said Soldiers one Haversack, and one wooden Bottle con- 
taining about three Pints; also a large Hatchet to every ten men, 
and a tin Kettle, containing about two Gallons to every six men of 
said six Hundred and twenty men. 

Further 

Resolved, That if any of the six Hundred men aforesaid, now in 
the Pay of this Province, whose Term of Inlistment will expire the 
first Day of July next, shall inlist anew 'till the last Day of October 
next, every one that shall so inlist shall receive a Bounty from this 
Government of Three Pounds ten Shillings. 

Resolved, That there be a Bounty of seven Pounds granted by 
this Government to each able-bodied effective man between the Age 
of eighteen and Forty Years, not exceeding the number of eight 
Hundred and ninety three men, that shall (within the Term of two 
Years next by the officers to be appointed by his Excellency the Gov- 
ernour of this Province, agreable to the Requisition of his Majesty 
signified by a Letter from the Right Honorable the Earl of Egre- 
mont of the twelfth of December last, and by another Letter from 
his Excellency Sir Jeffery amherst of the twenty first of February 
last) be inlisted within this Province to compleat his Majesty's Reg- 
ular Regiments in america, to serve during the present War, or until 
said Regiments return to Europe. 

And the said Bounty Shall be paid by the Treasurer of this Prov- 
ince, by warrant from the Governor with the Advise of the Council, 
to his Excellency he first certifying to them the number that shall 
have inlisted and passed Muster from time to Time, to enable him 
to pay the said Bounty to all that Shall inlist as aforesaid Further 

Resolved that the Comissary General Be Directed to Provide Thirty 
Watch Coats for Each of the Three Regiments Before mentioned at 
the Charge of the Government. \^Passed April 21.^ 

' This chapter is taken from a new draft of the original vote passed the 16">. The date 
of this manuscript, also of Legislative Records of the Council, is April 21. 



202 



Province Laws {Resolves, etc.) . — 1761-62. [Chaps. 460-463.] 



Legislative 
Records of the 
Council, xxiv., 
358. Mass. 
Archives, 
Ixxx., 151. 

Mass. 
Archives, 
Ixxx., 151. 
House Jour- 
nal, p. 321. 



CHAPTEK 460. 

VOTE ALLOWING 30/ TO HANNAH WHITE. 

A Petition of Hannah White Setting forth That her late hus- 
band Daniel AVhite was a Soldier in Col° Buggies Regiment in IToO 
and carried his own Gun which was lost Praying an allowance. 

[Read and] 

Voted That y*^ sum of Thirty shillings be paid out of y* publick 
Treasury to Cap* Solomon wood for y" vse of y" petitiour in full, 
[Passed Ajjril 21. 



CHAPTEE 461. 



ORDER ALLOWING £1. 10 TO BENJ^ BOOTHBY. 



Legislative ^ PETITION of Beniamin Boothby Setting forth That he went 

Records of the c^ ^ -,- • i • nr • j •> o • ^i i ; ^r 1 • 

Council, xxiv., as a Soldicr m his Majesty s Service the last lear, and m comeing 



359. Mass 
Archives, 
Ixxx., 76. 



Mass. 
Archives, 
Ixxx., 75. 
House Jour- 
nal, p. 3-20. 



home from Halifax the Vessel in which he was on board was drove 
into Cape Cod where he was frozen, and that the expence he was at 
before he was able to Travel home amounted to £1. 8. 10 Praying 
an allowance. 

Read and 

Ordered that the Sum of One pound Sixteen Shillings be paid to 
Joseph Sayer Esq"' out of the Treasury for the Use of the Pef in full. 
[Passed April 21. 



Legislative 
Records of the 
Council, xxiv., 
359. 

House Jour- 
nal, p. 321. 
Province 
Laws, iv.,427, 
chap. 27; 461, 
cliap. 4. 



CHAPTER 462. 

ORDER TRANSFERRING APPROPRIATIONS. 

Ordered that a Transfer of One Thousand pounds be made from 
the appropriation for the Indian Trade to the Appropriation for 
Armed Vessels. [Passed Ajjril 21. 



CHAPTER 463. 



VOTES DIRECTING THE COMMISSARY GENERAL TO PROVIDE HOSPITAL 
STORES AND CHIRURGEONS TO RETURN UNUSED MEDICAL STORES. 



Records'of the ^'^^l^^l That the Comisary General be directed to Provide Hospi- 
coxincii.xxiv., tal Storcs for Each Regiment to be raised for the Service of the 
3.59. Mass. Present year as follows: Viz Beds. Blankets & Pillows thirty seven 



Archives, 
Ixxx., 182. 



House Jour- 
nal, p. 322. 



of each ; Sheets forty, Tin spout Cups thirty six. Claret "VViiie ten 
Gallons, Vinegar Six Barrils, Loaf Sugar fifty Weight, Brown Ditto 
one Barril, Molasses Two Barrils, oat meal Twelve Bushels, Indian 
meal fifty Bushels; Chocalate thirty Weight Coffee thirty weight 
soap one Inindred weight. Candles fifty weight, Raisons three Casks. 
Butter Two Firkins. Two Jarrs of Sweet oyl Limejuice Ten Gallons 
Brandy Ten Gallons. Rum Two Barrils, Pewter Porringers Twelve, 



[4th Sess.] Province Laws {Resolves, etc.). — 1761-62. 203 

Pewter Spoons Twelve. Tiu Quart Pots Twelve Tin Sauce Pans, 
holding Two Quarts Each Six. Bed Pans Two t& That he Pro- 

vide a Doctors Chest not Exceeding one hundred Pounds in Value 
for Each Regiment to be put up in Such manner as the Comand- 
ing officer of Each Regiment Shall direct 

Also 

Voted that those Chirurgeons who shall be Employed in s^ Ser- 
vice be directed to return into y^ Comissary generals Stores at the 
End of y* Campaign y*" Chirurgeons Chest. Medcines & Instruments 
which may be left and not used at y" End of y*" Service, and that 
they do y' Same before they receive their Wages out of y*" Treasury. 
[Passed April 21. 



CHAPTEK 464. 

ORDER ACCEPTING REPORT OF COMMITTEE ON PETITION OF ANTHONY 
BRACKETT AND IMPOWERING JONATHAN HOAR TO BRING FORWARD 
A WRIT OF REVIEW. 

A Petition of Anthony Brackett for himself and on behalf of Legislative 
Jonathan Hoar Esq'' Setting forth, That on the 12'''' of November council, xxiv., 
1757 the Petitioner demised to the said Jonathan his Farm lying ^'"' ^^^' 
in Back Cove in Falmouth, and the said Jonathan being ejected Reconifof the 
brought his Writ of Ejectment against Josiah Noyes at the Inferior Council, xxiv.. 
Court held at York in January 1758, at which Court the Verdict House'joi^'r^*^' 
was against the Petitioner, whereupon he appealed to the Superior 2k1'2To'31i'318' 
Court, at which Court the former Judgment was reversed ; where- 
upon the said Josiah brought his Writ of review to the Superior 
Court held at York in June last and there Verdict was for the said 
Noyes, and the Judgment aforesaid upon the Appeal reversed, which 
he conceives ought not to have been for that the Opinion of the 
Court to the Jury was fully in favour of the Petitioners Right, 
that the Jury could have no view and so no idea of the place, the 
Trial being at York and the Land at Falmouth nor was there a 
Plan of the Place taken and laid before the Court and Jury although 
agreed upon by the Parties, but the said Noyes took advantage hereof, 
and brought three Witnesses, who swore there was no such Marsh 
as that described in the Writ, which the Petitioner could have proved 
by twenty Witnesses, had he not been thus surprized, And Praying 
that he may be enabled to review the said Action, and that the Parties 
may be enjoined to lay before the Court upon the Trial a Plan of 
the Premises. 

The Committee to whom was referred the Petition of Anthony 
Brackett, in behalf of Jonathan Hoar praying that he might have 
Liberty to bring a Writ of Review at the next Superior Court to 
be holden at York on his Action against Josiah Noyes for the Re- 
covery of a Farm in Falmouth have attended that Service heard 
the Parties, their Evidences and Pleas and it appearing to the Com- 
mittee after the most carefull Inquiry that the Jury who tried the 
cause complained that they were misled by Evidence given in at 
the Close of the Trial with Respect to the place where the Farm 
lay and that the Action turn'd with some of them upon the mis- 
apprehensions aforesaid, they therefore are of opinion that the Peti- 
tioner have Liberty to bring forward the Review aforesaid at the 
next Superior Court of Judicature &c^ to be holden for the said 



204 Province Laws {Resolves, etc.). — 1761-62. [Chaps. 465, 466.] 

County of York, and that the said Court be then impowered to 
hear and determine the Merits of the said Cause to give Judgment 
therein and award Execution thereupon. 

(Signed) Benj^ Lincoln ^ Order 

Eead and Accepted and 

Ordered That the said Jonathan Hoar in the said Petition men- 
tioned he and he hereby is Authorized and imjDowered to bring a 
Writ of Review on said Action to the next Superior Court to be 
holden at York for the County of York and the Justices of the 
said Court are hereby enabled and directed to hear said Review and 
determine thereupon, And the said Jonathan Hoar and Josiah Xoyes 
are hereby enjoined to bring a phm of said Lands taken by some 
sworn Surveyor and lay it before the said Court upon the Trial. 
[Passed April 21. 



CHAPTER 465. 

RESOLVES ALLOWING £150 AND A FURTHER SUM OF £80 TO THO^ 

HUBBARD. 

Recordfofthe ^ MEMORIAL of Thonias Hubbard Esq' Commissary General Set- 
councii, xxiv., ting forth That the Grant already made him for the ordinary Ser- 

— • vices the last Year will not compensate for the Expences necessarily 

mu^pp 1^293^295, iucurrcd in carrying on the business devolved on him, that over and 
^'Vo^^'h*' above the ordinary business of his Office, the last Year he under- 
413. ' ' took the Cloathing of 2,800 men Praying that a further allowance 
may be made him for his Services aforesaid. 
[Read and] 

Resolved that the sum of One hundred and fifty pounds be granted 
out of the Public Treasury to the Memorialist for his extraordinary 
Services in that Office, Also 

Resolved that the further sum of Eighty pounds be granted to 
the Memorialist for extraordinary trouble in providing Cloaths for 
two Thousand eight hundred men. \^Passed April 21. 



CHAPTER 466. 

ORDER ALLOWING £60. 18 TO JOHN WINSLOW, ESQ«. 

Krdsof the ^ Petition of John Winslow Esq' Setting forth That on the 
Council, xxiv., 1,3"' day of iVugust 1757, he received orders from his Excellency 
Archives?' Governor Pownall (with a major Generals Commission) requiring 
ixxx., 115. jjjjj^ immediately to repair to Boston, that on the next day he arrived 
Archives ^^^^^'^ his SOU as Secretary and an effective man as a Servant and then 

ixxx., 114. entered upon duty as a major, that he mustered the Forces raised 
naTppS!'326. for the relief of Fort William Henry, from Post to Post till he 
arrived at Worcester, that on the 19*^ of the same Month he was 
ordered to reduse those Troops which he accordingly did and re- 
turned to Boston, that the time he was upon duty, and making out 
the musters was full two months, his Secretary one month and his 
Servant two months, and that in the Service aforesaid he was at 
great expence, for which he never received anything Praying an 
Allowance. 



[4th Sess.] Province Laws {Resolves, etc.). — 1761-62. 205 

Read and 

Ordered that the Sum of Sixty pounds eighteen Shillings be paid 
out of the publick Treasury in full for his own His Son's and Ser- 
vant's time and expences as set forth in the Petition. [Passed 
April 23. 

CHAPTER 467. 

VOTE IMPOWERING SUSANNAH POPE, GUARDIAN, TO SELL A MINORS 
INTEREST IN REAL ESTATE AND MAKING PROVISION IN REGARD TO 
THE PROCEEDS. 

A Petition of Reliance Pope, Widow and relict of Thomas Pope Legislative 
late of Dartmouth in the County of Bristol deceased, and Susanna councif xxiv^ 
Pope Widow and Relict of Benjamin Pope deceased; and the mother 36 3. 
and Guardian of Thomas Pope a minor and the only Surviving House Jour- 
Child of the said Benjamin Setting forth That the said Thomas provmcl^' 
Pope died Intestate, Seized and Possed ' of about One hundred acres \^^%q'' ^^^' 
of land, and left Four Daughters all married, that they with their 
Husbands incline to sell their interest in said Intestates Estate, that 
the said minor being the Eldest of either son or Grandson in the 
male line of the said Thomas Pope deceased is intitled to a double 
share, that the said Land is so very poor that if the said minors 
double share should be set off it would be unprofitable Praying that 
some person may be impowered to join with the said Daughters in 
behalf of said minor to sell the whole of said Land at once. 

[Read and] 

Voted That the Petitioner Susanna Pope Guardian to the said 
Thomas Pope the minor within mentioned be and she is hereby 
impowered to make Sale of the said Minors Share and Interest in 
the Real Estate within mentioned at Public Vendue for the most 
the same will fetch and to execute a proper Deed or Deeds of the 
same, she conforming to the Directions of the Law for the Sale of 
Real Estates by Executors & Administrators and giving Bond with 
Sureties to the Judge of Probate in the County of Bristol, for her 
faithfully improving the Proceeds of the said Sale for the best 
Advantage of the said minor and for her accounting with the Judge 
therefor when thereto required. [Passed April 23. 



CHAPTER 468. 

VOTE IMPOWERING THE COMMITTEE TO SELL LANDS IN WORCESTER 
COUNTY CALLED WACHUSETT HILL AND POTASH FARM (SO CALLED), 
&c. 

Whereas the general Court at their Last sessions appointed ^Ifordfof the 
Samuel Watts John Murray & Timothy Paine Esq''^ a Committee council, xxiv., 
To make Sale of Certain Lands in the County of Worcester. Called ^rchi^ves?" 
AYatchussett Hill, Potash Farm, &c &c and ordered that the Said xivi-, 456.' 
Lands Should be Sold at this Present sessions first being advertised House^Jour^^^ 
in all the Boston News Papers, the Sale of which Lands have not ^n<i^p._i39, 
Been advertised agreeable to Said Order "'^'^p- ^^^• 

Therefore 

Voted that the Said Committee be and they hereby are Impowered 

' Stc. 



206 



Province 'LkVf^ {Resolves, etc.). — 1761-62. [Chaps. 469, 470.] 



to Make Sale of Said Lands in the Town of Boston on the Second 
Thursday of the Next may sessions, they observeing Such Directions 
Eelateing to Said Sale as in Said order mentioned. \^Passed April 23. 



CHAPTER 469. 



Legislative 
Records of tiie 
Council, xxiv., 
364. 

House Jour- 
nal, pp. 324, 325. 
Province 
Laws, ii., 151, 
chap. 10. 



VOTE IMPOWERING MARY JOHNSON, ADM-^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Mary Johnson, Administratrix of the Estate of 
her Husband John Johnson late of Framingham deceased, Setting 
forth That the said deceased left the petitioner a Widow and Seven 
Children the most of them Small two under Seven Years of Age, 
with a small Estate both Eeal and personal appraised £248. that 
the debts due and owing from said Estate amounts to £100 that the 
Eeal Estate being very small and in such a situation that if only a 
part of said Land be sold sufficient to pay the debts the Eemainder 
will be of but little benefit to the heirs Praying Liberty to sell the 
whole of the said deceaseds Eeal Estate. 

[Eead and] 

Voted That the Prayer of this Petition be granted and that the 
Petitioner be and hereby is Impowered to make Sale of the Eeal 
Estate of the said John Johnson her late Husband deceased for the 
most the same will fetch and to Execute a Deed or Deeds of Con- 
veyance thereof; she first giving notice of the time and place of 
Sale agreeable to the Law respecting the Sale of Eeal Estates by 
Executors and Administrators, and also giving Caution to the Judge 
of Probate for the County of Middlesex that the proceeds of such 
Sale shall be duly applied; the Widow to have one third of the In- 
terest during her Life in Lieu of her Eight of Dower and at her 
decease to revert to the heirs at Law and the other two thirds to be 
divided among the heirs of said John as the Law directs after the 
Just debts of the deceased are paid. \^Passed A2}ril 23. 



CHAPTER 470. 



Legislative 
Kecordsof the 
Council, xxiv., 
365. 

House Jour- 
nal, p. 323. 



VOTE IMPOWERING OLIVER HOLT TO SELL AN INTEREST IN LAND. 

A Petition of Oliver Holt of Andover Setting forth Tliat 
Boanerges Eaymond of Beverly in the County of Essex died some 
Years since leaving his Estate Intestate, in consequence of which 
one third part of his Eeal Estate was set off to the Widow & the 
other two thirds was equally divided among his Children viz* Jere- 
miah, Eachel, Lydia, Jerusha and Eunice, that as the land divided 
among them, lays in several places it was rendred unfit for settle- 
ment, that since which, the Widow of the said deceased died which 
brings on a Division of her thirds among the heirs and so an addi- 
tional expence, that the three eldest Sisters have sold their parts 
of the whole and the fourth her part in the two thirds, but Eunice 
who is the AVife of the Petitioner is not of lawfull Age, to sell her 
part Praying liberty to sell the same, 

[Eead and] 



[4th Sess.] Provestce Laws {Resolves, etc.). — 1761-62. 207 

Voted that the Prayer of this Petition be so far granted that the 
Petitioners be and are hereby Impowered to make Sale of the In- 
terest of said Eunice in the Lands mentioned in said Petition and 
to Execute a Good Deed or Deeds in Law of the same. \^Passed 
Ajjril 28. 



CHAPTER 471. 

VOTE IMPOWERING MARY GORHAM, ADM^, TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Mary Gorham of Charlestown in the County of R|fords"o?the 
Middlesex Widow, Administratrix on the Estate of her late Hus- Council, xxi v., 

band Nathanael Gorham deceased Setting forth, That the whole ^^ 

of said Estate, both Real and personal is insufficient to pay the ^aTp!32T'^ 
debts of the said deceased, that the Petitioner hath represented £^o^i°^e ,.. 
the Insolvency of said Estate to the Judge of Probate for said chap.io.'' '^ ' 
County who has appointed Commissioners to receive and examine 
the Claims on the said Estate, That the personal Estate is not suffi- 
cient to discharge the Mortgages on the Real Estate, nor can she 
do it till she hath made Sale of the Real Estate Praying she may 
be impowered to sell the same. 

[Read and] 

Voted that the Prayer of this Petition be so far granted as that 
the Petitioner be and hereby is Impowered to make Sale of the 
deceaseds Real Estate for as much as the same will fetch and to 
Execute a Good Deed or Deeds in Law of the same, she observing 
the Directions of the Law relating to the Sale of Real Estates by 
Executors and Administrators, and to give sufficient caution to the 
Judge of Probate for the County of middlesex that the moneys 
arising by said Sale shall be applied to the payment of the Just 
debts of the deceased and the overplus (if any there be) be dis- 
tributed to the Widow and the heirs of the deceased according to 
Law, \^Passed April 23. 



CHAPTER 472. 



VOTE ALLOWING £25 TO ASA HILL. 



A Petition of Asa Hill of Shrewsbury Husbandman Setting Legislative 
forth That he was a Soldier in the Pay of the Province in 1760, ^S.xliv^. 
and was at the Seige and reduction of the French Fort on the ^^^j^^^fg^^- 
Isle aneux, where he received a wound by a Cannon Shot from ixxx., 149. 
the Enemy, which has rendered him uncapable of Labour Praying Mass. 
an allowance \^xxi^ul 

[Read and] naTpi'sTsai 

Voted that the Prayer of this Petition be So far Granted that ° 'PP- ' ' " 
their be granted and Paied to the Petitioner out of the publick 
Treasury the Sum of Twenty five pounds for his Sufferings and 
Expences mentioned in full. [Passed April 23. 



208 



Province Laws {Resolves^ etc.) . — 1761-62. [Chaps. 473-476.] 



Legislative 
Records of the 
Council, xxiv., 
367. Mass. 
Archives, 1., 
169. 

Legislative 
Records of the 
Council, xxiv., 
361,367. House 
Journal, 
pp. 3-26, 327. 
Province 
Laws, iv., 568, 
note. 



CHAPTER 473. 

VOTE CHOOSING JASPER MAUDUIT, ESQ«, AGENT AT COURT OF GREAT 

BRITAIN. 

The two Houses pursuant to Agreement proceeded to the choice 
of an Agent for the Province in Great Britain, by joint Ballot : upon 
sorting & counting the Votes it appeared that Jasper Mauduit Esqr 
was chosen by a majority of the Votes. \^Passed April 28. 



CHAPTEE 474. 



ORDER ALLOWING £1. 16 TO JUDAH DELANO. 



Legislative 
Records of the 
Council, xxiv., 
367. Mass. 
Archives, 
lxxx.,152. 

Mass. 
Archives, 
Ixxx., 152. 
House Jour- 
nal, pp. 3'26, 327. 



A Petition of Judah Delano setting forth That his son Alpheus, 
was a Soldier in 1761, in Cap* Harris's Company and on his Voy- 
age home from Halifax was Cast away at Ipswich, and very much 
frozen Praying an allowance for his Expences 

Eead and 

Ordered that the Sum of one pound Sixteen Shillings be granted 
out of the publick Treasury to the Pef in full. \^Pa88ed April 28, 



CHAPTER 475. 

ORDER ALLOWING £1.16 TO AMAZIAH DELANO. 

Record"of the ^ PETITION of Amaziah Dclauo setting forth That his son 
Council, xxiv., Cornelius, was a Soldier in the Pay of the Province in 1761, and 
'■ ^^^' on his Voyage home from Halifax was Cast away at Ipswich where 
he lost all his Cloaths, and so much frozen, that he could not travel 
home on foot Praying an Allowance. 
Read and 

Ordered that the Sum of One pound Sixteen Shillings be granted 
out of the publick Treasury to the Pet"^ in full. \^Pa&sed April 23. 



Archives, 
Ixxx., 167. 

House Jour- 
nal, pp. 326, 327. 



CHAPTER 476 



ORDER ALLOWING £1. 16 TO ICH^* SIMMONS. 



Legislative 
Records of the 
Council, xxiv., 
368. Mass. 
Archives, 
Ixxx., 79. 

House Jour- 
nal, pp. 326, 327. 



A Petition of Ichabod Simmons Setting forth That his son 
Consider Simmons was a Soldier in Cap' Harris's Company in 1761 
and that on his return home he was cast away at Ipswich, and was 
so much frozen that he was not able to travel on foot Praying an 
Allowance. 

Read and 

Ordered that the Sum of One pound Sixteen Shillings be granted 
out of the publick Treasury to the Pef in full. \^Passed April 23. 



[4th Sess.] Province Laws {Resolves^ etc). — 1761-62. 209 



CHAPTER 477. 

ORDER ALLOWING £6. 5. 8 TO REUBEN KIMBELL. 

A Petition of Reuben Kimbell of Woburn Setting forth That Legislative 
he went as a Soldier in the late Expedition against Canada in ITGO, councif.xxiv^, 
that upon his return home he was taken Sick with the small Pox ^rcM^es*^' 
which put him to considerable expence Praying an allowance. ixxx., lee. 

Read and Mass. 

Ordered that the Sum of Six pounds five Shillings and eight pence b<;x^x.7i66. 
be paid out of the publick Treasury to James Fowle Esq"^ for the Ho"8eJour- 
Use of the Pet' in full. [Passed April 23. ""^ ' ^'' 



CHAPTER 478. 

ORDER IMPOWERING HANNAH TEMPLE, ADM-^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Hannah Temple of Acton Setting forth That Legislative 
she is constituted by the Judge of Probate for the County of mid- councn, xxiv., 
dlesex, Administratrix to the Estate of her late Husband Samuel ?^ 



Temple deceased, and that finding said Estate to be so much in ^^i^^^g^;^^" 
debt, and the Charges of maintaining her Children so great that Province 
she is necessitated to make Sale of the Estate her husband died ciiap!'io.'' ' 
possessed of Praying she may be impowered to sell the same. 

[Read and] 

Ordered that the Prayer of the said Petition be so far granted, 
as that the said Petitioner in her Capacity of Administratrix be and 
she hereby is Authorized and impowered to make Sale of the whole 
of the Real Estate mentioned in the said Petition for the most the 
same will sell for, and to make and execute a good Deed or Deeds 
of Sale in the Law for Conveying the same, she observing the direc- 
tions of the Law relating to the Sale of Real Estates by Executors 
and Administrators, and giving sufficient caution to the Judge of 
Probate for the County of middlesex, that the proceeds arising by 
said Sale be applied to the payment of the Just debts of the said 
deceased the Intestate and the remainder thereof, (if any be) be 
distributed according to Law. [Passed April 23. 



CHAPTER 479. 

ORDER ALLOWING £3. 6 TO JAMES MORGAN. 



A Petition of James morgan of Springfield Setting forth That Legisiative^^^ 
his Servant Ebenezer Bagg a Soldier in the Pay of the Province in council, xxiv., 
the Year 1760, on his return home was taken sick which put the ^rchwes?" 
Petitioner to great Charge and expence in getting of him home Pray- ixxx., les. 
ing an Allowance. Mass. 

-D„ 1 -I Archives, 

Read and ixxx., les. 

Ordered that the Sum of three pounds Six Shillings be paid to ^^^j^^® gg^g^'^- 
Josiah Dwight Esq"" for the Use of the Petitioner in full. [Passed 
April 23. 



210 



Province Laws {Resolves, e<c.). — 1761-62. [Chaps. 480-482.] 



CHAPTER 480. 



ORDER ALLOWING £20 TO W-^ BAKER. 



Legislative 
Records of the 
Council, xxiv., 
370. 

House Jour- 
nal, pp. 327, 328. 
Ante, p. 161, 
chap. 376. 



A Petition of William Baker, Doorkeeper to the Court Setting 
forth his extraordinary Service and Attendance in the present Con- 
juncture of Affairs, as well in the recess of the Court in notifying 
Councils, providing Expresses &c^ as during the Sessions of the 
same. And Praying an allowance. 

Eead and 

Ordered that the sum of twenty pounds be granted out of the 
Public Treasury to the Memorialist over and above the Grant already 
made him for his Services the current Year. \^Passed April 23. 



CHAPTER 481. 



ORDER INCREASING THE PAY OF THE MEMBERS OF THE GEN^- COURT. 



Legislative 
Records of the 
Council, xxiv., 
370. Mass. 
Archives, 1., 
166. 

House .Jour- 
nal, p. 291. 
Ante, p. 179, 
chap. 410. 



In the House of Rep'^«" 

In consideration of the extraordinary expence to which the Mem- 
bers of this Assembly have been subjected in the present Session 
that their pay should be increased. Therefore 

Ordered that the Sum of Six Shillings and four pence be allowed 
to each Member of His Maj*^ Council per Day for their attendance 
And that the Sum of five Shillings per Day be allowed to the Mem- 
bers of this House for their attendance in the present Session. And 
that the Rolls be made up accordingly 

In Council Read & Concur*^. [Passed April 23. 



CHAPTER 482. 



VOTE DIRECTING THE PROVINCE TREASURER TO PAY MARG^ UNCLES 
THE WAGES OF HER HUSBAND. 



Legislative 
Records of the 
Council, xxiv., 
371. Mass. 
Archives, 
Ixxx., 181. 

Mass. 
Archives, 
Ixxx., 181. 
House Jour- 
nal, pp. 327, 329. 



A Petition of Margaret Uncles of Marblehead Setting forth 
That her Husband Richard Uncles was a Soldier in Col° Saltonstalls 
Regiment in 1761, and at his discharge from said Service he designed 
to return home by the way of Albany, but not hearing from him 
since hath great cause to fear he is dead, that there is some Wages 
due to him as made up in Cap^ Carvers muster Roll. Praying she 
may be allowed to receive the same. 

[Read and] 

Voted that the Prayer of this Petition be Granted, And that the 
Treasurer pay the Money Petitioned for, to Jacob Fowle Esq^ for 
the Use of the Petitioner. [Passed April 24. 



[4th Sess.] Province Laws {Resolves, etc.). — 17(31-62. 211 



CHAPTER 483. 

ORDER ACCEPTING REPORT OF COMMITTEE ON THE PETITION OF 
DAVID MARSH & OTHERS IN REGARD TO TOWNSHIPS BETWEEN 
RIVERS PENOBSCOT & ST. CROIX. 

The Committee to whom was referred the petition of David Legislative 
Marsh and others for themselves and Associates to whom the six council, xxiv., 
Townships were Granted by this Court the 20* of February last Archives?' 
between the River Penobscot and S'' Croix, Report that it be a cxvii., ^m. 
direction to Samuel Livermore Esq'' appointed by this Court to Mass. 
Inspect the Survey of the twelve Townships Granted at or near cxviiiysli, 835. 
Penobscot; that the whole being first Surveyed, Marsh and his R|ford"ofthe 
Associates draw one half the same, and then the said marsh and Council, xxiv., 
his Associates, as well as the Proprietors of the other six Town- journai^'p.^si. 
ships mentioned in the Courts Grant draw among themselves no ^h!-? 1' 42v ^' 
preference to be given to either, and further after drawing the p. m, chap. 
Townships aforesaid m' Livermore be directed to view each of them, ^'^' 
and report the Circumstance of the Land whether Ponds Mountains 
or broken in order to the Courts making such allowance as they 
think proper, which is humbly Submitted 

(Signed) ^ order John Hill 

Read and Accepted and 

Ordei'ed That Samuel Livermore Esqr be instructed to follow the 
direction above mentioned in laying out the twelve Towns East of 
Penobscot. [Passed April 24. 



CHAPTEE 484. 

ORDER ACCEPTING REPORT OF COMMITTEE ON PETITION OF JACOB 
FOWLE, ESQ^ IN REGARD TO MINISTERIAL TAXES. 

A Petition of Jacob Fowle Esq' of Marblehead Setting forth R|fo^rds'of the 
That He owns and often dwells upon a Farm on the East side of council, xxiv., 
the first Parish in Lynn containing about 120 Acres and bordering ^"^' ^''^' — . 
upon Marblehead which has not paid any Taxes to said Parish for Archives xiv. 
fifteen Years past but to marblehead, but that since he hath pur- 262. House 
chased said Farm which is about six Years, He hath been taxed pp. 213, 329, 331. 
towards the ministerial Rate in said Parish. That the Farm is four 
miles distant from the Parish meeting house in Lynn, and but two 
and an half from Marblehead, And Praying that it may for the 
future be freed from ministerial Taxes in Lynn, and be annexed to 
Marblehead so far as concerns Parish Taxes. 

The Committee of both Houses to whom the consideration of the 
Petition of Jacob Fowle Esq"' was referred having heard the Peti- 
tioner in support of his Petition, as also Benjamin Newell Esq'" (on 
behalf of the Respondents) in opposition to it: are upon the whole 
of opinion that the Prayer of said Petition be granted, and that 
the Farm therein mentioned, be for the future exempted from 
Taxes for the support of the ministry in the Town of Lynn, and 
that it be subject to pay ministerial Taxes, in the Town of Marble- 
head only, which is humbly submitted, f» order 

(Signed) Rich" Cutt 

Read and Accepted. [Passed Ap7'il 24. 



212 



Province Laws {Resolves, etc.). — 1761-62. [Chaps. 485-488.] 



CHAPTER 485. 



ORDER ALLOWING £3 TO BENJ* WHITE. 



Legislative 
Records of the 
Council, xxiv., 
372. Mass. 
Archives, 
Ixxx., 193. 

Mass. 
Archives, 
Ixxx., 193. 
House Jour- 
nal, pp. 327, 330. 



A Petition of Benjamin White of Hannover Setting forth That 
he has for Years past taken care of and Provided for his uncle 
Thomas White late of Marshfield deceased, a Pensioner of this Prov- 
ince, and an old Soldier wounded in Queen Anns war who died at the 
Petitioners house, that the Expence for Doctors t& Funeral Charges 
amounted to Three pounds And Praying an allowance of the same. 

Eead and 

Ordered that the Sum of three pounds be paid out of the pub- 
lick Treasury to Ezekiel Turner Esq'' for the Use of the Pef in 
full for his Pension and expences mentioned. [Passed A2Jril 24. 



CHAPTER 486. 



ORDER ALLOWING £2. 8 TO JON^ RUSSELL. 



Legislative 
Records of the 
Council, xxiv., 
373. Mass. 
Archives, 
Ixxx., 162. 

Mass. 
Archives, 
Ixxx., 160. 
House Jour- 
nal, pp. 327, 330. 



A Petition of Jonathan Eussell of Sherburne Setting forth 

That his son John was a Soldier in the Year 1760 in Cap* William 
Jones's Company and after his return from Canada to Crown point 
was taken sick and died and lost his Gun and Cloaths Praying an 
allowance. 

Read and 

Ordered that the Sum of two pounds eight Shillings be paid out 
of the publick Treasury to the Pef in full for the Loss of his Gun 
and expences mentioned. [Passed April 24. 



CHAPTER 487. 



Legislative 
Records of the 
Council, xxiv., 
373. Mass. 
Archives, 
Ixxx., 192. 

House Jour- 
nal, pp. 326, 331. 
Ante, p. 75, 
chap. 183. 



RESOLVE ALLOWING £150 TO THO*' GOLDTHWAIT, ESQ". 

Resolved that the Sum of one hundred and fifty pounds be paid 
out of the publick Treasury to Thomas Goldthwaite Esq^ in full for 
going to New York to Settle an Affair with Sir Jefl:rey Amherst 
relative to the Troops and paying the billeting Money to the 

Soldiers and for his Assisting in raising the Levies, and for all other 
Services to this Day. [Passed J2)ril 24. 



CHAPTER 488. 



Legislative 
Records of the 
Council, xxiv., 
374. Mass. 
Archives, xiv., 
317. 

House Jour- 
nal, p. 331. 



VOTE ESTABLISHING THE PAY OF EACH CHAPLAIN FOR THE THREE 

REGIMENTS. 

Voted that there be an establishment for tliree Chaplains for y^ 
three Regimints raised by this Prov'^® for the service of of ' his Maj- 
esty this year & that they be allowed eight pounds ^ month each. 
[Passed April 24. 

1 Sic. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1761-62. 213 



CHAPTEE 489. 

ORDER GRANTING TO ANDREW M'^KENZIE LICENCE TO SELL STRONG 

DRINK. 

A Petition of Andrew M'^Kenzie of Dorchester. Setting forth glford^o/tiie 
That he has for some time had a Shop of dry and West India council, xxiv., 
Goods, which Shop Avas formerly Licensed to Eetail Spirituous ArchivesTcxx., 
Liquors, that if he could have a License to Eetail in said Shop it ^^^- 
would be a great Encouragement to his Manufactory of SnufE. Pray- Mass. 
ing the Court of General Sessions of the Peace for the County of 415. House ' '' 
Suffolk may be impowered to Grant him a License. pp^sa^'ssi, 332. 

Eead and 

Ordered that the Justices of the Gen' Sessions of the Peace for 
the County of Suffolk be allowed (if they see cause) at their next 
sitting to grant the Pef a Licence to retail strong Liquors in the 
Shop within mentioned He first obtaining the approbation of the 
Select Men of Dorchester for that purpose. 

The time for granting Licences being elapsed notwithstanding. 
[^Passed April 24. 



CHAPTER 490. 

ORDER ALLOWING £12. 16. 6 TO JANE WATKINS. 

A Petition of Jane Watkins Setting forth That her husband ^^^'^'^"'^f tjj 
Andrew Watkins was a Captain in his majesty's Service, Avhen council, xxiv., 
Oswego was taken, that the said Andrew was carried Captive to Archwes^^' 
Canada, and from thence to Old France, that during the time he ixxx., im. 
was in Canada he ransomed several of his Countrymen who were Mass. 
Prisoners there Praying an Allowance. ixxx^fgo. 

Eead and K'm" 

Ordered that the Sum of twelve pounds sixteen Shillings and 
Six pence be paid out of the publick Treasury to the Pef in full. 
[Passed April 34. 



CHAPTER 491. 

ORDER ALLOWING £8 TO JN" CONNELLY. 



A Petition of John Connelly Setting forth That he was taken Legislative 
in the Province Snow Prince of Wales and carried to France where councif, xxiv*, 
during a long Captivity he suffered great hardships. And Praying 377. Mass. 
an allowance ixvi., 199.' 

Eead and Mass. 

Ordered that there be granted and Allowed out of the Public ^^^i'^^ilg' 
Treasury to the Petitioner the sum of Eight pounds in full consid- House Jour- 
eration of his Captivity & Sufferings within mentioned. [Passed ^^ ' ^' 
Ajyril 24. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1762-63. 



[21S] 



LEGISLATIVE LIST 



1762-63. 



His Excellency FRANCIS BERNARD, 

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

ANDREW OLIVER, Esq., 

SECRETARY OF THE PROVINCE. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly 
called the Colony of the Massachusetts Bay ; 

Hon. Thomas HutchinsonN 



John Osborne 
Benjamin Lynde 
Samuel Danforth 
Samuel Watts 
John Chandler 
Andrew Oliver 
Isaac Royall 
John Erving 



James Bowdoin 
Thomas Hancock 
Thomas Hubbard 
Israel Williams 
>EsQRS. Harrison Gray 

John Choate 
James Russell 
Thomas Elucker 
Nathanael Ropes. 



■ESQRS. 



Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly 
called the Colony of Neiu Plymouth ; 



John Gushing 
George Leonard 



) -^ Gamaliel Bradford )_ 

f^^^^^- James Otis P^^^^' 



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

John Hill, Richard Cutt & Nathanael Sparhawk, Esqrs. 

Of the Inhabitants of or Projectors of Lands within the Territory lying 
hetioeen the River of Sagadahock & Nova Scotia ; 

William Brattle, Esq. 

* See Legislative Records of the Council, xxiv., 379-384. 
[217] 



218 Province IjASNs {Resolves, etc.). — 1762-63. [Representatives.] 

For the Province, at large : — 
Benjamin Lincoln & Peter Oliver, Esqrs. 



KEPRESENTATIVES OR DEPUTIES. 

May 26, 1762 to February 25, 1763. 
Mr. timothy RUGGLES, Esq., Speakek. 



County of Suffolk. 

Boston, . . . Royall Tyler, Esq., 
John Phillips, Esq., 
James Otis, Jr., Esq., 
Thomas Gushing, Esq. 

Roxhury, . . Joseph Williams, Esq. 

Dorchester, . . Capt. John Robinson. 

Milt07i, . . . Andrew Belcher, Esq. 

Braintree, . . Capt. Ebenezer Thayer, Jr. 

Weymouth, . . James Humphry, Esq. 

Hingham, . . Mr. Joshua Hearsey. 

Dedham, . . Nathaniel Sumner, Esq. 

Medjield, . . Mr. Eliakira Morse. 

Stoughton, . . Joseph Hewins, Esq. 

Wrentham, . . Capt. Timothy Metcalf. 

Chelsea, . . Thomas Goldthwait, Esq. 

Medway, . . Elisha Adams, Esq. 



County of Middlesex. 



Salem, . 

Danvers, 
Ipswich, 

Neicbury, 

Lynn, . 

Marblehead 

Andover, 

Beverly, 

Rotvley, . 

Salisbury, 

Haverhill, 

Olocester, 

Almsbury, 

Bradford, 

Boxford, 

Topsfield, 

Wenham, 



County of Essex. 

. Nathaniel Ropes,' Esq., 

William Brown, Esq. 
. Mr. Thomas Porter. 
. Samviel Rogers, Esq. 
. Joseph Gerrish, Jr., Esq., 

John Brown, Esq. 
. Benjamin Xewhall, Esq. 
. Jacob Fowle, Esq. 
. Joseph Frye, Esq. 
. Mr. Henry Herrick. 
. INIr. Thomas Lancaster. 
. Caleb Gushing, Esq. 
. Richard Saltonstall, Esq. 
. Thomas Saunders, Jr., Esq. 
. Jonathan Bagley, Esq. 
. Benjamm Milliken, Esq. 
. Aaron Wood, Esq. 
. Mr. Elijah Porter. 
. Capt. Nathaniel Brown. 



Cambridge, 

Charlestown, 

Woburn, 

Concord, . 

Reading, . 

Newton, 

Marlborough, 

Oroton, 

Shirley, 

Pex>x)errell, 

Watertown, 

Billerica, . 

Framingham, 

Lexington, 

Weston, 

Chelmsford, 

Maiden, 

Medford, . 

Westford, . 

Waltham, . 

Stow, . 



Andrew Bordman, Esq. 
Ezekiel Cheever, Esq. 
James Fowle, Esq. 
Charles Prescot, Esq. 
Ebenezer Nichols, Esq. 
Thomas Greenwood, Esq. 
JMr. Samuel AVitt. 

Capt. Abel Lawrence. 

. Mr. Daniel Whitney. 

. Capt. Enoch Kidder. 

. Joseph Buckminster, Esq. 

. William Reed, Esq. 

. Elisha Jones, Esq. 

. Samuel Stoddard, Esq. 

. Ezra Green, Esq. 

. Samuel Brooks, Esq. 

. Capt. Jonas Prescot. 

. Sam' Livermore, Esq. 

. Henry Gardner, Esq. 



County of Hampshike.^ 



Spri7igfield, . 

Northampton 
Southamp)to)i 
Hadley 
South Hadley 
Amherst 
Hatfield, . 
Deerfield j 

Greenfield i 

Westfield, . . 

County 

Worcester, . 
Lancaster, . 



John Worthington, Esq., 
Josiah Dwight, Esq. 
Timothy Dwight, Jr., 
Esq. 

Josiah Chauncy, Esq. 

Oliver Partridge, Esq. 
Mr. Jonathan Ashley, Jr. 
Eldad Taylor, Esq. 

OF Worcester. 
Timothy Paine, Esq. 
Mr. David Wilder. 



* Andrew Oliver, Jr., Esq., appointed Representative from Salem, June 9, 1762, in place of Nathaniel 
Ropes now of his Majesty's Council. — -House Journal, p. 06, 1762-63. 

- The House Journal, p. 38, gives the name of Major John Ashley elected Representative for the towns 
of Sheffield, Great Barrmgton and Egremont. 



[Representatives.] Province IuXW^ {Resolves, etc.). — 1762-G3. 219 



County ok Worcester — Concluded. 



Leicester 
Spencer 
Mendon, 
Brookfield, 
Sutton, 

Rutland & Rut- 
land District, 
Slurbridge, 
Westborough, . 
Southborough, 
Uxbridge, . 
Hardwicke, 

Luneiiburgh, . 



> Capt. John Brown. 

. Capt. Pliineas Loveit. 
. Jedediah Foster, Esq. 
. Capt. Henry King. 

? John Murray, Esq. 

. Moses Marcy, Esq. 
. Mr. Francis Whipple. 
. Ezra Taylor, Esq. 
. Capt. Solomon Wood. 
. Hon. Timothy Ruggles, 

Esq., Speaker. 
. Edward Hartwell, Esq. 



County 



Plymouth, . 
Sciluate, 
Marshfield, 
Duxborough, 
Bridgwater, 
Middleborough 
Rochester, . 
Plipnjjton, . 
Pembroke, . 
Kingston, . 
Abington, . 

Hanoever, . 



OF Plymouth. 
Thomas Foster, Esq. 
Thomas Clapp, Esq. 
John Winslow, Esq. 
Briggs Alden, Esq. 
Daniel Howard, Esq. 
Capt. Ebenezer Sprout. 
Xathaniel Ruggles, Esq. 
Capt. John Bradford. 
Josiah Keen, Esq. 
Capt. Robert Bradford. 
Capt. Woodbridge 

Brown. 
David Stookl)ridge, Esq. 



CoLT^TY OF Barnstable. 

Barnstable, . . James Otis, Esq. 
Sandwich, . . Mr. StejDhen Nye. 



County of Barnstable — Concluded. 
Eastham, . . Capt. Solomon Pepper. 
Harwich, . . Mr. Chillingworth Fos- 
ter, Jr. 
Falmouth, . . Mr. Daniel Butler. 

County of Bristol. 

Taunton, . . . James Williams, Esq. 

Rehobolh, . . . Aaron Kingsley, Esq. 

Norton, . . . Thomas Morey, Esq. 

Swanzey, . . Jerathmeel Bowers, Esq. 

Dartmouth, . . Mr. Walter Spooner. 

Attleborotigh, . Stephen Fuller, Esq. 

Dighton, . . . Mr. Ebenezer Stutson. 

Freetown, . . Thomas Gilbert, Esq. 

County of York. 
York, .... John Bradbury, Esq. 
Kittery, . . . James Gowen, Esq. 
Wells, . . . Joseph Sawyer, Esq. 
Berwick, . . . Benjamin Chadburne, 

Esq. 
Bideford, . . . Samuel Jordan, Esq. 

County of Cumberland. 
Falmouth, . . Francis Waldo, Esq. 

In the County of Nantucket. 
Sherburne, . . Abishai Folger, Esq. 

County of Berkshire. 

Stockbridge, . Timotliy Woodbridge, 

Esq. 
Tyringham, . . Capt. John Chadwick. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-sixth Day of May, A.D. 1762. 



CHAPTER 1. 

ORDER ALLOWING THE ACCOUNT OF THE TRUSTEES OF THE HASSA- 

NAMISCO INDIANS. 

An Account of John Chandler Esq'' and Others, Trustees ap- Legislative 
pointed by the General Court to receive the interest money arising councif xxiv^ 
on the Sale of the Hassanamisco Indian's Lands amounting to 38t. Mass. 
1,7446^44 oz: of Silver, and to distribute the same among the xxxuCloe. 
Indian Proprietors. ^^^^^ 

Read and xxxH^^loe 

Ordered that the within Account be allowed and that the Trus- House Jour, 
tees within named be further Accountable for the sum of Nine proVmce' 
pence Interest Money in their hands. \^Passed May 31. Laws, xvi., 241, 



CHAPTER 2. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EX- 
CISE ON TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF HAMP- 
SHIRE AND ALLOWING 18/ FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the duties of Excise on Legislative 
Tea, Coffee and China Ware in the County of Hampshire the last counc'if.xiiv^, 
Year made report that they had sold the same to M'' Daniel Jones 389. Mass. 
for Thirty two pounds lawful money and had taken sufficient Bond 432? ^^^^'^^'^•' 
for the payment of the same and lodged it with the Province Treas- Mass. 
urer. And pray allowance of their charge in the Affair Eighteen ^^'''^House^^'' 

shillings. journal, p. 15. 

Read and ^ ^^^' 

Ordered that this report be accepted and that the Sum of Eighteen 

Shillings be allowed the Committee for their Service and Expence 

in the Affair. \^Passed May 31. 

[221] 



chap. 139. 



222 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 3,4.] 



CHAPTEE 3. 



RESOLVE IMPOWERING RICH» FLAGG, GUARDIAN, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
390. 

House Jour- 
nal, pp. 21, 22. 
Province 
Laws, li., 151, 
chap. 10. 



A Petition of Eichard Flagg Guardian of William Flagg of 
Holden, a person Non compos Setting forth That the said Wil- 
liams Estate lying in Holden was apprized at £334 and the per- 
sonal Estate at £28.2.6. That he hath a Wife and five Children, the 
eldest about nine years of age, and that he is in debt about £53 
That it must be greatly detrimental to the Estate to sell it by piece 
meal as there shall be occasion. And Praying that he may be im- 
powered to make Sale of the whole for the payment of the debts 
and support of the Family. 

[Read and] 

Resolved That tlie prayer of this Petition be so far granted as 
that the Petitioner in his capacity as Guardian be, and he hereby 
is impowered to make sale of the Eeal Estate within mentioned for 
the most the same will fetch and to execute a good deed or deeds 
of the same to the purchaser or purchasers, the said Guardian ob- 
serving the directions of the Law relating to the Sale of Eeal Estates 
by Executors & Administrators and giving sufficient caution to the 
Judge of Probates for the County of Worcester to apply the proceeds 
of said Sale towards paying the Debts of the said Noncompos and 
for the future support of him and his Family. [^Passed June 1. 



CHAPTER 4. 



RESOLVE IMPOWERING DANIEL DANA AND SARAH WELD, ADMINISTRA- 
TORS, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv. 
392. 

House Jour- 
nal, p. 25. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Daniel Dana of Brooklyn and Sarah Weld of 
Eoxbury Administrators of the Estate of Edward Weld late of 
Eoxbury deceased Intestate and Guardians of the said deceaseds 
Children Setting forth That the said Edward Weld died siezed 
of a certain interest in housing and Lands in Eoxbury Brooklyn 
and Newtown there being about fifty Acres of land more or less, 
all which lyes in common with Lands of David Weld, and the Chil- 
dren being Girls, all under the age of 4 years and unable to fence 
the same, it is like to be of very little profit to them. And Praying 
That they may be impowered to make sale of the deceaseds interest 
in the said Estate. 

[Eead and] 

Resolved That the prayer of the Petition be granted: and that the 
Petitioners be, and hereby are impowered to make sale of the within 
mentioned Premises for the most they will fetch, and to make and 
execute a good and sufficient deed or deeds thereof in the law; they 
observing the directions of the Law for the sale of Eeal Estates, and 
giving sufficient caution to the Judge of Probate for the County of 
Suffolk that the proceeds coming by such Sale shall be improved for 
the benefit of the heirs of the withinnamed Edward Weld according 
to Law. \^Passed June 1. 



[1st Sess.] Province Ijawi^ {Resolves, etc.). — 1762-63. 223 



CHAPTER 5. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE 
ON TEA, COFFEE, AND CHINA WARE FOR THE COUNTY OF WORCES- 
TER AND ALLOWING £1. 2 FOR THE EXPENSE THEREOF. 

The Committee appointed to Farm out the duties of Excise on Legislative 
Tea Coffee and China Ware in the County of Worcester reported councff xliv ^ 
that they had sold the same to William Jenison for Thirty eight 392^ 



pounds and taken his Bond with Sureties for payment thereof which House Jour- 
they had delivered to the Province Treasurer: And praying allow- ^lte,'-^.'m, 
ance of the charge attending the Sale. '^'^''^p- i*^. 

Eead and Accepted : and 

Ordered That the Sum of One pound two shillings be allow'd out 
of the Public Treasury to the Committee for their Service in the 
Affair. \^Passed June 1. 



CHAPTER 6. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF WORCESTER 

COUNTY. 

An Account of Gardner Chandler Esq"" County Treasurer for Legislative 
Worcester County was presented to the Court for Allowance, dated councif xiiv^ 
AVorcester May 1762. 393. 

Read and House Jour- 

Ordered That the within Account be allowed, and that the Treas- °*'' ^^' ^^' ^^' 
urer be discharged the Sum of Two hundred and Thirty pounds one 
shilling and six pence half penny. And that the Treasurer be fur- 
ther accountable to said County for the ballance, being two hun- 
dred thirty eight pounds, two shillings and six pence farthing: as 
also for the Taxes laid on the Town of Woodstock since the Year 
1748 still outstanding when he receives the same. \^Passed June 1. 



CHAPTER 7. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH 

COUNTY. 

An Account of John Cotton Esq'' Treasurer of the County of i''^'^^^*^^! .u 
Plymouth to Aj)ril 1762 was presented to the Court for allowance, council, xxiv.. 

Read and ^^ 

Ordered That the within Account be allowed, and that the within- na^i'^ppf^s^Jg. 
named Treasurer be discharged the Sum of One hundred and one 
pounds eleven shillings. And that the said Treasurer be further 
accountable to said County for the ballance being forty six pounds, 
eight shillings and eight pence. \_Passed June 1. 



224 



Province Laws {Resolves, etc.) . — 1762-63. [Chaps. 8, 9.] 



CHAPTER 8. 



VOTE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxiv., 
394. 

Mass. 
Archives, 
Ixxx., 228. 
House Jour- 
nal, pp. '22, 23. 



The House considered the Petitions of Sick and Wounded Sol- 
diers, and thereupon the following Votes passed viz* To 
James Gowen Esq"" £4.16 for the use of Moses Wittum in full. 
To Benjamin Chadbourn Esq' 1.16 to each one of the Petitioners 
Inhabitants of Berwick in full. To Benjamin Chadburn Esq'' for 
the use of Alexander Pray and Joseph Welch £1.16 to each in full. 
To Cap* John Brown of Leicester £4.11.4 for the use of Oliver 
Seager in full. To Benjamin Chadburn Esq"" £2.8 for the use of 
John Welch in full. To Edward Hartwell Esq' £2.10.4 for the use 
of Martha Jewet in full. To Benjamin Milliken Esq' £1.12/ for 
the use of Edward Cheney in full. To Edward Hartwell Esq' £2 
for the use of David Carlile in full. To Timothy Paine Esq' £5 for 
the use of Jacob Cummings in full. To M' Thomas Porter £7 for 
the use of Thomas Fuller in full. To Cap* Ebenezer Sprout £2.4.8 
for the use of Jabez Vaughan in full. To Cap* Woodbridge Brown 
£1.6 for the use of George Askin in full. To John Bradbury Esq' 
£3 for the use of Nathanael Ramsdale in full. To James Gowen 
Esq' £1.16 for the use of Nathanael Clarke in full. To James Gowen 
Esq"^ £6 for the use of Gatensby Wittum in full. \^Passed June 1. 



CHAPTER 9. 



ORDER DIRECTING THE COMMITTEE ON WESTERN LANDS TO RESERVE 
250 ACRES NOW IN THE POSSESSION OF JOHN BOLTON. 



Legislative 
Records of the 
Council, xxiv., 
396. 

House Jour- 
nal, pp.200, 268, 
440 (December, 
1757); pp. 17, 27, 
30. Province 
Laws, xii., 361, 
chap. 2. Ante, 
p. 148, chap. 
347. 



A Petition of John Bolton living on the Branches of Westfield 
River Setting forth, That in the Year 1736 the Great and Gen- 
eral Court made a Grant of 200 Acres of Land in the Township 
of Methuen to Cap* John Foot of Amsbury, who soon after sold 
the same : that upon running the Lines between this Province and 
New Hampshire 127 Acres of the said Land, purchased by the Peti- 
tioner fell within the Bounds of New Hampshire, and that in the 
Year 1757 he petitioned the General Court for relief, and was then 
encouraged by a Committee of the Court to be relieved, but nothing 
was done. And Praying that the case may be now considered. 

[Read and] 

Ordered That the Committee for the Sale of Lands at the West- 
ward be directed to except 250 Acres of Land now in possession of 
John Bolton and joining to his House, and that the same be reserved 
for the further order of this Court. \^Passed June 2. 



[1st Sess.] Province Laws {Resolves, etc.). — 1762-63. 225 

CHAPTEK 10. 

ORDER ALLOWING £1,000 TO THE STOCKBRtDGE INDIANS. 

A Petition of Konkopot and Others, Indians, Inhabitants of Legislative 
Stockbridge Setting forth That they are the Descendants of Indians council^, xxivf, 
who were the Ancient and original Owners of and Inhabitants of ^^"' ^'^^' 



the Lands lying in the AVestern parts of this Province, and that B|ford"of the 
they are allowed by all the Indian Nations to be right owners of Council, xxiv., 
the Lands in these parts as far as a Eiver called by the English, jounm?, p^p. le, 
Westfield River, and that neither they nor their Ancestors have p^ovince^^' 
been ever at war Avith the English or dispossessed of the said Lands. Laws, iv., 699, 
That they have been always faithful to the English and lost many 354' ctop.'eer' 
brave men in their Wars; yet the Government have granted away i^ll'^^^^^' 
several large Tracts of their Lands, against which they have for- 
merly remonstrated, but have never obtained redress altho' a Com- 
mittee was sent to Stockbridge on that Affair, and another Committee 
was sent to meet the Indians upon it at Sheffield about seven Years 
since, from whom they received assurances that they should be paid 
for their Lands; but nothing has been ever done upon it, and now 
they are informed that all their Lands in the Western parts of the 
Province are ordered by the Government to be sold; against which 
they must in justice to themselves and their posterity put in a Caveat 
altho' : they are well satisfied that some English Subjects who have 
made agreements with them for some of their Lands should con- 
tinue thereon, yet they hope that none of their Rights shall be 
forced from them; and pray that this Court would stay the Pro- 
ceedings as to the Sale of their Lands, and that the Memorialists 
may be heard by some of themselves whom they have sent on that 
business viz* Caj^tain Jacob Cheeksaunkun and Johannes Mtohksin. 

[Read and] 

Ordered That the sum of One thousand pounds as mentioned in 
the ReiJort of the Committee upon the Petition of the Stockbridge 
Indians be granted and paid out of the Public Treasury into the 
hands of a proper Committee hereafter to be chosen by this Court 
for the use of the said Stockbridge Indians to be applied as shall 
appear to such Committee to be equitable. Provided That before 
the payment of said sum by the Treasurer he shall take bond from 
the same Committee conditioned for the faithful discharge of their 
Trust, and to be accountable to the satisfaction of the General 
Court for the same. Provided also that before the payment of said 
sum, the said Indians shall release all Claim to any of the Lands 
of the Province to which they pretend a Title, as also to any Lands 
which have been granted by the Province, Grants to themselves 
excepted. And that the Committee of this Court appointed to make 
Sale of the Lands in the Western parts of the Province proceed as 
ordered. \_Passed June 2. 



226 



Province Laws {Resolves, etc.). — 1762-G3. [Chaps. 11, 12.] 



CHAPTER 11. 



ORDER CONFIRMING A GRANT OF 1,176 ACRES OF EQUIVALENT LAND TO 
THE TOWN OF HATFIELD. 



Legislative 
Records of the 
Council, xxiv., 
397. 

House Jour- 
nal, p. 3-2. 
Ante, p. 107, 
chap. 251. 



A Plan of the Survey of a Tract of Land granted by the Gen- 
eral Court on the 26 of January last as an Equivalent for 1170 
Acres part of their Township which in the Year 1737, was returned 
and confirmed as a part of New Hingham; was laid before the Court 
for their confirmation, which said Grant is laid out on Hoosuck 
River North of New Framingham and adjoining to the Line of the 
Township of New Framingham, containing the like quantity of 
1,176 Acres. 

Eead and 

Ordered That the Lands herein delineated and described be and 
hereby are confirmed to the Town of Hatfield. Provided the Plan 
exceeds not the quantity of the Grant and does not interfere with 
any former Grant. [^Passed June 3. 



CHAPTEE 12. 



Legislative 
Records of the 
Council, xxiv., 

398. 

Mass. 
Archives, 
Ixxviii., "250; 
Ixxx., 150, 171, 
172, 174, 175, 194, 
195, 196, 205, 206, 
208, 209, 216, 220, 
225. House 
Journal, p. 33. 



VOTE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

The House passed the following Votes upon the Petitions of sick 
and wounded Soldiers, viz' To M' Thomas Porter the sum of One 
pound sixteen shillings for the use of Israel Wilkins in full. To 
Benjamin Milliken Esq"" the sum of One pound, nineteen shillings 
and four pence for the use of Henry Sergeant in full. To Elisha 
Jones Esq^ the Sum of two pound 13/8 for the use of Henry Spring 
in full. To Stephen Fuller Esq'' the sum of Two pounds 12/, for 
the use of Rachel Stearnes, exclusive of the Doctors bill, in full. 
To Oliver Partridge Esq"" the sum of Four pounds six shillings for 
the use of Patrick Prebble in full. To Oliver Fletcher Esq'' the 
Sum of three pounds 12/ for the use of Josiah Parkhurst in full. 
To Benjamin Milliken Esq"" the Sum of One pound ten shillings 
for the use of Hezekiah Marsh in full. To Nathanael Ruggles Esq"" 
the sum of Four pounds, sixteen shillings for the use of Nathanael 
Freeman in full. To M'' Chillingworth Foster the sum of Two 
pounds, sixteen shillings for the use of Nathan Foster in full. To 
Charles Prescott Esq'' the Sum of one pound four shillings for the 
use of James Perry in full. To John Warren the Sum of One pound 
sixteen shillings in full. To John Bradbury Esq'' the Sum of Six 
pounds and ten pence for the use of Thomas Cook in full. To Charles 
Prescot Esq'' the sum of One pound for the use of William Wheeler 
in full. To Thomas Greenwood Esq'' the sum of Three pounds for 
the use of Josiah Seager in full. To Cap* Abel Lawrence the sum 
of Two pounds for the use of Thomas Farwell in full. To Cap' Abel 
Lawrence for the use of David and Daniel Farwell the sum of Two 
130unds five shillings to each of them in full. \^Passed June 3. 



[1st Sess.] Province Laws {Resolves, etc.). — 1762-63. 227 



CHAPTEE 13. 

VOTE RE-ANNEXING SERG^ SMITH WITH HIS ESTATE TO THE SECOND 
PARISH IN NEWBURY. 

A Petition of Sergeant Smith Setting forth That some years Legislative 
since the Petitioner was upon his Petition then preferred to the oou^icif xxiv^ 
General Court set off from the second to the fourth Parish in New- 39«- 
bury for his better accomodation in attending the Publick Worship: House Jour, 
that since that time the second Parish Meeting House hath been province' 
removed, whereby he is better accomodated than in the 4"" Parish, ^tfap%i7^''^^'' 
And Praying that he and his Estate may be reannexed to the said 
S'^ Parish. 

Read and 

Voted That the Prayer of this Petition be granted ; and that the 
Petitioner and his Estate be set off from the fourth Parish and 
rejoined to the second Parish in Newbury, there to receive privi- 
ledge and do duty for the future. [^Passed June 3. 



CHAPTER 14. 

ORDER IMPOWERING EBENEZER DAVISON, SAMUEL EAMES AND ELKA- 
NAH DAY, GUARDIANS, TO SELL LAND AND MAKING PROVISION IN 
REGARD TO THE PROCEEDS. 

A Petition of Ebenezer Davison, Guardian of Moses Corbin a Legislative 
Minor, Samuel Eames, Guardian of Asa Corbin, Elkanah Day Guar- ^^"^"^f, .^*J^®, 
dian of Mary Day his daughter, the said Minors being Children and 4oi. 
Grand children of James Corbin late of Dudley deceased Setting House Jour- 
forth That in the division of the said deceaseds Estate there was province 
set off to each of the said Minors 12 Acres and 107 rod of Land in J^faT'io'' ^''^' 
Dudley being about 170 Rods in length and about 11 Rods wide 
which requires a great deal of fencing, and when fenced would not 
rent for more than twenty shillings ^ Annum. And Praying that 
they may be impowered to sell the same for the benefit of the said 
minors. 

[Read and] 

Ordered That the Prayer of the Petition be so far granted as the 
Petitioners in their capacity of Guardians be and they hereby are 
impowered to make sale of the Land mentioned in said Petition 
for the most the same will sell for, and to make and execute a good 
deed or deeds of Sale in law for conveying the same, they observ- 
ing the directions of the Law relating to the Sale of Real Estate 
by Executors and Administrators, and giving sufficient caution to 
the Judge of Probate for the County of Worcester that the money 
arising by said Sale be put out at Interest for the benefit and ad- 
vantage of the said minors. \Passed June 4. 



228 



Province Laws (^Resolves, etc.) . — 1762-63. [Chaps. 15-17.] 



CHAPTER 15. 



ORDER ALLOWING £L 17. 8 TO DAY" STICKNEY. 



Legislative 
Records of the 
Council, xxiv., 
401. Maes. 
Archives, 
Ixxx., 224. 

Mass. 
Archives, 
Ixxx., 223. 
House Jour- 
nal, pp. 36, 37. 



A Petition of David Stickney of Rowley Setting forth That 
he served as a Soldier in the Pay of the Province in 1758, under 
Cap* George, who in making up his Roll, by mistake made up the 
Petitioner twenty one days short of the time he served. And Pray- 
ing an Allowance. 

Read and 

Ordered that the sum of One pound seventeen shillings and eight 
pence be paid out of the publick Treasury to M"" Thomas Lancaster 
for the Use of the Pef He being made up that Sum Short in the 
Muster roll. [^Passed June 4. 



CHAPTER 16. 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 

COUNTY. 



Legislative 
Records of the 
Council, xxiv., 
402. 

House Jour- 
nal, pp. 13, 35. 



An Account of John Choate Esq' Treasurer of the County of 
Essex to 1 April 1762, having been laid before the Court for their 
Allowance. 

Read and 

Ordered That the within Account be allowed: and that the Treas- 
urer be discharged of the sum of One hundred and forty one pounds 
ten shillings and nine pence half peny. And that the said Treasurer 
be further accountable to said County for the ballance of the within 
Account being Ninety four pounds and eight pence. \^Passed June 4. 



CHAPTER 17. 



ORDER ALLOWING £3 TO BENJ^ BAILEY. 



Legislative 
Records of the 
Council, xxiv., 
402. Mass. 
Archives, 
Ixxx., 158. 

Mass. 
Archives, 
Ixxx., 158. 
House Jour- 
nal, pp. 14, 36, 



A Petition of Benjamin Bailey Setting forth That he served 
as a Soldier in the Pay of the Province in 1758 in Cap' Herricks 
Company; and that by mistake he is made up about two Months 
short of the time he served. And Praying an Allowance. 

Read and 

Ordered that the Sum of three pounds ' be paid out of the pub- 
lick Treasury to M"" Elisha Porter for the Use of the Pef it appear- 
ing that He was made up that sum short in the Muster roll. [Passed 
June 4. 

' The House Journal, p. 36, reads, £3. 6. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1762-63. 229 



CHAPTER 18. 

ORDER IMPOWERING ABNER STETSON, GUARDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Abner Stetson of Scituate Guardian to Lilies Legislative 
Stetson and Lucinda Stetson Minors, Daughters of Joshua Stetson councif xxiv^ 
late of Hannover deceased Setting forth That the whole of said 402. 
minors Estate consists of about seventeen Acres of dormant Land House Jour- 
which is in debt about twenty pounds : And Praying leave to sell ^^^' ^' ^^' 
the same for payment of the debts the Overplus to be improved 
for the benefit of the said Minors. 

[Read and] 

Ordered That the Prayer of this Petition be so far granted as 
that the Petitioner in his capacity be, and he hereby is impowered 
to make sale of the seventeen Acres of Land in his Petition men- 
tioned for the most the same will fetch, and to make and execute 
a good deed or deeds of the same, he observing the direction of the 
Law relating to the sale of Real Estates by Executors and Admin" 
and give[ing] bond to the Judge of Probate for the County of Plym- 
outh that the proceeds arising by said Sale be applied for the pay- 
ment of the just debts due from said Minors, and that the remainder 
be put out on interest on good security for the benefit of said Minors. 
\^Passed June 4. 



CHAPTER 19. 

RESOLVE IMPOWERING PHILL: WARNER, ADMINISTRATOR, TO SELL 

REAL ESTATE. 

A Petition of Philemon Warner and others of Gloucester Set- Legislative 
ting forth That Josiah Jewit of said Gloucester died about four councif, xxiv!*, 

years since without Issue, leaving a Mother Mercy Fullerton and l*^i: 

five Brothers and Sisters, two of the whole and three of the half House Jour- 
blood. That the said Philemon has administred on the Estate, paid Province' 
the debts and the ballance of the personal Estate agreeable to the ^ifap!'io.'' ^^^' 
distribution made by the Judge of Probate for the County of Essex: 
that there remains a small Real Estate consisting of something less 
than half of a House, and a piece of Land in said Gloucester of 24 
feet front and 300 feet deep which is incapable of a division, and 
no one of the heirs will take the whole. And Praying that he may 
be impowered to sell the said Real Estate and distribute the pro- 
ceeds thereof among the proper heirs. 

[Read and] 

Resolved That the Prayer of the Petition be so far granted, as 
that Philemon Warner in his capacity of Administrator on the 
Estate of Josiah Jewit deceased be and hereby is authorised and 
impowered to make sale of the part of the House and Land men- 
tioned in the within Petition and to execute a good deed or deeds 
of the same, He observing the directions of the Law respecting the 
Sale of Real Estates by Executors and Administrators, and giving 
sufficient caution to the Judge of Probate for the County of Essex 
to account for the proceeds of said Sale according to the directions 
of the Law. [Passed June 4. 



230 



Province Laws {Resolves^ etc.). — 1762-63. [Chaps. 20-22.] 



Legislative 
Records of the 
Council, xxi v., 
403. 

House Jour- 
nal, p. 39. 



CHAPTER 20. 

70TES ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

The following Votes passed upon Petitions of Sick and wounded 
Soldiers viz* To Manasseh Divel £3.6 in full. To Charles Pres- 

cott Esquire £2.18 for the use of Kendall Bryant in full. To M"" 
Ebenezer Stetson £6 for the use of John Eeed in full. To Cap' Tim- 
othy Metcalf £2.15 for the use of Samuel Eay in full. To Thomas 
Morey Esq"" £1.14 for the use of John Caswell in full. To Cap' Tim- 
othy Metcalf £2.11 for the use of Samuel Hawes in full. To James 
Humphry Esq"^ £2 for the use of Elijah Gurney in full. [Passed 
June 4. 



CHAPTER 21. 



ORDER ALLOWING £2. 2 EACH TO SOL'^ AND SIMEON DOANE. 



Legislative 
Records of the 
Council, xxiv., 
404. Mass. 
Archives, 
Ixxx., 201. 

Mass. 
Archives, 
Ixxx., 201. 
House Jour- 
nal, pp. 27, 35. 
Province 
Laws, xvi.,307, 
chap. 240. 



A Petition of Solomon Doane and Simeon Doane of Eastham 
Setting forth That their two Sons Joseph Doane and John Doane 
having inlisted in the Service in the year 1758, reinlisted in the 
year 1759 Avhereby they were intitled to an extraordinary bounty, 
but thro' mistake of the Muster master they received only the ordi- 
nary Bounty. And Praying Relief. 

Read and 

Ordered that the Sum of two pounds two Shillings be paid out 
of the publick Treasury to Cap' Solomon Pepper for the Use of each 
one of the Petitioners in full. [Passed Jiune 4. 



CHAPTER 22. 



RESOLVE SETTING OFF DIVERS INHABITANTS OF SHREWSBURY WITH 
THEIR ESTATES TO THE TOWN OF WESTBOROUGH. 



Legislative 
Records of the 
Council, xxiv., 
404. 

House .Jour- 
nal, pp. 14, 37. 



A Petition of a number of the Inhabitants and Proprietors of 
the Southeasterly part of Shrewsbury Setting forth the great in- 
conveniences they labour under by their remoteness from the meet- 
ing house and from the Center of the Town. And Praying to be 
annexed to tlie Town of AVestborough, where they can be much 
better accommodated : to which the Town of Shrewsbury have sig- 
nified their consent upon certain Conditions. 

[Read and] 

Resolved That William Nurse, Eleazer Pratt, the Widow Sarah 
Smith, Daniel Nurse and the heirs of Reuben Maynard deceased 
all of Shrewsbury They together with their Families Lands and 
Estates, as also the land of Benjamin Fay, Jonathan Fay and Moses 
Nurse which lyeth in Shrewsbury aforesaid and containeth all that 
part of said Shrewsbury called the Shoe (except the Lands of Thomas 
Whitney) be and they liereby are set off from the said Town of 
Shrewsbury and annexed to the Town of Westborough there to do 
duty and receive priviledge for the future. Also further 

Resolved and it is hereby provided that agreeable to the Votes of 



[1st Sess.] Province Laws {Resolves, etc.). — 1762-63. 231 

said Town of Westborough, the said Town shall not be at any cost 
or charge in procuring a Road to the Public Worship for the Inhab- 
itants annexed as aforesaid ; nor shall the aforesaid Inhabitants be 
at any cost or charge to procure the Road laid out by the Court of 
Sessions thro the Land of Simeon Heywood in Westborough afore- 
said. [^Passed June 4. 



CHAPTER 23. 

RESOLVE WITH NOTICE IMPOWERING THE INHABITANTS OF TYRING- 
HAM TO LEVY AND COLLECT TAXES. 

A Petition of John Chadwick and Others a Committee of the Legislative 
Proprietors and Inhabitants of the Township heretofore called council^, xxiv!; 
Number one lately in the County of Hampshire, now in the County ^os. 
of Berkshire, and made a Town by the name of Tyringham Setting House Jour-^ 
forth. That the said Proprietors before the Town was incorporated, province' 
did at sundry times make Grants of money for the Support of the ^473^^7^'^^;'' 
Public Worship, and making Roads in said Place; but that there note, 
are certain delinquent Proprietors who think themselves freed from 
paying what they have been assessed, by the Act lately making them 
a Town. And Praying that they may be enabled to levy and collect 
the several sums heretofore granted by the Proprietors. Also pray- 
ing that the said Town of Tyringham may be authorised to raise 
money to defrey the necessary charges that have arisen in said Town- 
ship before it was incorporated, to be levied upon the Propriety 
agreeable to their former method of taxing. And further that such 
Proprietors as have neglected settling their Lands according to the 
tenor of the Grant may be compelled so to do, and that their Lands 
may be taxed in the mean time. 

[Read and] 

Rexolved That the Inhabitants of the Town of Tyringham in the 
County of Berkshire lately the Proprietors of the Township called 
Number One in said County be and they hereby are impowered to 
levy and collect all such Taxes as have already been granted and 
ordered by said Proprietors and assessed on their Lands in the same 
manner as by Law they might; and that the proper Officers for levy- 
ing and collecting the same have use and exercise all the same Power 
in levying and collecting thereof as they might, could or had by the 
Laws of this Province before their incorporation into a Town 

And that the Petitioners notify the Nonresident Proprietors of 
Lands in said Tyringham that they shew cause on the second Wednes- 
day of the next Session of this Court why their Lands should not be 
taxed towards defreying the necessary charges arising within the said 
Town until they settle the same and comply with the original Grant 
of said Township by inserting the substance of this Resolve in all 
the Boston Publick News Papers for three weeks successively, thirty 
days at least before the said day. [^Passed June 4. 



232 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 24, 25.] 



CHAPTER 24 



Legislative 
Records of the 
Council, xxiv., 
407. Mass. 
Archives, 
Ixxx., 217. 

Mass. 
Archives, 
Ixxx., 217. 
House Jour- 
nal, pp. 35, 44. 
Ante, p. 40, 
chap. 89. 



ORDER ALLOWING £37. 13. 6 TO SAM"- HARNDEN. 

A Memorial of Samuel Harnden of Woolwich in the County of 
Lincoln Gentleman Setting forth That in pursuance of a resolve 
of this Court of 20"" June 1761 He went to Canada for the recov- 
ery of sundry of his Grandchildren who had been carried thither 
into captivity, in doing which he spent 89 days time and £23.8.4 
money : which Memorial was accompanied with a Petition of Lazarus 
Noble Setting forth the said Harndens trouble and expence in 
recovering at the same time his daughter Eleanor Noble in which 
he expended £13.11.2. And both praying an Allowance to the said 
Harnden. 

Eead and 

Ordered that the Sum of thirty seven pounds thirteen Shillings 
and six pence be paid out of the publick Treasury to the Pef in 
full for his time Service and expence mentioned in his Petition and 
the Pet° of Lazarus Noble over and above Avhat He has already 
recieved out of the Treasury. [Passed June 5. 



CHAPTER 25. 



ORDER REVIVING THE PETITION OF BILDAD FOWLER IN REGARD TO 
EXCISE DUTIES ON RUM, AND RESOLVE DISCHARGING HIM FROM 
PAYMENT ON BOND. 



Legislative 
Records of the 
Council, xxiv., 
407. Mass. 
Archives, cxx., 
401. 

Mass. 

Archives, cxx., 
400. House 
Journal, p. 44. 
Province 
Lavrs, iv., 356, 
note. 



A Petition of Bildad Fowler of Westfield Setting forth That 
on the 10"" April 1759 He imported from Connecticutt One hogs- 
head of Kum and on the 2^^ of may following one other hogshead 
of Rum which he sold to two several Innholders in the County of 
Hampshire, and about the same time he imported three other hogs- 
heads of Rum which he likewise sold to two other Innholders in 
the said County, all which was contrary to Law, but not intended 
to defraud the Government of the Excise, inasmuch as the pur- 
chasers paid the same; and for which he is prosecuted by the Col- 
lector of Excise in the said County. And Praying that he may be 
discharged of the Penalties he has incurred thereby. 

Read and 

Ordered that the Pet'' be revived and It appearing the Duties of 
Excise upon the Liquors within mentioned have been duly paid 

Resolved that the petitioner be discharged from any payment on 
the Bond within mentioned so far as it may respect or Contain any 
fine or forfieture due to the Government. {^Passed June 5. 



[1st Sess.] Province Laws {Resolves, etc.). — 1762-63. 233 



CHAPTBK 26. 

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION 
FROM DISTRICT OF WESTMINSTER IN REGARD TO TAXES. 

A Petition of a Number of the Nonresident Proprietors of the Legislative 
District of Westminster, Setting forth That they have been at ^unctf xxiv® 
great expence in bringing forward the Settlement oi' the said place, ■^os- 
and that not long since on the Petition of a number of the Inhabi- House Jour-_ 
tants to the General Court there was a tax of one half peny an acre province^'*"' 
laid upon the Lands of the Nonresidents for four years, and it was ^ot'^.^^vi'^s'' 
then agreed that they should be then exempt from any further bur- chap. 51. 'Ante, 
dens. Notwithstanding which a Proprietors meeting was called and ^j^^'^^^^p- 
the Eesidents being a Majority, or near it, they laid a Tax of nine 
shillings or thereabouts on each Right, which the Petitioners appre- 
hending to be contrary to the agreement made before the General 
Courts Committee, they have declined paying; and their Lands are 
put upon sale for the jmyment of the said Tax. And Praying Relief. 

Read and 

Ordered That the Petitioners notify the Resident Proprietors of 
the within named District of this Petition by leaving a copy thereof 
with the Proprietors Clerk that they make answer thereto (if they 
see cause) on the second Wednesday of the next Sitting of this 
Court; and that all Proceedings of the Proprietor's Committee 
respecting the Sale of the Lands mentioned be stayed till the fur- 
ther order of this Court. \^Passed June 5. 



CHAPTEE 27. 

RESOLVE IMPOWERING THE COMMISSIONERS OF INSOLVENCY TO RE- 
CEIVE AND EXAMINE THE CLAIMS OF CHIPMAN COBB AND THOMAS 
PENNELL. 

A Petition of Chipman Cobb and Thomas Pinnel of Falmouth ^^^^jf"'.^ ^ 
Setting forth That upon their Petition to the General Court the council, xxiv., 

last Year, the said Court did viz' on the '^l'^' November last im- ^^ 

power the Judge of Probate for the County of York to direct and ^^^i"p®4^"^" 
order the Commissioners on the Claims of the Estate of Thomas ^«k p. 57, 
Westbrook Esq"" late of Falmouth deceased represented insolvent to '^ ^'^' 
receive and examine the Petitioners Claims thereon, and to make 
no distribution of the said Estate before they should report on said 
Claims provided it be done before the 1^' day of January then next 
after; but that thro some inadvertence of their Agent they were 
never informed of the said order 'till the time was elapsed And 
Praying for further time to exhibit their Claims. 

[Read and] 

Resolved That the Judge of Probate for the County of York be 
and hereby is impowered to direct the Commissioners on the Claims 
of the Estate of Thomas Westbrook late of Falmouth Esq"^ deceased 
represented insolvent to receive and examine the Claims of the Peti- 
tioners, on the Estate of said Westbrook and make report ; and that 
no distribution of the said Estate be had among the several Creditors 
of said Estate before said Report be made. Provided it be done before 
the first Monday in July next, and provided there be none already 
made. \^Passed June 5. 



234 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 28-30.] 



CHAPTER 28. 



RESOLVE DIRECTING THE PROVINCE TREASURER TO ISSUE A WAR- 
RANT TO JACOB COOPER TO COLLECT A TAX IN STOCKBRIDGE WITH 
STAY OF EXECUTION. 



Legislative 
RecordB of the 
Council, xxiv., 
409. 

House Jour- 
nal, pp. 43, 45. 
Province 
Laws, iv., 339, 
note. 



A Petition of Jacob Cooper of Stockbridge, Setting forth That 
He was chosen Constable in the said Town for the year 1759 and 
had the Province Rate for that year committed to him to collect; 
but never received any warrant from the Treasurer to enable him 
to collect the same : that he proceeded however to collect a part of 
the said Tax which has been paid to the Treasurer, and a j^art he 
could not collect for want of a Warrant; yet Execution is issued 
against him for the said Eates. And Praying that either the Force 
of said Execution may be prevented, or that he may be enabled to 
collect the said Eates. 

[Eead and] 

Resolved That the Treasurer be directed to give his Warrant to 
the Petitioner to enable him to collect the Tax, and that Execution 
be stayed four Months. \^Passed June 5. 



CHAPTER 29. 



RESOLVE REMITTING A FINE LEVIED AGAINST BARN* LOTHROP FOR 
SELLING STRONG DRINK. 



Legislative 
Records of the 
Council, xxiv., 
410. Mass. 
Archives, 
xliv., 513. 

Mass. 
Archives, 
xliv., 512. 
House Jour- 
nal, pp. 45, 46. 
Province 
Laws, iv.,547, 
note. 



A Petition of Barnabas Lothrop of Barnstable, Setting forth 
That as Underkeeper of his Majesty's Goal in the County of Barn- 
stable, he hath supplied the Prisoners and Persons who occasionally 
came to the Goal with strong Liquors in small quantities, not ap- 
prehending that he was in the Breach of the Law, as his Prede- 
cessors had usually done the same, and as he bought the said Liquors 
in small parcells of Persons who had paid the duties of Excise thereon. 
But that the Collector of Excise in the said County hath informed 
him that he is subject to the Penalty of the Law for his doings herein ; 
yet is willing considering the circumstances of his Case to remit his 
Share of the Fine. And Praying the like favour of the Government. 

[Eead and] 

Resolved that the prayer of the Petition be Granted and that the 
Province's part of the fine within mentioned be and hereby is re- 
mitted. [Passed June 5. 



CHAPTER 30. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY TO MARY HUB- 
BARD THE WAGES OF HER SON. 



Rlfordfof the ^ PETITION of Mary Hubbard of Topsfield Setting forth That 
Council, xxiv., her son John Hubbard a Minor inlisted the last Year as a Soldier 
ArchivesT* ^'^ Cap* Whitings Company, and was afterwards made up as a Ser- 
ixxx., 200. vant to one Ephraim Ingalls of Salem, when in fact he was not his 



[1st Sess.] Province Laws [Resolves, etc.). — 1762-63. 235 

Servant, nor dos the said Ingalls own him as such. And Praying Mass. 
That she may receive his AVages. bc^xxvfod. 

Eead and ^a^^Z/iTse 

Ord&red that the Treasurer be directed to to ' pay to M' Elijali ' ' '^'" ' 
Porter for the Use of the Pef the Wages due to her son John Hub- 
bard a Minor on Cap* Whitings Muster roll. [Passed June 8. 



CHAPTER 31. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE, AND CHINAWARE FOR THE COUNTY OF ESSEX AND 
ALLOWING £1. 10. 6 FOR THE EXPENSE THEREOF. 

The Committee appointed to Farm out the duties of Excise on Legislative 
Tea Coffee and China Ware in the County of Essex for the year councff, xx\ v^, 
1762 made report that they had sold the same to Jacob Ashton for 4i3. Mass. 
£1,741 for which they had taken his Bond with Sureties and deliv- iu{i)!^^'^^^'' 
ered the same to the Province Treasurer, And Praying Allowance House Jour- 
of their Charge thirty shillings and six pence. °'*i' *^',*^;:g 

Read and chap! 137. ' 

Ordered that the report be accepted and that the sum of One 
pound ten Shill^^ and Six pence be paid out of the publick Treas- 
ury to the Comm®'^ for their service and expence in this affair. 
[Passed June 8. 

CHAPTER 32. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF NANTUCKET 
AND ALLOWING £2. 12. 8 FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the duties of Excise on Legislative 
Tea Coffee and China Ware in the County of Nantucket made ^^Xtf, xllv^, 
report. That they had sold the same for the year 1761 to Tho* 4i3. 
Arthur for £28.6 and for the year 1762 to the said Thomas Arthur House . lour- 
for £26.13.4 and had lodged his Bonds for the same with the Prov- ^Muel'v^k, 
ince Treasurer. And Praying Allowance of their Charge Two pounds ^^^^p' '^^^^ 
twelve shillings and eight pence. 

Read and Accepted, And 

Ordered That the sum of Two pounds twelve shillings and eight 
pence be paid out of the Public Treasury to the Committee for their 
Service and Expence in the xiffair. [Passed June 8. 



CHAPTER 33. 

ORDER ALLOWING THE DISBURSEMENT ACCOUNT OF THE COMMISSARY 
GENERAL FROM MAY 26, 1761, TO MAY 26, 1762. 

Thomas Hubbard Esq'' Commissary General laid before the Legislative 
Court his Account of Disbursments from 26 May 1761 to 26"^ May councn', xliv^, 
1762 Amounting to £8,718.19.91/4 which had been previously ex- ^i^- 

1 Sic. 



236 



Province Laws (Resolves, etc.). — 1762-63. [Chaps. 34-36.] 



Legislative 
Records of the 
Council, xxiv., 
395. House 
Journal, p. 38. 



amined by the Committees of the two Houses respectively, where- 
upon the following Order passed the Court viz'^ 

Eead and 

Ordered That this Account be allowed, and that the sum of One 
hundred and sixty four pounds eight shillings and nine pence due 
to the Accountant from the Province be allowed him. \^Passed 
June 8. 



Legislative 
Records of the 
Council, xxiv., 
414. Mass. 
Archives, ('XX., 
4-24. 

Mass. 

Archives, cxx., 
4-23. House 
Journal, p. 38. 
Supra, chap. 
33. 



CHAPTEK 34. 

ORDER ALLOWING THE ACCOUNT OF INDIAN TRADE OF THE COMMIS- 
SARY GENERAL TO MAY 26, 1762. 

Thomas Hubbard Esq" Commissary General laid before the 
Court a State of the Account of Stock in his hands for the Indian 
Trade dated 26 May 1762, which Account had been previously ex- 
amined by Committees of the two Houses respectively; whereupon 
the following Order passed the Court. 

Read and 

Ordered that the above Account be allowed and that the Ballance 
thereof being One thousand and six pounds Seventeen Shillings 
and eight pence three farthings the above named Thomas Hubbard 
Esq'" is further accountable to the Province for. \_Passed June 8. 



Legislative 
Records of the 
Council, xxiv., 
414. 

House Jour- 
nal, pp. 37, 38. 
Supra, chap. 
34. 



CHAPTER 35. 

ORDER ALLOWING THE SPECIE ACCOUNT OF THE COMMISSARY GEN- 
ERAL TO MAY 26, 1762. 

Thomas Hubbard Esq'' Commissary General laid before the 
Court an Account of the several Species of Provisions by him 
purchased and issued dated 26 May 1762; which Account had 
been previously examined by Committees of the two Houses re- 
spectively, whereupon the following Order passed the Court Viz' 

Eead and 

Ordered That this Account be allowed : And that the Accountant 
be further accountable to the Province for Fifty five and half barrels 
of Pork, sixteen barrels of beef, two hundred and four bushels of 
Peas and eighty five Gallons of molosses. [Passed June 8. 



CHAPTER 36. 



Legislative 
Records of the 
Council, xxiv., 
417. Mass. 
Archives, 
Ixxx., 222. 

Mass. 
Archives, 
Ixxx., 221. 
House Jour- 
nal, pp. 40, 53. 



ORDER ALLOWING £30 TO ELD: TAYLOR, ESQ". 

A Petition of Eldad Taylor Esq"" Setting forth That in the 
year 1755 He was employed by the Government to purchase Cattle 
and Provisions for the Troops of this Province then designed against 
Crown Point, that he went into Connecticutt and having purchased 
the Provisions he took up Vessels to transport them to Albany, and 
also sent -40 yoke of Cattle thither, that the fatigue he underwent 
brought upon him a fit of sickness which confined him 16 Weeks 



[1st Sess.] Province Laws {Resolves, etc.). — 1762-63. 237 

to his room. And that he was also employed by the Government to Province 
go to view some Townships West of Sheffield, petitioned for by Jha^^llI■'^'^' 
divers Persons, and to see that Justice was done to the Indians: ;3|'c{^ia^'5f|' 
for all which he hath had no consideration except two pair of old 
worn-out Oxen sent to his care from Albany. And Praying an 
Allowance. 

Kead and 

Ordered that the sum of thirty pounds be granted and paid out 
of the publick Treasury to the Pef in full consideration for his 
services and sufferings within mentioned. \^Passed June 9. 



CHAPTER 37. 

ORDER ALLOWING £8 TO DEB'' BRISTOW. 



A Petition of Deborah Bristow Praying an Allowance for the Legislative 
Sufferings of her husband James Bristow a Soldier in the Pay of c^uneu^, xliv!; 
the Province who was captivated and carried to Canada when Fort 417. Mass. 
William Henry was taken. ixxx., 213. 

Eead and Mass. 

Ordered that the Sum of eight pounds be allowed and paid out J^'xx.%?3. 
of the publick Treasury to Roland Cotton Esq'' for the Use of the House Jour- 
Petitioner in full. [^Passed June 9. n ,p. . 



CHAPTER 38. 

RESOLVE IMPOWERING STEP^ AND ANNA MAYNARD, GUARDIAN, TO 
SELL REAL ESTATE. 

A Petition of Stephen Maynard of Westborough and Anna Legislative 
Maynard Guardian to the Children of Samuel Brigham jun^ (her counSxlK 
late Husband) late of Marlborough deceas'd Setting forth That ^lf;.y^^^^^\^^' 
the said Samuel Brigham died seised of one half part of a small 7 3L 
dwelling house one story high with two rooms and about four rods Mass. 
of land in said Marlborough and a Pew in the Meeting house there; ^^^'iI^ll.'^Hou^se 
that the said House is incumbered with partnership' and much out Journa^^p. 51. 
of repair, and the deceaseds son but five Years of age : And Pray- Laws, n., 151, 
ing leave to sell the said House and Land, and the Pew for the ^^^^^- ^"• 
benefit of the heirs of the deceased. 

[Read and] 

Resolved that the Prayer of this Petition be granted and that the 
Petitioners in their said Capacity be & are hereby fully authorized 
& impowered to make Sale of said Deceased, s ' real Estate mentioned 
in s^ Petition lying in Marlborough and to execute a good Deed or 
Deeds in Law of the same they first giving Publick Notice of the 
Time and Place of Such Sale as the Law directs and to account 
with the Judge of Probates for The County of middlesex for their 
Proceedings therin And to give Sufficient Caution to him accord- 
ingly. [Passed June 9. 

» Sic. 



238 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 39-41.] 



CHAPTER 39. 



RESOLVE CONSTRUING THE ORDER OF THE GENERAL COURT IN RE- 
GARD TO TAXES IN FIRST AND SECOND PARISHES IN DISTRICT OF 
SOUTH HADLEY. 



Legislative 
Records of the 
Council, xxiv., 
420. 

House Jour- 
nal, pp. 34, 52. 
Province 
Laws, iv., 1033, 
note. Ante, 
p. 154, chap. 
356. 



A Petition of Daniel Nash in behalf of the Inhabitants of the 
first Parish of South Hadley Praying some explanation of the 
Order of the General Court in February last for dividing them 
into two Parishes. 

The above Petition being read and considered. 

Resolved That all those Persons that belong to the first Parish in 
the District of South Hadley and have Lands under their own Im- 
provement in the Second Parish; all such Lands shall be rated or 
taxed to pay all Parish charges in the first Parish notwithstanding 
their lying within the Bounds of the Second Parish. And that all 
those Persons that belong to the second Parish in said District and 
have Lands under their own Improvement in the first Parish ; all 
such Lands shall be rated or taxed to pay all Parish Charges in the 
second Parish notwithstanding their lying within the Bounds of 
the first Parish. \^Passed June 9. 



CHAPTER 40. 



Legislative 
Records of the 
Council, xxiv., 
420. Mass. 
Archives, 
Ixxx., 215. 

Mass. 
Archives, 
Ixxx., 215. 
House Jour- 
nal, p. 55. 



ORDER ALLOWING 18/ TO LEM'- JACKSON. 

A Petition of Lemuel Jackson of Plymouth Setting forth That 
in the Year 1756 his Servant James Dyer a Soldier in the pay of the 
Province died at Worcester as he was proceeding to join the Army, 
and that a Stoppage is made in the Muster Boll for the Gun he 
carried with him. And Praying Relief. 

Eead and 

Ordered that the sum of eighteen Shillings be paid out of the 
publick Treasury to Thomas Foster Esq"" for the Use of the Pef in 
full. \Passed June 9. 



CHAPTER 41. 



ORDER ALLOWING £3 TO LEMUEL JENKINS. 



Legislative 
Records of the 
Council, xxiv., 
420. Mass. 
Archives, 
Ixxx., 237. 

House Jour- 
nal, p. 55. 



A Petition of Lemuel Jenkins of Newbury Setting forth That 
He was a Soldier in the pay of the Province in 1758, and that £d 
was deducted from his Wages for want of a Certificate of the return 
of his Gun, which he now produces ; And Praying an allowance of 
the said sum. 

Eead and 

Ordered that the sum of three pounds be paid out of the publick 
Treasury to Joseph Gerrish Esq'' for the Use of the Pef in full. 
[Passed June 9. 



[1st Sess.] Province Laws (Resolves, etc.). — 17(32-63. 239 



CHAPTEE 42. 

ORDER ALLOWING £3 TO ISR'' OMSTEAD. 

A Petition of Israel Omstead Setting forth That his Son Simon Legislative 
Omstead was a Soldier in the pay of the Province in Cap' Salah couneJi^ xxivf 
Barnards Company in 1760: And that he had twice allow'd for one 420. Mass. 
of the Kings Arms which he carried Avith him and had not returned, ixxxvllo. 
And Praying Relief. Mass ~ 

Read and it^!71;. 

Ordered that the sum of three pounds be paid out of the publick House Jour- 
Treasury to Joseph Williams Esq' for the Use of the within named "''•• i^- •''°- 
Israel Omstead in full. \^Passed June 9. 



CHAPTER 43. 

RESOLVE IMPOWERING DEB" HAYWARD, ADM^, TO SELL HER DOWER 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Deborah Hayward of Western, Widow and Ad- Legislative 
ministratrix of the Estate of Joseph Hayward deceased Setting council, xxiv., 

forth That out of the said deceaseds personal Estate she paid as ^ . 

she then supposed the deceaseds Just debts, and proceeded to the ^^°"ff 52°"*^ 
Settlement of the Real Estate so far as to have her Dower therein pVoviiice' 
set off to her, and the remainder settled on her eldest son; he chap^^o.■' ^^ ' 
becoming bound to the other Heirs for their proportions, and some 
of them have been accordingly paid off but so it is that there are 
debts yet remaining to the amount of £22. And Praying that she 
may be enabled to sell her Right of Dower or Thirds in the Estate 
aforesaid for the payment of the deceaseds debts. 

[Read and] 

Resolved That the Petitioner be impowered to make Sale of her 
Dower or Thirds within mentioned for the most the same will fetch 
and to execute a good deed or deeds thereof. She observing the direc- 
tions of the Law respecting the Sale of Real Estates by Executors 
and Administrators and giving sufficient caution to the Judge of 
Probate for the County of Worcester that the produce arising by 
said Sale shall be applied for the payment of the debts mentioned ; 
and the remainder, if any be, be put out to interest for her use 
during her natural Life and to the heirs after her decease. [Passed 
June 9. 



CHAPTER 44. 

ORDER ALLOWING £6 TO ZACH^ LUMBART. 

A Petition of Zacheus Lumbart of a place called Tarpaulin Cove Legislative 
in Chilmark Innholder, Setting forth That the said Cove being c^ouncu" xiiv"; 
a place much used by Whalemen and Coasters as a Harbour, he *?!•. .^ff^:^, 

II 1 • 1-1 T • 1 1 11 xi Archives, CXI., 

hath at his own expence built a Light house and kept the same m^ 

for three years past, the PeojDle of Nantucket only finding him Mass. 

Oil for the Light: that it hath already been a means of preserving ^26?^Hou8e''''' 



240 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 45, 46.] 



Journal, pp. 46, sundry Vessels ; and as his Undertaking is of public utility Praying 
an Allowance. 
Eead and 

Ordered that the sum of Six pounds be granted out of the pub- 
lick Treasury to the Pef further to enable him to keep up a Light 
in the House within mentioned. \^Passed June 9. 



Legislative 
Records of the 
Council, xxiv., 
421. 

Legislative 
Records of the 
Council, xxiii., 
553,695. House 
Journal, p. 56. 



CHAPTER 45. 

VOTE IMPOWERING JAPH'^ BICKNALL TO BRING FORWARD A WRIT OF 

REVIEW. 

A Petition of Japhet Bicknall of Attleborough Setting forth 
That in the Year 1761 He obtained an order of the General Court 
for a Writ of Eeview on a judgment of the Superior Court held 
at Taunton for the County of Bristol in October 1758 against him 
in favour of Josiah Draper. That he took out a Writ accordingly 
returnable at said Taunton Court in the year 1761; but that the 
same was abated, and altho' he offered to pay the adverse Party 
his Cost, he would not consent to have the Writ amended, whereby 
he is deprived of the equitable Eelief intended him by the Court. 
And Praying that he may be enabled to bring a new Writ of Eeview 
to the next Superior Court in Taunton and that the merits of the 
case may then be considered and determined. 

[Eead and] 

Voted That the Prayer of the within Petition be granted; and 
that the Petitioner Japhet Bicknal be accordingly enabled to bring 
and prosecute in the Superior Court of Judicature &g next to be 
held at Taunton in and for the County of Bristol another AVrit of 
Eeview of an Action of debt originally brought and prosecuted 
against him by Josiah Draper and tried upon a Writ of Eeview in 
the said Superior Court at Taunton aforesaid in October 1758: And 
the said Superior Court is hereby authorized thereupon to hear and 
determine the said Action in as full and ample manner and form 
as if no Writ of Eeview of the said Action had ever been brought 
or prosecuted, any Law to the contrary notwithstanding. [Passed 
June 9. 



CHAPTEE 46. 



RESOLVE ALLOWING £5 ANNUALLY TO BENJ^ CHUBB. 



Legislative 
Records of the 
Council, xxiv., 
422. Mass. 
Archives, 
Ixxx., 239. 



Archives, 
Ixxx., 238. 
House Jour- 
nal, pp. 57, 58. 



A Petition of Benjamin Chubb Setting forth That he hath 
been for divers years past a Soldier in the Pay of the Province and 
the last year served as such in CoP Thwings Eegiment at Halifax; 
in his passage from whence he was Shipwreckt in December last, 
and so frozen as to be obliged to have all his Toes cut off, whereby 
he is rendered unable to support himself and Family. And Praying 
Eelief 

[Eead and] 

Resolved, That the Prayer of the Petition be so far granted, as 
that there be allowed and paid out of the publick Treasury for the 
Use of the Petitioner, an annual Pension of Five Pounds, until the 



[1st Sess.] Province Laws (Besolves, etc.). — 1762-63. 241 

further Order of this Court, said Pension from Time to Time to be 
paid to the Overseers of the Poor of the Town of Boston, to be by 
them applied to the Use of the said Benjamin and his Family, accord- 
ing to their best Discretion. [Passed June 10. 



CHAPTER 47. 

RESOLVE ALLOWING £8 ANNUALLY TO GEO: CURTIS. 

A Petition of George Curtis Setting forth That in April 1761 Legislative 
the General Court was pleased to make him a Grant of £12 in con- cmmcif, xliv!, 
sideration of his Sufferings in the Service of the Government; which ^r"!!!^'"^^^' 
Allowance was so far from affording him an addequate relief that ixxx.^ns. 
he has been obliged to sell his small Inheritance, and being like to Maes, 
continue a Cripple, Praying for further Relief. 4!xx^Tf7 

[Read and] House Jour- 

Resolved. That the Prayer of this Petition be so far granted as Province 
that there be allowed and paid out of the Publick Treasury To the ^haT/'453^'''^^' 
Petitioner a Pension of Eight Pounds, annually dureing the Courts 
Pleasure to comence from y** 20'" of april 1761 being the Time when 
the grant in the within Petition mentioned was made him. [Passed 
June 10. 



CHAPTER 48 



RESOLVE GRANTING 2,000 ACRES OF LAND TO A. BELCHER, ESQ". 

A Petition of Andrew Belcher Esq' Representing to the Court Legislative 
the embarrassed Titles of sundry Tracts of Land heretofore granted councu^.xxiv.^ 

to his late Father Governor Belcher deceas'd and other Claims which ^^ 

he supposes his said Father had on the Province, as set forth in his House Jour- 
Petition entered the 17"" day of February last. And Praying a fur- !i«^eyp."i45, 
ther Allowance. '^'^^p- ^^i- 

The foregoing Petition of Andrew Belcher Esq'' being read and 
considered 

Resolved That the Prayer thereof be so far granted, as that there 
be and is hereby granted unto the Petitioner his heirs and Assigns 
forever, Two thousand acres of the unappropriated Lands of this 
Province to be laid out in four distinct Tracts by a Surveyor and 
Chainmen on Oath, and Plans thereof returned to this Court within 
twelve months for confirmation this to be in full satisfaction of the 
thousand Acres and the two hundred and fifteen Acres mentioned 
in said Petition now taken into the Government of New Hampshire 
by the late running of the Line between that Government and this 
Province, and in full satisfaction also of the great charge and ex- 
pence of defending the Provinces Title to the two Tracts of land 
granted to the late Governor Belcher deceased one lying in x\bing- 
ton and the other in Rehoboth, and in full satisfaction also of every 
other article mentioned in said Petition, excepting the Guns and 
their appurtenances which the Petitioner hath received full satis- 
faction for already. Provided the Petitioner do give a good Deed 
of Release and Quitclaim of the abovementioned Lands taken into 
New Hampshire as aforesaid, to this Province. [Passed June 10. 



242 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 49, 50.] 



CHAPTER 49 



Legislative 
Records of tlie 
Council, xxiv., 
424. Mass. 
Archives, 
Ixxx., -204. 

House Jour- 
nal, p. 58. 
Province 
Laws, XV., 62, 
chap. 142. 



RESOLVE GRANTING £4 ANNUALLY ADDITIONAL TO MOSES HOYT. 

A Petition of Moses Hoit of Newbury Setting forth That He 
was a Soldier in the pay of the Province at the Eeduction of Louis- 
bourg in 1T45, and was so disabled by a shot of the Enemys from 
supporting himself by his Labour that the General Court after mak- 
ing him sundry Grants at length settled upon him a Pension of Four 
pounds fj annum ; that one foot has been wasting ever since and is 
now intirely gone to the heel, and has been very painful and occa- 
sioned him considerable expence for Surgeons no longer ago than 
the last Winter, And Praying a further Allowance. 

Eead and 

Resolved that the Prayer of the Petition be So far Granted as 
that there be allowed & paid out of the publick Treasury to the 
Petitioner the Sum of four pounds pr annum (in addition to the 
four pounds already allowed him:) Dureing the pleasure of this 
Court the four pound added to Commence from the 10*^ of this 
Instant June. \^Passed June 10. 



Legislative 
Records of the 
Council, xxiv., 
425. Mass. 
Archives, 
cxvii., 872, 873. 

House Jour- 
nal, pp. 60, 61. 
Ante, p. 148, 
chap. 347; 
p. 224, chap. 9. 



CHAPTER 50. 

VOTE ACCEPTING REPORT OF COMMITTEE APPOINTED TO SELL NINE 
TOWNSHIPS IN THE COUNTIES OF HAMPSHIRE AND BERKSHIRE. 

The Committee appointed by the Great and General Court the 
17'^ day of February 1762 for selling nine Townships and ten thou- 
sand acres of the Province Lands lying in the Counties of Hamp- 
shire and Berkshire to such as would give most for the same on the 
Conditions mentioned in the Order aforesaid ; after giving publick 
notice of the time and place of Sale attended said Service at Bos- 
ton the 2*^ day of June Instant at the Royal Exchange Tavern in 
King Street and sold the same at publick vendue to the highest 
Bidder viz' 

N° 1. The Township called East Hoosuck of the Contents of six 
miles square exclusive of Grants already laid out to Nathan Jones 
of Weston for Three thousand and two hundred pounds and have 
received of him Twenty pounds Earnest money and taken Bonds 
of him together with Elisha Jones and John. Murray Esq" for Three 
thousand one hundred and eighty pounds. 

N° 2. A Township to contain the quantity of six miles square 
lying between Ashuelot Equivalent so called and the new Township 
called New Hingham to begin at the Northeast corner of said Ashue- 
lot Equivalent, and from thence on the Easterly side of said Equiva- 
lent Southerly six miles, and from thence to extend East twenty 
degrees South so far as to contain six miles square exclusive of 
Grants already laid out, to Elisha Jones Esq*^ for fourteen hundred 
and sixty pounds, and have received of him Twenty pounds and 
taken his Bond together with Oliver Partridge Esq'' for Fourteen 
hundred and Forty pounds. 

N° 3. A Township to contain the Quantity of six miles square 
lying between x\shuelot Equivalent so called and the New Town- 



[1st Sess.] Province Laws {Resolves, etc.). — 1762-63. 243 

ship called New Hingham, to bound Easterly on the Westerly line 
of the last mentioned Township to square off six miles from said 
given Line, to x\aron Willard Esq"" for eighteen hundred and sixty 
pounds, and have received of him Twenty pounds, and taken bond 
of said Willard together with John Worthington and Timothy D wight 
jun"" Esq''" for Eighteen hundred and forty pounds. 

N° 4 A Township lying East of New Framingham to begin at 
the Northeast Corner of New Framingham, thence Southerly on 
the Line of said Township until it meets with the Line of Ashue- 
lot Equivalent so called; thence in the line of said Equivalent to 
the Northeast corner thereof; thence East twenty degrees South so 
far as to make the Contents of six miles square, to Noah Nash for 
Fourteen hundred and thirty pounds, and have received of him 
twenty pounds and taken his Bond together with Oliver Partridge 
Thomas Morey, William Williams and Josiah Chauncy for Fourteen 
hundred and ten pounds. 

N" 5. Another Township to join West on the East line of the 
last mentioned Township lying East of new Framingham to extend 
East twenty degrees South to square off at Right angles to make 
the contents of six miles square, to John Cummings for eighteen 
hundred pounds, and have received of him twenty pounds and taken 
his bond together with Charles Frescot, Thomas Jones, Samuel Minot, 
Tilley Merrick, Thomas Barret and Samuel Farrer for seventeen hun- 
dred and eighty pounds. 

N" 6. A Township to begin at New Framingham Northeast corner, 
thence Northerly to East Hoosuck South line nine hundred and fifty 
rods West of East Hoosuck South east corner, thence easterly to the 
Southeast corner of said East Hoosuck, thence Northerly on the 
East Line of said East Hoosuck three miles one hundred and sev- 
enty rods, thence to extend twenty degrees South so far as to make 
the contents of six miles square, to Abel Lawrence for Thirteen hun- 
dred and fifty pounds, and have received of him Twenty pounds, 
and taken his Bond together with Charles Prescott Esq"" for Thir- 
teen hundred and thirty pounds. 

N° 7. A Township to adjoin West on the last mentioned Town- 
ship, which begins at New Framingham Northeast corner, from 
thence to square off at right angles so far as to make the contents 
of six miles square, to Moses Parsons for eight hundred and sev- 
enty five pounds, and have received of him Twenty pounds, and 
taken his Bond together with John Ashley and John Chadwick for 
Eight hundred and fifty five pounds. 

N° 8. A Township to begin at the South east corner of Pittsfield, 
thence to run South so far as the North Line of Stockbridge, from 
thence on a strait line to Stockbridge Northeast corner, thence to 
extend Westerly on Stockbridge line so far as to make the contents 
of six miles square exclusive of the Grants already laid out, to Josiah 
Dean for Two Thousand five hundred and fifty pounds, and have 
received of him twenty pounds and taken bond from him together 
with Asa Douglass, Timothy Holaboard, John Ashley, Elijah Wil- 
liams, Aaron Sheldon and John Chadwick for Two thousand five 
hundred and thirty pounds. 

N° 9. Another Township lying West of Southampton containing 
about twenty four thousand and seven hundred acres exclusive of 
Grants and of two hundred and fifty acres now in possession of John 
Bolton, and bounds North on New Hingham, and to run from the 
Southwest corner of said New Hingham to the Northeast corner of 



244 



Province Laws (^Resolves ,etc.). — 176 2-6 3 . [ Chaps .51,52.] 



N° 4, thence on the Line of said Number four to the South East 
corner of said N° 4, and from thence the same course to Blanford 
Line, then to bound South on Blanford and Westfield and East on 
Southampton, to William Williams Esq'' for Fifteen hundred pounds, 
who gave it up to John Chandler, John Murray Abijah Willard and 
Timothy Paine, from whom have received Twenty pounds and their 
Bonds for Fourteen hundred and eighty pounds. 

N° 10. A Tract of land bounded North on the Province Line 
East on land belonging to Mess" Green & Walker and Bulfinch, 
South partly on Charlemont to extend West to make the Contents 
of Ten Thousand Acres, to Cornelius Jones for Three hundred and 
eighty pounds, and have received of him Ten pounds and taken his 
Bond with John Chadwick for Three hundred and seventy pounds. 

Amounting in the whole to Sixteen thousand four hundred and 
five pounds; One hundred and ninety pounds whereof being received 
is with the Bonds amounting to sixteen thousand two hundred and 
fifteen pounds delivered to the Province Treasurer as p his receipt 
herewith. 

All which is humbly submitted in the name and by order of the 
Committee Tho^ Flucker. 

June 10: 1762. Eeceived the money and Bonds as above 

H. Gray Treas' 

Bead and Accepted. [Passed June 11. 



CHAPTER 51. 

RESOLVE AUGMENTING THE GRATUITY TO THE STOCKBRIDGE INDIANS 
TO £1,500 AND APPOINTING A COMMITTEE TO RECEIVE THE SAME. 



IiCgifllative 
Records of the 
Council, xxiv., 
430. Mass. 
Archives, 
xxxiii., 218. 

House Jour- 
nal, pp. 31, 61. 
Province 
Laws, iv., 700, 
note. Ante, 
p. 225, chap. 10. 



In the House of Eepresentatives 

Resolved that Eldad Taylor and Tim° Woodbridge Esq" with such 
as the Hon^'® Board shall Join be a Com'^* to receive out of the 
province Treasury the gratuity ordered the Stockbridge Indians on 
the second of June Instant and that the said sum be augmented 
to fifteen Hundred pounds in the whole & be Dispossed of Accord- 
ing to the directions of the order of this Court of the Said second 
of June & that any two of S'^ Com^*^® may receive the S** money 
Upon giving bond to the Treasurer for y® Same 

In Council Eead and Concurred and John Ashley Esqr is joined 
in the Affair. [Passed June 11. 



CHAPTER 52. 



RESOLVE APPOINTING CAPT. NATHANIEL DWIGHT TO SURVEY LANDS 
IN HAMPSHIRE AND BERKSHIRE COUNTIES. 



Legislative Qn A MoTiON made by several of the Purchasers of the Town- 

Councii.xxiv., ships and Tract of Land sold by order of this Court the 2'^ of June 

^ current, [ante., p. 242, chap. 50] 

House Jour- Resolved T\\2.i Cap' Nathanael Dwight of Belchertown be, and 

nal, p. 61. T T • • -\ 1 .1X1 1.1 • • 

Ante, p. 242, hereby is appointed to survey the said Lands, as also the remaining 

chap. 50. unappropriated Lands of the Province in the Counties of Hampshire 



[1st Sess.] Province Laws {Resolves, etc.). — 17(32-63. 245 

aud Berkshire and return a plan of the whole to this Court as soon 
as may be. And that the said Surveyor and the Chainman he may 
employ shall be under Oath for the faithful discharge of their 
Trust, \_Passed June 11. 



CHAPTER 53. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF HAMPSHIRE 

COUNTY. 

The Account of Edward Pynchon Treasurer for the County of ^^^i^^f^^^f,^ 
Hampshire, being laid before the Court for Allowance. Council, xxiv., 

[Read and] ^ 

Ordered That the Account be allowed; and that the Treasurer na°U)p."^i3^6i. 
be discharged of the Sum of Four hundred and two pounds twelve 
shillings; and that he be further accountable to said County for the 
ballance, being One hundred and four pounds two shillings and ten 
Ijence three farthings. [^Passed June 11. 



CHAPTER 54. 

ORDER ALLOWING £8 TO W THAYER. 



A Petition of William Thayer Setting forth That he lost his Legiaiative 
Leg in his majesty's Service in the year 1755 at the taking of Fort coundf xliv^ 
Cumberland, in consideration whereof this Court made him a grant 44s. Mass. 
in 1760; but as his health is so much impaired otherwise by reason ixxx.723i. 



of the Fatigues he then underwent, so that he is reduced to neces- Mass. 
sitous Circumstances, Praying for further Relief. hofx'ls^i 

Read and House jour- 

Ordered ih^^t the sum of Eight pounds be allowed the Pef in °^1'P-^'- 
full consideration for his services and sufferings within mentioned. 
{^Passed June 11.^ 



CHAPTER 5B. 

ORDER APPOINTING A COMMITTEE TO BURN GOVERNM'' SECURITIES. 

In Council Klfords^of the 

Ordered That John Osborne, Andrew Oliver, Thomas Hubbard, council, xxiv., 
and Tho« Flucker Esq'' with Such as the hon'''" House shall Join be ArchWesTciv., 

a Committee to repair to the Treasurers in the recess of the Court, '^ 

and take an Acco* of the Government Securities which he shall ^9"^f g^"^' 
have redeemed, and see them consumed to Ashes ; and make report ° • • • 
to this Court at their next Session. 
In the House of Rep'^'^' 

Read and Concurd and the Members of the Towns of Boston and 
Roxbury are Joyned in the Affair. [Passed June 12.'^ 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 15. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 11. 



246 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 56, 57.] 



CHAPTER 5Q. 



VOTE ACCEPTING REPORT OF COMMITTEE ON MESSAGE OF THE GOV- 
ERNOR RELATIVE TO NOVA SCOTIA BOUNDARY. 



Legislative 
Records of the 
Council, xxlv., 
432. Mass. 
Archives, v., 
468. 

Mass. 

Archives, v., 
467. Legisla- 
tive Records of 
the Council, 
xxiv., 411, 415. 
House Jour- 
nal, p. 313 
(April, 1762); 
Ijp. 48, 50, 69. 
Post, p. 252, 
chap. 68. 



The Committee upon his Excellency's Message to both Houses 
of the 8'^ Instant having considered the same beg leave to report. 

That the two Houses are extremely obliged to his Excellency for 
his great care and concern for the Provinces Rights Eastward and 
the method he hath proposed for securing them. 

Your committee apprehend no time ought to be lost in ascertain- 
ing their Right to that part of it lying between Penobscot and &*■ 
Croix, and therefore that Commissioners be now chosen and ap- 
pointed to take the necessary Surveys for that purpose: and the 
rather because there are aged Persons now living who are, and for 
a long time have been well acquainted with the River S*^ Croix, who 
undoubtedly will when upon the Spot ascertain the identity thereof. 
Provided nevertheless if agreeable to the proposal of this Court in 
April last then signified to the Government of Nova Scotia by his 
Excellency Governor Bernard, his Excellency shall on or before the 
l^*- of August next receive information from that Government that 
they have appointed Commissioners to join with ours to survey the 
Bay and River S*^ Croix in order to fix the Boundary between Us, 
that then our Commissioners join with theirs agreeable to the said 
Proposal and Vote of this Vote.' Your Committee humbly appre- 
hend that there ought to be an addition of one at least to the Com- 
missioners, any two to be a Quorum, and that provision be made to 
enable them to attend said service. 

(Signed) W Brattle ^ order 

Read and Accepted. \^Passecl June 12. 



CHAPTER 57. 



RESOLVE DESIRING THE GOVERNOR TO DIRECT THE COMMANDING 
OFFICERS OF REGIMENTS TO INQUIRE ABOUT THE CONDITION OF 
THE CLOTHING OF THE SOLDIERS THEREOF. 



Legislative 
Records of the 
Council, xxiv., 
433. 

Mass. 

Archives, ex., 
117,119. Legis- 
lative Records 
of the Council, 
xxiv., 429,4.31. 
House Jour, 
nal, pp. 63, 64, 
69. 



The Committee of the two Houses appointed on his Excellency's 
Message of the 11 Instant made report; which Report was read and 
not accepted, and in lieu thereof the following Order passed the 
Court Viz' 

[Read and] 

Resolved That his Excellency the Governor be desired to direct 
the Commanding Officer of each of the Regiments in the Pay of 
this Province to make inquiry into the state of the Cloathing in 
their respective Regiments, and when it is found necessary, to order 
the Sutlers to furnish such men with such necessaries as they want, 
at reasonable Rates to be approved of by his Excellency the Gov- 
ernor; and that the cost of such Cloathing be deducted out of the 
Pay of such Men. And in respect to such as are Servants or Minors, 
that the Cost be deducted out of the half of the Pay reserved for 
their respective Masters or Parents. [ Passed June 12. 

1 Sic. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1762-63. 247 



CHAPTER 58. 

ORDER ESTABLISHING THE PAY OF THE MEMBERS OF THE GREAT AND 

GENERAL COURT. 

In the House of Representatives Ji^^'®'?"^?., 

, '■ Records ot the 

liesolved. council, xxiv., 

That in Consideration of the Extraordinary Expence to which frcMvesTi., 
the Members of this Assembly have been subjected to in their present m. 
Session, that their Pay should be increased : Therefore House Jour- 

Ordered, That the sum of six Shillings & four Pence be allowed '^^^•p-^''- 
to Each Member of His Majesties Council per Diem for their Attend- 
ance and that the sum of five Shillings per Diem be allowed to the 
Memembers ' of this House for Their Attendance in the present 
Session ; and that the Eolls be made up accordingly 
In Council 

Eead & Concur'd. \^Passed June 12. 



CHAPTER 59. 

ORDER ALLOWING £28. 14. 5 TO AARON WILLARD. 

A Petition of Aaron Willard Setting forth That in the year Legislative 
1758 He received a Commission as Captain, and performed the councU'xxhr*!, 
duty of Captain in that years Campaign, receiving a wound in ^l^-^J^^l^- 
the service which has rendered him incapable of following his ixxx., 227. 
proper business ever since. That in the year 1760. He went into Mass. 
the Service again as Captain; but finds so much stopped on the ^^^x.^lle. 
Roll he then made up as to reduce him to Lieutenants Pay only in House Jour- 
the year 1758. And Praying that he may be allowed to receive his °^'PP- ' 
full Pay without any such deduction. 

Read & 

Ordered that the prayer of the petition be so far granted that 
there be allowed & paid out of the publick Treasury to the peti- 
tioner the sum of Twenty eight pounds fourteen shillings & five 
pence In full Consideration of his services & Sufferings within 
mentioned. \^Passed June 12. 



CHAPTER 60. 

RESOLVE ALLOWING THE ACCOUNT OF THE PROVINCE TREASURER 
FROM MAY 27, 1761, TO MAY 27, 1762 AND DISCHARGING HIM OF THE 
SUM OF £399,540. 2. 11. 

The SEVERAL Committees of the two Houses respectively to Legislative 
whom was referred the examination of the Accompts of Harrison council, xxiv., 
Gray Esq' Treas'" and receiver General of his Majesty's Revenues f^ 



within the Province of Massachusetts Bay in New England begin- ^|f*^r^|g"^f®ti,e 
ning 27 May 1761 and ending 26 May 1762 reported that they had council, xxiv., 
attended that Service and that upon examination they find them jo^n^i*, pp. 43, 

» Sic. ^' 



24:8 Province Laws {Resolves, etc.). — 1762-63. [Chap. 60.] 

right cast and well vouched, by which it Appears that the said 
Accomptant charges himself with the sum of £66,372.1.3 being 
so much due for outstanding debts as represented by his last Ac- 
compts; with the sum of £73,916.11.3 the ballance due from him 
by his last Accompt; with the sum of Seventy seven thousand two 
hundred sixty five pounds 16/1 a Tax laid on Polls and Estates in 
the year 1761; with the sum £209,865.12.6 borrowed of sundry 
Persons by virtue of several Acts of Government; with the sum 
of £106.13 received of Col" Jonathan Bagley being so much bounty 
money he received more than he disposed of; with £113.7.7 received 
of Cap' Blake, being the ballance in his hands of moneys he received 
of Col° Hunter, with the sum of £21.14 received of his honor Thomas 
Hutchinson Esq'' being what he received of Isaac Daiforn and Plais- 
teads Heirs on account of the £100,000 Loan With the sum of 
£15.16.8 received of Major Goldthwait for bounty he received more 
than he disposed of. With the sum of £124.11.8 received by virtue 
of an execution against David Gorham Esq'' for Lands sold Isaac 
Freeman Esq'' With the sum of £24 received of Cap* Farrington 
for Bounty he received in the year 1760 more than he disposed of. 
With the sum of £43,833 issued in Notes of the new form in ex- 
change for Notes of the old form. With the sum of £16,304.15.2 
received of the Collectors of Excise upon spirituous Liquors. With 
the sum of Nine hundred eighty nine pounds 8/9 received of the 
Farmers of Excise on Tea and China Ware. With the sum of Six- 
teen hundred seventy one pounds 19/2 received of several colonels 
of the militia, bounty money they received more than they disj)osed 
of. With the sum of £48 received of Cap* Howard, which was ad- 
vanced to him to victual a Scouting Company which was designed 
for Quebec. With the sum of £81,600 received of sundry Persons 
for Bills of Exchange drawn on M' Bollan, With the Sum of £37.8.6 
received of Timothy Paine Esq'' for the forfieture of a Eecognizance 
of Clerk Gibbs. With the sum of £15 received of Cap* Benjamin 
Hallowell a return of Bounty. With the sum of £7.8.10 received 
of Cap* Peter Parker the ballance of his Accompt. With the sum 
of £139.16.10 received of Cap* Goldthwait the ballance of billeting 
money, receiv'd of two Persons £18 Bounty money returned, with 
£12.14 for Tax on Casting Vessels, with £79.14.4 received for Fines, 
With £591.9 received of Cap' Thomas Goldthwait which he received 
of General Amherst. With the further sum of £136.9.3 received 
for Excise. With the sum of £3,320.12/ received of James Eussell 
Esq'' Commissioner of Impost Duties, amounting in the whole to 
Five hundred seventy six thousand six hundred and thirty one 
pounds nineteen shillings and ten pence 

That the said Accomptant discharges himself of sundry payments 
& disbursments by order of the Governor with advice of Council 
amounting to £112,159.6.9. By the redemption of Government 
Securities amounting to £277,704.4.7. By an abatement made upon 
several Towns £213.12.1. By 726.13.4 paid the Heirs of the honor- 
able Paul Mascareen in full of his Bond. By an abatement made on 
the Town of Rutland in the year 1760 £31.1.7. By £8,705.4.7 being 
one years interest paid on Government Securities, By £76,557.15.4 
outstanding Taxes due from the several Towns, which when received 
to be accountable for. By £100,534.1.7 ballance in hand further to 
account for: All which sums make Five hundred seventy six thou- 
sand six hundred thirty one pounds, nineteen shillings and ten 
pence. 



[1st Sess.] Province Laws {Resolves, etc.). — 1762-63. 249 

[Read and] 

Resolved That the Treasurer be, and he is hereby discharged of 
the several payments in the foregoing Account amounting to Three 
hundred ninety nine thousand five hundred and forty pounds, two 
shillings and eleven pence. And that he be further accountable for 
the sum of Seventy six thousand five hundred fifty seven pounds 
fifteen shillings and four pence outstanding Taxes due from the 
several Towns when receiv'd. And also for the further sum of One 
hundred thousand five hundred thirty four pounds one shilling and 
seven pence ballance in hand. All which sums make Five hundred 
seventy six thousand six hundred thirty one pounds nineteen shil- 
lings and ten pence. {^Passed June 12. 



CHAPTER 61. 

ORDER ALLOWING £2. 8. 4 TO GIDEON GARDNER. 

A Petition of Gideon Gardner of Boston, Innholder, Setting Legislative 
forth That on the first day of January last one Davis Rogers, a councif xxiv^ 
Private in the Pay of the Province, was taken sick of a Fever at his 437. Mass. 
house, and there remained ill 'till the 31^^ of the same Month month,' Archives, cxi., 
during which time he was supported at the expence of the Peti- njasg. ' 
tioner. And Praying Relief. ^/."^'X®®' '^^^■' 

Read and Journal, p. 66. 

Ordered that the Sum of two pounds eight Shillings and four 
pence be paid out of the publick Treasury to the Pef in full con- 
sideration of his Account annexed. \Passed June 12. 



CHAPTER 62. 

ORDER ALLOWING 40/ TO JOS: FORD. 



A Petition of Joseph Ford of Braintree Setting forth That he Legislative 
hath divers times been out in the public Service, and served tlie Records of the 

1 • /-< 1 mi • T-> • i J TX T p • 1 • (• Council, XXIV., 

last year m Col° ihwmgs Regiment at Haliiax, m his return irom 43s. Mass. 
whence he was twelve days at Sea in a very cold Season and had liis btxx.^s^os. 
feet so frozen that he was confined for 3 months afterwards and hath '^;[^_ 
finally lost a joint of his great Toe. And Praying Relief Archives^ 

Read and House Joiir- 

Ordered that the sum of forty Shillings be paid out of the publick "^^' ?• ^'• 
Treasury to the Pef in full. \^Passed Jttne 12. 



CHAPTER 63. 

ORDER ALLOWING £5. 0. 6 TO ED : PRENTICE. 

A Petition of Edward Prentice of Newton Setting forth That Legislative 
his Son William Prentice a Minor served the last year as a Soldier coiiricif, xxiv.**, 
in the Pay of the Province at Halifax, and in his return from thence ^^},^f^^^^- 
in December last had his feet froze and landing at cape cod was ixxx., 233. 

1 Sic. 



250 



Province Laws {Resolves, etc. ) . — 1762-63. [Ckaps. 64, 65.] 



Mass. 
Archives, 
Ixxx., 232. 
House Jour- 
nal, p. 66. 



taken sick at Harwich in his way home, and remained very weak for 
a long time after, which has put him to more than ten pounds ex- 
pence. And Praying an Allowance. 

Read and 

Ordered that the sum of five pounds and Six pence be paid out of 
the publick Treasury to Thomas Greenwood Esq"" for the Use of the 
Pet^ in full. [Passed June 12. 



Legislative 
Records of the 
Council, xxiv., 
438. Mass. 
Archives, 
Ixvi., 188. 

Mass. 
Archives, 
Ixvi., 186, 190. 
House Jour- 
nal, p. 69. 



CHAPTER 64. 

ORDER ALLOWING £76. 0. .3 TO ARCHIBALD SELMAN. 

A Memorial of Eobert Hooper Esq"" in behalf of a number of 
Inhabitants of Marblehead Setting forth That one of their Fish- 
ing Vessels being missing, and two Signals having been on the Isle 
of Sable in December 17G0, They by subscription fitted out a Schooner, 
Archibald Selman Master to go in quest of their Friends, who pro- 
ceeded to said Island accordingly where he discovered the Signals 
of People ashore, and with great difficulty landed, and took off 
twenty five men, mostly his majesty's regular Soldiers, and landed 
them at Halifax, where L*^ Colvil obliged him to return to the said 
Island and take off the rest, which he accordingly did and took oil:' 
46 more being all that remained alive and carried them to Halifax, 
eight of which People belonging to Ipswich he brought home and 
was paid for them, but has not been rewarded for his first Adventure. 
And as none of the Persons whom he brought off belonged to Mar- 
blehead, Praying for Relief from the Government. 

Read and 

Ordered that the Sum of Seventy Six pounds and three pence 
be paid out of the publick Treasury to Jacob Fowle Esq'' for the 
Use of Archibald Selman in full for the service within mentioned. 
[Passed June 12. 



CHAPTER 65 



Legislative 
Records of the 
Council, xxiv., 
439. 

Legislative 
Records of the 
Council, xxiv., 
2.i8. House 
Journal, 
pp.174, 17.5,184, 
246, 247 (Jan. 
uarv, 1762) ; 
p. 68. 



RESOLVE GRANTING £2,000 FOR A NEW BUILDING AT HARVARD COL- 
LEGE AND APPOINTING A COMMITTEE TO CARRY ON SAID WORK. 

In the House of Representatives; 

Resolved that there be built, and that the sum of Two thousand 
pounds be granted and paid out of the Public Treasury to a Com- 
mittee of this Court appointed to receive the same to be applied 
towards building a New College at Cambridge of the dimensions 
of Massachusetts Hall. Provided That the Workman contract and 
give security to build the same according to the Estimate offered 
the Court the last year; and that Royall Tyler, John Phillips, James 
Otis, Thomas Cushing and Andrew Boardman Esq""^ with Such as 
the honorable Board shall join be a Committee to carry the said 
Work into Execution. 

In Council Read and Concurred and Samuel Danforth, William 
Brattle, James Bowdoin, Thomas Hubbard and James Russell Esq'' 
are joined in the affair. [Passed June 12. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1762-63. 251 



CHAPTER QQ,. 

VOTE APPOINTING A COMMITTEE TO DETERMINE DAMAGE TO FRAME 
OF MEETING HOUSE IN DISTRICT OF SOUTH HADLEY. 

Voted That Josiah Dwight Esq'' Timothy Dwight Jun"' Esqr & Legislative 
Mr Ebenezer Hunt of Northampton be and they hereby are ap- coum-if, xxiv!', 
pointed a Comittee to Consider of and determine The Damage Archfverxiv. 
done by some of y® Inhabitants of y^ second parish in South Hadly 329. 
to the Frame of the Meeting House in s,^ District by Cutting down House jJour- 
Part Thereof which Damages this Court by their Vote of the 18**^ Province 
of February Last ordered to be determined by a Comitte of this Laws, iv., 1034, 

«' -^ Ante, p. 154, 

Court . chap. 356; 

And that the s^ Com^^^^ determine what sum shall be allowed to p- 23s, chap. 39. 
the s'^ Second Parish for their proportionate part of y® Old Meet- 
ing in s*^ District which by the Order afores*^ was to be determined 
by y® Same Comittee that should determine the Damages afores''. 
{^Passed June 12. 



CHAPTER 67. 

RESOLVE IMPOWERING ABNER AND MEHITABLE BROWN, GUARDIANS, 
TO SELL LAND AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 

A Petition of Abner Brown and Mehitable Brown of Brook- ^^sisiative 
field Guardians of John Russell, Solomon Russell, Mary Russell council, xxiv., 
and Absalom Russell, Children of John Russell late of Brimfield tlL 



deceased and minors Setting forth That the said Children have ^"I'^p*' 51°"^' 
two Tracts of Land, one in Brimfield of IGO Acres, and another Province 
in Hardwicke of 100 Acres; that the said deceaseds personal Estate chap^io.'' ^ ' 
was expended in paying his debts, and that he was under obligation 
to pay his mother twenty two shillings ^ annum. That the said 
mehitable, mother of the said Children hath been at expence in 
hitherto providing for them in their infancy; and that the Real 
Estate is continually impairing. And praying liberty to sell that 
part thereof lying in Hardwicke consisting of One hundred Acres, 
for the benefit of the said Children. 

[Read and] 

Resolved That the Petitioners in their capacity be, and they hereby 
are impowered to make sale of the Land within mentioned in the 
Town of Hardwicke for the most the same will fetch, and to exe- 
cute a good deed or deeds for the same, they observing the direc- 
tions of the Law respecting the Sale of Real Estates by Executors 
and Administrators and giving sufficient caution to the Judge of 
Probate for the County of Worcester that out of the interest aris- 
ing by the sale aforesaid they will pay the sum within mentioned 
annually so long as they shall be liable to pay it; and the principal 
and interest remaining be & remain for the benefit of the deceaseds 
Children agreeable to Law. [Passed Ju7ie 12. 



252 



Province Laws {Resolves, etc.). — 17(32-63. [Chaps. 68-70.] 



liegislative 
Records of the 
Council, xxiv., 
44-2. 

House Jour- 
nal, p. 70. 
Ante, p. 246, 
chap. 56. 



CHAPTER 68. 

VOTE APPOINTING A COMMISSIONER TO ESTABLISH THE BOUNDARY 
BETWEEN THIS GOVERNMENT AND NOVA SCOTIA. 

The two Houses having according to agreement come to the 
choice of a third Commissioner to Survey the Bay and Eiver of 
S' Croix in order to fix the boundary between this Government and 
that of Nova Scotia »&c^ It appeared upon sorting the Votes that 
John Winslow Esq'' was chosen by a majority of Votes. \^Passed 
June 12. 



CHAPTER 69. 



RESOLVE REMITTING PROVINCE PART OF EXCISE TAX TO ALLAN 

MALCOLM. 



Legislative 
Records of the 
Council, xxiv., 
447. Mass. 
Archives, cxx., 
426. 

Mass. 

Archives, cxx., 
42.1. House 
Journal, pp. 21, 
76. Province 
Laws, iv., 356, 
note. 



A Petition of Allan Malcolm of George Town Setting forth 
That some time the last Fall he inadvertently sold a barrel of Rum 
to an Innholder lawfully licensed, not knowing that he was in the 
breach of the Law for so doing. And Praying the compassionate 
consideration of the Court with regard to the Penalty of the Law 
which he hath thereby incurred. 

[Read and] 

Resolved That the Prayer of the Petition be so far granted & that 
that part of the Penalty which acrues to the Province from said 
Forfeiture be remitted to the Petitioner. [Passed June 12.^ 



CHAPTER 70. 



ORDER IMPOWERING DANIEL AND JOHN WOOD TO BRING FORWARD 
A WRIT OF REVIEW. 



Legislative 
Records of the 
Council, xxiv., 
245, 434. 

Legislative 
Records of the 
Council, xxiv., 
399. House 
Journal, 
pi>. 236, 237 
(February, 
1762) ; pp. 34, 
35,73. Prov- 
ince Laws, xi., 
423, chap. 41; 
p. 727, chap. 39. 



A Petition of Daniel Wood and John Wood, Setting forth That 
in 1657, the General Court made a Grant of 200 Acres of land now 
lying in Brimfield to one Richard Fellows, who in the year 1(360 
sold the same to Thomas Clark of Boston Merchant: That in the 
year 1729. the descendants of the said Thomas Clark viz* Lydia 
Hutchinson and Mary Wolcott petitioned the General Court that a 
Plan might be taken and the said Land confirmed to them, Avhich 
was accordingly done in 1733, and the said Hutchinson and AYolcott 
sold the same to the petitioners in 1733. That in the Year 1755 one 
Phineas Mirick having got into possession of the said Land, the 
Petitioners brought their Action of Ejectment against him, which 
was tried at the Inferior Court in Springfield in August 1756, and 
Judgment rendered for the Plaintiffs, from which Judgment the 
defendant appealed to the Superior Court in September then next; 
there the Appellees not being able to produce the original Deed 
from Fellows to Clark nor any copy thereof from any Records were 
stopped in the cause and obliged to give it up without argument or 
proof. That great inquiry was made among divers public Records 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is June 15. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1762-63. 253 

for a copy of said deed, which proved ineffectual 'till in 17(31 it was 
found Kecorded in the Eecords for the County of Suffolk, but the 
time limited by Law for bringing a Writ of KevieAV was then expired. 
And Praying liberty to bring forward such AVrit at the next Superior 
Court to be liolden in the County of Hampshire. 

[Read and] 

Ordered That the Report of the Committee thereon be accepted: 
And that the Petitioners be and they hereby are impowered to bring 
forward a Writ of Review of the Action in their Petition mentioned 
at the next Superior Court of Judicature »&c^ to be holden at Spring- 
field in the County of Hampshire. And the said Court are hereby 
impowered to hear and try the same upon the merits of the case, 
and make up Judgment and award execution thereon. Saving that 
if the Petitioners should prevail in reversing the last Judgment 
they shall recover only their own Cost of the two former Courts to 
be taxed in common form, and shall not be refunded by the Re- 
spondent the Cost recovered against them; which the Petitioners 
are willing to submit to, inasmuch as they did not find the evidence 
ujaon which they now depend i;ntil since the last tryal of the Action. 
[Passed June 14.^ 



CHAPTER 71. 

VOTE DIRECTING THE PROVINCE TREASURER TO DELIVER TO ROYALL 
TYLER, ESQB, A BILL OF EXCH'^ TO PURCHASE NAILS, GLASS AND 
OTHER MATERIAL FOR THE NEW COLLEGE BUILDING. 

Voted that the Treasurer pay & deliver to Royal Tyler Esqr the Legislative 
further sum of Five hundred pounds sterling in Bills of Exchange councff xxiv*^ 
drawn on ye Province Agent to be applied by the sd Royal Tyler Esq'' 442. Mass. 
towards purchasing from England Nails Glass and other materials ivifi.,^474.' 
for the building ye new CoUedge in Cambridge which materials the House Jour 
sd Royal Tyler Esq' has generously offered to procure for ye prov- ^^^^/'/too 
ince free from any advance or profit. [Passed June 14. chap'. 65." 



CHAPTER 72. 

ORDER IMPOWERING SARAH SHATTUCK. ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Shattuck of Montague in the County of ^Ifords^of the 
Hampshire Administratrix of the Estate of Samuel Shattuck of said council, xxiv., 

Montague deceased Intestate Setting forth That the deceaseds per- *^ 

sonal Estate is not sufficient by £51.-. 93.4 for the payment of his S.'irp^vr'"" 
debts ; That the Real Estate consists of one entire Tract of 124 Acres Province 
with Buildings thereon apprized at £208 most of which Land has chap. 10.'' 
never been brought under any improvement. And as it would greatly 
endamage the Estate to sell off a part. Praying that She may have 
liberty to make Sale of the whole, She to be accountable. 

Read and 

Ordered That the prayer of the Petition be granted ; and that the 
Petitioner be and hereby is impowered in her capacity to make sale 

* This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 12. 



254 



Province Ijaws (Besoh-es, etc.) . — 17(i2-63. [Chaps. 73, 74.] 



of the whole of the Farm of Land within mentioned and Buildings 
thereon for the most the same will fetch and to execute a good and 
sufficient deed or deeds of conveyance thereof in the law, She observ- 
ing the directions of the Law respecting the Sale of Real Estates by 
Executors and x\dministrators. She giving sufficient caution to the 
Judge of Probate for the County of Hampshire that the proceeds 
of such Sale shall be duly applyed in the first place to discharge 
the deceaseds just debts, and tlie Widow to have one third of the 
remainder during her Life in lieu of her Dower, and at her decease 
to revert to the Heirs at law and the other two thirds to be divided 
among the heirs as the Law directs. [Passed June 14. 



CHAPTER 73. 

ORDER REFERRING THE PETITION FROM TOWNSHIP NUMBER 4 IX 
REGARD TO TAXES. 



Legislative 
Kecords of the 
Council, xxlv., 
443. 

House Jour- 
nal, p. 69. 
Province 
Laws, iv., 693, 
note. 



A Petition of Eldad Taylor Esq' in behalf of the Inhabitants of 
the Township Number 4, in the County of Berkshire Setting forth 
That there hath been by Law assessed upon the said Inhabitants the 
sum of £55.6.3 which amounts to 21i/j'^ on the pound besides what 
the Polls Pay, which is a burden they cannot support under, consid- 
ering that they had been there but little more than four years when 
the Tax was laid, during which time they have been a great part 
employed in making and cleaning Roads not only through their 
own Town but through the Country to Blanford, that they have 
also built a Meeting House and settled a minister altho they consist 
but of Thirty one Families and forty four Polls. And Praying for 
Relief. 

Read and 

Ordered That the consideration of this Petition be referred 'till 
the next Sitting of this Court ; and that the Petitioner print the 
substance thereof in one of the Boston News Papers three weeks 
successively, that so the delinquent Proprietors may shew cause (if 
any they have) on tlie second AV^ednesday of the next Sitting of this 
Court why the prayer thereof should not be granted so far as it 
respects them. And that the Assessments upon the within mentioned 
Plantation be suspended in the mean time. \Passed June 14. 



CHAPTER 74. 

RESOLVE IMPOWERING CONSTANT SOUTHWORTH, GUARDIAN, TO SELL 
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 



Legislative 
Records of the 
Council, xxiv., 
444. 

House Jour- 
nal, p. 75. 
Province 
Laws, ii., liil, 
chap. 10. 



A Petition of Constant Southworth of Bridgwater Guardian of 
the Children of Ebenezer Southworth of Middleborough Setting 
forth That the only male child of the deceased is deaf and dumb, 
and like to be incapable of managing the Estate; that the Wood 
and Fencing Stuff thereof are mostly gone, and the Buildings de- 
cayed. And Praying leave to sell the said Estate for the benefit of 
the deceaseds Children. 

Read and 



[1st Sess.] Province Laws {Resolves^ etc.). — 1762-63. 255 

Resolved That the Prayer of this Petition be so far granted as that 
the Petitioner in his said Capacity of Guardian be and he hereby is 
authorized and impowered to make sale of the Real Estate men- 
tioned in his said Petition for the most the same will fetch and to 
make and execute a good and sufficient deed or deeds in Law for 
conveyance thereof; He observing the directions of the Laws relat- 
ing to the Sale of Real Estates by Executors and Administrators and 
giving sufficient caution to the Judge of Probate for the County of 
Plymouth that the money arising by said Sale be put out at interest 
for the benefit of said Minors. \^Passed June 14. 



CHAPTEK 75. 

ORDER ALLOWING £1. 19 TO THO» EMERSON. 

A Petition of Thomas Emmerson of Reading Setting forth That Legislative 
he had an Apprentice the last Year in the Public Service in Col° councn,xx*iv^, 
Thwings Regiment, who on his Return from Halifax in the Month ^-i.i Mass. 
of December was by reason of contrary winds put ashore at Dux- ixxx., 234. 
borough and there taken sick, which occasioned the Petitioner the Mass. 
charge of a Man and Horse to bring him home, and the expence of ^xx^"^^4 
a Doctor. And Praving Relief. House Jour- 

Read and 

Ordered that the sum of One pound nineteen Shillings be paid 
out of the publick Treasury to Ebenezer Nicholls Esq"" for the Use 
of the Pef in full. \^Passed June 14. 



CHAPTER 76. 

ORDER ALLOWING £8. 2 TO ALEX" SCOTT. 



A Petition of Alexander Scott, Setting forth That in the Year Legislative 
1760, his two Sons David and AYilliam, both minors, went into the Reconis of the 
Public Service in the pay of the Province and did their duty through 445. Mass! 
the whole Campaign; but that on their return home they were taken i^^x.^lii. 

down of the Small pox and one of them died; that by this means ^j^;^^ 

the distemper was communicated to the whole Family consisting of Archives, 
seven Persons, which has been very expensive to him and greatly House Jour- 
reduced him in liis circumstances. And Praying Relief. nai, p. 74. 

Read and 

Ordered that the Sum of eight pounds two Shillings be paid out 
of the publick Treasury to Cap*^ Abel Lawrence for the use of the 
Petitioner in full. \^Pas8ed June 14. 



256 



Province IjAws, {Resolves, etc.) . — 1762-63. [Chaps. 77, 78.] 



CHAPTER 77. 



ORDER ALLOWING £3 TO JOHN TOWNE. 



Legislative 
Records of the 
Council, xxiv., 
447. Mass. 
Archives, 
Ixxx., 1.59. 

Mass. 
Archives, 
Ixxx., 159. 
House Jour- 
nal, p. 71. 
Province 
Laws, xvi., 247, 
chap. 89. 



A Petition of John Town of Topsfield Setting forth That He 
served as a Soldier in the Pay of the Province in Colonel Willards 
Eegiment, and that upon making up Cap' Browns Muster Poll 
there was £3 stopped out of his Wages for not returning his Gun, 
which was in fact returned, and included in a receipt with divers 
other Guns returned at the same time. And Praying an Allowance. 

Read and 

Ordered that the Sum of three pounds be paid out of the j)ub- 
lick Treasury to M'' Elijali Porter for the Use of the Petitioner in 
full. \^Passed June 14.^ 



CHAPTER 78. 



RESOLVE DESIRING THE GOVERNOR TO GRANT COMMISSIONS TO THE 
PERSONS APPOINTED TO DETERMINE THE BOUNDARY BETWEEN 
THIS GOVERN'^T ^-^-q NOVA SCOTIA. 



Legislative 
Records of the 
Council, xxiv., 
446. Mass. 
Archives, v., 
469. 

House -Jour- 
nal, p. 313 
(April, 1762) ; 
pp. 76, 77. 
Ante, p. 246, 
chap. 56; p. 2,52, 
chap. 68. 



Whereas by the Royal Patent to S"" Will™ Alexander the Prov- 
ince of !N^ova Scotia is bounded by the River S* Croix to the head 
thereof and the remotest Western most Branch or Stream and from 
thence by an imaginary Line to run North to the River S* Lawrence. 
And Whereas Will"' Brattle, James Otis and John Winslow Esq" 
have been chosen and appointed by this Court to join with such 
Persons as may be appointed by the Province of Nova Scotia to 
repair to the said River S' Croix and to determine upon the place 
where the said North Line is to begin and to extend the said Line 
so far as the said Coinittee shall think necessary and to ascertain 
the same by marked Trees or other Boundary Marks. 

Resolved That his Excellency the Governor be desired to grant a 
Commission under the Public Seal of the Province to the said Will"' 
Brattle, James Otis and John Winslow Escf * to join with Such Per- 
sons as may be appointed by the Government of Nova Scotia, and 
with them to determine and ascertain the Line aforesaid : and in 
case the said Government of Nova Scotia shall not appoint any 
Persons on their part for the forementioned Purposes, and his Ex- 
cellency the Governor be not advised thereof before the first day 
of August next, that then the Comis" on the part of this Province 
proceed on the said business without them: and that his Excellency 
grant his Commission accordingly. \^Passed June 15. 

• This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is June 15. 



[1st Sess.] Province Laws {Resolves, etc.). — 1762-63. 257 

CHAPTER 79. 

VOTE DESIRING THE GOVERNOR TO APPOINT A PUBLIC FAST. 

In The House of Representatives Legislative 

This House taking into Consideration the Frowns of Divine coundf.xiiv^, 
Providence upon this Goverment with Eeffard to the Distressing -we. Mass. 
Drought in most parts of it, by which the fruits of the eartli are ssu. 
in great Danger of being Cut off Mass. 

Voted that his Excellency the Governour be desired with the ^if'^Executi\'e 
advice of His maiestys Councell to Issue a Proclamation appoint- Records of the 
ing a day of Fasting and Prayer ' to be observed & kept through- i6-2. House' 
out this Province to Humble our selves before God for our sins, to iov?* Fast""* 
seek to him for Pardoning mercy and for the Eemoval of the Judg- andThanks- 
ments we are labouring under and That God would Graciously be oTxew Eifg. 
Pleased to water the Thirsty Earth wnth Plentifull showers of Rain, land, p. 499. 
Preserve & Revive the decaying Fruits of it and yet Give us a Plen- 
tifull Harvest 

In Council Read and Concurred. \^Passed * June 15. 



CHAPTER 80. 

RESOLVE REMITTING PROVINCE PART OF EXCISE TAX TO MIC'- MAL- 
COLM. 

A Petition of Michael Malcolm of George Town in the County Legislative 
of Lincoln Setting forth That some time the last Fall, he inad- counc'if, x'xiv*!. 
vertently sold a barrell of Rum to an Innholder lawfully licenced 447. Mass. 
not knowing he was in the breach of the Law for so doing. And 429? ^^^^''^^^•' 
Praying the compassionate consideration of the Court with regard Masg^ 
to the penalty which he hath thereby incurred. 42r^House^^'' 

[Read and] Journal, pp. 21, 

Resolved That the Prayer of the Petition be so far granted & that Laws.^h'T.'sse, 
that part of the Penalty which accrues to the Province from said ^°^- 
Forfeiture be remitted to the Petitioner. \_Passed June 15. 



CHAPTER 81. 

ORDER REFERRING THE PETITION OF JOS : WILLIAMS, ESQ^ IN REGARD 

TO TAXES. 

A Petition of Joseph Williams Esq' Setting forth That He with ^|f^®rds"of the 
divers other Proprietors of Gardners Canada Township have been Council, xxiv., 

at great expence in bringing forward their Settlements, building ~ 

a Meeting House and settling a Minister, notwithstanding which ^^"i^p'; ni""" 
the General Court was pleased the last year to impose a tax upon -^'Zi^^"^^^'43 
them in common with the delinquent Proprietors. And Praying 62,69'. Proy- 
that they may be relieved either by having the said Tax wholly 693,\^te!^''^'' 
abated or by having it laid on the delinquent Proprietors only. 

^ The fast was appointed for July 28, 1762; and was public. 



258 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 82, 83.] 



Read and 

Ordered That the consideration of this Petition be referred 'till 
the next Sitting of this Court; and that the Petitioners print the 
substance thereof in one of the Boston News Papers three weeks 
successively; that so the delinquent Proprietors may 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 so far as it 
respects them. And that the Assessments upon the within mentioned 
Plantation be suspended in the mean time. \^Passed June 15. 



Legislative 
Records of the 
Council, xxiv., 
450. Mass. 
Archives, 
Ixxx., 241. 

House Jour- 
nal, pp. 77, 78. 



CHAPTER 82. 

RESOLVE ESTABLISHING WAGES AT CASTLE WILLIAM AND RESOLVE 
FOR BUILDING A MAGAZINE FOR STORING ARMS. 

Resolved that there be allowed sixty Men, Officers Included, for 
the defence of His Majesty's Castle William and that the fol- 
lowing Establishment be made for their Wages to Continue Two 
years Viz* 

For a Captain 

For one Lieutenant 

For a Chaplain . 

For a Gunner 

for a second Gunner 

for one Armourer 

for 2 Seargents . 

for 6 Quarter Gunners 

for -i Corporalls . 

for 1 Drummer 

for 1 Armourers Mate 

for 41 privates 

And to Encourage the non Commission officers & privates to 
Enlist that there be allowed to each able bodied Effective Man 
(and no others) that shall engage for the term of two years, to 
Commence from the time of his Enlistment, a suit of uniform 
Cloaths which the Province have now in store 

Further 

Resolved that for the Preservation of the small Arms belonging 
to the Province that His Excellency be desir'd to Cause a proper 
Magazine to be built on some part of the Castle Island, as he 
shall think best, and that to Carry the Building into execution 
there be A Sum not exceeding One hundred and fifty pounds paid 
out of the Publick Treasury for that use, into the hands of the 
Committee for repairing the Castle, and they to be accountable. 
{^Passed June 15. 



P Annum .56. 


3. 


10 


•p- do 28. 


11. 





do 33. 


6. 


8 


do 33. 


6. 


8 


do 33. 


6. 


8 


F month 2. 


4. 


6 


F do each 1. 


12. 




^ do each 1. 


12. 





W do each 1. 


9. 


4 


^ do 1. 


9. 


4 


■P do 1. 


9. 


4 


P do each 1. 


4. 






Legislative 
Records of the 
Council, xxiv., 
4.51. Mass. 
Archives, 1., 
178. 

Legislative 
Records of the 
Council, xxiv., 
451. House 
Journal, p. 79. 
Ante, p. 33, 
chap. 68. 



CHAPTER 83 



ORDER ALLOWING THE 



COMMITTEE £55. 
STABLES. 



13. G TO FINISH PROVINCE 



Ordered that the Sum of fifty five pounds thirteen Shillings and 
Six pence three farthings be paid out of the publick Treasury to 
the Comm*'*^ app*^^*^ to take care of the building the Province Stables 
it being the ball'^ due to the workmen for finishing the said build- 
ing. [Passed June 15. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1762-63. 259 



CHAPTER 84. 

RESOLVE ESTABLISHING WAGES AT FORT POWNALL, FORT HALIFAX 
AND STORE HOUSE AT CUSHNOC. 

Resolved that the Establishment for Fort Pownall at Penobscot Legislative 
from the 10*'^ day of June 1762 to the 10^'' day of June 1763 be as councif, xxiv!; 
follows Viz f J-,i^-- 

Ixxx., 240. 



For one Lieut 3. 0. 1f> month House Jour- 

for one Sergeant 1. 10. D" nal, p. 78. 

for fifteen privates each 1. 4. D" 

for one armourer .,,..... 2. D° 

And that the Establishment of Fort Hallifax & Store House at 
Cushnoc for the Term afores** be as follows viz 

For one Lieu' 3. 0. l> month 

For Two Sergeants each 1. 10. D" 

For thirteen private each 1. 4. D° 

for one armourer 2. D" 

And that his Excell^' be desired to give orders for the discharge 
of all others in those Forts. \^Passecl June 15. 



260 



Province Laws (Besolves, etc.). — 1762-63. [Chaps. 85, 86.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Eighth Day of September, A.D. 1762. 



CHAPTER 85. 



Legislative 
Records of tlie 
Council, xxiv., 

458. 

House Jour- 
nal, pp. 13,44. 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLESEX 

COUNTY. 

An Account of Daniel Russell Esq' Treasurer of the County of 
Middlesex being laid before the Court for Allowance. 

Eead and 

Ordered That the within Account be allowed; and that the within 
named Treasurer be discharged of the Sum of One hundred fifty 
eight pounds, sixteen shillings and eleven pence half peny. And 
that the said Treasurer be further accountable to said County for 
the ballance of said Account being two hundred and three pounds 
four shillings and one peny half peny. [Passed Se2)temher 8. 



CHAPTER 86. 



Legislative 
Records of the 
Council, xxiv., 
459. Mass. 
Archives, civ., 
231. 

Mass. 

Archives, civ., 
229. House 
Journal, pp. 66, 
88. Ante, 
p. 245, chap. 55. 



ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO BURN 
GOVERNMENT SECURITIES [1760] AND DISCHARGING THE PROVINCE 
TREASURER OF THE SUM OF £143,050. 8. 2. 

The Committee api:)ointed to repair to the Treasury and take 
an Account of the Government Securities that he has redeemed 
and see them burnt to Ashes, have attended that service and have 
received of the Treasurer Government Securities payable in June 
1760 to the Amount of twenty nine hundred forty four pounds, 
eleven shillings and two pence which with the Interest of Four 
hundred and seventy five pounds, eighteen shillings and two pence 
paid thereon amounts to Thirty four hundred twenty pounds nine 
shillings and four pence. Also Government Securities payable in 
June 1761 to the Amount of Eleven thousand and ninety pounds, 
eleven shillings and eleven pence, which with the Interest of twelve 
hundred twenty two pounds one shilling and three pence paid thereon 
amounts to Twelve thousand three hundred and twelve pounds, thir- 
teen shillings and two pence. Also Government Securities payable 
in June 1762 to the Amount of Fifty nine thousand five hundred 
eighty nine pounds, eleven shillings and ten pence, which with the 
Interest of thirty nine hundred and forty eight pounds, seven shil- 
lings and three pence paid thereon amounts to Sixty three thousand 
five hundred thirty seven pounds, nineteen shillings and one peny. 
Also Government Securities payable in June 1763 amounting to 



[2d Sess.] Province Laws (Resolves, etc.). — 1762-63. 261 

twenty eight thousand and seventy one pounds, seventeen shillings 
and eleven pence, which with the Interest of Fourteen hundred 
and ninety one pounds, eight shillings and three pence paid thereon 
amounts to twenty nine thousand five hundred and sixty three 
pounds, six shillings and two pence, Also Government Securities 
payable in June 170-4 amounting to twenty one thousand four hun- 
dred and three pounds and eleven pence, which with the Interest 
of Thirteen hundred ninety four pounds, fourteen shillings and 
one peny j^aid thereon amounts to Twenty two thousand seven hun- 
dred ninety seven pounds fifteen shillings. Also Government Secu- 
rities payable in June 1765 amounting to Ten Thousand eight 
hundred ninety five pounds twelve shillings and one peny, which 
with the Interest of Five hundred twenty two pounds thirteen 
shillings and four pence paid thereon amounts to Eleven thousand 
Four hundred eighteen pounds five shillings and five pence. All 
which Sums amount to One hundred Forty three thousand and 
fifty pounds eight shillings and two pence ; all which Securities We 
have seen burnt to Ashes. 

Prov: Mass^ Bay (Signed) J: Osborxe <j) Order 

Augt 20: 1762 

Read and 

Ordered that this report be accepted and that the Treasurer be 
discharged of the Sum of one hundred forty three thousand and 
fifty pounds, eight Shillings and two pence accordingly. [Passed 
Se2)temhe7- 9. 



CHAPTER 87. 

ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO BURN 
GOVERNMENT SECURITIES [1759] AND DISCHARGING THE PROVINCE 
TREASURER OF £84,186. 4. 5. 

The Committee appointed to repair to the Treasury, and take Legislative 
an Account of the Government Securities that he has redeem'd and coundf xxw^, 
see them burnt to Ashes, have attended that Service and have re- 46i. Mass. 
ceiv'd of the Treasurer Government Securities payable in 1759 to 234. 
the amount of seven hundred twenty six pounds four shillings and Mass. 
eleven pence, which with the Interest of One hundred fifty one ^a^^House^'' 
pounds ten shillings and seven pence makes Eight hundred seventy Journal, pp. 66, 
seven pounds fifteen shillings and six pence. Also Government Secu- p^"245, chap. 55. 
rities payable in 1760 to the Amount of Four thousand nine hun- supra^ch^]^. 
dred and ninety seven pounds, nineteen shillings and three pence, 
which with the interest of nine hundred seventy one pounds ten 
shillings and nine pence makes Five thousand nine hundred sixty 
nine pounds ten shillings. Also Government Securities payable in 
1761 to the Amount of Twenty two thousand five hundred ninety 
one pounds seventeen shillings and nine pence, which with the 
Interest of Three thousand three hundred fifty six. pounds twelve 
shillings and four pence makes twenty five thousand nine hundred 
and forty eight pounds ten shillings and one peny. Also Govern- 
ment Securities payable in 1762 to the Amount of Twenty four 
thousand, eight hundred ninety four pounds, nine shillings and 
seven pence, which with the Interest of Two thousand seventy six 
pounds five shillings and five pence makes twenty seven thousand 
one hundred seventy pounds fifteen shillings. Also Government 



262 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 88, 89.] 



Securities payable in 1763 to the amount of Ten thousand five 
hundred sixty nine pounds twelve shillings and nine pence which 
with the interest of Six hundred twenty two pounds two shillings 
and seven pence makes eleven thousand one hundred ninety one 
pounds fifteen shillings and four pence. Also Government Securities 
payable in 1764 to the Amount of Seven thousand eight hundred 
and one pounds five shillings and one peny, which [with] the Interest 
of Six hundred and eleven pounds seven shillings and eight pence, 
makes eight thousand four hundred and twelve pounds, twelve shil- 
lings and nine pence. Also Government Securities payable in 1765 
to the amount of Four thousand three hundred and ninety two 
pounds fourteen shillings and three pence, which with the Inter- 
est of Two hundred twenty two pounds, eleven shillings and six 
pence makes Four thousand six hundred and fifteen pounds five 
shillings and nine pence. All which Securities amount to Eighty 
four thousand one hundred eighty six pounds four shillings and 
five pence, which we have seen burnt and consumed to Ashes. 

Read and 

Ordered that this report be accepted and that the Treasurer be 
discharged of the Sum of Eighty four thousand One hundred eighty 
Six pounds four Shillings and five pence accordingly. {^Passed Sep- 
temher 9. 



Legislative 
Records of the 
Council, xxiv., 
462. 

House Jour- 

nal, p. 87. 



CHAPTEE 88. 

ORDER GRANTING TO JOSHUA DODGE, JR., LICENCE TO SELL STRONG 

DRINK. 

A Petition of Joshua Dodge Juu'' of Beverly, Setting forth That 
he has been approved by the Selectmen of the said Town for a Retailer 
of spirituous Liquors and provided himself with a Stock accordingly ; 
which approbation was seasonably sent to the Clerk of the Sessions 
for the County of Essex, but happened to be mislaid when the 
Court sat. And Praying for Relief. 

[Read 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 they hereby are impdwered at their 
next Sessions to license the Petitioner (if they see cause) to be a 
Retailer of spirituous Liquors in the Town of Beverly, he obtain- 
ing the Approbation of the Selectmen of said Town, the time for 
granting licenses being elapsed notwithstanding. \^Passed Sejitem- 
her 9. 



CHAPTER 89. 



ORDER ALLOWING £8 TO THOMAS TRACEY. 



Legislative 
Records of the 
Council, xxiv., 
462. Mass. 
Archives, 
Ixvi., 225. 

Mass. 
Archives, 
Ixvi., 223. 



A Petition of Thomas Tracy ' Setting forth, That He was a 
Sailor on board the Province Snow Cap' Dowse when she was taken 
and carried to Louisbourg: that he was from thence sent a Prisoner 
to France, wliere he lay in Goal and endured great hardships. And 
Praying Relief. 

Read and 

' The House Journal, p. 87, reads, " Thomas Crey." 



[2d Ses8.] Province Laws {Hesolves, etc.). — 1762-63. 263 

Ordered that the Sum of eight pounds be granted out of the House Jour- 
publick Treasury to the Pef in full consideration for his Services ^^^' p- ^'• 
and sufferings mentioned. [Passed September 9. 



CHAPTER 90. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK 

COUNTY. 

An Account of Joshua Henshaw Esq' Treasurer for the County Legislative 
of Suffolk dated 26 July 1762 being laid before the Court for their g^^i^'eli, x^xw^, 
Allowance. ^ 

Read and House Jour- 

Ordered That the within account be allowed : And that the Treas- s:!' ^'^'^^' ^' 
urer be and he hereby is discharged of the Sum of One hundred 
sixty six pounds, sixteen shillings and ten pence, And that he be 
further accountable to the said County for the ballance of said 
Account being Seventy two pounds eleven shillings half peny. And 
also for outstanding debts amounting to Three hundred fifty eight 
pounds, eight shillings and five pence three farthings, for which 
the said Treasurer is to account when he shall receive the same. 
[Passed September 9. 



CHAPTER 91. 

ORDER GRANTING TO JOHN PORTER LICENCE TO SELL STRONG DRINK. 

A Petition of John Porter of Danvers, Setting forth That he Legislative 
now occupies a House in said Danvers wherein his Father now de- counc*if, xliv^, 
ceased lately dwelt, and had a Licence as an Innholder; That the ^4.^Mass^^_' 
Licence is now expired, and the neighbouring Inhabitants being 530. ' " '' 
desirous that he should retail spirituous Liquors, he hath obtained House Jour- 
the approbation of the Selectmen for that purpose ; but as the time ^f^' vv- §9. ^ 
by Law appointed for granting Licenses is elapsed, he prays that 
the Court of Sessions next to be liolden for the County of Essex 
may be impowered to licence him accordingly. 

Read and 

ordred that y*^ prayer of this petition be So far Granted as that 
y'' Justices of y^ Court of General Sestions of the peace for the 
County of Essex be and are Hereby Impowred; at there Next Ses- 
tions to Grant y® petione"" a Licene to Retail Spirtous Liquors in 
y^ Town of Danverse (if they Se fit) he first obtaining y*" aprobation 
of y^ Selectmen of Said Town y'' time of Granting Licene being 
Elapsed not withstanding. [Passed September 9. 



264: 



Province Laws {^Resolves, etc.). — 1762-63. [Chaps. 92, 93.] 



CHAPTER 92. 



RESOLVE IMPOWERING SAMUEL ALLEN TO COLLECT TAXES IN 

GLOUCESTER. 



Legislative 
Records of the 
Council, xxiv., 
464. 

House Jour- 
nal, pp.87, Stf. 
Province 
Laws, iv., 441, 
note. 



In the House of Eepresextatives Whereas the Selectmen of the 
Town of Gloucester have represented to this House That William 
Somes was chosen one of their Constables in the year 1760, and 
that there was committed to him agreeable to Law a list of Prov- 
ince and Town Taxes to the amount of three hundred and forty 
nine pounds eight shillings, part of which sum being about Eighty 
three pounds was collected by said Somes; upon which he failed in 
his business, all his Estate was attached by his Creditors, and he 
committed to Goal. Being thus rendred incapable of compleating 
the collection, he constituted and impowered Samuel Allen of said 
Gloucester by his Power of Attorney to collect the remainder, part 
of which he said Allen has collected ; but inasmuch as it is doubted 
by many of the Inhabitants whether they are obliged to pay said 
Allen, and it is also doubted by said Allen whether he be obliged 
to account for the same. 

Therefore 

Resolved That Samuel Allen be empowered and he is hereby fully 
authorized and empowered to collect all such Sums in said Lists 
which he received from William Somes as are not collected, and 
that he be obliged to account for the same together with what he 
has already collected in the same manner as if he had been legally 
chosen and sworn for that ]3urpose. 

In Council Kead and Concurred. [^Passed Seiitemher 9. 



CHAPTER 93. 



VOTE AND ORDER EXTENDING THE TIME FOR DRAWING THE LAND 
BANK LOTTERY, &c. 



Legislative 
Records of the 
Council, xxiv., 
463. Mass. 
Archives, civ., 
237. 

Mass. 

Archives, civ., 
235. Legisla- 
tive Records of 
the Council, 
xxiv., 399. 
House .Jour- 
nal, pp. 32, 33, 
89, 90. Prov- 
ince Laws, iv., 
631, note. 
Ante, p. 69, 
chap. 165. 



A Petition of Joshua Henshaw Esq"" and Others Managers of the 
Land Bank Lottery, Setting forth. That they have agreed to begin 
the drawing of the 3'^ Class in the said Lottery on the lO"" current 
and have given public Notice accordingly; but that they have up- 
wards of 1,300 Tickets unsold, which is 700 more than they are 
empowered by Law to place to the Company's Acco' And Praying 
the Order of this Court thereupon. 

In Answer to the Memorial of Joshua Henshaw Esq'' & others 
Managers of the Lottery for drawing in the Bills of the late land 
Bank Company 

Voted & 

Ordered that the drawing of the third Class in said Lottery be & 
hereby is postponed & putt of untill Tuesday y^ 28 day of Septem- 
ber Current and no longer & that the said Managers in the mean 
time use their best Endeavors to dispose of the remaining Ticketts 
& what remains unsold between this time & y® Compleating the 
drawing of said Class shall be at y® risque of said Company they 



[2d Sess.] Province Laws {Resolves, etc.). — 1762-63. 265 

to have the benefitt of y'^ prizes arising on such remaining Ticketts 
& to sustain y® loss that may happen by them And the Commis- 
sioners for finishing said Company's Affairs, in case y'' loss upon y^ 
Ticketts so placed to y** Company risque should exceed y'' Frofitts 
of said Lottery, shall & hereby are Empower'd to hire y*^ money on 
Interest to defray such Deficiency & to Enable y® managers to pay 
off y® benefitt Ticketts and are also Impowered & hereby directed to 
assess y^ Partners of said Company for y® sum so deficient. \_Passed 
September' 9. 



CHAPTER 94. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF LINCOLN 

COUNTY. 

An Account of Samuel Denny Esq"" Treasurer for the County Legislative 
of Lincoln dated 1 June 1762 having been presented to the Court councu^xxiv^ 
for Allowance. <t67. 

Read and House Jour- 

Ordered That the above Account be allowed: and that the said '^^I'PP-i^.sg. 
Treasurer be discharged of the Sum of One hundred and four 
pounds, six shillings and six jience. And that a ballance is due to 
the said Treasurer from said County of Three pounds, eight shil- 
lings and three pence. \^Passed Se^jtember 10. 



CHAPTER 95. 

ORDER ALLOWING £4. 3. 11 FOR ACCOUNT OF BENJAMIN PARKER. 

A Petition of the Selectmen of Falmouth, Praying that they Legislative 
may receive out of the Province Treasury the Wages due to Joseph ^o^^cff xxiv*' 
Parker late a Soldier, under the command of Cap*^ John Small de- 468. Mass. 
ceased, the said Joseph Parker dying a minor and leaving no Parents ixxx.Jllo. 
living, but a Brother a Person non compos, who is now and prob- Mass! 
ably Avill continue a Town charge. i^^x^^'^l5 

[Read and] House Joiir- 

Order'd that the Treasurer pay to Fra^ Waldo Esq^ to be by him °*''^' ^'P' ^^' ^^• 
paid to the Select Men of the Town of Falmouth for the Use of 
Benjamin Parker a person Non Compos the Sum of Four pounds 
three shillings & eleven pence being part of Eight pounds ten shil- 
lings & six pence that was due to Joseph Parker Brother to the said 
Benjamin as a Soldier in the province Service in the Company of 
Cap"^ J° Small in the year 1760. \^Passed September 11. 



266 



Province Laws (Besolves, etc. ) . — 1762-63. [Chaps. 96-98.] 



CHAPTER 96. 



ORDER ALLOWING £5 TO EDW. ROSE. 



Legislative 
Records of the 
Council, xxiv., 
470. Mass. 
Archives, 
Ixxx., 259. 

Mass. 
Archives, 
Ixxx., 2.58. 
House Jour- 
nal, p. lis 
(November, 
1761) ; p. 9.1. 
Ante, p. 50, 
Chap. 116. 



A Petition of Edward Rose of Salem, Setting forth That in 
November last this Court made him a Grant of Five pounds in 
consideration of his Sufferings in the Government Service, since 
which he continues lame and unable to labour, and is like to prove 
incurable : And Praying further Relief. 

Read and 

Ordered that the Prayer of the Pet" be so far granted as that a 
Grant of five pounds be allowed and paid out of the publick Treas- 
ury to Nathaniel Ropes Esq'' for the Use of the Petitioner. [Passed 
September 11. 



CHAPTER 97. 



ORDER ALLOWING BENJ^ 



DYRE TO DRAW THE MONEY DUE HIS 
FATHER. 



Legislative 
Records of the 
Council, xxiv., 
470. Mass. 
Archives, 
Ixxx., 256. 

House Jour- 
nal, pp. 93, 95. 



A Petition of Benjamin Dyre of Braintree, Setting forth That 
his Eather Christopher Dyre was a Soldier in the Pay of the Prov- 
ince in Cap' Lemuel Dunbars Company; that he dyed in the Ser- 
vice and left no Estate but his Wages, And Praying that he being 
the only Son of the deceased may be allowed to draAV his said Fathers 
Wages as made up in the muster Roll. 

Read t& 

Ordered, that the Petitioner be allowed to Draw the money, that 
is made up to his s*^ Father Christofer Dyer Dec*^ on the aboue 
Said Cap' Lemuel Dunbar's muster Rool He giving Security ' to the 
Judge of Probate for the County of Suffolk that the same be ap- 
plyed to the jaayment of the deceaseds just debts if any such should 
hereafter appear. [Passed Septeml)er 11. 



CHAPTER 98. 



ORDER REVIVING THE PETITION OF JOS: WALKER, JUN^, IN REGARD 
TO HIS CLAIM TO AN ESTATE. 



Legislative 
Records of the 
Council, xxiv., 
20s, 470. 

Legislative 
Records of the 
Council, xxiv., 
240. House 
Journal, p. 202 
(January, 
1762). 



A Petition of Joseph Walker jun'' of Billerica setting forth 
That by his deed of 7 May 1754, He conveyed to one John Blanchard 
of Billerica a certain messuage and about 104 Acres of Land in said 
Billerica and in lieu of the purchase consideration therein men- 
tioned received of the said Grantee a Bond of the penalty of £200 
lawful money dated 25 April 1755 conditioned that He would make 
Sale of the said Lands to the best advantage and account with the 
Petitioner or his heirs for the proceeds; and the said John by force 
of said Deed made Sale of the greater part of said land, and there 
now remains unsold about 24 Acres of land with part of the Build- 
ings, and the said John being dead, the same has been apprized as 
his Estate at about £54. Tliat he died insolvent having never ac- 

* The words, "He giving securitj'" &c., to the end of the sentence, are not found in 
the House Journal. 



[2d Sess.] Province 1j\\\^ {ResoJves, etc.). — 1762-63. 26' 

counted with the Petitioner for what he had sold, That the Com- 
missioners appointed to settle his Estate reported £00 in favour of 
the Petitioner exclusive of any consideration for what remained 
unsold which they look upon as the deceased's Estate; And Pray- 
ing that the Judge of Probate for the County of Middlesex may 
be authorised and impowered whenever the remainder of the said 
Estate shall be sold to add the proceeds of the Sale thereof to his 
former Allowance by the Commissioners; that he may have his just 
Average of the whole. 

Read together with the Answer thereto, And 

Ordered That the Judge of the Probate of Wills for the County of 
Middlesex further lengthen out the time for the Commissioners sit- 
ting to examine the Claims on the said deceased's Estate, And the 
Commissioners are directed to consider the case of the Petitioner; 
and that upon the said Judges receiving and accepting their report, 
he proportion said Estate among the Creditors agreeable to Law. 

But the said Vote not being then acted on by the other Branches 
of the Government, the consideration thereof was reassumed and 
the following ^^ote passed thereon viz* 

Ordered That the Vote of Council on the within Petition of 
Joseph Walker jun'' of 9*'' February last be revived.' \^Passed 
September 11. 



CHAPTER 99. 

ORDER GRANTING TO JOSEPH SECOMBE LICENSE TO SELL STRONG 

DRINK. 

A Petition of a number of the Inhabitants of the Town of Legislative 
Danvers and other Towns adjoining, Setting forth, That Joseph couacif.xxiv!^ 

Secomb hath lately removed into the House of Jeremiah Page ^'^ 

which House was licenced the last year, and the said Joseph ¥^^u{ 
Secomb hath obtained the approbation of the Selectmen of said 436. House" 
Danvers to retail spirituous Liquors but the time appointed by Ante^^.'-m^' 
Law for granting Licences is elapsed. And as it Avould be a great '^^''^i'- ^'^■ 
Conveniency to the Town, and the Inhabitants of other places near 
adjoining that he should carry on the said business, Praying that 
the Court of General Sessions of the Peace for the County of Essex 
may be impowered to grant him a Licence accordingly. 

Read and in answer 

Ordered That the Justices of the General Sessions of the Peace 
for the County of Essex be, and they hereby are allowed to grant 
the said Joseph Secomb a Licence (unless they shall see cause rather 
to licence John Porter of the said Place in consequence of the order 
of this Court of the 9"' Instant) to sell spirituous Liquors He first 
obtaining the approbation of the Selectmen of said Danvers for that 
purpose, the time for granting Licences being elapsed Notwithstand- 
ing. \^Passed September 11. 

^ The vote reviving this petition not found in the House JournaL 



268 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 100-102.] 



Legislative 
Records of the 
Council, xxlv. 
474. 

House Jour- 
nal, p. 99. 
Ante, p. 61, 
chap. 148. 



CHAPTER 100. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINA WARE FOR THE COUNTY OF LINCOLN AND 
ALLOWING 16/ FOR THE EXPENSE THEREOF. 

The Committee appointed to Farm out the duties of Excise upon 
Tea, Coffee and cliina ware in the County of Lincoln for the cur- 
rent Year made report that they had sold the same to Charles Gush- 
ing Esq'' for £27.16. and lodg'd his Bond with the Province Treasurer. 

(Signed) Sam^ Denny ^ order 

Eead and 

Ordered That this Report be accepted : and that the sum of Six- 
teen shillings be allowed and paid out of the Public Treasury to 
the Committee for their time and expence in the Affair. [Passed 
September 14. 



Legislative 
Records of the 
Council, xxiv., 
476. Mass. 
Archives, 1., 
182. 

House Jour- 
nal, p. 104. 



CHAPTER 101. 

ORDER GRANTING £40 TO LIEU'*" GOVERNOR HUTCHINSON. 

Ordered That the Sum of Forty Pounds Be Granted and Paid 
Out of the Publick Treasury to the Hon*"'^ Thomas Hutchinson 
Esq"' in full Consideration for Sundry Services He was Desired to 
Perform for the Province, For which He has had No allowance. 
[Passed September 15. 



CHAPTER 102. 



VOTE ALLOWING £6 TO THE WIDOW OF JAMES SMITH. 



Legislative 
Records of the 
Council, xxiv., 
476. Mass. 
Archives, 
Ixxx., 262. 

House Jour- 
nal, p. 105. 
Province 
Laws, xvi., 247, 
chap. 89. 



Whereas there hath been a stoppage of Six Pounds out of the 
Pay of James Smith of York & his Son, who were Soldiers in Cap* 
Goodwin's Company in the Year 1758 for two stands of fire-arms 
furnish'd by the Government, Since which the said James & his 
Son are Dead, and that the said arms are now Eeady to be return'd, 
Therefore 

Voted that the Commis^ Gen" be & he hereby is directed to re- 
ceive the said Two stands of arms & Certify the same to the Treas', 
the time being elapsed for receiving them notwithstanding and 
that the Province Treasurer be & he hereby is directed (upon rec' 
of said Certificate) to pay to the wife of the said James Smith the 
money stopped as afores*^. [Passed September 15. 



[2d Sess.] Province Laws {Resolves, etc.). — 1762-63. 269 



CHAPTER 103. 

RESOLVE IMPOWERING JOSIAH KIDDER AND SARAH HIS WIFE AND 
JOHN WHITE, GUARDIAN, TO SELL REAL ESTATE AND MAKING PRO- 
VISION IN REGARD TO THE PROCEEDS. 

A Petition of Josiah Kidder and Sarah Kidder his Wife of Legislative 
Tewksbury, formerly Sarah Kitteridge Administratrix of the Estate council^, xxiv!l 
of her former husband Daniel Kitteridge Jun"" of said Tewksbury ^JIi 



deceased, and of John White of Billerica Guardian to the two Sons naT^Vios^'ioe 
of the said Daniel, Setting forth, That the said Daniel died pos- Province 
sessed of about fifteen acres of Land and part of a House and Barn chap!io."' ^°'' 
standing thereon, and of about fifteen Acres of Woodland and four 
Acres of Pine Land in the said Town about the value of One hun- 
dred and forty pounds which Estate is subject to the Dower of the 
said Sarah. That her said late Husbands Estate is about ten or eleven 
pounds in debt and his Son John hath for a long time been under 
the Doctors hands and is like to be a Cripple all his days, and hath 
no means whereby to pay the Doctors but by sale of his Share in 
the said Estate. And Praying that they may be impowered to make 
Sale of the said Estate for the benefit of those who are interested 
therein. 

[Read and] 

Resolved That the Prayer of this Petition be so far granted as 
that the Petitioners in their capacity be, and they hereby are im- 
powered to make Sale of the Real Estate within mentioned for the 
most the same will fetch, and to execute a good and sufficient deed 
or deeds in the Law of the same, they observing the directions of 
the Law relative to the Sale of Real Estates by Executors and Ad- 
ministrators, and giving sufficient caution to the Judge of Probates 
for the County of middlesex to apply the proceeds thereof in the 
following majiner viz* That the Interest of one third part thereof 
be for the use of the said Sarah Kidder during her natural life in 
lieu of her Dower; and that after the debts are paid the remaining 
two thirds be divided among the Children of said deceased accord- 
ing to Law. And that at the death of said Sarah the said Third also 
be divided in like manner among the legal Heirs. \^Passed Se]}- 
tember 15. 



CHAPTER 104. 

VOTE APPOINTING GUARDIANS FOR THE HASSANAMISCO INDIANS. Legislative 

Records of the 
Council, xxiv., 

The TWO Houses according to Agreement proceeded to the choice 478. Mass. 
of three Persons as Guardians to the Hassanamisco Lidians by joint xxxiiv^20. 

S^-llot. Legislative 

The Votes being brought in, sorted and counted; it appeared ^^°° g*?f ^xiv*' 
that Artemas Ward, Timothy Paine & Ezra Taylor Esq''^ were 475. House 
chosen by a Majority of Votes. \^Passed September 15. pp?iomo5,io6. 



270 



Province Laws {Resolves, etc.') . — 1762-63. [Chaps. 105-107.] 



CHAPTEK 105. 



Legislative 
Records of the 
Council, xxiv., 
478. Mass. 
Archives, 
Ixxx., '260. 

Legislative 
Records of the 
Council, xxiv., 
457. House 
Journal, pp. 84, 
85, 106, 107. 
Province 
Laws, xvi., 460, 
chap. 245, 



RESOLVE ALLOWING £4 BOUNTY TO SOLDIERS ENLISTING FOR THE 
WINTER SERVICE, &c. 

Resolved, That Encouragement be given for raising for his Maj- 
estys Service during the Winter the number of men requested by 
Sir Jeffery Amherst, Viz' at Hallifax three Captains, seven Sub- 
alterns, eighteen non-Commissioned Officers, and two Hundred and 
forty Privates: And at the Westward, three Hundred and twenty 
three Men, including three Captains and six Subalterns: 

That there be a Premium or Eeward allowed and paid out of the 
publick Treasury the Sum of Four Pounds to each Non-Commis- 
sioned Officer and Private now in the Service, or that may elsewhere 
inlist, to continue in said Service until the first Day of May next; 
and the Establishment for their Pay to be the same as for the pres- 
ent Campaign. l^Passed Septennber 15. 



Legislative 
Records of the 
Council, xxiv., 

486. Mass. 
Archives, xiv., 
336. 

Mass. 

Archives, xiv., 
333,338; 1., ISO. 
Legislative 
Records of the 
Council, xxiv., 
469 his. HoiTse 
Journal, pp. 93, 
94, 96, 97, 103, 
104. Love's 
Fast and 
Thanksgiving 
Days of New 
England, 
p. 499. 



CHAPTER 106. 

RESOLVE DESIRING THE GOVERNOR TO APPOINT A PUBLIC THANKS- 
GIVING. 

The House sensible of the signal mercies of Heaven in deliver- 
ing the Peoi^le of this Province in a good measure from the danger 
they were threatned with by means of the late extream drought 
sensible also of the great favour granted to His Maj*^^ Arms in the 
reduction of the Island of Martineco and of the strong City of 
Havannah with their several Dependencies and the great acquisi- 
tions there. The successes also granted to His Majesty's Forces in 
Germany Therefore 

Resolved that His Excellency be desired to appoint a day of pub- 
lick Thanksgiving ' to Almighty God that so all ranks and orders 
of Men may in a solemn and religious manner express their grati- 
tude to Heaven on these great and remarkable occasions. \^Passed 
September 15."^ 



CHAPTER 107 



Legislative 
Records of tlie 
Council, xxiv., 
480. Mass. 
Archives, 
Ixxx., 254. 

Mass. 
Archives, 
Ixxx., 253. 
House Jour- 
nal, pp. 99, 108. 



ORDER ALLOWING 48/ TO JOHN CALL. 

A Petition of John Call, Setting forth. That he Avas a Soldier 
in Cap' Gideon Parkers Company of Col" Thwings Regiment, and 
did duty at Halifax to the 9 November 1761, when he was discharg'd 
as being in ill health ; but that he is by mistake made up in the Roll 
to the 23"^ day of September only. And Praying Relief. 

Read and 

Ordered that the Sum of forty eight Shillings be paid out of the 
publick Treasury to the Pef in full for his Services within men- 
tioned. \_Passed September 16. 

» The Thanksgiving was appointed for 7"" day of October, 1762, and was public. 
"^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is September 17. 



[2d Sess.] Province Laws {Resolves, etc.). — 1762-63. 271 



CHAPTEE 108. 

ORDER GRANTING TO ELIJAH PORTER LICENCE TO SELL STRONG 

DRINK. 

A Petition of Elijah Porter of Topsfield, Setting forth, That ^|f^^j.|i\"^f%,,g 
He lives on the side of y*" River which contain ; two third parts of council, xxiv., 
the Town, in which part of the Town there is no Retailer of Spir- frchil^esTcxx., 
ituous Liquors, and he hath thereupon been desired to apply for 439. 
a Licence. And Praying that the Court of General Sessions of the House Jour- 
Peace to be holden at Newbury on the last Tuesday of September ^^ ' ^'' 
Instant may be impowered to grant him a Licence for that purpose. 

Read and 

Ordered that the Justices of the Gen' Sessions of the Peace for 
the County of Essex be impowered to grant the Pef a Licence to 
sell spirituous Liquors (if they see cause) He first obtaining the 
approbation of the Select Men of the Town of Topsfield for that 
purpose the time for granting Liences being elapsed notwithstand- 
ing. [Passed September 16. 



CHAPTEE 109. 

ORDER REFERRING WITH STAY OF ALL PROCEEDINGS THE PETITION 
OF NON-RESIDENT PROPRIETORS OF WESTMINSTER IN REGARD TO 
TAXES. 

A Petition of a number of the Nonresident Proprietors of West- g|for^"Jf j^e 
minster complaining of their Lands being sold for the payment of council, xxiv., 
Taxes; and praying relief [ante, p. 233, chap. 26] — . 

[Read and] S^TppS'io. 

Ordered That the further consideration of this Petition be referred Province 
to the second Wednesday of the next Sitting of this Court; and that ^fX^p.^233, 
all proceedings of the Proprietors Committee respecting the sale of chap. 26. 
the Lands mentioned be stayed 'till the further Order of this Court. 
[Passed Se/pteiiiber 16. 



CHAPTEE 110. 

ORDER IMPOWERING NATHANIEL SPARHAWK, ADM^ TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Merial Cutting Widow of Abraham Cutting late Legislative 
of Cambridge in the County of Middlesex deceased and Guardian counoif.xxiv^, 

of two of his Children, and Nathaniel Sparhawk Administrators of f^i: 

the said deceaseds Estate, and Guardian of four other of the de- ^jji';'p^j°ii)'ii.j. 
ceaseds Children Setting forth, That She hath obtained liberty for Province 
selling about two third parts of the deceaseds Real Estate for the chapfio.'' 
payment of his just debts; but that apprehending it would greatly 
endamage the whole thus to sell off a part. She prays leave to sell 
the whole of the said real Estate; She to account for the proceeds 
according to Law. 

Read and 



272 



Province Laws (i^esoZves, e^c). — 1762-63. [Chaps. Ill, 112.] 



Ordered That the Prayer of the Petition be granted : and that 
the Petitioner Nathaniel Sparhawk Administrator of the Estate of 
Abraham Cutting late of Cambridge deceased be, and he hereby 
is impowered to make Sale of the whole of the Eeal Estate of the 
said deceased and to execute a good and sufficient deed or deeds of 
the same; he observing the directions of the Law respecting the 
Sale of Eeal Estates by Executors and Administrators and giving 
sufficient caution to the Judge of Probate of Wills for the County 
of Middlesex for the payment of the Interest of one third part of 
the produce of the said Sale to the Widow of the deceased, the 
remainder to be applied to the payment of the said deceaseds just 
debts, and the Overplus (if any there be) to be distributed to and 
among his legal heirs or their Representatives according to Law. 
\_Pa8sed Septemher 17. 



Legrislative 
Records of the 
Council, xxiv., 
482. Mass. 
Archives, 
xxxiii.,20o. 

Mass. 
Archives, 
xxxiii., 204. 
House Jour- 
nal, pp. 106, ni. 
Province 
Laws, xvi., 241, 
chap. 76, note. 



CHAPTEK 111. 

RESOLVE IMPOWERING EUNICE SPYWOOD, INDIAN, TO SELL LANDS 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Eunice Spywood of Natick. Setting forth That 
her husband some Years since absconded and left her in very dis- 
tressing circumstances, and has never returned, That she hath sub- 
mitted to great hardships for the support of herself and Children 
(who are now all dead) And Praying leave to make sale of twenty 
Acres, being part of her Lands in Natick, the Fee whereof is in 
herself, in order to enable her to discharge her debts contracted 
during her Sickness and the sickness of her Children. 

On y*^ Petition of Eunice Spywood of Natick in y*^ County of 
Midd^*^^ Indian Woman, 

Resolved that y® Prayer of the Petition be so far granted as that 
the Petitioner be & hereby is impowered by &, with the Consent of 
the Guardians of s'^ Natick Indians to make Sale of thirteen Acres 
of her Lands in Natick for the most they will fetch & execute a 
good Deed or Deeds thereof in y*^ Law; & that y* Proceeds coming 
by s*^ Sale to be by them y*" s*^ Guardians applyed to y* payment of 
Doctors Bills & other Charges mentioned in s** Petition, & y'' re- 
mainder to be preserved & improved for her Support the s*^ Guar- 
dians to be Accountable to this Court for their Doings thereon. 
\^Passed September 17. 



CHAPTER 112. 



RESOLVE IMPOWERING ALEX« SHEPARD, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
483. 

House Jour- 
nal, p. 110. 
Province 
Laws, il., 151, 
chap. 10. 



A Petition of Alexander Shepard of Newtown, Guardian of Robert 
Child and Margaret Child his Wife, Non compos. Persons Setting 
forth, That tlie said Robert and Margaret are seized in Fee of a 
small dwelling house and Barn and about forty Acres of Land lying 
in Needham, which are at present of but little advantage to them, 
That the House and Fences are greatly out of repair, and that the 
said Robert is about Twenty pounds in debt, And Praying leave to 
sell the said Estate. 



[2d Sess.] Province Laws {Resolves, etc.). — 1762-63. 273 

[Read and] 

Resolved That the Prayer of this Petition be so far granted as 
that the Petitioner, in his capacity be and he hereby is impowered 
to make Sale of the Real Estate within mentioned for the most the 
same will fetch, and to pass and execute a good deed or deeds to 
the purchaser or purchasers: he observing the directions of the LaAv 
relative to the Sale of Real Estates by Executors and Administra- 
tors, and giving sufficient caution to the Judge of Probates for the 
County of Middlesex to apply the proceeds thereof for the payment 
of the said Non composes debts, and the remainder to be put out 
on Interest for the support of him and his Family. {^Passed SejJ- 
t ember 17. 



CHAPTEK 113. 

RESOLVE CONFIRMING THE VOTES AND PROCEEDINGS OF THE DIS- 
TRICT OF GREENFIELD. 

A Memorial of the Inhabitants of Greenfield, Setting forth Legislative 
That through misinformation the persons chosen into Office from council, xxiv., 



483. 



year to year in the District of Greenfield have never taken the 
Oath prescribed by LaAV to qualify them to Act in their respective ^ai^pf/^e^'iia 
Offices, and are now informed that all their proceedings as a Dis- 
trict are null and void. And Praying the interposition of this Court 
for establishing the same. 

[Read and] 

Resolved That the prayer of this Petition be so far granted, as 
that the Votes and proceedings of the District of Greenfield be and 
they hereby are confirmed to be as valid to all intents and purposes, 
as if the Officers from time to time chosen in said District had taken 
the Oath relative to the Bills of credit of the neigbouring Govern- 
ments before they entered upon their respective Offices, Provided 
That such Votes & Proceedings in all other respects have been 
agreeable to Law. [Passed September 17. 



CHAPTEE 114. 

ORDER REFERRING WITH STAY OF PROCEEDINGS THE PETITION OF 
ELD'> TAYLOR, ESQ", IN BEHALF OF TOWNSHIP N" 4, IN REGARD TO 
TAXES. 

A Petition of Eldad Taylor Esq"" in behalf of the Inhabitants Legislative 
of Township N° 4, Praying relief with respect to their Taxes [ante, ^ounclf 'xxh'^ 
p. 254, chap. 73] and referred. j^- 

Read and House Jour- 

Ordered That the further consideration of this Petition be referred proV'incf '^^*' 
'till the second Wednesday of the next Sitting of this Court, and ^otg'^'lJ;;^^'^' 
all Assessments imposed by the Province and County are suspended p. 254, chap! 73. 
in the meantime. [Passed September 17. 



274 



Province Laws (^Resolves, etc.). — 1762-63. [Chaps. 115-118.] 



CHAPTER 115. 



ORDER REFERRING WITH STAY OF PROCEEDINGS THE PETITION OF 
JOS: WILLIAMS, ESQ« IN BEHALF OF GARDN»» CANADA TOWNSHIP 
IN REGARD TO TAXES. 

Records^of the ^ PETITION of Joseph Williams Esq"" in behalf of the Proprietors 
Council, xxiv., of the Township called Gardner's Canada, Praying relief with respect 

—^ to their Taxes, \ante, p. 257, chap. 81] and referred. 

nZv%Xn.. Read and 

Law 'Tv 693 Ordered That the further consideration of this Petition be referred 
uote^'^wite, ' 'till the second Wednesday of the next Session of this Court, and 
p. 2o,, chap. 81. ^Y[ Assessments imposed by the Province & County are suspended 
in the mean time. \^Passed September 17. 



Legislative 
Records of the 
Council, xxiv., 
48.5. Mass. 
Archives, 
Ixxx., 263. 

House Jour- 
nal, pp. 112, 114. 



CHAPTER 116. 

RESOLVE DESIRING THE GOVERNOR TO GIVE ORDERS TO THE PRO- 
VINCIAL OFFICERS TO MAKE RETURN OF THE NUMBER OF COATS 
NEEDED FOR WINTER SERVICE, &c. 

Resolved 

That his Excellency be desired to give orders to the Commanding- 
Provincial Officers at the several Posts to make a Return what num- 
ber of Coats may be necessary for the Soldiers who shall Inlist for 
the Winter Service, and that upon his Excell^* recieving such Return 
the Commissary be and hereby is directed to Provide a Suitable Coat 
agreeable thereto, and he is further directed to purchase said Coat 
upon the best Terms he can, and that they be delivered to the Sol- 
diers at the Prime Cost, the Charges of transportation only Excepted. 
[^Passed September 17. 



CHAPTER 117. 



ORDER DIRECTING THE SECRETARY TO PREPARE AN ACCOUNT OF THE 
EXPENSES OF THE EXPEDITION OF 1761. 



Legislative 
Records of the 



Ordered That the Secretary be directed to prepare in the Recess 
Council, xxiv., of the Court an Account of the Expences of the Expedition in the 
Year 1761 and transmit the same to the Agent as soon as may be. 
\^Passed September 18. 



House Jour- 
nal, p. 116. 



CHAPTER 118 



RESOLVE SETTING OFF CERTAIN PERSONS AND THEIR ESTATES FROM 
THE FIRST PRECINCT IN LANCASTER TO THE SECOND PRECINCT IN 
SHREWSBURY. 



Rlfords'of the ^ PETITION of Daniel Albert, Levi Moor, Josiah Bennet Bezaleel 
counc^i^^xxiv.. How, Zebulon Rice, Frederick Albert, Mathias Larkin all of Lan- 
Archives, xiv., caster ill the County of Worcester, Setting forth, That they live at 
^i least five miles distant from the Place of Public Worship in the said 



[2d Sess.] Province Laws {Resolves, etc.). — 1762-63. 275 

Town, and are much more commodiously situated to attend divine Mass. 
service at Shrewsbury, wherefore they liave applied to the first Pre- ,^4?'^^House^"' 
cinct in Lancaster, to which they now belong, to be set off from Journal, p. m. 
them, who accordingly granted their Request, and have also applyed 
to the Second Precinct in Shrewsbury to receive them, who have 
voted to receive them accordingly, And Praying that they with their 
Lands may be set off from Lancaster and annexed to the second Pre- 
cinct in Shrewsbury accordingly. 

[Read and] 

Resolved that the Prayer of this Petition be granted and that the 
Petitioners with their Lands viz*^ begining at the northeast Corner 
of the Second Precinct Li Shrewsbury being a heap of stones on a 
Ledge of Rocks on the East End of Rattle Snake Hill thence west 
25. Deg' north to a Red oak on the River. Bank this Line runs fifty 
Six Rods north of Daniel Alburts House, thence from s'' Red oaks 
up the River bounding on it untill it comes to s*^ second Precinct 
in Shrewsbury, thence by s'^ Precinct to where it began, be and they 
hereby are Set off from the first Precinct in Lancaster to the s"^ 
second Precinct In Shrewsbury there to do Duty & receive Privi- 
ledges for the future The Petitioners to pay their Propertionable 
Part of all Precinct Taxes to the first Precinct in Lancaster which 
are allready granted. And that all the Improved Lands belong- 

ing to the Petitioners which the afores*^ Lines Cross are to pay Taxes 
to that Precinct where their Houses Stand. \^Passed September 18. 



CHAPTER 119. 

ORDER ALLOWING £3.10 TO MOSES MORGAN. 



A Petition of Moses Morgan of Groton, a Soldier in the pay Legislative 
of the Province in 1761 in Cap' Farringtons Company Praying an coundu xxiv!, 
allowance of sundry expences occasioned by his Sickness upon his 49o. Mass. 

, J, , , . -^ -^ '' ^ Archives, 

return from the Army. ixxx., ■25-2. 

Read and Mass. 

Ordered that the sum of three pounds ten Shillings be paid out f^^^^^ll\ 
of the publick Treasury to Cap' Abel Lawrence for the use of the House Jour- 
Pef in full. \^Passed September 18. >i- • 



CHAPTER 120. 

ORDER ALLOWING £6 TO ELIJAH STODDARD. 

A Petition of Elijah Stoddard of Spencer, a Soldier in the pay Legislative 
of the Province in Cap' M<=Farlands Company in 1760, Praying an ^^Xcu" xliv!*, 
allowance for his Gun which he lost in the Service, and the Expence ^H'^-^^^l^' 
and loss of time occasioned by his being taken ill of the Small Pox ixxix., 697. 
in his return home. Mass. 

RpflH nnrl Archives, 

±teaa ana ixxix.,697. 

Ordered that the sum of Six pounds be paid out of the publick House Jour- 
Treasury (exclusive of his Gun) to Cap' John Brown of Leciester ° 'P' 
in full for the Use of the Petitioner. \^Passed September 18. 



276 Province Laws {Resolves^ etc.). — 1762-63. [Chap. 121.] 



CHAPTEK 121. 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE GREAT 
AND GENERAL COURT. 

R^fords^^uhe Resolved that in Consideration of the extraordinary expence, 
Council, xxiv., which the Members of this Court are subject to in Their attend- 
Archfves?!., a^ice thereon. Therefore 

1^3- Ordered that the sum of six Shillings & four Pence be allowed 

^rt<e, p.247, to each Member of His Majesties Council per Diem for Their 

*^ *^' ' attendance; and the sum of five Shillings per Diem be allowed to 

each member of the House for their attendance untill the further 

Order of this Court, and that the Kolls be made up accordingly. ' 

\_Passed Seiitetiiber 18. 

' Not found in the House Journal. 



[3d Sess.] Province Laws (Besolves, etc.). — 1762-63. 277 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twelfth Day of January, A.D. 1763. 



CHAPTER 122. 

ORDER IMPOWERING JOSEPH OTIS, ESQ«, AND ABIGAIL STURGIS, ADM^^, 
TO SELL REAL ESTATE. 

A Petition of Joseph Otis Esq"" and Abigail Stnrgis both of Legislative 
Barnstable Administrators of the Estate of Samuel Sturgis late of councif, xxiv!, 

Barnstable deceased, Setting forth, That the said deceased dyed *J^ 

Insolvent: and as the Superior Court (to which they ought to ^f]"^® j^jj"''" 
apply) will not sit till May, Praying that this Court would enable Proviiice"_ 
them to sell the deceaseds Heal Estate (reserving to the Widow her chap^i".'' ^''^' 
right of dower) to enable them to pay the just debts of the deceased, 
so far as the proceeds thereof will go. 

Read and 

Ordered That the Petitioners in their capacities of Administra- 
tors of the Estate of Samuel Sturgis late of Barnstable deceas'd be, 
and they hereby are impowered to make sale of the whole of the 
deceaseds Real Estate for the payment of his just debts save the 
Widow her right of dower therein ; and also to make Sale of the re- 
version of the Widows dower (if they see cause) for the purpose 
aforesaid : they observing the directions of the Law respecting the 
Sale of Real Estates by Executors and Administrators and giving 
sufficient caution to the Judge of Probate for the County of Barn- 
stable to account for the proceeds of the said Sale according to Law. 
[Passed January 13. 



CHAPTER 123. 

ORDER IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF 
LINCOLN TO EXTEND THE TIME FOR ENTERING CLAIMS AGAINST 
AN ESTATE. 

A Petition of Francis Waldo Esq' in behalf of the heirs of the Legislative 
late Brig'i'- Waldo Setting forth, that John Blythen late of Harps- g^j^^^cif ^*4^^ 
well in the County of Lincoln being in debt to the said Brig*^"" Waldos 500. 
Estate by bond of 3'' Aug* 1752, £67.4 lawful money, dyed about a House Jour- 
year ago and his Estate was represented insolvent, which but lately nai.PP-i^^.^^e- 
came to the Petitioners knowledge who immediately thereupon pre- 
sented their Claim but the time for receiving the same being elapsed, 
they will be excluded unless relieved by this Court, And Praying 



278 



Province Laws (i?e.soZye.s,e^c.). — 1762-63. [Chaps. 124, 125.] 



that the Judge of Probate for the County of Lincoln may be im- 
powered to direct the Commissioners to receive the Claim of the 
Petitioners that so they may receive their dividend of the deceaseds 
Estate. 

Eead and in Answer 

Ordered That the Judge of Probate of Wills &c for the County 
of Lincoln be and he is hereby impowered to lengthen the time for 
the Creditors to the said Blythen's Estate to bring in their Claims 
to Commissioners appointed for that purpose the term of three 
months from this time, the time limited by law being elapsed not- 
withstanding. [Passed January IS. 



CHAPTER 124. 

ORDER GRANTING TO GEORGE ANDREWS LICENCE TO KEEP AN INN. 

Rlfords"ofthe -^ Petition of George Andrews Setting forth That he hath 
Council, xxiv., bouglit a Farm in Westborough, and that the House he is about to 

— live in hath been for many years past licensed as a Tavern; And 

nai"ppfi2Tyi28. Praying that the Court of General Sessions of the Peace for the 
County of Worcester at their next Session may be impowered to 
grant him a license for that purpose. 
[Read and] 

Ordered That the Justices of the General Sessions of the Peace 
for the County of Worcester be authorized to grant the Petitioner 
a License (if they see cause) to keep a public House of Entertain- 
ment in the House mentioned. Provided the Petitioner first obtain 
the approbation of the Selectmen of Westborough for the Ser- 
vice, the time for granting licenses being elapsed notwithstanding. 
[Passed January 13. 



CHAPTER 125 



ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO BURN GOV- 
ERNMENT SECURITIES AND DISCHARGING THE PROVINCE TREAS- 
URER OF THE SUM OF £79,520. 1. 1. 

Rlcords'otthe TREASURERS OFFICE Dec. 18. 1702. The Committee appointed 
Council, xxiv., to repair to the Treasurer's and take an account of the Government 

^-^ — Securities in his hands and see them burnt and consumed to Ashes 

nai^p. 127. liavc attended that service and have received of M' Treasurer Gray 
chap 55.^*^' Notes payable in June 1760, the principal Nine hundred twenty 
two pounds thirteen shillings and six pence ; the interest paid thereon 
One hundred fifty pounds fourteen shillings and fourpence makes 
Ten hundred seventy three pounds seven shillings and ten pence. 
Also Notes payable in June 1761 the principal Eleven hundred 
thirty five pounds, twelve shillings and nine pence, the interest 
paid thereon One hundred sixty seven pounds thirteen shillings 
and eleven pence makes thirteen hundred and three pounds, six 
shillings and eight pence. Also Notes payable in June 1762, the 
Principal Eight thousand and ninety six pounds and two pence, 
the Interest thereon Six hundred twenty six pounds ten shillings 
and seven pence makes Eight thousand seven hundred twenty two 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 279 

pounds ten shillings and nine pence. Also Notes payable in June 
1763, the principal Seventeen thousand seven hundred and twenty 
seven pounds three shillings and five pence, the Interest paid thereon 
Eleven hundred twenty seven pounds seven shillings and eleven pence, 
makes Eighteen thousand, eight hundred fifty four pounds eleven 
shillings and four pence. Also Notes payable in June 1764, the prin- 
cipal twenty thousand and nineteen pounds two shillings and six 
pence, the interest paid thereon twelve hundred seventy four pounds 
three shillings and one peny makes twenty one thousand two hun- 
dred and ninety three pounds five shillings and seven pence. Also 
Notes payable in June 1765, the principal Nineteen thousand six 
hundred and thirty one pounds seven shillings and three pence, the 
interest paid thereon Eleven hundred sixty four pounds, eleven shil- 
lings and seven pence makes Twenty one thousand seven hundred 
ninety five pounds, eighteen shillings and ten pence. Also Notes 
payable in June 1763 of the new form the Principal seven thousand 
two hundred, seventy one pounds, the Interest paid thereon Two 
hundred and six pounds and one peny makes seven thousand four 
hundred seventy seven pounds and one peny, all which Securities 
amount to seventy nine thousand five hundred and tAventy pounds, 
one shilling and one peny, which we have seen burnt and consumed 
to Ashes. J OsBORXE <p Order 

Read and 

Ordered That this Report be accepted and that the Treasurer be 
discharged of the sum of seventy nine thousand five hundred and 
twenty pounds one shilling and one peny accordingly. \^Passed 
January 13. 



CHAPTER 126. 

ORDER DIRECTING ROLAND COTTON, ESQ», TO RETURN £6. 4. 4 INTO 

THE TREASURY. 

A Memorial of Roland Cotton Esq' of Sandwich, Setting forth ^|f^^^^fjf%be 
That upon his Petition to the Court in 1761, they made him a Grant council, xxiv., 

of Eight pounds for the use of the Widow of James Bristow an ^ 

Indian who was taken Prisoner at Fort William Henry while in the na°?pp!\2M3o. 
pay of this Government That he accordingly paid out of the said ^n<e, p.237, 
money thirty five shillings and eight pence to discharge a debt of 
the said James Bristow and for the use of the Widow; but finding 
that she had misrepresented her case to him, he has stopped pay- 
ment of the remaining Sum. And Praying the directions of the 
Court concerning it. 

Read and 

Ordered That the Memorialist be directed to return into the 
Treasury the Sum of Six pounds four shillings and four pence, 
which sum with the charges and payments abovementioned amount 
to the Sum of Eight pounds received by the memorialist out of the 
Treasury as within mentioned. \^Passed January 14. 



280 



Province IjI^^% {Resolves, etc.). — 1762-63. [Chaps. 127, 128.] 



CHAPTER 127. 



ORDER IMPOVVERING JOHN LEWIS TO SELL SHARES IN LANDS AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 

504. 

House Jour- 
nal, pp. 13-2, 1.33. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of John Lewis of Barnstable, Grandson and one of 
the Coheirs of Ebenezer Lewis late of said Barnstable deceased 
setting forth. That his said Grandfather devised to him and his 
three Brothers a small Tract of rough Land containing about forty 
Acres exclusive of Swamp, lying in Eochester which is not fit to 
make a Settlement, and lyes at a great distance from them. That 
he is Guardian to Josiah and James abovementioned. And praying 
that he may be empowered to sell the said Land, as he has now an 
advantageous Offer for it. 

Eead and 

Ordered That the prayer of this Petition be granted, and that 
the Petitioner John Lewis be, and he hereby is impowered to make 
Sale of the Shares of Josiah & James Lewis in the Lands mentioned 
in the said Petition for the most the same will fetch, and to execute 
a good deed or deeds of conveyance thereof ; He observing the Kules 
of the Law respecting the Sale of Real Estates by Executors and 
Administrators, and giving sufiicient caution to the Judge of Pro- 
bate for the County of Barnstable to improve at interest that part 
of the proceeds of said Sale accruing to the said minors, and to 
apply the interest thereof towards their support and Education; 
& duly to account for the principal Sum & for their proceedings 
herein. \^Passed January 15. 



CHAPTER 128. 



RESOLVE IMPOWERING MARY CLARK, ADM^, TO SELL LAND AND MAK- 
ING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative A PETITION of Mary Clark, Widow and Administratrix of the 

Council, xxiv., Estate of her late Husband Robert Clark of Lunenburgh deceas'd, 

^— Setting forth. That the said deceaseds Estate is indebted to sundry 

KpSisi. persons £104.4.10 that he left three Children two of which are of 

Province ' age, and the youngest, who is the only Son, is now more than nine- 

chap!'io."' ' teen years of age. That the personal Estate consists of such Articles 

as are necessary for the use of the Family, and must break it up, 

if disposed of: that he dyed siezed of sundry unimproved Tracts 

of Land in Lunenburgh and Townshend. And Praying leave to sell 

such part of the same as shall be sufficient to discharge tlie debts 

aforesaid. 

[Read and] 

Resolved That this Petition be so far granted as that the Peti- 
tioner in her said capacity be, and is hereby fully authorized and 
impowered to make sale of so much of the unimproved Lands 
belonging to the Estate of her late Husband Robert Clark de- 
ceas'd as may be sufficient for the payment of his just debts, the 
charge attending the sale thereof, and of her Administration ; She 
observing the directions of the law relating to the sale of Real 
Estates by Executors and Administrators and giving sufficient cau- 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 281 

tion to the Judge of Probate for the County of Worcester that the 
money arising by said Sale be applyed for the purposes aforesaid. 
\^Passed January 15. 



CHAPTER 129. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL 

COUNTY. 

An Account of Robert Luscombe, Treasurer for the County of ^^sisiatwe 

,.,,.1 T iz-ijcAn Records of the 

Bristol, having been presented to the Court lor Allowance. council, xxiv., 

Read and ^ 

Ordered That the within Account be allowed, and that the said □aTpp-'^iXis-'. 
Treasurer be hereby discharged of the sum of One hundred forty 
one pounds fourteen shillings & seven pence half peny. And that 
he be further accountable to said County for the ballance of Ac- 
count being Seventy pounds, sixteen shillings and ten pence half 
peny. [^Passed January 15. 



CHAPTER 130. 

RESOLVE IMPOWERING JAMES CARTER AND SARAH HIS WIFE, ADM^, 
TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO 
THE PROCEEDS. 

A Petition of James Carter and Sarah his Wife formerly Sarah glfQ^ds'of the 
Gilson Administratrix of the Estate of her late Husband Jonas council, xxiv., 

Gilson late of Lunenburgh deceas'd, Setting forth. That the de- ^ 

ceaseds debts amount to £25.13.101/2, and that his Real Estate ^a'll'p^isT" 
lying in Lunenburgh was apprized at £(!?. that the same is much Province 
out of repair, and as a part of it must be sold and as the deceaseds chap.'io!' ' 
two Children are young, the eldest being but about five years of 
Age. Praying that she may have leave to sell the whole of the said 
Real Estate, they to be accountable. 

[Read and] 

Resolved That the Prayer of this Petition be so far granted that 
the Petitioners be and are hereby fully authorized and impowered 
to make sale of the Real Estate within mentioned for the most the 
same will fetch, and to execute a good deed or deeds in law of the 
same, they observing the directions of the Law relating to the Sale 
of Real Estates by Executors and Administrators, giving also suffi- 
cient caution to the Judge of Probate for the County of Worcester 
that the monies arising from the Sale thereof shall be applyed as 
follows viz* that the use of one third thereof be paid annually to 
the said Sarah Carter in lieu of her right of Dower in her late Hus- 
band Jonas Gilson's Estate now deceased, and that the just debts 
of the said Jonas be paid out of the remainder; the Overplus (if any 
there be) to be improv'd at interest, and the interest applied towards 
the education and support of the said two Children, and the prin- 
cipal paid to them when they shall arrive at lawful Age, or to their 
legal Representatives as also the other third hereby assigned to the 
Widow, after her decease. \_Passed January 17. 



282 



Province Laws {Resolves, etc.) . — 1762-63. [Chaps. 131-133.] 



CHAPTER 131. 



ORDER ALLOWING £3 TO JOSEPH MUXAM. 



House Jour- 
nal, p. 133. 



Rwonis'ofthe ^ PETITION of Joseph Mnxam of Bridgewater, Setting forth 
oouucii.xxiv., That he served the last Winter at Crown Point as a Soldier in the 
^^''' pay of the Province, and that being sent out on the Lake in order 

to bring in some provisions, he was by reason of the severity of the 
Season so frozen as that he has lost several of his Toes, whereby he is 
in a great measure disabled from Labour. And Praying an Allowance. 
Eead and 

Ordered That the Sum of Three pounds be allowed and paid out 
of the public Treasury to Daniel Howard Esq"" for the use of the 
Petitioner in full for his Sufferings mentioned. [Passed January 17. 



CHAPTER 132. 

ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 
Legislative j^ the House of Eepresentatives. 

Records of the i • i • i • r> n • i 

Council, xxiv.. The Kouse entered into the consideration oi Sick and wounded 

^^-'-^ Soldiers and the following Orders passed thereon viz*^ 

Archives, Ordered that the sum of Four pounds and one peny be granted 

^^^x., 245, 246, out of the Public Treasury to Joseph Williams Esq"" for the use of 
272,273. House Zebadiali Farnum in full. 

Journal, p. 137. Ordered That the sum of Four pounds and four shillings be 
granted out of the Public Treasury to Roland Cotton Esq"" for the 
use of Eichard Launders in full. 

Ordered that the sum of Three jDounds four shillings be granted 
out of the Public Treasury to Cap* John Brown of Leicester for 
the use of Joseph Trumball in full. 

Ordered That the sum of One pound nineteen shillings be granted 
out of the Treasury to Edward Hartwell Esq' for the use of Daniel 
Kitter in full. 

Ordered That the sum of Four pounds be granted out of the 
Public Treasury to EdAvard Hartwell Esq"" for the use of Martha 
Steward in full. 

In Council Eead and Concurred. [Passed January 17. 



CHAPTER 133. 



ORDER IN REGARD TO MAKING UP OF MUSTER ROLLS, &c. 



Legislative 
Records of the 
CouDcil, xxiv., 
508. 

House Jour- 
nal, pp. 126, 134, 
135. Ante, 
p. 133, chap. 
312. 



In the House of Eepresentatives 
Ordered That the Captains or Commanding Officers of Companies 
who were raised by this Province in the Year 1762 for the security 
of his Majesty's Dominions and the Possession of his Conquests in 
North America both at the Eastward and Westward be allowed the 
Pay of twenty five days after their return to their respective homes 
for making up their muster Eolls, also for their travel! to Boston in 
order to present the same for allowance, allowing twenty miles for 
a days travel, and that they be allowed to stop in a distinct column 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 283 

what they have advanced in Cash for their Men; and also for such 
necessaries as they have supplied them with, or given their Orders 
for before the Sutlers arrived in the camp ; also for such things as 
were absolutely necessary for their return home, and for what the 
said Men were indebted for the purchase of any deceased Soldiers 
Cloaths by them bought, and not being contrary to the Orders 
under which they acted: and also in a distinct Column what is 
due from the Men to the Sutlers: the Accounts of such Officers 
and Sutlers being first laid before a Committee of this Court for 
their inspection, that in behalf of said men they may make Objec- 
tions to any charge for supplies which they may judge unreasonable, 
and that Col" Phillips, Col° Clap, Maj"" Humphry, CoP Frye, Cap* 
Bacon, M"" Foster of Plymouth M'' Goldthwait, Cap*^ Brown of New- 
bury and General Winslow with such as the hon''"'' Board shall Join 
be a Committee for that purpose, any three of them to be a Quorum. 
Provided also that there be no greater stoppage made out of the 
wages of minors or Servants than one half of the same, exclusive 
of the Cloathing and other Supplies advanced by this Government; 
and also that fair copies of all such accounts be lodged with the 
Treasurer for the inspection of the Soldiers before any payment be 
made on the muster Rolls to the Sutlers who have any Allowance 
made them thereon. Provided also if any Soldier shall be unjustly 
charged in any of said Accounts either by the Officer or Sutler such 
officer or Sutler shall be liable to the Action of such Soldier, the 
determination of the Committee of this Court as aforesaid notwith- 
standing. 

Also 

Ordered That the several Captains and Commanding Officers in 
making up the muster Eolls of their respective Companies shall 
not only conform to the Establishment for the Wages both of the 
Officers and Soldiers, carefully distinguishing who are minors or 
Servants, and to whom they belong, but shall also make up those 
that are dismissed until their return into this Province, with allow- 
ance of so many days more as to carry them to their respective 
homes, accounting fifteen miles for a days travel; and those that 
are not dismissed and remain still in the service at the Westward 
until the first day of November last, and those that still remain in 
the Service at the Eastward until the first day of November last; 
and that there be a Column in said Muster Rolls, setting forth what 
is due to each man for billetting home at the rate of two pence ster- 
ling per day, accounting fifteen miles for a days travel from their 
entering into the Province to their respective homes. 

And Whereas many of said Soldiers were subsisted in their way 
home by the Taverners and Others on the credit of the Government. 

Therefore 

Ordered That before such Soldiers shall receive any part of what 
shall be due to him on said Roll for billetting he shall make Oath 
before some Justice of the Peace in the Province or before the 
Province Treasurer, who is hereby empowered to administer the 
same, that he hath not taken up so much upon the credit of 
the Province in his return home as is due to him for billetting, in 
that case he shall receive the ballance. 

And whereas many Soldiers who deserted have been appre- 
hended and afterwards Joined their respective companies. 

Ordered That the charges of apprehending said Soldiers, and 
sending them to their companies be deducted out of the said Sol- 



284 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 134, 135.] 



diers Wages and that a Stoppage be made in the Muster Roll ac- 
cordingly. 

In Council Eead and Concurred and Samuel AVatts and William 
Brattle Esq" are joined in the Affair. [^Passecl January 18. 



CHAPTEE 134. 



ORDER ADJOURNING THE COURTS OF WORCESTER COUNTY. 



Legislative Whereas divers of the Justices of tlie General Sessions of the 

couucii, xxiv., Peace, and Inferior Court of Common Pleas which by law are to 
^^'^- be held at Worcester in and for the County of Worcester on the 

and 



House Jour- 
nal, p. 138. 
Province 
Laws, iii., 64 
chap. 32. 



first Tuesday of February next are members of this Court: 
the Affairs of the Province now depending may require their at- 
tendance thereupon at the same time. 

Ordered that the Courts aforesaid that are by Law to be held at 
Worcester aforesaid on the first Tuesday of February next, be and 
hereby are adjourned to the second Tuesday of May next, then to 
be holden at Worcester in and for the County of Worcester at ten 
of the clock in the forenoon of said day; And all Pleas, Writts, 
Actions, Suits, Plaints, Processes, Precepts, Recognizances, and all 
other thing and things whatsoever returnable or having day or days 
in the said Courts shall stand abide and continue unto the said Ad- 
journment, and be held deemed and adjudged to be as good, effectual 
and available to all intents and purposes whatsover, as if said Courts 
had been held and kept on the day by Law for holding the same, 
and no adjournment of them had been made. \^Passed January 18. 



CHAPTER 135. 



ORDER ALLOWING £8 ANNUALLY TO THE TOWN OF TRURO. 



House Jour- 
nal, pp. 20, 21, 
36, 140. Prov 
Ince Laws, iv. 
631, note. 



Legislative X. PETITION of Elkanah Paine and Others a Committee of the 

Council, xxiv., Town of Truroc, Setting forth. That since the valuation taken the 
^^"- last year There has been great damage done by the Frosts and high 

winds the last Winter, whereby the best of their Lands, meadows 
and Beaches have been overwhelmed with the Sands some parts of 
which are buried more than eighteen inches therewith. And Pray- 
ing to be relieved in their Taxes. 
Read and in answer to this Petition 

Ordered^ That the sum of Eight pounds be annually paid to the 
said Town of Truro out of the Public Treasury until the next val- 
uation through the Province to enable them to keep their Beaches 
and extraordinary Fences in repair, and to enable them to pay their 
Province Tax. \^Passed January 18. 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 285 

CHAPTEK 136. 

ORDER GRANTING TO STE : KENT LICENCE TO KEEP AN INN. 

A Petition of Stephen Kent, Setting forth, That he hath lately Legislative 
hired a House in Roxbury which hath for many years been occupied councff, xx'i v^, 

as a Tavern, and was not long since improved as such by one God- oio^ ' 

dard ; that the Selectmen of Roxbury have approved of him for an House Jour- 
Innholder. And 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 License for that purpose. 

Read and 

Ordered That the Justices of the General Sessions of the Peace 
for the County of Suffolk be impowered to grant the Petitioner a 
License (if they see cause) to keep Tavern in the House mentioned 
Provided the Petitioner obtain the approbation of the Selectmen 
of Roxbury for that service. [Passed Janum'y 18. 



CHAPTEK 137. 

RESOLVE IMPOWERING MER'*' WALKER, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Meriam Walker, Administratrix of the Estate of Legislative 
Elisha Walker late of Taunton deceased, Setting forth, That the councif.xxiv!', 
said Estate is in debt £47.19.31/^ which money being on Interest, ^ 



and the Superior Court not to sit in said County 'till October next, ^.fi"®p''i*^^^i42 
Praying that this Court would empower her to make sale of so much Province 
of the Real Estate, as will enable her to discharge the said debts, cifap^lo.'' ^'^^' 

[Read and] 

Resolved That the Prayer of this Petition be so far granted as 
that the Petitioner Meriam Walker be and is hereby authorized and 
impowered to make sale of so much of the deceaseds real Estate 
not exceeding the value of Sixty pounds, as with the personal Estate 
shall be sufficient to pay his just debts and the charge and expence 
attending the said Sale, and to execute a good deed or deeds of the 
same, observing the directions of the Law relating to the sale of 
Real Estates by Executors or Adminors and giving sufficient cau- 
tion to the Judge of Probate for the County of Bristol that the 
money arising by tlie Sale thereof shall be applyed to tlie purposes 
aforesaid. [Passed January 18. 



CHAPTER 138. 

ORDER ALLOWING £60 AND A FURTHER SUM OF £22 TO ROB'^ BALL. 

A Petition of Robert Balls Keeper of the Light house. Setting Legislative 
forth, that his 29*^^ year of keeping said Light house expired on the councif, xx\v!, 

19'^'' of Nov'" last, for which last year he hath received no recom- ^H: 

pence, and that he has advanced the sum of Twenty two pounds ^°j"^,® ''i*'3^'"i42 
for Firewood for the benefit of the Light. And Praying a reimburs- ° •^'^" ' 



286 



Province Laws (i?esoZves, ete.). — 1762-63. [Chaps. 139, 140.] 



ment of the said sum and an allowance for his Service, And as the 
price of Provisions hath been very high, and he has had the misfor- 
tune to lose two stout negroes men, Praying that the same may be 
considered. 

Eead and in answer, 

Ordered That the sum of Sixty pounds be granted and paid out 
of the Public Treasury to the Petitioner for his Service as keeper 
of the Light house for one year ending the 19'^ day of November 
last, and the further sum of Twenty two pounds, expended by him 
for Firewood. [Passed January 18. 



Legislative 
Records of tiie 
Council, xxiv., 
51-2. 

House Joiir- 
nal.pp.UO, Ul. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 139. 

RESOLVE IMPOWERING EZRA HOUGHTON, GUARDIAN, TO SELL LANDS, 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Ezra Houghton of Lancaster Guardian to Joseph 
Brabrook and Hephzibah Brabrook, Minors Children of about three 
and four years of age, of William Brabrook late of Lancaster de- 
ceased. Setting forth, That he hath advanced for cloathing and 
boarding said minors £9.5.10 and hath agreed further for the same 
at the rate of 1/7^/^ ^ week. That the real Estate of said minors 
consists only of seven acres of Land lying in Lancaster apprized at 
£23.5.4 Avhich will not rent for more than twelve dollars a year. 
And Praying that he may be impowered to sell the same to reim- 
burse the said Sum, and for their further Support. 

[Read and] 

Resolved That the Prayer of this Petition be so far granted as that 
the Petitioner be, and is hereby fully authorized and impowered to 
make sale of the Lands therein mentioned for the most the same 
will fetch, and execute a good deed or deeds in the law of the same, 
observing the directions of the Law for the Sale of Heal Estates by 
Executors and iVdministrators and giving sufficient caution to the 
Judge of Probate for the County of Worcester that the money aris- 
ing by the Sale thereof shall be applied to the payment of what is 
due for the Support of the two Children of William Brabrook de- 
ceased therein mentioned, and also for their future maintenance 
until they shall come of age, and the Overplus (if any there be) 
then to be divided between them according to Law, [Passed Jan- 
uary 18. 



CHAPTER 140. 



RESOLVE IMPOWERING ELISHA CLARK, ADM«, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Record"Jniie ^ PETITION of Elisha Clarke of Harwich, Administrator of the 
Council, xxiv., Estate of Judah Hopkins late of Harwich deceased. Setting forth 

^— That the Estate of the deceased is in debt £52.9.8 more than his 

mii"p^ \t\^' personal Estate will pay. And Praying that he may be impowered 
to sell so much of the Real Estate as will satisfy said debt. 

[Read and] 

Resolved That the Prayer of this Petition be so far granted that 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 287 

the Petitioner Elislia Clarke in his said capacity be and hereby is 
fully authorized and impowered to make sale of so much of the 
Real Estate of the said Judah Hopkins deceased, where it will be 
least prejudicial to the remainder as will be sufficient to pay the 
said sum of Fifty two pounds 9/8, and the charge attending the 
Sale thereof shall be faithfully applied to the purposes aforesaid so 
that the just debts of said Judah Hopkins deceased may be satisfied 
and paid. \^Passed January 18. 



CHAPTER 141. 

ORDER FOR THE TRANSFER OF APPROPRIATIONS. 

Ordered That a Transfer of One Thousand pounds be made from Legislative 
the appropriation of armed Vessels to the appropriation for Grants coumJif, x*xu-^, 

That One thousand Pounds be transferred from the same Appro- 5 i6. ' 

priation to the Appropriation for Forts and Garrisons. House Jour- 

That a Transfer of One thousand pounds be made from the Ap- province"' 
propriation of Truck Trade to the Appropriation for the Commis- gif^^".^''*^"' 
sary's disbursments. \^Passed January 18. 



CHAPTER 142. 

ORDER IMPOWERING MATHER BYLES, GUARDIAN, TO JOIN WITH OTHER 
HEIRS IN SALE OF LAND. 

A Petition of Mather Byles, Guardian to his Son Samuel Byles, Legislative 
of Boston Setting forth, That his said Son with his other Children ^^cOTdsof the 

by his late Wife Anna Byles are interested about four niteenth parts 499^ 

in a piece of Land fronting on Oliver Street near Fort Hill which House Jour- 
was the Estate of her Father Oliver Noyes Esq"" late of Boston de- nai.P-i*s. 
ceas'd, which Land is under no improvement having no building 
upon it. And Praying that he may be enabled to make Sale of his 
said Sons interest therein. 

Read and 

Ordered That the Prayer of the Petition be granted : and that 
the Petitioner be, and he hereby is impowered in his capacity of 
Guardian to his son Samuel Byles to join with the other heirs in 
the Sale of the Land mentioned ; and with them to execute a good 
and sufficient deed or deeds of the same to such person or persons 
as shall appear to give the most therefor: He giving sufficient cau- 
tion to the Judge of Probate for the County of Suffolk to account 
for the money arising by the said Sale to his Son's share according 
to Law. {^Passed January 19. 



288 



Province ljAws{Iiesolves,etG.). — 1762-63. [Chaps. 143, 144.] 



CHAPTEE 143. 



Legislative 
Records of the 
Oouncll, xxiv., 

513. 

House Jour, 
nal, p. 142. 



RESOLVE IMPOWERING ELIS'^ GILBERT, ADM^ TO EXECUTE A DEED. 

A Petition of Elisabeth Gilbert Widow and Adniiiiistratrix of 
the Estate of Uriah Gilbert late of Brookfield Yeoman deceased, 
Setting forth. That her said Husband had sold to one Thomas 
Hardy a Lot of Land containing two Acres and received of him 
the price agreed for, but that he dyed before he had executed a 
deed of the premisses, And Praying Tliat She may be empowered 
to execute a deed of the same. 

[Eead and] 

Resolved That the Prayer of this Petition be granted, and that 
the Petitioner in her capacity be and is hereby fully empowered to 
make and execute a good deed of Sale of the two Acres of Land 
therein mentioned unto the said Thomas Hardy his heirs and Assigns 
according to the agreement of her late Husband Uriah Gilbert de- 
ceased with him in his Life time. [^Passed January 19. 



Legislative 
Records of the 
Council, xxiv., 
513. 

House Jour- 
nal, pp. 139, 140. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 144. 

RESOLVE IMPOWERING DANIEL KNOWER TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Mary Knower of Maiden, Daniel KnoAver and 
Others Children of the said Mary, Setting forth, That there was 
set off to the said Mary Knower as her Dower about eight acres of 
improved Land and four Acres of Wood land and one room in the 
dwelling house of her late Husband Jonathan Knower deceased 
Intestate, that by the help thereof, with her own labour She hath 
supported herself, but is now 75 years of age and almost past her 
labour. And as the House and Fences are much out of repair Pray- 
ing leave to make sale of the premisses, and that tlie Interest of 
the money it shall sell for may be applyed towards her support. 

[Eead and] 

Resolved That the prayer of this Petition be so far granted as 
that Daniel Knower Son to the Petitioner be, and is fully hereby 
authorized to make Sale of the Real Estate mentioned in said Peti- 
tion for the most the same will fetch and to execute good deed or 
deeds in the Law of the same, he observing the directions of the 
Law relating to the Sale of Real Estate by Executors or Adminis- 
trators and also giving sufficient caution to the Judge of Probate 
for the County of Middlesex that the money arising by the Sale 
thereof shall be applyed to the Support of his mother Mary Knower 
during her natural Life and the Overj^lus if any there be, to be 
divided after her decease to and among her Children or their legal 
Representatives. \^Passed January 19. 



[3d Sess.] Province 1j aw b {Resolves, etc.). — 1762-63. 289 

CHAPTEK 1^5. 

ORDER GRANTING TO CHA^ WRIGHT LICENCE TO KEEP AN INN. 

A Petition of Charles Wright of East Hoosuck, Setting forth ^|f^rd8o?the 
That in May last he removed with his Family into the House near council, xxiv., 

where the Old Massachusetts Fort stood. And as the Road is now ^li 

much frequented, and there is no licensed House within sixteen ^a^i^p® f^;"'"" 
miles of him, Praying that he may obtain a License to keep a Tav- 
ern in the said House. 

Read and 

Ordered That the Justices of the General Sessions of the Peace 
for the County of Berkshire be impowered (if they see cause) at 
their next term to grant the Petitioner a License to keep Tavern 
the remaining part of the year, the time for granted ' Licenses being 
elapsed notwithstanding. [^Passed January 19, 



CHAPTER 146. 

RESOLVE CONFIRMING TO THE SEVERAL PERSONS NAMED IN THE 
RESPECTIVE LISTS SIX TOWNSHIPS BETWEEN THE RIVER PENOB- 
SCOT AND THE RIVER ST. CROIX. 

The Plan of Six Townships granted by this Court in February Legislative 
last to David Marsh and Others taken by Benjamin Johnson and councu! x*x*i v^ 
Joseph Holt Surveyors, and Jonathan Dresser, Theophilus Mans- oi6. Mass. 
field, Jacob Sawyer and Nathanael Johnson, Chainmen on Oath Maps and 
was presented for Allowance. And Thereupon k.'sue^noi'm 

Resolved that the land described in this Plan including the allow- ^^^^^ j^^^. — 
ances therein made all the Islands herein described excepted be nai, p. i5l 
severally confirm'd so far as this Court lawfully may to the several chaplloi.' ' 
Persons named in the respective Lists to them and their Heirs. ^«/»'a. chap. 
Numbred from one to Six and on file in this Courts Records Pro- 
vided the lands described in the said Plan do not exceed the number 
of Acres therein sett forth. The whole remaining subject never- 
theless to all the conditions and reservations in the original Grant 
thereof made. [Passed January 20. 



CHAPTER 147. 

RESOLVE EXTENDING THE TIME FOR OBTAIN« THE CONSENT OF HIS Legislative 

MAJESTY TO THE CONFIRMATION OF THE GRANT OF SIX TOWNSHIPS. Records of the 

Council, XXIV., 
516. 



Resolved That the time allowed to the Proprietors of the Six House Jour- 
Townships at Penobscot to obtain his Majesty's Confirmation of "^pfa^ch&v. 
tlie Grant yesterday made be lengthned eighteen Months from this 1*6. 
time. \ Passed January 20. 

1 Sic. 



290 Province Laws {Resolves, etc.). — 1762-63. [Chaps. 148-150.] 



CHAPTER 148. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £3 FOR THE 
USE OF W^ HAWKINS. 

Legislative ^ PETITION of William Hawkins a Soldier in the pay of the 

Council, xxiv., Province in 1758 Setting forth That there was a stoppage of 

^^ Three pounds, made from his Wages in Cap* Richards's Muster 

mfM^p.'^so^io. -^oll for his Gun not being returned, which Gun he did however 
Province '^ ^ return on the 29"' of March 1759 to M'' Commissary Hubbard. And 
ciiaTjfsb. "'' '' Praying that He may receive out of the Treasury the sum so stopped 
as aforesaid 
[Read and] 

Ordered That the Prayer of the Petition be granted. And that 
the Province Treasurer be, and hereby is directed to pay out of the 
Treasury to Cap' Jeremiah Richards for the use of the Petitioner 
the Sum of Three pounds on his producing a Certificate from M"" 
Commissary Hubbard that the Arms t&c mentioned in the Petition 
have been returned, \^Passed January 20. 



CHAPTER 149. 

ORDER THAT THE SUM OF £21. 9. 8. 1 BE TAKEN FROM THE TAX ON 
THE PARISH AT NATICK FOR THE YEAR 1762, AND ADDED TO THE 
TOWN OF NEEDHAM. 

Records'of th ^ PETITION of Samuel Moore in behalf of the Selectmen of 
Council, xxiv., Natick Setting forth That after the last valuation, the General 

^— Court was pleased to set off near one fourth part of the Polls and 

nai'^pp!\°5i,'^i52 Estates of Natick and annex them to Needham : and as the Prov- 
155.' Province' incc Tax for 1761 was apportioned by the said valuation the General 
note. ' Jw<e, ' Court ordered that the sum of £21.9.8^4 should be abated to Natick, 
?9i!^' ^^*^' ^^^^^ added to the Town of Needham, Praying that the like order 
may take place for the year 1762. 
[Read and] 

Ordered That the sum of twenty one pounds nine shillings and 
eight pence one farthing be taken from the Tax laid on the Parish 
of Natick for the year 1762 & added to the Town of Needham, and 
that the Assessors of Needham be directed to assess said sum ac- 
cordingly. \Passed January 20. 



CHAPTER 150. 

ORDER IMPOWERING JOSIAH DRURY AND OTHERS, GUARDIANS, TO 
JOIN WITH OTHER HEIRS IN MAKING AND EXECUTING DEED OR 
DEEDS. 

Legislative \ PETITION of Josiali Drurv and Mehitable Drury Widow of 

Council, xxiv., Caleb Drury of Framingham deceased Intestate, and Caleb Drury 

^}2i son of said Caleb deceased, Elisabeth Angier Wife of Silas Angier 

mii"pp!\^i'^i54. ^^'^^ daughter of said Caleb, Bezaleel Rice and Benjamin Pepper 
Guardians to the Minor Children Setting forth That the said Josiah 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 291 

and Caleb were jointly siezed of certain Lands and Tenements which 
lay in common and undivided between them, which they had divided 
and improved by certain metes & bounds, but had not executed any 
Eeleases or Quitclaims to each other. And Praying that the Guar- 
dians of the Minors may be impowered to join with those who are 
of Age in executing proper Eeleases, agreeable to the division made 
as aforesaid. 

Eead and 

Ordered That the Prayer of the Petition be so far granted as that 
the Guardians of the minors of the heirs of the said Caleb Drury 
deceas'd be, and they hereby are impowered to join with the other 
of said heirs in making and executing such deed or deeds of Ee- 
lease as shall to all intents and purposes ratify and make valid in 
law the division made of the Lands and Tenements as mentioned 
in said Petition. ^Passed January 20. 



CHAPTBK 151. 

ORDER ALLOWING £100 TO NATHANIEL WHEELWRIGHT. 

A Memorial of Nathanael Wheelwright Esq' Setting forth That Legislative 
in 1758 one Eobert Hewes laid before his Excellency Governor Pow- councif, xxiv^, 
nail in Council a Memorial containing a Charge of the most heinous ^ 



nature against the Memorialist and his Father since deceas'd, that House .Jour- 

. nal DD 180 23S 

pursuant to a message from his Excellency to the General Court (.January, ' 
there was a full hearing had on the Subject, and on the 18 October i38^i^7^'^" ■^"'*' 
1758 it was resolved in Council unanimously that the said Eobert 
Hewes had not in any measure supported his Allegations, and 
ordered that his memorial be dismissed as groundless, and a Com- 
mittee of the two Houses was appointed to consider what was proper 
for the Court further to do in the Affair, but the said Committee 
have made no Eeport. And further setting forth That his said 
Father John Wheelwright Esq'' now deceased had in June 17(50 de- 
livered in to the Court a memorial praying an Allowance for sundry 
Services by him performed as therein particularly mentioned. And 
Praying that the matters aforesaid may be revived, and acted upon 
as shall be judged proper. 

Eead and 

Ordered That the sum of One hundred pounds bo granted and 
paid out of the Public Treasury to the memorialist in full consid- 
eration for the sundry Services of John Wheelwright Esq'' deceased. 
{^Passed January 21. 



CHAPTER 152. 

RESOLVE IMPOWERING RACHEL THAYER, ADM^, TO MAKE AND EXE- 
CUTE A DEED. 

A Petition of Eachel Thayer Administratrix of the Estate of ^ff^^jf^'^fVe 
Sam' Thayer late of Mendon deceas'd Setting fortli. That on the couacii, xxiv., 

6'" day of May 1761 the deceased sold unto Samuel White about ^^ 

eighty Acres of Land with a House and Barn thereon for the sum na^i^ppl'^rsMST. 
of One hundred pounds for which the said Samuel White gave his 



292 



Province Laws (i?eso/ves, e^c). — 1762-H3. [Chaps. 153,154.] 



Notes of hand, yet unpaid; and the deceased gave his Bond to make 
a deed of the premisses on or before the 6 day of May 1764, And 
Praying that she may be enabled to make and execute a deed of the 
same upon payment of the sum agreed for. 

[Read and] 

Resolved That the Prayer of this Petition be so far granted as 
that the Petitioner in her capacity upon receiving the money due 
upon the Notes therein mentioned be, and She hereby is impowered 
to make and execute a good deed of the Land &c^ in said Petition 
mentioned to the said Samuel AVhite his heirs and assigns forever; 
She to be accountable to the Judge of Probate for the County of 
Worcester for the money so received. ^Passed January 21. 



CHAPTER 153 



ORDER ALLOWING THE COMMISSIONERS OF INSOLVENCY FURTHER 
TIME FOR RECEIVING CLAIMS ON AN ESTATE. 



Legislative 
Records of the 
Council, xxiv., 

5-20. 

House Jour- 
nal, p. 158. 



A Petition of Roland Cotton Esq"" Setting forth That he is a 
Creditor to the Estate of George Harrington late of Brookfield 
deceased, which has been represented Insolvent. That the Com- 
missioners notifyed the Creditors in the public News papers to 
bring in their Claims, on sight of which he wrote to Jedidiah 
Foster Esq'' the Chairman and exhibited his Claim; but his Letter 
and Account did not come to hand 'till the Commissioners had 
rendred their Account. And as no distribution has as yet been 
made of the deceaseds Effects, Praying that his Claim may still 
be admitted. 

Read and 

Ordered That the Prayer of the Petition be granted, and the 
Commissioners are hereby allowed one month from this time to 
receive any Claims to the Estate within mentioned, the time by 
Law allowed being elapsed Notwithstanding. \^Passed January 21. 



CHAPTER 154. 

ORDER IMPOWERING SAM'- DENNY, ESQ'', GUARDIAN, TO SELL LAND 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
521. 

House Jour- 
nal, p. 156. 
Province 
Laws, ii., 161, 
chap. 10. 



A Petition" of Samuel Denny of George Town, Setting forth 
That his daughter Rachel Denny is entitled from her Mother the 
Petitioners late Wife and from her Brother by the same Mother to 
part of the Estate of John White late of North Yarmouth deceased 
that his said daughters right, who is a minor, is small and of little 
profit, and the Others interested therein are desirous of Selling, but 
cannot unless the whole Interest is sold intire: And Praying that 
he may be enabled to make Sale of his said daughters Right in the 
premises 

[Read and] 

Ordered That tlie Petitioner Samuel Denny Esq'' (in his capacity 
of Guardian) be and hereby is impowered to make sale of the Lands 
mentioned for the most the same will fetch, and to execute a good 
and sufficient deed or deeds therefor, he observing the directions 



[3d Sess.] Province Laws (Besoluex, etc.). — 1762-63. 293 

of the Law with respect to the Sale of Keal Estates by Executors 
and Administrators and giving sufficient caution to the Judge of 
Probate for the County of Lincoln to account for the proceedings 
of such Sale as soon as said Minor shall come of Age. [Passed 
Januai'y 21. 



CHAPTER 155. 

ORDER ALLOWING COL*^ RICHARD SALTONSTALL TO STOP FROM THEIR 
WAGES 18/ FOR EACH BLANKET DELIVERED TO THE SOLDIERS. 

A Memorial of Richard Saltonstall, Colonel of one of the Pro- Legislative 
vincial Regiments, Setting forth, That upon finding the Blankets councif xxw^ 
given to the Troops in the Spring almost worn out, he took care 522. 
to see that each man who reinlisted to stay the Winter should be House Jour- 
furnished with one amounting in the whole to two hundred ninety 1^0.' ^^' ^'^'^^^' 
eight, which Supply was furnished at the request of the Officers. 
And Praying that Stoppages may be made for the Amount of said 
Blankets. 

Read and 

Ordered That the Memorialist be allowed a Column for stopping 
eighteen shillings for each Blanket delivered the two hundred and 
sixty four in the Rolls now to be made up for their payment ; and 
a Column for the same purpose in the Rolls for the payment of the 
thirty four which are to be made up at the expiration of the time 
they inlisted for. [Passed January 22. 



CHAPTER 156. 

ORDER DIRECTING THE PROVINCE TREASURER TO DISCHARGE THE 
SEVERAL CONSTABLES OF THE TOWN OF WRENTHAM OF THE SEV- 
ERAL SUMS COMMITTED TO THEM FOR COLLECTION FROM 1751 TO 
1760 INCLUSIVE. 

A Petition of Timothy Metcalf of the Town of Wrentham Set- Legislative 
ting forth That since the Year 1751 the Town of Wrentham has council, xxiv., 

been assessed to the Province Tax for such of their Inhabitants as °^ 

were by the late running of the Line betwixt this Government and ^aTrf siT'* 
Rhode Island annexed to the latter, every year 'till the taking of (April, i762) ; 
the last valuation 1761, which several Assessments amount in the Ince LawMv., 
whole to £337.15.3% and which they were restrained from collect- ^'^^1^.'' 
ing by order of the General Court, notwithstanding which the Town 389| chap.' 322. 
lyes lyable to the Province Treasurers Executions, And Praying that 
they may be discharged of said sum. 

Read and 

Ordered That the Prayer of the Petition be so far granted as that 
the Treasurer be and he is hereby directed and ordered to discharge 
the several Constables of the Town of Wrentham from the Year 
1751 to 1760 inclusively, of the several sums committed to them 
by the Assessors of said Town to collect from the Polls and Estates 
that were seperated from them by the running of the Line between 
this Government and Rhode Island, amounting in the whole to Three 
hundred and thirty seven pounds fifteen shillings and three pence 
three farthings. [Passed January 22. 



294 



Province 1jx\n& {^Resolves, etc.). — 1762-63. [Chaps. 157, 158.] 



CHAPTEK 157. 



RESOLVE THAT THE SIX TOWNSHIPS BETWEEN THE RIVER PENOB- 
SCOT AND THE RIVER ST. CROIX BE CONFIRMED TO THE PERSONS 
ON THE LISTS AS AMENDED. 



Legislative 
Records of the 
Council, xxiv., 
523. 

House Jour- 
nal, p. 162. 
Ante, p. 289, 
chap. 146. 



In the House of Eepresentatives 

Whereas by a Vote of this Court passed in this House the 19"* 
Instant and concurred in Council the 20"" and consented to by the 
Governor certain Townships as described in a Plan to which the said 
Vote is annexed are confirmed to several persons named in the re- 
spective Lists as upon File in this Courts Eecords: And Whereas 
divers persons originally named in the said Lists filed did not com- 
ply with the terms of the Grant by giving Bond as required, and 
other names have been supplied in their stead : Therefore 

Resolved that it is to be understood and the said Townships are 
accordingly confirmed to the several persons named in the respec- 
tive Lists now exhibited as corrected or amended, and Avhose Bonds 
are lodged in the Treasurys Office, to them and to their heirs, so 
far as this Court lawfully may under the limitations and provisoes 
of the said first mentioned Vote. And that the Secretary be directed 
to record the Lists now presented in the General Courts Book of 
Eecords. 

In Council, Eead and Concurred, \^Passed January 24. 



CHAPTER 158. 



ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxiv., 
524. 

House Jour- 
nal, p. 161. 



The House entered into the consideration of the Petitions of 
Sick and Wounded Soldiers, and the following Votes passed upon 
them Viz' 

Ordered That the Sum of Seven pounds and seven shillings be 
granted out of the Public Treasury to James Otis Esq' for the use 
of William Nickerson in full. 

Ordered That the sum of Eight pounds and one shilling be 
granted out of the Public Treasury to Charles Prescot Esquire for 
the use of the Petitioner Joseph Hayward in full. 

Ordered that the Sum of Seven pounds eight shillings and nine 
pence be paid out of the Public Treasury to Captain Solomon Pep- 
pers for the use of the Petitioner Samuel Smith in full. 

Ordered that the sum of two pounds ten shillings be granted out 
of the Public Treasury to Cap' Abel Lawrence for the use of the 
Petitioner Jacob Smith in full 

Ordered That the sum of Three pounds thirteen shillings and 
six pence be granted out of the Public Treasury to Cap' Wood- 
bridge Brown for the use of the Petitioner Eliakim Briggs in full. 
l^Passed January 24. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1762-63. 295 



CHAPTER 159. 

RESOLVE IMPOWERING THO^ LOVELL, JUN", ADM« TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Thomas Lovell Juu'' Administrator of the Estate ^^'f'^'^^^f.w 
of George Lovell late of Sutton deceased. Setting forth, That the couucii, xxiv., 

deceaseds personal Estate is not sufficient to pay his just debts bv ''^ 

£14.10.1. That his Keal Estate consists of about 40 Acres of Land ^['"pp.'^^'eMe;. 
with the Buildings thereon appraised at £96 That the deceased left Province 
five children, the eldest about nine years of age : That selling apart ciiap!'io.'' ' 
of the Estate would greatly injure the rest. And Praying leave to 
sell the whole. 

[Read and] 

Resolved That the Prayer of this Petition be so far granted as 
that the Petitioner in his capacity be, and he hereby is impowered 
to make Sale of the Real Estate of the deceased for the most the 
same will fetch and to pass and execute a good deed or deeds thereof 
to the purchaser or purchasers, he observing the directions of the 
Law relative to the Sale of Real Estates by Executors and Admin- 
istrators and giving caution to the Judge of Probate for the County 
of Worcester to apply the proceeds of two thirds thereof for the 
payment of said deceaseds debts and the reasonable charge which 
has hitherto arisen for bringing up the said Children, as the said 
Judge shall allow, and, the remainder of said two thirds (if any 
there be) be improved at interest, the interest arising thereon to 
be employed for the education of the children, and the principal 
paid to them, that is to say, their several Shares therein, as they 
shall respectively come of age: the other third to be enjoyed by the 
deceaseds AVidow during her natural life in lieu of her Dower and 
at her Death to be divided among the legal heirs of said deceased 
according to Law. \^Passed January 25. 



CHAPTER IGO. 

RESOLVE SETTING OFF CERTAIN PERSONS WITH THEIR ESTATES FROM 
UPTON TO WESTBOROUGH. 

A Petition of Elijah Rice and Solomon Miller of Upton, and Rgfordsof^he 
Barnabas Newton of Westborough Setting forth That the Peti- council, xxiv., 

tioners Rice and Miller live in the Western part of Upton in a — 

remote Corner whereby they are deprived of the benefit both of Su^pp^^^eriea. 
the public Worship and of the School in said Town, and the Peti- 
tioner Newton owns a piece of Land in the same Corner sufficient 
for a Settlement. And having a good Road to Westborough Meeting 
House they have applyed to said Town to receive them, which was 
accordingly granted, and the Town of Upton had before upon the 
Petition of the former Owners of said Lands agreed to set them 
off to Westborough, Therefore Praying that this Court would set 
them off accordingly. 

[Read and] 

Resolved that the Prayer of this Petition be so far granted as 
that the Petitioners together with their Families, Lands and Estate 



296 



Province Laws (i?eso?yes,e^c.). — 1762-63. [Chaps. 161, 162.] 



lying in Upton containing Two hundred and thirty eight Acres being 
and lying in a triangular Form bounding on Westborough Line 390 
Eods on Grafton line 214 Rods be, and they hereby are annexed to 
the Town of Westborough there to do duty and receive priviledge 
for the future. The Petitioners to pay the Town of Upton all Taxes 
already assessed on them and their Estates. [Passed Jmiuary 25. 



CHAPTEE 161. 



Legislative 
Records of the 
Council, xxiv., 
335, 529. 

House Jour- 
nal, p. 304 
(April, 1762) ; 
pp. 67, 161. 



ORDER REVIVING THE PETITION OF ATHERTON WALES AND OTHERS 
TO BE SET OFF FROM STOUGHTON AND ANNEXED TO THE THIRD 
PRECINCT IN BRAINTREE. 

A Petition of some of the Inhabitants of the Third Precinct 
in Stoughton in the County of Suffolk Setting forth That they 
live Remote from the place of Public Worship, in said third Pre- 
cinct, and have born their proportion of all the Charges arising 
therein for near ten or twelve Years past, and received no benefit 
thereby they having attended the Publick Worship in Braintree 
3'* Precinct which is much nearer and vastly better travelling, and 
so have lain under the Burden of Paying two Ministers, Praying 
they and their Estates may be annexed to the said third Precinct 
in Braintree, there to receive Priviledge & do duty. 

[Read and] 

Ordered That the Petition of Atherton Wales and Others of 
Stoughton praying to be annexed to the third Precinct in Braintree 
be revived, and that the Petitioners Atherton Wales, Nathanael 
Wales, David Vinton, Moses Wales, Thomas Penniman, Joseph 
Lovell and Nehemiah Blanchard, they and their Estates be, and 
shall be annexed to the third Precinct in Braintree, to do duty and 
receive priviledge there, two Years from this time, except this Court 
are fully satisfied within two years that the beforementioned Town 
Way is well and sufficiently repaired and made feasible and conven- 
ient for travelling with Horses, and the aforenamed persons deliv- 
ered from their present burthens and inconveniencies by reason of 
the badness of said way. [Passed January 26. 



CHAPTER 162 



Legislative 
Records of tlie 
Council, xxiv., 
630. 

House Jour- 
nal, p. 171. 



ORDER WITH NOTICE AND STAY OF EXECUTION ON THE PETITION OF 
DAV" BALDWYN TO APPEAL FROM A DECISION OF REFERREES. 

A Petition of David Baldwyn of Sudbury Setting forth That 
at the Inferior Court of Common Pleas held at Concord in Septem- 
ber last Bezaleel Learned of Watertown brought his Action against 
the Petitioner upon the ballance of Accounts then between them, 
at which Court the said Action was referred with all demands to 
the determination of Samuel Livermore Esq'' and Mess" Alexander 
Shepard and Jonas Dix who in December last made report that the 
Petitioner should pay the said Learned the sum of £11.18 and Costs 
and Judgment was rendered accordingly, by which he apprehends 
himself injured there being a mistake of £4.18.4 which the Ref- 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 297 

errees are now sensible of, besides other Errors. And Praying that 
he may be reheared on the iVction, and that the same may be either 
tryed by a Jnry or recommitted to the same Eeferrees. 

Read and 

Ordered That the Petitioner serve tlie. adverse Party Bezaleel 
Learned with a copy of this Petition that he shew cause (if any 
he have) on Friday the 4*'' day of February next wliy the Prayer 
thereof should not be granted: and Execution within mentioned 
is stayed in the mean time. \^Passed January 2Q. 



CHAPTER 163. 

VOTE CHOOSING HARRISON GRAY, ESQ«, PROVINCE TREASURER. 

According to Agreement the two Houses proceeded to the Legislative 
choice of Civil Officers for the present Year when Harrison Gray coimcif x x\ v** 
Esq"" was chosen Treasurer and Receiver General for the Province 53i. 
abovesaid by a Major part of the Council and House of Represent- House Jour- 
atives. {^Passed January 26. nai.pp.ns.m. 



CHAPTER 164. 

VOTE CHOOSING HON'*'-*' THOMAS HUBBARD OFFICER FOR PURCHAS« 

PROVISIONS. 

According to agreement the two Houses proceeded to the Legislative 
choice of Civil Officers for the present Year, when the hon^"= counc'if xiiv^ 
Thomas Hubbard Esq'' was chosen the Officer for purchasing Pro- 53i. 
visions &c for the several Forts and Garrisons, by a Major part of House Jour- 
the Votes of the Council and House of Representatives. ^Passed °*i»p-i**- 
January 26. 



CHAPTER 165. 

VOTE CHOOSING JAMES RUSSELL AS IMPOST OFFICER. 

According to agreement the two Houses proceeded to the Legislative 
choice of Civil Officers for the present Year when James Russell councn^ xx^v^ 
Esq' was chosen Commissioner of Impost by a major part of the s si. 
Council and House of Representatives. \^Passed January 26. House Jour- 



CHAPTER 166. 

vote choosing COLLECTORS OF EXCISE. 



According to agreement the two Houses proceeded to the Legislative 
choice of Civil Officers for the present Year, when the under- coundf.xxw^, 
written Persons were chosen Collectors of Excise on spirituous ssi. 



298 



Province Laws {Resolves, etc.). — 1762-63. [Chap. 167.] 



Surp!i74^^ Liquors &c for the several Counties hereafter mentioned by a 

major Vote of the Council and House of Representatives. 

County of Suffolk M' Thomas Fletcher 

County of Middlesex M'' John Remington 

Essex Daniel Epes Esq"^ 

Hampshire M"" Gad Lyman 

Worcester M' Levi Willard 

Plymouth M'' Nathanael Little 

Barnstaple Nathanael Stone Esq'' 

Bristol Thomas Gilbert Esq'' 

Dukes County James Allen jun"" Esqi" 

Nantucket M'' Tho* Arthur 

Cumberland M'' Theophilus Bradbury 

Lincoln ...... M'' Thomas Moulton 

Berkshire M"" Elisha Jones jun'' 

[Passed January 26. 



CHAPTER 167. 

RESOLVE IMPOWERING ARTRR S'^ CLAIR AND PHOEBE HIS WIFE AND 
JOHN ELIOT AND SARAH HIS WIFE, TO SELL LANDS AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
527. 

House Jour- 
nal, pp. IK), 177. 



A Petition of Arthur S* Clair and Phrobe his AVife and John 
Elliot and Sarah his Wife Setting forth That the said Arthur and 
Phoebe in her right and John and Sarah in her right as heirs and 
legal Representatives of the Hon^'^ James Bowdoin Esq"" deceas'd 
are seizd in common and undivided, with other persons of and in 
a messuage and Land in Boston, also of a messuage and Tracts of 
land in Bedford in the County of Middlesex containing about 100 
Acres, also of a Tract of Land in Leicester containing 200 Acres, 
also two Tracts of Land in Spencer, also a Tract of Land in Lan- 
caster containing 78 Acres and four Acres of meadow Avith Build- 
ings thereon, also a Farm in Brookfield and a Tract of meadow and 
Swamp there containing ten Acres, also a piece of meadow Land 
in Springfield about eight x\cres, also a Tract of Land in Westfield 
containing ten Acres, and sundry other pieces of Land within this 
Province. That the said Estates will not yield near the advantage 
that can be made by the Sale thereof, and as all the other heirs are 
desirous of Joining with the Petitioners in the Sale thereof, but the 
said Phoebe and Sarah are not yet of full age. Praying that they 
may be impowered to make sale of their several Interests in the 
premisses. 

Read and 

Resolved That the Prayer of this Petition be so far granted as that 
the Petitioners be and they hereby are impowered to make sale of 
their Interest in the within mentioned Real Estate, and to pass and 
execute a good deed or deeds to the purchaser or purchasers of the 
same; the said Arthur S' Clair and John Elliot giving sufficient 
Security to the satisfaction of the other heirs to pay tlie value of 
the respective Shares of the said Phoebe and Sarah to their surviv- 
ing Brothers and Sisters or their Representatives, or to pay such 
Survivors sucli Sum or Suras as they the said S' Clair and Elliot 
shall receive for any part of said Real Estate in ' case either the said 
Phoebe or Sarah respectively dye before the age of twenty one years 
and without Issue. And the said Arthur S' Clair and John Elliot 
shall also give Security to the satisfaction of the Judge of Probate 

' See House Journal, p. 177. 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 



299 



for the County of Suffolk to pay (in case the said Phrebe and Sarah 
respectively shall survive their Brothers and Sisters and dye before 
the age of twenty one years and without Issue) to the next of kin 
sucli Sum or Sums as they shall respectively receive for any part 
of the said Real Estate to be by them sold by vertue hereof. And 
the deed or deeds to be executed by the Petitioners shall to all 
intents and purposes be as valid and effectual in LaAV as if the 
said Phoebe and Sarah were arrived to the age of twenty one Years 
at the time of their executing them. \^Passed January ^7/ 



CHAPTER 168. 



VOTE CHOOSING NOTARIES PUBLIC FOR ALL COUNTIES. 

The two Houses according to agreement proceeded to the choice Legislative 
of Civil Officers for the present Year, which was left unfinished councif xxu^^ 
yesterday, when the following persons were chosen Public Notaries 53-2. 
for the several Ports hereafter mentioned by a major Vote of the House Jour._ 
Council and House of Representatives A'iz' na.pp- "J. < 



For the Port of Boston, 
For, Salem 

Marblehead 

Glocester . 

Newbury . 

Plymouth 

Barnstaple 

Bristol 

York 

Kittery . 

Wells 

Cumberland, 

Lincoln . 

Dukes County 

Nantucket 



\^Passed January 37. 



Ezekiel Goldthwait Esq"" M'' Ezekiel Price. 

John Nutting Esq'' 

John Chipman Esqi" 

Daniel Witham Esq^ 

William Atkins Esq'' 

Edward Winslow Esq'' 

Solomon Otis Esq'' 

Thomas Gilbert and Elisha Tobey Esq'^" 

Daniel Moulton 

Charles Chauncey Esq'" 

M"" John Wheelwright 

Stephen Longfellow Esq"" 

M'' Thomas Allen 

John Norton Esq 

Obed Hussey. 



CHAPTER 169 



ORDER ACCEPTING REPORT OF COMMITTEE AND DIRECTING THE SEC- 
RETARY TO RECORD THE NAMES OF CERTAIN PERSONS AS GRAN- 
TEES OF LAND BETWEEN PENOBSCOT & ST. CROIX RIVERS. 



The FOLLOWING Report was presented by the Committee ap- 
pointed for the purposes therein mentioned viz' 

The Committee appointed to take bonds of the Petitioners for 
a Grant of a Township of Land granted to Wait Wadsworth and 
Others living at or near Duxborough, which Lands are lying between 
the Rivers Penobscot and S' Croix and called N" 3, in that division 
liave attended that Service, and have taken sixty Bonds well exe- 
cuted for the Sum of Fifty pounds each of three persons viz' twenty 
two of Francis Shaw fifteen of Nathan Jones, and twenty-three of 
Robert Gould who appeared to give said Bonds in the room of the 
Petitioners who refused and neglected to give said Bonds, agreeable 

' This date is according to the House Journal ; according to Legislative Records of 
the Council the date is January 2o. 



Legislative 
Records of the 
Council, xxiv., 
533. 

Legislative 
Records of the 
Council, xxiv., 
44S bis. House 
Journal, 
pp. 169, 170. 
Ante, p. 173, 
chap. 402; 
p. 182, chap. 
421. 



300 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 170, 171.] 



to the condition of said Grant, and have delivered the same to the 
Province Treasurer. 

Which is humbly submitted Gam^ Bradford by order. 

Read and 

Ordered That this Report be accepted, and the Secretary is hereby 
directed to record the names of the abovementioned Persons in the 
General Courts Books accordingly. [^Passed January 27. 



Legislative 
Records of the 
Council, xxiv., 
533. 

House Jour- 
nal, pp. 168,171, 
172. 



CHAPTEK 170. 

RESOLVE ALLOWING £6 TO JOSEPH CHAMBERLAIN AND HIS WIFE. 

A Petition of Timothy Paine Esq"" Setting forth That one Joseph 
Chamberlain living upon a Gore of land in the County of Worces- 
ter on Connecticut line, and without the Bounds of any Town hav- 
ing represented to the Court of Sessions his poor and distressed 
Circumstances they made him a Grant of Three pounds for the 
relief of him and his Wife; but as they are properly a Province 
Charge the said Court did order the Petitioner to represent the 
case to tliis Court. And Praying that they would take the same into 
consideration and grant such Relief as they shall think proper. 

[Read and] 

Resolved That the Prayer of this Petition be so far granted as 
that there be allowed and paid out of the Public Treasury to Edward 
Davis Esq'' of Oxford the sum of Six pounds to be by him applyed 
and laid out for Necessaries for the subsistence and comfort of the 
withinmentioned Joseph Chamberlain and his Wife. [^Passed Jan- 
uary 27. 



CHAPTER 171. 



RESOLVE DIRECTING THE PROVINCE TREASURER TO GIVE BOND FOR 
THE FAITHFUL DISCHARGE OF HIS DUTIES, AND APPOINTING A 
COM'T^'^ THEREON. 



Legislative 
Records of the 
Council, xxiv., 
.034. 

House Jour- 
nal, p. 173. 
Ante, p. 297, 
chap. 163. 



In the House of Representatives 
Resolved that no person who shall be chosen by this Court into 
the Office of Treasurer and Receiver General for this Province for 
the present Year shall be esteemed duly qualified to enter upon the 
execution of that Office until he shall first have an Oath administred 
to him for his faithful performance of his said Office; and shall give 
bond with sufficient Sureties to the acceptance of a Committee ap- 
pointed by this Court for that purpose in the Sum 'of Thirty thou- 
sand pounds lawful money to three eldest Counsellors in the Province 
for the time being, who are hereby appointed a Committee in behalf 
of the Province, and especially authorized for this purpose; which 
Bond shall be conditioned for such Treasurers truly and faithfully 
discharging the duty of his Office according to Law, and for his 
rendring an account when and 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 and truly pay- 
ing to his Successor in said Office or to any other Person that may 
be appointed by the General Court to receive the same, all such 



[3d Sess.] FROvmcE IjAws (Besolves, etc.). — 1762-63. 301 

sum or sums of money as upon such Settlement of his said Account 
or otherwise shall be found due and payable from him to this Prov- 
ince: provided that the said Bond be put in Suit within two Years 
next after the date hereof; otherwise to be void and of no Effect: 
And That Royall Tyler and Thomas Gushing Esq''* with such as 
the honorable Board shall join, be a Committee to Judge of the 
sufficiency of such as may offer to become Sureties for the Treas- 
urer as aforesaid. 

In Council Eead and Concurred and Thomas Flucker Esq' is 
joined in the Affair. [Passed January 21 . 



CHAPTER 172. 

ORDER IMPOWERING MARTHA CHENEY, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Martha Cheney, mother and Guardian of three Legislative 
Children, minors, with whom she was left by John Cheney late of council xxiv^, 

Eoxbury without any means of subsistence Setting forth That she ^^ \ 

hath with great difficulty supported herself and them for five years. House Jour- 
and now by the death of said Cheneys mother a small piece of Land proviiice ' 
about six Acres has fallen to them, lying in Cambridge but so inter- ^if^^'/o'* ^^^' 
mixed with Lands of other heirs that it can be of no advantage to 
them as to improvement And Praying leave to make sale of the 
same. 

Read and 

Ordered That the Prayer of the Petition be granted; and that 
tlie Petitioner be and hereby is impowered to make sale of the 
premisses for the most they will fetch, and to make and execute 
a good deed or deeds thereof in the Law, She observing the direc- 
tions of the Law for the Sale of Real Estates, and giving proper 
caution to the Judge of Probate for the County of Middlesex that 
the proceeds coming by such Sale shall be secured and the Interest 
thereof applyed to the benefit of the Minors. [Passed January 27. 



CHAPTEE 173. 

ORDER IMPOWERING THE CONSTABLES OF THE DISTRICT OF SPENCER 
TO COLLECT A MINISTERIAL TAX. 

A Petition of John Eliot and Others Selectmen of Spencer Set- Legislative 
ting forth that the assessors for the Year 1760 thro' mistake did not councif, xxiv., 

assess the Polls in said District so much as the Law directed ; that ^^ 

the Collectors to whom the Assessments were committed did not- QaT^^/i3i^i72 
withstanding collect the greater part thereof, but a small number 
tho: in general not injured take advantage of said mistake and neg- 
lect to pay their respected Rates. And Praying That said Assess- 
ment may be confirmed, or that the Assessors may be impowered to 
amend the same so far as it respects the said delinquent Inhabitants. 

[Read and] 

Ordered That the Prayer of the Petition be so far granted as 
that the Constables of the District of Spencer be, and hereby are 



302 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 174, 175.] 



impowered to collect the remaining part of the Tax for the Eev*^ 
M'' Eatons Salary on the Assessment that was made in 1760 and 
enforce the payment thereof according to the direction of the Law, 
notwithstanding the mistakes mentioned in the Petition. \^Passed 
Jamiary 27. 



CHAPTEE 174. 



ORDER ALLOWING £8 TO ABIGAIL DRUCE. 



Legislative 
Records of tbe 
Council, xxiv., 
536. 

House Jour- 
nal, pp. 169, 177. 



A Petition of Abigail Druce ' Widow of Ichabod Druce of 
Grafton deceased. Setting forth, That the said Ichabod Druce was 
a Soldier in the pay of the Province in 1758, who being on a De- 
tachment to Lake George was taken Captive and carried to Canada 
where he remained till the reduction of the place in 1759 when he 
embark'd to come home, but died on board the Vessel on the 5* 
November the same Year, And Praying an Allowance. 

Read and 

Ordered That the Sum of Eight pounds be granted and paid out 
of the Public Treasury to M' Solomon Prentice for the use of the 
Petitioner in full. \^Passed January 27. 



CHAPTER 175. 



ORDER ACCEPTING REPORT OF COMMITTEE ON THE PETITION OF 
NATHANIEL KELLOGG AND OBADIAH DICKINSON IN REGARD TO 
BOUNDARY LINES AND APPOINTING A NEW COMMITTEE THEREON. 



Legislative 
Records of tlie 
Council, xxiv., 
524, 536. 

Legislative 
Records of the 
Council, 
xvii. (3), 541; 
xxiv., 530, 533. 
House Jour- 
nal, pp. 1.56, 171, 
182. Province 
Laws, iv., 864, 
note; xii., 181, 
chap. 132; 332, 
chaj). 160; xiii., 
30, chap. 40; 95, 
chap. 198. 



A Petition of Nathanael Kellog and Obadiah Dickinson a Com*" 
of the Proprietors of Hunts Town Setting forth That in the Year 
1736 the General Court made a Grant of a Tract of Land of 6 miles 
square to the Officers and Soldiers in the Canada Expedition in the 
Year 1690 of Cap' Ephraim Hunts Company, a plan of which was 
returned to the Court and by them accepted 19"' Dec"" 1736. That 
no Plan or Bounds of the Town of Deerfield had then been ac- 
cepted and settled by the Court, but that afterwards in 1741 the 
Inhabitants of said Town presented a Plan which was accepted by 
the Court with the usual provisoes, which Plan running in uj^on 
the Plan aforesaid of Hunts Town and cutting off several thousand 
Acres therefrom, the Proprietors in the Year 1742, petitioned the 
Court for an Equivalent, and a Grant passed the two Houses for an 
Equivalent in Land to be laid out West of and adjoining to said 
Hunts Town; but by some accident did not pass the Chair, And 

Praying that a Committee may now be appointed to ascertain the 
Bounds of Deerfield and of Hunts Town according to their original 
Grants. 

The Committee to whom was referred the Petition of Nath' 
Kellog and Obadiah Dickinson have met and considered the same 
(the Petitioners and the Representative of Deerfield being first 
heard thereon) and beg leave to report that it is convenient that 
a Com*'^'^ be appointed and sent from this Court and fully author- 
ized and impowered to run the Lines and ascertain the Bounds 

' The House Journal, p. 169, reads, "Bruce ;'" on p. 177, reads, " Druce." 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 303 

between Deerfield and Hunts Town, and Deerfield and the Prov- 
ince Lands adjoining on the West of Deerfield and North of Hunts 
Town according to the several and original Grants of Deerfield and 
Hunts Town, and especially to run and fix the dividing Line between 
said Towns, in order to put and ' end to all disputes between them 
relative to their Boundary Line (first notifying both said Towns of 
their running and fixing said Line, that they may be present if they 
see cause) and make report of their Doings to this Court at their 
next May Session. The Charges of this Committee to be borne as 
this Court shall order. All which is submitted 

James Otis ^ order 

In Council Read and Accepted, and 

Ordered That John Worthington Esq'' with Such as the honorable 
House shall join be a Committee for the purposes in said Report 
mentioned, to make report at the next Sitting of this Court, the 
charge of the said Committee to be borne as the said Court shall 
order. 

In the House of Representatives Read and Concurred and Major 
Hawley and Major Day are joined in the Affair. [Passed Jainiary 28. 



CHAPTER 176. 



ORDER IMPOWERING THOMAS SPARHAWK AND EDWARD JACKSON, 
GUARDIANS, TO SELL REAL ESTATE AND MAKING PROVISION IN 
REGARD TO THE PROCEEDS. 

A Petition of Thomas Sparliawk and Edward Jackson of Cam- Legislative 
bridge, Setting forth. That the said Thomas is Guardian to Elisabeth gounc'if xxiv^ 
Cheney, and the said Edward was Guardian to Benjamin Cheney a 537. 
Minor late deceased, which said Minors were the Children of Ben- House Jour- 
jamin Cheney of said Cambridge deceased, leaving no Widow, That province^* 
the debts due from the Estate, and those occasioned by a long Ian- -^^^^^ij'* ^^^' 
guishing Sickness of the deceased Minor amount to £1-40 that there 
is no personal Estate, and the Real Estate consists of a House and 
Barn and twenty five Acres of Land worth about £360 a part of 
which cannot be Sold but to great disadvantage. And Praying 
liberty to sell the whole, they to be accountable. 

Read and 

Ordered That the Prayer of this Petition be granted, and that the 
Petitioners in their said Capacity be, and they hereby are authorized 
and impowered to make sale of the whole of the Land and Premisses 
to as good advantage as maybe, and to give and execute a good and 
sufticient deed or deeds of the same, they attending the directions 
of the Law relative to the sale of Real Estates by Executors or 
Administrators and giving due caution to the Judge of Probate for 
the County of Middlesex that the proceeds of such Sale be applyed 
(so far as is necessary) for discharging the debts in said Petition 
mentioned, and for defreying other necessary charges, and that the 
Overplus be put to interest for the support of the surviving Minor 
and the principal Sum secured for her use and benefit when she 
shall arrive at lawful age or marriage, and that they account with 
the said Judge touching their proceedings in the premises, when 
thereto required. [Passed January 28. 

Sic. 



304 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 177, 178.] 



Legislative 
Records of the 
Council, xxiv., 
538. 

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



CHAPTEE 177. 

RESOLVE IMPOWERING ANNA CHAFFEE, ADM^, TO MAKE AND EXE- 
CUTE A DEED. 

A Petition of Anna Chaffee of Wales in the Connty of Hamp- 
shire Administratrix of the Estate of her late husband Epliraim 
Chaffee of said Wales deceased, Setting forth, that the deceaseds 
personal Estate after the debts are paid amounts to no more than 
£42.13.1 That he hath two Children under 4 Years of age, that 
she hath with extreme difficulty supported herself and them since 
her husbands death for which the Judge of Probate hath allowed 
her £59.14.6 That her said Husband having purchased the pretented 
Indian Titles to sundry Eights of Land, afterwards sold the said 
Eights and gave Deeds of AVarranty to the purchasers, and is daily 
expecting Suits to recover the purchase consideration money. That 
her said Husband died seized of a new Earm apprized at Ninety 
pounds, the yearly profit of which is less than twenty shillings And 
Praying leave to sell the same for the reasons beforementioned, 

[Eead and] 

Resolved That the Prayer of the Petition be so far granted that 
the Petitioner be allowed and impowered in her capacity to make 
and execute a good deed or deeds of the Land mentioned. She ob- 
serving the directions of the Law relating to the sale of Eeal Estates 
by Executors and Administrators and giving sufficient security to 
the Judge of Probate for the County of Hampshire to apply the 
proceeds of the Sale faithfully as mentioned in the Petition. [^Passed 
January 28. 



CHAPTEE 178. 



RESOLVE IMPOWERING DAN^- AND MARTHA MASON, ADM^, TO SELL 

LAND. 



Legislative 
Records of the 
Council, xxiv., 
539. 

House Jour- 
nal, p. 182. 
Province 
Laws, 11., 151, 
chap. 10. 



A Petition of Daniel Mason and Martha Mason of Westborough 
which Martha was Widow and Administratrix of Hezekiah Tomling 
deceased. That the deceaseds debts amounted to as much as the per- 
sonal Estate, That the House Barn and Fences belonging to him 
were so much out of repair that the said Daniel Mason hath since 
his intermarriage with the said Martha built a new Barn on the 
premises and made other Eepairs which will amount to much more 
than the Eent of the whole will come to before the deceaseds only 
child, a daughter, will arrive at age, besides which the Estate is 
subject to the payment of £2 ^ annum to the deceaseds mother 
during life. And Praying leave to sell two pieces of Land viz* one 
of about 8 or 9 Acres by the Maynards Land, and another of 144 
Eods on the East side of Poplar hill, and a small Eight in the 
undivided Lands in Marlborough Property for the reasons before 
mentioned. 

[Eead and] 

Resolved That the Prayer of this Petition be so far granted as 
that the Petitioners Daniel Mason and Martha Mason in their capac- 
ity be, and they hereby are impowered to make Sale of the two pieces 
of Land and right in common withinmentioned for the reasons in 



[3d Sess.] Province Laws [Besolves^ etc.). — 1762-63. 305 

said Petition mentioned for the most they will fetch and to execute 
a good deed or deeds of the same to the purchaser or purchasers 
they observing the directions of the Law relative to the Sale of 
Real Estates by Executors and Administrators and giving sufficient 
caution to the Judge of Probate for the County of Worcester to 
account for the proceeds of said Sale. [Passed January 28. 



CHAPTEK 179. 

RESOLVE IMPOWERING SUSANNA PEABODY, EXECUTRIX, AND THOMAS 
WILDER, GUARDIAN, TO SELL REAL ESTATE AND MAKING PROVI- 
SION IN REGARD TO THE PROCEEDS. 

A Petition of Susanna Peabody Widow and Executrix of Jacob Legislative 
Peabody late of Leominster Physician deceased Setting forth That councif, xx*iv!, 
the deceaseds personal Estate consists only of Household Stuif , which ^ 



is necessary for the use of the Family, that She hath already been naT^3®/i8i'^is2 
sued for su.ndry debts for which she hath given Security, and the Province" ' 
Estate is still in debt more than £100 That the deceaseds Real Estate ciiap!'io.''^^^' 
consists of a House and Land in Leominster sufficient only for one 
Living; She therefore prays and Thomas Wilder who is Guardian 
to three children of the deceased who are minors, and Trustee to 
Nathanael Peabody the eldest son, who is of age, joins in the re- 
quest. That they may be impowered to make Sale of the premisses 
for the benefit of those interested therein. 

[Read and] 

Resolved That the Prayer of this Petition be so far granted as 
that the Petitioners in their capacity be, and they hereby are im- 
powered to join with the eldest Son of said deceased now of age, 
to make Sale of the whole of the Real Estate of the deceased lying 
in Leominster for the most the same will fetch, and to pass and 
execute a good deed or deeds thereof to the purchaser or purchasers; 
they observing the directions of the Law relative to the sale of Real 
Estates by Executors and Administrators and giving sufficient cau- 
tion to the Judge of Probate for the County of Worcester to account 
for the proceeds thereof in the following manner viz' for the pay- 
ment of said deceaseds just debts, and the remainder to be divided 
among the several heirs in the Will of the deceased mentioned ac- 
cording to their respective Legacies therein given them. [Passed 
January 28. 



CHAPTER 180. 

RESOLVE ALLOWING £3. 6 TO CAPTAIN W'^ SHEPHERD. 

A Petition of William Shepard of Westfield a Captain of a Legislative 
Company in the Pay of the Province in 1760. Setting forth That ^^("^^cn. xxw^, 
on the 17 July last he inlisted into the Service one Valentine Ernest 54o. 
as a Soldier, and advanced Three pounds for inlisting money which House .lour- 
he has not yet been reimbursed. And Praying Relief. i^ > p- 

Read and 

Ordered That this Petition be revived and thereupon 



306 



Province Laws (i?esoZves, e^c). — 1762-63. [Chaps. 181-183.] 



Resolved That the Sum of three pounds, six shillings be granted 
and paid out of the Publick Treasury to the Petitioner in full. 
[^Passed January 28. 



CHAPTER 181. 



RESOLVE IMPOWERING MARY WARREN, ADM^, TO MAKE AND EXECUTE 

A DEED. 



House Jour- 
nal, pp. 169, 170, 
171. 



^egisiative^^^ A PETITION of Mary Warren of Eoxbury Widow, Administra- 
councii, xxiv., trix of the Estate of her late Husband Joseph Warren deceased, 
Setting forth That the deceased had bargained with M'' John Hol- 
brook now of Pomfret for one quarter part of Dennison's Bottom 
so called lying in Roxbury and had received One hundred pounds 
and six Cord of Wood for the same, but dyed before the deed was 
executed, And Praying that She may be empowered to compleat 
the said Bargain by making a deed of the premises. 
[Read and] 

Resolved That the Prayer of this Petition be so far granted, as 
that the Petitioner in her capacity be, and She hereby is impow- 
ered to make and execute a deed of the deceaseds Right in the 
within mentioned Estate to the said John Holbrook his Heirs and 
Assigns forever. [Passed January 28. 



Legislative 
Records of the 
Council, xxiv., 
.541. 

House Jour- 
nal, pp. 103, 185. 



CHAPTER 182. 

ORDER THAT THE BOND OF BENJ^ BAILEY BE DELIVERED UP. 

A Petition of Benjamin Bayley of Topsfield, Setting forth That 
he served as a Soldier in the pay of the Province in 1760; but was 
made up in the muster Roll as a deserter, because he had not pro- 
ceeded in the Service the foregoing Year, when in in ' fact he was 
prevented by Sickness; and that he hath been obliged to bind him- 
self as a Servant in order to get Bondsmen for repaying the bounty 
money. And Praying Relief. 

Read and 

Ordered That the Bond of the abovenamed Benjamin given to 
satisfy the Province for the Premium which he received, and is 
now lying in the Treasury be delivered up to him. \^Passed Jan- 
uary 28. 



CHAPTER 183. 



ORDER ACCEPTING REPORT OF COMMITTEE AND STAYING ALL PRO- 
CEEDINGS IN REGARD TO A TAX ON NON-RESIDENT PROPRIETORS 
OF DISTRICT OF WESTMINSTER. 

Legislative A PETITION of Hezekiah Gates and Others Proprietors of the 

councu.xxiv^, District of Westminster, Praying that the proceedings of their 
^^^' ^^'^- Committee in the Sale of Lands for the Nonpayment of Taxes 

» Sic. 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 307 

may be stayed for the reasons therein mentioned [(inte, p. 233, naTpViriio 

chap. 26]. l^rovfnc?' 

The Committee appointed the 20*'' Instant on the Petition of La^^8°fv.,342, 
Hezekiah Gates and others Proprietors of Westminster having made p°^,clap.'26; 
Report, the following Order passed thereon. p. 271', chap. 

Read and Accepted. And 

Ordered That the Tax of nine shillings or thereabouts on each 
Nonresident Proprietors Right in the District of Westminster as 
mentioned in the Petition of Hezekiah Gates and Others Nonresi- 
dent Proprietors of the said District be set aside as unreasonable; 
and that all proceedings in the levying the same be wholly stayed. 
[Passed January 29. 



CHAPTER 184. 

RESOLVE RESERVING 200 ACRES OF LAND FOR THE USE OF DUDLEY 
INDIANS AND IMPOWERING THE HEIRS OF WILLIAM DUDLEY TO 
SELL THE REMAINDER OF THE TRACT UNDER CONDITIONS. 

A Petition of the Guardians of the Indians in the Town of o|^ord*'Tth 
Dudley together with the heirs of the honorable William Dudley council, xxiv., 

Esq' deceased Setting forth, That the said William Dudley Esq' ~ • 

in his Life time by Indenture leased to said Indians one mile square nai]i'ppa*79)^it>3, 

in the Town of Dudley so long as they should continue to plant l^"^-, ^''*^y"i^^ 

and improve the same, which Land has been in their possession for chap.Ve, note. ' 

thirty years past, and little improvement made thereon, and as they 

are now mostly Females, the said quantity of Land is not like to 

be of great use to them hereafter. That they are much in debt for 

Doctors and the Necessaries of Life and the Guardians have not 

wherewithal to discharge the said debts. And Praying That two 

hundred xAcres only of said Land may be reserved for the Indians, 

and that in consideration of the sum of Two hundred pounds to 

be paid by the said heirs the remainder may revert to them, the 

money to be employed, so far as is necessary for the payment of the 

debts of the said Indians, and the Overplus improved at interest for 

their benefit. 

[Read and] 

Resolved That this Petition be so far granted, as that there be 
reserved the quantity of two hundred acres of Land withinmen- 
tioned for the use of the within mentioned Indians and their heirs 
so long as they shall continue to improve the same, And that the 
Heirs of the late William Dudley Esq' be and they hereby are im- 
powered to make Sale of the Remainder of said Tract of Land, and 
make and execute good deed or deeds thereof to the purchaser or 
purchasers upon the condition following viz' That the said heirs 
immediately upon the Sale thereof or any part of it shall pay into 
the hands of the present Guardians of said Indians or their Suc- 
cessors the sum of Fifty pounds to enable them to discharge the 
debts of said Indians, and shall also give good and sufficient secu- 
rity to the said Guardians or their Successors to pay the sum of 
Nine pounds yearly for the comfort and support of said Indians so 
long as the said Indians shall continue to improve said two hundred 
Acres of Land The said Guardians to lay their Account yearly 
before the General Court for their Allowance. [Passed January 29. 



308 



Province Laws {Eesolves^etc). — 1762-63. [Chaps. 185, 186.] 



CHAPTEK 185. 



RESOLVE IMPOWERING MARTHA CHAPIN, ADM^, TO MAKE AND EXE- 
CUTE DEEDS. 



Legislative 
Records of the 
Council, xxiv., 
543. 

House Jour- 
nal, pp. 172, 187. 



A Petition of Martha Chapin of Springfield Administratrix of 
the Estate of her late Husband Timothy Chapin of Springfield dec*^ 
Setting forth, That her said Husband on the 5^'' of November 1760 
sold to one Job Alvord of South Hadley one moiety of two Tracts 
of Laud in Springfield adjoining to the Brook called Williman 
Sweep, the one containing fifteen Acres, and the other seven, and 
afterwards sold him the other Moiety of the same, and received the 
consideration of the same, but dyed without executing the deeds. 
That Jonathan Chapin the Father of said Timothy had likewise 
sold to John M'^Kinstry of Springfield viz' on the lo'^' of May 1T58, 
125 Rods of Land for a House Lot, who built thereon accordingly 
but never got his deed acknowledged or recorded, which Land would 
otherwise have come to the said Timothy, And Praying that She 
may be enabled to convey to the said Job the second Moiety of the 
two Tracts sold him, and to convey to said John all the Right said 
Timothy had in the 125 Rods of Land sold him by the said Tim- 
othy's Father Jonathan Chapin. 

[Read and] 

Resolved That the prayer of this Petition be so far granted that 
the Petitioner in her capacity be, and She hereby is impowered to 
execute a good deed of the second moiety of the two Tracts of 
land aforesaid, sold by the said. Timothy to the said Job, his heirs 
and Assigns forever, And also to the said John, his heirs and Assigns 
forever a good deed of all the Right the said Timothy had at the 
time of his death in said Land sold by said Jonathan to the said 
John. \^Passed January 29. 



CHAPTER 186. 



ORDERS ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxiv., 

.=)4.i. 

House Jour- 
nal, pp.185, 186. 



The House passed the following Votes upon Petitions of Sick 
and wounded Soldiers viz' 

Ordered that the sum of Three pounds six shillings be paid out 
of the Public Treasury to Bela Lincoln Esq"" for the use of Daniel 
Worron in full. 

Ordered that the sum of three pounds eleven shillings be paid 
out of the Treasury to Jeremy Powell Esq' for the use of George 
Howard in full. 

Ordered That the sum of Three pounds two shillings and six 
pence be paid out of the Treasury to Jedediah Foster Esq"" for the 
use of John Bacon Jun'' in full. 

Ordered That the sum of Three pounds, six shillings be paid out 
of the Treasury to John Murray Esq'' for the use of Samuel How 
in full. 

Ordered That the sum of One pound, sixteen shillings be paid 
out of the Treasury to James Gowen Esq"" for the use of John Chad- 
burne in full. 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 309 

Ordered That the sum of One pound fourteen shillings be paid 
out of the Treasury to Josiah D wight Esq' for the use of Elisha 
Terry in full. [^Passed January 29. 



CHAPTER 187. 

ORDER ALLOWING 50/ EACH TO BEZALEEL FLAGG, THADEUS CHILD, 
JEDEDIAH THAYER AND JOSIAH HUNT. 

A Petition of Bezaleel Flag, Thaddeus Child, Jedediah Thayer Legislative 
and Josiah Hunt, Praying an Allowance for the service of a Cart coimcif xxiv^ 
and Oxen impressed from each of them in the year 1758 for trans- 547. 
porting the Baggage of the Army under General Amherst from House Jour- _ 
Boston to Worcester, which they have been in vain applying for '^^ii'i'Pi^^^'is*. 
ever since to the Sheriff who impressed them, and to the Agent of 
the Deputy Quarter Master General of the Army 

Eead and 

Ordered That the sum of fifty shillings be paid out of the Public 
Treasury to each of the Petitioners in full consideration for the Ser- 
vices mentioned. \Pa8sed January SI. 



CHAPTER 188. 

ORDER ANNEXING LANDS AND THE INHABITANTS THEREON TO THE 
TOWN OF CHESTERFIELD. 

A Petition of a number of the Proprietors of Chesterfield, part Legislative 
of them being Proprietors also of Land in a Tract called the second councif.xxiv^, 
addition to the Township called Number Four, which Tract of Land ^ 



is bounded Easterly on the Township of Deerfield, Northerly on ^"i^^^/i'^g'^igg 
Hunts Town, Westerly on one of those Tracts of Land lately sold Province 
by the Government called Number Five, and Southerly on Chester- note.^' '^■' ^'^' 
field containing about Three thousand Acres. Setting forth. That 
the said Tract is too small for a Township, and that all the Pro- 
prietors thereof as well as the Proprietors of the Town of Chester- 
field are desirous that the said Tract of Land should be annexed to 
the Town of Chesterfield, and that it dos not lye commodiously to 
be annexed to any other New Plantation. And Praying that the same 
may be annexed to Chesterfield accordingly. 

Read and 

Ordered That the Prayer of the Petition be granted ; and that 
the Lands mentioned in the Petition be, and are hereby annexed 
to the Town of Chesterfield, and the Inhabitants and Possessors of 
the said Lands to do duty and receive priviledge therein. \Passed 
January SI. 



310 



Province Laws {Resolves, etc.), — 1762-63. [Chaps. 189-191.] 



CHAPTEE 189. 



ORDER IMPOWERING SARAH LEWIS TO SELL LAND AND TO MAKE 
AND EXECUTE A DEED FOR THE SAME. 



Legislative 
Records of the 
Couucil, xxlv., 

547. 

House Jour- 
nal, pp. 186, 187. 



A Petition of Sarah Lewis of Hingham Setting forth That in 
the Spring of the Year 1759 her Husband Samuel Lewis proceeded 
on a Voyage to the West Indies, leaving her with three small Chil- 
dren to maintain which by her Industry and the help of her Friends 
she hath done ever since, he having no Estate of his own, and she 
but a Small Patrimony of about Fifteen Acres of Land, the income 
whereof is but a trifle. And Praying That She may be impowered 
to make Sale of the said Land for the Support of herself and Chil- 
dren, her Coverture notwithstanding; She not having heard from 
her said Husband for more than three Years past. 

Read and 

Ordered That the Prayer of the Petition be granted; and that the 
Petitioner be and She is hereby authorized and impowered to make 
sale of the Lands abovementioned for the most the same will fetch 
and to make and execute a good deed or deeds in the Law of the 
same, the absence of her husband Samuel Lewis notwithstanding, 
the money arising by the said Sale to be improved for the purposes 
mentioned in the Petition. \^Passed January 31. 



CHAPTER 190. 

ORDER ACCEPTING REPORT OF COMMITTEE ON TITLE OF PROVINCE 
TO LANDS BETWEEN THE RIVERS KENNEBECK AND ST. CROIX. 



Legislative 
Records of the 
Council, xxlv., 
551. 

Legislative 
Records of the 
Council, xxlv., 
459, 468, 650. 
House Jour- 
nal, p. 196; 
pp. 1-19, 176-2- 
63. 



The FOLLOWING Report was made by the Committee appointed 
for the purpose therein mentioned viz' 

The Committee aj)pointed to prepare a State of the title ' of the 
Province to the Country between the Rivers Kennebeck and S' Croix 
have prepared the foregoing which is submitted in the name and by 
order of the Committee Tho^ Hutchinson 

Read and Accepted, and 

Ordered That the Secretary cause a fair copy of this Report to 
be made and transmitted to the agent together witli Copies of such 
Vouchers to any of the Facts as the Committee shall furnish him 
with. \^Passed February 1. 



CHAPTEE 191. 



ORDER 



REVIVING THE PETITION OF CAPT AND" GIDDINGS AND 
RESOLVE ALLOWING HIM £40. 16. 5. 



Legislative A PETITION of Andrew Giddings a Captain in the pay of the 

Councif, xxiv!^. Province in Col° Bagleys Regiment Setting forth That in Novem- 
^ ber 1760 He arrived at Boston from Louisbourg, where Governor 

1 The statement of title referred to is to be found in the House Journal, pp. 1-19, 
printed at the end of the year 17Q2-63; also in Legislative Records of the Council, xxiv., 
650. 



[3d Sess.] Province Laws (i?esoZyes, ete.). — 1762-63. 311 

Pownall ordered him to tarry 'till he had finished his Muster Roll S,T!f«'^^''«o 
T • 1 ••!•/"( 1 111- nai, pp. 54, bz, 

and then return to Louisbourg to join his Corps; but that beiore i79, iso. 

his Roll was compleated, he received beating orders and recruited 
men, as he thought, for the Service Eastward, but they were ordered 
Westward, and the Memorialist to join his Corps at Louisbourg, 
which he did without the least loss of time ; yet that eighteen weeks 
and four days Pay is cut off from his Pay in the Muster Roll, while 
in the Service as aforesaid, And Praying Relief. 
Read and 

Ordered That this Petition be revived and thereupon 
Resolved That there be granted and paid out of the Public Treas- 
ury to the Petitioner Andrew Giddings the sum of Forty pounds 
sixteen shillings and five pence in full for the eighteen weeks & 
four days he was made up short in his muster Roll. \_Passed Feb- 
ruary 2. 



CHAPTER 192. 

ORDER ALLOWING £8. 3 TO SAM'- FLAGG. 



A Petition of Samuel Flagg, an Ensign in Col° Hoars Regiment Legislative 
at Nova Scotia the last campaign, Setting forth That he returned council, xxiv., 

with the Regiment from Nova Scotia the latter end of Novem' last, ^^ 

and the next day after his Arrival was seized with a violent fever at na"pp'^i69'^i97 
Boston which confined him for seven weeks, six weeks of which time 
he was constantly attended by a Physician and Nurse; and that the 
expence of his Sickness has been almost equal to the amount of his 
Wages during the Campaign. And Praying Relief 

Read and 

Ordered That the sum of Eight pounds three shillings exclusive 
of the Doctors bill, be granted to the Petitioner out of the Public 
Treasury in full. \^Passed February 2. 



CHAPTER 193. 

ORDER ALLOWING £3. 12 TO JA" HENDERSON. 

A Petition of James Henderson of Rutland Setting forth, Legislative 

• . Records of th6 

That he was a Soldier in the pay of the Province in Cap' John- council, xxiv.' 

sons Company in 1758 and was paid 18/4 short of his billetting: ^^^' . 

and that in the Year 1759 his Son William Henderson was a Sol- ^a^iTw"''" 
dier in Cap' Pages Company, who being taken sick at Crown Point, 
the Petitioner was at the charge of bringing him home. And Pray- 
ing an Allowance. 

Read and 

Ordered That the sum of Three pounds twelve shillings be granted 
and paid out of the Public Treasury to John Murray Esq"" for the 
use of the Petitioner in full. {Passed February 2. 



312 



Province Laws {Uesolves, etc.). — 1762-(33. [Chaps. 194, 195.] 



CHAPTER 194. 



Legislative 
Records ol the 
Council, xxiv., 
553. 

House Jour- 
nal, p. 197. 



ORDER ALLOWING £15. 2 TO THE SELECTMEN OF FALMOUTH. 

A Petition of William Cotton and Others Selectmen of Falmouth 
Setting forth That in 1760 John Chandler, Joseph Barker and Ben- 
jamin Parker, all Soldiers in the pay of the Province returned home 
Sick of the small Pox, and were attended with Guards in different 
parts of the Town, and furnished with necessaries during their Sick- 
ness, and afterwards buried at the expence of the Town. And Pray- 
ing an Allowance. 

Read and 

Ordered That the sum of Fifteen pounds, two shillings be granted 
and paid out of the Public Treasury to Francis Waldo Esq"" for the 
use of the Selectmen of Falmouth in full. \^Passed February 2. 



Legislative 
Records of the 
Council, xxiv., 
5'25, .550. 

House Jour- 
nal, pp. 168, 201. 



CHAPTER 195. 

ORDER APPOINTING A COMMITTEE TO DETERMINE THE BOUNDS OF 

INDIAN LANDS, &c. 

A Memokial of Isaac Church and Others, Setting forth That 
the General Court formerly made a Grant of certain Lands to sun- 
dry Indians who had served as Soldiers in the Indian Wars, and 
that by order of Court a division thereof was made and 185 Acres 
assigned to Captain James Church and 24 Privates, lying in Free- 
town, and a plan thereof returned to the Court in 1706: and the 
Committee at the same time reported that Lieu*^ Eobin Manchester «& 
12 Privates should have a like proportion assigned to them ; but that 
it dos not appear that this was ever done, but one Hatch has taken 
possession of part of these Lands. And as those Indian Soldiers are 
now all dead, and Contentions are risen among their Descendants 
concerning the Lands aforesaid. Praying that Guardians may be 
appointed to adjust and determine these matters between them. 

The Committee to whom was referred the Petition of Isaac Church 
and Others have considered the same beg leave to report, that a 
Committee be appointed by this Court to repair to Freetown and 
renew the Bounds of the 185 Acres of Land mentioned in said Peti- 
tion granted by this Court to Cap* James Church and Company 
Indians, which Lands the Province had of CoP Benjamin Church 
deceased by way of Exchange for some Province Lands in the right 
of Daniel Wilcox deceas'd as may more fully appear by their several 
deeds on record in the Registers Office for the County of Bristol, 
and also to run the divisional Lines between their heirs or legal 
Representatives according to the original division thereof made in 
the Year 1706 a Plan whereof is herewith exhibited, and further- 
more to hear and determine the several disputes and Controversies 
that has arisen, and now subsisting between them touching their 
several Rights, and to assign to each person his proper division or 
proportion as descended from his Ancestors. The Committee also 
are hereby directed and impowered to enquire into the number and 
names of the heirs or legal descendants of Lieu' Robin Manchester 
and twelve Privates mentioned in said Petition, and that equal Jus- 



[3d Sess.] Province Laws {Resolves, e^c.). — 1762-63. 313 

tice be done them with Others of the same Company according to 
the several Orders and Grants of this Court, and to make report 
of their doings as soon as may be. 

In Council Eead and Accepted and 

Ordered That W™ Brattle Esq"" with Such as the honorable House 
shall join be a Committee for the purposes in the said Report men- 
tioned. 

In the House of Representatives Read and Concurred and Col" 
Clap and CoP Gilbert are joined in the Affair. ^Passed February 3. * 



CHAPTER 196. 

RESOLVE ALLOWING £750 TO THE JUSTICES. 

Resolved That the sum of Seven hundred and fifty pounds be Legislative 
granted and paid out of the Publick Treasury to the honorable 5^*^?!^*?^ °* *,^® 

T- j-io '/-MiPTT A I- k • -I Council, XXIV., 

Justices 01 the Superior Court ot Judicature, Court of Assize and 555^ 

General Goal delivery for their Services for one year ending the House Jour- 
first day of January last. [Passed Fehrtiary 3. nai. pp. 197,198. 



CHAPTER 197. 

RESOLVE ALLOWING £250 TO THE PRESIDENT OF HARV" COLLEGE. 

Resolved That the sum of Two hundred and fifty pounds be Legislative 
granted and allowed to be paid out of the Public Treasury to councif xx?t^ 
the Rev*^ M' Edward Holyoke, President of Harvard College, over 555. 
and above the Rents of Massachusetts Hall for one Year ending House Jour- 
the tenth day of September next to be paid Quarterly. [Passed ^'^ • p- '^ • 
February 3. 

CHAPTER 198. 

RESOLVE ALLOWING £50 TO THE SECRETARY. Legislative 

Records of the 

Resolved That the sum of Fifty pounds be granted and allowed 555. ' '' 
to be paid out of the Public Treasury to the hon'''* Andrew Oliver House Jour. 
Esq"" Secretary of this Province for his Services for one year ending /I'Jjv-S' chap, 
the sixth day of December last. [Passed February 3. las- 



CHAPTER 199. 

RESOLVE ALLOWING £90 ADDITIONAL TO THE SECRETARY. Legislative 

Records of the 

Resolved That the sum of Ninety pounds be granted, and allowed 555. 
to be paid out of the Public Treasury to the honorable Andrew Oliver House Jour- 
Esq'' Secretary of this Province in consideration of his extraordinary ^^p^'.^chap. 
Services to the sixth day of December last. [Passed February 3. i^s- 

* This date is according to the House Journal ; according to Legislative Records of the 
Council the date is February 1. 



314 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 200-203.] 



CHAPTEK 200. 



RESOLVE ALLOWING £150 TO THE COMMISSARY GENERAL. 



Recordfof the Resolved That there be allowed, aud paid out of the Public Treas- 
Councii, xxiv., ury to Thomas Hubbard Esq"" Commissary General the sum of One 
— '- hundred and fifty pounds for one years service ending the eleventh 

House Jour - . - J i __ J o 

nal, p. 198. 



day of January last. [Passed February 3. 



CHAPTER 201. 

RESOLVE ALLOWING £267 TO THE PROVINCE TREASURER. 

Records'of the Resolved That the sum of Two hundred and sixty seven pounds 
Council, xxiv., be granted and allowed to be paid out of the Public Treasury to 

'^— the hon^'** Harrison Gray Esq^ Treasurer & Keceiver General of his 

nju"p^ 19s"'"' Majesty's Revenues of this [Province] ' for a years service ending 
the twenty third day of December last. [Passed February S. 



CHAPTER 202. 



Legislative 
Records of the 
Council, xxiv., 
.i55. 

House Jour- 
nal, p. 198. 



RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER. 

Ill the House of Representatives 

Resolved That there be granted and allowed to be paid out of the 
Public Treasury the sum of four shillings ^ diem to the hon'^''^ Tim- 
othy Ruggles Esq'' Speaker of the House for every day of his attend- 
ance in the General Court from the opening of the Session on the 
26: day of May 1762, over and above his pay as a Member of this 
House. 

In Council. Read and Concurred. [Passed Febr^iary 3. 



CHAPTER 203. 



RESOLVE ALLOWING £90 TO THE CLERK OF THE HOUSE. 



Legislative 
Records of the 
Council, xxiv., 
5.56. 

House Jour- 
nal, pp. 198, 199. 



Resolved That there be granted and allowed to be paid out of the 
Public Treasury the sum of Ninety pounds to Roland Cotton Esq"" 
Clerk of the House of Representatives for his Services during the 
several Sessions for the current Year. [Passed February 3. 

* Inserted from the House Journal, p. 198. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1762-63. 315 



CHAPTEK 204. 

RESOLVE ALLOWING £100 TO THE PROFESSOR OF DIVINITY AT HAR- 
VARD COLLEGE. 

Resolved That there be granted and allowed to be paid out of the Legislative 
Public Treasury to the Reverend Doctor Edward Wigglesworth Hoi- councn' xiiv^, 
lisian Professor of Divinity at Harvard College in Cambridge the 556. 
sum of One hundred pounds as a Gratuity in consideration of his House Jour- 
faithful discharge of the great and important Trust reposed in him, ^'^ > p- • 
and for his further encouragement therein. \^Passed February 3. 



CHAPTER 205. 

RESOLVE ALLOWING £90 TO THE PROFESSOR OF MATHEMATICS AT 
HARVARD COLLEGE. 

Resolved That there be granted and allowed to be paid out of the Legislative 
Public Treasury to John Winthrop Esq^ Hollisan Professor of the councu'xxiv^ 
Mathematics and natural Philosophy at Harvard College in Cam- ^ 



bridge the sum of Ninety pounds as a Gratuity in consideration of House Jour- 

• •ii'ili) 199 

his faithful discharge of the great and important trust reposed in ' 
him and for his further encouragement therein. \^Passed February S. 



CHAPTER 206. 

RESOLVE ALLOWING £30 TO THE HEBREW INSTRUCTOR AT HARVARD 

COLLEGE. 

Resolved That there be granted and allowed to be paid out of the Legislative 
Public Treasury to M"- Stephen Sewall Hebrew Instructor at Har- counc'if.xxlv" 
vard College in Cambridge the sum of Thirty pounds as a Gratuity 5 56. 
in consideration of his faithful discharge of that Trust reposed in House Jour- 
him and for his further encouragement therein. \^Passed February 8. ""'' ^'' ^^^' 



CHAPTER 207. 

RESOLVE ALLOWING £12 TO THE CHAPLAIN OF THE TWO HOUSES. 

Resolved That there be allowed and paid out of the Public Treasury Legislative 
the sum of Twelve pounds to the Rev'* M' Samuel Cooper, chaplain coun^n, xxiv^, 

to the honorable Board and the honorable House of Representatives ^^ , 

the current year. \^Passed February 3. House Jour- 

llB>lf p> 199. 



316 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 208-211.] 



CHAPTEE 208. 

RESOLVE ALLOWING £50 TO JOHN PHILLIPS, LIEU'' OF CASTLE WIL- 
LIAM. 

RecordsoYthe ResoUed That there be allowed and paid out of the Public Treas- 
Councii, xxiv., ury the sum of Fifty pounds to John Phillips Lieutenant of his 

°— — majesty's Castle William in consideration of his faithful discharge 

mi'uiKm'^' ^f that trust reposed in him. [^Passed February 3. 



CHAPTER 209. 



RESOLVE ALLOWING £40 TO THE CHAPLAIN AT CASTLE WILLIAM. 



Legislative 
Records of the 
Council, xxiv., 

557. 

House Jour- 
nal, p. 199. 



Resolved That there be allowed and paid out of the Public Treas- 
ury the sum of Forty pounds to M"" Nath' Davis Chaplain at his maj- 
esty's Castle William for one year from his appointment in consid- 
eration of his faithful discharge of that trust. \^Passed February 3. 



CHAPTER 210. 



RESOLVE ALLOWING £60 AND FURTHER SUMS OF £40 AND £20 TO THE 

DOORKEEPER. 



Legislative 
Records of tlie 
Council, xxiv., 

557. 

House Jour- 
nal, pp. 199,200. 



Resolved That there be allowed and paid out of the Public Treas- 
ury the sum of Sixty pounds to M' William Baker Doorkeeper to 
his Excellency the Governor and this Court for his service for one 
year to be paid Quarterly. iVnd also the further sum of Forty pounds 
in consideration of his expence in hiring Assistance and extraor- 
dinary care and trouble as Doorkeeper. And Twenty pounds on 
account of the scarcity of the necessaries of Life. \^Passed Feb- 
ruary 3. 



CHAPTER 211. 



ORDER IMPOWERING JON^ KEYS AND BETTY HIS WIFE, ADM^. TO SELL 
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 



Legislative 
Records of the 
Council, xxiv., 
.533. 

House Jour- 
nal, pp. '206, 207. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Jonathan Keys and his Wife Betty Keys late 
Widow and Administratrix of the Estate of Peter Read jun'' late 
of Littleton deceased Setting forth, That the deceaseds debts 
amount to £53.4.3^/4 more than the appraised Value of his personal 
Estate, That his Eeal Estate consisting of about twenty acres of 
Land Avith the Buildings thereon was appraised at £106 and as 
there is no selling a part without selling the whole, Praying that 
they may have liberty to make sale of the whole of said Estate for 
the payment of the debts aforesaid, they accounting for the Over- 
plus. 

Read and 

Ordered That the prayer of this Petition be granted and that the 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 317 

Petitioner Jonathan with his Wife Betty (in her capacity aforesaid) 
be, and they are hereby authorised to make sale of the whole of the 
Premises to as good advantage as may be, and to give and execute 
a good and sufficient deed or deeds of conveyance of the same: 
they attending the directions of the Law relating to the Sale of 
Real Estates by Executors and Administrators, and giving due 
caution to the judge of Probate for Middlesex that the proceeds 
of such Sale (so far as is necessary) shall be applyed for discharg- 
ing the just debts of the said deceased, that the Overplus be dis- 
tributed among his heirs as the Law directs, and that they account 
with the said Judge touching their proceedings in the premises 
when thereto lawfully required. \^Passed February 4.^ 



CHAPTER 212. 

ORDER IMPOWERING NATH'- WOODS AND HIS WIFE MARY, ADM^, TO 
SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Nathanael Woods of Groton Yeoman, and Mary Legislative 
his Wife Administratrix of the Estate of her late husband John coundf.xxivf, 

Erwen of said Groton deceased. Setting forth. That the deceaseds ^^ 

debts amount to more than his personal Estate; that his Real Estate House .Jonr- 
consists of twenty Acres of poor Land, with some small old build- province ' 
ings thereon that when her Dower should be set off, and as much cif^^'io'' ^^^' 
more sold as would pay the debts, the remainder would be of small 
Value And Praying leave to sell the whole, they to be accountable. 

Read and 

Ordered, that the Prayer of this Petition be granted, and that 
the Petitioner Nathanael Woods with his Wife Mary in her capacity 
aforesaid be, and they are hereby authorized and impowered to make 
Sale of the whole of the Real Estate of the within named deceased 
to as good advantage as may be, and to give and execute a good and 
sufficient deed or deeds of conveyance of the same: they attending 
the directions of the Law relating to the Sale of Real Estates by 
Executors or Administrators and giving due caution to the Judge 
of Probate for the County of Middlesex that the proceeds of such 
Sale, so far as shall be necessary, shall be applyed for discharging 
the said deceaseds just debts, Tliat the remainder if any there be, 
be distributed among the heirs of the said deceased agreeable to 
the directions of the Law, and that they render to said Judge an 
Account of their proceedings in the premises, when thereunto law- 
fully required. \^Passed February 4." 

^ This date is according to the House Journal ; according to Legislative Records of the 
Council the date is January 27. 

- This date is according to the House Journal ; according to Legislative Records of the 
Council the date is January 29. 



318 



Province LiAws (Besolves, etc.) . — 1762-63. [Chaps. 213, 214.] 



Legislative 
Records of the 
Council, xxiv., 
545. 

House Jour- 
nal, pp. 205, 206. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 213. 

ORDER IMPOWERING EUNICE FARWELL, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Eunice Farwell of Groton Administratrix of the 
Estate of her late husband Jonathan Farwell of Groton deceased, 
Setting forth, That the deceaseds Estate was about £41 in debt 
more than the Amount of his personal Estate, That his Real Estate 
consists of about eighty acres of Land with a dwelling house, Barn 
and Gristmill thereon, and as the eldest Child is not yet four years 
old, the said Buildings will probably be quite decayed and rotten 
before they arrive at age. And Praying leave to sell the said Estate, 
She to be accountable. 

Read and 

Ordered That the Prayer of this Petition be granted, and that 
the Petitioner be, and she is hereby authorized and impowered in 
her said capacity to make sale of the whole of the Real Estate in 
said Petition mentioned for the most that may be, and to give and 
execute a good and sufficient deed or deeds of conveyance of the 
same: She attending the directions of the Law relating to the Sale 
of Real Estates by Executors and Administrators, and giving due 
caution to the Judge of Probate for the County of Middlesex, that 
the proceeds of such Sale shall be applyed, so far as shall be neces- 
sary, for discharging the deceaseds just debts and other necessary 
charges ; That the remainder if any there be, shall be distributed to 
and among the heirs at law of the said deceased agreeable to the 
directions of the Law, and that She render to said Judge an account 
of her proceedings in the premises when thereunto lawfully required. 
[Passed February 4.^ 



CHAPTER 214. 



ORDER GRANTING TO DAN'- EDWARDS LICENCE TO SELL STRONG 

DRINK. 



Legislative 
Records of the 
Council, xxiv., 
559. 

House Jour- 
nal, p. 211. 



A Petition of Daniel Edwards of Manchester Setting forth, 
That having lately left the Seas he hath betaken himself to the 
business of a Shoreman, a great part of which consists in sup- 
plying the Fishermen and their Families with Necessaries, and 
that they are generally indulged with Licenses to retail spirituous 
Liquors, And Praying that the Court of General Sessions of the 
Peace for the County of Essex may at their Session in March next 
be impowered to grant him a License for that purpose. 

Read and in answer 

Ordered That the Justices of the General Sessions of the Peace 
for the County of Essex be, and they hereby are impowered (if they 
see cause) at their Session in March next to grant the Petitioners a 
license to retail strong Liquors, he first obtaining the Approbation 
of the Selectmen of the Town of Manchester for that business, the 
time for granting licenses being elapsed notwithstanding. [Passed 
February 5. 

' This date is according to the House Journal ; according to Legislative Records of the 
Council the date is January 29. 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 319 

CHAPTEE 215. 

ORDER GRANTING 250 ACRES OF LAND TO ROB^ NOBLE. 

A Petition of Eobert Noble of Great Barrington, Setting forth Legislative 
That he with others by order of this Government made a purchase councif, xxiv^, 



560. 



of a Township of Land of 6 miles square, of the Indians lying West 
of Sheffield, on which he made a Settlement; and held the same ^a°i"^^i'202'^2ii 
as long as he was able against Col° John Van Ransler of New York; 
but as he was determined to quit the said Right thus held under 
the Countenance of this Government unless he could continue so 
to do, he was finally obliged, after thus having made himself ob- 
noxious to the Government of New York, to quit his Improvements 
to his great Loss and Damage. And Praying Relief. 

Read and 

Ordered That there be granted to the Petitioner Robert Noble 
Two hundred and fifty Acres of the unappropriated Lands of the 
Province lying in the County of Berkshire. Provided he takes a 
Survey of the same by a Surveyor and Chainmen under Oath and 
return a Plan tliereof to the General Court for confirmation within 
one year from this time. {^Passed February 5. 



CHAPTER 216. 

ORDER ALLOWING £15 TO NATHAN BROWN. 



A Petition of Nathan Brown of Salem, Keeper of the Goal in Legislative 
said place Setting forth, Tliat he hath ever since August 1761 counc'if xl-iv^ 
been at the trouble and expence of keeping one Judith Adams seo. 
who had been committed as a dissolute and disorderly person, who HouseJour-^ 
hath been long ill and continually distracted, and whom he hath ^^^pp-1".i'8> 
furnished with Nurses and Physicians in her Illness. That the said 
Judith being a Stranger he hath in vain applyed to the County of 
Essex and Town of Salem, to be reimbursed his charge, nor can 
he find from whence She came. And Praying that she may be con- 
sidered as a Province Charge. 

Read and in answer 

Ordered That the Sum of Fifteen pounds be granted the Peti- 
tioner out of the Public Treasury as a full consideration for the 
Charge, Trouble and damage he has sustained in keeping one Judith 
Adams within named. \^Passed February 5. 



CHAPTER 217. 

ORDER IMPOWERING CALEB PILSBURY TO SELL LAND AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Bethia Kimball Widow of Joseph Kimball of Legislative 
Amesbury Setting forth That she hath been a Widow thirty eight councif, xxiv^, 
Years, and her Sight is much impaired having wholly lost the sight ^^1: 



320 



Province Laws {Resolves, e^c.).^ 1762-63. [Chaps. 218, 219.] 



House Jour- 
nal, p. 207. 
Province 
Laws, ii., 151, 
dttap. 10. 



of one eye, and that she is unable to do any labour for her Support. 
That She hath lost all her Children, having none that are by Law 
obliged to maintain her, that her Grand children are all Minors, 
That there is a small Estate of her said Husbands lying partly in 
Amesbury and partly in of about fifty pounds value the 

income whereof ,is about forty shillings ^ Annum, and in which 
She hath her right of Dower. And Praying That She may be enabled 
to sell one third part of the said Estate for her maintenance. 

Eead and 

Ordered That the Prayer thereof be granted, and that Caleb Pils- 
bury of Amesbury be, and hereby is impowered to make sale of the 
Land mentioned for the most the same will fetch, and to execute 
a good deed or deeds of the same, Notification by him being first 
posted in some Public place in said Town thirty days before the 
time of Sale, he giving sufficient caution to the Judge of Probate 
for the County of Essex, that upon receiving the produce thereof 
he shall convert so much of the money for her Support as her neces- 
sity shall require and to be accountable to the said Judge for the 
remainder for the use of the heirs of the said deceased. \^Passed 
February 5. 



CHAPTER 218. 



ORDER IMPOWERING HANNAH COLBY, ADM^, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Recdrds"Jf°the ^ PETITION of Hannah Colby of Almsbury Widow & Adminis^ 
Council, xxiv., of her late Husbands Estate Thomas Colby late of said Almsbury 
^^^' deceased 



House Jour- 
nal, p. 205. 
Province 
Laws, Ii., 151, 
chap. 10. 



Setting forth, That the deceaseds Estate is rendered 
Insolvent; And Praying leave to sell the Eeal Estate he dyed seized 
of except what is set olf to her as her Dower, for the payment of 
his debts, so far as it will answer that purpose. 

Eead and 

Ordered That the Petition be granted, and that the Petitioner 
in her said capacity be and She hereby is impowered to make sale 
of the Land mentioned in said Petition for the most the same will 
fetch, and to make and execute a good deed or deeds of the same, 
she observing the directions of the Law relating to the Sale of Eeal 
Estates by Executors and Admihors and giving sufficient caution 
to the Judge of Probate for the County of Essex that the proceeds 
arising by said Sale be applyed for the payment of the just debts 
of the said deceased. {^Passed Febrtiary 5. 



CHAPTER 219. 



ORDER ALLOWING £110. 11 TO NATHi- DWIGHT. 



Rlcords'of the ^ MEMORIAL of Nathanacl Dwight Setting forth, That by an 
Council, xxiv.. Order of this Court of the 11''^ of June last he was directed to Sur- 
'^^'^' vey and lay out all tlie Lands sold by order of said Court on the 

2*^ day of June aforesaid, and also the remaining unappropriated 
Lands of this Province in the County of Hampshire and Berkshire, 
and return a plan thereof; which he hath performed, and in the 



Hoiase Jour- 
nal, pp. 191, 212. 
Ante, p. 244, 
chap. 52. 



[3d Sess.] Peovince Laws {Resolves, etc.). — 1762-63. 321 

Plan hath set forth wherein some of the Towns interfere with the 
former Grants of Court. And Praying an Allowance of his Account. 

Read and 

Ordered this Account be allowed, and that the Sum of One hundred 
and ten pounds and eleven pence be paid out of the Public Treas- 
ury to the abovenamed Nathanael Dwight accordingly, \^Passed 
February 5. 

CHAPTEK 220. 

ORDER IMPOWERING SAMUEL JOHNSON AND MARY HUBBARD, GUAR- 
DIANS, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 

A Petition of Samuel Johnson and Mary Hubbard, Guardians Legislative 
of the Children of John Hubbard late of Toownshend deceased Set- council, xxiv., 

ting forth That the deceased left four Children between two and ^^ 

ten years old, and left no more Estate than was sufficient to pay ^^°"^® "204'^205 
his debts and funeral Charges; but that the said Children had a Province 
small Estate left them by their Grand father Jonathan Hubbard of ^ha^? lo. " ^''^' 
about £150, Value. And Praying that they may be impowered to 
Sell the same for the support and education of the said Children. 

[Read and] 

Ordered That the prayer of the Petition be granted, and that the 
Petitioners in their capacitys as Guardians to the Orplian Children 
within mentioned be, and are hereby authorized and fully impow- 
ered to make sale of the Real Estate within mentioned for the most 
the same will fetch, and to make and execute a good and sufficient 
deed or deeds in the law for conveying the same Provided they first 
give caution to the Judge of Probate for the County of Middlesex 
that the Proceeds of the Sale be let out to interest, and that both 
Principal and Interest (in just proportion) be paid to the said Minors 
or their legal Representatives as the said Minors arrive to lawful age, 
excepting such a part of the Interest as shall be actually necessary 
for bringing up said Minors; the said Guardians in the Sale thereof 
observing the directions in the Law relating to the Sale of Real 
Estates by Executors and Administrators. \^Passed February 5. 



CHAPTER 221. 

ORDER ALLOWING £233 TO HAR: GRAY, ESQ^ 

A Memorial of Harrison Gray Esq'' Treasurer and Receiver Gen- Legislative 
eral Setting forth sundry extraordinary Services performed by him councif, xxw^, 

the last year, such as, the paying off the Soldiers in the Pay of the ^^ 

Province to each man his Wages amounting to £209,865.12.6 pay- House Jour- 
ing the Bounty money to the amount of £20,000 and upwards, draw- ^nte,'-p. zii, 
ing 196 Setts of Bills of Exchange o\\ the Agent to the amount of c^ap. 201. 
£60,000 Sterling and the expence he has been at in hiring Clerks 
to assist him herein : And praying an Allowance. 

Read and 

Ordered That the Sum of Two hundred and thirty three pounds 
be granted out of the Public Treasury to the memorialist in full for 
his extraordinary Services abovementioned. \^Passed February 7. 



322 



Province Laws {Besolves, etc.). — 1762-63. [Chaps. 222, 223.] 



CHAPTER 222 



RESOLVE IN REGARD TO BRIDGES AND HIGHWAYS IN BRIMFIELD, 
AND DISTRICTS OF PALMER AND MONSON. 



Legislative 
Records of tlie 
Council, xxiv., 
563. 

House Jour- 
nal, p. 204. 
Province 
Laws, iv., 334, 
chap. 39; 362, 
note. 



In the House of Representatives. The House being informed 
by clivers members that the Bounds of Brimfield, the Districts of 
monson and Palmer in the County of Hampshire as settled by this 
Court is so uncertain that sundry disputes have arose, & without 
the interposition of this Court many more are like to arise within 
said Town and Districts and their Surveyors of Highways respect- 
ing the repairing the Great Road leading from Boston to Spring- 
field thro' part of the said Districts, and the two Bridges erected over 
Chicopee River, one on the Easterly side of said Palmer between 
said Palmer and Brimfield and the other on the Westerly side of said 
Palmer near William Scots dwelling house. Therefore for the pre- 
venting all such disputes for the future, and that the said Town 
and Districts and the Surveyors of Highways within their Limits 
may fully understand their duty, and that the said Road and Bridges 
may be kept from time to time in good Repair. 

Resolved That the Bridge over Chicupee River on the East side 
of the District of Palmer between Palmer and the Town of Brim- 
field upon said Road be annexed to the Town of Brimfield, and 
that the Town of Brimfield shall keep the same in good repair from 
time to time as there shall be occasion, and sliall be lyable to the 
same Pains and Penalties of the Law respecting the same as other 
Towns respecting High ways are. And that the District of Palmer 
be alike enjoined to maintain and keep in good repair the other 
Bridge over said River near to the Dwelling house of William 
Scott in said Palmer, and the whole of the Country Road from the 
last mentioned Bridge towards the East line of the Town of Spring- 
field until it is full one half of the way thither wheresoever the 
same shall happen; and that the remainder of said Road to Spring- 
field Line be annexed to the said District of Monson and the In- 
habitants thereof be alike enjoined from time to time to keep the 
same in good repair. 

In Council Read and Concurred. ^Passed February 7. 



CHAPTER 223. 



RESOLVE ALLOWING £8. 19 TO MOSES PARKER AND 36/ 10 TO WILLIAM 
PERRY AND TIMOTHY CLARKE. 



Legislative 
Records of the 
Council, xxiv., 
.564. 

House Jour- 
nal, pp. 187, 213, 

214. 



A Petition of Moses Parker of Chelmsford Setting forth That 
in 1761 He had the Command of a Company in the Pay of the Prov- 
ince at Nova Scotia, that on the 1-4 of December he embarked with 
them to return home; but meeting with bad weather they did not 
arrive till the 8^'' of January when they put into Casco Bay, where 
they were obliged to stay till towards the latter end of the month, 
during which time he found it necessary to supply the men with 
some Cloathing, and to provide for some that were sick, and some 
he supplyed also with small Sums to help them home amounting 
in the whole to £10.15,10 of which sum he hath received only 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 323 

£1.16.10 which two of said Men viz* William Perry and Timothy 
Clarke have reimbursed him : And Praying an Allowance. 

[Read and] 

Resolved That there be paid out of the Public Treasury to the 
said Moses on account of what he paid for the relief of his Com- 
pany the Sum of Eight pounds, nineteen shillings. And that there 
be paid out of the Public Treasury to Sampson Stoddard Esq"" for 
the use of William Perry and Timothy Clarke the two Soldiers 
mentioned in the Petition the sum of Thirty six shillings and ten 
pence. \^Passed February 7. 



CHAPTER 224. 

ORDER ALLOWING £16. 13. 4 PER MONTH TO LIEUT. COL. JOB WINSLOW 
AND £13. 6. 8 PER MONTH TO MAJOR GAM'- BRADFORD. 

A Petition of Job Winslow a Lieutenant Colonel and Gamaliel Rlfords^Jnhe 
Bradford a Major in the Pay of the Province Setting forth That council, xxiv., 



the General Court apprehending that the Service would be less 
than it had heretofore been, have for the two last years reduced nai^ppl'aov^is. 
the Pay of the Field Officers one fifth part: but that being posted 
at Nova Scotia the last Year they were ordered upon the Expedi- 
tion to Newfoundland, and being employed in that Service they 
apprehend that the reduction of their pay so far ceased. And Pray- 
ing a further Allowance. 

Read and 

Ordered That the Petitioners Lieu* Col° Winslow, and Major 
Gamaliel Bradford in making up their Pay Rolls for the last Years 
Service be allowed the same Wages as such Officers were for the 
Year 175!) viz* the Lieu* Colonel £16.13.4 ^ Month, and the Major 
£13.6.8 p Month. [Passed February 7. 



CHAPTER 225. 

ORDER ALLOWING £24 TO BENJ* HOUGHTON. 

A Petition of Edward Wilson and Benjamin Houghton Setting Legislative 
forth That they each of them hold Lands under this Government, cou^cff "xiv^ 
the former by virtue of a Grant made to Samuel Kneeland, and the 578. 
latter by purchase in his own Right; That the Grant and purchase House Jour- 
aforesaid so interfere that one or other falls short of the measure i5y,'m '^^'^^^' 
45 Acres. And Praying the interposition of this Court for an equi- 
table adjustment of this matter. 

Read and 

Ordered That this Petition be revived, and that the sum of twenty 
four pounds be granted and paid out of the Public Treasury to the 
Petitioner Benj^ Houghton ' as a full Equivalent for the Loss of the 
Land within mentioned, and for his Labour and Expence upon the 
same. [Passed February 7. 

' The House Journal, p. 86, reads, " Stotighton.^' 



324: 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 226-228.] 



CHAPTER 226. 



ORDER ALLOWING £7 TO JN" M-^SWAIN, 



House Jour- 
nal, pp. 212, 219. 



Krds'of the ^ Petition of John M'^Swain Setting forth, That he served as 
Council, xxiv., a Soldier the last Year in Cap' Cox's Company at Crown Point, that 
^'^' while doing his duty by being at work on the Fort there, he had the 

misfortune of being wounded in one of his Eyes by a small Stone, 
which, after suffering the most exquisite pain, wholly perished And 
Praying Relief. 
Read and 

Ordered That the Sum of Seven pounds be paid out of the Public 
Treasury to John Murray Esq' for the use of the Petitioner in full 
consideration for the Services and Sufferings of the Petitioner above- 
named. [Passed February 8. 



CHAPTER 227. 



ORDER ALLOWING £4 TO JON'^ CHUBBUCK. 



Legislative 
Records of the 
Council, xxiv., 
567. 

House Jour- 
nal, jDp. 191, 220. 
Province 
Laws, xvi., 308, 
chap. 240. 



A Petition of Jonathan Chubbuck, Setting forth That in the 
Year 1758 he inlisted into his Majesty's Service in the pay of the 
Province in Cap' Pratts Company of CoP Doty's Regiment; but 
that by some means or other he has not received his Bounty: and 
Praying Relief. 

Read and 

Ordered That the sum of Four pounds be paid out of the Prov- 
ince Treasury to Jonathan Chubbuck the Petitioner in full for his 
Bounty as a Soldier in the Service of the Province the Year 1758, 
and that the Treasurer pay the same to Thomas Foster Esq' for the 
use of said Chubbuck. [Passed February 8. 



CHAPTER 228 



Legislative 
Records of the 
Council, xxiv., 

567. 

House Jour- 
nal, pp. 17, 27, 
30,222. Ante, 
p. 224, chap. 9. 



RESOLVE confirming 250 ACRES OF LAND TO JOHN BOLTON. 

A Petition of John Bolton Setting forth That in the Sale of 
the Western Township N° 9 in June last, 250 Acres was upon his 
Petition reserved out of the Sale, a Plan whereof he now returns; 
and Praying that the same may be granted to him. 

The above Plan of Two hundred and fifty acres of Land being 
returned. 

Resolved That the same be allowed, and the said Land therein 
delineated and described be, and hereby is granted and confirmed 
to the said John Bolton his heirs and Assigns. Provided the Plan 
exceeds not the quantity, and dos not interfere with any former 
Grant. The said Land to be subject to like duties as other Lands 
in said Township are. [Passed February 8. 



[3d Sess.] Province Laws (i?e5oZves, ete.). — 1762-63. 325 



CHAPTEK 229. 

ORDER CONSTRUING AN ORDER IMPOSING A TAX OF ONE PENNY PER 
ACRE FOR SEVEN YEARS ON UNIMPROVED LAND IN SHUTESBURY. 

A Petition of Abraham Hill, at the desire, and by appointment LegiBiative 
of the Town of Shntesbury Praying an Explanation of a Vote of councif, xxiv^ 

the General Court in January 17G2 granting a Tax of one peny <g> ^ 

Acre on the unimproved Lands in said Town. mii"^V^2i4^2i5 

Whereas by a Vote of the Assembly of the 27"' of January 1762 Province 
in answer to the Petition of M"" Abraham Hill in behalf of the Town notl^'Aiuet^' 
of Shntesbury. It is ^-^g, chap'. 

Ordered that there be a Tax of one peny p acre assessed and 
levyed for the purposes in said Petition mentioned on the unim- 
proved Lands within said Town of Shntesbury for the term of 
Seven Years, and that the Assessors and constables in said Shntes- 
bury be and they hereby are respectively authorized and impowered 
to assess and collect the same. And Whereas it hath been moved 
to this Court that in order to avoid any possible difficulty or mis- 
construction of the said order that might arise for the want of 
any express provision that the said Tax should be annual for each 
of the said seven years as was originally intended; and thro' a 
deficiency of power by virtue of said order to the Assessors and 
■Constables or Collectors that may be annually chosen during said 
term. Therefore 

Ordered That the said Tax of one peny ■j*'' Acre on the unim- 
proved Lands in said Shntesbury be so understood to be an annual 
Tax of said Sum on said Lands for each and every of the said seven 
years, and that the Assessors of the said Town for each of the said 
years respectively are hereby impowered and ordered to assess, and 
the Constables or Collectors for each of said Years respectively to 
collect the same annually during said term. [Passed February 8. 



CHAPTER 230. 

RESOLVE ALLOWING £100 TO JN^ COTTON. 



A Petition of John Cotton Deputy Secretary of the Province, Legislative 
Praying an Allowance for his Service in that Office the year past to councif xxiv^ 
which he hath applyed himself with Fidelity and been particularly ses. 
assiduous in dispatching the business of it. House Jour- 

Read and nal.pp.200,201. 

Resolved That the Sum of One hundred pounds be paid out of the 
Public Treasury to the Petitioner for one years Service as Deputy 
Secretary ending the first day of December last. And the further 
Sum of Eighty pounds for his faithful and extraordinary Services 
during the said term. \_Passed February 8. 



326 



Province Laws {Resolves, etc.). — 1762-<i3. [Chaps. 231, 232.] 



CHAPTER 231. 



RESOLVE CONFIRMING LAND IN TOWNSHIP N^ 3 TO DIVERS PERSONS. 



Legislative 
Records of tlie 
Council, xxiv., 
568. 

Legislative 
Records of the 
Council, xxiv., 
.546. House 
Journal, 
pp. m, 279. 
Ante, p. 173, 
chap. 402 ; 
p. 289, chap. 
146. 



The Secretary went down to the House of Representatives on 
a Message from the Board with a Plan of Six Townships East of 
Penobscot, upon which was a Vote of the two Houses of the 26"' 
of January last confirming one of the said Townships viz' N° 3 to 
certain Persons therein mentioned, which Vote had not been signed 
by the Governor; and to propose that instead thereof a seperate 
Vote might be passed for the same purpose, and laid before the 
Governor for his Consent. Upon Which the following Vote passed 
the whole Court Viz* 

Resolved That the Lands described in a Township N° 3 in a plan 
of Six Townships Eastward of a Eiver called Mount Desert Eiver 
taken by order of this Court by Daniel Merrett and Mathew Austin 
Surveyors (including all Allowances therein made, and excepting 
all Islands therein described) that is to say from a certain Point at 
the head of a small Cove, distant from another certain Point on the 
Eastern Side of the said Mount Desert River, in a course from the 
said River East 28 degrees South 12 miles and 140 Rods (which said 
Points shall hereafter be more exactly described and ascertained) 
to run by a Line North 28 degrees East 5 miles and three quarters, 
and from thence by a Line East 28 degrees South six miles, and 
from thence by a line South 28 degrees West to the Sea Coast, and 
from thence along the Sea Coast to the first mentioned Point be 
granted so far as by this Court lawfully may be to Nathan Jones, 
Francis Shaw and Robert Gould and to their heirs and Assigns for- 
ever, the said Nathan, Francis and Robert having given Bonds to the 
Treasurer of this Province for the faithful fulfilling of the Condi- 
tions mentioned in the Grant of said Township, the original Grantees 
of said Wait Wadsworth and others having refused to give Bonds 
according to the terms of the original Grant. Provided the Lands 
described in said Township N° 3, do not exceed the Contents of six 
miles square with the usual Allowances of Swag of Chain, Water 
and mountains, and the whole remaining Subject nevertheless to 
all the conditions and reservations in the original Grant thereof 
made. \_Passed February 8. 



CHAPTER 232. 



VOTE DIRECTING THE SHERIFF OF BRISTOL COUNTY TO PAY 
EACH TO SAM'- & LYNDE VALENTINE. 



£20 



Legislative 
Records of the 
Council, xxiv., 

.^70. 

House Jour- 
nal, pp. 167, 213, 
225. 



A Petition of Samuel Valentine and Lynde Valentine both of 
Freetown, Setting forth, That at the Superior Court for tlie County 
of Bristol in Octo'' 17G0 they recognized in the sum of £40 each for 
the appearance of Joseph Valentine at the then next Superior Court 
to be holden in and for said County in October 1761; but that the 
said Josepli Valentine went into his Majesty's Service in the mean 
time and dyed. That thereupon the said Recognizance became forfiet 
and Execution issued against the Petitioners for £20 each and £2.0.4 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 327 

Cost, which was accordingly levyed and returned satisfied, whereby 
they think themselves greatly hurt. And praying Eelief. 

[Read and] 

Voted That the Prayer of the Petition be so far granted as that 
Silvester Richmond Esq'' Sheriff for the County of Bristol be, and 
he hereby is ordered and directed instead of paying the Forty 
pounds received by virtue of the Execution mentioned in the Peti- 
tion into the Public Treasury to repay the same to Samuel and 
Lynde Valentine, that is to say, to each of them the sum of Twenty 
pounds, and their receit shall be a sufficient discharge to the Sheriff 
from the Province Treasurer. \^Passed February 9. 



CHAPTER 233. 

RESOLVE GRANTING A TOWNSHIP TO CERTAIN PERSONS. 

A Petition of Nath' Hooker and John Townley of Hartford r^^*®'^""^* th 
Merchants and Isaac Sheldon of said Hartford in the Colony of council, xxiv., 

Connecticut yeoman for themselves and fifty seven others known — 

among themselves by the name of the Proprietors of Greenock viz' na'i"pp.'n9'^2M 
John Keith, Niel M<=Lean, William Tiley, George Sloan, Robert Province J 
Sloan, Thomas Sloan, Elijah Clap, Thomas Clap, John Walker, note?' ^'' ' ' 
Joseph Barrett, Barnabas Chadwick, Hezekiah Collyer Jun"" John 
Watson, Andrew Mumford, Samuel Watson, Ebenezer Mix, Evander 
Moorison, Samuel Curtis, Charles Caldwell, James Caldwell, George 
Caldwell, Timothy Seymour, Edward Merry, David Bull, Jon* Bull, 
John Thomas, William Knox, Sylvanus Andruss, John Benton, 
William Woodbridge, Benjamin Paine, Stephen Turner, Hezekiah 
Turner, Obedience Trumble, Dudley Kent, .Jedediah Norton, Abi- 
jah Pecke, Timothy Cole, the heirs of Doctor Normond Morrison 
for 2 Rights, Samuel Chapman, Samuel Lee, James Sexton, Alex- 
ander Gordon, Samuel Bridge, James Blacke, William Jepson, Daniel 
M'^Aulay, Edward Selfreidge, John Blacke, Joseph Craigie, William 
Henry, Isaac Savage, Abraham Savage, Ephraim Hubbard, Xathan 
Davis and Ebenezer Foster jun"" purchased, as they then lawfully 
might a Township of Land under an Indian Title viz* beginning 
on the East side of Housatonnoc River in the South Line of Pitts- 
field, thence running Eas ' V.)^ South nine miles and a half, thence 
South 19° West seven hundred and twenty rods to the North Line 
of N° 4 Township, thence West on said Line four Miles and three 
quarters to the North west corner of said Township, thence on the 
West line of said Township South 9°: 25"' west two miles and three 
quarters to the North Line of the Township of Number one, thence 
on said Line West 2°: 30"' South three miles to the Northeasterly 
Line of Great Barrington, thence North 48°. 40 East one mile and 
three quarters to the North East corner of Great Barrington, thence 
bounding on the North Line of said Great Barrington West 7°. 30 
North Six hundred Rods to the South east corner of the Glass works 
Grant (so called) thence on the East side of said Grant five hundred 
and fifty two Rods to the North East corner of said Grant and East 
side of Housatonuc River first mentioned, thence bounding West- 
erly on said River to the bounds first mentioned And Praying that 

» Sic. 



328 



Province Laws {Resolves^ etc.). — 1762-63. [Chap. 234.] 



the same may be confirmed to them upon such terms and Conditions 
as this Court shall judge reasonable. 

Whereas Xathanael Hooker and his Associates have been at great 
expence and charge in purchasing the Townships mentioned in their 
Petition and procuring the pretended Indian title thereto. There- 
fore 

Resolved That the Township mentioned and described in said 
Petition (' a Pitch of five hundred Acres made to Andrew Belcher 
Esq"^ and former Grants excepted be granted unto the said Nathanael 
Hooker, John Townley, and Isaac Sheldon & their Associates, their 
heirs and Assigns, whose names are annexed to said Petition, upon 
condition that Security be given to the Province Treasurer to pay 
him for the use of this Province the Sum of Eight hundred pounds 
in one year without interest. That there be reserved for the first 
settled minister one sixty third part of said Township; for the use 
of the ministry one sixty third part, and the like quantity for the 
use and support of a School: That within the space of five Years 
from this time there be sixty Settlers residing in said Township, 
who shall each have a dwelling house of the following dimensions 
viz"- twenty four feet long, eighteen feet wide and seven feet Stud, 
and have seven Acres of Land well cleared and fenced and brought to 
english Grass or ploughed; also settle a learned Protestant Minister 
of the Gospel in said Township within the term aforesaid. 

And Whereas M"" John Walker one of the said Associates, Attor- 
ney to the said Nathanael Hooker, John Townley and Isaac Sheldon 
hath informed this Court that he stands ready to give the Security 
aforesaid for the said Eight hundred pounds. Therefore 

Resolved That upon his so doing, the Grant aforesaid be made to 
said Associate in manner aforesaid upon their paying to said Walker 
their proportionable j^art of said Eight hundred pounds in one year; 
& upon failure of their so doing, the Rights in said Township of 
those so failing to belong to said Walker; and he shall have full 
power to sell and dispose of the same to any person that shall per- 
form the Conditions aforesaid, \^Passed February 9. 



CHAPTEK 234. 



ORDER ALLOWING £4 ANNUALLY FOR FOUR YEARS TO THO^ COOK. 



Legislative 
Records of the 
Council, xxiv., 
572. 

House Jour- 
nal, p. '224. 



A Petition of Thomas Cook of York, Setting forth. That his 
son Ebenezer Cook a minor of about 18 Years of age who served 
as a Soldier in the pay of the Province in 1761 was on his return 
from Halifax in December the same Year cast away on Plum Island, 
where his feet were froze and he thereby lost a Joint from two of 
his Toes on one foot, and all his Toes on the other, by means whereof 
also he has now a humour in his Legs which renders him a Cripple, 
that the Petitioner himself lost the most part of one of his hands 
the last War, and being now become aged and infirm is unable to 
support liis said son, and praying Relief. 

Read and 

Ordered That the sum of Four pounds be annually allowed and 
paid out of the Public Treasury for the term of four Years from 
3*^ June 1762. [Passed Febrtiary 9. 

' Sic, as to parenthesis. 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 329 



CHAPTER 235. 

ORDER ALLOWING £1. 7. 6 AND A FURTHER AMOUNT OF £4 ANNUALLY 
FOR FOUR YEARS TO NATHAN PHELPS. 

A Petition of Nathan Phelps, a Soldier in the pay of the Prov- Legislative 
ince in CoP Nichols's Eegiment in 1758 Setting forth, That he councu, xxiv!; 
then received a Wound by a Ball, whereby he hath lost the use of 573. 
his Elbow: that in the Year 1759 upon his Petition to the General House Jour. 
Court they allowed him Three pounds; and as his Wound is broke "^^^^ p- '^'^*- 
out afresh Praying further Relief. 

Read and 

Ordered That the sum of One pound, seven shillings and six 
pence be paid out of the Public Treasury to Ebenezer Nichols Esq'' 
for the use of the Petitioner in full for the Doctors bill. Also that 
the sum of Four pounds be annually allowed and paid out of the 
Public Treasury to the Petitioner from this day for the term of four 
Years. [Passed February 9. 



CHAPTER 236. 

ORDER ALLOWING £3 AND A FURTHER SUM OF £4 TO SILVANUS 

WENT WORTH. 

A Petition of Silvanus Wentworth of Stoughton, Setting forth Legislative 
That he served as a Soldier in the Pay of the Province at Halifax coiinc'if, xliv!', 
in 1761, and that returning home late in the Year he was so frozen ^ 



as to lose several Joints of his Toes. And Praying an Allowance. House Jour. 
Read and > p- - • 

Ordered That the Sum of three pounds be paid out of the Public 
Treasury to Joseph Hewin Esq"" for the use of the Petitioner in full 
of his Account exhibited in tlie Petition. Also that the further Sum 
of Four pounds be paid out of the Public Treasury to the said 
Hewin for the use of said Petitioner as he in his discretion shall 
judge best for the Petitioner in full for his Sufferings mentioned. 
[Passed February 9. 



CHAPTER 237. 

RESOLVE ALLOWING 2,000 ACRES OF LAND TO JOSIAH DEAN. 

A Petition of Asa Douglass of Canaan in the Colony of Con- Legislative 
necticutt Agent for Josiah Dean &c Setting forth That the said coundf xxw^ 
Josiah Dean &c in June last purchased of a Committee of this 573. 
Court a Tract of land lying between Stockbridge and Pittsfield and House Jour- 
gave bond for the purchase money being £2,550 and some of the ^nif^^p^^sf^^' 
Grantees began Improvements but there being a number of Families chap'. 56. 
on the said Land put on heretofore by the Indians, they refused to 
remove, or to hold under the Petitioners; and the Indians have 
brought an Action of Trespass against one of the Purchasers for 
entering upon, and improving the Land as aforesaid. And Praying 



330 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 238, 239.] 



that the Government would defend them in their Eight, or other- 
wise relieve them. 

Whereas there are divers Persons in possession of the Township 
lying between Stockbridge and Pittsfield nnder a pretended title 
from the Stockbridge Indians, and as the affair of their removal 
at this present time may be attended with difficulty : and inasmuch 
as the said x\gent to the said Josiah Dean hath agreed to release 
unto the Province the Sale of the said Township. 

Resolved That in consideration thereof the said Josiah Dean have 
a Grant of Two thousand Acres of Land to be laid out in two pieces 
in good form adjoining to some Grant or Township in any of the 
unappropriated Lands in this Province (except in a Town called 
Watson Town) upon condition that he settle Six Families thereon 
within the space of five Years, which is to be in full for his time, 
trouble and expence in purchasing the said Township. And that 
the Treasurer be directed to repay him the Sum of Twenty pounds, 
the money he paid at the time of Sale. And that the Treasurer deliver 
up his bond given for the original purchase. The Plan of two thou- 
sand Acres to be returned to this Court within one year for confir- 
mation. The money and Bond abovementioned to be delivered to 
Major Ashley for the use of the said Dean. [Passed February 9. 



CHAPTER 238. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £G TO JNo 

CARLETON, JUN^. 



Legislative 
Records of tlie 
Council, xxiv., 
574. 

House Jour- 
nal, i'l>- -01, i^e. 



A Petition of John Carleton jun"" of Billerica, Setting forth, 
That he was possessed of a Note issued by the Treasurer for £G 
which he put into a draw with a bottle of Oyl of Vitriol, and by 
accident some of it was spilt on the note which has so eaten and 
defaced the same that the Treasurer refuses to exchange it referring 
the Petitioner to this Court for Eelief. And Praying their considera- 
tion of the Case, and that they would grant him relief accordingly. 

Read and 

Ordered That the Treasurer be directed to pay the Petitioner the 
Sum of Six pounds with the interest thereof from the date of said 
note to the time of payment, part thereof being missing notwith- 
standing. [Passed February 9. 



CHAPTER 239. 



RESOLVE IMPOWERING THE TOWN OF LUNENBURG TO CHOOSE A 

CONSTABLE. 



Legislative 
Records of the 
Council, xxiv., 
574. 

House Jour- 
nal, p. 226. 



A Petition of Jonathan AVood and Others Selectmen of Lunen- 
burgh. Setting forth. That at the anniversary meeting in March 1T62 
they made choice of M"" Benjamin Reddington for Constable, who 
being then out of Town, could not give his Answer 'till sometime 
after Avhen he declined the Office, and thereupon at a Town meet- 
ing on tlie 20"' of April following they chose M"" Moses Ritter, con- 
stable in his stead, who accordingly took the Oath and proceeded 
in the business till about the 25 Decem"" when he dyed, and on the 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 331 

21 January the Town assembled to choose another, when a doubt 
arose with regard to the regularity of their former choice of the 
said Ritter, and so no person would serve in the Office altho' : four 
were then successively chosen And Praying that the proceedings of 
the said Town at their meeting in April last may be confirmed, or 
that they may be otherwise relieved. 

[Read and] 

Resolved in answer to the within Petition That the Town of 
Lunenburgh be, and hereby is fully authorized and impowered at 
a meeting legally warned to choose a Constable for said Town in 
the room of Moses Ritter deceased, who is hereby fully impowered 
to gather and finish the Collection of the Taxes that were com- 
mitted to said Ritter in his lifetime to collect and remain unfin- 
ished, any illegal Proceedings in the Town of Lunenburgh in the 
choice and acceptance of said Ritter as constable in the room of 
Benjamin Beddington notwithstanding. {^Passed February 9. 



CHAPTER 240. 

ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO SELL LANDS 
IN WORCESTER COUNTY AND DIRECTING SAID COMMITTEE TO ASCER- 
TAIN THE BOUNDS OF SAID LANDS. 

The Committee appointed to make sale of certain Lands lying Legislative 
in the County of Worcester have attended that Service, and made coundf xxiv^, 
Sale of the same in manner following viz' ^i]^ 

Legislative 
The Potash Farm so called sold to John Scott Merch' in Boston for . . . £fi70 Councif xlh-' 

Watchusett Hill sold to said Scott for 6ii 3,1,, House ' 

Also eighty Acres lying West of the Potash Farm sold to said Scott for . . 12. 10. .Journal, 

l)p. •-'39, -240 

747. 10. ( February, 

Received Earnest for the Potash Farm £10 ^l^"^^ ii'^iVt^N 

Received ditto for Watchusett Hill 5 ,V -Isi Ante 

Received ditto for the eighty Acres abovemcntioned .... 3 i' jgg' (.jja,,_ ' 

325; p. 20.5, ' 

18. chap. 468. 

To Cash paid to Cap' Stone for expences for house room Ac" at the 
time of Sale . . . . . . . . . . . 1.4. 

16. Ui. 



The ballance of the Cash received as Earnest for the abovemcn- 
tioned Lands being Sixteen pounds, sixteen shillings your Com- 
mittee have paid into the Province Treasury, and taken his Receipt 
for the same. 

Your Committee beg leave further to report that no deed has as 
yet been given of said Lands or Bonds taken for the money: the 
reason is that the Bounds of said Lands were not properly ascer- 
tained. Your Committee therefore pray the further direction of 
this Court in the Affair: All which is humbly Submitted 

^ Order John Choate 

Read and Accepted, And 

Ordered That the Committee appointed the 11"' February last 
proceed to ascertain the Bounds of the several parcels of Land 
herein mentioned, and upon payment of the remainder of the 
money, or securing the payment thereof according to agreement 
to execute deeds of the same accordingly. \^Passed Fehruary 10.^ 

' This date is according to the House Journal ; according to Legislative Records of the 
Council the date is February 9. 



332 



Province Laws {Resolves, e^c.). — 1762-63. [Chaps. 241, 242.] 



CHAPTEE 241. 



ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED ON BOUN- 
DARIES OF SUNDRY EASTERN TOWNS AND CONFIRMING SAID BOUN- 
DARIES IN ACCORDANCE THEREWITH. 



Legislative 
Records of the 
CouHCil, xxiv., 
549, 575. 

Legislative 
Records of the 
Council, xxiv., 
203. House 
Journal, 
pp. 194, 230. 
Province 
Laws, iv., 627, 
note. Ante, 
\^. 147, chap. 
345. 



The Committee for that purpose appointed exhibited a Plan 
of the several Towns of Biddeford Scarborough and Falmouth, and 
sundry other places therein described with the Lines run and bounds 
fixed &c. 

The Committee of both Houses herein last beforementioned hav- 
ing carefully viewed the Plans of the several Townships called Nar- 
ragausett N*^ 7, Narragansett N'^ 1, Pearson Town, New Marblehead, 
Kew Boston and New Gloucester with the Lines and Boundaries of 
the same and of the Towns of Biddeford, Scarborough and Falmouth 
as run and fixed by a Committee of this Court appointed in February 
last and described in the Plans aforesaid; having also perused the 
Petition of the Proprietors of the Town of Scarborough and other 
papers committed to Us, and heard and considered what the Parties 
concerned thought fit to offer either in opposition to, or support of 
the Proceedings of the said Committee touching the premises are, 
upon the whole of opinion that the herein before written Eeport 
of the said Committee, signed Eichard Cutt be accepted, and that 
the Plans of the several Townships abovementioned therewith ex- 
hibited, and the several Lines and Boundaries therein described, be 
ratifyed and confirmed accordingly. Provided that the description 
of the Boundaries of the Townships aforementioned in the Plans 
aforesaid be not understood or construed to affect or alter the side 
line which divides The Town of Scarborough from that of Falmouth ; 
but the same shall remain as formerly stated Which is humbly sub- 
mitted <gj order, Sam'- Danforth 

Read and Accepted. And 

Ordered That the Lines and Boundaries of the several Townships 
of Biddeford, Scarborough and Falmouth, and of Narragauset N° 7, 
Narraganset N" 1, Pearson Town, New Marblehead, New Boston 
and Now Gloucester as laid down in the Plans exhibited by the Com- 
mittee for running the Lines of the said Townships be, and hereby 
are determined to be the Lines and Boundaries of the said Town- 
ships respectively; and the said Plans are hereby ratifyed and con- 
firmed Provided That the description of the Boundaries of the 
Townships aforementioned in the Plans aforesaid be not under- 
stood or construed to affect or alter the side line which divides 
the Town of Scarborough from that of Falmouth; but the same 
shall remain as formerly stated. {^Passed February 10. 



CHAPTER 242. 



ORDER confirming THE ASSESSMENT MADE ON THE FIRST PARISH 
IN KITTERY FOR THE YEAR 1762. 



Record"of the ^ PETITION of Richard Cutt and Nathanael Sparhawk Esq" in 
Council, xxiv., behalf of the first Parish in Kittery Setting forth, That at a 
^— meeting legally warned in March last, they made choice of three 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 333 

Persons as Assessors, two of whom were sworn and made an Assess- House Jour- 
ment accordingly ; but the other Person refusing to act, it has been ^^^' P' ^^^' 
doubted whether the Assessment aforesaid is legal. And Praying the 
Order of this Court for confirming the Acts and doings of the two 
Assessors sworn in as aforesaid, 

Read and 

Ordered That the Prayer of the Petitioners be so far granted as 
that the Assessment made by Mess""* Joseph Gunnison and Benja- 
min Furnald two of the Assessors for the first Parish in the ToAvn 
of Kittery for the year 1762 upon said Parish for said year be to 
all Intents and purposes as valid in law as if Charles Chauney Esq' 
the other Assessor had accepted the choice, and had joined with 
them in making said Assessment. \^Passed February 10. 



CHAPTER 243. 

RESOLVE GRANTING TO MAT: VINCENT LICENCE TO KEEP AN INN. 

A Petition of Mathew Vincent of Kittery Setting forth, That R|fo^r^**Jf®the 
a Ferry being about to be established at a place called the Point council, xxiv., 

over to Newcastle, the Selectmen of said Town have recommended ^— 

him as a suitable person to keep a Tavern there. And Praying that n^"!^ 23"'^' 
the Court of General Sessions of the Peace for the County of York 
may be impowered at their Session in April next to grant him a 
License to keep a Tavern at the place aforesaid. 

Read and 

Resolved That the Prayer of this Petition be granted, and that 
the Court of General Sessions of the Peace for the County of York 
be, and they hereby are authorized and impowered at their Session 
in April next to grant the Petitioner a License for the keeping a 
Tavern in Kittery at a place called the Point (if they see cause) the 
time for granting Licenses being elapsed notwithstanding. [^Passed 
February 10. 



CHAPTER 244. 



ORDER ALLOWING £60 TO AND'"' OLIVER, ESQ". 



A Memorial of Andrew Oliver Esq'' Secretary of the Province Legislative 
Setting forth That upon the encouragement heretofore given him cmmcif xiiv^ 
by the Court he hath received 160 Petitions or upwards of Soldiers qtt. 
in the Pay of the Province without taking any Fees of them as by House Jour- 
law he might do; that he hath also by order of Court prepared and iil'^^^Ante'^^^' 
transmitted to the Agent 3 Copies of an Account of the charges of \{P^' ^^^^^' 
this Government for the Campaign of 1761; and that the Writings 
he has sent home the last year are more in quantity than usual hav- 
ing made out a duplicate of the General Courts proceedings for the 
greater part of one year, the Original having been taken by the 
Enemy, and that he now sends home duplicates of each Act under 
a several Seal and Certificate which formerly were sent, all the Acts 
of a Session collectively under one Seal & Certificate And Praying 
an Allowance. 



334 



Province Laws {Resolves, etc.) . — 1762-63. [Chaps. 245-247.] 



Eead and 

Ordered That the Sum of Sixty pounds be granted and paid out 
of the Public Treasury to the Memorialist in consideration of his 
extraordinary Services for the year past. [^Passed February 10. 



CHAPTER 245. 

ORDER ALLOWING £150 TO THO« HUBBARD, ESQ*'. 

Records'of the ^ MEMORIAL of Thomas Hubbard Esq' Commissary General Set- 
councu, xxiv., ting forth the extraordinary business in his office the year past, 
nearly equal to that of the proceeding year for which the Court 
was then pleased to make him an extraordinary Allowance. And 
Praying their consideration of the Services of the present Year. 
Eead and 

Ordered That the sum of One hundred and fifty pounds be allowed 
and paid out of the Public Treasury to the Memorialist in consid- 
eration of his extraordinary Services ending the 11^*^ day of Jan- 
uary last. \^Passed February 10. 



House Jour- 
nal, pp. 209, 224, 
225. Ante, 
p. 204, chap. 
465. 



CHAPTER 246. 



Legislative 
Records of the 
Council, xxiv., 

578. 

House Jour- 
nal, pp. 59, 229. 
Ante, p. 241, 
chap. 48. 



ORDER CONFIRMING 313 ACRES OF LAND TO AND^^ BELCHER, ESQ^. 

A Memorial of Andrew Belcher Esq' Praying a confirmation of 
a Grant of 2 Tracts of Land in Freetown containing in the whole 
about 313 Acres in part of a Grant of 2,000 Acres made him in 
June last. And presenting a Plan thereof to the Court. 

Read and 

Ordered That this Plan be accepted and allowed ; and the Lands 
herein delineated and described be and hereby are confirmed to 
Andrew Belcher Esq"" his heirs and Assigns. Provided the Plan 
exceeds not the quantity of three hundred and thirteen Acres, and 
dos not interfere with any former Grant. [^Passed February 10. 



CHAPTER 247. 



ORDER IMPOWERING JN" RAY AND JOHN AND REBECCA PATTERSON, 
ADMINISTRATORS, TO SELL REAL ESTATE AND MAKING PROVISION 
IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
579. 

House Jour- 
nal, p. 230. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of John Ray and John Patterson and Rebecca his 
Wife Administrators of the Estate of John English late of Palmer 
deceased Setting forth. That the deceaseds debts, exclusive of any 
Allowance to the Widow, exceed his personal Estate £65.13. That 
his Real Estate consisting of about 90 Acres of Land lying in Palmer 
was appraised at £150. And as a part cannot be sold but to great 
disadvantage. Praying leave to Sell the whole of said Estate, they 
to be accountable. 



[3d Sess.] Province Laws [Hesolves, etc.). — 1762-63. 335 

Read and 

Ordei'ed That the prayer of the Petition be granted, and that 
the Petitioners in their said capacity be, and they hereby are fully 
Authorized and impowered to make Sale of the said deceaseds Real 
Estate therein mentioned for the most the same will fetch, and to 
execute a good deed or deeds of conveyance for the same in law to 
the purchaser; the Petitioners first giving Security to the Judge of 
Probate for the County of Hampshire, that the moneys arising by 
tlie Sale thereof, after the payment of the Just debts of the said 
deceased be distributed among the heirs of the said deceased accord- 
ing to the directions of the Law for the distribution of Litestate 
Estates, the Petitioners observing the Rules of the Law respecting 
the Sale of Real Estates by Executors and Administrators. \^Passed 
February 11. 

CHAPTER 248. 

ORDER ALLOWING £19. U. 8 TO JN" GLOVER, ADM«. 

A Petitiojt of John Glover Administrator of the Estate of Cap' Legislative 
Samuel Glover deceased. Setting forth. That on the 25 of August councif.xxiv.^, 

1761 he being then at Monti Christi, and being informed that the ^3i 

Governor of said place was uneasy at not being repaid the moneys uaTiV^'u^'^-^e 

he had Advanced for the Troopa of this Province who put in there 

in distress, advanced the money and paid him nine hundred pieces 

of eight; that sometime after his Factor there received of Cap* 

William Austin 180 light pistoles as payment for said 900 p* 8/ 8 

in consequence of a remittance thither made by tliis Government, 

by which he lost 52 p^ 8/ 8, And Praying an Allowance. 

Read and 

Ordered, That the sum of Nineteen pounds, fourteen shillings 
and eight pence, be allowed and paid out of the Province Treasury 
to the Petitioner John Glover Adminor to Cap' Samuel Glover de- 
ceased in full for the Loss the said Samuel sustained upon the 188 
pistoles mentioned in the Petition as well by reason of the light- 
ness of the money, as by not receiving at Monti Christi the full 
of the monies he advanced there for the Province. \^Fassed Feb- 
ruary 11. 

CHAPTER 249. 

ORDER ALLOWING £40. 16. 5 TO JN" GLOVER, ADM^ 

A Petition of John Glover, Administrator of the Estate of Cap' ^^^'^Jf^^ 
Samuel Glover deceased, Setting forth, That the said Samuel being council, xxiv., 

a Captain in the Pay of the Province in CoP Bagley's Regiment ^^1 

posted at Louisbourg returned from thence in November 1760 when nai"pp'^2ir236. 
Gov"" Pownall ordered him to tarry at Boston, 'till he had finished 
his Muster Roll and then return to Louisbourg to join the Regi- 
ment; but that before his Roll was compleated he received beating 
orders and recruited men, as he supposed, for the Eastward, but 
tliey were ordered Westward, while he was ordered to return to 
Louisbourg, which he did without loss of time ; yet that 18 Weeks 
and four days Pay is cutt off from him in the muster Roll, notwith- 
standing his being in the Service as aforesaid. And Praying Relief. 



336 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 250-252.] 



Read and 

Ordered That the Prayer of the Petition be granted, and that 
the sum of Forty pounds, sixteen shillings and five pence be allowed 
and paid out of the Publick Treasury to the Petitioner John Glover 
Administrator to the Estate of Samuel Glover in full for the eigh- 
teen weeks and four days said Sam' was made up short in his muster 
Koll. \^Passed February 11. 



CHAPTER 250. 



ORDER ALLOWING £7. 10 TO RUFUS FISH. 



Legislative 
Records of the 
Council, xxiv., 
582. 

House Jour- 
nal, p. 228. 
Province 
Laws, xvi., 460, 
chap. 245. 



A Petition of Rufus Fish of Falmouth in the County of Barn- 
stable. Setting forth. That he served as a Soldier in the Pay of the 
Province in 1759, and in the year 1760 reinlisted in the same Ser- 
vice and received only five dollars bounty, Whereas he was intitled 
agreeable to the provision made by the Government to Seven pounds 
ten shillings more. And Praying Relief. 

Read and 

Ordered That the Sum of Seven pounds, ten shillings be allowed 
and paid out of the Public Treasury to Roland Cotton Esq"" for the 
use of the Petitioner in full consideration for the remaining part 
of his Bounty within mentioned. [Passed February/ 11. 



CHAPTER 251. 

ORDER THAT THE PAY OF 46 MEN COMMENCE AT THE TIME OF THEIR 

ENLISTMENT. 

Refords of the ^^ PETITION of Samuel Lord of Ipswich Setting forth, That he 
Council, xxiv., was employed last year to inlist Men for the Service, and accord- 

"-^ iiigly between the 20"' and 30"* of march inlisted about 50 men ; 

na'il'pp.23i!^235. but the bounty money being by Accidents delayed they were not 
mustered till about the 26 of April, whereby 46 of them are in 
danger of losing about a months Pay. And Praying the Order of 
this Court for their Relief. 
Read and in Answer 

Ordered That the Pay of the Forty six men abovementioned com- 
mence at the day of their Iiilistmeiit. [Passed February 11. 



CHAPTER 252. 



ORDER ALLOWING £11. 13. 1 TO JOHN DEVITT. 



Legislative 
Records of the 
Council, xxiv., 

.583. 



A Petition of John Devitt of Boston Setting forth. That he 

served as a Soldier in Cap*^ Blakes Company at Halifax in 1761 and 

that when the Roll was made up there was ^11.1.3.1 due to him, 

mii"pp.'22i|^222, wliich some person to liim unknown, hath in his name received out 

229.' ' of the Treasury. And Praying Relief. 

Read and 



[3d Sess.] Province Laws (i?eso?z;es, e^c). — 1762-63. 337 

Ordered That the Sum of Eleven pounds, thirteen shillings and 
one peny be paid out of the Public Treasury to the Petitioner in full 
consideration for his Loss within mentioned. \_Passed February 11. 



CHAPTER 253. 

RESOLVE IMPOWERING ELISABETH GRAY TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Elisabeth Gray of Berwick Widow Setting forth Rgfor^fjf^t^e 
That her Husband Alexander Gray dying in 1725, She had fourteen Council, xxiv., 

Acres of Land in two parcells set off to her as her Dower or Thirds ^— 

in his Estate, that her Children are all dead except one daughter naUp^-^iry" 
in the Province of New Hampshire, and that neither She nor the 
Petitioners Grandchildren are able to afford her any relief. And 
Praying that She or some person for her may be impowered to sell 
the two parcels of Land aforesaid for her Support. 

[Eead and] 

Resolved, That the Prayer of this Petition be so far granted as 
that Elisabeth Gray the Petitioner by and with the Advice and 
Assistance of the Selectmen of the Town of Berwick be, and hereby 
is impowered to make sale of the Real Estate within mentioned and 
to make and execute a good deed or deeds of the same to the Pur- 
chasers, notice of said Sale being posted thirty days beforehand 
according to the direction of the Law relative to the Sale of Real 
Estates by Executors and Administrators and the money arising 
by said Sale to be put into the hands of the Treasurer of Berwick 
aforesaid, and by him to be put out to Interest, and the Interest 
of the same to be employed for the maintenance of the said Elisa- 
beth Gray; and at her death the principal Sum to belong to the 
legal heirs of the within named Alex"" Gray, as they are respectively 
interested therein, when demanded. {^Passed Fehruary 11. 



CHAPTER 254. 

RESOLVE IMPOWERING CHI: HIGBE, ADM^, TO SELL REAL ESTATE. 

A Petition of Christian Higbe of Sheffield Administratrix of ^efords"ofthe 
the Estate of David Jewell late of Sheffield deceased Setting council, xxiv., 

forth. That the said deceaseds debts exceed his personal Estate ^— 

the sum of £52.7.5, And Praying liberty to sell of the Real Estate "'^^'p® ^^5';''- 
so as to satisfy the said debts. Province 

rT-» T n Laws, 11., 151, 

[Read and J chap. lo. 

Resolved, That the Prayer of this Petition be so far granted, as 
that the Petitioner in her capacity be, and she hereby is impow- 
ered to make Sale of so much of the deceaseds Real Estate within 
mentioned where it will be the least damage, as shall be sufficient 
to discharge the debts due from said Estate being £52.7.5, and for 
the expence of selling, and to pass and execute a good deed of the 
same to the purchaser, She observing the directions of the Law 

1 Sic. 



338 



Province lukv^s (Resolves, etc.). — 1762-63. [Chaps. 255-257.] 



relative to the Sale of Eeal Estates by Executors and Administra- 
tors, and giving sufficient caution to the Judge of Probate in the 
County of Hampshire to account for the proceeds. \_Passed Feb- 
ruary 11. 



CHAPTEE 255. 



ORDER DIRECTING NATHANIEL DWIGHT TO SURVEY AND LAY OUT 
ADDITIONAL LAND FOR MOSES PARSONS. 



Legislative 
Records of the 
Council, xxiv., 
584. 

House Jour- 
nal, p. -Hi. 
Ante, p. 243, 
chap. 50. 



A Petition of Moses Parsons of Middletown in the Colony of 
Connecticut, Setting forth, That in June last he purchased of the 
Government a Township N° 7, and hath in all respects hitherto 
complyed with the terms stipulated; but that the said Township 
as platted and sold interferes with other and former Grants of this 
Province. And Praying an Allowance. 

Eead and 

Ordered That the Prayer of the Petition be so far granted as 
that Nath' Dwight be directed to lay out so much land belonging 
to the Province lying Northerly and Easterly of the Township N** 7 
(after the Line of Hunts Town shall be settled) as may be sufficient 
to make up the deficiency; and return a plan thereof to this Court 
as soon as may be. \^Passed February 11. 



CHAPTER 256. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN SUFFOLK COUNTY. 



LesilBlative 
Records of the 
Council, xxiv., 

584. 

House Jour- 
nal, p. 232. 



In the House of Representatives 
Voted That Royall Tyler and John Phillips Esq''^ with such as 
the hon'''^ Board shall Join be a Committee to farm out the Duties 
of Excise on Tea, Coffee and China Ware for the County of Suf- 
folk the current Year. 

In Council Read and Concurred and Samuel Watts Esq"" is joined 
in the Affair. \_Passed February 11. 



CHAPTER 257. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN ESSEX COUNTY. 



Legislative 
Records of the 
Council, xxiv., 

584. 

House Jour- 
nal, p. 232. 



In the House of Representatives 

Voted That William Brown Esq' and M'' Henry Herrick with 
Such as the hon''''' Board shall join be a Committee to farm out 
the duties of Excise on Tea, Coffee and China ware for the County 
of Essex the current Year. 

In Council Read and Concurred and Nathanael Ropes Esq' is 
joined in the Affair. [Passed February 11. 



[3d Sess.] Province Li aws (Mesolves, etc.). — 1762-63. 339 



CHAPTER 258. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN MIDDLESEX COUNTY. 

In the House of Representatives Legislative 

Voted That Andrew Bordman and Samuel Brooks Esq" with Such counc'if. xxiv^, 

as the hon^'*^ Board shall Join be a Com'®® to farm out the duties 584. 

of Excise on Tea, Coffee and China Ware in the County of Mid- House Jour- 

dlesex the current year. ' • p- - 

In Council Eead and Concurred and Samuel Danforth Esq' is 

joined in the Affair. [Passed February 11. 



CHAPTER 259. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN PLYMOUTH COUNTY. 

In the House of Eepresentatives Legislative 

Voted TYidit Thomas Clap and Thomas Foster Esq-"^ with Such councff, xx^iv^, 

as the hon*"'® Board shall join be a Com'®* to farm out the duties of ^^ 

Excise on Tea, Coffee and china Ware in the County of Plymouth House Jour- 

J 1 J Dtil, p. 2(33* 

the current year 

In Council Read and Concurred and Gamaliel Bradford Esq'' is 
joined in the Affair. [Passed February 11. 



CHAPTER 260. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN WORCESTER COUNTY. 

In the House of Representatives Legislative 

Voted That Timothy Paine Esq' and Cap' John Browne with coS, xxiv.^, 

such as the hou'''® Board shall join be a Committee to farm out the ^^ 

duties of Excise on Tea, Coffee and China ware in the County of House Jour- 
Worcester the current Year. » .p- • 

In Council Read and Concurred and John Chandler Esq' is joined 
in the Affair. [Passed February 11. 



CHAPTER 261. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN HAMPSHIRE COUNTY. 

In the House of Representatives Legislative 

Voted That Josiah D wight and Timothy D wight jun' Esq" with coS xx*v^, 

such as the hon'''® Board shall join be a Committee to farm out the ^^ . 

duties of Excise on Tea, Coffee and China ware in the County of House Jour. 

Hampshire the current Year n . p- • 

In Council Read and Concurred and Israel Williams Esq' is joined 

in the Affair. [Passed February 11. 



340 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 262-265.] 



CHAPTER 262. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN BARNSTABLE COUNTY. 



Legislative 
Records of the 
Council, xxiv., 
685. 

House Jour- 
nal, p. 233. 



In the House of Representatives 

Voted That Edward Bacon Esq' and M"" Chillingworth Foster with 
Such as the honorable Board shall join be a Committee to farm out 
the duties of Excise on Tea Coffee and China ware in the County 
of Barnstaple the current Year. 

In Council Eead and Concurred and James Otis Esq'' is joined 
in the Affair. {^Passed February 11. 



CHAPTER 263. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN BRISTOL COUNTY. 



Legislative 
Records of the 
Council, xxiv., 

5S.5. 

House Jour- 
nal, p. 233. 



In the House of Representatives 

Voted That James Williams and Thomas Morey Esq''^ with such 
as the hon^'*^ Board shall join be a Com'^® to farm out the duties 
of Excise on Tea, Coffee and China ware in the County of Bristol 
the current Year. 

In Council Read and Concurred and George Leonard Esq"^ is 
joined in the Affair. [Passed February 11. 



CHAPTER 264. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE 
COFFEE AND CHINAWARE IN YORK COUNTY. 



ON TEA, 



Legislative 
Records of the 
Council, xxiv., 
585. 

House Jour- 
nal, p. 233. 



In the House of Representatives 

Voted That John Bradbury and James Gowen Esq""* with such as 
the hon^'^ Board shall join be a Committee to farm out the duties 
of Excise on Tea, Coffee and China ware in the County of York 
the Current Year. 

In Council Read and Concurred and Nathanael Sparhawk Esq' 
is joined in the Affair. [Passed February 11. 



CHAPTER 265. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN THE COUNTY OF DUKES COUNTY. 



Legislative 
Records of the 
Council, xxiv., 
586. 

House Jour- 
nal, p. 233. 



In the House of Representatives 

Voted that James Athearn and Jonathan Allen Esq" with such 
as the honorable Board shall join be a Com'*'* to farm out the duties 
of Excise on Tea Coffee and China ware in the County of Dukes 
County the current year. 

In Council Read and Concurred and Mathew Mayhew Esq' is 
joined in the xiffair. [Passed February 11. 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 341 



CHAPTER 266. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN NANTUCKET COUNTY. 

In tlie House of Eepresentatives Legislative 

Voted That Abishai Folger and Obed Hussey Esq" with such as coS xxi^v*!, 

tlie hon*^'* Board shall join be a Committee to farm out the Duties ^^ 

of Excise on Tea, Coffee, and China Ware in the County of Nan- House Jour- 
tucket the current Year. '^" 

In Council Eead and Concurred and Jonathan Coffin Esq" is 
joined in the Affair. [Passed February 11. 



CHAPTER 267. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN CUMBERLAND COUNTY. 

In the House of Eepresentatives Legislative 

Fo^e^ That Francis Waldo and Stephen Longfellow Esq" with coSxxu*:, 

such as the honorable Board shall join be a Committee to farm ont ^^ . 

the duties of Excise on Tea Coffee and China Ware in the County House Jour 

of Cumberland the cnrrent Year. '^" 

In Council Eead and Concurred and Samuel Waldo Esq' is joined 

in the Affair. [Passed February 11. 



CHAPTER 268. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN LINCOLN COUNTY. 

In the House of Eepresentatives Legislative 

Voted That William Cushing Esq' and M' Thomas Moulton with coum-if, xliv^. 

such as the hon""'* Board shall join be a Committee to farm out the ^^ 

duties of Excise on Tea, Coffee and China Ware in the County of ^^^^^^J^"^- 
Lincoln the current Year. na , p. . 

In Council Eead and Concurred and Samuel Denny Esq' is joined 
in the Affair. [Passed February 11. 



CHAPTER 269. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN BERKSHIRE COUNTY. 

In the House of Eepresentatives Legislative 

Voted That John Ashley and Timothy Woodbridge Esq" with councff, xx"vt 

such as the honorable Board shall join be a Com*^*^ to farm out the ^^ . 

duties of Excise on Tea, Coffee and China ware in the County of ^<j°"^® .f^*^^' 

Berkshire the current Year. 

In Council Eead and Concurred and Joseph Dwight Esq' is joined 

in the Affair. [Passed February 11. 



342 



Province Ij aws {Mesolves, etc.). — 1762-63. [Chaps. 270, 271.] 



Legislative 
Records of the 
Council, xxiv., 

5S6. 

Mass. 
Archives, 
xxxiii., 226, 
227; Ixxx., 61, 
62, 278, 279. 
House Jour- 
nal, pp. 238, 239. 



CHAPTEE 270. 

ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

The House entered into consideration of Petitions of Soldiers 
&c and the following Orders passed viz'' 

Ordered That the sum of Three pounds eighteen shillings be paid 
out of the Public Treasury to Joseph Joselyn Esq'' in full for the 
Sufferings of his Servant named. 

Ordered that the Sum of Three pounds twelve shillings be paid 
out of the Public Treasury to Cap' Timothy Metcalf for the use 
of Pelatiah Man in full. 

Ordered That the sum of One pound, sixteen shillings be paid 
out of the Public Treasury to Benjamin Chadbourne Esq"' for the 
use of each one of the Petitioners viz' Stephen Perkins, Paul Ford, 
Daniel Eanly, Moses Butler and Eliakim Bickford, each the said 
sum of One pound, sixteen shillings in full. 

Ordered That the sum of One pound, sixteen shillings be paid 
out of the Public Treasury to Benjamin Chadbourne Esq"" for the 
use of Thomas Jellison in full. 

Ordered That the sum of One pound sixteen shillings be paid 
out of the Public Treasury to Benj^ Chadburn Esq'' for the use of 
Sam^ Jellison in full. 

Ordered That the sum of Three pounds fourteen shillings and 
eight pence be paid out of the Public Treasury to Timothy Wood- 
bridge Esq' for the use of Laurence Linch in full. 

Ordered That the Sum of Eighteen pounds nine shillings and 
nine pence be paid out of the Public Treasury to the Petitioner 
James Wesson in full of his Account annexed to his Petition. 
[Passed February 12. 



CHAPTEE 271. 

RESOLVE IMPOWERING NATHANIEL BRYANT AND EXPERIENCE MANS- 
FIELD, ADMINISTRATORS, TO SELL REAL ESTATE. 



Legislative 
Records of the 
Council, xxiv., 

.587. 

House .Jour- 
nal, p. 237. 
Province 
Laws,li., 151, 
chap. 10. 



A Petition of Nathanael Bryant and Exjjerience Mansfield of 
Halifax in the County of Plymouth Administrators of the Estate 
of Benj'^ Curtis late of said Halifax deceas'd Setting forth. That 
upon making up their Administration Account there is a ballance 
of £16.16.1 due to them more than the amount of his personal 
Estate; and praying leave to sell as much of the real Estate as will 
discharge the said Account together with the charges attending the 
same. And further representing That the s*^ Intestate had bargained 
for and sold a piece of Swamp Ground in Halifax to Abner Cush- 
man of said Halifax and received the full consideration for the 
same, but dyed without executing a deed of the same; And Pray- 
ing that they be impowered to give a deed of the premises agree- 
able to the Bargain made therefor 

[Read and] 

Resolved That the Prayer of this Petition be so far granted as 
that the Petitioners in their said capacity be, and hereby are fully 
authorized and impowered to make sale of so much of the Real 
Estate of the said Benjamin Curtis deceased as shall be sufficient 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 343 

to pay his just debts and the charge and expence attending said 
Sale, and to execute a good deed or deeds of the same, observing 
the directions of the Law for the Sale of Eeal Estates by Execu- 
tors & Administrators and giving sufficient caution to the Judge 
of Probate for the County of Plymouth that the monies arising by 
the Sale thereof shall be truly applyed to the purposes aforesaid ; 
and they are also hereby fully impowered to execute a good deed 
of the piece of Swamp Land mentioned in said Petition, which 
the Intestate in his Life time bargained and sold to Abner Cush- 
man of said Halifax, which shall be as valid in law as if it had 
been made and executed by the Intestate himself. \^Passed Feb- 
ruary 12. 



CHAPTER 272. 

ORDER LEVYING A TAX OF 1 PENNY PER ACRE ON LANDS OF NON- 
RESIDENT PROPRIETORS OF THE TOWN OF GREENWICH. 

A Petition of Robert Cutler, Agent for the Inhabitants of Legislative 
Greenwich in the County of Hampshire Setting forth. That they councif.xxiv., 

have been at great expence in supporting the Gospel in said place, ^^' ^^^- 

having since the Year 1749 settled two Ministers: that a great part J;®s'^'l"'^Lv, 

r.iT !• •nm 1-11 TIT -1 i-P • Records of the 

01 the Land in said Township belongs to JNonresident Proprietors Council, xxiv., 
who either neglect or refuse to settle the same : And Praying that iloustfjou^r- 
a tax of 2^^ ^ Acre may be laid on all such lands for the term of °fo''|i'(^' 1^2^240 
3 Years to be paid to the minister they have lately settled in addi- 241! pi-ovj'nce' 
tion to the Settlement already voted him by the Petitioners. note.^'^' '^' 

The Committee appointed the 7* Instant on the Petition of 
Robert Cutler, having made Report, the following Order passed 
thereon viz' 

Read and Accepted, And thereupon 

Ordered That the Prayer of the Petition of Robert Cutler Agent 
for the Inhabitants of Greenwich be so far granted- as that there be 
a Tax of one peny ^ Acre levied and assessed upon the Lands of 
the Nonresident Proprietors of the said Town of Greenwich for the 
space of four Years next ensuing towards the Support and for the 
encouragement of the present minister the Rev'' M'' Cutler: and 
the said Town be empowered to appoint suitable persons to assess 
and collect the same : Saving that those Thirty Lots now annexed 
to New Hingham be exempted from the said Tax, as also Six hun- 
dred and eighty Acres belonging to M'' Thomas Green of Boston, 
Provided nevertheless that if at any time before the expiration of 
the said four four' years the said M^ Cutler shall cease to be the 
Minister of the said Town, the Tax aforesaid shall from that time 
determine and cease. \^Passed February 12. 

1 &ic. 



3M 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 273, 274.] 



Legislative 
Records of tlie 
Council, xxiv., 

5S8. 

House Jour- 
nal, pp. 235, 239. 
Province 
Laws, iv.,635, 
note. 



CHAPTER 273. 

ORDER OF NOTICE ON THE PET^ OF ED: WING, JUN'', QUAKER, TO 
HAVE HIS ESTATE, WHICH WAS FORFEITED FOR FAILURE TO AT- 
TEND MILITARY DUTY, RESTORED TO HIM. 

A Petition of Edward Wing of Sandwich Setting forth, That 
Elisha Bourn of Sandwich, Clerk of the Military Company there 
recovered Judgment against the Petitioner at the Inferior Court 
held at Barnstaple in May 1757 for £30 debt and £1.18.6 Costs for 
not attending a military muster, and Execution was levyed on his 
Estate viz' Six Acres and 30 rods of Land which he purchased not 
many years since at the rate of £9.17.4 ^ Acre, which Land the 
said Elisha Bourn afterwards Sold to one Lot Nye who now claims 
the same. That the Pef is one of the People called Quakers, and 
his non attendance on the military muster aforesaid was occasioned 
Solely by Scruples of conscience and did not proceed from obstinacy 
and Contempt, and that the execution was levyed after the law was 
rejoealed, and two thirds of the Fine remitted. And Praying Eelief. 

The Committee on the foregoing Petition of Edward Wing hav- 
ing made Eeport; 

Eead and so far accepted as that it be recommended to the within 
named Lot Nye to reconvey the Estate herein mentioned to Edward 
Wing jun"" one of the Petitioners, the said Lot first receiving the 
money he gave for said Land and the interest thereof to the day 
of payment from the day he paid it : Otherwise that Elisha Bourn 
within named be served with a copy of this Petition that he may 
shew cause (if any he hath) on the second Wednesday of the next 
May Session why the Prayer thereof should not be granted. \_Passed 
February 12. 



CHAPTER 274. 



ORDER ALLOWING £30 TO EDW" CROEL. 



Legislative 
Records of the 
Council, xxiv., 
589. 

House Jour- 
nal, pp. 227, 236. 
Ante, p. 319, 
chap. 216. 



A Petition of Edward Croel ' of Salem Setting forth, That 
in December 1759. He was Keeper of the Goal in said Town, when 
he had committed to his Custody one Judith Adams a common 
Vagrant and Stranger in the Province whom he kept at his own 
expence for more than two Years and a half, within which time 
She broke Goal and procured the Escape of John Debeau which 
cost the Petitioner upwards of Six pounds. And Praying Relief. 

Read and 

Ordered That the sum of Thirty pounds be paid out of the Public 
Treasury to the Petitioner in full discharge for his trouble and 
expence mentioned. \^Passed February 12. 

' The House Journal, p. 236, reads, " William CrowellJ" 



[3u Sess.] Province Laws {Resolves, etc.). — 1762-63. 345 



CHAPTER 275. 

RESOLVE IMPOWERING MARTHA CASWALL, ADM^, TO SELL REAL 

ESTATE. 

A Petition of Martha Caswall Administratrix of the Estate of Reford^of^jhe 
John Caswall late of Rehoboth deceased Setting forth, That the council, xxiv., 

deceaseds Personal Estate is insufficient to pay his just debts; and ^— 

that she hath been for twelve months past in a languishing condi- nai"pp!^237^238. 
tion, and hath several small Children to provide for. that the Real Province 
Estate consists of a small house and about four Acres of Land, chap.'io.' 
And praying liberty to make sale of the same. 

[Read and] 

Resolved That the Prayer of this Petition be so far granted as 
that the Petitioner in her capacity be, and She hereby is impowered 
to make Sale of the Real Estate within mentioned for the most the 
same will fetch to enable her to discharge the debts of said deceased, 
and for the future Support of the Petitioner and her Children, and 
to pass and execute a good deed or deeds of the same, she observing 
the directions of the Law relative to the Sale of Real Estate by 
Executors and Administrators & giving sufficient caution to the 
Judge of Probate for the County of Bristol to account for the pro- 
ceeds arising by said Sale according to Law. \^Passed February 12. 



CHAPTER 276. 

ORDER DIRECTING THE PROVINCE TREASURER TO INQUIRE INTO THE 
PAYMENT OF WAGES DUE JON'^ TORREY. 

A Petition of Jonathan Torrey of a place called Wales in the Legislative 
County of Hampshire Setting forth, That in the Year 1760 he coundi^xxlv! 
served as a Soldier in the Pay of the Province, and that his Wages 59o. 
as made up in the Muster Roll amounted to £17.11. but that in the House Jour-^ 
Sutlers Column there is £5.1.4 set against his name and a receipt Sn.'^*'' '' " ' 
of Cap' Levi AVillard for the said Sum, when in fact the Petitioner 
never had any Supplies of the Sutler. And Praying Relief 

Read and 

Ordered That the Treasurer be directed to notify M'' Levi Willard 
to render an Account of Five pounds one shilling and four pence , 
within mentioned and the reason of his stopping and receiving the 
same. \_Passed February 12. 



CHAPTER 277. 

ORDER ON THE PETITION OF THE SELECTMEN OF SALEM IN REGARD 
TO THE CAPTURE AND DETENTION AT NEW PROVIDENCE OF A FLAG 
OF TRUCE. 

A Petition of Samuel Curwen and Others Selectmen of Salem Legislative 
Setting forth, That in June last a Flag was granted by his Excel- c ouncif, xl*i v^ 
lency Governor Bernard to Cap' Michael Driver to proceed to Cape 54-2, 582. 



34:6 



Province Laws {Resolves, etc.). — 1762-63. [Chap. 278.] 



Refordsof^the S'rancois for the redemption of two Hostages then Prisoners at the 
Council, xxiv., Cape. That in the prosecution of his Voyage he was unwarrantably 
Journaf"^^ Seized on and carried into Providence by a Privateer commanded 
ro- 1*^6, 187, 235, ijy Qjje (japt M'^Daniel as by a memorial preferred by Cap^ Eichard 
Derby in September last will more fully appear. That after being 
detained there six weeks he proceeded on his Voyage and being 
arrived there paid the price of the said Hostages redemption, and 
being ready to return home, these unhappy Sufferers together with 
the said Cap* Driver and his Crew were all by a French Man of War 
forced to S' lago on the Island of Cuba being first laden Avith Ammu- 
nition and Warlike Stores, and being arrived at said Port were there 
imprisoned. That the Inhabitants of Salem touched with compas- 
sion for the Suffei'ings of their Townsmen have directed the Peti- 
tioners to rejjresent their unhappy case to this Court, and pray their 
interposition for their Relief ; and especially that the first Aggressors 
who have been the Occasion of the whole may if possible be called 
to account for the Indignities offered to this Flag and the damages 
consequent thereupon. 

The Committee upon the Petition of the Select men of Salem 
relative to the Capture and detention at New Providence of a cer- 
tain Schooner under the Command of Cap' Michael Driver with a 
Commission of Truce from his Excellency Governor Bernard hav- 
ing made Eeport ; Eead and 

Ordered That the Secretary cause a fair copy of the said Petition 
and of the Affidavit of the said Michael Driver taken in perpetuam 
Eei Memoriam to be made out together with a copy of the Account 
exhibited thercAvith, which is judged to be a reasonable Account. 
And that his Excellency be desired to transmit the same to his 
Excellency Governor Shirley to New Providence, or the commander 
in chief there, and to represent the Loss and hardship attending 
this Affair and to urge his interposition for the obtaining Eedress 
to the Sufferers. \^Passed February 14.^ 



CHAPTER 278. 



RESOLVE IMPOWERING SARAH COTTLE TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv.," 
590. 

House Jour- 
nal, p. 241. 
I'rovince 
Laws, ii., 151, 
chap. 10. 



A Petition of Sarah Cottle of Chilmark Widow of Benjamin 
Cottle deceased, Setting forth. That her said husband dyed about 
4 Years since, and hath 3 small Children living, one of which was 
born since his decease; that his personal Estate is gone to pay his 
just debts and towards the support of his said Children; that he 
left about six Acres of unprofitable Land, and She being unable 
any Longer to support the said Children. Praying that She may be 
iinpowered to make Sale of the said Eeal Estate for their Support. 

[Eead and] 

Resolved That the Prayer of this Petition be granted : And that 
the within named Sarah Cottle be, and She hereby is impowered 
for the reasons in said Petition mentioned to make Sale of the Eeal 
Estate withinmentioned and to make and execute a good deed thereof 
to the Purchaser, She observing the directions of the Law relative 



* This date is accordino; to the House Journal; according to Legislative Records of the 
Council the date is February IL 



[3d Sess.] Province Laws (Resolves, etc.). — 1762-63. 347 

to the Sale of Real Estates by Executors and Administrators and 
giving sufficient caution to the Judge of Probate for the County 
of Dukes County to apply the proceeds thereof in the following 
manner namely. That the same he put out at interest, and two 
thirds thereof be employed for the use and support of the Chil- 
dren, the other third for the use of the Petitioner during life, and 
at her death to belong to the legal heirs, that then may be. \^Passed 
February 14. 



CHAPTER 279. 

ORDER ALLOWING £114. 11. 11 TO RICHARD CUTT, ESQ^, FOR EXPENSE 
OF RUNNING BOUNDARY OF CERTAIN TOWNS. 

Ordered That the Expence of the Committee appointed by the Legislative 
General Court in February 1763 to run out and fix the Bounds of nine couSxxiv^, 
Townships in the Counties of York and Cumberland, the ballance 594. 
of whose Account amounting to the sum of One hundred and four- House Jour- 
teen pounds 11/11 signed by Rich'^ Cutt be paid as follows. provmct*^" 

Laws, iv.,628, 

f 1 .1, -,„ „ , 694, notes. 

Falmouth £16. /. o ^nie, p. 147, 

Scarborough 16. 7. 5 chap. 345. 

Biddeford 8. 7. 5 

Pepperrellborough 8. 0. 

Gorham Town 16. 7. 5 

Pearson Town 16. 7. 5 

Windham 16. 7. 5 

The Province 16. 7. 5 

114. 11. 11 

Each of the above Towns to be taxed for the same in the next 
Province Tax Act unless any of them shall pay their proportion as 
aforesaid into the Province Treasury before the issuing of said Tax; 
and that the whole Sum be now paid out of the Province Treasury 
to said Richard Cutt Esq'' in full discharge of said Account, and 
by him to be paid to those to whom the same is respectivefully due. 
\^Passed February 15. 



CHAPTER 280. 



ORDER ALLOWING 20/ AND A FURTHER SUM OF 12/ TO SAM'- WADE. 

A Petition of Samuel Wade Setting forth, That he served as Legislative 
a Private in Cap*^ Harts Company in 1761, and never received his councif xxiv^ 
Blanket or billetting money : the same being certified by the said 594. 
Captain. And Praying an Allowance. House Jour- 

Read and nai.pp.24o,24T. 

Ordered That the sum of twenty shillings be paid out of the 
Publick Treasury for billetting, and tAvelve shillings for a Blanket, 
neither of which Sums he has yet received. The said Sums to be 
paid to Ezra Green Esq"" for the Petitioners use in full. \^Passed 
February 15. 



348 



Province 'Lpl-ws, {Resolves, etc.) . — 1762-63. [Chaps. 281-283.] 



CHAPTER 281. 



ORDER ALLOWING £6. 2 TO EDW" GALLOW. 



Legislative 
Records of the 
Council, xxiv., 
594. 

House Jour- 
nal, p. -240. 



A Petition of Edward Gallow of Scituate Setting forth That 
He with two of his Sons inlisted into his Majesty's Service in the 
pay of the Province in 1762 and went to Halifax; that his said two 
Sons went to Newfoundhmd and were at the reduction of S* Johns, 
and before they returned to New England were taken sick and so 
continued for eight weeks, which was very expensive to the Peti- 
tioner. And Praying an Allowance. 

Eead and 

Ordered That the Sum of Six j)Ounds two shillings be paid out 
of the Public Treasury to Thomas Clap Esq'' for the use of the 
Petitioner in full, \^Passed February 15. 



Legislative 
Records of the 
Council, xxiv., 
595. 

House Jour- 
nal, pp. 171, 246. 
Ante, p. 296, 
Chap. 162. 



CHAPTER 282. 

ORDER IMPOWERING THE REFERREES TO RECONSIDER THEIR DECI- 
SION IN THE SUIT OF DAVID BALDWIN VS. BEZALEEL LEARNED, &c. 

A Petition of David Baldwin [^aiite, p. 396, chap. 162] 
Eead together with the Answer of Bezaleel Learned (the adverse 
Party) and thereupon 

Ordered That the Prayer of this Petition be so far granted, as 
that the Referrees thereinmentioned be, and they hereby are im- 
powered to reconsider the Report by them made relative to the Con- 
troversy betwixt the Petitioner and the said Bezaleel, and (upon a 
further hearing of the Parties) to make such alteration therein as 
to them shall appear to be most equitable and Just ; and to make 
report of their Doings in the Premises to the Justices of the Infe- 
rior Court of Common Pleas to be holden within and for the County 
of Middlesex on the second Tuesday in May next; and the said Jus- 
tices are hereby authorized to receive such Report, and to enter up 
Judgment thereon : and the former Report of the said Referrees and 
Proceedings had thereon are hereby superseeded and declared null 
and void. \^Passed February 15. 



CHAPTER 283. 



RESOLVE ADJOURNING THE COURTS OF BERKSHIRE COUNTY. 



Legislative 
Records of the 
Council, xxiv., 

,596. 

House Jour- 
nal, pp. 249, 250. 
Province 
Laws, iv., 432, 
Chap. 33. 



Resolved That the Court of General Sessions of the Peace and 
Inferior Court of Common Pleas, one whereof is by adjournment, 
the other by Law to be held at Pittsfield within and for the County 
of Berkshire on the first Tuesday of March be, and hereby are ad- 
journed to the first Tuesday of April next at ten of the clock in 
the Forenoon of said day, then to be held at Great Barrington 
within and for said County of Berkshire, and all Pleas, Writs, 
Actions, Suits, Plaints, Processes, Precepts, Recognizances, and 
all other Thing and Things whatever returnable, or that have or 



[3d Sess.] Province Laws (^Resolves, etc.). — 1762-63. 349 

may have day or days in the said Courts shall stand, abide and 
continue unto the said Adjournment, and be held, deemed and 
adjudged to be as good effectual and available in the LaAV to all 
Intents and Purposes whatever as if the said Courts had been held 
and kept at Pittsfield aforesaid on the day by Law for holding the 
same, and no Adjournment thereof had been made. \^Passed Feb- 
ruary 16. 



CHAPTER 284. 

ORDER ALLOWING £3 AND A FURTHER SUM OF 20/, ALSO £4 ANNU- 
ALLY FOR THREE YEARS TO JABEZ JOSEPH, INDIAN. 

A Petition of Jabez Joseph, Indian Man of Plymouth Setting Legislative 
forth That he served as a Soldier in Cap'^ Bassets Company of Col" councif *xxw! 
Hoars Kegiment at Crown Point in 1761, and that in his way home 596 . 
he froze both his feet, and lost part of both, so that he is like to be House Jour- 
a Cripple all his days. And Praying an Allowance. nai, pp. •252,253. 

Read and 

Ordered That the Sum of Three pounds be paid out of the Pub- 
lick Treasury to the Petitioner; and a further sum of twenty shil- 
lings at the end of the Year from the first day of June last: the 
Sums aforesaid to be paid M' Stephen Nye to be by him delivered 
to M' Elisha Tupper for tlie use of the Petitioner. 

Ordered also that the Sum of Four pounds be annually paid to 
M'' Elisha Tupper from the first day of June last for the term of 
three years if the Petitioner lives so long for the said Petitioners 
use in full. \^Passed February 16. 



CHAPTER 285. 

ORDER ALLOWING £0. 10 TO CALEB HASKELL. 

A Petition of Caleb Haskell of Newbury Setting forth, That ^gf^rds^of the 
his Apprentice John Davis in the year 17G0 inlisted as a Soldier in council, xxiv., 

the Pay of the Province in 1760, and was some time after taken ^Ih. 

sick of the Small pox, the expence of which cost the Petitioner naTp'253"^' 
£8.13.7, and after his recovery he joined his Company and served 
the Campaign. And Praying an Allowance. 

Read and 

Ordered That the Sum of Five pounds ten shillings be paid out 
of the Publick Treasury to Joseph Gerrish Esq"" for the use of the 
Petitioner in full. \^Passed February 16. 



CHAPTER 286. 

ORDERS CONFIRMING THE BOUNDS OF THE FIFTH PARISH IN NEW- 
BURY AND REGULATING THE PAYMENT OF TAXES, &c. 

Upon the Petitions of Nathanael Ordway and Others of the 2<^ R|ford"If the 
Parish in Newbury, of Ch: Hodge in behalf of the S'^ Parish, and council, xxiv., 
of Moses Bradstreet and others of the Presbyterean Society in said '^^1^ 



350 Province Laws {Resolves, etc.). — 1762-63. [Chap. 286.] 

naTpp'^2f/ 'sii Newbury representing the difficulties they labour under with regard 
(February,'" to their Parish Affairs, and collecting money for the Support of the 
•25if Proyfnce Grospcl ministry among them. And Praying Eelief . 
cha^^'423 ^'' "^'^' "^^^^ Rcport of the Committee to whom was referred the Petition 
. ' " ' of the 2"^ and o'^ Parishes in Newbury was read and accepted. And 

Thereupon 

Ordered That the 5''' Parish in Newbury be confirmed in all its 
Bounds without alteration, and that all those Inhabitants of the 
said Fifth Parish living Westward of Artichoak Eiver so called, 
Avho desire to return to the second Parish and shall within three 
months in writing under their hands return their names into the 
Secretary's Office signifying such their desire; such person or per- 
sons and their Estates within the said fifth Parish shall from thence- 
forth be exempted from all Parish Taxes in the said fifth Parish, 
and for the future shall do duty and receive Priviledge in the said 
second Parish as fully to all intents and purposes in law as if said 
persons and their Lands lay within the second Parish. And that all 
those persons Inhabitants of the said fifth Parish who Avere Inhab- 
itants of the 2'' Parish and were assessed in Taxes to the second 
Parish before the fifth Parish was erected into a distinct and sep- 
erate Parish shall pay all such Sum and Sums of money yet unpaid, 
Avhich were assessed as aforesaid into the Treasury of the said second 
Parish, and that the Collectors of the said second Parish that then 
was Avhen the said Taxes were made, be, and they hereby are directed 
and impowered forthwith to collect the same accordingly, notwith- 
standing the Assessors who laid the said Tax had not taken the 
money Oath as by Law directed, saving only the sum of Ten pounds 
out of the money aforesaid to be paid to the Committee of the fifth 
Parish for what Interest the Inhabitants of the fifth Parish had in 
the old meeting house in the said second Parish, 
And further 

Ordered That all the Inhabitants of the fifth Parish who were 
taken off from the third Parish, and did not petition to be set off, 
which do now desire to return to the said third Parish, and shall 
within three months by writing under their hands return their 
names into the Secretary's Office signifying such their desire; such 
Person or Persons and their Estates within the said fifth Parish 
shall from tlienceforth be exempted from all Parish Taxes in the 
said fifth Parish, and for the future shall do duty and receive privi- 
ledge in said third Parish as fully to all intents and purposes in law 
as if said Persons and their Lands were within the said third Parish, 
and they were Owners of Pews there. 
And further 

Ordered That all such Houses and Lands lying within the said 
third Parish which are not already by Law exempted, whether the 
Owners or Occupants thereof live in or out of the said third Parish 
not lyable by law to be taxed to the Church of England or by Law 
exempted from payiug Parish Taxes on account of being Quakers, 
or their attendance on the ministry of the Rev<^ M' Jonathan Par- 
sons, shall and may be taxed to all Parish Taxes in the said third 
Parish as fully to all intents and purposes whatsoever as if said 
Houses and Lands belonged to or were owned by Proprietors or 
Occupants of Pews in the meeting house of the said third Parish. 
[Passed February 16. 



[;3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 351 



CHAPTER 287. 

RESOLVE ALLOWING £160 AND 1,000 ACRES OF LAND TO JOS: D WIGHT, 

ESQ'^. 

A Petition of Joseph Dwight of Great Barrington Setting Legislative 
forth That in the Year 1751 the General Court ordered a number councif xxiv*' 
of Mohawk Children to be taken into a School at Stockbridge and q^^- 
instructed at the expence of this Government (together with a num- House Jour- 
ber of Boys then maintained at the expence of M"" Isaac Hollis) m^'pi-ovince' 
except so far as was provided for by M'' Hollis or by the Corpora- note -^xi^'' ^450 
tion for propagating the Gosijel: upon which Order of the Govern- chap'. 107 • '063,' 
ment a Committee was appointed, of which the Petitioner was one chap! ili;^xv., 
who was constantly in the business and expended to the Amount ^}nu^^^'>^2^' 
of £120 Sterl^ over and above what he has ever received, an Account chap'. 56." 
whereof he exhibited to the Court in January ITol for Allowance; 
but no Allowance being then made him, he applyed to M"' Martyii 
Kellog Executor to M' Martyn Kellog Agent to said M"" Hollis, who 
had assured him of payment from M"" Hollis; whereupon the said 
Executor drew his Bills upon him for the said Amount, which were 
returned protested with charge. And Praying an Allowance there- 
for, and for the Interest of the same for eight years. 

And further Setting forth. That in the Year 1754 in considera- 
tion of his personal Service in caring and providing for a number 
of Mohawk Families invited by this Government to Stockbridge, 
the Court made him a Grant of 3 Rights of Land in a Township 
lying between Northampton and Pontoosuck, which land was not 
reserved when that Township was sold by order of Court in Jvme 
last. And Praying for an Equivalent. 

Eead and 

Resolved That there be allowed and paid out of the Public Treas- 
ury, out of the Interest of the money given by Sir Peter Warren 
for pious and charitable uses, to the Petitioner Joseph Dwight Esq^ 
the Sum of One hundred and sixty pounds in full for his Services 
mentioned in said Petition. 

And further 

Resolved That there be granted to the said Josepli Dwight One 
thousand Acres of Land to be laid out in some of the unappropriated 
Land in the Western part of this Province in two parcels, if he see 
cause; he to return a plan tliereof within one year from this time: 
Provided he release to the Province all right and title in the three 
Rights of Land mentioned in the Petition. \_Passed February 16. 



CHAPTER 288. 

ORDER ALLOWING £4 PER ANNUM TO DAN'- HOWARD, ESQ^. 

A Petition of Daniel Howard Esq' Setting forth That this Court Legislative 
in their present Session made a Grant of Three pounds to Joseph councff.xxivf, 

Muxliam a Soldier in the pay of this Province in consideration of ^^ . 

his Sufferings in the Service; and as he is much disabled by the Ho"se Jour- 
Loss of his Toes, Praying that he may be allowed a Pension. Ante^'T^'.-iii, 

Read and ^^^i'- ^^^' 



352 



Province Laws (Besolves, etc.). — 17 62-(yS, [Chaps. 289,290.] 



Ordered That the sum of Four pounds ^ Annum be allowed out 
of the Public Treasury to Daniel Howard Esq'' for the term of four 
years for the use of the said Joseph Muxhani as he shall judge best. 
[Passed February 16. 



CHAPTEE 289. 



ORDER IMPOWERING JOHN DIX AND JOHN COOK, EXECUTORS, TO SELL 
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 



Legislative 
Records of the 
Council, xxlv., 

599. 

House Jour- 
nal, p. 254. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of John Dix of Waltham Yeoman and John Cook 
of Watertown miller Executors of Stephen Cook of Watertown, 
Miller deceased, Setting forth. That the said deceased devised the 
Eemainder of his Estate both Eeal and personal to and among his 
Children and Grand children as particularly mentioned in his Will. 
That there is of the said deceaseds Estate to be thus divided about 
one quarter of an Acre of Land in Cambridge near the Market 
place with a House & two Shops standing thereon, also about three 
acres of Salt marsh lying upon Charles Eiver in said Cambridge, 
which being incapable of a division, those of the heirs who are of 
age are desirous of selling the same, And Praying that they may 
be empowered in behalf of the Minors to join with them in the 
Sale of the premises. 

Read and thereupon 

Ordered That the Prayer of this Petition be granted, and that 
the said Executors together with the aforementioned Devisees of 
lawful age, and the Guardians of such of the Devisees, or of their 
legal Representatives as are in their minority, be, and they hereby are 
Authorized and impowered to make sale of the whole of the premises 
to as good advantage as may be, and to give and execute a good and 
sufficient deed or deeds of conveyance of the same : notice of such 
Sale being previously given in time and manner as the Law relating 
to the Sale of Real Estates by Executors and Administrators doth 
direct : such proportion of the proceeds of such Sale as belongs to 
the Minors, to be put out on interest, and both principal and Inter- 
est to be paid to them severally as they shall arrive at lawful age 
or marriage. \^Passed February 16. 



CHAPTER 290. 

RESOLVE CONFIRMING THE ASSESSMENT ON ESTATE OF AMMI CHASE 

OF FREETOWN. 



Legislative 
Records of the 
Council, xxiv., 

600. 

House .Jour- 
nal, p. 24.3. 
Province 
T^aws, iv., 632, 
note. 



A Petition of Abiel Terry and Otliers, Assessors of the Town 
of Freetown Setting forth. That in making their Assessment for 
the Year 1762, one Ammi Chase was omitted, and the Rate Bill 
Avas committed to one John Hathaway a Constable in said Town 
before the mistake was found, and he refuses to deliver the same 
back, that the mistake aforesaid may be rectified. And as there is 
danger of some difficulties arising in collecting the Taxes, Praying 
that the said Assessment may be confirmed, and that they may be 
empowered to assess the said Ammi Chase Avhat liis proportion of 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 353 

the said Tax would have been, and that the same may be paid into 
the Town Treasury to defrey the charge of said Town, whereby 
every person therein will have their proportionable part of the 
benefit of the said Chases Tax. 

Read and 

Resolved That the Prayer of the Petition of the Assessors of the 
Town of Freetown be granted, and they be and are hereby impow- 
ered to assess the Polls and Estate of Ammi Chase by the same 
Rules and in the same proportion as the other Inhabitants of that 
Town are assessed in the last years assessment, and that the money 
arising thereby be paid into the Town Treasurer for the use of said 
Town ; and that the assessment made on said Town for the last year 
be as good and valid to all intents and purposes as tho' the mistake 
or omission as mentioned in their Petition had never happened. 
{^Passed February 16. 



CHAPTER 291. 

ORDER GRANTING TO SAMUEL BROWN LICENCE TO KEEP AN INN. 

A Petition of Woodbridge Brown of Abington Setting fortli Rll^rds'of t^e 
That there is no public House of entertainment in said Town on Council, xxiv., 
the Country Road from Bridgwater to Boston, tho' the major part Archiv^esTcxi.. 

of the Inhabitants of said Town are desirous that one Samuel Brown ^^ 

should keep a Public House where he now lives near the Meeting House Jour- 
House, and that there has been one there for near forty years past. °^ '^^' ' " ' 
And Praying that the Court of General Sessions of the Peace for 
the County of Plymouth may be empowered to grant him a License 
at their next term accordingly. 

Read and 

Ordered that the Justices of the Gen' Sessions of the Peace for 
the County of Plymouth be impowered (if they see cause) to grant 
the abovenamed Samuel Brown a Licence to keep Tavern. He first 
obtaining the approbation of the select men of Abington for that 
service. The time for granting Licences being elapsed notwith- 
standing. \_Passed Feh'uary 16. 



CHAPTER 292. 

RESOLVES IN REGARD TO TAXES ON N" 4, AND ROXBURY CANADA. 

Upon the Petitions of Joseph Williams Esq"" in behalf of the Legislative 
Proprietors of Gardner's Canada and of Eldad Taylor Esq^ in behalf ^^^^^ ^xw® 
of the Inhabitants of N" 4 [ante, pp. 273, 274, chaps. 114, 115] the eoi- ' ' 

following Resolve passed viz* House Jour. 

Resolved That the Prayer of the Petitioners for N" 4, in the If^^l'^Qi)^^ 
County of Berkshire and of Roxbury Canada in the County of pp- e?,' n4, 247. 
Hampshire be granted; and that the Province Taxes laid thereon Laws, iv., 694, 
in the year 1761 and 1762, amounting in the whole to the Sum of p^fvs.^hap.' 
One hundred and eighty four pounds, seven shillings and six pence ij^*^; Pj^J*. 
be taken off, and laid on the Towns of Springfield, Northampton, 



354 Province Laws {Resolves, etc.). —1762-63. [Chaps. 293, 294.] 

Hatfield, Westfield, Deerfield, Brimfield and Greenfield in their 
Province Tax for the Year 1703, in the following manner and pro- 
portion viz* on Greenfield the sum of Four pounds seven shillings 
and six pence ; and on every of the other beforementioned Towns 
the sum of Thirty pounds each making in the whole the said sum 
first abovementioned : And also for the future there be added to 
the said Towns of Springfield, Northampton, Hatfield, Westfield 
Deerfield & Brimfield four shillings each to a thousand pounds 
Province Tax, and to the Town of Greenfield seven pence to the 
thousand pounds (being part of their proportion set by the Com- 
mittee of this Court for settling the valuation in the year 1761) 
and to be continued from year to year until the further order of 
this Court. \^Passecl February 16. 



CHAPTEK 293. 

Legislative ORDER ALLOWING £30 TO ROL" COTTON, ESQ^. 

Records of the 
Council, xxiv., 

^"^- Ordered That the sum of Thirty pounds be granted and paid out 

House Jour^^^ of the Public Treasury to Eoland Cotton Esq'' Clerk of the House 
Ante, p. 279," ' of Ecpresentativcs in full consideration for his extraordinary Ser- 
chap. 126. vices and for his faithful discharge of the important trust reposed 
in him, \^Passed February 16. 



CHAPTEE 294. 

RESOLVES ALLOWING £200 ADDITIONAL TO STOCKBRIDGE INDIANS UPON 
RELEASING RIGHT TO LANDS, &c. 

Legislative Resolved That the sum of Two hundred pounds in addition to 

Council, xxiv., the Sum of Fifteen hundred pounds granted by the General Court 
in June last, be given to the Stockbridge Indians, so as to make 



602. 

House Jour- 



naTpp le'.^so, ^P ^^^ Sum of Seventeen hundred pounds agreeable to their Peti 
28, 29, si, 61, 191, tion exhibited to General Court this present Session; which Sum 
Province '" ' of Seventeen hundred pounds shall be paid to Timothy Woodbridge 
note ^' ilwVe*^' ^^^ ^^ ^^ applycd by the said Timothy Woodbridge as shall appear 
p. 244, chap! 51. to him to be equitable. Provided That before the payment of said 
sum, the said Timothy give bond to the Treasurer of this Province 
conditioned for the faithful discharge of his trust aforesaid ; and to 
render a true Account of his disposition of the same to this Court. 
Provided also that before the payment of the said Sum to the said 
Indians, they shall release all Claims to any of the Lands of this 
Province to which they pretend title, as also to any Lands hereto- 
fore granted by this Province (Grants to themselves excepted). And 
it is further 

Resolved That upon the said Indians accepting the said sum of 
Seventeen hundred pounds, and releasing as aforesaid; the present 
English Claimers of the Lands called Yookum Town and Mount 
Ephraim, bounded Westerly on the Province Line, Northerly in 
part on Pittsfield, and in part on Province Land so called, Easterly 



[3d Sess.] Frovince Liawb (Besolves, etc.). — 1762-63. 355 

on llousatonuc River and Southerly in part on Stockbridge North 
Line, and in part on the Ministers Grants and in part on unappro- 
priated Lands, they the said Claimers giving Security to the Treas- 
urer of the said Province for the payment of Six hundred and fifty 
pounds to be paid within one Year without Interest, tlie same Claimers 
agreeable to a certain Piatt of the said Lands called Yookum Town 
and Mount Ephraim as named in the same Piatt of the said Lands 
(provided as is hereafter provided) now exhibited to this Court; 
they, their heirs and x\ssigns, so many of them as shall duly pay 
their full Quota of the said Sum of Six hundred and fifty pounds 
according to the several quantities and parcels of the same Lands 
as delineated in said Plan, shall have and hold the same to them, 
their heirs and Assigns in severalty agreeable to the several Allot- 
ments in the same Plan, with their several names therein set down ; 
the Public Lots in said Land to be to the uses as therein set down; 
that within the space of five Years from this time, there be fifty 
Settlers residing within the Limits of the said Yookum Town and 
Mount Ephraim, who shall each have a dwelling house of the fol- 
lowing Dimensions viz' Twenty four feet in length and eighteen 
feet in wedth, and seven feet Stud, and have Seven Acres of Land 
well cleared and fenced, and brought to English Grass and plough- 
ing; and that the Settlers aforesaid shall have Settled among them- 
selves within the term aforesaid a learned Protestant Minister of 
the Gospel : Provided that the said Claimers under said Indian Title 
shall and do actually yield and pay to said Stockbridge Indians 
yearly the several Rents heretofore reserved by said Indians from 
said Claimers upon such Leases as they have received from said 
Indians for the term therein mentioned, unless said Claimers within 
one year from this day obtain from said Indians absolute Grants of 
said Lands in Fee for such considerations as they with the Advice 
and consent of Timothy Woodbridge Esq'' think proper, who is 
hereby empowered to see Justice done said Indians in said Sale. 

Resolved also That Whereas Samuel Brown jun" has given bond 
to the Government for the payment of the Sum of Six hundred 
and fifty pounds in consideration of the said Lands of Yookum 
Town and Mount Ephraim, that in case any of the Grantees or 
Lessees of said Land should refuse or neglect to pay their propor- 
tionable part of the said Six hundred and fifty pounds to the Gov- 
ernment agreeable to the order of this Court, said Brown shall and 
may make Sale of the Lots and Rights of such Persons neglecting 
or refusing as aforesaid. Provided the said Plans do not interfere 
with any former Grants from this Province. [Passed February 17. 



CHAPTEE 295. 

ORDER ALLOWING 36/ TO SAM SHOREY. 



A PETiTiOif of Samuel Shorey Stephen Perkins Paul Ford Daniel Legislative 
Eanly, Moses Butler & Eliakim Bickford Setting forth That in councn, xxiv., 

the Year 1761. they served as Soldiers in the Pay of the Province ^— , 

at Nova Scotia, and that upon their return they were cast away at 
Ipswich and lost most of their Cloathing and Bedding and under- 
went great hardships and Praying an Allowance 

Read and in Answer 



356 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 296-298.] 



Ordered that the Sum of Thirty Six Shillings be paid out of the 
Public Treasury to Benjamin Chadburne Esq' for the use of Samuel 
Shorey within named in full.' [Passed February 17.'' 



CHAPTER 296. 

RESOLVE ALLOWING PAY TO CERTAIN SOLDIERS FROM TIME OF IN- 
LISTMENT AND DIRECTING CAPTAIN JAMES GRAY TO MAKE UP HIS 
MUSTER ROLL ACCORDINGLY. 



Legislative 
Records of the 
Council, xxiv., 
605. 

House Jour- 
nal, p. -208 bin. 



A Petition of James Gray, a Captain in the Pay of the Prov- 
ince Setting forth That his Lieutenant James Dewey inlisted ten 
Men at Sheffield ; but the Muster Master being not then furnished 
with Money to pay them the Bounty, they are made up in the Roll 
in a manner greatly to their Prejudice, their Pay not commencing 
till the time that they actually passed Muster, which occasions the 
Loss of near two months Pay to most of them. And Praying 
Eeleif. 

[Read and] 

Resolved that the several Privates on the Roll herewith exhibited 
be allowed their Pay from the time of their several Inlistments men- 
tioned on said Roll : and that Cap" James Gray the Petitioner be 
directed to make up his Pay Roll accordingly. [Passed Feiruary 18. 



CHAPTER 297. 



ORDER ALLOWING £3 EACH TO WILLIAM BADCOCK, JOSEPH EVANS 
AND JAMES COOLEY. 



Legislative 
Records of the 
Council, xxiv., 
606. 

House Jour- 
nal, p. 260. 



A Petition of William Badcock Joseph Evans and James Cooley 
Setting forth That in the Year 1760. they inlisted into his Majesty s 
Service and served in Capt° Bradfords Company at the Westward, 
that on their return home Badcock and Evans were seized with the 
Small Pox and the other Petitioner Cooley having formerly had the 
Distemper stayed with them to tend them; That their Sickness 
occasioned them considerable Expence. And praying an Allowance. 

Read and 

Ordered that the Sum of Three Pounds be paid out of the Public 
Treasury to Andrew Belcher Esq' for the use of each one of the 
Petitioners in full. [Passed February 18. . 



CHAPTER 298. 



Legislative 
Records of the 
Council, xxiv., 
609. 



ORDER ALLOWING £12. 6 TO JOHN TAPLEY. 

A Memorial of John Tapley of Salem Setting forth That in 
the year 1759. he was Commissioned as a Captain in the Pay of the 
Province and Posted at Nova Scotia, That a Gratuity of Nine Pounds 

* Not found in the House Journal. 

^ This chapter is entered in Legislative Records of the Council under date of Feb- 
ruary 21, although the secretary there states that the final action (in Council) took place 
on the 17th. 



[oD Sess.] Province Laws {Resolves^ etc.). — 1762-63. 357 

was then allowed to each Captain for his continuance in the Service House Jour- 
which Sum the Memorialist never received, 2SV ^Province 

That on the 19. of Feb^' ITGO. he received the Governors Orders Law8,xyi.,46o, 
as a Major, but in making up the Roll he was made up only as a ^" 
Captain viz*^ from the 19. of February to 23. July. 

That on the 18'" April 1761. he received the Governors Orders as 
a Captain, and Inlisted 22. Men, but never received any Pay for his 
time nor for the inlisting said Men. And praying an allowance for 
these Services 

Eead and 

Ordered that the Sum of Twelve Pounds Six Shillings be granted 
and paid out of the Public Treasury to the Petitioner in full con- 
sideration for his Services and Expences mentioned. [^Passed Feb- 
ruary '21. 



CHAPTER 299. 

ORDER ALLOWING PAY TO CERTAIN SOLDIERS FROM TIME OF ENLIST- 
MENT AND DIRECTING CAPTAIN JONATHAN CARVER TO MAKE UP 
HIS MUSTER ROLL ACCORDINGLY. 

A MemoPlIAL of Jonathan Carver a Captain in the Pay of the Legislative 
Province Setting forth That Sixteen Privates of his Company Records of the 

.,.,, °,. ,„ ,, , , lA, -, "^ Council, XXIV., 

were inlisted some time before they were mustered and Attested as eoy. 
specified in a List exhibited with the said Memorial, and that they 
are made up in the Roll only from the time of their being Mustered. 
That the reason why they did not pass Muster sooner was because 
the Muster Master was not furnished with Money to pay them their 
Bounty, and was no fault of the said Men. And praying that they 
may be relieved 

Read and 

Ordered that the Persons named in the List annexed be made up 
from the time of their Inlistment and the Petitioner is allowed to 
make up his Roll accordingly.' [^Passed February 21. 



CHAPTER 300. 

RESOLVE IMPOWERING MERCY MURRAY, ADM^, TO SELL LAND, AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Mercy Murray of Amherst Administratrix of the Legislative 
Estate of her late husband William Murray Jun' deceased Setting g^^^^'^^f °^*x*^® 
forth That the said deceased had bound himself for value received 6io. 
to convey to one Bernard Wilde of Shutesbury a certain Tract of House Jour- 
Land in Amherst containing 30 Acres laid out to Deacon Samuel pro-^iice^' 
Dickinson, and Samuel Mighill That besides the Charges of Ad- cha^^'io '' •^^^' 
ministration, and the common allowance of necessaries to the Widow, 
the Debts due from the Estate exceed the whole Personal Estate 
£29.19.2. That the Deceased's Real Estate consists of about 95 Acres 
of Land, mostly uncultivated, with a House and Barn thereon both 
unfinished, a part of which Estate cannot be sold without prejudice 
to the whole. And praying that She may be impowered to make Sale 

* Not found in the House Journal. 



358 



Province Laws {Resolves, etc.), — 1762-63. [Chap. 301.] 



of the Premisses, She to be accountable, and that She may also be 
impowered to execute a Deed of the forementioned Tract of Thirty 
Acres to the said Bernard Wilde 

[Read and] 

Resolved that the Prayer of this Petition be so far granted, that 
the Petitioner in her said Capacity be and is hereby fully author- 
ized and impowered to make Sale of the Ninety five Acres Avithin 
mentioned for the most the same will fetch, and to execute a good 
Deed or Deeds of the same, She observing the directions of the Law 
for the Sale of Real Estates by Exec"^" & Adm" and giving Caution 
to the Judge of Probate for the County of Hampshire that the 
Money arising by the Sale thereof shall be applyed to the Payment 
of the just Debts of the deceased, and the Overplus if any there 
be, the use of one Third thereof to be to the Widow during Life, 
and at her decease to be divided among the Legal Heirs of the said 
William Murray deceased according to Law, as also the other two 
Thirds shall immediately be after the payment of the Debts of said 
AVilliam Furthermore the Petitioner is hereby impowered to con- 
vey by Deed to Bernard Wilde his Heirs and Assigns the Lands men- 
tioned in said Petition, which her late husband William Murray in 
his Life time obliged himself to convey to the said Bernard, and 
the same to be as valid in Law as if it had been given by the said 
William in his Life time. [Passed February 21. 



CHAPTEK 301. 



RESOLVE CONFIRMING NICHOLAS SHAW AS CONSTABLE AND COLLECTOR 
OF THE TOWN OF ABINGTON. 



Legislative 
Records of the 
Council, xxiv., 
611. 

House Jour- 
nal, p. 266. 
Province 
Laws, iv., 694, 
note. 



A Petition of Woodbridge Brown of Abington in behalf of the 
said Town Setting forth That in March last tlie said Town of x\bing- 
ton chose one Abraham Beale a Constable, and he was sworn in ac- 
cordingly but that his Business calling him in May following to go 
EastAvard he agreed with one Nicholas Shaw to collect the Rates 
provided he might be legally impowered so to do And praying that 
he may be impowered accordingly 

[Read and] 

Resolved that the Prayer of this Petition be so far granted as 
that the Inhabitants of the Town of Abington at a Meeting legally 
warned be and hereby are fully authorized to accept of Nicholas 
Shaw as Constable (if they see fit) in the room of Abraham Beales 
chosen Constable in March last, who hath hired said Nicholas to 
serve in his Stead, and to gather his proportion of the Public Taxes 
in said Town, and upon his taking the Oath to said Office belong- 
ing shall be deemed and adjudged a Constable and Collector in the 
Law to all Intents and purposes, [Passed. February 21. 



[3d Se8S.] Province lJX^\ 9, {Resolves, etc.). — 1762-63. 359 



CHAPTEE 302. 

RESOLVE IMPOWERING PHCEBE MARSH, ADM^, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Phoebe Marsh of Hadley Admiu'' of the Estate Legislative 
of her late Husband Samuel Marsh deceased Setting forth That coSnctf xiiv^ 
the Deceaseds Personal Estate falls considerably short of the amount 6i2. 
of his Debts. And praying leave to sell 28 Acres of Woodland in House Jour- 
Hadley lying Three Miles & a half from the Homestead at a place pro^incf^"' "^^' 
called Patricks Swamp, She to be accountable. L^aws, ii., isi, 

[Read and] ^ ^^'' 

Resolved That the Prayer of the Petition of Phoebe Marsh be so 
far granted, as that She is in her said Capacity hereby fully author- 
ized to make Sale of the Twenty Eight Acres of the Land men- 
tioned in said Petition lying in Hadley for the most the same will 
fetch, and execute a good Deed or Deeds of the same observing 
the directions of the Law for the Sale of Real Estates by Exec" 
& Admin" and giving sufficient Caution to the Judge of Probate 
for the County of Hampshire that the Money arising by the Sale 
thereof be applyed to the payment of the just Debts of her late 
husband Samuel Marsh deceased, and the overj^lus if any there 
be, be distributed as the Law directs touching Intestate Estates. 
{^Passed February 22. 



CHAPTER 303 



ORDER IN REGARD TO RECORD" THE DEED OF STOCKBRIDGE INDIANS Legislative 

TO THIS PROVINCE. Records of the 

Council, xxlv., 
612. 

Ordered That the Deed from the Stockbridge Indians conveying House Jour- 
sundry Tracts of Land to this Province be recorded in the Secre- prov^iicef' 
tarys Office: and he is to cause the same to be recorded in the Reg- Laws, iv., 701, 
isters Office for the Counties of Hampshire and Berkshire after that p°354, chap*.' 
the said Deed to be returned into the Secretarys Office. \_Passed ''^^^^ 
February 22. 



CHAPTER 304. 

ORDER ANNEXING JOSEPH & JOSIAH WHITE WITH THEIR FAMILIES 
AND ESTATES TO THE FIRST PARISH IN SOUTH HADLEY. 

A Petition of Joseph White & Josiah White of South Hadley Legislative 
Setting forth that pursuant to an Order of the General Court in councif xxiv^ 
January 1762 for dividing the District into two Parishes, liberty 612. 
was given to those on the East side of the Line who chose to be House Jour- 
of the West Parish to certify the same by Writing lodged in the Pro'viScf ^' "*^*' 
Secretarys Office within a certain time in said Order limited; which note ^' !Jm<i*^^' 
Certificate should intitle them to be Members of the said West or p^ 154, chap! 
First Parish. That in observance of the said Order they certified cha'pfel.^^' 
their desire as aforesaid, but their Certificate miscarried. And pray- 
ing that they may nevertheless be accounted to belong they and 
their Estates to the first Parish in the said District. 



360 Provixce Laws {Resolves, etc.). — 1762-63. [Chaps. 305, 306.] 

Read and 

Ordered that the within named Joseph and Josiah White with 
their Familys & Estates be annexed to the first Parish in South 
Hadley there to do duty and receive priviledge. and they are hereby 
exempted from paying any Parish Taxes to the Second Parish in 
said Town for the future. [Passed February 22. 



Legislative CHAPTER 3 05. 

Records of the 
Council, xxiv., 

Archi^veff' VOTE APPOINTING MR. JOSEPH BILLINGS GUARDIAN OF THE PUNKAPOG 

xxxlii., 228. INDIANS. 

Legislative 

5®?°^.ff ?.t i^*' According to Agreement, the two Houses proceeded to the 
395,442,612,613. Choicc of One Guardiau, for the Punkapaug Indians And on count- 
Si*irpp.'267f269. ing the Votes, it appeared that M' Joseph Billings was chosen unan- 
imously. [Passed February 22. 



CHAPTER 306. 

ORDER IMPOWERING JAPHET BIGNALL TO BRING FORWARD A WRIT 

OF REVIEW. 

Legislative A PETITION ofJaphetBignall of Attleborough Setting forth That 

coun^cif.xiiv!, in the year 1761. the General Court upon his Petition enabled liim 

^^^' ^^^- to bring a Writ of Review of a Judgment obtained against him at 

"aTp/sMTi, ^^6 Superior Court in Taunton in the year 1758. in an Action brought 

268,'269,'272. ' ' by Josiah Draper for the forfeiture arising from his not appearing 

^hap.45."*"' at a day of Muster; but that thro some informality of his said Writ 

it was abated. That on representing this matter to the General Court 

he obtained an Order for another Review ; but was again defeated 

by means of a like Informality in this new Writ And praying that 

he may be enabled to bring forward a new Writ of Review on tho 

Subject aforesaid, and that the merits of his cause may at last be 

determined. 

The Committee appointed to consider the Petition of Japhet 
Bignall having on the part of the Board reported in favour of the 
said Petition. 

Ordered That the Petitioner Japhet Bignall be and he hereby is 
enabled to bring another Writ of review of the action within men- 
tioned which was tried on the review at the Superior Court &c in 
Taunton in the Month of October 1758. to the next Superior Court 
of Judicature &c to be holden in Taunton within and for the County 
of Bristol. And the said Court are hereby impowered and directed 
to hear and try the merits of the said Cause, make up Judgment, 
and award Execution accordingly. And it is hereby further declared 
that this order sufficiently authorizes the said Court to proceed on 
such Writ of Review to be issued in the usual form of such Writs. 
[Passed February 23. 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 361 



CHAPTER 307. 

RESOLVE ALLOWING £30 ADDITIONAL TO THE LIEU^ GOVERNOR. Legislative 

Records of the 
Council, xxiv., 

Resolved that the Sum of Thirty pounds be granted and paid out eie^ 

of the public Treasury to the hon'*'" Thomas Hutchinson Esq' over House Jour- ^ 
and above the Forty Pounds granted in September last in full for his ^n.^^Ante, 
services done for and at the Request of this Government. \^Passed p^^-es. chap. 
Fehruary 24. 



CHAPTER 308. 

RESOLVE CONFIRMING A PLAN OF A TOWNSHIP GRANTED COL. JOSEPH 

FRYE. 

The Plan of a Township Granted by this Court, at their Session Legislative 
in March AD 1762 to Joseph Frye Esq' and by him laid out at a counclf, xx\ v^, 
place called Pigwacket in the County of York bounded at the South eie. Mass. 
Corner to a Spruce Tree marked, from thence North 45 Deg^ west ccxiiii!fs4. 
By the Needle of the Instrument 2,172 Rods to a beach Tree marked House Jour- 
Thence North 15 ^y^g'' East 2,172 Rods to a maple tree marked, p^'dv^-ncl^- 
Thence South 45 Deg^ East 2,172 Rods to a Pine tree marked. Laws, v.,666, 
Thence South 45 Deg** west to the first bound, was presented for p^nH, ^Ip.' 
acceptance, and accordingly *^- 

Resolved that said Plan be accepted, and that the Lands therein 
described be and hereby are Granted & Confirni'd to the said Joseph 
Frye, and to his Heirs and Assigns forever (provided it doth not 
interfere with any former Grant,) the Township laying on both 
sides of the River Saco notwithstanding. Subjected nevertheless 
to all the Conditions & Reservations made and Provided in said 
Grant. \^Passed Fehruary 24. 



CHAPTER 309. 

RESOLVE PROVIDING FOR A COMMITTEE TO JOIN WITH A COMMITTEE 
FROM NEW HAMPSHIRE TO PERAMBULATE THE LINE BETWEEN 
THAT PROVINCE AND THE PROVINCE OF MAINE. 

The Committee appointed the 19"' instant to project some proper Legislative 
method for the Settlement of the Line between the province of councif "xxh-^ 
Maine & New Hampshire having made Report the same was Read eie. 
in Council and sent down to the House of Representatives, where- Legislative 
upon the following order passed the Court, viz' Councif, xxiv!, 

The House being informed that there has been great Strip and journS^"^^ 
Waste made on the Province Lands near or at the head of Newich- pp. 262, isi, 2S2. 
wannock River and from thence Northward &c which Lands are flo'"' ^^^^' 
contiguous to the Bounds betwixt this Province and the Province 
of New Hampshire, therefore 

Resolved that three Gentlemen be appointed by this Court to join 
with such as may be appointed by the Province of New Hampshire 
to repair to that part of the Province called the Province of Maine, 
and perambulate that part of the Line running between the Prov- 



362 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 310-312.] 



iuce of Maine so called, and the Province of New Hampshire and 
to ascertain the same by proper boundary marks, and that his Ex- 
cellency be desired to acquaint the Commander in Chief of New 
Hampshire with this proposal. \^Passed February 24. 



CHAPTER 310. 



Legislative 
Records of the 
Council, xxiv., 
617. 

House JouT- 
n.al, p. -283. 
Supra, chap. 
309. 



VOTE APPOINTING A COMMITTEE TO RUN THE BOUNDARY LINE 
BETWEEN THE PROVINCES OF MAINE AND NEW HAMPSHIRE. 

According to agreement the Two Houses proceeded to the 
choice of three Persons to run the Line between tlie Province of 
Maine and New Hampshire, upon sorting the Votes it appeared 
that Benjamin Lincoln Joseph Frye & Samuel Livermore Esq'* 
were chosen by a majority of Votes. [Passed February 24. 



Legislative 
Records of the 
Council, xxiv., 
617. 

House Jour- 
nal, p. 271. 
Ante, p. 360, 
chap. 305. 



CHAPTER 311. 

RESOLVE IMPOWERING GUARDIAN OF PUNKAPOG INDIANS TO BIND 
OUT INDIAN CHILDREN. 

Resolved that M'' Joseph Billings of Stoughton in the County of 
Suffolk Guardian to the Indians commonly called the Punkapog 
Tribe be & hereby is authorized and impowered to bind out to Ser- 
vice all those Indian Orphan Children that are under his care he 
observing the same Eules and directions that Select men and Over- 
seers are by Law required to do in binding out poor Children, 
[Passed February 24. 



CHAPTER 312. 



RESOLVE DIRECTING THE PAYMENT OF EXCHANGE DRAWN BY JOHN 
PHILLIPS UPON THOMAS HANCOCK UPON PRESENTATION OF PROPER 
VOUCHERS. 



Legislative 
Records of the 
Council, xxiv., 

618. 

Legislative 
Records of the 
Council, xxiv., 
602. House 
Journal, 
pp. 259, 283. 



Resolved that the Bill of Exchange drawn by John Phillips upon 
Thomas Hancock Esq"" for the use of the said Phillips and the Sol- 
diers mentioned ' ought to be paid when proper Vouchers shall 
appear to the Satisfaction of the Governor and Council (who are 
desired to order payment of the same) that the said Sum was ex- 
pended for the use aforesaid. And that such part of said Sum as 
may appear to the Governor & Council to be due from said Officer 
and Soldiers be stop'd on their pay Roll. [Passed February 24. 

' See Legislative Records of the Council, xxiv., 602. 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 363 

CHAPTEE 313 

ORDER GRANTING 500 ACRES OF LAND TO JON* BAGLEY, ESQ«. 



1 



Memorial of Jonathan Bagley Esq"" Setting forth That in Legislative 
"59. he had the Command of the Provincial Troops at Louisbourg councif xxw** 



and that in January 1760. he came to Boston by order of General eis^ 



Whetmore to give Information concerning them Whereupon the House Jour-_ 
Court granted a Bounty of £4 to those Privates who should stay provim-l*^'^'^' 
the Winter, and a Months pay to each Commission Officer, and ciJa^"*'.^J*''*^*'' 
they immediately thereupon received Orders from Governor Pow- 
nall to negotiate the Money which he accordingly effected That 

not long after the Court came into a resolution to raise 5,000 Men 
for his Majestys Service over and above those who should reinlist 
at Louisbourg and Nova Scotia, whereupon he again Negotiated 
the Bounty of £9 <p Man for 509 Men at Louisbourg amounting to 
£4,581 which he did at his own risque without exposing the Gov- 
ernment to any Charge or hazard And praying an Allowance 

Eead and 

Ordered That this Petition be revived, and that there be granted 
to the Petitioner Jonathan Bagley Esq'' Five hundred Acres of the 
unappropriated Lands of this Province in the County of York, not 
to infringe on any former Grants in full Consideration for his ex- 
traordinary Services mentioned As also for his Service as Engineer 
in the Year 1755. He to return a nlan to this Court as soon as 

may be. \Passed Fehruary 24. 



CHAPTER 314. 

ORDER ALLOWING £3. 4 TO SAM^- WHEELER. 

A Petition of Samuel Wheeler Setting forth that his Servant Legislative 
John Wheeler served in Colonel Hoars Regiment at Halifax the last councif, xx\v^, 

year, and that upon his return was taken sick at Boston, and so con- ^H: 

tinned till the S'* day of January, which occasioned a great Expence House Jour- 
to the Petitioner And praying an allowance. 

Read and 

Ordered, that the Sum of Three Pounds four Shillings be paid 
out of the public Treasury to Charles Prescot Esq'' for the use of 
the Petitioner in full. [ Passed February 24. 



CHAPTER 315. 

ORDER ALLOWING CAPTAINS PAY TO LIEUTENANTS MAKING UP MUS- 
TER ROLLS. 

A Petition of Jonathan Foster, John Clap, Perley Pike, Henry Legislative 
Woods, Jonathan Lowder jun"" William Bent, Michael Jackson, counclf.xxw^, 

James Wesson, and John Sellon, Lieutenants in the pay of the *^^ 

Province Setting forth That as some of their Captains stayed House Jour- 

at home to recruit for his Majestys regular Service, and others of ^^ ' ''' 



364 



Province Laws {Resolves, etc.). — 1762-G3. [Chaps. 316, 317.] 



them remained in Garrison, they were ordered to make up the Eolls 
of their respective Companies instead of the Captains, which they 
have accordingly done and been at considerable Expence therein And 
praying they may be allowed Captains pay during the time they were 
making up said Eolls as has been practised in the like Cases. 

Eead and 

Ordered That the Prayer of the Petition be so far granted as that 
the Petitioners be allowed Captains Pay during the time they are 
making up their Eolls. [^Passed February 24. 



CHAPTER 316. 



RESOLVE DIRECTING THAT A MUSTER ROLL BE MADE UP OF THE 
PERSONS ENGAGED IN THE RECRUITING SERVICE. 



Legislative 
Records of the 
Council, xxiv., 
619. 

House Jour- 
nal, p. 272. 



A Petition of James Eeed, Ebenezer Marrow, Sam' Berry George 
Lane, and Simon Howard & Others, Officers appointed by his Excell'' 
the Governor to recruit for his Majestys Service in 1762. in behalf 
of themselves the Noncommissioned Officers and privates Setting 
forth That from the date of their respective Commissions and time 
of Inlistment to this day they have not received any Billeting or 
provisions in lieu thereof but have been obliged to Subsist them- 
selves That Application has been made to the Kings General 
for Payment who refuses to make it. And praying Eeleif from this 
Government. 

Eead and 

Resolved that the Commanding Officer of the party be allowed to 
make up a Billeting Eoll for the Commission Officers, Serjeants and 
Privates that were imployed in that Service for the time they attended 
that Duty, provided their number do not exceed Ninety in the whole, 
and that they be allowed five pence one third of a Penny per day per 
man for their Eations to be paid out of the Public Treasury upon 
the Eolls being properly certified, and that his Excellency the Gov- 
ernor be desired to give orders for an inquiry into the conduct of 
the recruiting Officers, and where any appear to have neglected their 
duty, or taken any undue measures, that they have no Benefit from 
this Eesolve. \^Passed Fehruary 24. 



CHAPTER 317. 

VOTE IMPOWERING JOHN NOURSE TO BRING FORWARD A WRIT OF 

REVIEW. 



Legislative 
Reconls of the 
Council, xxiv., 
(ll'j.. 

House Jour- 
nal, p. 280. 



A Petition of John Nourse of Danvers Mariner Setting 
forth That in Sepf 1759, he brought an Action at the Inferior 
Court held at Newbury for the County of Essex against one Elea- 
zer Lindsay of said Danvers for the recovery of £6.16/ when the 
said Eleazer produced a false and counterfeit Eeceipt, as from the 
Petitioner for the Sum of Ten shillings in full of all demands (of 
which he has since been convicted at the Superior Court) upon 
which pretended Eeceipt, Judgment was given against the Peti- 
tioner for Costs, besides which he is liable to lose his just Due. And 



[3d Sess.] Province Laws {Resolves^ etc.). — 1762-63. 365 

as it so happened that his Attorney did not appeal from the said 
Judgment, Praying that he may be impowered to bring a Writ of 
review of the same at the next Inferior Court to be holden at Ips- 
wich for the County of Essex in March next. 

[Read and] 

Voted That the Petitioner be and he hereby is enabled to bring 
a Writ of Review of the Action in the Petition mentioned to the 
next Inferior Court of common pleas to be holden at Ipswich within 
and for the County of Essex; and the said Court are hereby impow- 
ered and directed to hear and try the merits of the said Cause, make 
up Judgment and award Execution accordingly. [^Passed Febru- 
ary 24. 



CHAPTER 318. 

ORDER ALLOWING £8 TO CAPT. JON* CLARKE. 

A Petition of Jonathan Clarke of Boston Setting forth That Legislative 
he had a Servant named William Boone on Board the Province Snow council, xxiv., 

Prince of Orange when She was taken by the Enemy who has never ^}^ 

since returned. That he preferred his Petition some years since for naTrffsT'^' 
allowance, as had been made to others, but that his Petition having 
been mislaid, he hath not received any, and praying Releif 

Read and 

Ordered Tliat the Sum of Eight Pounds be paid out of the Public 
Treasury to the Petitioner in full Consideration for the Loss of his 
Servant within named. \^Passed February 24. 



CHAPTER 319. 



ORDER ALLOWING £5. 10 TO MARY NOWELL. 



A Petition of Mary Nowell * of York Praying an Allowance Legislative 
for her expence in nursing and providing for her Son Silas Nowell ^ouncif x*xh'^ 

late a Soldier in the pay of the Province under Capt Johnson ^J^ 

Moulton while sick at her House after his return from Halifax the House Jour- 
last year during the space of Three Months and a half na , p. t . 

Read and 

Ordered That the Sum of Five Pounds ten shillings be paid out 
of the Public Treasury to John Bradbury Esq"" for the use of the 
Petitioner in full. \^Passed February 24. 



CHAPTER 320. 

ORDER ALLOWING £50 TO SAM'- KNEELAND. 



A Petition of Samuel Kneeland of Boston Printer Setting Legislative 
forth That he hath sometime since compleated the printing and councff, x*x*i v°, 
binding the perpetual Laws of this Government, and delivered 400 ^}^ 



' The House Journal, p. 279, reads, " Mary Novell." 



366 



Province Laws {Resolves, etc.). — 17()2-(i3. [Chaps. 321, 322.] 



House Jour- 
nal, pp. 197, 
-li^ibis. Ante, 
p. 88, chap. 
209. 



Copies agreeable to their Orders an Account of which he is ready 
to lay before the Court. But as some Towns and Districts have 

not yet received the Books that were ordered for them, and the 
Court may not now be able to attend the Inspection of his Account 
he prays that he may have One hundred pounds more advanced to 
him, he having already had £170 advanced to him on account. 

Read and 

Ordered That the Sum of Fifty Pounds be paid out of the Public 
Treasury to the Petitioner in part of his Account for printing the 
Laws of this Province. \^Passed Feliruary 24. 



CHAPTEK 321. 



ORDER ALLOWING £3 TO JOHN SMITH. 



Legislative 
Records of the 
Council, xxiv., 

620. 

House Jour- 
nal, p. 283. 



A Petition of John Smith Setting forth That he served as a 
Soldier in the pay of the Province in 1T55. in Cap^ Pearsons Com- 
pany. That on his return he was seized with the Camp Distemper, 
and was oblig'd to sell his Gun in order to bring him home: That 
after his return he continued sick which occasioned him the Ex- 
pence of Nurses and Attendance for Thirteen Weeks. And praying 
that he may be allowed the Sum of 34/8 which was stopt out of 
his pay on the Muster Eoll, and for the Charge attending his Sick- 
ness as aforesaid. 

Read and 

Ordered That the Sum of Three Pounds be paid out of the Public 
Treasury to John Brown of Newbury Esq"^ for the use of the Peti- 
tioner in full. [Passed February 24. 



CHAPTEE 322. 



ORDER DESIRING THE GOVERNOR TO SIGN THE DEEDS OF SIX TOWN- 
SHIPS EAST OF THE PENOBSCOT RIVER. 



Legislative 
Records of the 
Council, xxiv., 
620. 

Legislative 
Records of the 
Council, xxiv., 
633. House 
Journal, 
pp. 277-279. 
Ante, p. 326, 
chap. 23L 



Ordered that his Excellency the Governor be desired to sign the 
Deeds hereafter mentk)ned. And 

Ordered that the Secretary of the Province and Speaker of the 
House sign them also in behalf of the two Houses respectively. 

By the Governor Council and House of Representatives 
of the Province of the Massachusetts Bay in New England in the 
Great and General Court assembled. 

Whereas their late Majestys King William and Queen Mary by 
their Letters Patent bearing Date the seventh day of October in 
the third Year of their Reign, did give and grant unto the Inhab- 
itants of the Province of the Massachusetts Bay (among other 
things) all those Lands and Heriditaments lying between the Ter- 
ritory of Nova Scotia and the River Sagadahoc, then and ever 
since known and distinguished by the name of the Territory of 
Sagadahoc together with all Islands lying within 10 Leagues of 
the Main Land, within the said Bounds to have and to hold the 
same unto the said Inhabitants, and their Successors to their own 



[3d Sess.] Frovinck LiAws (Besolves, etc.). — 1762-63. 307 

proper use and behoof for evermore. Provided always that no Grant 
of Lands within the said Territory of Sagadahoc made by the Gov- 
ernor and General Assembly of the said Province should be of any 
force or effect until their Majestys their Heirs and Successors should 
signify their approbation of the same. 

The Governor Council, and House of Eepresentatives of the said 
Province of the Massachusetts Bay in the Great and General Court 
assembled have given and granted, and hereby do give and grant 
unto [here insert all the names of the Grantees of the first Town 
ship] and their Heirs all that Tract of Land lying in said Territory 
of Sagadahoc on the East Side of the Eiver Penobscot beginning 
at [here describe the Boundaries of the first Township] to have 
and to hold the said Lands with their Appurtenances to them and 
their Heirs to the only use and benefit of them and their Heirs 
forever as Tenants in common, subject nevertheless to the Reser- 
vations, proviso's and Conditions hereafter mentioned 

And the said Governor Council and House of Eepresentatives 
assembled as aforesaid have also given and granted and hereby do 
give and grant unto [here insert all the names of the Grantees of 
the second Township] and their Heirs all that Tract of Land ad- 
joining to the Tract of Land beforementioned and beginning at 
[here describe the Boundaries of the second Township] to have 
and to hold &c. 

And the said Governor Council &c [for the third Township as 
before] and to repeat for the 4'^ 5*^ and 6^^ Townships. 

Eeserving nevertheless to be yielded and paid unto his Majesty 
his Heirs and Successors by the said several Grantees and their 
respective Heirs and Assigns one fifth part of all Gold and Silver 
Oar and precious Stones which shall happen to be found and gotten 
on the said Tracts of Land or any of them or any part thereof. 
Provided that these Grants or any of them shall be of no force or 
effect until his Majesty his Heirs and Successors shall signify his 
or their approbation thereof 

And it is hereby provided and declared that the foregoing Grants 
and each of them are, and is made upon these express considera- 
tions and Conditions, that the said several Grantees of the said 
several Tracts of Land hereafter to be made so many several Town- 
ships, and each of them shall within six years after they shall have 
obtained his Majestys approbation of such Grants (unless prevented 
by War) settle each Township with 60 good protestant Families and 
build 60 Houses none to be less than 18 feet Square or of equal Area 
and 7 feet Stud ; and clear and cultivate 5 Acres of Land on each 
Share fit for tillage or mowing; and that they build in each Town- 
ship a suitable Meeting House for the public Worship of God, and 
settle a learned Protestant Minister, and make provision for his 
honourable and comfortable Support. And that in each Township 
there be reserved and appropriated four whole Shares in the Divi- 
sion of the same (accounting one sixty fourth part a share) for the 
following purposes, viz* one for the first setled or ordained Minister 
his Heirs and Assigns forever, one for the use of the Ministry, one 
to and for the use of Harvard College in Cambridge, and one for 
the use of a School forever: And if any of the Grantees or pro- 
prietors of any of the said Townships respectively shall neglect 
within the term of six years as aforesaid to do and perform the 
conditions aforesaid as shall respect and belong to his Share or 
right as aforesaid such share or right shall be intirely forfeited and 



368 Province Laws {Resolves, etc.). — 1762-63. [Chap. 323.] 

shall enure to the use of this Province, this Grant or anything con- 
tained therein to the contrary notwithstanding. 

Provided nevertheless that if the aforenamed Grantees their 
Heirs and Assigns shall not obtain his Majestys confirmation of 
these Grants before the expiration of 18. months to be computed 
from the day of the date hereof then the said Grants or such thereof 
as shall remain unconfirmed shall cease and determine, and be null 
and void this present Writing or any thing therein contained to the 
contrary notwithstanding. 

Given in the Great and General Court and Sealed with the public 
Seal of the Province at Boston this day of February in the 

third year of the reign of his Majesty George the third by the Grace 
of God of Great Britain France and Ireland King Defender of the 
Faith &c and in the Year of Our Lord 1763 

Ordered also that the same Grant be made of the Township called 
Number Three East of Mount Desert Eiver to Mess" Nathan Jones 
Robert Gould and Francis Shaw, mutatis mutandis. \^Passed Feb- 
ruary 24. 



CHAPTER 323. 

ORDER ACCEPTING REPORT OF COMMITTEE AND CONFIRMING THE 
PARTITION OF AN ESTATE. 

Record"of the ^ PETITION of Thomas Hancock Esq' of Boston and Lydia his 
Council, xxiv., Wife Setting forth That Daniel Henchman late of Boston Esq'' 

^^^' ^^'•^' deceased, Samuel Henchman of Boston, and James Varney late of 

naiypp!27if272, ^^^^ Bostou Lime Burner deceased, and James Varney his Son, and 
285. Isaac Burr of Worcester Gent" being seized of certain Tracts of 

Land in Fee lying in Worcester & Holden which lay in common 
and undivided viz' the said James Varney and Son of one fourth 
part, and the other parties named of one fourth part each, they 
agreed to make a Division thereof, and there was accordingly sett 
off to the said Isaac Burr his ftiU proportion of the Premisses, and 
a Deed of Division was accordingly given to him for the same, and 
the other Parties having chosen three meet Persons to make a Divi- 
sion of the other three Quarter parts between them who accordingly 
proceeded in the Btisiness, and on the lO'^'' day of November 1741. 
finished the Division agreeable to a return thereof herewith pre- 
sented and the Parties thereupon drew Lots for their respective 
Shares, and agreed to execute Deeds of Division to each other 
accordingly, but James Varney the elder dying, many of whose 
Heirs are Minors, the Deeds have not been executed to this day, 
That the said Daniel Henchman Esq' purchased of the said Samuel 
Henchman his quarter part, and being thus intituled to two fourth 
parts N° 3 and 4. on said Plan and return fell to his Share, and he 
thereupon made great improvements on the premisses, all which 
Two fourth parts and the improvements thereon descend to the 
said Lydia Hancock only Child and Heir at Law of the said Daniel 
Henchman Esq' deceased and as the Heirs of the said James Varney 
deceased are chiefly Minors and incapable of joining in Deeds of 
Division Praying that the Division aforesaid may be confirmed, 
which had been thus agreed to by the Parties interested in the 
Premisses 



[3d Sess.] Province Laws (Besolves, etc.). — 1762-63. 369 

The Committee to whom was referred the Petition of the Hon'''* 
Thomas Hancock Esq' and Lydia his Wife beg leave to report That 
they have attended that Service, and find the Facts therein asserted 
to be true, and that on the 23'* of September 1735. the Heirs of Major 
Daniel Henchman then late of Boston deceased by an Instrument 
under their hands in writing did agree to divide their Lands lying 
in Worcester and Holden in the County of Worcester to and among 
themselves viz' To Daniel and Samuel Henchman one half to James 
Varney of Boston and James Varney of Wilmington one Quarter 
thereof, and to Isaac Burr of Worcester the other Quarter, and 
made choice of Henry Lee Esq'^ Capt. Daniel Haywood and Capt" 
Benjamin Flagg to make said division, and that these Gentlemen 
took upon them that trust, and proceeded to divide the same pur- 
suant to the agreement of the Parties, and on the tenth day of 
Novem'' A.D. 1741. by an Instrument in Writing Avith a plan of 
the Homestead by them signed, divided the whole into four Lots, 
and numbered them 1, 2, 3, 4. the first of which was assigned to 
the said Isaac Burr his Heirs and Assigns, the Second drawn by 
James Varney sen"" and James Varney Jun"^ the third and fourth by 
Daniel and Samuel Henchman, referrence to said plan and Writing 
being had will appear. And that afterwards, viz' on the first day of 
January AD. 1744. by an Indenture under the hands and Seals of 
the said Daniel Henchman Samuel Henchman James Varney the 
elder and James Varney the Younger duly executed and recorded 
did set over and confirm to the said Isaac Burr his Heirs and Assigns 
the first Share or Lot in said plan and Division mentioned to be 
held to him his Heirs and Assigns forever in Severalty he the said 
Isaac at the same time, and in the same manner quitting to them 
the said Daniel and Samuel, and James Varney sen' and James 
Varney jun' his Interest in the Lots or Shares N" 2, 3, and 4. and 
that after this on the 16"' May 1760 Samuel Henchman aforenamed 
by his Deed under his hand and Seal duly executed and recorded 
sold his Interest in the premisses to Daniel Henchman Esq' to him 
his Heirs and Assigns forever, by vertue of which and by the Divi- 
sion aforesaid the said Daniel became Claimant to the Lotts N° 3 
and 4, in said Division and plan mentioned, and that on the Eighth 
day of October last James Varney of Boston one of the Heirs of 
James Varney deceased by an Instrument under his hand and Seal 
directed and impowered the said Thomas Hancock to apply to the 
General Court to confirm, and establish the division aforesaid and 
that on the 23'' instant John Tudor Son in Law and Admin' on the 
Estate of James Varney of Boston deceased by an Instrument in 
Writing did consent and agree to the division aforerecited 

Wherefore 

Resolved, That the Division of the Estate of Maj' Daniel Hench- 
man made by the said Lee Haywood and Flagg in the plan and In- 
strument in Writing of the 10"' of Novem' 1741. be confirmed & 
established And whereas the said M' Burr was to have Number One, 
and the same was confirmed to him by Deed, that Number Two be 
forever hereafter held in severalty to the Heirs of the said James 
Varney the elder and James Varney the younger to them and their 
respective Heirs and Assigns forever according to their different 
Interest: And that the said Thomas Hancock and Lydia his Wife 
in her right (She being sole Heir to the last named Daniel Hench- 
man Esq') have the Lots Number Three and Four in said plan and 
Writing of Division mentioned to her in severalty and divided to 



370 



Province Laws (Besolves, etc.). — 1762-63. [Chaps. 324, 325.] 



be held in her right to her her Heirs and Assigns forever according 
to the agreement of the first named parties when in full Life, and 
that all the Papers referred to in this report be recorded in the 
Eecords of Deeds for the County of Worcester although not duly 
sealed and acknowledged; and the Eegister of the County is directed 
to do it: and that they be held as valid to all Intents & purposes as 
if they had passed the usual Forms by Law required 

W. Bkattle by order. 

Eead and Accepted And 

Ordered that the j)artition mentioned in the said Report be as 
valid to all Intents and purposes as if the same had been confirmed 
by Deeds of release executed by the parties, and recorded in the 
Registry of Deeds for the County of Worcester. \^Passed Feb- 
ruary 25. 



CHAPTEK 324. 



Legislative 
Records of tlie 
Council, xxiv., 
623. 



RESOLVE IMPOWERING JERUSHA FENNO, ADM^, TO EXECUTE A DEED. 

A Petition of Jerusha Fenno Widow and Admin^ of John Feuno 
late of Stoughton Yeoman deceased intestate Setting forth That 
her said Husband had bargained and agreed for the Sale of his Real 
Estate in Stoughton for £213.13.4 to Samuel Kilpatrick, and on the 
first day of January gave his obligation in the penalty of £20 to 
give a Deed thereof in one week from the date ; but before the week 
expired he was taken sick, and on the 20'*^ day of said Month he 
dyed praying that Slie may be impowered to execute the said Deed 
according to the agreement aforesaid. 

[Read and] 

Resolved That the prayer of the Petition be granted, and that 
the said Jerusha Fenno in her Capacity of Administratrix be and 
hereby is empowered to execute a good Deed of Sale of the Estate 
of her late Husband John Fenno deed lying in Stoughton to Samuel 
Kilpatrick of Stoughton aforesaid, which Deed shall be as good to 
all intents and purposes, as tho the said John had executed a good 
and lawfull Deed thereof to the said Samuel Kilpatrick in his Life 
time She to be accountable to the Judge of Probate for the 
County of Suffolk, that the proceeds of said Sale shall be duly 
applied to the Heirs of her late Husband.* \^Passed February 25. 



CHAPTER 325 



ORDER ALLOWING £10 TO LIEU'^ MOSES SCOTT. 



Legislative 
Records of the 
Council, xxiv., 
624. 

House Jour- 
nal, p. 284. 



A Petition of Moses Scot a Lieu* in Col" Hoars Regiment sta- 
tioned the last Year at Halifax Setting forth That he was ap- 
pointed to come home last Fall in the Detachment with Col" Hoar, 
and prepared himself accordingly; but being taken sick he never 
got home till a few days since, and being thus ordered off in the 
Fall he was not intituled to any Hospital Stores, and so Avas put to 
great Charge and Expence by reason of his Sickness aforesaid ; And 
praying an allowance. 

^ Not found in the House Journal. 



[3d Sess.] Province Laws {Resolves, etc.). — 1762-63. 371 

Eeacl and 

Ordered that the Sum of Ten pounds be paid out of the Public 
Treasury to the Petitioner in full for the Expences mentioned. 
\^Passed February 25. 



CHAPTER 326. 

RESOLVE APPOINTING A COMMITTEE TO ATTEND TO THE SELLING OF 
THE PROVINCE SHIP KING GEORGE. 

In the House of Eepresentatives The House taking into 
Consideration the Expediency of making Sale of the Province Ship g|for^fof j^ 
King George, and the method of proceeding therein. Council, xxiv., 

Resolved that the said Shijj be sold at public Vendue in Boston ^~ 

to the highest Bidder on Thursday the 28^"^ day of April next at ^a°i!'ppS285, 
3, of the Clock in the Afternoon, and that She be immediately 286.' 
advertised in the public News papers for that purpose; That an 
Inventory of the Stores and Appurtenances belonging to her (ex- 
cept the Guns and other Warlike Accoutrements) be posted up in 
some public place a sufficient time before the Sale for the inspec- 
tion of such as may incline to be purchasers. That the purchaser 
shall pay down as Earnest at the time she is struck off One hun- 
dred & Fifty Pounds in part of the Sum She is sold for, and within 
five days after shall give a sufficient Security for the remainder pay- 
able in Six Months to the Province Treasurer, and that in case the 
said purchaser neglects giving such Security for the Space of five 
days from the time of the Sale the said Ship to be then put up to 
Sale again, and the Money given as Earnest to be forfeited to the 
use of this province ; and in case a second Sale be necessary, the 
Committee shall give Twenty days Notice thereof, and proceed 
in the Sale in manner as aforesaid 

That his Excellency the Governor be desired to give order that 
proper care be taken of the Guns and other warlike Stores, belong- 
ing to the said Ship, and that Eoyall Tyler & Thomas Goldthwait 
Esq" with such as the Hon**'^ Board shall join be a Committee to 
carry this Affair into Execution 

In Council Read and Concurred and John Erving Esq"" is joined 
in the Affair. \^Passed February 25. 



CHAPTER 327. 



ORDER CONFIRMING A PLAN OF 300 ACRES OF LAND TO EBEN« NICHOLS, 

ESQ« 

By Vertue of a Grant made to Ebenezer Nichols Esq' by the Legislative 
Great and General Court in March 1758. the said Ebenezer Nichols ?;ll°J^f''^^^J' 

T T 1 • Council, XXIV., 

presented a plan of 300 Acres of Land lying at or near a place, called «25^ 

Moose point about 6, or 8 Miles above Arundel laid out and measured House Jour-^ 
by Paul Hussey Surveyor, upon which the following order passed Pro^Sbe^^' ^ ' ^' 

viz'' Laws, xvi., 160, 

Ti 1 , chap. 369. 

Head and 

Ordered that this plan be allowed, and the three hundred Acres 
of Land therein delineated and described are hereby granted and 



372 



Province Laws {Resolves, etc.). — 1762-63. [Chaps. 328-330.] 



confirmed to Ebenezer Nichols Esq'" his Heirs and Assigns. Provided 
the plan exceeds not the Quantity of the Grant, and does not inter- 
fere with any former Grant. \^Passed February 25. 



CHAPTER 328. 



Legislative 
Records of tlie 
Council, xxlv., 
625. 

House Jour- 
nal, p. 286. 
Ante, p. 250, 
chap. 65. 



VOTE GRANTING £1,000 ADDITIONAL FOR BUILDING A NEW COLLEGE 

AT CAMBRIDGE. 

Voted, That the further Sum of One thousand pounds be issued 
by Warrant of the Governor and Council and paid by the Treasurer 
to the Committee of this Court toward the Grant for Building a new 
College passed in May Session last. \^Passed February 25. 



CHAPTER 329. 



ORDER IMPOWERING FRA^ WORCESTER, ADM«, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxiv., 
625. 

House Jour- 
nal, p. 253. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Francis Worcester of Hollis in the province of 
New Hampshire Adm"" of the Estate of Jesse Worcester late of Ncav- 
bury in the province of Massachusetts Bay deceased, Setting forth 
that the said deceased's Debts exceed the amount of his personal 
Estate £35.6.2 and praying Liberty to Sell the House and House 
Lot adjoining thereto late the Estate of the said Jesse Worcester 
lying in Newbury aforesaid in order to discharge the said Debts. 

Read and 

Ordered that the prayer of this Petition be so far granted, as 
that the Petitioner in his said Capacity of Administrator be and 
hereby is authorized, and impowered to make Sale of the House 
and Lot mentioned for the most the same will fetch, and to make 
and execute a good and sufficient Deed or Deeds thereof, he observ- 
ing the directions of the Law respecting the Sale of Real Estates 
by Exec" & Adm" and giving sufficient Caution to the Judge of 
Probate for the County of Essex, that the Overplus (if any be) 
after the Debts and Charges are paid be secured for the benefit of 
the said Deceaseds Heirs. \^Passed February 25. 



CHAPTER 330. 



Legislative 
Records of the 
Council, xxiv., 
625. 



ORDER ALLOWING £3. 6. 6 TO STEPHEN GAREY, JUN«. 

A Petition of Stephen Garey jun"" of Norton Setting forth That 
in the year 1761. he served in Cap* Williams Company of Col" Hoars 
Regiment at the Westward and being drafted out at Albany as a 
mu"pp!^2*2V283. Carpenter, he never Joined his Company, and so never received his 
Cloathing; yet £3.16/ hath been stopped out of his Wages for said 
Cloathing. And praying Relief. 

Read and 



[3d Sess.] Province Laws (i?eso?feN, efc.). — 1762-63. 373 

Ordered, that the Sum of Three pounds Six Shillings and Six 
pence ' be paid out of the public Treasury to Thomas Morey Esq"" 
for the Use of the Petitioners in full for the Cloathing mentioned. 
[Passed Fehruary 25. 



CHAPTER 331. 

ORDER ALLOWING £5. 13 AND A FURTHER SUM OF £3 TO THO^ 

KNOWLTON. 

A Petition of Thomas Knowlton of Ipswich Setting forth That Legislative 
in April 1759. he inlisted as a Soldier in Cap' Davis', Company, and coundf, x^x^ri-^, 

being stationed at Louisbourg remained there till the o'*" Dec"" 1760. ^^ 

and on his return was cast away at the Isle of Sable where he con- House Jour- 
tinued 42. days when he was taken aboard a Fisherman to whom he • ^' ' • 
paid Three pounds for his passage and did not arrive at his home 
till 29**^ January 1761. and that he apjjrehends he is made up short 
in the Muster Roll And praying Relief 

Read and 

Ordered that the Sum of Five pounds thirteen shillings be paid out 
of the public Treasury to the Petitioner in full for his Wages Also 
the further Sum of Three pounds that he paid Capt" Salmon for his 
passage from the Isle of Sables. \^Passed Fehruary 25. 



CHAPTER 332. 

ORDER allowing £3. 14. 8 TO JOHN DAVISON AND STOPPING THE 
SAME SUM OUT OF WAGES OF CAPT. SIMON JEFFORD. 

A Petition of John Davison of Wenham Setting forth That Legislative 
he served at Halifax as a Soldier in the pay of the Province in 1761. councif, xxw!, 
under Capt. Simon Jeffords, and was charged in the Roll with £3.2.8 ^^- 



for a Suit of Cloaths which he never received And praying Releif House Jour- 
Read and ^ [ ^ na.. pp. 126.260. 

Ordered That the Sum of Three pounds fourteen shillings and 
Eight pence be paid out of the public Treasury to Capt" Brown of 
Wenham for the use of the Petitioner in full ^ And 

Ordered that the Sum of Three pounds fourteen shillings and 
Eight pence be stopped out of Captain Simon Jeffords Wages till 
he account for the disposition of the Cloathing he received of the 
Quarter Master at Halifax for the Men under his Command. [^Passed 
Fehruary 25. 

1 The House Journal, p. 283, reads, " £3. 5. 6." 

^ The words following "the petitioner in full" are not found in the House Journal. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1763-64. 



[375J 



LEGISLATIVE LIST^ 



1763-64. 



His Excellency FRANCIS BERNARD, 

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

ANDREW OLIVER, Esq., 

SECRETARY OF THE PROVINCE. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Colony of the Massachusetts Bay ; 



Hon. Thomas Hutchinson\ 
John Osborne 
Benjamin Lynde 
Samuel Danforth 
Samuel Watts 
Andrew Oliver 
Isaac Royall 
John Erving 
James Bowdoin 



Thomas Hancock 
Thomas Hubbard 
Israel Williams 
Harrison Gray 
EsQRS. John Choate 

James Russell 
Thomas Flucker 
Nathaniel Ropes 
Timothy Paine. 



'Esqrs. 



Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly 
called the Colony of New Plymouth ; 

John Gushing ) t^ Gamaliel Bradford ). 



George Leonard 



ESQRS, 



James Otis 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands witJmi the Territory formerly 
called the Province of Maine ; 

John Hill, Nathaniel Sparhawk & John Bradbury, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying 
hettoeen the River of Sagadehoc and Nova Scotia ; 

William Brattle, Esq. 

1 See Legislative Records of the Council, xxv., 1-5. 
[377] 



378 Province Laws (i?eso?ves, e^c). — 1763-64. [Representatives.] 

For the Province, at large : — 
Benjamin Lincoln & Peter Oliver, Esqrs. 



REPRESENTATIVES OR DEPUTIES. 



May 25, 1763 to April 9, 1764. 



Mr. timothy 
County of Suffolk. 

Boston, . . . Roy all Tyler, Esq., 
James Otis, Esq., 
Thomas Gushing, Esq., 
Oxenbridge Thacher, Esq 

Roxbury, . . Joseph Williams, Esq. 

Dorchester, . . John Robinson. Esq. 

Milton, . . . Andrew Belcher, Esq. 

Braintree, . . Capt. Ebenezer Thayer. 

Weymouth, . . James Humphrey, Esq. 

Hinghani, . . Mr. Joshua Hearsey. 

Dedham, . . Eliphalet Pond, Esq. 

Medjield, . . Mr. Seth Clark. 

Stoughton, . . Joseph Hewins, Esq. 

Wreniham, . . Capt. Timothy Metcalf. 

Medway, . . Elisha Adams, Esq. 

Chelsea, . . Thomas Goldthwait, Esq. 

CoLTs^TY OF Essex. 
Salem, . . . William Brown, Esq. , 

Andrew Oliver, Jr., Esq. 
Ij)swich, . . Samuel Rogers, Esq. 
Newbury, . . Joseph Gerrish, Jr., Esq., 

Capt. Moses Little. 
Lynn, . . . William Collins, Esq. 
Marblehead, . Jacob Fowle, Esq. 
Andover, . . Samuel Phillips, Esq. 
Beverly, . . Mr. Henry Herrick. 
Roivley, . . . Mr. Thomas Lancaster. 
Salisbury, . . Caleb Cushing, Esq. 
Haverhill, . . Richard Saltonstall, Esq. 
Glocester, . . Thomas Sanders, Jr., Esq. 
Almsbury, . . Jonathan Bagley, Esq. 
Bradford, . . Benjamin Milliken, Esq. 
Boxford, . . Aaron Wood, Esq. 
Danvers, . . Mr. Thomas Porter. 

County of Middlesex. 
Cambridge, . Andrew Bordman, Esq., 
Edmund Trowbridge, 
Esq. 

* The House Journal, p. 4, reads, 



RUGGLES, Speaker. 

County of Middlesex 
Charlestown, 
Woburii, . 
Concord, . 
Reading, . 
Newtown, . 
Marlborough, 
Oroton, 



Concluded. 
Capt. Samuel Henley. 
James Fowle, Esq. 
Charles Prescot, Esq. 
Ebenezer Nichols, Esq. 
Thomas Greenwood, Esq. 
JVIr. John Warren. 



Shirley & 

Pe])perrell, 

Watertow)i, 

Billerica, . 

Framingham, 

Lexington, 

Westo?i, 

Chelmsford, 

Maiden, 

Medford, . 

Sudbury, . 

Sherburne, 

Waltham, . 

Stow, . 

Lincoln, 

Hox>kinston, 



5 



Capt. Abel Lawrence. 

Mr. Daniel Whitney. 
Capt. Enoch Kidder. 
Joseph Buckminster, Esq. 
Benjamin Reed, Esq. 
Elisha Jones, Esq. 
Sampson Stoddard, Esq. 
Cajjt. John Dexter. 
Stephen Hall, Esq. 
John Noyes, Esq. 
Mr. Jonathan Russell. 
Samuel Livermore, Esq. 
Henry Gardner, Esq. 
Hon. Chambers Russell, 

Esq. 
John Jones, Esq. 



County of Hampshire. 

Springfield, . . John Worthington, Esq., 

Josiah Dwight, Esq. 

Northampton, n ^. , ^ . , 

„ ,, .a / Timothy Dwight, Jr., 

Southampton cc > " 

Hadley,' ) ^^'^■ 

South Iladley 

and Amherst, 

Hatfield, . 

Deerfield and 

Greenfield, 

Westfield, . 

Sunderland, 

Brimfield & 

Monson, 



Eleazer Porter, Esq. 

Mr. William Williams. 

Mr. Jonathan Ashley, Jr. 

Eldad Taylor, Esq. 
Mr. Fellows Billino-. 



/ Daniel Burt, Esq. 
Hadley, South Hadlev & Amherst." 



[Representatives.] Province LiAw^ {Resolves, etc.). — 1763-(i4. 379 



County of AVorcester. 



Worcester, . 
Lancaster, . 
Brookficld, 
Sutton, . 
Rutland and 
Rutland Dis- 
trict, 

Sturbridge, 
Westborough, 
Southborough, 
Hardwick, . 

Lunenburgh, 
Shrewsbury , 
Petersham, 
Oxford, . 
Bolton, . 



County 



Plymouth, . 
Scituate, 
Marshjield, 
Duxbury, . 
Bridgwater, 
Middleborough 
Rochester, . 
Plympton, . 
Pembroke, . 
Abington, . 



County 

Barnstable, 
Sandwich, . 
Eastham, . 
Harwich, . 



John Chandler, Esq. 
Mr. David Wilder. 
Jedediah Foster, Esq. 
Capt. Henry King. 

John Murray, Esq. 

Moses Marcy, Esq. 
Francis AVhipple, Esq. 
Ezra Taylor, Esq. 
Hon. Timothy Ruggles, 

Esq., Speaker. 
Edward Hartwell, Esq. 
Artemas Ward, Esq. 
Joshua Willard, Esq. 
Edward Davis, Esq. 
John Whetcomb, Esq. 

OF Plymouth. 

. Thomas Foster, Esq. 
. Thomas Clapp, Esq. 
. John Winslow, Esq. 
. Briggs Alden, Esq. 
. Daniel Howard, Esq. 
. Capt. Ebenezer Sprout. 
. Nathaniel Ruggles, Esq. 
. Capt. John Bradford. 
. Mr. John Turner. 
. Capt. Woodbridge 
Brown. 

OF Barnstable. 
. Mr. Cornelius Crocker. 
. Mr. Stephen Nye. 
. Capt. Solomon Pepper. 
. Mr. Chillingworth Fos- 
ter, Jr. 



County of Barnstable — Concluded. 
Yarmouth, . . Mr. Daniel Hall. 
Falmouth, . . Thomas Smith, Esq. 

County of Bristol. 

Taunton, . . . James Williams, Esq. 

Rehoboth, . . . Capt. James Clay. 

Norton, . . . Thomas More}-, Esq. 

Swanzey, . . . Jerathmeel Bowers, Esq. 

Dartmouth, . . Mr. Walter Spooner. 

Attleborough, . Stephen Fuller, Esq. 

Dighton, . . . Mr. Ebenezer Stetson. 

Freetown, . . Thomas Gilbert, Esq. 

County of York. 
York, .... Capt. Thomas Bragdon. 
Kittery, . . . James Gowen, Esq. 
Wells, . . . Joseph Sawyer, Esq. 
Berwick, . . . Benjamin Chadburne, 

Esq. 
Biddeford, . . Samuel Jordan, Esq. 

In the County of Nantucket. 
Sherburne, . . Abishai Folger, Esq. 

County of Cumberland. 
Falmouth, . . Francis Waldo, Esq. 
Scarboroiigh, . Edward Milliken, Esq. 



COLTS'TY 

Sheffield, Oreat 
Barrington and 
Egremont, 
Stockbridge, . 
Tyringham, . 
Pittsjield, . 



OF Berkshire. 

Joseph Dwight, Esq., 
John Ashley, Esq. 

Elijah Williams, Esq. 
Capt. John Chadwick. 
Mr. Charles Goodrich. 



RESOLVES, ORDERS. VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-fifth Day of May, A.D. 1763. 



CHAPTEE 1. 

VOTE SUBSTITUTING THOMAS GUSHING FOR JOHN PHILLIPS TO COUN- Legislative 

TERSIGN TREASURERS' NOTES. Records of the 

Council, 
XXV., 8. 

The two Houses according to agreement proceeded to the choice House Jour- 
of a person to sign the Treasurers Notes in the room of John Phillips ^i^^'^f^j^' 
Esq"" deced; the Votes being counted and sorted it appeared that chap! 377. 
Thomas Gushing Esq'' was chosen by a major Vote of the Council 
and House of Representatives. [Passed May 27. 



CHAPTEE 2. 

VOTE CHOOSING A COLLECTOR OF EXCISE FOR YORK COUNTY. 

The two Houses according to Agreement proceeded to the choice Legislative 
of a Collector of Excise for the County of York the current Year, councif I'x'^v.® 
the Votes being counted and sorted, it appeared that M'' David lo- 
Sewall was chosen by a Major Vote of the Council and House of House Jour. 
Representatives. [Passed May 28. nai. pp. 16,20. 



CHAPTEE 3. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF BRISTOL AND 
ALLOWING £1. 11. 6 FOR THE EXPENSE THEREOF. 

The Committee appointed to make Sale of the duties of Excise Legislative 
on Tea, Coffee and China Ware in the County of Bristol made «^;i°^^'?f^«*^*^']f 
report that they had sold the same to Jonathan Cobb for Thirty lo- 
one pounds, and taken Bond therefor which they had delivered to House Jour- 
the Province Treasurer, And Prayed Allowance of Thirty one shil- (February, 
lings and six pence, the charge attending the Sale ?Jn(e,' p.'slo 

Read and Accepted : And chap! 263. 

Ordered that the sum of One pound eleven shillings and six pence 
be paid out of the Treasury to the Committee for their Service in 
the Affair. [Passed May 28. 

[381] 



382 



Province Laws (Besolves, etc.). — 1763-64. [Chaps. 4-6.] 



CHAPTEE 4. 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF ESSEX AND 
ALLOWING £1. 13. 11 FOR THE EXPENSE THEREOF. 



Legislative 
Records of the 
Council, XXV., 
10. 

House Jour- 
nal, p. 23-2 
(February, 
1763) ; p. 17. 
Atite, p. 338, 
chap. 257. 



The Committee appointed to Farm out the duties of Excise on 
Tea, Coffee and China Ware in the County of Essex made report 
that they had sold the same to M"" Nathan Jones for Seven hundred 
and twenty pounds, and taken Bond therefor, which they had deliv- 
ered to the Province Treasurer, And prayed Allowance of Thirty 
three shillings and eleven pence the charge attending the Sale. 

Read and 

Ordered That the Sum of One pound thirteen shillings and eleven 
pence be paid out of the Treasury to the Committee for their Ser- 
vice in the Affair. [Passed May 28. 



CHAPTER 5. 



ORDER ANNEXING WHITES FARM AND THE GORE OF LAND ADJACENT 
TO THE TOWN OF LEOMINSTER. 



Legislative 
Records of the 
Council, XXV., 
10. 

House Jour- 
nal, pp. 16, 20. 



A Petition of Thomas Stearns Setting forth That he occupys 
and mostly owns, a Farm called Whites Farm in the County of 
Worcester containing two hundred and seventy five Acres which 
Farm is not within any Township but lies within twenty eight rods 
of the northerly Line of Leominster where he usually attends the 
public Worship. And Praying that the said Farm together with a 
Gore of Land of about twenty eight rods wide which lyes between 
the same and the Town of Leominster may be annexed to the said 
Town 

Read and 

Ordered That the Petitioner Thomas Stearns with the Farm called 
Whites Farm which he now occupies and which lyes in the County 
of Worcester, together with the Gore of Land of about twenty eight 
rods wide lying between said Town and the Town of Leominster be, 
and hereby is annexed to the Town of Leominster aforesaid, there 
to do duty and receive priviledge for the future. [Passed May 28. 



CHAPTER 6 



Legislative 
Records of the 
Council, XXV., 
11. 

House Jour- 
nal, pp. 17, 18. 



ORDER IMPOWERING ZEB" LEONARD, GUARDIAN, TO EXCHANGE LANDS. 

A Petition of Zebulon Leonard of Middleborough, Guardian of 
Elkanah Leonard Esq'' of said Middleborough, a person non compos 
mentis Praying that he may be impowered in his capacity aforesaid 
to make an exchange of some part of the said Elkanahs Lands for 
the Land adjoining, belonging to Micah Leonard, of which his 
Father Simeon Leonard dyed seized, and is now settled on the said 
micah ; which exchange would mutually accomodate both Parties. 

[Read and] 



[1st Sess.] Province Laws {Resolves, etc.). — 1763-64. 383 

Ordered That Zebulon Leonard the Petitioner in his capacity of 
Guardian to his Father Elkanah Leonard Esq'' non compos, be and 
is hereby fully authorized and impowered to make the Exchange of 
the Lands with Micah Leonard as proposed in the said Petition and 
to execute a good deed of Exchange with him accordingly. \^Passed 
May 28. 

CHAPTER 7. 

ORDER APPOINTING A COMMITTEE TO PROVIDE A NEW IMPRESSION 
OF THE TEMPORARY LAWS OF THE PROVINCE AND DIRECTING THE 
DISTRIBUTION THEREOF. 

In the House of Representatives Legislative 

Ordered That Thomas Morey, Thomas Goldthwait and Thomas councff.xivlf 

Clapp Esq""* with such as the hon'''" Board shall join be a Committee i'^- 

to provide a new Impression of the temporary Laws with a Table to House Jour- 
the same ; one book for each Member of the General Court last Year, ' '^' 
and one for each Member of the Court this Year that was not so 
the last; and one Book for each Town and District within this Prov- 
ince that pay Public Taxes; and one book to be lodg'd Avith each 
Clerk of the Courts of General Sessions of the Peace and Inferior 
Courts of Common Pleas in the several Counties for the use of said 
Courts and one sett of the perpetual and Temporary Laws to be 
lodg'd with the Sheriffs in each County for the use of the executive 
Courts that shall be from time to time held in each respective County. 
In Council Read and Concurred and William Brattle and Thomas 
Flucker Esq" are Joined in the Affair. \^Passed May 30. 



CHAPTER 8. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE 
ON TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF CUMBER- 
LAND AND ALLOWING £L 19 FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the duties of Excise on Legislative 
Tea, Coffee and China Ware in the County of Cumberland made ^^Ij^^cn" xx v.? 
report that they had Sold the same to M"" Theophilus Bradbury for 12. 
ninety pounds, six shillings and taken Bond for the same which House .lour- 
they had delivered to the Treasurer. And prayed allowance of Thirty ("February, 
nine shillings the charge attending the Sale. ^Ifitely.'ui, 

Read and ciiap'. 267. 

Ordered That this Report be accepted, and that the sum of One 
pound nineteen shillings be paid out of the Public Treasury to the 
Committee for their Service in this Affair. [^Passed May SO. 



CHAPTER 9. 

ORDER IMPOWERING SARAH CHEEVER, GUARDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Cheever of Manchester Widow, and Guar- Legislative 
dian to her Child Samuel Cheever, a minor of about 8 Years of councff, xxl'^f 
Age. Setting forth, That the said Samuel holds a small piece of '^^ 



38i 



Province Laws {Resolves, etc.). — 1763-64. [Chaps. 10, 11.] 



House Jour- 
nal, p. 24. 
Province 
Laws, ii., 151, 
chap. 10. 



Land containing about half an Acre situate in Marblehead hereto- 
fore parcel of the Estate of his Father the Eev^ M' Ames Cheever 
late of Manchester deceased, which Land is under no improvement, 
but is daily growing worse by reason of the Inroads of the Sea. And 
Praying liberty to Sell the same for the benefit of the Minor. 

[Read and] 

Ordered That the Prayer of this Petition be so far granted as that 
the Petitioner in her said capacity as Guardian to her Son Samuel 
Cheever be and is hereby fully authorized and impowered to make 
Sale of the half Acre of Land mentioned in said Petition for the 
most the same will fetch and to execute a good deed in the Law of 
the same, She observing the directions of the Law relating to the 
Sale of Real Estates by Executors or Administrators and giving 
caution to the Judge of Probate for the County of Essex that the 
proceeds arising by said Sale be put to interest for the Support and 
maintenance of her Son Samuel. {^Passed May 30. 



CHAPTER 10. 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE 
ON TEA, COFFEE & CHINA WARE FOR THE COUNTY OF BARNSTABLE 
AND ALLOWING £1. 10. FOR THE EXPENSE THEREOF. 



Legislative 
Records of the 
Council, XXV., 
14. 

House Jour- 
nal, p. 233 

(Februarv, 
1763); p. 29. 
Ante, p. 340, 
chap. 262. 



The Committee appointed to farm out the duties of Excise on 
Tea, Coffee and China Ware in the County of Barnstable made 
report that they had sold the same to Isaac Hinkley Esq'" for £43.6.8 
and taken bond for the same which they had lodged with the Prov- 
ince Treasurer: x\nd Prayed Allowance of the charge attending the 
Sale amounting to thirty shillings. 

Read and Accepted: And 

Ordered That the sum of One pound ten shillings be allowed and 
paid out of the Public Treasury to the Committee for their Service 
in the affair. \^Passed May 81. 



CHAPTER 11. 



ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF PLYMOUTH AND 
ALLOWING £2. 5. 8 FOR THE EXPENSE THEREOF. 



Legislative 
Records of the 
Council, XXV., 
14. 

House Jour- 
nal, p. 233 
(Februarv, 
1763) ; p. 28. 
Ante, p. 339, 
chap. 2.')9. 



The Committee appointed to farm out the duties of Excise on 
Tea, Coffee and china Ware in the County of Plymouth made report 
that they had sold the same to m"" William Rand juii'' for One hun- 
dred and sixty two pounds, and had taken bond for the same which 
they had lodg'd with the Province Treasurer. And prayed Allow- 
ance of the charge attending the Sale amounting to Two pounds 
five shillings and eight pence 

Read and Accepted : And 

Ordered that the sum of Two pounds five shillings and eight 
pence be allowed and paid out of the Public Treasury to the Com- 
mittee for their Service in the Affair. [Passed May 31. 



[1st Sess.] Province Laws (i?esoZz;es, e^c). — 1763-64. 385 



CHAPTER 12. 

ORDER ACCEPTING REPORT OF THE COMMITTEE FOR FARMING EXCISE 
ON TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF NANTUCKET 
AND ALLOWING £L 7. 8 FOR THE EXPENSE THEREOF. 

The Committee appointed to Farm out the duties of Excise on Legislative 
Tea, Coffee and china Ware in the County of Nantucket made councu' xxv.^ 

report that they had sold the same to Thomas Arthur for Thirty 14^ '_ 

seven pounds, six shillings and eight pence and taken bond for the House Jour- 
same which they had delivered to the Province Treasurer: And ^Fehraao', 
Prayed allowance of the charge attending the Sale amounting to ]if^te'n'ui 
One pound seven shillings and eight pence. chap*. 266. 

Eead and Accepted: And 

Ordered That the sum of One pound seven shillings and eight 
pence be allowed and paid out of the Public Treasury to the Com- 
mittee for their Service in the Affair. [Passed May SI. 



CHAPTER 13. 

ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

The House took into consideration the Petitions of Sick and n^^'^'f^^fju 
Wounded Soldiers, and thereupon the following Votes passed Viz^ council, xxv., 

Ordered That the sum of Two pounds fourteen shillings and 1^: 

eight pence be paid out of the Public Treasury to Edward Hart- Archives 
well Esq"" for the use of Moses Kitter in full. J^^-^-',^?f/^' 

To Thomas Clapp Esq'' £3.4 for the use of Michael Viekers in full. 297! 298^ sn, 338,' 
To Cap' Woodbridge Brown £1.16 for the use of Jonathan Chub- ie'l^^islfelS 

buck in full. 350; 359'. House 

To Thomas Clapp Esq' £3.6 for the use of Joseph Elms in full. Journal, pp. 20, 
To James Humphrey Esq"" £6 for the use of Benoni Hunt in full. 
To Tho^ Clap Esq' £3.18 exclusive of the Doctors Bill for the use 

of W'" Hollowell in full 
To James Gowen Esq'' £2.8 for the use of Eleazer Ferguson in full. 
To Charles Prescot Esq'' £3.10 for the use of Reuben Horsmer in 

full. 
To Cap' Woodbridge Brown £4.4 for the use of Adam Cushing in 

full. 
To Charles Prescot Esq'' £2.0.8 for the use of John Darby in full. 
To James Humphrey Esq"" £2.14 for the use of Thomas Hollis in 

full. 
To M' Joshua Hersey £2.6 for the use of Urban Lewis in full. 
To Charles Prescot Esq"" £3.0.4 for the use of John Crag in full. 
To M' Joshua Hersey £1.14 for the use of Lot Lincoln in full. 
To Ezra Taylor Esq' £3 for the use of Simon Millen in full. 
To Cap' Abel Lawrence £2.14 for the use of Nathan Smith in full. 
To Cap' Woodbridge Brown £3.2 for the use of Abigail Whitman 

in full. 
To Cap' Abel Lawrence £1.4 for the use of Joshua Johnson in full. 
To Cap' Woodbridge Brown £3.12 for the use of Daniel Garnet in 

full. 
To Cap' Abel Lawrence £5.6.8 for the use of Mephibosheth Adams 

in full. [Passed May 31. 



386 



Province Laws {Resolves, etc.). — 1763-64. [Chaps. 14-16.] 



CHAPTER 14. 



ORDER REMITTING TO THE TOWN OF SUNDERLAND AND DISTRICT OF 
MONTAGUE £10 FINE FOR NOT SENDING A REPRESENTATIVE. 



Legislative 
Records of the 
Council, xxv., 
17. 

House Jour- 
nal, p. 26. 
Province 
Laws, iv., 588, 
chap. 12; 632, 
note. 



A Petition of Fellows Billing Represeutative of the Town of 
Sunderland Praying that the Province Treasurer may be directed 
to repay the sum of Ten pounds, a Fine laid upon the Town of 
Sunderland and District of Montague for not sending a Repre- 
sentative to Court the last year, their numbers being small, and 
their public charges having been very great; besides which they 
have had the misfortune to have two School houses consumed by 
Fire. 

Read and 

Ordered That the Prayer of the Petition be granted. And the 
Petitioner is allowed to receive out of the Public Treasury the Sum 
of Ten pounds for the use of the Town of Sunderland and Mon- 
tague accordingly. \^Passed May 31. 



CHAPTER 15 



Legislative 
Records of the 
Council, xxv., 
17. 

Mass. 
Archives, 
Ixxx., 365. 
House Jour- 
nal, pp. 26, 28. 



ORDER ALLOWING 36/ TO PHILIP LEONARD. 

A Petition of Philip Leonard, a Soldier in the Pay of the Prov- 
ince in 1759 Praying an Allowance for his Service, the charge 
whereof was then casually omitted. 

Read and 

Ordered That the Sum of Thirty six shillings be paid out of the 
Public Treasury to the Petitioner in full for his Service within men- 
tioned. \_Passed May 31. 



CHAPTER 16. 



Legislative 
Records of the 
Council, xxv., 
17^ 

Legislative 
Records of the 
Council, xxiv., 
219, 609; XXV., 
9, 11. House 
.lournal, 
pp. 266, 267 
(February, 
1763) ; p. 31. 
Province 
Laws, iv., 692, 
note. 



ORDER ALLOWING £3. 12. 8 TO SOL" BRYANT, JOSEPH RICHARDS AND 
REUBEN COGNEHEW, INDIANS. 

A Petition of Solomon Bryant, Joseph Richards and Reuben 
Cognehue of Mashpee, Indians: Praying an Allowance of the ex- 
pence of their Journey to Boston in consequence of an Order of the 
General Court of the Ib^^ of February last. 

Read and 

Ordered That the Prayer of this Petition be granted : And that 
the Sum of Three pounds twelve shillings and eight pence be allowed 
out of the Public Treasury to the Petitioner in order to defrey the 
expences within mentioned. [^Passed May 31. 



[1st Sess.J Pkovince Laws (^Resolves, etc.). — 1763-64. 387 



nTTAPTTTlT? 17 Legislative 

\j n. 2^. r A. Ih n, ±<. Records of the 

Council, XXV., 



ORDER ALLOWING £3 TO REV. GIDEON IIAWLEY. 



18. 



Legislative 
Records of the 



Ordered That the Sum of Three pounds be granted out of the i^(!J"°09''H^u8e 
Publick Treasury to the Eev*^ Gideon Hawley Missionary to the Journal, 
Mashpee Indians for his expences in attending upon the Affair of ^February, 
said Indians agreeable to the order of this Court. [Passed May 31. ^g^]}^^^^l' 

16. 



CHAPTEE 18. 

RESOLVE EXCUSING JONATHAN BANE, JUN^ AND EBENEZER BANE 
FROM PAYING TAXES IN BIDDEFORD AND DIRECTING THEM TO 
PAY IN NARRAGANSETT N° 1. 

A Petition of Jonathan [ Jun''] and Ebenezer Bean * of the Legislative 
Block house in Saco Eiver Setting forth, That they live within c^undf,xxv.! 

less than three miles of the meeting House at Narraganset N° 1. 1^^ 

where they usually attend the Public Worship, and where they are House Jour- 
rated: That they are likewise rated at Bideford altho. they live 32. '^'^"' ' 
twelve miles distant from the meeting house there, and altho : the 
Bounds of said Township do not come within twelve miles of the 
place of their Dwelling. And Praying Relief. 

Eead and 

Resolved That the Prayer of the Petition be so far granted as 
that the Petitioners be excused from paying Taxes to the Town of 
Bideford, and that they pay taxes to Narraganset N° 1. 'till the fur- 
ther order of this Court. [Passed May 31. 



CHAPTER 19. 

ORDER DIRECTING THE COMMITTEE FOR FARMING THE EXCISE ON 
TEA, COFFEE AND CHINA WARE FOR THE COUNTY OF SUFFOLK TO 
PUT IT UP FOR SALE AGAIN. 

Ordered That the Committee for farming the Excise for the Legislative 
County of Suffolk be directed to put it up to Sale again. And that ^^Xcu'xxv'^f 

the Sum paid by the last ^ be retained to pay the cost of the Auction, ^o^ 

And that the same Committee be directed to deliver up to the last House Jmir-^ 
Bidder the note of hand by him Signed and given to Samuel Watts ^w<J]^'. 33s, ' 
Esq^ [Passed June 1. chap. 256. 

* The House Journal, p. 31, reads, " Batie." 
" See House Journal, p. 18. 



38