THE
ACTS AND RESOLYES,
PUBLIC AND PRIVATE,
Province of the Massachusetts Bay:
TO 'WHICH AKE PREFIXED
THE CnAETERS OF THE PROVINCE.
HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX.
Published tJNDER Chapter 87 of the Resolves or the General Court
OP the Commonwealth for the Year 1867.
Volume XYIII.,
BEING VOLUME XIII. OF THE APPENDIX.
containing
KESOLVES, ETC., 1765-1774.
.,. /■ , BOSTON<: ' ' ■ -
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 Post Office Square.
1913.
JANi-b 1913
STATE HOUSE, BOSTON.
.•? \ •'
RESOLVES, ORDERS, VOTES,
ETC.
Passed 1765-66.
[1]
LEGISLATIVE LIST^
1765-66
His Excellency FRANCIS BERNARD,
Captain-General and Governor-in-chief, etc.
ANDREW OLIVER,. Esq.,
SECRETARY OP THE PROVINCE.
COUNCILLORS OR ASSISTANTS.
Of the InhahUants of or Proprietors of Lands within the Territory formerly
called the Colony of the Massachusetts Bay ;
Hon. Thomas Hutchinsonn
Benjamin Lynde
Samuel Danforth
Andrew Oliver
Isaac Royall
John Erving
James Bowdoin
Thomas Hubbard
Israel Williams
Harrison Gray
John Choate
James Russell
Thomas Flucker
EsQRS. Nathaniel Ropes
Timothy Paine
Royall Tyler
Andrew Belcher
John Chandler
>ESQRS.
Of the Inhabita7its of or Proprietors of Lands luithin the Territory formerly
called the Colotiy of Neio Plymouth;
George Leonard
Gamaliel Bradford
ESQRS.
Peter Oliver
James Otis
[Esqrs,
Of the Inhabitants of or Proprietors of Lands within 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
betioeen the River of Sagadahoc <S Nova Scotia ;
William Brattle, Esq.
> See Legislative Records of the Council, xxvi., 1-5.
[3j
Province Laws {Resolves, etc.). — 1765-66. [Representatives.]
For the Province, at large : —
Benjamin Lincoln & Edmund Trowbridge, Esqrs.
REPRESENTATIVES OR DEPUTIES.
May 29, 1765 to April 5, 1766.
Mr. SAMUEL WHITE, Speaker.
County of Suffolk.
Boston,^ . . . Hon. James Otis, Esq.,
Thomas Gushing, Esq.,
Oxenbridge Thacher, Esq.
Mr. Thomas Gray.
Roxbuj'y, . . Joseph Williams, Esq.
Dorchester, . . John Robinson, Esq.
Milton, . . . Stephen Miller, Esq.
Braintree, . . Capt. Ebenezer Thayer.
Weymouth, . . James Humphrey, Esq.
Hincjham, . . Mr. Joshua Hearsey.
Dedham, . . Samuel Dexter, Esq.
Medjield, . . Mr. Seth Clark.
Stoughton, . . Mr. Daniel Richards.
Medway, . . Elisha Adams, Esq.
County of Middlesex — Concluded.
Salon, . .
Ipswich,
Newbury, .
Newbury liort,
Marblehead,
Lynn, .
Andover,
Beverly,
Rowley, .
Salisbury,
Haverhill,
Olocester,
Boxfoi'd,
Alnisbury,
Bradford,
Danvers,
Topsfield,
County of Essex.
. Andrew Oliver, Esq.,
William Brown, Esq.
. Dr. John Calef.
. Joseph (ierrish, Esq.
Dudley Atkins, Esq.
Jacob Fowle, Esq.,
William Bourn, Esq.
Mr. Ebenezer Burrill.
Samuel Phillips, Esq.
Mr. Henry Herrick.
Humphrey Hopson, Esq.
Caleb Cushing, Esq.
Richard Saltonstall, Esq.
Thomas Saunders, Esq.,
Nathaniel Allen, Esq.
Aaron Wood, Esq.
Isaac Merrill, Esq.
Benjamin Mulliken, Esq.
Mr. Thomas Porter.
Mr. Samuel Smith.
County of Middlesex.
Cambridge, . Andrew Bordman, Esq.,
Joseph Lee, Esq.
Charlestown,
Woburne, .
Concord, .
Beading, .
Newton,
Marlborough,
Water town,
Oroton,
Shirley &
Pepjicrrell,
Billerica, .
Framingham,
Lexington,
Weslo7i,
Chelmsford,
Maiden,
Medford, .
Sudbury, .
Waltham, .
Lincoln,
Westford, .
Hojikinston,
Stowe, .
Capt. Edward Sheafe.
James Fowle, Esq.
Charles Prescot, Esq.
Ebenezer Nichols, p]sq.
Capt. Abraham Fuller.
Mr. Samuel Witt.
Mr. Daniel Whitney.
Abel Lawrence, Esq.
Capt. Enoch Kidder.
Joseph Buckminster,
Esq.
AVilliam Read, Esq.
Mr. Abraham Bigelow.
Sampson Stoddard, Esq.
Capt. Ebenezer Harden.*
Stephen Hall, Esq.
John Noyes, Esq.
Capt. Jonas Dix.
. Hon. Chambers Russell,
Esq.
. Capt. Jonas Prescot.
John Jones, Esq.
Ilenrj' Gardner, Esq.
County of Hampshire.
Springfield & . \ John Worthington, Esq.
Wilbraham,
Northampton &
Southampton,
Hadley,
South Hadley
and Amherst,
Hatfield, .
Deerfield &
Oreenfield,
Westfield, . .
Brimfcld and
South Brimjield,
) Josiah Dwight, Esq.
> Timothy Dwight, Esq.
]\Ir. Daniel Nash.
Oliver Partridge, Esq.
]\Ir. Jonathan Asliley,
Jr.
Eldad Taylor, Esq.
Daniel Burt, Esq.
Samuel Adams, chosen Representative from Boston, September 27, 1765. — House Journal, p.
House Journal, p. 4, reads, "Harnden."
129.
[Representatives.] Province Ijxvf^ {Resolves, etc.). — ITGS-fJO.
County
Worcester, . .
Lancaster, .
Brookjield,
Sutton, .
Rtitland and
Btitland Dis-
trict,
Westboroiiyh, .
Southborough,
Hardwicke,
Shrewsbury, .
Sturbridge,
Bolton, .
Oxford &
Charlton,
Leicester, Spen-
cer, i& Paxton,
Mendon,
Harvard, .
Ltmenburgh and
Fitchburgh,
County
Plymouth, .
Scituate,
Marshfield,
Duxbury, .
Bridgwater,
Middleborough,
Rochester, .
Plympton, .
Pembroke, .
Abingto7i, .
OF WOUCKSTEU."
John Chandler, Esq.
. Mr. David Wilder.
. Jedediah Foster, Esq.
. Capt. Henry King.
John Murray, Esq.
, Francis Whipple, Esq.
Ezra Taylor, Esq.
Hon. Timothy Ruggles,
Esq.
. Artemas Ward, Esq.
Moses Marcy, Esq.
John Whitcomb, Esq.
Mr. Josiah Wolcott.
Capt. John Brown.
Mr. Joseph Dorr, Jr.
Capt. Israel Taylor.
Edward Hartwell, Esq.
OF Plymouth.
Thomas Foster, Esq.
Thomas Clap, Esq.
John Winslow, Esq.
Briggs Alden, Esq.
Daniel Howard, Esq.
Daniel Oliver, Esq.
Mr. Elisha Barrow.
Capt. John Bradford.
Josiah Keen, Esq.
Mr. Samuel Pool.
County of Barnstable.
Barnstable, . . Nymphas Marston, Esq.
Sandwich, . . . Mr. Stephen Nye.
Eastham and } t , ^ ^
Welfleet, J Jonathan Doane, Esq.
County of Baunstablk — Concluded.
Harwich, . . . Chillingworth Foster,
Esq.
Yarmouth, . . . Mr. David Thacher.
County of Bristol.
Taunton,
Rehoboth, .
S'wansey, .
Dighton, .
Dartmouth,
Norton,
Hon. Samuel AVhite,
Esq., Speaker.
Capt. James Clay.
Jerathmeel Bowers, Esq.
Ezra Richmond, Esq.
Mr. Walter Spooner.
George Leonard, Jr.,
Esq.
Attleborough, . Mr. Ebenezer Lane.
Freetown,
Mr. Thomas Durfee.
County of York.*
York, . . . ^ . Jonathan Sayward, Esq.
Kittery, . . . James Gowen, Esq.
Wells, .... Josejjh Sayer, Esq.
Berwick, . . . Benjamin Chadburn,
Esq.
Tisbury,
Dukes County.
. . James Athearn, Esq.
In the County of Nantucket.
Sherburne, . . Abishai Folger, Esq.
County of Cumberland.
Falmouth, . . Samuel Waldo, Esq.
Scarborough, . Mr. John Stuart.
North Yarmoicth, Jeremiah Powell, Esq.
Oorham, . . . Solomon Lombard, Esq.
County of Berkshire. ^
Stockbridge, . . Timothy Woodbridge,
Esq.
Pittsjield, . . . William Williams, Esq.
* Ephraim Doolittle, chosen Representative from Worcester, September 27, 1765, in place of John
Chandler, who was called to the Council. — House Journal, pp. 127, 128.
^ Mr. Thomas Perkins, chosen Representative from Arundell.. June 22, 1765. — House Journal, p. 88.
Samuel Jordan, chosen Representative from Biddeford, October 24, 1765. — House Journal, pp. 130, 131.
^ John Chadwick, chosen Representative from Tyringham, June 7, 1765. — House Journal, p. 40.
RESOLVES. ORDERS, VOTES, ETC.
Passed at the Session begun and held at Boston,
ON THE Twenty-ninth Day of May, A.D. 1765.
CHAPTER 1.
VOTE APPOINTING A COMMITTEE FOR THE REPAIRS OF CASTLE
WILLIAM.
The two Houses according to agreement, proceeded to the choice Legislative
of a Committee to take care of the Eepairs that shall be necessary councif °* '''^
to be made at Castle William the present year; and the Votes being xxvi., 9.'
brought in, sorted and counted; it appeared that Thomas Hubbard, Legislative
Royall Tyler and Thomas Cushing Esq" M"" Thomas Gray and Cap* coundr**^''
Edward Sheaffe were chosen by a maiority of the Votes. [Passed j^^^i-. ^^
^, jjj L House Jour-
Jlay 31. nal, p. 14.
CHAPTER 2.
RESOLVE IMPOWERING THO^ HUTCHINSON TO EXECUTE A DEED AND
TO BRING ACTIONS OF EJECTMENT AGAINST PERSONS ILLEGALLY
OCCUPYING PROVINCE LANDS, TO SELL THE SAME AND GIVE DEEDS
THEREOF.
A Memorial of Thomas Hutchinson Esq"" Setting forth That Legislative
having been long since appointed one of the Commissioners for councif.xxvL,
finishing the £100,000 Loan, and the whole being compleated ex- ^r^hivlfe^iv
cept the Sale of one piece or tract of Land in Hanover; three 346.
others in Rochester and one in middleborough ; he hath after many Mass.
attempts viz' on the 23*^ of may last Sold the tract in Hanover being ^5?'^Hou8e^''
twenty acres to BenJ^ Stockbridge Esq"" for £27.6,8 and praying that ^.?Yo°'*y^P;,^'^'
the said Sale may be confirmed, and that he may be specially im- ince Laws,
powered to give a sufficient Deed therefor. xm., 42, chap.
That no purchasers have appeared for the other tracts owing in
part as he imagines to this cause viz* That since possession was
delivered to the province certain persons have entered upon and
improved them; that the said Lands are extremely poor, and in the
whole do not amount to 200 Acres. That John Jeffries Esq'' with
himself are the only surviving Commissioners of this Loan, and
he apprehends a special authority will be necessary to eject the
persons in possession, and to give a title to the Lands after they
are recovered. And praying that the Court would take such order
therein as they in their wisdom shall think meet.
Read and
Resolved that the Hono*^'® Thomas Hutchinson Esq'' be and hereby
is fully Impowered to Give a good and Sufficient Deed of the tv/enty
[7]
Province Laws {Resolves, etc. ) . — 1765-66. [Chaps. 3, 4.]
acres of Land Mentioned in the memorial Sold to Benjamin stock-
bridge Esq"" the money for which s^ Land was sold to be Returned
into the Province Treasury, and that y° said Hon''''^ Thomas Hutch-
inson Esq"" be & hereby is fully Impowered to bring actions of Eject-
ment on any Persons that may be in Possession of any of the other
Tracts of Land mentioned in said memorial: and Prosecute y^ Same
to Effect and to sell and dispose of the whole of said Lands and
Give Good and sufficient Deeds of the same in behalf of the Prov-
ince and Pay y*^ money produced by y*^ sale of said Lands into the
Province Treasury that so the whole affair may be finished. [Passed
June 4.
CHAPTER 3
Legislative
Records of the
Council, xxvi.,
12.
House Jour-
nal, p. 23.
RESOLVE SETTING OFF DAVID AND JAJtfES EDSON WITH THEIR
ESTATES FROM THE EAST PRECINCT IN BRIDGEWATER TO THE
NORTH PRECINCT THEREOF.
A Petition of David Edson and James Edson both of the East
precinct in Bridgewater Setting forth That they live remote from
the House for Public Worship in the s** East precinct, and much
nearer to that in the north precinct, whereupon they have applied
to be dismissed from the said East precinct and admitted into the
north ; and the said precincts have accordingly granted the prayer
of their said petitions, excepting only their meadow at a place called
Snells meadow, which it is agreed shall remain to the East precinct.
And praying that this Court would set off them &, their Estates
excepting as aforesaid to the north precinct accordingly.
[Read and]
Resolved Va2i.i the prayer of this petition be granted, and that the
Petitioners David Edson and James Edson with their Families and
Estates except their meadow at a place called Snell's meadow, be
and hereby are set off from the East precinct in Bridgwater and
annexed to the north precinct in Bridgewater, there to do duty and
receive priviledges. [Passed Jxcne 5.
CHAPTER 4.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF WORCES-
TER COUNTY.
Legislative
Records of the
Council, xxvi.,
13.
House Jour-
nal, pp. 14, 29.
Province
Laws, xvi., 573,
chap. 18; xvii.,
528, chap. 39.
The Account of John Chandler Esq' Treasurer of the County
of Worcester, having been laid before the Court for their allow-
ance, the following Order passed thereon viz*
Read and
Resolved that the within account being right cast and well Vouched
be allowed, and that the Treasurer be discharged of the Sum of
£275.9.1% which he has paid by the Order of the Court of Ses-
sions, and that the balance of the Sum of £118.19.414 exclusive
of the Taxes laid on the Town of Woodstock still remaining due
to the County, and is outstanding in the hands of several Consta-
bles, he be further accountable for when by him received. [Passed
June 5.
[1st Sess.] Province Laws {Resolves, etc.). — 1765-66.
CHAPTEE 5.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH
COUNTY.
The Account of John Cotton Esq'' Treasurer of the County of Legislative
Plymouth, having been hiid before the Court for their allowance, councu.xxvh,
•^ - ^ - ■ ■ ■ 13.
the following Order passed thereon viz*
"Rpiifl and House Jour-
Resolved that the within Account being right cast and well vouched,
be allowed, and that the Treasurer be discharged of the Sum of One
hundred twenty two pounds, twelve shillings and two pence, which
he has paid by the order of the Court of Sessions, and that a bal-
ance of the Sum of Sixty one pounds and five shillings due to the
County, he be further accountable for. \^Passed June 5.
CHAPTEE 6.
RESOLVE ALLOWING THE ACCOUNT OF THE TRUSTEES OF HASSANI-
MISCO INDIANS.
The Account of Artemus Ward Esq'' and others, Trustees of the Legislative
Hassanamisco Indians, having been laid before the Court for their coundf.xiVi?
allowance, the following Order passed thereon viz' i4- Mass.
Kead and xxxui., 334.
Resolved that the within accounts are right cast and well vouched Mass.
and that the Ball^ of six pounds seven Shill^'* and four pence due to xxxiif^lb
the said Indians the Trustees be further Accountable for. \ Passed House Jour-
j ^ nal, p. 28.
June O. Province
La\YS, xvii.,
269, chap. 1U4.
CHAPTEE 7.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BARN-
STABLE COUNTY.
The Account of Solomon Otis Treasurer for the County of Legislative
Barnstable having been laid before the Court for their allowance council, xxvi.,
the following Order passed thereon Viz' ^5:
Eead and Kp.h?3-2.
Resolved that the within Account being right cast and well vouched
be allowed, and that the Treasurer be discharged of the Sum of One
hundred and fifty eight pounds fifteen shillings and seven pence
farthing which he has paid by order of the Court of Sessions; and
that a balance of three pounds, seven shillings & 7''% due to the
County he be further accountable for. \^Passed Ju7ie 6.
10
Province Laws (Resolves, etc.). — 1765-66. [Chaps. 8-10.]
Legislative
Records of the
Council, xxvi.,
15.
House Jour-
nal, pp. 14,31,
32.
CHAPTER 8.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX
COUNTY.
The Account of John Choate Esq'' Treasurer for the County
of Essex having been laid before the Court for their alloAvance, the
following Order passed thereon viz'
Eead and
Resolvedihiki the within Account being right cast and well vouched
be allowed, and that the Treasurer be discharged of the Sum of Eight
hundred and ninety pounds fourteen shillings and a half penny which
he has paid by order of the Court of Sessions, and that a balance
of Twelve hundred and eighty two pounds, eleven shillings and six
pence due to the County he be further accountable for. \^Passed
June 6.
CHAPTER 9.
RESOLVE IMPOWERING THE SEVERAL TOWNS IN THE COUNTY OF
YORK TO CHOOSE A COUNTY TREASURER.
Learislativc
Records of the
Council, xxvi.,
15.
House Jour-
nal, pp. 34, 35.
Province
Laws, 1., 63,
chap. 27.
Whereas it appears that the several Towns in the County of
York in March last did vote for a County Treasurer, and Return
of the Votes was made to the Court of General Sessions of the
peace held in said County in April last past and upon Counting
the Votes it appeared that there was no Majority of Votes for any
person to be Treasurer of said County the current year: And being
no provision in the Law to enable the Towns in said County to pro-
ceed to the choice of a County Treasurer the present year without
the aid of this Court. Therefore
Resolved^ That the several Towns in the County of York at their
Meetings legally called and held for that j^urpose, are hereby im-
powered to proceed to the choice of a County Treasurer, they ob-
serving the Eules of the Laws relating to the choice of County
Treasurers, and the Votes being returned to the next Court of Gen-
eral Sessions of the peace to be holden in said County, the person
appearing to be chosen by tlie Majority of Votes, be as fully im-
powered to act as Treasurer for said County to all intents and pur-
poses the current year, as if he had been chosen in March last.
\^Passed June 6.
CHAPTER 10.
RESOLVE ALLOWING £8 TO ALEX^ STUART.
Legislative
Records of the
Council, xxvi.,
16. Mass.
Archives, xva.,
278.
Mass.
Archives, xv*.,
277. House
Journal, pp. 24,
34. Proviui'e
Laws, xvii.,
579, chap. 154.
A Petition of Alexander Stuart Setting forth That the Gen-
eral Court did the last Fall upon his petition representing his dis-
tressed Circumstances, grant the Sum of Three pounds for his relief;
that the said Sum is expended, and he is now again in the like neces-
sitous circumstances. And praying the further help of the Court.
[Eead and]
Resolved that the prayer of this Pe*^" be so far granted as that
the Province Treasurer be directed to pay into the hands of Cap'
[1st Sess.] Province Laws {Resolves^ etc.). — 1765-66. 11
Edward Sheaffe A Sum not exceeding eight pounds in order to pro-
vide a passage for the Pef to Ireland and for no other purpose.
\^Pass6d June 6.
CHAPTER 11.
RESOLVE ALLOWING £2. 19. 1 TO RUTH HOLMES.
A Petition of Ruth Holmes, Widow of Jedediah Holmes late Legislative
of Middleborough Setting forth, That her said Husband on the councif.xiVu,
15'" day of march 1762 inlisted into his majesty's Service in the ^'ychfv'ei^'
pay of the Province, was in Cap' Ephraim Holmes Company of Col° ixxx., 576.
Hoar's Regiment, and marched to Castle William, where he Sickned Mass.
and Died on the last of April: That he was not made up in any f^^^^J^^i
muster Roll, and praying relief. House .Jour-
Read and
Resolved, that the Widow Ruth Holmes be paid out of the prov-
ince Treasury, the Sum of two Pounds, nineteen Shillings & a penny,
being the Wages, that was due to her late Husband, for the Time
he was in his Majesty's Service, which was never receiv'd, by reason
of his not being made up in the Muster Roll. The said money to be
paid to Dan^ Oliver Esq'' for her use. [Passed June 6.
CHAPTER 12.
ORDER ALLOWING £L 2. 6i TO JOS" PERRY.
A Petition of Joseph Perry Setting forth. That he hath care- Legislative
fully applied to the use of Alexander Stuart the Sum of Three cofmctf, xxv*!!;
pounds granted him by the General Court, which Money being ex- ^
hausted he was still obliged to expend upon him the further Sum House Jour-
of One pound two shillings and G** Y2 or the said Stuart must have ^upra, ciiai).
suffered. And praying he may be reimbursed said Sum. ^"•
Read and in Answer
Ot^dered that the Sum of One pound two shillings & 6*^ i/^ be paid
out of the public Treasury to Col" Buckminster for the use of the
petitioner in consideration of his Expences on said Stuart. And
that the s*^ Perry be discharged of the Three pounds which he re-
ceived out of the Treasury for the use of said Stuart. [Passed
June 6.
CHAPTER 13.
RESOLVE ALLOWING £2. 18. 10 EACH TO MOSES AND ADONIJAH BALL
AND £1. 16. 2 EACH TO DIVERS OTHER PERSONS.
A Petition of David Twitchell and others, Soldiers in the pay Legislative
of the Province in Cap' Page's Company of Col° Ruggles's Regi-^^^^'^'lf,^**^^
ment in 1760 Setting forth That they were by mistake made up ij- Mass.
^1/ ^ -L A rc 111 V G s
in the Roll twenty four days short of the time of their Service, ixxx., .itI
And praying an allowance. Mass.
Read (together with the Pet"« of Isaac and Moses Ball) and ^xxIJot.
, XXVI.,
12
Province I^a^v^ {Resolves, etc.). — 1765-66. [Chaps. 14, 15.]
Su^p^ 35!^'^" Resolved that the following Sums be paid to Cap' William Page
for the Use of the soldiers hereafter named in full for their pay
and billeting Viz
For Moses Ball £2. 18. 10
For Adonijah Ball , £2. 18. 10
For David Twitchell I
Elipluilet Morey |
Silas Shuttock \ each £1. 16. 2
Thaddeus Houghton ......... I
Stephen Lord .......... J
\^Passed June 6.
CHAPTER 14.
ORDER IMPOWERING PHINEAS HEYWOOD, GUARDIAN, TO EXECUTE A
DEED.
Legislative
Records of the
Council, xxvi.,
18^
House Jour-
nal, pp. 30, 35,
A Petition of Phineas Heywood of Shrewsbury, Guardian to
Samuel Lee of Rutland District a Man deaf and dumb Setting
forth. That the said Samuel Lee hath with the consent of the
petitioner taken into his House his Brother Charles Lee a Tanner
and allowed him to build a Tan house, and make a Tanyard on a
part of his Farm; and that the said Samuel proposes that his Brother
Charles should have a Deed of Six acres and eleven Rods of Land
where he hath placed the said Tanyard and House : but it being a
matter of doubt whether a Conveyance from the said Samuel can
be good, as he is under the care of a Guardian; the petitioner prays
that he may be Enabled as Guardian to the said Samuel Lee to
execute a Deed of the premises.
[Read and]
Ordered that the prayer of the petition be granted, and that the
petitioner be and he hereby is fully authorized and impowered to
make and Execute a good Deed of Sale to the said Charles Lee of
the Six Acres and Eleven Rods of Land mentioned in the said peti-
tion; the said Charles paying unto the said Phineas Heywood so
much as the same Land is reasonably worth for the use of the said
Samuel, and to account for the same with the Judge of .Probate
for the County of Worcester when required. [Passed June 7.
CHAPTER 15.
ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE
FOR THE COUNTY OF HAJMPSHIRE AND ALLOWING 12/ FOR THE EX-
PENSE THEREOF.
Legislative
Records of the
Council, xxvi.,
20.
House .Jour-
nal, p. 44.
Province
Laws, xvii.,
532, chap. 50.
The Committee appointed to Farm out the duties of Excise upon
Tea Coffee and China ware in the County of Hampshire reported
that they had Sold the same to M'' William Eastman for Thirty
pounds, and had taken Bond for the same, which Bond they had
delivered to the Province Treasurer. And praying allowance for
their time and expence.
Read and
Ordered that this Report be accepted; and that the Committee
be allowed twelve shillings out of the public Treasury for their time
& expence in that affair. [Passed June 11.
[1st Sess.] Province Laws (liesolves, etc.). — 17*35-GG. 13
CHAPTER 16.
ORDER REMITTING THE TAX FOR 1701 LAID UPON TOWNSHIP N" 4
[BECKET].
A Petition of Eldad Taylor Esq"' in behalf of the Inhabitants Legislative
of the Township N'' 4 in the County of Berkshire Setting fortli coS.xxv^^.
That apprehending themselves over Rated in the valuation taken 2"- J^iass.
in the year ITGl, they thereupon applied to the General Court for cxviii., uy.
relief who abated them tlie Sum of £55.0.3 assessed on them in Mass!
the year 17G1 and the further Sum of £36.17.6 assessed on them ^x'v'm^lfg.
in 1763 That there is now a Tax of £36.17.6 laid on them for the House Jour-
year 1764 which they are as unable to pay as either of the former d. 'province'
Sums, and the more so, as they have lost their Minister, and met ch^i^.'ir^'i^i'
with loss other ways And praying that the Court would again con- cjiap. lol^Tii',
sider the difficulty's they labour under, and grant them relief. note'.' ' ' '
Eead and
Ordered that the Tax laid upon the Township N° 4 for the Year
1764 as within mentioned be remitted them in consideration of the
Losses mentioned. [Passed June 11.
CHAPTER 17.
ORDER REMITTING THE EXCISE ON SPIRITUOUS LIQUORS TO HEWIT
ROOT.
A Petition of Hewit Eoot of Great Barrington, Setting forth Rgfords'onhe
That he hath for divers years past been Licensed to keep a public council, xxvi.,
House in s*^ Town ; That in Novem"" last his House took fire in the ArcWvtfstcxi.
Night and was burnt down with a great part of his Goods and Effects, ^_^
that he saved one hogshead of Hum, the most of which he expended Mass.
on his friends and Workmen who assisted in setting him up another 544. House'^*"'
House. And praying that in consideration of his loss and expence f^.'^pro'vince^'
aforesaid his Excise for the present year may be remitted him. Laws, iv., 792,
note
Read and
Ordered that the Excise upon what Spirituous Liquors the Pef
shall have Sold within the Space of one Year commencing from the
first Tuesday of September last be remitted to the Pef provided the
quantity does not exceed three hundred Gallons. [Passed June 12.
CHAPTER 18.
ORDER IMPOWERING JN^ BOSWORTH, GUARDIAN, TO JOIN- IN A SALE
OF REAL ESTATE AND MAKING PROVISION IN REGARD TO THE
PROCEEDS.
A Petition of John Bosworth and Sarah his Wife, Susanna Legislative
Jackson Spinster, Micah Gurney & Hope his Wife, & Jn" Bosworth couucu, xl vl!
Guardian of Hannah Jackson, Deborah Jackson & Rebecca Jack- '^3.
son Minors Children of Benjamin Jackson late of Halifax Cord- House Jour-
wainer deceased Setting forth, that the said Sarah, Susanna & Hope °^ • P'
14
Province Laws {Resolves ,etc.). — 176 5-6 6 . [ Chap . 19.]
with the said Minors are the only Children and Heirs of tlie said
deceased : That he died seized of about twelve or thirteen Acres of
Land with a small Dwelling House and Barn thereon, which cannot
be Divided among them. And praying that the said Guardian may
be impowered to join with the other Heirs in the Sale of the said
Estate; he to be accountable.
Eead and
Ordered that the prayer of the petition be granted; and that John
Bosworth the within named Guardian be, and hereby is authorised
& impowered in his said capacity to join with the other Heirs in
the Sale of tlie premises, and to make and Execute a good Deed
or Deeds thereof in the Law, he first giving due caution to the
Judge of Probate for the County of Plymouth that the proceeds
of the said Minors shares coming by said Sale shall be secured for
the use and benefit of the said Minors; and provided also that one
third part of the annual income or Interest of the Monies coming
by such Sale be reserved & secured to the Widow of the deceased
during her natural life instead of her Dower in the premises.
\^Passed June 12.
CHAPTER 19.
ORDER IMPOWERING ANN CHENEY TO SELL REAL ESTATE AND MAK-
ING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
24.
House Jour-
nal, pp. 47, 48.
Province
Laws, 11., 151,
chap. 10.
A Petition of Ann Cheney Widow of Ephraim Cheney late of
Medfield deceased Setting forth That the said deceased left the
petitioner the improvement of all the Estate he died possessed of
during her natural life, that said Estate consists of a House, Barn
& Grist Mill Land &c That by the great Ereshets in the Spring the
Mill Dam was carried away, and the Mill itself greatly damaged :
That neither the petitioner nor any of her Children are able to
repair the same; that the Children are all consenting that the said
Estate should be Sold, but that one of them being a Minor they
are not able to give a title to the Estate. And praying that she may
be impowered to execute a good & sufficient Deed to the purchaser
or purchasers, she to be accountable.
Read and
Ordered that the prayer of the petition be granted, and that Ann
Cheney be and hereby is impowered to make Sale of the within
mentioned premises for the most they will fetch, and to make and
Execute a good Deed or Deeds thereof in the Law; she observing
the directions of the Law for the Sale of Eeal Estates by Executors
or Administrators & giving proper caution to the Judge of Probate
for the County of Suifolk that the monies arising by the said Sale
shall be well secured for the benefit of the Children of the deceased,
excepting and reserving the Interest thereof for the use of the peti-
tioner during her natural life. \^Passed June 12.
[1st Sess.] Province Laws {Resolves, etc.). — 1765-66. 15
CHAPTER 20.
ORDER ALLOWING £6 TO JAMES AUAMS.
A Petition of James Adams of New Braintree in the County Legislative
of Worcester Setting forth, That he was in his Majesty's service coum^rxxvL
in 1759 under Cap* Robinson, and was as he apprehends intitled '■^- .^^f^-
to the Province Bounty of Six pounds allowed to those who inlisted ixx'x.757^(5.
for the reasons mentioned in his Petition. And praying that he may uam.
be allowed to receive the same. Archives,
-r, 1 1 Ixxx., 569.
Kead and House Jour-
Ordered that the prayer of the Pet" be granted and that the Pet' provi'nce*''*' ^°"
recieve Six pounds out of the publick Treasury to be paid into the ^/'^^•^'•» ^'^'^'
hands of Brig^ Euggles accordingly. \^Passed June 12. ^ ^^'
CHAPTER 21.
ORDER IMPOWERING SUSANNA SOUTHWORTH, ADM^ AND GUARDIAN,
TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO
THE PROCEEDS.
A Petition of Susanna Southworth Widow of Nath' Southworth Legislative
of Middleborough Setting forth That the said Nathaniel with councif, xxvl,
divers other persons were interested in a certain parcel of Land '^—
on which is built a Dam across Namasket River, and a Saw Mill, ^^^^^ '/,?"''"
Grist Mill & Forge erected thereon. That she finds herself unable Province
to carry on the business with the other partners, and that the de- cifap^o.'' ^^^'
ceased left only one Child a daughter: And praying that she may
be enabled to Sell the said Estate, the Money arising by said Sale
to be improved at Interest for the benefit of herself and her said
Child.
Read and
Ordered, that the prayer of the within petition be granted, and
that the petitioner Susanna Southworth as Admin^ of the Estate
of her late Husband Nathaniel Southworth and Guardian to his
only Child a Minor be, and she is hereby impowered to make Sale
of the deceaseds interest in the Land and Works thereon, as in said
petition mentioned; she observing the directions of the Law for the
Sale of Real Estates by Executors or Administrators, and giving
sufficient caution to the Judge of Probate for the County of Plym-
outh, that the proceeds of said Sale together with the Interest thereon
shall be paid to the said Minor on her arrival at Age or Marriage :
Saving to the said Susanna the lawful Interest of one third part
of the said proceeds during her natural life in lieu of her right of
dower in the premises. \_Passed June 12.
16
Province Laws (Hesolves, etc.). — 1 76o-f)6. [Chaps. 22, 23.]
CHAPTER 22.
ORDER ALLOWING £11. 12. 8 TO THE TOWN OF LEXINGTON.
Legislative
Kecords of the
Council, xxvi.,
26. Mass.
Archives,
Ixxx., 572.
Mass.
Archives,
Ixxx., 571;
ccliii., i'i.
House Jour-
nal, p. 57.
A Petition of Hamilton Hussey Setting forth That he was
born in the West of England, and being pressed aboard his Maj-
esty's Ship the Deptford came with the forces to Quebec and con-
tinued in his majesty's Service till the War ended; that in May 1764
he came to Lexington and was soon after warned out of Town ; that
he continued there however till the Fall of the year, when lie un-
happily run a nail into his Knee and put it out of joint, which has
rendered him a Cripple ever since : And being a stranger and desti-
tute of friends in the Country praying relief,
Eead and
Ordered that the Sum of eleven pounds twelve Shillings and eight
pence in full discharge of the expences in the Ace' annexed be paid
out of the publick Treasury to William Reed Esq"' for the use of
the Town of Lexington. [Passed June 13.
CHAPTER 23.
RESOLVE ALLOWING £42 AND A FURTHER SUM OF £30 TO REV" M«
ELEAZ8 WHEELOCK.
Legislative
Records of the
Council, xxvi.,
26.
Mass.
Archives,
xxxiii., 341.
House Jour-
nal, pp. 32, 41,
47. Province
Laws, iv.,564,
note,; xvii., 62,
chap. 150.
A Petition of the Rev*^ M' Eleazer Wheelock of Lebanon Set-
ting forth That he hath so far instructed the six Mohawk Indian
Boys in his School whom this Government had taken under their
patronage as that they are now qualified to teach School among
their own Nation, and it is now thought proper that they should
return home for a Season and be imployed in that business under
the Conduct and direction of several Missionaries who are appointed
to go among the Six Nations. That he is encouraged by S"" W'" John-
son to expect some more of the Youth. And praying that he may
be allowed now to receive the Interest of Sir Peter Warren's Dona-
tion for the last half year, and that tlie Court would continue this
allowance to him for the Cloathing these youth that are now going,
and for supporting them in their absence; and towards the support-
ing and instructing three more that will be left still under liis care.
[Read and]
Resolved that there be paid to the Rev*^ M' Eleazer Wheelock the
sum of Forty two pounds for the Boarding and Educating the Indian
Boys in his petition mentioned for seven Months ending the 27^^
day of June current. And that the further Sum of Thirty pounds
be paid to the said M' Wheelock in order to Cloath said Indian
boys for their decent Return to their friends, and both Sums to
be paid out of the Interest of S' Peter Warren's Donation; and
that the application of such Interest to the maintenance of Indian
Boys in the Colony of Connecticut discontinue and cease. [Passed
June 13.
[1st Sess.] Province Laws (liesolves, etc.). — 1765-66. 17
CHAPTER 24.
RESOLVE IMPOWERING THE GUARDIANS OF NATICK INDIANS TO SELL
LAND AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Samuel Morse of Natick in behalf of Ilezekiah n®?'^'f"^P»h
Comecho, an Indian Orphan of said place about ten years of age councu, xxvi.,
Setting forth That the said Hezekiah is Seized in fee of about Arcii^vcB!'
ten acres of Land which lies at a distance from any Eoad, and is xxxui.. 339.
so broken as to be unfit for a Settlement; that it Eents but for eight Mass.
shillings a year, whereas the Interest of the Money it would Sell xxxuufsss.
for would probably amount to Six or seven times as much. And na^jp "3^7^56
praying; that the Guardians of the Natick Indians may be impow- 57. * Province
ered to make Sale of the said Land and improve the money it shall chap. Ve, note.'
sell for, for the benefit of the said Orphan.
[Read and]
Resolved that the Prayer of this Petition be Granted and that
the Gaurdians of the Natick Indians be and are hereby fully Im-
powered to make Sale of the ten Acres of Land mentioned in Said
Petition for the most the Same Will fetch and to execute a Good
Deed thereof & the money arising by the Sale thereof Be Put out
to Interest for the Benefitt of the Said Hezekiah Comecho & paid
him when he shall Come of age, the S*^ Gaurdians to be account-
able to this Court for their Proceedings. [Passed June 13.
CHAPTER 25.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
THO^ TORRE Y TO RE-ENTER AN ACTION.
A Petition of Thomas Torrey of Plymouth Setting forth That Legislative
he was served with a Writ from Eobert Williams of Braintree and council^ xxvi?,
Summoned to appear at the Inferior Court of Common pleas at ?!:
Boston in the County of Suffolk on the first Tuesday of July 1764 n^T'T'^srK
in which Writ was included Isaac Thomas of Hardwicke in the 56.
County of Worcester, who as the petitioner apprehends was never
served therewith That the petitioner was not able to appear in Bos-
ton on Account of the small pox which was then there ; but employed
M'' Adams to appear as his Attorney, that the petitioner however was
called out before M" Adams got to Boston, and the said Williams
recovered Judgment for £0.19.1014: and Costs taxed at £3.12. And
praying that he may be impowered to re-enter his Action, that so
the same may be tried at the next Inferior Court of Common pleas
to be holden for the County of Suffolk, and that Execution may
be stayed in the mean time.
[Read and]
Ordered that the petitioner Tho^ Torrey serve the adverse party
Robert Williams with a Copy of this petition, that he shew cause
if any he hath why the prayer thereof should not be granted on
the second Wednesday of the next Sitting of this Court, and that
Execution as mentioned in the petition be stayed in the mean time,
provided the Petitioner give sufficient security to the Sheriff of the
County of Plymouth to pay such Sum as shall finally be adjudged
due. [Passed June 13.
18
Province Laws {Resolves, etc.). — 1765-66. [Chaps. 26, 27.]
Legislative
Records of the
Council, xxvi.,
28.
House Jour-
nal, pp. 57, 58.
Province
Laws, iv., 927,
note.
CHAPTER 26.
RESOLVE IN REGARD TO TAXES IN NEWBURY AND NEWBURYPORT.
Whereas the Tax laid upon the Town of Newburyport on tlie
Division of the Tax of the whole Town in the year 1764 was not
taken from any valuation and perfect Lists of the assessments laid
on the Inhabitants of Newburyport for Lands within the Town of
Newbury by said Town, and also 9n Newbury by Newburyport can-
not be obtained for want of time this Session. Therefore ;
Resolved, That the Assessors of Newbury for the year ITGl together
with the Assessors of Newburyport for the present year be directed
to prepare such List according to the last valuation taken thro' the
Province in the year 1701, and make return of such List to this
Court at their next Session; and if it appears by such List that the
Tax now laid upon each Town is unequal, it shall then be set right
in the next Tax Bill and the Sum or Sums so assessed since the
Division of the Town shall be repaid to either Town. {^Passed
June 14.
CHAPTER 27.
Legislative
Records of the
Council, xxvi.,
29.
Legislative
Records of the
Council, XXV.,
242. House
Journal, p. iiO
(June, 1764) ;
p. 45.
RESOLVE ACCEPTING REPORT OF COMMITTEE ON GENERAL ACCOUNT
OF THE PROVINCE TREASURER FROM MAY, 1764, TO MAY 29, 1765,
AND DISCHARGING HIM OF £225,363.
An Account of Harrison Gray Esq^ Treasurer & Receiver Gen-
eral of the Province dated 29^'^ May 1765, having been previously
examined by the several Committee's of the two Houses respectively,
their report was read which is as follows viz''
The Committee to whom was referred the Examination of the
Acco'^ of Harrison Gray Esq' Treasurer and Receiver General of
his Majesty's Revenues within the Province of the Massachusetts
Bay in New England begining the May 1764 ending May 2'.)"' 1765,
having attended that service, upon examining the same, find them
right cast and well vouched, by which it appears that the said Ac-
comptant chargeth himself with the Sum of Seventy two thousand
four hundred ninety three pounds sixteen shillings and five pence
being so much due for outstanding debts, with the Sum of One
hundred & one thousand nine hundred fifty four pounds, seven
shillings and seven pence balance due by the last Account. Also
with the Sum of Fifty one thousand eight hundred eighty one
pounds, seventeen shillings and three pence a Tax laid upon polls
and Estates for the year 1764. also with the Sum of Fifty four
thousand seven hundred sixty five pounds, nine shillings received
of sundry persons for Bills of Exchange drawn on Jasper Mauduit
Esq". Also with the Sum of One hundred thirty one thousand and
Sixty three pounds borrowed of sundry persons by virtue of sundry
Acts of Government, with the Sum of Twelve hundred. Sixteen
pounds, eighteen shillings and four pence received of sundry per-
sons for Lands. With the Sum of Thirty nine pounds twelve shil-
lings & one penny received of Nath' Sparhawk Esq' being a balance
due from the late Sir Will"' Pepperrell With the Sum of Seventeen
thousand nine hundred twenty pounds eight shillings and two pence
[1st Sess.] Province Laws {Resolves, etc.). — 1765-6(). 19
received of the Collectors of Excise upon Spirituous Liquors. With
the Sum of Eighteen hundred sixty one pounds, fifteen shillings
and four pence received of the Treasurer of Pensilvania being so
much their Agents received in London of the Parliamentary Grant
which should have been paid to tiie agent of this province. With
the sum of Fourteen hundred & eight pounds, eiglit shillings &
eight pence received of the Farmers of Excise upon Tea &c. With
the Sum of Forty pounds, thirteen shillings & eight pence received
for Fines &c With the Sum of Twenty two hundred, fourteen pounds
eighteen shillings and five pence received of the Honourable Com-
missioner for Impost Duties. All which Sums amount to Four hun-
dred thirty six thousand, eight hundred sixty one pounds, four
shillings and eleven pence.
The Committee further find that the said Accomptant discharges
himself by sundry payments and disbursments, by Order of the Gov-
ernor by and with the advice of the Council amounting to Twenty
thousand nine hundred and fifty pounds twelve shillings and five
pence. Also by Government Securities which he has redeemed amount-
ing, to One hundred ninety two thousand four hundred fifty four
pounds thirteen shillings & six pence which were burnt by a Com-
mittee of both Houses. By one years Interest paid on Government
Securities amounting to Eleven thousand nine hundred twelve
pounds, one shilling and four pence. Also by outstanding Taxes
due from the several Towns amounting to Seventy nine thousand,
five hundred forty nine pounds nine shillings and two pence. Also
by a remittance of a Tax laid upon Narraganset N° 1 for the year
17G3 by Order of Court amounting to forty four pounds, seven shil-
lings and six pence, and by balance in hand further to account for
One hundred, thirty one thousand, nine hundred forty eight pounds,
one shilling. All which Sums amount to Four hundred thirty six
thousand, eight hundred Sixty one pounds, four shillings & eleven
pence.
Whereupon the following Order passed viz*
Resolved^ That the Treasurer be and he hereby is discharged of
the several payments in the foregoing Account amounting to Two
hundred and twenty five thousand three hundred and Sixty three
pounds.
And that he be further accountable for the Sum of Seventy nine
thousand, five hundred and forty nine pounds, nine shillings and
two pence out standing Taxes due from the several Towns when
received into the Treasury. And the further Sum of One hundred
thirty one thousand, nine hundred forty eight pounds, one shilling
balance in hand. {^Passed June 14.
CHAPTER 28.
ORDER ALLOWING THE PROVISION ACCOUNT OF THE COMMISSARY
GENERAL.
The Committee appointed to examine the Accounts of Thomas Legislative
Hubbard Esq'' Commissary General, having made Keport the fol- councu^xxvu^
lowing Order passed thereon viz* 30.
Eead and Legislative
Ordered that the above Account be allowed; and there is due councu, xxv.^
20
Province Laws {Resolves ,etc.), — 176 5-6 6 . [Chaps . 2 9-3 1 . ]
Joiirnaurso f^om the Accomptant to the Province Forty two barrels of Beef,
(June, 1704) ; and six Barrels and one quarter of peas, which the said Commis-
sary is further to Account for. [Passed June 14.
p. 55.
CHAPTER 29.
ORDER ALLOWING THE INDIAN TRADE ACCOUNT OF THE COMMISSARY
GENERAL.
Legislative
Records of the
Council, xxvi.,
31. Mass.
Archives, cxx.,
543.
Mass.
Archives, cxx.,
541. House
Journal, p. 55.
Supra, chap.
28.
On the SAID Commissary's Account of Trade with the Indians.
Read and
Ordered that the within account be allowed, and that the ballance
thereof being three thousand three hundred and eighty pounds eigh-
teen Shillings and seven pence the within named Thomas Hubbard
Esq'' Commissary General is further to account with this Province
for. [Passed June 14.
CHAPTER 30.
ORDER ALLOWING THE GENERAL ACCOUNT OF THE COMMISSARY
GENERAL.
Legislative
Records of the
Council, xxvi.,
31.
House Jour-
nal, p. 55.
Siqyra, chap.
29.
On THE SAID Commissary General's Account current.
Read and
Ordered that the above Account be allowed, and tliat tiie balance
thereof being One hundred & twenty two pounds, ten shillings and
eight pence the said Commissary is further to account with the
Province for. [Passed June 14.
CHAPTER 31.
ORDER ALLOWING £2. 3. 8 TO STEPHEN KENT.
Legislative
Records of the
Council, xxvi.,
31. Mass.
Archives,
Ixxx., 574.
Mass.
Archives,
Ixxx., 574.
House Jour-
nal, pp. 38, 59,
60.
A Petition of Stephen Kent of Ipswich, Setting forth That
he Inlisted into his Majesty's Service in the pay of the Province
in ITol) that he was in Cap'' Whipple's Company of Col" Bagley's
Regiment, but was prevented by Sickness proceeding with the Com-
pany to Louisburgh but upon his recovery he went thither with
Cap* French to whom he paid four Dollars for his passage. And
praying an allowance of that expence and the expence of his billet-
ting till he went.
Read and
Ordered that the sum of two pounds three Shillings and eight
pence be paid out of the publick Treasury to D'' Caleff for the Use
of the Petitioner iniull. [Passed June 14.
[1st Sess.] Province Laws {Resolves, etc.). — 1765-66. 21
CHAPTER 32.
ORDER IMPOWERING ISRAEL PUTNAM, EXECUTOR, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Israel Putnam of Bedford in the County of mid- r®?'^^"'* .y
dlesex Executor of the last Will and Testament of Benjamin Put- Council,. wvi.,
nam late of said Bedford deceased Setting forth That the said ^li
deceased ordered by his Will so much of his Eeal Estate to be Sold niTm)!^"^^
as should be necessary to pay his Just debts, after that his personal Province '
Estate had been applied to that purpose: That the deceaseds Real chap.io.'' ' '
Estate was Apprised at £320 that the Debts amount to one half that
Sum or more; that the Buildings on the said Estate are old, and
that the maintaining thereof and the Fences on the premisses
together with the labour of keeping under the Brush, will require
a great part of the Rent; that the deceased left only one Child
which is not yet three years of age, whose Interest might be greatly
Advanced by Selling the remainder of the s*^ Estate, were the prod-
uce of it put out to Interest. And praying that he may be impow-
ered to Sell the said Estate accordingly.
Read and
Ordered that the prayer of the petition be granted, and the Peti-
tioner be and hereby is impowered to make Sale of the premises for
the most they will fetch, and to make & Execute a good Deed or
Deeds thereof in the Law, he observing the Rules of Law for the
Sale of Real Estates by Executors and Admin" & giving sufficient
caution to the Judge of Probate for the county of middlesex that
the proceeds arising by such Sale shall be applied to the payment
of the just debts of the deceased, and the remainder thereof secured
for the benefit of the Heir. \^Passed June 14.
CHAPTER 33.
ORDER IMPOWERING DAV PEARSE, GUARDIAN, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of David Pearse of Gloucester Guardian to Joseph Legislative
Stevens Pearse a minor Setting forth That the said Joseph is councir, xxvl,
owner of a certain House which is so decayed as not to be tenant- ^^
able, and having no Income wherewith to repair the same, it must ^aTTw"'^'
drop down and be wholly lost. And praying that he may be impow- pVoviiice'
ered to make Sale of the said House, and the Land thereto belong- ^fap^'io.'' ^^^'
ing, he to be accountable.
Read and
Ordered that the prayer of the petition be granted, and that the
Petitioner be and hereby is impowered to make Sale of the premises
for the most they will fetch, and to make and Execute a good Deed
thereof in the Law, he observing the directions of the Law for the
Sale of Real Estates by Exec" & Admin''^ & giving proper caution
to the Judge of Probate for the County of Essex that the monies
arising by said Sale shall be secured for the benefit of the Minor.
l^Passed June 14.
22
Province Laws {Resolves, etc.). — 1765-66. [Chaps. 34-36.]
Legislative
Records of the
Council, xxvi.,
34.
House Jour-
nal, p. 53.
Province
Laws, ii., 151,
chap. 10.
CHAPTEK 34.
ORDER IMPOWERING BETHIAH TAFT, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Bethiah Taft Admin^ of the Estate of her late
husband Aaron Taft of Mendon deceased Setting forth That the
deceaseds Debts amount to about £34 more than his personal Estate :
that he left a numerous Family of young Children, and that if she
should be obliged to sell off the Stock and Moveables, she should
be unable to support herself and Children. That her husband about
ten Months before his decease purchased 15Mj Acres of Land lying
about % of a Mile distant from his Homestead, which in the time
of his Sickness he desired might be Sold in order to pay his Debts
and help support his family. And praying that she may be Enabled
to Sell the same for the forementioiied purposes.
Eead and
Ordered that the prayer of the petition be granted, and that
Bethiah Taft the petitioner be and hereby is impowered to make
Sale of the premises for the most they will fetch, & to make and
Execute a good Deed or Deeds thereof in the Law : She observing
the directions of Law for the Sale of Real Estates by Executors &
Admin" and giving proper caution to the Judge of Probate for the
County of Worcester that the proceeds arising by such Sale be ap-
plied for the payment of the deceaseds debts, and the Overplus, if
any be, to be improved and secured for the benefit of the Heirs.
\^Passed Jime 15.
CHAPTER 35.
RESOLVE ALLOWING £20 TO W^ BROWN.
Legislative
Becords of the
Council, xxvl.,
35.
Legislative
Records of the
Council, XXV.,
115. House
Journal, p. 61.
A Petition of William Brown of Framingham praying an allow-
ance of his charge and Expence in pursuing after one Jacob New-
ton a thief by order of the General Court, and procuring Witnesses;
the petitioner having apprehended the said Newton, and caused
him to be committed to the Goal in Cambridge.
[Read and]
Resolved that the Petitioner William Brown be allowed and paid
out of the public Treasury the Sum of Twenty pounds in full for
his time, horse hire, trouble, & expences for procuring the Witnesses
&c mentioned in the petition. \^Passed June 15.
CHAPTEK 36.
RESOLVE IMPOWERING HANNAH POMEROY, ADM^, TO JOIN WITH
ESTHER & EBENEZER POMEROY IN EXECUTING DEED OR DEEDS.
Legislative
Becords of the
Council, xxvi.,
35.
House Jour-
nal, p. 54.
A Petition of Ebenezer Pomroy and Esther Pomroy Admin"
of the Estate of Cap^ Elisha Pomroy late of Northhampton dec*^
with Hannah Pomroy Admin^ of the Estate of Cap' John Pomroy
late of Northampton dec*^ Setting forth That the Estate of the
[ 1 ST Se ss . ] Pro VI NCE L aws ( Resolves , etc.). — 1 7 6 5-6 H . 23
said Elisha being found insufficient to pay his Just debts, tlie said
Admin" had obtained power from tlie Superior Court to make Sale
of all his Real Estate: That his homestead with the Dwelling House
and other Buildings thereon, and also about Seven Acres of Land
in the meadow called Northampton Meadow is the most valuable
part of his Real Estate; that John Pomroy before mentioned was
interested one seventh part therein, but had received of the said
Elisha a valuable consideration therefor, yet had never given the
said Elisha any acquittance or Conveyance of the same : That the
Children of the said John are all Minors and incapable of making
such a Conveyance. And praying that the said Hannah as Admin^
aforesaid may be impowered to join with the admin" of the said
John in making a Conveyance of the premises.
Read and
Resolved that the prayer of the petition be granted, and that the
abovenamed Hannah Pomroy Admin'' on the Estate of John Pom-
roy deceased be and she hereby is impowered in the capacity afore-
said to join with the abovenamed Eben"' Pomroy and Esther Pomroy
in a Deed or Deeds of Conveyance of all the above mentioned Real
Estate to the purchaser or purchasers of the same, which Deeds
duly executed and Recorded shall be held & deemed sufficient in
Law to convey to such purchaser or purchasers as good a title to
the premisses, as if the said John deceased had conveyed the same
to them in his life time, and the abovesaid Minors shall be effectually
barred from demanding any right or title therein. \^Passed June 15.
CHAPTEK 37.
ORDER IMPOWERING JOSEPH COOLIDGE, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Joseph Coolidge of Watertown Guardian to Ephr"^ Legislative
Warren of said Town a person Non Compos Setting forth That councif xxvi^
when the petitioner was appointed Guardian as aforesaid on the 36.
30*'^ of March last, he found that the said Ephraim was indebted House Jour-
to sundry persons, some of whom had Svied him and obtained Judg- proving*'' ^^'
ment against him. That there is not personal Estate sufficient to ^ifa^^'/o'* ^^^'
satisfy said Judgments ; and praying that he may be impowered to
make Sale of a piece of pasture Land in Waltham containing about
three Acres, bounded on the South on Land belonging to the Heirs
of Josiah Sterne dec*^ and on the West North and East on the Land
of Jonas White ; the proceeds thereof to be applied for the payment of
the debts beforementioned.
Read and
Ordered that the prayer of the petition be so far granted that the
petitioner in his said Capacity be & hereby is impowered to sell the
within mentioned premises for the most they will fetch, and to make
and Execute a good Deed thereof in the Law, he observing the Rules
of Law for the Sale of Real Estates by Exec" & Admin" and giving
proper caution to the Judge of Probate for the County of Middle-
sex, that the proceeds coming by such Sale shall be applied to the
payment of the Just debts of the said Ephraim Warren, and the
Overplus, if any be, to be Secured for his use. \^Passed June 15.
24
Province Laws ( Resolves, etc.). — 1765-66. [ Chaps . 38,39.]
CHAPTER 38.
ORDER IMPOWERING ELIZ'^ GLEASON, AD>F, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records oi' the
Council, xxvi.,
38^
House Jour-
nal, p. 51.
Province
Laws, ii., 151,
chap. 10.
A Petition of Eliz^ Gleason Admin^ of the Estate of her late
Son Ezra Gleason of Princetown dec'' who died without Wife or
Child Setting forth That Phinehas Gleason deceased Father of
the s** Ezra by his last Will & Testament gave to the said Ezra all
his Estate upon condition that he maintained his Mother the Peti-
tioner during her natural life, and paid to his Brothers & Sisters cer-
tain Legacies amounting in the whole to £17.13.4 and did also
bring up his three younger Sisters till they should arrive to 21 years
of age for the performance of all which he gave Bond to the Judge
of Probate for the County of Worcester. That the said Ezra's Estate
was appraised at £-13.8.2 & the Real Estate given him by his Father
to £80 and that his own proper Debts amount to £25.5.2 besides the
obligations above mentioned, which he lay under. And praying tliat
she may be impowered to make Sale of the s** Real Estate in order
to discharge the Debts & Obligations above mentioned.
Read and
Ordered that the prayer of the petition be granted, and that the
Petitioner be & hereby is impowered to make Sale of the premises
for the most they will fetch, and to make & Execute a good Deed
or Deeds thereof in the Law; She observing the directions of Law
for the Sale of Real Estates by Exec" & admin" and giving due
caution to the Judge of Probate for the County of Worcester that
the proceeds coming by such Sale shall be applied for the payment
of the just Debts of the deceased and Legacies withinmentioned ;
and that the residue, if any be, be reserved & secured for the benefit
of the Heirs, excepting only the annual Interest thereof for the use
of the petitioner during her natural life. [^Passed June 17.
CHAPTEE 39.
ORDER IMPOWERING MARY BROWN, EXECUTRIX, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
38.
House Jour-
nal, p. 53.
Province
Laws, ii.,151,
chap. 10.
A Petition of Mary Brown Widow of Thomas Brown late of
Concord deceased & sole surviving Exec^ of his last Will & Testa-
ment Setting forth That by the AVill aforesaid the deceased gave
to the petitioner the Income of his Real Estate during life, and a
power to his Exec" to sell the same for her Support & maintenance
in case the Income thereof should be insufficient, only giving to his
two Granddaughters thirty five shillings. That the Petitioner is now
advanced in years and infirm, so that the Income of the said Estate
is not sufficient for her support ; and as her Coexecutor Abishai Brown
is now dead she cannot give a sufficient title to said Estate. And
praying that she may be impowered to Execute a lawful Deed of
conveyance of the whole or any part thereof.
Read and
Ordered that the prayer of the petition be so far granted, that
the Petitioner be and hereby is impowered to make Sale of the
[1st Sess.] Province Laws {Resolves^ etc.). — ITBo-OG. 25
premises or so much thereof as may be needful for her support,
and to make and Execute a good Deed or Deeds thereof in the
Law She observing the Eules & Orders of Law for the Sale of Real
Estates by Exec""" & Admin" and giving proper caution to the Judge
of Probate for the County of Middlesex that the proceeds arising
by such Sale shall be applied for her Support during her natural
life, and the residue, if any be, to be secured for the benefit of the
Heirs of the said Thomas Brown deceased. \^Passed June 17.
CHAPTEE 40.
ORDER IMPOWERING JACOB HASKELL, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Jacob Haskell & Zebulon Haskell both of Glouces- Legislative
ter Setting forth That Samuel Stone of said Glocester died about 5^??,':*|? °* **^^
•T !• 11 Tv/r- ITT Councu,xxvi.,
four years since Intestate, leaving two daughters Minors, the eldest 39^
being now about eleven years of age : That the said Jacob administred iiouee Jour-
on the Estate of the deceased, and took the Guardianship of the province
eldest daughter, and the said Zebulon the Guardianship of the Laws, u., isi,
younger. That the deceased died Seized of about % part of an
Acre of Land whereon is a Cellar and the frame of a small House
over it, and of about five Acres of Land about two Miles distant
in the Woods. That the said Frame will soon be rotten, the peti-
tioners having nothing in hand wherewith to finish it, and the five
acres of Land brings in nothing, whereby to enable them to do it.
And praying that they may be impowered to make Sale of the said
frame and Land; the produce thereof to be improved for the benefit
of the said Minors.
Read and
Ordered that the prayer of the petition be granted, and that the
said Jacob Haskell Admin'' &c be and hereby is impowered to sell
the within mentioned premises for the most they will fetch, and to
make & Execute a good Deed or Deeds thereof in the Law, he ob-
serving the directions of the Law for the Sale of Real Estates by
Exec''' or Admin''' and giving due caution to the Judge of Probate
for the County of Essex that the proceeds coming by such Sale
shall be improved for the benefit of the Heirs of the said deceased.
{^Passed June 17.
CHAPTER 41.
ORDER ADDING £25. 17. 1 TO DEERFIELD TAX FOR 1766.
In THE House of Representatives. Whereas the General Court Legislative
at their Session in June 1764 ordered that the Sum of Twenty five councif.xxvi^,
pounds seventeen shillings and one penny should be added to the 11:
Tax of the Town of Deerfield for the year 1765, being so much ^^°"^®69*^'
paid out of the Province Treasury to John Worthington and Joseph Province'
Hawley Esq"'' and Maj'' Benjamin Day a Committee of this Court note^xvii.%48,
to Settle the Line between Deerfield & Hunts Town &c chap'.ss.
And Whereas the Tax Bill for the current year passed this House
before said Order was taken notice of. Therefore
26
Province Laws {Resolves, etc.). — 1765-«j(3. [Chaps. 42, 43.]
Ordered that the said Sum of £25.17.1 be added to the Tax of
Deerfield for the year ITGG.
In Council, Kead and Concurred. [Passed June 18.
CHAPTEK 42.
Legislative
Records of the
Council, xxvl.,
41.
House .Jour-
nal, p. 45.
RESOLVE RELATIVE TO THE SETTLEMENT OF THE ACCOUNTS OF
MR. BOLLAN, AGENT.
In THE House of Eepresentatives. The House having exam-
ined the Accounts and demands subsisting between this Province
& the late M' Agent Bollan according to a state thereof by him
transmitted to them, and having considered the same.
Resolved, That in consideration of his many & faithful Services
during his Agency, and in order to make a final Settlement of all
Accounts & demands subsisting between this Province and him.
That in case the said M"" Bollan pay to the Treasurer and Eeceiver
General of this province or to any other order of this Province,
the Sum of Twelve hundred and Ninety three pounds, nine shil-
lings Sterling part of the monies of the Province now in his hands,
and shall acquit and discharge this Province from any further de-
mands against them ; that he be discharged from any further account-
ing for the residue of the same; and that all demands between this
Province and him be thereupon determined & cease.
In Council Eead and Concurred. [Passed June 18.
CHAPTER 43.
Legislative
Records of the
Council, xxvi.,
41. Mass.
Archives,
xxii.,445.
Mass.
Archives,
xxii.,373,374.
House Jour-
nal, \^. 39.
Supra, chap.
42.
RESOLVES RELATIVE TO THE SETTLEMENT OF THE ACCOUNTS OF
JASPER MAUDUIT, AGENT.
In the House of Representatives
The House have taken into Consideration M' Agent Mauduit's
accounts, and Letters relative thereto.
And it appears to the House, That his accounts are right cast.
They find in his Accounts three Articles of Commissions, amount-
ing in the whole to fifteen Hundred and fourteen Pounds Sterling,
Avhich the said Agent has received to his own Use, and is hereby
allowed.
They also find in his Accounts the article of Salary charged, but
carried out Blank.
Therefore
Resolved, That the further Sum of One Hundred Pounds Sterling
per annum, to commence at the Time of his taking the Agency
upon him, and to continue during his acting in that Capacity, be
allowed to the said Agent.
It also appears to the House, That by the last Accounts trans-
mitted by the Agent, there remained in his Hands due to the Prov-
ince, the Sum of fifty six Thousand three Hundred and thirty three
Pounds seventeen Shillings and six Pence Sterling.
Resolved further, That the said Agent be accountable for the Sum
of Fifty six Thousand three Hundred and thirty three Pounds seven-
[IsT Sess.] Province Laws {Resolves, etc.). — 1765-6G. 27
teen Shillings and six Pence aforesaid, except the foregoing allow-
ance of one Hundred Pounds a Year.
In Council Bead & Concurred. [Passed June 18.
CHAPTER 44.
VOTE CONFIRMING A PLAN OF THE TOWN OF HUNTSTOWN.
A Plan of the Township of Huntstown taken by Eleazer Nash Legislative
Surveyor & Chain men on Oath bounded as follows viz*' begining councif, xxvif,
at a Maple Staddle & heap of Stones marked thus R which stands ^li
in Deerfield West line 420 perch from their South west corner on ^°"^®-o"''"
the course North 19° East and from the aforesaid Maple runs North ProViiice
19° East 2,180 perch to a Hemlock tree marked R «& a heap of notl;'.xvii.!fo2,
Stones, thence West 17 North 650 perch, thence West 3° South 1,615 ^''^i'- I'^s. '
perch to Hatfield Grant, the same being Mayhews Northeast corner,
thence South 1,050 perch, thence East 22° South 1,714 perch &
closed to the first boundary contains 23,040 Acres Surveyed August
1. 1764, one Eod in thirty allowed for Sag of Chain.
Voted That the said plan be accepted, and the Lands therein
delienated & described be confirmed to the proprietors of the said
Huntstown their Heirs and Assigns : provided it does not exceed
the quantity of their Grant, nor interfere with any former Grants.
[Passed June 18.
CHAPTER 45.
RESOLVE IMPOWERING PHILi" GODFRID KAST, GUARDIAN, TO SELL
LAND AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Philip Godfrid Kast Guardian to his Son Thomas Legislative
Kast a Minor of the age of 14 years Setting forth That his said counc'if xU^^
Son stands seized in fee of a small piece of Land at the Northerly 44.
part of Boston, which descended to him on the death of his Grand- House Jour-
father M"" Joseph Procter deceased ; that there is on s"^ Land an old provmce
house which no person hath been able to live in for some years past, Laws, ii., i5i,
and that he hath not wherewithal to repair it ; that he hath now '^ ^^'
an opportunity to sell it to the advantage of the said Minor. And
praying that he may be impowered to sell the same accordingly.
[Eead and]
Resolved, That the prayer of this petition be granted, and that
the petitioner Philip Godfrid Kast be & hereby is fully authorized
& impowered to make Sale of the Land and premises mentioned in
said petition, and to Execute a good Deed thereof in Law ; observ-
ing the directions in the Law for the Sale of Real Estates by Exec"
& admin" and giving sufficient caution to the Judge of Probate for
the County of Suffolk, that the Money arising by the Sale thereof
be put out to Interest on good security, and that the principal &
Interest be paid to Thomas Kast the minor, when he shall arrive
to the age of twenty one years. [Passed June 18.
28
Pkovinoe Laws {Resolves, etc.). — 1765-66. [Chaps. 46, 47.]
CHAPTER 46.
ORDER CONFIRMING THE PROCEEDINGS OF THE SELECTMEN OF THE
TOWN OF BELLINGHAM AND IMPOWERING THEM TO CALL A MEET-
ING FOR THE CHOICE OF TOWN OFFICERS.
Legislative
Records of the
Council, xxvi.,
9,45.
Legislative
Records of the
Council, xxvi.,
23. House
Journal, pp. 15,
5.5, 56, 74.
Province
Laws, i., 64,
chap. 28.
A Petition of Caleb Phillips and a great number of others In-
habitants of the Town of Bellingham Setting forth That at a very
full meeting of the Town at their annual Meeting on the 6^'' day
of March last, they made choice of most of the Town officers &
adjourned to the IS**" of said Month. That on the 15"" of said March
all the proceedings of the 6"" were overthrown, and a new set of
Town officers chosen by a small majority, whereupon nineteen of
the Inhabitants present entered their Dissent; all which Elections
made on the 15"' they apprehend to be illegal. And praying that the
first Meeting and the proceedings had thereon may be established;
and that they may be enabled on some future day to proceed to the
choice of such officers as then remained to be chosen, and to the
doing of other things necessary business.
The Committee appointed on the petition of sundry Inhabitants
of Bellingham having made Ecport, tlie following Order passed
viz*.
Eead & Accepted : and thereupon
Ordered that the choice of the Selectmen & other Town Officers
at the annual Meeting of the Town of Bellingham on the sixth of
March last was legal, and that the proceedings of the said Town at
said Meeting be held good and valid to all intents and purposes
whatsoever, and that the Town Officers so chosen, after tliey have
been duly Sworn be accounted in said Town the said officers for
the current year: And that the Selectmen so chosen be, and hereby
are impowered to call a Meeting of the Inhabitants of said Town,
qualified by Law to vote in Town affairs to assemble and meet in
order to choose all such other Town Officers that were not chosen
on said Sixth of March as fully as Towns are by Law required to
choose in the Month of March annually: and the persons so chosen
shall be the officers for said Town, and sliall have the same power
and authority as if they had been chose on the 6*'^ of March afores*^
the time for choosing Town officers being elapsed notwithstanding.
{^Passed June 19.
CHAPTER 47.
RESOLVE IMPOWERING PROPRIETORS OF TOWNSHIP N" FOUR TO SELL
SUCH PORTION OF THEIR LANDS AS MAY BE NECESSARY.
Legislative
Records of the
Council, xxvi.,
36. Mass.
Archives,
cxviii., 94.
Mass.
Archives,
cxviii., 93.
House Jour-
nal, pp. 43, 44,
59. Province,
Laws, v., 1002,
note; xvii.,242,
chap. 50.
A Petition of Noah Nash of Hatfield in behalf of himself and
Associates who in the year 1762 purchased of the Government a
Township called N° 4 Setting forth That they have laid out near
one half the Township in Lots, cut a Road through it, made Bridges
and done considerable Labour on said Lots; but that they are not
able to make Grants of any part of said Lands to forward the Settle-
ment or to enforce the payment of Taxes that have been agreed
on : That the great opening of Townships in the Governments of
New York and New Hampshire, and the extreme Scarcity of Money
in the Country makes it more difficult for them to comply with the
[1st Sess.] Province Li aw s (liesolves, etc.). — 1765-0(1. 29
terms of payment and of Settlement than they expected. And pray-
ing that they may bo indulged with further time: and that they
may be enabled to raise money and grant Lands in order to a speedy
Settlement of the s*^ Township.
Read and
Resolved that the Pet" and his Associates be and hereby they are
impowered to dispose of and convey such part of the lands in the
Township mentioned as may be necessary effectually to bring for-
ward the speedy Settlement of the same, and that the proceedings
of the Prop" of said Township at their several Meetings be and
they are hereby ratifyed and confirmed, and said Prop" are further
impower'd to call Meetings and transact the affairs relative to said
Township as the Prop" of other new Townships by Law are impow-
ered. And that the Province Treasurer be directed To forbear put-
ting in Suit the Bonds given for the purchase of said township for
the term of two years they paying the Interest due thereon annu-
ally. \_Passed June 20.^
CHAPTER 48.
RESOLVE IMPOWERING JOHN FOWLER, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of John Fowler of Suffield Admin'' of the Estate of Legislative
John Fowler late of Suffield Yeoman deceased Setting forth That councif, xxvi.,
the deceased had obliged himself by his Bond dated 4 Feb^ 1749 iL
to one David Smith of Suffield in the penal Sum of £150 condi- ^^7^f ^P'"''-
tioned that within 15 years from the date thereof he would convey Province'
to the said David & his Heirs the South half of the home lot on dfapf'io.'' ^"^'
which the deceased then dwelt containing eighteen Acres, together
with the East half of his then Dwelling house & one half of about
twenty Acres of Land lying on the West side of the Country road
and a little Westward from the said home lot; or that he would
within the forementioned time pay to the said David the full value
thereof with lawful Interest. That the said Bond is now in force,
and no personal Estate of the deceased has been nor now is in the
hands of the petitioner sufficient to Answer said Obligation. And
praying that he may be impowered to make Sale of the said moiety
of the messuage and Tracts of Land aforementioned in order to
satisfy the said Bond.
[Read and]
Resolved that the petitioner before named be, and he is hereby
impowered to make Sale of the Lands in the condition of the Bond
referred to, mentioned, said Lands lying in Springfield in the County
of Hampshire, for the most the same will fetch, at public Vendue,
he first giving notice of said Sale and conforming therein to the
directions of the Law of this Province for the Sale of Lands by
Exec""' & Admin", and giving Bond to the Judge of probate for said
County of Hampshire to improve the proceeds of said Sale for the
purpose in said petition mentioned, and to account with him there-
for when required. \^Passed June 20.
• This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is June 15.
30
Province Laws {Resolves etc.). — 1765-60. [Chaps. 49, 50.]
CHAPTEE 49.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
NATH"- GOODWIN FOR A RE-TRIAL OF AN ACTION.
Legislative
Records of the
Council, xxvi.,
48.
House Jour-
nal, p. 73.
A Petition of Nathaniel Goodwin of Plymouth Setting forth
That at the Inferior Court of Common pleas holden at plymouth
in April 1764 he entered into a Eule of Court, and left the deter-
mination of three Causes and all demands then subsisting between
him & M' Thomas Crandon of said plymouth to James Russell Esq'
M' Thomas Gray & M'' Jon"^ Williams, who appointed the hearing to
be at Boston on y'^ 2*^ day of April last ; at which time the petitioner
was on a bed of Sickness & his disorder lying chiefly in his head,
he was then incapable of communicating his Ideas, and M'' Crandon
alledging that he was bound to Sea urged the referrees to come to
a hearing: That at the adjournment of the said Court on the 20*''
of May the referrees reported that the petitioner pay to the said
Thomas Crandon £372.3.3 and that the Costs be paid in equal parts
between them. That the petitioner was still incapable of attending,
and the Superior Court being at that time also Sitting, liis Council
was so engaged there, that neither could he attend to make a reply
to said Report. That on the 1*' of this Instant June the petitioner
hath received from Lisbon an Account of a grand fraud in the matter
in controversy; and the referrees have certified that it would have
had weight had it come to their knowledge in Season. And praying
that he may have a fair trial of the case by a Jury, or that all the
said Causes may be recommitted to the said Referrees, or to other
persons who may be named for the purpose and that Execution may
be stayed in the mean time.
Read and
Ordered that the petitioner serve the Adverse party Thomas Cran-
don with a Copy of tliis petition, that he shew cause if any he hath,
on the first Tuesday of the next Session of this Court, why the
prayer thereof should not be granted, and Execution is stayed in
the mean time, provided the petitioner give security to the Sheriff
of the County of Plymouth to pay Avhat Sum shall finally be due
with Interest from this time. [^Passed June 20.
CHAPTEE 50.
RESOLVE IMPOWERING JANE MORGAN, EXECUTRIX, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
48.
House Jour-
nal, p. 71.
Province
Laws, 11., 151,
chap. 10.
A Petition of Jane Morgan Widow and Exec^ of the last Will
& Testament of Moses Morgan late of Groton deceased Setting
forth That the said Moses Morgan died Seized of about twenty
Acres of poor Land with a small old House standing thereon;
and the deceaseds debts amount to more than double the value of
his personal Estate and to the near value both of Real & personal
together. And praying that she may be impowered to make Sale
of said House & Land, that she may be enabled to pay the said
deceaseds Debts; she to be accountable.
Read and
[1st Sess.] Puovince Laws (^Resolves, etc.). — 17()5-Gf>. "31
Resolved that the prayer of the Petition be granted, and that the
said Jane Morgan as Exec'' to the last Will and Testament of Moses
Morgan is hereby fully authorized and impovvered to make Sale of
all the Real Estate of the said Moses Morgan lying in the Town
of Groton in the County of Middlesex for the most it will fetch,
and make and Execute a good Deed or Deeds to the purchaser
thereof, observing the directions in the Law for the Sale of Real
Estates by Exec'" & Admin'" and giving sufficient caution to the
Judge of Probate for the County of Middlesex that the money aris-
ing by the Sale thereof shall be applied to the discharging the just
debts of the said Moses Morgan, and the residue if any there be
secured for the benefit of the Heirs of the said deceased. [Passed
June 20.
CHAPTER 51.
ORDER ALLOWING £4 TO JABEZ CARTER.
A Petition of Jabez Carter of Woburn Setting forth That LegisiatiTc
1 . ,, r\ 1 J? r\ J! •^• L- • it i Records Of the
having the Command or a Company oi militia m obedience to an council, xxvi.,
Act of this province to furnish one half of the Militia with Bayo- ArcMvefg^'
nets, he ordered a number of Arms to the Smith's in order to be ixxx.. 5^0'.
fitted therewith but that it so happened before they were all fin- Mass.
ished, the Smith's Shop was consumed by fire, and three of the jtx'x!7586.
said Guns destroyed; that the Men are not well able to bear the ^aTr/se":?
loss, and as it was occasioned in manner as above mentioned, pray- Province
ing an allowance. ^ifap^'ia " ''"
Read and
Ordered that the Sum of four pounds be paid out of the publick
Treasury to the Pef for the use of the Sufferers in full. [Passed
June 20.
CHAPTER 52.
ORDER SUSPENDING THE PROVINCE TAX ON THE TOWN OF GORHAM
FOR THE YEAR 1764 AND ADDING THE SAME TO THEIR PROVINCE
TAX FOR THE YEAR 1766.
A Petition of the Selectmen of Gorham praying that in con- Legislative
sideratiou of their losses the last year by Fires &c it will be very coJ^Qpff x^vf®
difficult for them to pay their Province Tax; that they are now 5o. Mass.'
about Settling a Minister, which will bring a considerable charge ^"^m^^li.
upon them. And praying that their Province Tax for 1764 may be '^^^,
abated them. Archives,
■r, T T CXVlll., 91.
Read and House Jour-
Ordered that the Province Tax laid on Gorham [for] ' the Year ^gi'- pp- 20, 21,
1764 be suspended And that the same be added [to] ' their Prov-
ince Tax in the Year 1766 and the Treasurer is directed not to Issue
his Execution ag'^ said Town in the mean time. [Passed June 20.
* Inserted from Legislative Records of the Council, xxvi., 50.
32
Province Laws {Resolves, etc.) . — 1765-66. [Chaps. 53-55.]
CHAPTEK 53.
ORDER ALLOWING £9. 16. 8 TO BENJ^ KIMBALL.
Legislative
Records of the
Council, xxvi.,
50. Mass.
Archives,
lxxx.,566.
Mass.
Archives,
Ixxx., 565.
House Jour-
nal, p. 56.
A Petition of Benj* Kimball of Ipswich praying an allowance
for one month & 26 days Wages as a Lieutenant in the pay of the
province in 1759 when he Served at Louisbourgh in Cap* Davis's
Company under Col° Bagley, representing in his said petition, that
he hath been absent at Sea the greater part of the time since his
discharge, which hath prevented his applying sooner.
Eead and
Ordered that the Sum of nine pounds Sixteen Shillings and eight
pence be paid out of the publick Treasury to D" Calef for the use
of the Pet' in full. \^Passed June 20.
Legislative
Records of the
Council, xxvi.,
51.
House Jour-
nal, p. 82.
Province
Laws, xvii.,
60S, chap. -l-iT.
CHAPTER 54.
ORDER ALLOWING £20 TO JOHN COTTON, DEPUTY SECRETARY.
A Memorial of John Cotton representing his Services as Deputy
Secretary, and obviating some exceptions which he apprehends had
influenced the Court to lower his allowance from One hundred &
eighty pounds a year to One hundred pounds only, for the last year,
declaring that he hath not received a single farthing out of the
Treasury for writing done in the office for the whole four years he
has been in it; but that the whole of his Services have been included
in the annual Grants made him by the Court; And praying a further
allowance for the last year.
Read and
Ordered that the sum of Twenty pounds be paid out of the pub-
lic Treasury to the Memorialist for his services within mentioned.
\^Passed June 20.
CHAPTER ^5.
ORDER ALLOWING £9 TO EBEN'' SHELDON.
Legislative
Records of the
Council, xxvi.,
51. Mass.
Archives,
Ixxx., 568.
Mass.
Archives,
Ixxx., .567.
House Jour-
nal, pp. 74, 80.
A Petition of Ebenezer Sheldon of Bernardstown Setting
forth That in the former War which commenced in 1744 there
was no other family but his that would venture to continue in that
exposed plantation, and that during the War one of his Sons was
killed at his door: That he likewise kept his post throughout the
last War and built a Fort there which cost him £34.13.4 of which
sum the Government have allowed him only £12. That in 1757 he
had another Son who was taken Captive by the Enemy at Lake
George, and sent to France where he died in Prison, And praying
an allowance.
Read and
Ordered that the Sum of Nine pounds be paid out of the publick
Treasury to M' Ashley for the use of the Pef in full for the Ser-
vices and sufferings within mentioned. \^Passed June 20.
[IsT Sess.] Province Laws (Resolves, etc.). — 1765-66. 33
CHAPTER 56.
RESOLVE EXPLAINING VOTES IN REGARD TO PARISHES IN FALMOUTH.
Whereas by a Resolve of this Court made and passed on the Legislative
15'" of February last, a tract of Land in Falmouth in the County ^^;i^e|f_ ^'xl*!!",
of Cumberland was erected into a Parish by the bounds therein ^'i.
mentioned, with liberty for all those persons who have left their Legislative
names with the first parish in Falmouth agreable to a Vote of the counclf, x^x'^v .*!
first parish March 28"' 1764 be of the first & fourth parishes respec- jo*^ijn"J*"^®
tively according to said Vote. pp. 240, 241
And whereas it was the intention of the i765)'I"ppf75,
Resolve aforesaid that all those persons who should give in their 76- Province
names before the 28*^'' of March 1765 to the Clerk of the first parish, 6i4rciiiii7. 242.
should be of the first & fourth parishes respectively.
Therefore Be it further
Resolved^ That all those persons who gave in their names within
the time limitted by the Vote aforesaid of the said First parish in
Falmouth, be with their Estates of the first and fourth parishes
respectively, any thing in the first Resolve to the contrary notwith-
standing. \_Passed June 30.
CHAPTER 57.
ORDER ALLOWING LAW BOOK TO GORHAM. Legislative
Records of the
Ordered that the Town of Gorham, be provided with the province 52.
Laws at the Public charge. \ Passed June SO. House Jour.
■- nal, p. 81.
CHAPTER 58. ^^^*^'1*^%.
Records of the
Council, xxvi.,
RESOLVE ALLOWING £1,000 TO THE COMMITTEE ON REBUILDING HAR- Arch^ves^,'
VARD COLLEGE. Iviii., 547.'
House Jour-
Resolved That the Sum of one Thousand pounds be paid out of prov-nce'
the Publick Treasury to the Committee appointed to rebuild Har- Laws, xvu.,
vard Colledge to Enable them to proceed in that affair, they to be 574; chap! iti!
accountable. \_Passed June 20.
CHAPTER 59.
RESOLVE ALLOWING £450 TO THE COMMITTEE FOR CONFERENCE WITH
THE OTHER GOVERNMENTS.
In the House of Rep"®^ Legislative
Whereas the House at their present Session made choice of couucif.xxvi.,
James Otis Oliver Partridge and Timothy Ruggles Esq" their Com- f^cwves.'vi.,
mittee to meet the Committees from the houses of Representatives 296.
34
Province Laws {Resolves, etc.). — 1765-0(5. [Chaps. GO, 01.]
or Burgesses in the several Colonies on this Continent that may be
convened on the first tuesday of October next at New York There-
fore
Resolved that there be granted and paid out of the publick Treas-
ury to the said Committee the Sum of four hundred and fifty pounds
to enable them to discharge the important Trust to which they are
appointed. They upon their return to be accountable for the same.
In council read and Concurred.' [^Passed June 20.
CHAPTER 60.
ORDER IMPOWERING GAWEN BROWN, GUARDIAN, TO JOIN WITH OTHERS
IN SALE OF REAL ESTATE AND MAKING PROVISION IN REGARD TO
THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
53.
House .Jour-
nal, p. 83.
Province
Laws, li., 151,
chap. 10; xvii.,
287, chap. 142.
A Petition of Gawen Brown of Boston, Guardian to his Son
Mather Brown a Minor Setting forth That the said Minor in
right of his deceased Mother is interested in a Lot of Land of
about One hundred feet square fronting on Oliver Street in said
Boston: that the s.^ Minors share is only five feet nine Inches in
front, and that the other parties interested in the said Lot are about
Selling their Shares: and inasmucli as they mny be prevented in their
proposed Sale were this small proportion of the whole to be retained,
and it can never be of any use to the minor to keep it, jjraying that
he may be impowered as Guardian afores'* to join in y' Sale.
Read and
Ordered, That the Petitioner Gawen Brown in his Capacity of
Guardian to Mather Brown a Minor be, and he hereby is authorised
and impowered to join with the other Heirs of Anna Byles dec*^ in
the Sale of the said Minors Interest in the Land mentioned in the
petition, and in Executing a Deed of the same; He observing the
directions of the Law respecting the Sale of Real Estates by Exec-
utors & administrators and giving sufficient caution to the Judge
of Probate to account for the proceeds of the Sale of the said minors
Interest in s*^ Land according to Law. \^Passed June 21.
CHAPTER 61.
ORDER ACCEPTING REPORT OF COMMITTEE FOR READJUSTMENT OF
DOWER IMPROPERLY SET OFF.
Legislative
Records of the
Council, xxvi.,
13,54.
Legislative
Records of the
Council, xxvi.,
19, 44. House
Journal, pp. 24,
.39, 40, 72, 73, 85.
Province
Laws, xvii.,
291, chap. 152.
A Petition of Rachel Thayer of Mendon Admin^ of the Estate
of Samuel Thayer late of Mendon deceased Setting forth That
in the Division of the said deceaseds Estate to and among the
Heirs, there was divided and set off to Abner Thayer of Providence
in right of his Wife Silence, Seventy Acres of Land in Mendon;
since which one Samuel Thayer the 3*^ of said Mendon hath, in a
due course of Law recovered the possession of said Land against the
said Abner and Silence whereby they are deprived of their equitable
proportion of the said Samuel Thayer's Estate, it now appearing
that he was not lawfully Seized of the said 70 Acres. That there
' Not found in the House Journal.
[1st Sess,] Province Laws (lie.solves, etc.). — ITfiS-fW). 35
are fourteen Heirs, some of whom are poor and have Sold tlieir
shares, and others appear unwilling to refund, and tliat a new Divi-
sion is impracticable. And praying in order that Justice may be done
to the said Abner and Silence, that so much of the Lands as was
set off to her the said Rachel as her right of Dower in the said
Samuel's Estate may be set off to them, as shall be deemed equal
to the Lands lost by them as aforesaid.
The Committee appointed the 10"' Instant on the petition of
Rachel Thayer having made Report, the following Order passed
thereon, viz'
Read and accepted : And thereupon
Ordered that the Judge of Probate for the County of Worcester
be directed to make out his Warrant to five Freeholders in said
County to apprise on oath and to set off out of the Real Estate of
Sam' Thayer deceased, of that part which is the Widow Rachel
Thayer's Dower in said Samuel's Estate, so much thereof as will
make up to the said Abner & Silence his Wife the loss of said Sev-
enty Acres of Land; and their Return being made to the said Judge
and accepted by him, shall be in full to quiet the said Abner &
Silence for the loss of said Lands, and in the final Settlement of
said Widows dower, regard shall be had to the Setting off the Land .
abovesaid so as to divide to and among the Heirs of said Samuel
Thayer only the remainder of the Widows Dower. [Passed June 21.
CHAPTEK 62.
ORDER ALLOWING £90 WITH INTEREST TO CHA. HARRISON.
A Memorial of Charles Harrison Esq'' Setting forth That he Legislative
purchased at Philadelphia ten Notes of £9 each, issued by the Treas- counc'if xxl^i^
urer of this Province dated 30''' May 1760, and endorsed by Royall 56. Mass.'
Tyler Esq"" payable with Interest on or before the 20"' June 1764 but ^^fi^'^es, civ..
that upon presenting them to the Treasurer he was informed that '^^i^_
by an Order of this Government the Interest had ceased 31^* Ocf Archives, civ.,
1762. That he then living at Philadelphia was ignorant of the said Journal, pp. 79,
Order, and did not imagine that he had a right to demand payment Laws'ivTIsTe,
till after the 20''' of June 1765. And praying that he may be allowed chap. 6; 625,
Interest accordingly
Read and
Ordered that the Sum of Ninety pounds be paid out of the jjub-
lick Treasury to the Memorialist being the principal of the notes
with in mentioned. and the Interest that shall appear due on
the same till the 20"' of June 1764. [Passed June 21.
CHAPTER 63.
RESOLVE IMPOWERING THE SELECTMEN OF THE TOWN OF LEXINGTON
TO RETURN HAMILTON HUSSEY TO HIS NATIVE COUNTRY.
A Petition of William Reed Esq"" of Lexington in behalf of the Legislative
said Town praying the Order of this Court with regard to one Ham- councif xxv^^
ilton Hussey a stranger, now resident there, who by Reason of Lame- 57.
ness is unable to do anything towards his own Support. House Jour
•^ ^ ^^ nal,p.87.
36
Province Laws {Resolves, etc.). — 1765-66. [Chaps. 64, 65.]
Ante, p. 16,
chap. 22.
[Read and]
Resolved in Answer to this petition that the Selectmen of the
Town of Lexington be, and hereby are impowered to procure for
Hamilton Hussey a passage to his Native Country so soon as he
may be in a condition to undertake the Voyage and that they lay
the Expence thereof before this Court. [^Passed June 21.
CHAPTEE 64.
ORDER IMPOWERING MICHAEL BACON, GUARDIAN, AND LYDIA BACON,
ADM^, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD
TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
57^
House Jour-
nal, p]). 83, 88.
Province
Laws, ii., 151,
chap. 10.
A Petition of Michael Bacon of Needham Guardian of Sarah
Bacon only surviving Child of John Bacon late of Natick deceased
& of Lydia Bacon Relict Widow of the said deceased & Admin^ of
his Estate Setting forth. That the said John Bacon died Seized
of a Dwelling house & Barn, and a Corn Mill & Saw Mill and about
one Acre of Land near Natick Bridge. That the Saw Mill will soon
come to ruin unless it be rebuilt, and the other Mill will want Re-
jiairs, and that she the said Widow expects to have her Dower set
off in another House & Land at some distance from the Estate before
mentioned. Therefore praying that they may be impowered in their
said Capacities to sell the Land and Buildings thereon, first men-
tioned for the benefit of the Child, a Minor.
[Read and]
Ordered that the prayer of the petition be Granted: And the peti-
tioners Michael Bacon and Lydia Bacon be and hereby are impow-
ered 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 they
observing the directions of Law for the Sale of Real Estates by
Executors «& administrators, and giving sufficient caution to the
Judge of Probate for the County of Middlesex that the money aris-
ing by such Sale shall be put to Interest and well Secured for the
benefit of y*^ Heir. [^Passed June 21.
CHAPTER Q5.
Legislative
Records of the
Council, xxvi.,
59. Mass.
Archives,
Ixxx., 585.
House Jour-
nal, pp. 68, 87.
Province
Laws, xvii.,
6;i3, chap. 280;
634, chap. 281.
RESOLVE ESTABLISHING WAGES AT CASTLE WILLIAM AND FORTS
POWNAL AND HALIFAX AND STORE HOUSE AT CUSHNOC.
Ue^olvd
That the Establisment of Castle William, & That, for Fort Pow-
nall be, & remain for y*^ present Year, as they were the last Year And
that the Establishm* of Fort Hallifax, together with y^ Storehouse
at Cushnoc, Consist of
One Lieut' @
One Gunner @
Two sergeants each .......
Thirteen privates each ......
And that His Excell^" the Gov' be desir'd to give orders for the
Discharge of all others at those Posts. [Passed June 21.
» The House Journal, p. G8, reads, "Each £1. 10. per month."
£.3
t> month
£3.
Pdo
£2.
10. t> mo>
£1.
4 P mo
[1st Sess.] Province Laws {Resolves, etc.). — 17<i5-(j0. 37
CHAPTER 66.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK
COUNTY.
The Account of Joshua Ilenshaw Esq"" Treasurer for the County Legislative
of Suffolk, having been laid before the Court for their allowance councu xxvu,
the following Order passed thereon, viz'' ^^-
Read and House Jour-
Resolved That the within Account (being right cast and well '^^^•pp-"'^^-
vouched) be allowed: And that the Treasurer be discharged of the
Sum of Two hundred and thirty five pounds, fourteen shillings and
three pence, which he has paid by order of the Court of Sessions,
and that balance of the Sum of Three hundred and Eighty five
pounds, five shillings and ten pence still remaining due to the
County, and is outstanding [in] ' the hands of several Constables,
he be further accountable for, when by him received. \^Passed
June 22.^
CHAPTER 67.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLE-
SEX COUNTY.
The Account of James Russell Esq"" Treasurer for the County Legislative
of Middlesex, being laid before the Court for their Allowance, the c^unclf xxiv^
following Order passed thereon viz* 55.
Read and House Jour-
Resolved^ that the within Account (being right cast and well ^'''•pp-i*'''^-
vouched) be allowed; and that the Treasurer be discharged of the
Sum of One hundred and eighty nine pounds, ten shillings & eleven
pence half penny which he has paid by Order of the Court of Ses-
sions; and that a balance of the Sum of One hundred and Sixty
three pounds, sixteen shillings & ten pence half penny still remain-
ing due to the County, and is outstanding in the hands of several
Constables, he be further accountable for when by him received.
{Passed June 22.'
CHAPTER 68.
RESOLVE DIRECTING THE PROVINCE TREASURER NOT TO PROSECUTE
CERTAIN BONDS.
Resolved, That the Treasurer be directed not to prosecute any Legislative
persons who have given Bonds to him for payment for any Lands couScif xxvl
purchased of the Government West of Connecticut River within 59.
the term of two years from this time unless the General Court House Jour-
should otherwise order; or unless some one or more of the Obligees province
in any Bond shall desire the same may be put in suit sooner, \^Passed \^\^^^h-
June22. '*" ''^'" "
' Inserted from the House Journal, p. 91.
" This date is according to the House Journal; according to Legislative Records of the
Council the date is June 21.
38
Province Laws {liesolves, etc.). — 1765-G6. [Chaps. G9-71.]
CHAPTER 69.
RESOLVE DIRECTING REPAIRS TO BE MADE TO SHIRLEY BATTERY.
Eesolvd
That it is necessary that the Eepair of Shirley-Battery, mention'd
Legislative
Records of the
Council, xxvl.,
60. Mass.
Archives,
Ixxx., 586.
Legislative
Records of the
Council, xxvi.,
journai"pp. 13, ^^ ^^^^ Excell'' Message should be made, and that the same be done
14, 87, 88,' 89. ' with Stone, and the Comittee for y^ Repairs of y^ Castle are directed
chup'.i." * to gett s^ Repairs made with stone in the best, & Cheapest Manner
thay Can. [Passed June 22.
CHAPTER 70.
RESOLVE IMPOWERING THE TOWN OF PLYMOUTH TO RAISE £200.
Legislative
Records of the
Council, xxvi.,
60. Mass.
Archives,
cxviii., 131, 137.
House Jour-
nal, pp. 17, 18,
44,45 (1764);
p. 90. Prov-
ince Laws, iv.,
868, note; xvii.,
526, chap. 35.
The Committee appointed by the Gen' Court in June 1764 to
view Plimouth Beach and to report their opinion of the Cost of
repairing & Securing y^ same have attended that service viewed the
premisses and report that tis their opinion unless measures are soon
taken for securing sd Beach there is very great danger that Plimouth
Harbour and the Harbour between the Gurnet & Beach point will
be both ruined. The Costs of sd repairs we apprehend will be very
considerable and at least double the sum already granted by the
Province We are also of opinion that it is reasonable the Town of
Plim° should be at one half ye Costs of such repairs:
James Otis <gj order
[Read and]
Resolved that the Town of Plimouth Raise the Sum of two hun-
dred pounds which Sum together witli the two hund'' pounds granted
by this Court in June last and now in the hands of Thomas Foster
Esq"' be immediately apply'' to the Repairing the Harbour of Plim-
outh iigreable to Such Directions as Trustees appointed by the Said
Town Shall think proper and in Case the Town Refuse to Raise
the Said Sum then that Thomas Foster Esq'' pay into the province
Treasury the Aforesaid Sum of two hundred pounds on or before
the Second Monday of the next Session of this Court and in Case
the Said Sums of four hundred pound Should be more than suffi-
cient for the Aforesaid purpose then the Town and province money
be payd in Equall proportion and the Surplussage of the two hun-
dred pounds be Returnd into the province Treasury and that
the Sd Trustees keep a fair Acco*^ of all Expences & make Return
to this Court as soon as the work is compleat or wlien the Court
order such Account to be Rendred. [Passed June 22.
CHAPTER 71.
RESOLVE GRANTING 5,500 ACRES OF LAND TO AARON WILLARD AND
ASSOCIATES TO MAKE GOOD A DEFICIENCY.
Legislative A. PETITION of xiaroii WiUai'd of Lancaster in behalf of himself
Council, xxvi., t& Associates in the purchase of the new Township N° 3 lying in
^ the County of Hampshire Setting forth Tliat two thousand five
[1st Sess.] Province Laws {Resolves^ etc.). — ITGS-^W;. 39
hundred thirty seven Acres of the Land supposed to have been nouseJour-
Grantcd them is cut off from said Township & taken into the J,^> {'.'rojji^'
Township N" 9 owing to a mistake of the Northeast corner of the ^'^"'f • .^:^'b
Township N" four and arising from an addition made to the Orig- '^ '^^"
inal Survey & plan of said W 4: by means whereof the said pur-
chasers are in want of such part of their Lands, and thereby
reduced to additional disadvantages in regard to their purchase.
And praying that they may have such remittance out of the orig-
inal price of &^ Township or have such additional Grants as may
be thought a reasonable compensation for such deficiency, and
otherwise relieved under the disadvantage and difficulty aforesaid.
Kead & Considered, And thereupon
Resolved^ That the quantity of Five thousand and Five hundred
Acres of Land to be taken up in the unappropriated Land of the
Province, be granted to the said Aaron Willard and his associates,
purchasers as aforesaid, in consideration of the deficiency of the
Lands within mentioned, and of the damages to the Petitioners
consequent thereon. \^Passed June 22.
CHAPTER 72.
RESOLVE WITH NOTICE AND STAY OF PROCEEDINGS ON THE PETITION
OF THE TOWN OF BOXFORD IN REGARD TO A HIGHWAY.
A Petition of John Hale and Asa Perley a Committee of the Legislative
Town of Boxford Setting forth That upon a petition to the counclf, xl vu
Court of Sessions held for the County of Essex in July 1760 for 6i. Mass.
the laying out of a private way, a Committee was appointed for cxxL^isi.
that purpose, who accordingly laid out the same, and the Sum of ^^\^,
£154.3/ was assessed on the Town of Boxford in part of the dam- ^^|"\||'
ages thereby sustained by certain Individuals. That upon a care- House Joiir-
ful Search of the Eecords they have within days past found that province
in the year 1686, a way was laid out in or near the same place, ,^^T^' ^'^Jl.y
which was formerly improved as such, and ought to have been con-
tinued. That six of the persons who were by the Committee afore-
said allowed damages have brought their Actions against the said
Town of Boxford, one of which brought by Jacob Gould as Heir
to John Gould is now pending in the Superior Court and the other
five under continuance to July next. And praying that the next
Court of General Sessions of the peace for the County of Essex
may be impowered to cause a revisal of said assessment on the
Town of Boxford, and that all proceedings on the said actions may
be stayed in the mean time.
[Eead and]
Resohied that the Petitioners Serue Jacob Gould as Heir to John
Gould Ebenezer Curtis Nathaniel Symonds William Eills John
Killam & Jonathan Town, with a Coppy of this Petition and that
they Shew Cause if any they have on the Second Teusday of the
Next Setting of this Court why the prayer of Said Petition Should
not be granted and that all Proceedings upon the Six Actions Men-
tioned in Said Petition be Stay*^ in the Mean time. [^Passed June 22.
40
Province Laws {Resolves, etc.). — 1765-66. [Chaps. 73, 74.]
CHAPTER 73.
Legislative
Records of the
Council, xxvi.,
10, 62.
Legislative
Records of the
Council, xxvi.,
f)l. House
Journal, pp. 21,
81, 93.
ORDER OF NOTICE WITH STAY OF EXECUTION IMPOWERING WILLIAM
HOLLAND TO BRING FORWARD A WRIT OF REVIEW.
A Petition of William Holland of Boston setting forth That
he was served with a writ of Attachment returnable to the Inferior
Court of common pleas held at Boston in Oct' last to Answer to
one William Pattin of said Boston in an action of Trover for a
barrel of Limejuice, That the petitioner engaged Rob*^ j^uchmuty
Esq' his Counsel to defend the same; but it so happened that M'
Auchmuty being then unavoidably detained in the Eastern parts
of the Province by contrary Winds, and the petitioner likewise
absent, the said Action was defaulted & judgment entered up
against him for the whole Sum demanded being Ten pounds with
Costs. And praying that he may have liberty to bring forward a
Writ of Review of the said Action at the next Inferior Court of
common pleas to be holden at Boston in and for the County of
Suffolk; and that Execution. may be stayed in the meantime.
Read and accepted: And
Ordered., That the Petitioner William Holland be, and he hereby
is authorized & impowered to bring a Writ of Review of the action
mentioned in his Petition, to the Inferior Court of Common pleas
for the County of Suffolk, to be holden at Boston on the first Tues-
day in October next: And the Justices of the said Court are hereby
also authorized & impowered to hear and try the said Action, make
up Judgment and award Execution accordingly. And the Execution
mentioned in the said Petition is hereby ordered to be stayed in tlie
mean time, provided the petitioner give sufficient security to the
Sheriff of the County of Suffolk to pay such Sum as may finally
be recovered against him, with lawful Interest from the date of the
said Execution. l^Passed June 24.
CHAPTER 74
ORDER directing THE PROVINCE TREASURER NOT TO PROSECUTE
THE BOND OF ANDREW HALL.
Legislative
Records of the
Council, xxvi.,
6-2.
House Jour-
nal, p. 78.
A Petition of Andrew Hall of Boston Merchant Setting
forth That he made a purchase of the Province Ship King
George for £1,760 of which Sum £760 is paid, and he has given
sufficient security for the remainder, to the Province Treasurer.
That he hath met with some disappointments in his business, which
renders it difficult for him to discharge his said Obligation at pres-
ent, and as the Treasurer has received Orders to put in Suit all
delinquent Bonds, Praying that he may be indulged with three
Months further time for the payment of the balance aforesaid.
Read and
Ordered that the prayer of the Petition be granted, and that the
Treasurer be directed not to prosecute the Bond within mentioned
for the space of three Months from this time accordingly. \^Passed
June 24.
[1st Sess,] Province L, aw s, (^Resolves ^ etc.). — 1765-60. 41
CHAPTEE 75.
ORDER ALLOWING £72 TO JOSEPH LEE.
A Petition of Joseph Lee Esq' Setting forth Thut in the year Legislative
1754 He purchased of the Government a Tract of Land containing ^u^njlf xxvL
upward of 5,000 Acres lying at a place called Miller's plain, and ^'^- iviass.
gave Bond for the purchase consideration. That when he sent to xivi.'.sis!
take possesion, he found a number of persons who had Settled on Mass.
the same, and who would neither purchase nor attorn Tenants; but xIvT^mij'
by the interposition of this Court they did finally deliver up pos- House .Jour-
session, tho' not until the year 1758. And praying that the Prov- ?(M,'ioa'.'^Vrov-
ince Treasurer may be directed to allow and repay to him the jjo4%^aT^34i^''
Interest arising on his Bond from the time of the purchase being
made until the delivering the purchased premises to the Memorialist.
Eead and
Ordered that the Sum of Seventy two pounds be paid out of the
publick Treasury to the Memorialis[t] being the interest on the pur-
chase money of Lands lying in a place called Miller's plain which
He bought of the Province in the year 1754 from the time of pur-
chase to the time of his being put into possession. \^Passed June 24.
CHAPTEE 76.
ORDER EXEMPTING THE INHABITANTS OF CERTAIN PLACES FROM
TAXATION BY FITCHBURG OR ASHBURNHAM.
A Petition of Sundry Inhabitants of the Westerly part of Towns- Legislative
hend and the Northerly part of Fitchburgh and the Northeasterly counclf xxv'^^
part of Dorchester Canada, praying to be incorporated into a Town 3T8; xxvi., m!
or District. Legislative
The following Order passed in consequence of the Eeport of countJ^f, xxv*.?
a Committee of both Houses appointed to take under consideration |p; ^^p., i8.
a petition of sundry Inhabitants of Townsend, Fitchburg & Dor- nai.pp.ioe.io'j,
Chester Canada, and the several Answers made thereto viz^ p^f/syfyl'
Read and Accepted: And in as much as it appears probable that Province
,1 .•^- -^ • 1 , ,• 1 1 ^^ . -, . T^. . , Laws, IV., 946,
the petitioners may in a short time hence be erected into a District note,
altho' at present it might be inconvenient to seperate them from
the Towns to which they belong.
Ordered, That the petitioners be exempted from the payment of
any Taxes that may after this time be granted by the proprietors
or Inhabitants of Fitchburgh towards building their Meeting House,
or by the proprietors or Inhabitants of Ashburnham towards the
finishing their's. \^Pas8ed June 24.
42
Province IjAwh (^Resolves ^ etc.). — 1765-0(5. [Chaps. 77-79.]
CHAPTER 77.
RESOLVE ALLOWING THE ACCOUNT OF THE GUARDIANS OF PLYMOUTH
COUNTY INDIANS.
Legislative
Records of the
Council, xxvi.,
ti4^
House Jour-
nal, p. 95.
Province
L,'i\v8, xvi., 341,
chap. 76, note.
In the House of Representatives. The House taking into
consideration the Accounts of the Guardians over the Indians in
the County of plymouth.
Resolved, that the same are right cast and well vouched, and that
there is a balance due to James Thomas Indian Man in Middle-
borough, the sum of Four pounds, nineteen shillings & eleven pence
half penny and a further Sum of Forty one pounds, two shillings
due to Steplien David, Indian of said Middleborough ; for each of
said Sums the Guardians are still accountable : And that the Accounts
of Thomas Felix of Middleborough are all ballanced.
In Council, Read and Concurred. [Passed June 25.
CHAPTER 78
ORDER ALLOWING £2. 1 TO THE COMMITTEE FOR FARMING THE EX-
CISE ON TEA, COFFEE AND CHIN A WARE FOR THE COUNTY OF SUF-
FOLK IN 1763.
Legislative
Records of the
Council, xxvi.,
65.
House Jour-
nal, p. '232
(February,
1763) ; pp." 105,
IOC). Province
Laws, xvii.,
338, chap. 256.
An Account of Robert Stone Innholder, of the Expence of the
Committee appointed to farm out the duties of Excise on Tea,
Coffee & China Ware for the County of Suffolk in 17t)3, having
been laid before the Court with the Committee's Certificate there-
upon, the following Order passed for the payment of the said Ac-
count viz*
Read and Accepted: And
Ordered that the Sum of Two pounds, one sliilling, be paid out
of the public Treasury to the Committee for their Service in that
affair, [Passed June 25.
CHAPTER 79.
Legislative
Records of the
Council, xxvi.,
65. Mass.
Archives,
xxxiil., 347.
House Jour,
nal, p. 107.'
Province
Laws, xvi., 241,
chap. 76, note;
xvii., 360, chap.
305.
RESOLVE ALLOWING THE ACCOUNT OF THE GUARDIANS OF PUNKAPOG
IND^s.
Upon the Report of the Com*" on the accounts of Joseph
Billings Guardian to the Punkepaug Indians, Read &
Resolved that Said accounts be allowed and that the Said Joseph
Billings Guardian be Further accountable for the Sum of sixty five
Pound fifteen shillings and four pence of said Indians money Re-
maining in his hands. [Passed June 25.
[1st Sess.] Province Laws {Resolves^ etc.). — 1765-66. 43
CHAPTER 80.
RESOLVE ALLOWING £17.5 TO THE COM''''^: TO CONSIDER OF SOLDIER'S
SERVICES SINCE THE FIRST LOUISBURG EXPEDITION OF 1745.
The Committe appointed & Directed by the Hon^''^ House of Legislative
representatives to Set in y^ Recess of the Court to Consider a reward councif.x.wL,
for the Soldiers. Since the First reduction of Louisbourgh Pray an Arcilwel'
allowance for that Service ixxx., 587.
Resolved that their be paid to the s*^ Committe The Sum' follow- House Jour,
ing out of the Treasury viz*^ . ^February,
To John Winslow Esq' 12 Days & 70 Mile at 6/ 4. 13.
To Jon'i Bagley Esq"- 12. D° 80 4. 16
To Docf Calf 12. D° 60 4. 10
To Tho« Gilbert Esq' 6. 100 ;j. 6
£17. 5.
[^Passed June 26.
1765) ; p. 105.
CHAPTER 81.
RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION
OF JOHN FAIRSERVICE FOR A HEARING ON AN APPEAL.
Upon the Petition of Jn° Fairservice of Boston Distiller, Shew- Legislative
ing, that Suit was brought against him by Job Averell of Pownal- Records of the
borough in the County of Lincoln Gent" to be tryed at Pownalborough 66. ' ' " ''
on the first Tuesday of June Instant, and that the Petitioner was House Jour-
on his passage to answer to the Action ; but being detained by con- "^'' ^' ^^''
trary Winds was defaulted, and Judgment made up against him,
and Execution granted thereon, and he taken into Custody by the
Sheriff of the County of Lincoln, the Petitioner prays liberty to
appeal to the next Superior Court to be held at Falmouth &c
Resolved, That the Petitioner notify the said Job Averell that he
appear on the second Wednesday of the next Session of the General
Court to shew cause if any he have, why the prayer of the Petition
should not be Granted, and that Execution be stayed in the mean
time. Provided that the Petitioner give Bonds with good security
to the Sheriff of the County of Lincoln, that he will be answerable
for any Sum that may be recovered on the final Trial with Interest.
\_Passed June 25,
CHAPTER 82. fe^«'^'^^«^%,
Records of the
Council, xxvi.,
ORDER ACCEPTING REPORT OF COMMITTEE IN REGARD TO LANDS Arch^vll'v
LOST BY RUNNING LINE W^" N. HAMPSHIRE. 249. ' ''
Mass.
The Committee of the two Houses appointed to consider of the ^s-aiJ-^xivi'
petitions of sundry persons, who by runing the Line between this 509-515.' 'Legls-
Government & New Hampshire, have lost their Lands, have attended Ift^thlj coifncii,
that service, made Report: Whereupon the following Order passed xxvi' *2i "?2 W
viz* House Joiir-
Read and Accepted And "{ukrch^G^) -,
Ordered that the Several Grants therein mentioned be passed p-.^- ^f-'*'
upon Seperately. [Passed J%ine 25. 264". '/wA'-a,'
chaps. 83-94.
44
Province Laws {Resolves, etc. ) . — ITGo-GO. [Chaps. 83-85.]
CHAPTER 83.
RESOLVE GRANTING 1,200 ACRES OF EQUIVALENT LAND TO THE LEGAL
REPRESENTATIVES OF THE LATE HON. WILLIAM TAILER, ESQ".
Legislative
Records ot the
Council, xvi.,
67. Mass.
Archives,
xlvi., 522.
Legislative
Records of the
Cotiucil, XXV.,
430. House
Journal,
pp. 303, 304
(Marcli, 1765);
p. 97. Prov-
ince Laws, xi.,
655, chap. 13.
On the Petition of William Tailer Esq: only son of the late
lion. William Tailer Esq: de cease d, on behalf of himself and the
rest of the heirs of the said deced, shewing that the Great & Gen-
eral Court of this Province at their session in May 1732 granted
one thousand acres of the unappropriated lands of the Province to
the then Widow, who is since deceased, and to the Children of the
said deceased AVilliam Tailer as a testimony of his good service done
his Country; which land fell within the Province of New Hamp-
sliire on running the line between this Province & Xew Hampshire
Government.
[Eead and]
Resolv\l
That in lieu thereof there be granted to the leg^l representatives
of the said William Tailer deceased the quantity of twelve hundred
acres to be laid out in any of the unappropriated lands belonging
to this Province; to be laid out adjoining to some former grant and
that they return a plan thereof into the Secretary's office in twelve
months from this day. [^Passed June 25.
Legislative
Records of the
Council, xxvi.,
67. Mass.
Archives,
xlvi., .527.
House .Tour-
nal.p. 97.
Province
Laws, xii., 275,
chap. 33.
CHAPTER 84.
RESOLVE GRANTING 145 ACRES OF EQUIVALENT LAND TO JOSHUA
WINSLOW & OTHERS PROPRIETORS OF COLRAIN.
On THE Petition of Joshua Winslow & others, praying for a
consideration for one hundred and forty five acres 6f Land lost by
the Proprietors of Coleraiii so Called; the said land falling into
New Hampshire on running the line between this Government &
New Hampshire.
[Eead and]
Resolv'd
That in lieu thereof there be granted to the Petitioners their
heirs & assigns One hundred & forty five acres out of a gore of six
hundred & thirty nine acres adjoining to said Town: the residue of
said Gore to remain to the Province and that they return a plan
thereof into the Secretary's office in twelve Months from this day.
[^Passed June 25.
CHAPTER 85.
RESOLVE GRANTING 7,350 ACRES OF EQUIVALENT LAND TO OLIVER
PARTRIDGE AND OTHERS OF BERNARDSTON.
Legislative Qn THE PETITION of Oliver Partridge Esquire & others, proprie-
Councii,xxvi., tors of a towii Called Bernardston shewing that on running the line
ArcWve^s^,' between this Province & New Hampshire, they lost seven thousand
x'vi-. i*--*- three hundred & fifty acres of land.
[1st Sess.] Province Laws (^Resolves, etc.). — 17G5-6G. 45
Hesoiv «, Province
That in lieu thereof there be granted to tlie proprietors of Ber- ciuip!'iii;'Vy7|
nardston who have lost their lands, their heirs & assigns Seven *^'"*i'- ^^'~'' ""'*^-
tliousand three hundred & fifty acres of the unappropriated lands
belonging to this Province, to be laid out adjoining to some former
Grant: & that they return a" plan thereof into the Secry's office in
twelve months from this day. \^Passcd June 25.
CHAPTER 86.
RESOLVE GRANTING 400 ACRES OF EQUIVALENT LAND TO TELEG
WISWELL.
Ok the Petition of Peleg Wiswell, shewing that there was Legislative
granted to the heirs & representatives of his father Ichabod Wis- counclf, xxw^,
well, agent for the late Colony of Plimouth, for his services, three e^- ¥',Vfs-
hundred acres of land; and that the said Peleg liad purchased all xivi., o2ti.'
the shares of the other Children of the said Ichabod his father; Legislative
That the whole of his lands granted fell within the Governm' of oouncu xx*v^
New Hampshire upon running the line between this Province & 4;n. House \
New Hampshire; 98!"pTOvincl''
Itesolv a, chap. 20.
That there be granted to the said Peleg Wiswell his heirs &
assigns four hundred acres of the unappropriated lands belonging
to this Province in lieu thereof; to be laid out adjoining to some
former Gr3,nt and that he return a plan thereof into the Secretary's
Office in twelve months from this day. \^Pass6d June 25.
CHAPTEE 87.
RESOLVE GRANTING 1,500 ACRES OF EQUIVALENT LAND TO HEIRS OF
THOMAS CORBET.
Resolved that there be granted to the Heirs & Assigns of the Rev*^ S'^sisiative
o o R6C0ru8 ot trie
M' Thomas Corbet fifteen hundred Acres of the unappropriated council, xxvi.,
Lands of this Province in lieu of Five hundred & twenty Acres, ^II
upon which he had made great improvements, and were lost, in Mass.
. Archives xiv
Methuen on runing the Line between this Province and New Hamp- 397-399. Mouse
shire, to be laid out adjoining to some former Grant; and that they ''""^'^^i-p-^^.
return a plan thereof into the Secretary's office in twelve Months
from this day. [Passed June 25.
46
Province Laws {Resolves, etc.). — ITBS-Gli. [Chaps. 88-90.]
CHAPTER 88.
Legislative
Records of the
Council, xxvi.,
68. Mass.
Archives,
xlvi., 528.
House Jour-
nal, pp. 98, 99.
RESOLVE GRANTING 1.080 ACRES OF EQUIVALENT LAND TO STORY DAWS
AND PETER ROBERTS.
Rpsolv^d,
That there be granted to Story Daws & Peter Roberts heirs of
John White Esq; of Boston, One thousand and eighty acres of the
unappropriated lands belonging to this Province in consideration
of their loss of Nine hundred acres of equivalent lands taken from
them on running the line between this Province And New Hamp-
shire to be laid out Adjoining to some former Grant, and that
they return a plan thereof into the Secretary's office in twelve months
from this day. \^Passed June 25.
CHAPTER 89.
Legislative
Records of the
Council, xxvi.,
b8. Mass.
Archives,
xlvi., 521.
Mouse Jour-
nal, p. 98.
RESOLVE GRANTING 390 ACRES OF EQUIVALENT LAND TO JOSEPH
WELD AND OTHERS.
Resolv'd
that there be granted to Joseph Weld and others, heirs of John
White Esq : three hundred and Ninety acres of the Unappropriated
lands belonging to this Province in consideration of their loss of
three hundred & twenty five acres which fell into New-Hampshire
on running the line between this Province & that And that
the same be laid out Adjoining to some former Grant. And that
they return a plan thereof into the secretary's office in twelve months
from this day. \^Passed June 25.
CHAPTER 00.
RESOLVE GRANTING 1,200 ACRES OF EQUIVALENT LAND TO MRS. ELIZ*
RAND.
Legislative
Records of the
Council, xxvi.,
69. Mass.
Archives,
xlvi., 520.
House Jour-
nal, p. 145
(Januarv,
1765); p." 98.
Province
L.aws, xi., 795,
chap. 219; xii.,
61, chap. 122.
On THE Petition of M" Elizabeth Rand in the right of Lieuten-
ant Governor Goffe for one thousand acres of land granted in Con-
sideration of Service done, & money paid by the s'' Lieu* Governor;
which land (on running the line between this Province & New Hamp-
shire) fell into that province.
[Read and]
Resolv\l That in lieu thereof there be granted to the Petitioner,
her heirs & assigns twelve hundred acres of the unappropriated
lands belonging to this Province, to be laid out Adjoining to some
former grant: and that she return a plan thereof into the Secre-
tary's office in twelve Mouths from this day. [Passed June 25.
[1st Skss.] Province Laws {Resolves, etc.). — 17(J5-6(). 47
CHAPTEK 91.
RESOLVE GRANTING A TOWNSHIP OF SEVEN AND ONE HALF MILES
SQUARE AS AN EQUIVALENT TO THE PROPRIETORS OF BAKERS TOWN.
On the Petition of Samuel Gerrish Esq'' on behalf of the Pro- Legislative
prietors of a Township of the Contents of six miles Square, granted {^u^,'^!|f "' **^^
to the officers and Soldiers of the Companies under the Command «9. Mass.'
of Cap' John March, Cap' Stephen Greenleaf and Cap' Philip Nelson cxviii!,*i5o.
commonly known by the name of Baker's Town, who were in the Legislative
Expedition against Canada in 1690; that the whole of said Town- Records of the
ship fell within the Limits of New-Hampshire on the runing the 429. House ''
Line between this Province and New-Hampshire; for which the f March',' iTfJ"?
Grantees have received no Consideration, either from this Province, pp- loo.'ioi.
or the said Government of New-Hampshire. Laws, xii., 348,
r-n 1 n chap. 203; 457,
[Read and J ^ _ chap. 233 -sii,
Resolved, That in Lieu thereof, there be granted to the Petitioner, J:{J!Jp- \l^ ^^'^'
and the legal Representatives or assigns of the Original Grantees,
a Township of the Contents of seven and an half Miles Square in
the unappropriated Lands belonging to this Province
Provided, That the Grantees within six Years settle thirty Families
in said Town, build a House for public worship and settle a Learned
Protestant Minister, and lay out one Sixty fourth Part of said Town
for the Use of the first settled Minister, and one other sixty fourth
Part for the Ministry and one other Sixty fourth Part for a Grammer
School, and one Sixty fourth Part for the Use of Harvard College.
Provided also, That the said Township be laid out on such a Part
of the unappropriated Lands belonging to this Province, adjoining
to some former Grants to the Eastward of Saco River; and that
they return a Plan thereof into the Secretary's Office within twelve
months from this Day for Confirmation. \^Passed June 25.
CHAPTER 92.
RESOLVE GRANTING A TOWNSHIP OF SEVEN MILES SQUARE AS AN
EQUIVALENT TO THE PROPRIETORS OF ROWLEY (CANADA).
On" THE Petition of Benjamin Mulliken Esq"", Mess" Thomas Legislative
Perley and Moody Bridges Agents for the Proprietors of a, Tract councif xiv*i^
of Land of six Miles Square, granted to John Tyler, Joseph Pike «9- Mass."
and Others, Officers and Soldiers in the Canada Expedition in 1690, cxviii^Tii.
known by the name of Rowley Canada; that the whole of said Tract Legislative
fell within the Government of New-Hampshire, when said Line Records of the
was ascertained, saving about two Thousand seven Hundred acres, 429. House
which remained to this Province, and has been since sold by this fMarch!'K65)'f
Government, and is now Part of that Land called Royallshire. P- ^^\- pj'o^.-.
r-P, , '-, •' inceLaws, xii.,
[Read andj 348, chap. 203;
Resolved, That in Lieu thereof, there be granted to the Petitioners, ^^^' ^^^^'- "''
and the legal Representatives or Assigns of the Original Grantees,
a Township of the Contents of Seven Miles Square, in the unap-
propriated Lands belonging to this Province.
Provided, That the Grantees within six years settle thirty Families
in said Town, build a house for public Worship, and settle a Learned
48
Province Laws (i?e.soZye.s,e^c.). — 1765-66. [Chaps. 93,94.]
Protestant Minister, and lay out one Sixty fourth Part of said Town
for the use of the first settled Minister, and one other sixty fourth
Part for the Ministry, and one other Sixty fourth Part for a Gram-
mer School, and one sixty fourth Part for the use of Harvard College.
Provided Also, That said Township be laid out on such a Part of
the unappropriated Lands belonging to this Province, adjoining
to some former Grants to the Eastward of Saco River; and that
they return a Plan thereof into the Secretary's Office within twelve
Months from this Day for Confirmation. [Passed June 25.
CHAPTEE 93.
RESOLVE GRANTING A TOWNSHIP OF SEVEN MILES SQUARE AS AN
EQUIVALENT TO THE LEGAL REPRESENTATIVES AND HEIRS OF THE
COMPANY OF CAPT. JOSEPH SYLVESTER.
Legislative
Records of the
Council, xxvi.,
71. Mass.
Archives,
cxviii., 152.
Legislative
Records of the
Council, XXV.,
428. House
.Journal,
pp. ;W1, 309
(March, 1765) ;
_p. 101. Prov-
ince Laws,
xii., 145, chap.
45; 147, chap.
48; '289, chap.
66.
On THE Petition of James Warren and Josepli Josslyn, Esq''
and M"" Charles Turner, Agents for the Proprietors of a Township
granted to Cap' Joseph Sylvester and Company who served in the
Expedition against Canada in 1690, which Township was known by
the name of Sylvester Canada; and that the whole of said Tow^n-
ship (on runing the Line between this Province and Xew-IIamp-
shire) fell within the Government of Xew-Hampshire.
[Read and]
Resolved, That in Lieu thereof there be granted to the Petitioners,
and the legal Representatives or Assigns of the said Josepli Sylvester
& Company a Township of the Contents of seven Miles Square in
the unappropriated Lands belonging to this Province.
Provided, Tluit the Grantees within six Years settle thirty Families
in said Town, build a house for public Worship, and settle a Learned,
Protestant minister, and lay out one sixty fourth Part of said Town
for tlie Use of the first settled minister, and one other sixty fourth
Part for the ministry, and one other sixty fourth Part for a Gram-
mer School, and one sixty fourth Part for the L^se of Harvard
College.
Provided also. That the said Township be laid out on such a Part
of the unappropriated Lands belonging to this Province, adjoin-
ing to some former Grants to the Eastward of Saco River ; and that
they return a Plan thereof into the Secretary's Office within twelve
Months from this Day for Confirmation. [Passed June 25.
CHAPTER 94.
RESOLVE GRANTING A TOWNSHIP AS AN EQUIVALENT TO THE LEGAL
REPRESENTATIVES AND HEIRS OF THE COMPANY OF CAPT. WILLIAM
RAYMOND.
Legislative
Records of the
Council, xxvi.,
71. Mass.
Archives,
cxviii., 141.
Mass.
Archives,
ccxliii., 96.
On THE Petition of the Agents for the Proprietors of a Town-
ship granted to Cap' Will'" Raymond and others who served in the
Expedition against Canada in 1690 which Township (on running
the Line between this Province and ISTew Hampshire) ' fell within the
Government of Xew Hampshire
[Read and]
' Inserted.
[1st Sioss.] Province Laws {Resolves^ etc.). — 1765-GO. 49
Resolved That in Lieu thereof there be granted to the Petitioners, Maps nw]
and the legal Kepresentatives or Assigns of the said William Kay- xJv.'l^i.^'iiouse
mond a Township of the Contents of 8ix miles and three quarters '^^l^'^^^f\^^^
of a mile Square, in the unappropriated Lands belonging to this WovinVe
T> • Laws, xli., 144,
Province. chap.4i; iiss,
Provided that the Grantees within six Years settle thirty Families ^hap. 253.
in said Town build a House for public Worship and settle a learned
Protestant minister, and lay out one sixty fourth part of said Town
for the use of the first settled minister, and one other sixty fourth
part for the ministry, and one other sixty fourth part for a Gram-
mar School, & one sixty fourth part for the use of Harvard College.
Provided also that the said Township be laid out on such a part
of the unappropriated Lands belonging to this Province adjoining
to some former Grants to the Eastward of Sacco Eiver. And that
they return a plan thereof into the Secretary's Office within twelve
mouths from this day for confirmation. \_Passed June 25.
50 Frovjnce Li Aws(Besolves, etc.). — 1765-6(), [Chap. 95.]
RESOLVES. ORDERS, VOTES, ETC.
Passed at the Session begun and held at Boston,
ON the Twenty-fifth Day of September, A.D.
1765-
CHAPTER 95.
ORDER ACCEPTING REPORT OF COMMITTEE FOR BURN" GOVERNM^
SECURITIES AND DISCHARGING THE PROVINCE TREASURER OF THE
SUM OF £93,164. 19. 8.
Legislative The COMMITTEE appointed to repair to the Province Treasurers
Council, xxvi., and take an account of the Government securities in his hands &
Arcmv*c^8%iv., see them burnt and consumed to Ashes, have attended that service
367. and have received of M' Treasurer Gi'ay Government securities paya-
MasB. ble in June 1758 of the old form Two liundred fifteen pounds, ten
iwti^'^Legisia^'' shillings & eleven pence, the Interest paid thereon Seventy two
thif Cminci!^ °* pounds oiic shilling & eleven pence makes Two hundred eiglity
xxvi., 45. ' seven pounds, twelve sliillings & ten pence. Also (lovernment 8ecu-
mii"pp.'^76"i27. rities payable in October 1758 of the old form thirty two pounds,
the Interest paid thereon Eight pounds, seventeen shillings and
three pence, makes Forty pounds, seventeen shillings lS: three pence.
Also Government securities payable in June 1760 of the old form
One hundred eighty six pounds and eight pence the Interest paid
thereon Twenty seven pounds, eighteen shillings and seven pence,
makes Two liundred and thirteen pounds, nineteen shillings and
three pence. Also Government securities payable in June 1761 old
form Eighty eight pounds, the Interest paid thereon Eleven pounds
nineteen shillings & seven pence, makes ninety nine pounds, nine-
teen shillings and seven pence. Also Government Securities payable
in June 1762 old form Five hundred ninety five pounds five shil-
lings and eleven pence, the Interest paid thereon Forty five pounds,
fifteen shillings and two pence makes Six hundred Forty one pounds,
one shilling and one penny. Also Government Securities payable in
June 1763 of the old form Three hundred forty one pounds, the
Interest paid thereon Twenty eight pounds fourteen shillings and
ten pence, makes Three hundred Sixty eight pounds fourteen shil-
lings and ten pence. Also Government Securities payable in June
1764 old form Nine hundred eighty two pounds, twelve shillings and
four pence, the Interest paid thereon One hundred forty four pounds
four shillings and four pence, makes Eleven hundred twenty six
pounds sixteen shillings and eight pence. Also Government Secu-
rities payable in June 1765 old "form Five thousand, nine hundred
and eighty six pounds, six shillings and two pence, and the Interest
paid thereon Five hundred and six pounds nine shillings, and nine
pence, makes Six thousand four hundred ninety two pounds fifteen
shillings & eleven pence. Also Government Securities payable in
June 1763 new form Fifteen hundred and forty eight pounds, the
[2d Sess.] Province Laws {Resolves, etc.). — 1765-66. 51
Interest paid thereon. One lumdred and three pounds sixteen shil-
lings, makes Sixteen luindred fifty one pounds, sixteen sliillings.
Also Government Securities payable in Juno 1704 new form, Eleven
thousand One hundred and seven pounds the Interest paid thereon
Seven hundred fifty six pounds, ten shillings and two pence makes
Eleven thousand, eight hundred Sixty three pounds ten shillings
and two pence. Also Government securities payable in June 1765
new form, Sixty six thousand six hundred ninety three pounds, the
Interest paid thereon Three thousand six hundred eighty four pounds,
sixteen shillings & one penny, makes Seventy thousand three hun-
dred seventy seven pounds, sixteen shillings & one penny. All which
Sums amount to Ninety three thousand one hundred Sixty four
pounds, nineteen shillings and eight pence, which we have seen
burnt and consumed to Ashes
Signed And"*^ Oliver p Order
Read and
Ordered that this report be accepted and that the Treasurer
be dischargd of the Sum of Ninety three thousand one hundred
Sixty four pounds Nineteen Shillings and eight pence accordingly.
{^Passed September 27.
CHAPTEK 96.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL
COUNTY.
The Account of Robert Luscombe Treasurer of the County of ^^«'^^?"^^ .
Bristol having been laid before the Court for allowance, the follow- councif, xxvi^
ing Order passed thereon viz' ^1:
Read and Accepted : And House Jmir^^
Resolved that the within Account (being right cast and well
vouched;) be allowed, and that the Treasurer be discharged of the
Sum of One hundred seventy nine pounds, two shillings and two
farthings, and that a balance of the Sum of Forty seven pounds,
five shillings and four pence due to the County he be further ac-
countable for. \^Passed Septemher 27.
CHAPTER 97.
RESOLVE IMPOWERING THE TOWN OF SCARBOROUGH TO CHOOSE A
COLLECTOR OF TAXES.
A Petition of John Stuart, Representative for the Town of Reford^of the
Scarborough Setting forth That one George Lebby Constable of Council, xxvi.,
the said Town was employ 'd in the year 17G2 to collect the Taxes ?-^
laid upon said Town; that he had collected part, but not having nairpp.'^i2M27.
collected the whole in season an Execution was issued from the Province
Province Treasurer, whereupon he absconded, and the Town not note. '
being impowered by Law to appoint any other person to that office.
Praying that they be enabled to impower some person to collect the
Taxes that remain due.
[Read and]
52
Province Laws (Resolves, etc.). — 1765-66. [Chap. 98.]
Resolved, That the prayer of this petition be granted ; and that
the Town of Scarborough be and is hereby fully authorized and
impowered at a Town Meeting called for that purpose to choose a
suitable person to collect the outstanding Taxes that are borne on
the Tax Bills committed to George Lebby to collect in the year 1762,
who has absconded and not compleated his Collections, and the per-
son so chosen shall be vested with all the powers and authorities to
collect the same, that the Collectors of Taxes by Law are vested
withal, and is hereby directed and required to pay in his Collections,
to the respective Treasurers to whom the same are payable, and
finish his Collections and settle his accounts with them by the last
day of march next ; and that the said Treasurers are hereby directed
not to issue their Executions in the mean time. [Passed Septem-
ber 27.
CHAPTER 98.
Legislative
Records of the
Council, xxvl.,
81. Mass.
Archives, xix.,
741.
Mass.
Archives, xix.,
740. House
Journal, p. 128.
Province
Laws, 11., 151,
chap. 10.
RESOLVE IMPOWERING JOHN CHOATE, JR., GUARDIAN. TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS,
A Petition of John Choate jun' of Ipswich Guardian to Chris-
tian Lucy and Abigail Wainwrigiit minors & Children of Jn° Wain-
wright late of Ipswich dec'* Setting forth That John Wise late of
Ipswich dec'' Grandfather to the said Minors, did after certain Leg-
acies devise the remainder of his Estate to the said Minors together
with the Wife of tlie petitioner, and made his Brother M^ Henry
Wise his Exec' That the said Executor by Selling a considerable
part of the Real Estate has been enabled to pay the Debts of the
deceased; but that there remains Seventeen pounds unpaid of the
Legacies. That tliere is a Dwelling house with about half an Acre
of Land belonging to it situate in Ipswich, which House is so out
of Repair, that it would take a considerable part of the value of
the remaining Lands to fit it up, and after all would not accomo-
date the Heirs. And praying that he may be impowered in his
capacity of Guardian to sell the said House and Land, that he
may be thereby enabled to pay the Legacies, he to be accountable
for the overplus.
[Read and]
Resolvi'd
That the prayer of the pet° be Grantd and the petitioner is herby
fully Impowerd in his Capacity of Guardian to make Sale of the
House & Land adjoyning mentiond in &^ Pet" for the most the
Same will fetch ; & to make & Execute a Good Deed or Deeds in
the Law for y* Same, He first posting Up Notifications of the time
& place of Sale, and Giving Caution to the Judge of Probate for
the County of Essex that the Proceeds of said Sale be Applyed as
follows Viz That the Sum of Seventeen pounds be Applyed
for the paying Legacys & that He be accountable to the Judge of
Probate of S" Countv for the remainder of the proceeds arrising by
s** Sale.' [Passed September 27.
* Adjourned to October 23. See Legislative Records of the Council, xxvi., 82.
[2d Sess.] Province Laws {^Resolves, etc.). — 1765-66. 53
CHAPTER 99.
ORDER ADJOURNING COURTS IN WORCESTER COUNTY.
Whereas tlie Court of General Sessions of the peace and Infe- Legislative
rior Court of Common pleas are by Law appointed to be held at councu^xxvl?
Worcester for the County of Worcester on the first Tuesday of «^ '
November next; and divers of the Justices of said Courts and other House Jour-
persons who are concerned in business there, are Members of the "'rovilu'c*"' ^**"
General Court, and the important affairs of the Province now de- '^,^^*'«'iy-''^37,
. , . ^T ■.^T^ o chap. 20; v., 65,
pending require their attendance. vViiereiore note.
Ordered, That the said Court of General Sessions of the peace
and Liferior Court of common pleas which by Law are to be held
at Worcester aforesaid on the said first Tuesday of November, be
and hereby are adjourned to the first Tuesday in January next to
be held at the Court House in the said Town of Worcester at ten
of the Clock in the forenoon of said day : And all pleas Writs Actions,
Suits, Complaints, processes, precepts. Recognizances & other thing
& things whatsoever returnable and having day or days in the said
Courts, shall stand abide and continue unto the said Adjournment,
and be held deemed & adjudged to be as good, effectual and avail-
able in Law to all intents & purposes whatsoever, as if such Courts
had been held and kept on the day by Law for holding the same,
and no Adjournment thereof had been made. \_Passed October 25.
CHAPTER 100.
RESOLVE IMPOWERING MARY STANNY, EXECUTRIX, TO SELL REAL
ESTATE.
A Petition" of Mary Stanny Executrix of Cap' Richard Stanny Legislative
dec'' Setting forth That the said deceaseds Real Estate is much councn, xl- v*i^,
out of repair and daily growing worse; that she has now a good ^
opportunity to sell the said Estate And praying that she may be House Jour-
enabled to execute a Deed thereof, in order to pay otf the Debts °'' ' *''
due on said Estate, She to account for the proceeds according to
Law: the said Real Estate lying at the Northerly part of Boston
and consisting of a House and Land butting Westerly on Back
Street & Southerly on Beer Lane.
Read and thereupon
Resolved that the petitioner be and hereby she is authorised in
her capacity of Executrix of Richard Stanny dec** to make Sale of
the Real Estate mentioned in this Petition and to make and Exe-
cute a good Deed thereof in the Law, She first giving security to
the Judge of Probate for the County of Suffolk that the proceeds
shall be applied for the purposes mentioned in her petition. \^Passed
October 25.
54
Province Laws (i2eso?ves, e^c). — 1765-66. [Chaps. 101, 102.]
CHAPTER 101
RESOLVE IMPOWERING DANIEL HUNT, GUARDIAN, TO SELL REAL
ESTATE.
90
House Jour-
nal, i>. 139.
Province
Laws, ii., 161,
chajj. 10.
Rlfords'ofthe ^ PETITION of Daniel Hunt of Relioboth Guardian to Anna
Council, xxvi., Bosworth a Minor, daughter of Joseph Bosworth deceased Set-
ting forth, That the said Minors personal Estate is insufficient to
pay the charges he has been at for her account, besides which he
hath expended for her to the amount of £130.8.7 and praying that
he may be enabled to make Sale of her Real Estate to enable him
to discharge the said Debt.
Read and
Resolved that tlie prayer of the Petition be granted, and the
Petitioner in his capacity is accordingly impowered to make Sale
of the whole of the said Minors Real Estate therein mentioned for
the most the same will fetch for the purpose within mentioned, and
to make and Execute a good Deed or deeds thereof, he observing
the directions of the Law respecting the Sale of Real Estates of
Intestates, the said Petitioner to account with the Judge of Pro-
bate for the County of Bristol after the Sale thereof. ^Passed
October 25.
CHAPTER 102.
RESOLVE CONFIRMING THE PROCEEDINGS OF THE TOWN OFFICERS OF
BOOTHBAY.
Legflslatlve
Records of the
Council, xxvi.,
90. Mass.
Archives,
cxviii., 155.
Mass.
Archives,
cxviii., 1.54.
House Jour-
nal, pp. 127, 138,
139. Province
Laws, i., (Jo,
Chap. 28.
A Petition of tlie Selectmen of Bootlibay Setting fortli That
soon after their Incorporation, the Inhabitants by virtue of a special
order of the General Court assembled and chose Town officers, which
was done in February last, and so neglected choosing such Officers
in the month of March following, as by Law they ought to have
done, which they are now sensible was a mistake in them. And
praying that the officers chosen in February as aforesaid may be
Confirmed in tlieir respective Offices until new ones shall be chosen
in Mareli 17«)(J
[Read and]
Resolved that the Prayer of the foregoing Petition be So far
Granted that the Several Town officers Chosen in February last as
mentioned in Said Petition, and their Proceedings in Consequence
of their Respective offices for the time Past be held good and vallid
to all Intents & Purposes as much as tho they had been Chosen in
the month of march last & that Said officers retain their respective
offices and Excersise ' the Same in Said Town untill others Shall be
Chosen in their room to y^ respetive ' town offices in y*^ month of
march next any thing in y^ Law to y^ Contray ' notwithstanding.
{^Passed October 25.
1 Sic.
[2d Sess.] Province Laws (liesolves, etc.). — 1765-66. 55
CHAPTER 103.
RESOLVE IMPOWERING JOSEPH HAYWARD, EXECUTOR, TO SELL A POR-
TION OF AN ESTATE.
A Petition of Josepli Hayward Executor of tlio last Will & Legislative
Testament of Joseph Maynard jun"' late of Sudl)ury deceased Set- councif.xxvL,
ting forth That tlic said deceaseds Estate is indebted £78.13.274 '•!!!:
more than the Moveables were apprised at. And praying that he ^.^,"^f f^""'''
may be impowered to sell so much of the Real Estate as will enable Province
him to pay the said Debts. chap!'io." ^^^'
Read and
Resolved that the prayer of the petition be granted; and the peti-
tioner Joseph Hayward be and hereby is impowered to make Sale
of so much of said Estate as may be needful to pay the just debts
of the deceased, and to make and execute a good Deed or deeds
•thereof in the Law, he observing the Steps of the Law for the sale
of Real Estates. [Passed October 25.
CHAPTER 104.
RESOLVE IMPOWERING WILLIAM STONE TO SELL REAL ESTATE AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of William Stone Setting forth That he hath Legislative
under his care one Mary Davis a person both deaf and dumb, and councir.xxvL,
otherwise disabled by Age and Infirmities to support herself: that '^li
the said Mary's Mother left her a House and Laud, at the Northerly naT^^ffa'^^"
part of Boston for her comfort and support, which House is now Proviiice '
old and not tenantable : Therefore praying that he may be enabled ^hapf lo.'' ^^^'
to sell the said Estate, the produce thereof to be applied for the
maintenance of the said Mary Davis.
[Read and]
Resolved that the prayer of the Petition be granted, and that
William Stone the Petitioner be and hereby is impowered to make
Sale of the premises for the most they will fetch, and make and
Execute a good Deed thereof in the Law, he observing the Rules
of Law for the Sale of Real Estates by Executors and Administra-
tors, and giving sufficient security to the Judge of Probate for the
County of Suffolk, that the proceeds coming thereby shall be ap-
plied for the benefit of the within named Mary Davis, and the pay-
ment of her just debts, and that the overplus (if any be) to be
secured for her lawful Heirs. [Passed October 25,
CHAPTER 105.
RESOLVE IMPOWERING MARY BROWN, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Mary Brown Admin^ of the Estate of her late Legislative
Husband Isaac Brown of Waltham deceased Setting forth That counc'if.xx'
the said deceased left four Children, and a small tenement lying in j^i-
56
Province 'LAWs,{Iiesolves,etc.). — 1765-66. [Chaps. 10^), 107.]
House Jour-
nal, pp. 142, 143.
Province
Laws, ii., 151,
chap. 10.
Waltham, and that his personal Estate is not sufficient to pay the
said deceaseds debts. That the said Estate is incapable of a Divi-
sion, and one of the daughters being Married would be glad of her
share of her Fathers Estate. And praying that she may be enabled
to make Sale of the premises, She to be accountable.
[Read and]
Resolved that the prayer of the within Petition be granted ; and
the Petitioner Mary Brown in her capacity of Admin^ provided
her present Husband Nathan Brown join with her in the Sale, be
and hereby is impowered to make Sale of the Real Estate within
mentioned for the most it 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 Exec" and Administra-
tors, and giving sufficient security to the Judge of Probate for the
County of Middlesex, that the money arising from the Sale thereof
shall be applied to the payment of the just debts of the within men-
tioned Isaac Brown deceased, and that the Overplus shall be divided
among the Heirs of the deceased according to Law. Reserving to
the Widow the Income of one third part thereof during her natural
life, instead of her right of Dower in the premises. {^Passed Octo-
ber 25.
CHAPTEK 106.
RESOLVE IMPOWERING ZEBULON LEONARD, GUARDIAN, TO SELL A PART
OF AN ESTATE.
Legislative A PETITION" of Zebulon Leonard of Middleborough Guardian to
rvGCOrClS or 1x16
Council, xxvi., Elkanali Leonard, a pcrsoii Noii compos mentis Setting forth That
'— the said Elkanah's Estate is indebted the Sum of One hundred and
naTpp'Ki"72 twenty pounds And praying that he may be enabled to Sell so mucli
147.' Province of the Said Elkanah's Real Estate as shall be sufficient to discharge
^t^chap^'e.' his debts, so that his Estate may be settled.
Read and
Resolved that the prayer of the Petition be granted ; and that the
Petitioner be allowed to make Sale of so much of the Real Estate
of Elkanah Leonard Esq"' who is rendered Non compos mentis, as
shall amount to the Sum of One hundred and twenty pounds in
order to discharge the just debts due from said Estate; He the said
Guardian rendring an Account to the Judge of the Probate of Wills
for the County of Plymouth for allowance. \^Passed October 29.
CHAPTER 107.
RESOLVE IMPOWERING JAMES KERSWELL TO COLLECT UNPAID TAXES
OF THE FIRST PARISH IN KITTERY.
Legislative
Records of the
Council, xxvi.,
93.
House Jour-
nal, p. 141.
Province
Laws, iv., 696,
note.
A Petition of James Kerswell of Kittery Setting forth That
in the year 1763 he was chosen Collector of Taxes for the first parish
in Kittery & proceeded in collecting of the same; but it so hapned
that the Warrant by which he acted was issued without a Seal, and
12 or 13 persons who are still in arrear do now refuse to pay him:
And praying the interposition of this Court for relief.
[2d Sess.] Province Laws {Resolves^ etc.). — 17G5-60. 57
[Road and]
Refiolved tliat tlie al)ovenamed James Karswell late a Collector
of the first Parish in Kittery in the County of York, be and he
hereby is authorised and inipowered to compleat and finish his Col-
lections of all sucli Sum and sums of money as was duly assessed
on the polls and Estates within said Parish in the year 1703 and
committed to him to collect; and pay in the same pursuant to his
directions, any supposed defect in his Warrant for want of a Seal
or otherwise notwithstanding. \^Passed October 22.
CHAPTER 108.
RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION
OF JNO BORGHARDT AND OTHERS IN REGARD TO DISPUTE OVER SUM
ALLOWED FOR BUILDING A MEETING HOUSE,
A Petition of John Borghardt and others of Great Barring- Legislative
ton setting forth That in the Spring of the year 1764 they con- ^^^fj^ ^^*^^f^
tracted with M' James Eason of Pittsfield to labour in Building a 94.
House for the public worship of God in said Town, for which he House Jour-
was to be paid by the day according to the number of the days he "^ai, pp. 147, us.
should labour in said Service. That a difference at length arising
tlie said James commenced a Suit upon the Agreement and the
cause was Submitted to a reference, the Referees being Perez Marsh,
Daniel Brown and John Chadwick Esq" by whose Report the Peti-
tioners apprehend themselves injured to the amount of Eighty
pounds; for instead of allowing him for the time he was actually
upon the business, they have allowed him from the time he began
upon the work to the time it was finished, unless the petitioners
could ascertain the number of days he was absent, which they were
not able to do, and by this means they have allowed him for thirty
days more than he had charged in his Account. That the said James
owed one of the Petitioners viz' Peter Borghardt £15 upon a note
which he had put in Suit which note by some means or other had
got into the hands of the said Referees who is adjudged to lose
his Debt, and pay Costs; and that by the like means Samuel Lee
another of the Petitioners is like to lose the value of a Note of
£6 which the said James had given to him the said Samuel. And
praying relief.
[Read and]
Resolved That the prayer of this Petition be so far granted, as
that the Petitioners notify the adverse party to make Answer and
give his reasons on the second Thursday of the next sitting of this
Court, why the prayer of this Petition should not be granted: And
that the Petitioner serve the adverse party with a Copy of this Peti-
tion, and that Execution be stayed in the mean time provided the
petitioners give security to the Sheriif of the County of Berkshire
for such Sums as shall finally be found due and Interest thereon
from this time. \_Passed October 29.
Province Laws {Resolves, etc.). — 1765-66. [Chap. 109.]
CHAPTER 109.
ORDER CONFIRMING A GRANT OF AN EQUIVALENT TOWNSHIP TO THE
PROPRIETORS OF BAKERS TOWN.
Legislative ^ Plan and description of a new Township, was laid before the
Records ot the . . . ^ . . ^,., ^' , in. «
Council, xxvi., C ourt Containing the quantity or seven Miles and a halt square of
pians^'^iis^"'^ Land & AVater granted by the General Court to the proprietors of
XXXV., -li. Bakers Town so called lying and being in the County of Cumber-
House Jour- land, and bounded as follows viz' begining at a large Rock near the
ioi,'i4-j,'i5i. ' middle of Androscoggin River upon the great Prills or 20 miles
^hap.gi.*"' Falls so called in said Androscoggin River, and from said Rock to
run South 4cb^ West four miles adjoining the Pojepscutt Patent to
a spruce tree, thence South 3)3'' East one Mile by the Southwesterly
Line of the said Pejepscutt Patent to a Hemlock tree, thence South
45"* West four Miles by the head line of New Glocester to a pitch
pine, thence North 45*^ West Seven Mile by Province Land to a fir
Tree, thence North 45'' East thirteen Miles to a pine tree standing
by the side of Androscoggin River, thence Southerly down said
Androscoggen River to the Bounds first mentioned.
W^hereupon the following Order passed viz'
This Plan of a Township of Land of the Contents of Seven and
a half Mile Square, Granted to Samuell Garrish Esq' and others,
the orignall Grantees of a Townsiiip Call'' Bakers town, Wliich
Town by the Late Runing tlie Line Between this Province and the
province of New hamp*^ fell Within the Bounds of the CJoverment of
New Ilamp® to them & their Legall Representatives and assigns And
by them lay** out on the West Side of Anderscoggen River Bounded
firstly to a Great Rock Near the Midle of anderscoggen River upon
the Great falls or Twenty mile falls So Called in s'' Anderscogen
River, and from s*^ Rock to Run South 45" West four mile adjoyn-
ing the Pejepscut Patten to a Spruce Tree, thence South 33 Degrees
East one Mile by the Southwesterly Line of the s*" Pejepscut Patten
to a Hemlock tree. Thence South 45 Degrees West four Mile by the
head line of New Glocester to a Pitch pine tree Thence North
45 Deg''^ West Seven mile by Province Land to a Fir Tree Thence
North 45 Degrees East 13 mile to the s*' Anderscoggen River thence
Southerly Down s" Anderscogen River to the Bound first mentioned
Was Presented for acceptance, and accordingly
Orclred that it be & hereby is accepted, and the Land there in
Contained is Confirmed unto them the s'' orignall Grantees of s**
Bakers Town So CalP their heirs and assigns for Ever they Comply-
ing With the Conditions of the Grant and Settle Sixty famaleys
Pursuant to an agreement they have Since Come into, over &
above the Thirty mentioned there in. Within Six years from this
Date Provided the Same Doth not Exceed the Quantity of Seven
and half mile Square Excclusive of Eight Thousand & Six Hun-
dred acres allowance for Ponds there in Containd nor Enterfear
W^ith any former Grant. [Passed Octoher 30.
[2d Skss.] Pkovinck Ijxvfii {Resolves, etc.). — 17()5-G(). 59
CHAPTEK 110.
RESOLVE IN REGARD TO THE TAXES IN THE TOWN OF STOUGHTON
AND THE DISTRICT OF STOUGHTONHAM.
Wherp:as the Sum of Three hundred aud sixty two pounds, eigh- i^,?'^^"^.,,
teen sliillings and 4'' % was Ordered to he appoi'tioned and assessed council, xxvi.,
on the Town of Stoughton in tlie County of Suffolk this current '^
year as their proportion of the Sum of Fifty thousand pounds na'il'ppiulJ'i.rvi.
province Tax. And whereas afterwards sometime in June last past, Province
the second precinct in the said Town was incorporated into a sep- chlM>!'6r82o, '
arate District by the name of Stoughtonham; but no certain direc- ^^^;^^''^^'
tion or Order then passed for ascertaining their jDroportion of the
aforesaid Sum of Three hundred and sixty two pounds eighteen
shillings and 4'^ % whereby some doubts have arisen what said Dis-
tricts proportion thereof should be; Therefore
Resolved that the said District be and they hereby are ordered
to pay the Sum of One hundred & eighteen pounds, three shillings
and five pence two farthings a part thereof; and that the Province
Treasurer be and he hereby is impowered and directed to send forth
his Warrant to the Selectmen of said District for the said Sum ac-
cordingly; and to the Selectmen of the Town of Stoughton for the
remaining Sum of Two hundred and forty four pounds, fourteen
shillings and eleven pence i/4 only, the same to be their proportion
in all other future Taxes; and that the County Treasurer is likewise
directed to send out his Warrants in the same proportion. \^Passed
October 30.
CHAPTER 111.
ORDER IMPOWERING W'" WILLIAMS, ADM'', TO SELL REAL ESTATE AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of William Williams Admin'' of the Estate of Jona- Legislative
than Stedman late of Westminster dec'' Intestate, and of Tabitha councff, xU^f,
Stedman Widow of said deceased Setting forth That the per- ^j^
sonal Estate of the deceased if disposed of would be insufficient House Jour-
to pay his Debts, and would at the same time deprive the Widow, "sVprovince'
and the two Children of the deceased of sufficient means to subsist cha^^'io' ^^^'
with Comfort; that he died seized of about thirty Acres of Land
chiefly unimproved. And praying that he the said administrater may
be impowered to make Sale of the said Land for the reasons before-
mentioned.
Eead and Accepted : And
Ordered that the petitioner William Williams be and hereby is
impowered to make Sale of the Real Estate mentioned in the above
petition for the most the same will fetch, and to make and Execute
a good Deed or Deeds in Law for the same, he observing the direc-
tions of the Law for the Sale of Real Estates by Exec" and admin",
He also giving sufficient security to the Judge of Probate for the
County of Worcester that the money arising by the Sale thereof
more than what is sufficient to pay the Debts and Settling the
Estate of the deceased, be put out to Interest for the benefit of
60
Province Laws {Resolves, etc.). — 1765-66. [Chaps. 112, 113.]
the Heirs of the deceased, excepting only the annual Interest of one
third part thereof for the use of the Widow during her natural life.
[Passed October 30.
Legislative
Records of the
Council, xxvi.,
9S. Mass.
Archives,
xliv., 574.
Mass.
Archives,
xliv., 573.
House Jour-
nal, p. 150.
CHAPTER 112.
RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION
OF SAMUEL LEE IN REGARD TO A BOND.
A Petition of Samuel Lee of Great Barrington setting forth
That he hath been deputy keeper of his majesty's Goal in the
County of Berkshire under Elijah Williams Esq"" the Sheriff of s*^
County to whom he gave Bond upon his entring on said office in
the sum of Ten thousand pounds to indemnify the said Sheriff for
his doings as Keeper of the said Goal: That there have been divers
judgments obtained against the said Sheriff for the escape of sundry
prisoners to the amount of Fifty pounds, whereupon he put in suit
the petitioners Bond, and hath recovered the full Sum mentioned
therein, the petitioner being at the time of said Suit continued in
Goal, and his Attorney failing to attend, Judgment was given against
him by default; and execution has been since extended upon his
Estate to the amount of £820 to the Petitioners utter ruin unless
relieved by this Court. And praying that the Court from which said
judgment came may be directed to chancer the said Bond to the
just debt and damages.
Eead &
Resolved that the within named Elijah william Esq'' be Notifyed
the Pef Leaving a copy of this Pet" with him to make answer y' to
the second Wednesday of the Next sitting of this Court, and that
all Further Proceedings upon the Judgment of Court mentioned
in said Petition And Execution y"""" be Stayed in the mean time. '
[Passed October 31.
CHAPTER 113
Legislative
Records of the
Council, xxvi.,
99. Mass.
Archives, Ivi.,
4oS.
Mass.
Archives, Ivi.,
456. House
Journal,
pp. 155, 157.
Province
Ijaws,iv.,516,
chap. 39; 576,
chap. 6; 625,
note.
RESOLVE DIRECTING THE PROVINCE TREASURER TO PAY TO JOHN
STILL WINTHROP, ESQ«, THE INTEREST DUE ON A GOVERNMENT
NOTE.
A Petition of John Still Winthrop Esq'' of Xew London set-
ting forth That on the 28"^ of August 1761, he lent this Govern-
ment Six hundred pounds and took M' Treasurer Gray's Note for
the same payable by the 20"' of June 1765 with the Interest annu-
ally 'till paid. That only one years Interest has been paid on said
Note, and that an Order has since passed for calling in all the Notes
of that form & exchanging them for Notes of a new form on pen-
alty of loosing the Interest : that by reason of his distance he was
unacquainted with said Order, whereby he is like to lose the rest
of the Interest, unless aided by the Government who have had the
use of his Money. And praying relief.
[Eead and]
Resold'^ that the Treasurer be directed to pay John Still Wenthrop
* At the hearing, January 28, 1766, this petition was dismissed. — House Journal, p. 228.
[2d Sess.J Province Laws {Resolves, etc.). — 1765-66. 61
Esq"" tlie whole of the Interest of the Note Mention'' in his petition
to the 20"' of June hist lie living out of tlie province and not inform'^
of the Ord' of this Court pass'' in Octo' 17(52. [Pafised October 31.
CHAPTER 114.
RESOLVE IMPOWERING JACOB TOWNSEND, ADM«, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Jacob Townsend Admin'' of the Estate of his Legislative
Father John Townsend late of Wilmington deceased setting forth council xxvl^
That his said Father died Seized of about fifty Acres of Land lying loo-
partly in Reading and partly in Wilmington, one third of which House Jour-
apprised at £10.11.3 is set off to the Widow as her Dower and that °a'. pp- i^^, iss.
the rest of his Estate both Real and personal being insufficient to
pay his Debts, the Estate is represented Insolvent And praying that
he may be impowered to Sell the other two thirds of the Real Estate
in order to pay the Debts.
Read and
Resolved that the prayer of the Petition be granted, and that
the Petitioner Jacob Townsend be and he hereby is impowered to
make Sale of the premises for the most they will fetch, and to make
and Execute a good Deed or Deeds thereof in Law; first giving suffi-
cient Caution to the Judge of Probate for the County of Middlesex
that the proceeds arising by such Sale shall be secured & applied
for the payment of the just debts of the deceased; and the Over-
plus (if any be) be divided in due proportion among the Heirs of
the deceased. [^Passed November 1.
CHAPTEE 115.
RESOLVE IMPOWERING ABIGi- MERROW, EXECUTRIX, TO SELL LAND
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Abigail Merrow Widow of Henry Merrow late of Legislative
Reading deceased Setting forth That her said Husband did by Councif, xxvi^
his last Will and Testament give to her the said Abigail the im- H!!:
provement of his Real Estate during her natural life, and did therein Province
1 1 I'x 11 iiioiip 1 • !> ^ T Laws, 11., 151,
order that his Land sliould be Sold lor her support ii tlie Income chap. lo.
should prove insufficient but did not impower any person to Sell it;
except only two Acres of Medow which has been already Sold for
that purpose : Tiiat she is now in Debt near Ten pounds Sterling
for the necessaries of life, and in the eighty third year of her age.
And praying that she may be enabled to sell about Eight Acres of
pasture lying at a distance from the home lot for the purpose men-
tioned in said Will
Read and
Resolved that the prayer of the Petition be granted, and that the
Executor' above named be and hereby is impowered to make Sale
of the Eight Acres above-mentioned to pay the debts of the Peti-
tioner, and to further support her; and to make and Execute a good
Deed thereof in Law: He' observing the Steps of the Law for the
Sale of Real Estates, and giving sufficient caution to the Judge of
» Sic.
62
Province Laws {Resolves, etc.). — 1765-66. [Chaps. 116, 117.]
Legislative
Records of the
Council, xxvi.,
101.
House Jour-
nal, p. 159.
Probate for the County of Middlesex that the proceeds coming by
such Sale shall be applied accordingly, and the Overplus if any be,
shall be distributed to and among the Heirs of the last Will and
Testament of Henry Merrow.' {Passed November 1.
CHAPTER 116.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
EBEN« AYER & OTHERS TO BRING FORWARD A WRIT OF REVIEW.
A Petition of Eben' Ayer, Tristram Jordan, Amos Chase &
Sam' Chase all of Pepperelborough Setting forth That Domin-
ions Scammon & Others brought an Action of Ejectment against
the Memorialists for 200 Acres of Land in said Pepperrelborougii
and forepart of a Saw Mill that the said Action was by consent of
parties continued to the Inferior Court held at Bideford for the
County of York the second Tuesday of October Instant, when it
was agreed that the said Cause should be carried up by Demurrer
to the next Superior Court to be held in and for said County, and
the pleadings mutually agreed upon and Signed by tlie Council for
both parties, in pursuance of Avhich Judgment was rendered for the
Plantiffs to recover possession of the Premisses demanded. That the
Council for the Memorialists told the Clerk of the Court to enter
the appeal to the Superior Court; but lie omitted the same, which
was discovered the day after the rising of the Court and tlie Plan-
tiffs taking advantage of the said Omission have sued out an Exe-
cution. And praying that tliey may be enabled to bring forward
their Action at the next Superior Court to be holden for said
County in like manner as if the proposed appeal had been duly
entered.
Eead and
Ordered that the Petitioner serve the Adverse party with a Copy
of this Petition that he shew cause if any lie hath the second
Tuesday of the next sitting of this Court why the prayer thereof
should not be granted And Execution is stayed in the meantime.
\^Passed November 1.
CHAPTER 117.
RESOLVE IMPOWERING ANN CUTLER TO JOIN IN A SALE OF REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
102.
House Jour-
nal, p. 149.
A Petition of Ann Cutler, AVidow of Abner Cutler late of Pax-
ton Husbandman deceased Setting forth That she had set off to
her as her thirds in the said deceaseds Estate, one half the House,
tlie Barn and about twenty nine Acres of Land : That the remain-
ing part of the deceaseds Estate was Settled on his eldest Son who
is determined to sell the same. And praying that she may be im-
powered to make Sale of her thirds under due restrictions.
[Eead and]
Resolved that the prayer of the Petition be granted : and that
Anna Cutler be, and she hereby is impowered to join with her Son
Thomas Cutler in making Sale of the premises for the most they
' Not found in the House Journal.
[2d Sess.] Province Laws {liesolves, etc.). — 1765-66. 63
will fetch, and in nuiking & executing a good and suflficient deed
or deeds thereof in LaAv; She first giving caution to the Judge of
Probate for the County of Worcester that the proceeds coming by
such Sale shall be well secured for tiie benefit of the Heirs of the
within named Abner Cutler after her decease; and that the Peti-
tioner have the Income only during her natural life instead of
dower. [Passed November 1.
CHAPTER 118.
RESOLVE IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF
WORCESTER TO SETTLE AN ESTATE.
A Petition of Nath' Whitcomb Executor of the last Will & Legislative
Testament of Amos Thomas of Hardwick deceased Setting forth Councif.xxvi^,
That the said deceased by his Will aforesaid gave specific Legacies ^^ .
in Money to be paid to his several Children, but never directed how n'ai"^*' '^i*^^i48
the said Money should be raised. That his personal Estate is ex-
pended in paying the Debts and one absolute Legacy; that his Real
Estate consists of about Fifty Acres of Land and a House and Barn
thereon Avhich is incapable of a Division and going to ruin ; that
there are three Children of age and four still in their minority.
And praying that the Judge of Probate may be impowered to settle
the said Estate on the eldest Sou in the same manner as by Law he
might have done, had the deceased died Intestate.
[Read and]
Resolved that the prayer of the Petition be granted, and that the
Judge of Probate for the County of Worcester is hereby impowered
to settle the whole of the Real Estate therein mentioned upon the
said William Thomas the eldest Son of the said deceased (as if the
said Estate had been intestate.) Provided the said William shall give
sufficient security to the said Judge that he will pay the Legacies
in the said Will mentioned, which are now unpaid reserving to the
Widow the lawful Interest of the amount of her thirds upon Ap-
prisement during her natural life and after her decease the same
to be divided among the legal Heirs of the said Amos Thomas
agreable to Law, and if there should be any surplusage upon Ap-
prisement after the Widows thirds are deducted over and above the
Legacies ordered by said Will, the same shall be divided among the
said Heirs agreable to the Will. [Passed November 1.
CHAPTER 119.
ORDER REFERRING THE PETITION OF THO" TORREY IN REGARD TO
A RE-TRIAL OF AN ACTION.
A Petition of Tho^ Torrey of Plymouth praying liberty of a Legislative
new Trial of an Action brought against him by Robert Williams of ?^f°y,'?f "tt*]^
Bramtree for the reason therein mentioned [ante^ p. 17, chap. 25] ws^
[Read and] House Jour-
Ordered tha,t the consideration of this Petition be referred till x^eo!' ^llite',
the second Tuesday of the next Session of this Court, and the p- n. chap. 25.
respondent is allowed then to make Answer. [Passed November 1.
64
Province lu&yfB {Resolves, etc.), — 1765-66. [Chaps. 120, 121.]
Legislative
Kecords of the
Council, xxvi.,
103.
House Jour-
nal, p. 160.
Province
Laws, xvii.,
622, chap. 258.
CHAPTEK 120.
ORDER CONFIRMING A PORTION OF THE GRANT OF LAND MADE TO
EPHll'^ KEYS.
The following Return of a Survey with a plan annexed was
laid before the Court for Confirmation viz'
Surveyed and laid out to M' Ephraim Keys as part of his Grant
made by the Great and General Court Feb^ 22*^ 1765 of three hun-
dred Acres to be taken up in the unappropriated Lands of the
Province lying either in the County of Hampshire or Berkshire.
Begun near the middle of the West line of Pittsfield, and from
thence West 30'^ North one Mile and three quarters to a beach Tree
marked EK at which tree begins the Southeast corner of this sur-
vey, from said Beach tree North 30^ East two hundred and seventy
rods to a Stake and Stones, Stake mark'd E K, then West 30'^ North
One hundred and eighty rods to a beach tree marked E K, tlien
South 20'* West two hundred and Seventy rods to a beach tree
marked E K. Then strait to the first mentioned bounds containing
Two hundred Sixty one Acres and ninety rods of Ground, there
being no more Land to be taken at said place
Eead and
Ordered that the within plan be accepted, and that the Lands
herein delineated & described be and liereby are granted and Con-
firmed to the Petitioner Ephraim Keys. Provided the same does
not exceed the quantity said to be contained in the within Plan,
and in case the same does not interfere with any other or former
Grant; and that said Ephraim Keys have liberty to lay out forty
eight Acres and seventy rods of the unappropriated Lands of this
Province in order to compleat his Grant of Three hundred Acres.
[Passed November 1. -
CHAPTER 121.
RESOLVE ON THE PETITION OF CAPT. HENRY YOUNG BROWN
REGARD TO THE SETTLEMENT OF A TOWNSHIP, ETC.
m
Legislative
Records of the
Council, xxvi.,
93, 103.
Mass.
Archives,
cxviii., 87, 158.
House Jour-
nal, pp. 149, 159.-
Province
Laws, xvii.,
429, chap. 114;
522, chap. 26.
A Petition of Henry Young Brown Setting forth That he
did in consequence of a Grant of the General Court 23'' January
1764 lay out a Township on each side of Saco River above the Town
laid out by Col" Frye and returned a plan thereof which was ac-
cepted and confirmed by the Court on certain conditions. That he
hath removed his Family to said Township and done his utmost to
forward the Settlement of it, but is interrupted by one Daniel Foster
and others who claim the greater part of the said Township by Virtue
of a Grant from the Governor of New Hampshire. And praying the
interposition of this Court.
Read and
Resolved that the petitioner Henry Young Brown be directed to
go forward in his improvements and Settlements in the Township
purchased of this Province & mentioned in his Petition. And if
any persons should attempt to lay out any of the Lands within said
Town or make any Settlements there, the said Petitioner Henry
Young Brown should properly warn them against laying out any
[2d Sess.] Province Laws (i?esoZves, e^c). — 17G5-66. 05
of the Lands or making any Settlement within the bounds of said
Town; and if the Petitioner should meet with any ditlicultics of
that sort, that he make information to this Court of the same, who
will be ready to afford him such relief as shall be judged best. And
be it further
Resolved that his Excellency be desired to write to the Governor
of New Hampshire desiring him to move it to the Assembly of that
Province to appoint a Committee to join with a Committee of this
Government to run the Line between that Government and the
Province of Maine so called, that so the affair may be amicably
settled between the Governments. \_Passed November 1.
CHAPTEE 122.
RESOLVE CONFIRMING A GRANT OF AN EQUIVALENT TOWNSHIP TO
THE PROPRIETORS OF BERNARDSTOWN.
A Plan containing 7,350 Acres laid out on Hoosuck Mountain Legislative
to satisfy a Grant made by the Great and General Court June 25*'' councn^, xxvlt
1765 to the proprietors of Bernardston who had their Lands taken off io4. M:ji3s and
by the runing the Line between the Massachusetts & New Hampshire xx'xviV., s.''
Dated October 24*'' 17G5. and Signed Moses Hawks Surveyor was House Jour-
presented to the Court for allowance. Whereupon the following passed n^^'. pp-^j^^'^. 159.
viz* P- 44, chap. 85.
ResoWd That this Plan of Land Containing Seven Thousand
Three hundred and fifty Acres Laid out to Satisfy a Grant of Land
made to y" Proprietors of Bernardstown, who lost their Land by
y*' Euning of y*^ line between New Hampshire and this Province.
Be Confirm'd Provided it Does not exceed y^ Contents of y® Grant
nor Interfere with any former Grant. \_Passed November 1.
CHAPTER 123.
ORDER ALLOWING £2 TO RICH" WILDE.
A Petition of Eichard Wilde of Shutesbury setting forth That j^®?'^.!?,^'"^?.,^
the petitioner was a Soldier in the pay of the Province in Col° Salt- counciit xxvi.,
tonstal's regiment in 1760 That he was sent Sick from the Camp ^rchi^esf"
to Albany where he remained sick some time, and afterwards lay ixxx., satl
Sick on the Eoad before he got home where also he remained Sick Mass.
for two Months; that he applied to the Court for relief the same ixxx.^s^-
year or the year after, and was informed that the House granted ^a"i"pp'\*^o^i6i
him forty shillings but that by some accident his Petition was mis- i62.'
laid before it got thro' and praying that his case may now be con-
sidered.
Eead and
Ordered that the Sum of two pounds be paid out of the publick
Treasury to m"" David Wilder for the Use of the Pef in full for his
sufferings mentioned. [^Passed November 1.
66
Province 1j aw s {Resolves, etc.) . — 1765-66. [Chaps. 124, 125.]
CHAPTEE 124.
ORDER DIRECTING THE PROVINCE TREASURER TO APPLY FOR AND
RECEIVE MONEY DUE PROVINCE IN THE HANDS OF THE REGISTER
OF THE COURT OF VICE ADMIRALTY.
Legislative
Kecords ot the
Council, xxvi.,
105. Mass.
Archives,
xliv., 575.
House Jour-
nal, pp. 217, 223
(February,
1765) ; pp. 162,
163.
In the House of Rep'^"''
Whereas this House have been informed that a Sum of Money
has been decreed by the Judge of the Court of Vice Admiralty, to
this Province as it's part of forfietures, which money is now in the
hands of the Register of said Court.
Ordered that the Treasurer of the Province be and liereby is im-
powered and directed to apply for and recieve said money for the
Use of the Province and give a discharge for the same.
In Council
Eead and Concurred. \^Passed November 1.
CHAPTEE 125.
ORDER CONFIRMING A GRANT OF A TOWNSHIP TO THE ORIGINAL
GRANTEES OF ROWLEY CANADA.
Legislative
Records of the
Council, xxvi.,
105. Maps and
Plans, Mis.,
xlviii., 9.
House Jour-
nal, pp. 25, 104,
158, 161.
Ante, p. 47,
chap. 92.
A Pl.vn of a Township of seven Miles square granted to Benja-
min Mulliken and Others, as certified by Moody Bridges Surveyor
was laid before the Court for Allowance. "Whereupon the following
Vote passed viz' In the House of Representatives. This Plan
of a Township of Land of the Contents of seven Miles square
granted to Benjamin Mulliken Esq"" and other original Grantees of
a Township called Rowley Canada, which Town by the late runing
the Line between this Province and the Province of Kew Hamp-
shire fell within the bounds of the Government of Kew Hampshire
to them and their legal Representatives & assigns & by them laid
out on the East side of Saco River, bounded firstly with a pine
Tree, the East Corner bound of Col° Joseph Frye's Township, thence
South 35 degrees East nine Miles to a stone set into the ground
thence East 25 degrees North six Miles & a half to a stone set into
the ground, thence North 25 degrees West nine Miles to a stone into
the ground, thence West 25 degrees South six Miles & a half to the
first Bound, was presented for acceptance, and accordingly
Ordered that it be & hereby is Accepted & the land therein Con-
tained is Confirmed unto them the s** Original Grantees of s^
Rowley Canada So Called their Heirs & Assigns forever they Com-
plying with the Conditions of the Grant & Settle Fifty one Fam-
ilies Pursuant to An Agreement they have Since Come into over
& above the Thirty mentioned therein Avithin Six years from this
Date Provided the Same Doth not Exceed the Quantity of Seven
Miles Square Exclusive of Six Thousand & Eighty Acres Allowance
for ponds Mountain k Bogg therein Contained nor Interfere with
any Former Grant. \_Passed November 1.
[2d Sess.] Province Laws {liesolves^ etc.). — 1765-66. 67
CHAPTEK 126.
ORDER IMPOWERING W" PARSONS & OTHERS TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of William Parsons, Nathaniel Parsons & Willard Legislative
Parsons Setting forth, That tlieir Father William Parsons late co'uncif.xxvL,
of Glocester deceased by his last Will and Testament having given 11!!!:
his Keal Estate to and among his Children (part where of is thought ^°"^,*^ '{"i"!:^
to be thereby entailed) ordered his Debts to be paid by them in
proportion: That the Debts amount to £1,525.5.10 more than the
personal Estate : That the petitioners proportion of said Debt amounts
to upwards of Three hundred pounds each, which they can discharge
only by the Sale of some part of the Lands; and that it would be
most convenient for them to dispose of some part of the Estate
supposed to be entailed in order to discharge such debts. And pray-
ing that they may be impowered to make Sale of so much of the
said Estate as shall be sufficient to discharge their proportion of
the said Debts.
[Read and]
Ordered that this Petition be revived ; And that the prayer thereof
be granted: And the Petitioners are hereby fully authorised and
impowered to make Sale of so much of the Real Estate of their
Father William Parsons deceased of which he died Seized in fee
and which he gave them by his last Will and Testament as shall
enable them to pay their respective proportions of the Debts of
their said Father according to the directions of his Will; and they
are also hereby fully impowered to make and Execute a good Deed
or Deeds in Law of the Lands they may sell for the purposes afore-
said. \_Pa8sed November 4.
CHAPTER 127.
ORDER ALLOWING THE ACCOUNT OF PAYMENTS BY TIMOTHY WOOD-
BRIDGE TO THE STOCKBRIDGE INDIANS.
An Account of Timothy Woodbridge Esq' was laid before the Legislative
Court of the money by him paid to the Stockbridge Indians as Kecordsofthe
Agent for said Indians in conveying their Lands to the Govern- los. Mass'.
ment lying in the Western part of the Government, whereby it xxxuCllw.
appears that he had paid them of the purchase money to the amount ^^i[^_
of Fifteen hundred and seventy three pounds, four shillings & three Archives,
J i- ^ t> xxxili., 351.
pence. House Jour-
Whereupon the following Order passed viz* Pravmce'*' ^^^'
Read and Laws, xv., 354,
Ordered that the within account be allowed He having paid them ^ '^^'
(the said Indians) to the Amount of fifteen hundred and seventy
three pounds four Shill^s and three pence. And that the Treas-
urer be directed to discharge him the Accomptant to the amount
of that Sum upon the Bond the s'^ Accomptant gave to the Govern-
ment for Moneys He had out of the Treasury for the purpose afore-
said. l^Passed November 6.
68
Province Laws (i?esoZ2;e.s,ete.). — 1765-60. [Chaps. 128-130.]
CHAPTER 128.
ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING THE EXCISE
ON TEA, COFFEE AND CHINA WARE FOR THE COUNTY OF LINCOLN
AND ALLOWING £2. I FOR THE EXPENSE THEREOF.
Legislative
Records of the
Council, xxvi.,
109.
House Jour-
nal, p. 168.
Province
Laws, xvii.,
534, chap. 59.
The Committee appointed to farm out the Excise on Tea, Coffee
& China ware in the County of Lincoln reported that they had Sold
the same to CoP Charles Cushing and taken his Bond for the amount
which they had lodged with the Province Treasurer: And pray an
allowance for the charges attending the Sale amounting to £2.1.
Eead and accepted : And
Ordered that the Sum of Two ' pounds, one sliilling be allowed
the Committee out of the public Treasury for their service in the
affair. [^Passed November 6.
CHAPTER 129.
Legislative RESOLVE ALLOWING PROVINCE LAW BOOKS TO HARVARD COLLEGE.
Records of the
Council, xxvi.,
109. Mass. itesoZycrZ that a present be made to the Library at Harvard Col-
iviii.,.^!.' lege of the perpetual and temporary Laws of the Province at the
House Jour- pubHck Charge. [^Passed November 6.
nal, p. 173.
CHAPTER 130
RESOLVE ADJOURNING COURTS IN BRISTOL COUNTY.
Legislative
Records of the
Council, xxvi.,
109.
House Jour-
nal, p. 172.
Province
Laws, iv.,737,
chap. '20; v., 65,
note.
Whereas the Court of General Sessions of the peace and Infe-
rior Court of Common pleas are by Law appointed to be held at
Taunton in the County of Bristol on the third Tuesday of Novem-
ber Instant, and it is apprehended that but little if any business
will be done at said Courts. Wherefore
Resolved that the said Court of General Sessions of the Peace
and Inferior Court of Common pleas which by Law are to be held
at Taunton aforesaid on the said third Tuesday of Novem"" instant
be and hereby are adjourned to the third Tuesday of February next
to be held at the Court House in the said Town of Taunton at ten
O'clock in the forenoon of said day: And all pleas, Writs, Actions,
suits Complaints, processes, jDrecepts, Recognizances and otlier thing
or things whatsoever returnable and having day or days in the said
Courts shall stand valid and continue unto the said Adjournment,
and be held deemd and adjudged to be as good, effectual and avail-
able in Law to all intents & purposes whatsoever, as if such Court
had been held & kept on the day by Law for holding the same, and
no Adjournment thereof had been made. \^Passed November G.
* The House Journal, p. 1G8, reads, £1. 1.
[2i) Sess.] Province Laws {Resolves, etc.). — 17G5-GI). 69
CHAPTER 131. ;
RESOLVE ADJOURNING COURTS IN BARNSTABLE COUNTY.
Whereas the Court of General Sessions of the peace and Infe- Legislative
rior Court of Common pleas are by Law appointed to be held at councif xxvl?
Barnstable in the County of Barnstable on the first Tuesday in '^}^ '_
December next, and it is apprehended that but little if any business House Jour-_
will be done at said Court. Therefore, Province' '
Resolved that the said Court of General Sessions of the peace cifap%o^'' '^"'
and Inferior Court of Common pleas which by Law are to be held
at Barnstable aforesaid on the first Tuesday in December next, be
and hereby are Adjourned to the first Tuesday of April next to be
held at the Court House in the said Town of Barnstable at ten
o'clock in the forenoon of said day: And all pleas Writs, Actions,
Suits, Complaints, processes, precepts, Eecognizances and other
thing or things whatsoever, returnable and having day or days in
the said Courts, shall stand valid and continue unto the said Ad-
journment, and be held deemed and adjudged to be as good effectual
and available in Law to all intents and purposes whatsoever as if
such Court had been held and kept on the day by Law for holding
the same, and no Adjournment thereof had been made. \^Passed
Novemher 6.
CHAPTEE 132.
RESOLVE IMPOWERING THE GUARDIAN OF THE PUNKAPOG INDIANS
TO BIND OUT CHILDREN.
Resolv\l that M"' Joseph Billing Guardian to the Punkapog Indians Legislative
be order'd and Derected, to take the Same Care of the Melattoes, coSnSxxv'i^
Children of the Punkapog Indians, as of the other Indians, and m. Mass.
he is also hereby impower'd to Bind out the Said melatto Children xxxiiilflss.
in the Same manner as he is Directed to Bind out the other Indians, House Jour-
and that he Repay to the Treasurer of the Town of Milton the Sum ^^^' ?• i"*-
they have advanc'd for the afores*^ Indians, Provided the Same Ex- Laws, xvii.,
ceed not the Sum of three pounds. [Passed November 7. Se^'p.'isf'^^'
chap. 79.
CHAPTER 133.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
ISAAC DUPEE TO BRING FORWARD A WRIT OF REVIEW.
A Petition of Isaac Dupee of Boston Setting forth That he Legislative
agreed with one Jeremiah Russell to repair for him a certain Build- councff xxv^^
ing for which he was to be allowed what should be adjudged reason- ii2- \
able by Mess" Joy and Stutson two Carpenters, and to take his pay House Jour-
out of the Rents as they should become due. That the said Russell '^^'■p-^'*-
notwithstanding the Agreement aforesaid commenced an Action
against the Petitioner for the Sum of £230 which was carried up
by Demurrer to the Superior Court, where while he was with leave
70
Province JjA^f^ {Resolves, etc.). — 1765-66. [Chaps. 134, 135.]
of one of the Judges gone in search of his Witnesses, his Attorney
being also absent, the case went against him, and he was Ordered
to pay upwards of £230 and costs for which Execution is now out
against him, since which JVP Joy has declared that he was mistaken
in the Evidence he gave, and M"^ Stutson was never called upon to
give evidence at all. And praying that he may be impowered to
review the said Action, and that execution may be stayed in the
meantime
Read and
Ordered that the Petitioner serve the adverse party Jeremy Rus-
sell with a Copy of this Petition that he shew cause if any lie hath
on the first Friday of the next Session of this Court why the prayer
there of should not be granted, and that Execution mentioned be
stayed in the meantime. [Passed November 7.
Legislative
Records of the
Council, xxvi.,
113.
House Jour-
nal, pp. 163, 175,
176. Province
Laws, xvii.,
151, chap. 352.
CHAPTER 134.
RESOLVE THAT THE POLLS AND ESTATES OF THO^ CARTER & OTHERS
PAY TAXES ONLY IN THE FIRST PRECINCT IN LEOMINSTER.
A Petition of Thomas Carter, Thomas Gowing and David Wilder
Setting forth That they are freeholders in the Town of Leominster
& live upon Estates which they bought of persons belonging to the
second parish, although their persons were not Voted off to the said
second parish in the late Settlement made in said Town ; That being
thus circumstanced, they are assessed in both Parishes. And pray-
ing an Explanation of the Act or Order of the Court for incorporat-
ing the said second parish that so they may not be thus subject to
do double duty.
Read and
Resolved that the prayer of the Petition be granted, and that the
Polls and Estates of the Petitioners be exempted from paying Taxes
to the second precinct in Leominster, and be held to pay Taxes only
to the first precinct in said Town where they attend public Worship.
\^Passed November 7.
CHAPTER 135.
RESOLVE IMPOWERING THE STOCKBRIDGE INDIANS TO SELL A
TION OF THEIR LANDS TO PAY THEIR DEBTS.
POR-
Leglslatlve
Records of the
Council, xxvi.,
108, 113. Mass.
Ai'chives,
xxxiii., 359.
Mass.
Archives,
xxxiii., 311-16,
356-8. Legisla-
tive Records
of the Council,
xxvi., 34, 63, 99,
108,111. House
Journal, pp. 34,
94,150,151,158,
180, 181.
A Petition of Tim° Woodbridge Esq" Praying that a Petition
of Jacob Cheeksonkun and other Indians of Stockbridge may be
taken up and considered together Avith the report of a Committee
of this Court thereupon, and that said Report may be accepted, or
that some method may be devised to preserve said Indians from
inevitable Ruin which will come upon them, if they are not enabled
to discharge their Debts.
The Committee on the Petition of Timothy Woodbridge Esq""
praying that the Petition of Jacob Cheeksonkun [Legislative Rec-
ords of the Council, xxvi., 34] and others Stockbridge Indians may
be revived and acted upon: Said Committee have attended that ser-
vice, and after mature consideration are of opinion and accordingly
[2i) Se8S.] Province hxw^ {Resolves, etc.). — 1765-G6. 71
report that the prayer of the Petition of J.icoh Cheeksonkun & others
Stockbridge Imliiuis be grunted, and that they be and hereby are
impowered to make Sale of so much of tlieir Lands lying in the
Town of Stockbridge aforesaid, as will be sulhcient to discharge
tlieir just debts and to redeem their Lands they have suljjected to
pay tlie same; and that the Sale of said Lands be under the care &
inspection of Tim" Woodbridgo and John Ashley Esq" who shall
see that no injustice be done in the Sale of the same, and in apply-
ing the proceeds of the Sale to the purposes aforesaid.
And tliat Tim° Woodbridge and John Ashley Esq" be also im-
powered to take care of the improved Lands of the said Indians,
and that on Leasing the same, the term shall not exceed one year,
or until the Further Order of this Court; and that the profits aris-
ing therefrom be properly applied for the use of the Owners thereof :
and that the said Timothy Woodbridge and John Ashley be account-
able to this Court for their doings therein.
Said Committee further Keport that James Otis Esq'' with such
as the Hon^'^'^ House shall join be a Committee to bring in a Bill
for the further securing the Lands belonging to the Stockbridge
Indians at the next Session of the General Court.
Signed in the name of y^ Com*''^ Tho® Hubbard,
In Council
Eead and Accepted And
Resolved That the foregoing Report pass into an Order of this
Court, and the same is hereby made an Order of this Court accord-
ingly.
In the House of Rep"*^^
Read and concurd and M"" Gray and CoP Richmond are Joyned
in the affair. \^Passed November 7.
CHAPTER 136
ORDER ALLOWING £21. 14 TO CORD CORDIS.
Cord Cordis having presented an Account for entertaining the Legislative
Council and House of Representatives on the 35"' day of October councf f xx vl*'
being the day of his Majesty's Accession, the following Order passed ns.
thereon viz' House Jour-
-tteau. ancl Province
Ordered that the above Account be allowed, and that there be Laws, iv., loso.
granted to the Accomptant the Sum of Twenty one pounds, four-
teen shillings out of the Province Treasury accordingly. [Passed
November 8.
CHAPTER 137.
RESOLVE ALLOWING PROVINCE LAW BOOKS TO THE TOWN OF Legislative
CHARLEMONT. Records of the
Council, XXVI.,
116. Mass.
Resolvd that y*^ Town of Charlemont be supplyd with y® Statutes ^^4^^*55^^
and Temporary Laws of this Province at y*^ Province Charge. \ Passed — — '-^ — —
-.T T ^ r, "^ •' oL House Jour-
Jsovember 8. nai, p. i85.
72
Province Laws {Resolves, etc.). — 1765-60. [Chap. 138.]
CHAPTER 138.
Legislative
Records of the
Council, xxvi.,
117. Mass.
Archives,
xxii., 467.
Legislative
Records of tlie
Council, XXV.,
421. House
Journal,
pp. 167, 179, 180.
RESOLVE DIRECTING THE PROVINCE TREASURER TO REMIT £200 EACH
TO DENNYS DE BERDT AND RICHARD JACKSON, AGENTS.
Resolved That the Treasurer of the Province be, and he hereby
is directed to remit to Dennis Deberdt Esq, who the House have
chosen their special Agent, the Sum of Two Hundred Pounds
sterling, to enable him to solicit and pursue the several Petitions
agreed upon by the late Congress of the British Colonies at New
York: And Whereas the Vote of the House of Representatives,
passed the T**" Day of March last and on the same Day concurred
by the Hon^ Board, directing the Secretary to write to Jasper Mau-
duit Esq to pay into the Hands of Richard Jackson Esq the Sum
of Two Hundred Pounds ster^ in Case he should take the Agency
upon him, to enable him to transact the Affairs of this Province,
was not consented to by the Governour; therefore
Resolved that the Treasurer be and he hereby is also directed to
remit to the said Richard Jackson Esq the Sum of Two Hundred
Pounds sterling, in Lieu of the like Sum voted as aforesaid, to enable
him to solicit the Petitions abovementioned, and to carry on the
other Affairs of the Province at the Court of Great Britain The
said Gentlemen to be accountable for the respective Sums they may
receive. \^Passed November 8.
[3d Sess.] Province Laws {Resolves, etc.). — 1765-66. 73
RESOLVES, ORDERS, VOTES, ETC.
Passed at the Session begun and held at Boston,
ON the Fifteenth Day of January, A.D. 1766.
CHAPTER 139.
ORDER ALLOWING COPIES OF THE JOURNALS OF Y^ HOUSE TO Y^ Legislative
COLLEGE. Kecords of the
Council, XXVI.,
1-24. Mass.
Ordered that the Journals of the House be delivered to the Use ^^^"sfl;
of Harvard College at the publick Charge. \^Passed Januarij 16. House Jour. —
nal, p. 194.
CHAPTER 140.
ORDER ALLOWING PROVINCE LAW BOOKS TO THE TOWN OF FITCH- Legislative
BURG. Records of the
Council, xxvi.,
1-24.
Ordered that the Town of Fitchburgh be allowed a set of the House Jour.
Province Laws at the public Charge. {^Passed January 16. nai, p. 193.
CHAPTER 141.
ORDER IMPOWERING LYDIA BALL TO BRING FORWARD HER PETITION
IN REGARD TO A HIGHWAY.
A Petition of Lydia Ball of Worcester setting forth that the Legislative
Court of General Sessions of the peace for the County of Worces- counclf xxvl
ter, did in May 1763 upon the Petition of John Green & Robert 1-25. Mass.
Crawford, order a Road to be laid out thro' the petitioners Land cxxi.,439'.
not only for the accomodation of the said Petitioners, but for the Mass.
benefit also of the said Town, as is set forth in the return of the ^xxl^lls!
Committee appointed to lay out the same; altho' the Town had House Jour- _
before upon application made to them by the same petitioners re- province '
fused to accept of such way. That the Petitioners Estate is greatly Jjfa^^a"^^''
damaged by such v/ay, and She thereupon has applied to the Court
of Sessions for an Indemnification ; but her application having been
made after the time limitted by Law therefor of which limitation
she was ignorant. She could obtain no Redress. And praying Relief.
Read &
Ordered that the Prayer of the Petition be So farr Granted ; as
That the Petitioner Be and hereby is authorized & Impowered, to
Preffer her petition to the Court of General Sessions of the Peace
74
Province Laws (i?esoZves,ete.). — 1765-66. [Chaps. 142,143.]
next to be holden; within and for the County of Worcester on the
Second Tnsday of may Xext Ensueing and that the Justices of y*
s<^ Court, be and hereby are Directed & Impowered; Either to Dis-
continue S*^ way or to Inquire Into the Damages by a Jury to be
Summoned for that purpose by the Sherriff or Coroner of Said
County; and make up Judgment with respect to Damages, accord-
ing to the verdict of that Jury; The Time by law for Such peti-
tion being Elapsed notwithstanding. [Passed January 18.
CHAPTEK 142
Legislative
Records ot the
Council, xxvi.,
126.
Legislative
Records of the
Council, xxvi.,
125. House
Journal,
pp. 174, 203, 208.
Ante, p. 69,
chap. 133.
ORDER IMPOWERING THE CLERK OF THE SUPERIOR COURT TO TAKE
BOND OF ISAAC DUPEE FOR REVIEWING AN ACTION, AND STAYING
EXECUTION UPON THE JUDGMENT MEANTIME.
The Committee appointed the IS'"" Instant on the petition of
Isaac Dupee [ante^ p. 69, chap. 133] the following Order passed
thereon viz'
Eead and Accepted: And
Ordered that the Clerk of the Superior Court of Judicature &c
be and he hereby is authorised and impowered to take Bond of the
petitioner Isaac Dupee for reviewing the Action in his said Peti-
tion mentioned, at the said Superior Court at their next term for
the County of Suffolk ; and the Justices of the said Court are hereby
impowered then to hear and try the said Action, and make up Judg-
ment and award Execution thereon as fully as they miglit have done
in case the said Bond had been given at the time of making up Judg-
ment on the action: x\nd that Execution be stayed till final Judg-
ment on the Review, provided the Review be brought at the next
term. [Passed Jamcary 21.
CHAPTER 143.
RESOLVE ALLOWING £6 AND AN ANNUAL PENSION OF £6 TO ROB^
MILLER.
Legislative
Recoi'ds of the
Council, xxvi.,
127. Mass.
Archives,
Ixxx., 602.
House Jour-
nal, pp. 205,208.
Province
Laws, XV., 180,
chap. 27.
A Petition of Robert Miller of Philipstown Setting forth That
in the year 1745 he lost his Arm near his Shoulder in the Service
of this Province at Louisbourgh : That [for] about eight years after-
wards the General Court granted him a pension of Three pounds
^ Annum, and that he is now far advanced in life And praying for
some further allowance.
Read and
Resolved that the prayer of the Pe*° be so far granted, as that
the Sum of Six pounds be allowed and paid out of the publick
Treasury to Jonathan Sayward Esq'' for the Use of the Pet' in full
for the time past. And that an Annual pension of six pounds
be also allowed to the Pef from this day till the further Order of
this Court. [Passed January 21.
[3i) Sess.] Province Laws (i^esoZve-s-, e^c). — 1765-66. 75
CHAPTER 144.
ORDER ALLOWING PROVINCE LAW BOOKS TO THE DISTRICT OF Legislative
STOUGHTONHAM. |!^'X-n xxv^
\3i. ' '
Ordered that the District of Stoughtonham be allowed a set of House Jour-
the Province Laws at the public Charge. [Passed January 22. naiiP-209.
CHAPTER 145.
RESOLVE IMPOWERING THE" HOYT TO SELL REAL ESTATE AND MAK- .
ING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Theodore Iloyt of Almsbury praying liberty to Legislative
Sell a part of the Real Estate of his late Father Robert Hoyt de- counclf, xU^^,
ceased for the support of the Petitioners aged mother. i33. ^
Read : And it appearing that all the Heirs of Aaron Hoyt living Legislative
within this Province have been notified of the contents of this couneif.xxvi^
Petition, and have expressed their willingness to have the prayer jo'^i^rtmf^^''
thereof granted. pp.173, its, 2i(i.
Resolved That the prayer of the said Petition be granted : and La\v8'ji?, 151,
that Theodore Hoyt be, and he hereby is authorised and impowered *^^'^i^- ^'*-
to make Sale of the premises, for the most they will fetch (or so
much thereof as shall be thought needful) for the support of his
said aged Mother, and to make and Execute a good Deed or Deeds
thereof in Law, He observing the rules of Law for the Sale of Real
Estates by Exec" and Admin", and giving sufficient caution to the
Judge of the Probate of Wills &c for the County of Essex that the
proceeds arising by such Sale shall be applied for the support of
his said aged Mother; and the overplus (if any be) preserved and
secured for the benefit of the Heirs. [Passed January 22.
CHAPTER 146.
ORDER ALLOWING £5. 8 TO DENNIS TOWNEY.
A Petition of Dennis Towney Setting forth That he inlisted ^Ifords'of^th
in his Majesty's Service the 14"> of March 1762 under Cap' Will™ coiincif, xxvl,
Barron in the pay of this Province, and was sent to Castle William ArchWesT'
in order to go to Halifax, but falling sick there, he did not proceed ixxx., eno.
thither, but was afterwards ordered to join Cap' Turner's Company Mass-
at Albany, where he was impressed by Col° Bradstreet to go to the ixxx-Jeoo.
Havanah, and there served till June 1763 for all which Services he naTppS^i-i.
hath received no pay. And praying an allowance
Read and
Ordered that the Pef be allowed out of the publick Treasury the
Sum of five pounds eight Shillings in full for the time He was in
the Province Service. [Passed January 23.
76
Province I^aw^ {liesolves, etc.). — 11 i^5-i^(). [Chaps. 147, 148.]
CHAPTEK 147.
Legislative
Records of the
Council, xxvi.,
135.
House Jour-
nal, pp. 166, 167,
2-24. Province
Laws, ii., 151,
chap. 10.
RESOLVE IMPOWERING BENJ^ JOHNSON, ADM«, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Benj'' Johnson of Lynn Admin'' of the Estate of
Richard Johnson late of said Lynn Cordwainer deceased Setting
forth That the whole Estate of the said deceased hoth Real and
personal falls short of the amount of his Debts the Sum of Twenty
nine j^ounds, and has been accordingly represented Insolvent. And
praying that he may be impowered to make Sale of the deceaseds
Real Estate for the payment of his Debts.
Read and
Resolved, That the prayer of the Petition be granted, and that
the Petitioner be and he hereby is impowered to make Sale of all
the Real Estate of the deceased within mentioned for tlie most the
same will fetch, and to make & Execute a good deed or deeds thereof
in the Law, He observing the directions of the Law for the Sale of
Real Estates by Exec""^ & Admin", and giving sutficient caution to
the Judge of Probate for the County of Essex that the proceeds
arising by such Sale shall be applied to the payment of the Just
debts of the said deceased, and the Overplus (if any be) secured
for the benefit of the Heirs. \^Passed January 27.^
CHAPTEK 148
Legislative
Records of the
Council, xxvi.,
138. Mass.
Archives, cxi.,
548.
Mass.
Archives, cxi.,
547. Legisla-
tive Records of
the Council,
xxvi.. Ill, 137.
House Jour-
nal, pp. 176, 219,
220, 228.
RESOLVE GRANTING TO MARG'^ MOORE LICENCE TO KEEP AN INN.
A Petition of Margaret Moore of Boston Widow Setting forth,
That the House she lives in has been for many years past Licensed
and improved as a public House, and that she hath obtained the
approbation of the Selectmen of the said Town to carry on the same
business therein. And praying that the Court of General Sessions
of the peace next to be liolden at Boston, may be impowered to
grant her a License, the term for so doing being elapsed notwith-
standing.
Read and
Resolved that this Pet° be revived and that the Justices of the
Gen^ Sessions of the peace for the County of Suffolk be impowered
(if they see cause) to grant the Pef a Licence at their present ses-
sion. (She first obtaining the approbation of the select Men of Bos-
ton) the time for granting Licences being elapsed notwithstanding.
[Passed January 27.
* This date is according to the House Journal ; according to Legislative Records of the
Council the date is January 23.
[oj) Sess.] Province Laws {Resolves, etc.). — 17(55-66. 77
CHAPTER 149.
ORDER ALLOWING ACCOUNT OF THE GUARDIANS OF THE PLYMOUTH
COUNTY INDIANS.
An Account of the Guardians of the Indians in the County of ^^'^'?^'^f.,
Plymouth Signed Josiah Edson, Nath' Smith, Jn" Turner having council, x.wi.,
been presented for allowance : the fo-llowing Order passed thereon Archive's^^'
yjz'. xxxiii., 3Hf).
Read and Mass.
Ordered that the within Ace* be allowed, and that the ballance xxxiiu 364.
due to the said Indians being one hundred and thirty one pounds "y" jf 2?j"^"
Nineteen Shillings and one farthing the within named Guardians I'rovince
are still to be accountable for. [Passed January 27. chA^.'^T^otQ.'
CHAPTER 150.
ORDER IMPOWERING JOSIAH WHEELER, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Josiah Wheeler of Concord admin"" of the Estate Legislative
of Will™ Burridge late of said Concord Husbandman dec'^ Setting counc'if xxw^
forth That the deceaseds personal Estate is not sufficient to pay i39.
his just debts. And praying that he may be impowered to make Sale House Jour-
of two third parts of said deceaseds Real Estate, the same consist- provmcf "
ing of Orcharding, Mowing and Plowland, pasturage and Wood- chlTi^'io"' ^^^'
land, the whole containing about thirty nine Acres lying in Concord
aforesaid ; the produce to be applied so far as is needful for the dis-
charge of the said deceaseds Debts; He to be accountable.
Read and
Ordered that the prayer of the Petition be granted, and the Peti-
tioner be and hereby is impowered to make Sale of the said two
thirds for the most they will Sell for, and to make and execute a
good Deed or Deeds thereof in the Law; he observing the rules of
Law for the Sale of Real Estates by Executors & admin""^ and giving
suitable caution to the Judge of Probate for the County of Middle-
sex that the proceeds arising by such Sale shall be applied for the
payment of the deceaseds debts, and the Overplus, if any be, secured
for the benefit of the Heirs of the said deceased. [Passed Jan-
uary 28.
CHAPTER 151.
RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION
OF CAD. FORD FOR A WRIT OF REVIEW.
A Petition of Cadwallader Ford of Wilmington Setting Legislative
irth That at an Inferior Court held at Pownalboro' within and cou°^n^^-t*
for the County of Lincoln in June 1764 he brought his Action of i39^
Ejectment against Joshua Farnham of Woolwich in said County House Jour-
demanding possession of Two hundred Acres of Land in said Wool- °^^'P1'-"*^'-
wich value £200 in which action the Defendant recovered Judg-
78
Province LAws(i?esoZves,ete.). — 1765-66. [Chaps. 152, 153.]
ment for Costs, from which Judgment the Petitioner appealed to
the Superior Court held at Falmouth which Action came to tryal
in June 17G5, and was committed to the Jury on Saturday after-
noon ; the Court then being in hast to rise, and waiting only for the
Verdict of the Jury on the said Action, which was brought in against
the petitioner, for want of sufficient time, as some of tlie Jury have
since declared, to examine the Case with attention, and praying for
liberty to review the said action.
[Read and]
Resolved that the petitioner serve Joshua Farnham with a Copy
of this Petition that he shew cause if any he has on the second
Wednesday of the next sitting of the General Court why the prayer
thereof should not be granted, and that Execution be stayed in the
meantime. [Passed January 28.
CHAPTER 152.
RESOLVE CONSTRUING AN ORDER IN REGARD TO PROCEEDINGS AT
A TOWN MEETING IN BELLINGHAM.
Legislative TnE FOLLOWixf; Order passed on the Memorial of the Assessors
Records of the » , m p -i-, ^^■ ^ r- T 1 • p /«• T
Council, xxvi., 01 tlie lowii 01 Belliiigham [m regard to choice oi town ofiicersj
^^ ^ viz'
p. 28, chap. 46.
narppS2]9, Resolved that the Order of the General Court on the 19''' of June
225,' 226. Ante, last Confirming the proceedings of the Town of Bellingham at their
Meeting on the 6*'' of March last, for the choice of Town oflticers,
and impowering the Selectmen then chosen to call a Town Meeting
of said Town for the choice of all such other Town Officers that
were not chosen on the said sixth of March as Towns are required
by Law to choose in the month of March annually, ought not to
be construed and understood to impower the Town of Bellingham
to choose an additional number of Selectmen and assessors to tliose
chosen on the said sixth of March ; but only of such other kind of
Town Officers that were not then chosen, and that all the proceed-
ings and doings of the said additional Selectmen & Assessors be,
and are hereby declared illegal null and void : And that the Select-
men and assessors chosen by that Town on tlie said sixth of March
be deemed and adjudged the only legal Selectmen and Assessors of
that Town, [Passed January 28.
CHAPTER 153.
ORDER IMPOWERING JOHN JOY, ADM"*, TO SELL REAL ESTATE AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
140.
Legislative
Records of the
Council, xxvi.,
116. House
Journal,
pp. 176, 234, 235.
A Petition of John Joy of Boston Setting forth That he pre-
ferred a Petition to this Court in the last May Session, praying that
he might be impowered as Admin"' of the Estate of his Father John
Joy deceased late of Sherburn, to make Sale of his Real Estate,
for the payment of debts, the said deceaseds Estate being repre-
sented Insolvent, and praying that he may be impowered to Sell the
same accordingly.
[3d Sess.] Province Laws {Resolves, etc.). — 1765-66. 79
Read and . . , , S^r".!..!.
Ordered that the petition heroin referred to, be revived, and that chap. lo.
the prayer thereof be granted and the petitioner be, and iiereby is
impowered to make Sale of the premises for the most they will fetch,
and to make and execute a good and sutlicient deed or deeds thereof
in the Law; he observing the rules of Law for the Sale of Real
Estates by Exec" and Admin" and giving sutlicient caution to the
Judge of Probate for the County of Middlesex that the proceeds
arising by such Sale shall be applied for the payment of the just
debts of the deceased; and the overplus (if any be) secured for the
benefit of tlie Heirs, reserving the income of one third part of said
Overplus for the Widows use and benefit instead of Dower. [Passed
January 31.^
CHAPTEK 154.
RESOLVE ALLOWING £3 YEARLY FOR FOUR YEARS TO DANIEL DRUCE.
A Petition of Daniel Druce of Grafton Setting forth That Legislative
in the year 1760 he was a Soldier in the pay of the Province at counciu xxvi.^
Crown point, and on his return home was taken ill of the Small Archi^es^^'
pox, which left him with a Sore on one of his Leggs that hath been ixxx., 591.
growing worse ever since, and that having expended what little he Mass.
had, he cannot now subsist without help. And praying relief. K^xi"^59o mi
[Read and] n^i^t'-^k'm.
Resolved that there be allowed & paid out of y" Publick treasury
to M'' Ephraim Shearman of Grafton for y*^ use of Daniel Druce of
said Grafton y'^ sum of three pounds yearly & every year during y"
term of four years & that y® said Shearman be allowed to Receive
y^ first tliree pounds abovementioned In y* month of February next,
in consideration of y** s'^ Druces lameness. [Passed January 31.
CHAPTER 155.
RESOLVE REMITTING TWO THIRDS OF A JUDGMENT AGAINST ALEX«
ROSS.
A Petition of Alexander Ross Esq"' of Falmouth Setting forth Legislative
That he presented a petition to this Court, praying for the reversal council, xxvif,
145.
of a Judgment obtained against him by M' Theophilus Bradbury
Collector of Excise for the County of Cumberland (which Petition d®^^®^''*'^^*^
• 1 ^ c\ i-h T i\ mi 1 T 1 T Records of the
was considered and dismissed on the 29''' ins ) That he did not attend Council, xxvi.,
to the impropriety of the prayer of the said petition depending on joli^^i, ^^^^
his Lawyer who drew it to put it into due form. And praying that for ^^^ ^^^' i'5.23o,
the reasons mentioned in his said petition, the Government would
remit the two thirds of the forfeiture accruing to them ; he being
ready to pay the one third which belongs to the said Collector.
Whereas Theophilus Bradbury Collector of Excise for the County
of Cumberland did in the year 1765 obtain a .Judgment of the Supe-
rior Court against Alexander Ross Esq"" of said County on a Bond
given by said Ross and one Cap' Tobin who received a permit to
* This date is according to the House Journal ; according to Legislative Records of the
Council the date is January 28.
80
Province IjAVf^ {Resolves, etc.) . — 1765-66. [Chaps. 156, 157.]
sell Eum, from said Bradbury Collector, which Bond was to secure
the Excise: And it apjjearing that said Excise was paid.
Resolved, That two thirds of said One hundred pounds which is
the part forfeited to the Province be taken out of said Judgment
of Court whenever the Execution shall be taken out by said Col-
lector against said Alexander Eoss: And the Clerk of the Superior
Court is hereby directed and Ordered to give out the Execution on
said Judgment of Court for no more than one third of said Judg-
ment, and the whole of the Cost; and that no Execution be ever
taken out for the remaining part of said Judgment. [Passed Jan-
uary SI.
CHAPTER 156.
RESOLVE IMPOWERING JON^ KNIGHT, ADM« TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
146.
House Jour-
nal, p. 233.
Province
Laws, ii., 151,
chap. 10; xii.,
325, chap. 145.
A Petition of Jonathan Knight Admin' of the Estate of Moses
Bennet late of Harvard dec** left unadministred by Joanna Bennet
late of Harvard deceased former Admin' of said Estate Setting
forth That the said Moses on the 10* day of December 1761 pur-
chased of Moses Putnam for the Sum of <£'33.6.8. Seventy five Acres
of Land in Dorchester Canada now called Ashburnham and was part
of Lot N° 10 and part of Lot N'' 22, and obliged himself to fulfil
the duty of Settlement enjoined by the General Court on X° 22,
That the said duty is not performed, and the Land subject to for-
feiture. That the Land tax on the same has been paid out of the
deceaseds Estate, which is very small and scarce sufficient to pay
his Debts. And praying leave to Sell the said Land.
[Read and]
Resolced That for the reasons in this Petition mentioned, the
same be granted: and that the said Jonathan Knight the said Ad-
min"' be and he hereby is impowered to make Sale of the Real Estate
within mentioned for the most the same will fetch, and to make &
execute a good Deed or deeds thereof to the purchaser, he observing
the directions of the Law relating to the Sale of Real Estates by
Executors and Admin" & giving sufficient caution the money arising
by said Sale after all necessary charges are paid, be secured for the
use of the Children of the said deceased. [Passed January SI.
CHAPTER 157.
ORDER ALLOWING £3 TO W^ LAZELL.
Legislative
Records of the
Council, xxvi.,
149. Mass.
Archives,
Ixxx., 579.
Mass.
Archives,
Ixxx., 578.
House Jour-
nal, pp. 73, 234,
235. Province
Laws, xvi., 247,
chap. 89.
A Petition of William Lazell of Middleborough Setting forth
That he was a Soldier in the pay of the Province in Cap' Cobb's
Company of Col° Ruggles's Regiment in 1759. That when he re-
turned he left his Gun at Albany according to Order, but that the
price of his Gun Avas stopped out of his AVages, for which he sent
his petition to this Court formerly, but as the Court declined doing
private business at that Session, he has never had any Recompeuce.
And praying Relief.
Read and
[3d Sess.] Province Laws {Resolves^ etc.). — 1765-66. 81
Ordered that the Sum of three pounds be allowed and paid out
of the publick Treasury to M' Oliver of Middleborough for the use
of the Pef in full for the stoppage mentioned. [Passed January 81.
CHAPTER 158.
ORDER ALLOWING PROVINCE LAW BOOKS TO THE DISTRICT OF NORTH- Legislative
BOROUGH. He.or.ls of the
Council, xxvl.,
17L Mass.
Ordered that the District of Northborough be furnishd with a ^^n^^^afl,;.
Sett of Province Laws at the publick expence. [Passed January 31.^ House Jour- —
nal, p. 23-2.
CHAPTER 159.
RESOLVE SETTING OFF DIVERS PERSONS AND THEIR ESTATES FROM
THE FIRST PRECINCT IN SCARBOROUGH TO THE SECOND PRECINCT
THEREOF.
The Committee appointed the 23"^ Instant on the Petition of a Legislative
number of the Inhabitants of the first parish in Scarborough, hav- councif, xxvi.^,
ing made Report the following Order passed in consequence thereof, i*^^
[Eead and] Legislative
Resolved that Timothy Prout Esq' Joseph Prout Moses Plummer, councif.xxvi?,
William Plummer, William Thompson Esq', Joshua Small, Elisha {^i'^lia*' House
Libbee, Richard Libbee, Beni^ Blake, Tho^ Larrabee, Nathaniel .lournai, pp. 25,
Libbee, John Guilford, Samuel March, Sam' Jones and Peter Libbee i65, 217', 231, 236,
with their Estates lying in the first Parish in Scarborough be, and lIWs^xvIi.'^'^'^
hereby are set off to the second parish in said Scarborough, there eiu, chap. 252.
to do duty and receive priviledge in every respect until the further
order of this Court, that of voting for the removal of the Meeting
House, in said second parish, or building a new one there, only
excepted, in which they s}iall have no Vote : Provided said second
parish shall receive them. [Passed February 1.
CHAPTER 160.
RESOLVE IMPOWERING SARAH MORSE, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISIONS IN REGARD TO THE PROCEEDS.
A Petition of Sarah Morse of Berwick Admin^ of the Estate Legislative
of John Morse late of said Berwick Clerk deceased Intestate Set- councff xxv^^
ting forth That the said Intestates Estate consists of a few Books, i^j*-
some Household stuff and a Dwelling House partly finished and House Jour-
about two acres of Land ; That there is not a sufficiency left to provmc'e '
finish the House and support the Family of the deceased, who left JifaT'io"' ^^^'
four small Children ; And praying that she may be impowered to
make Sale of the said House and Land, and improve the money
arising by such Sale at interest for the benefit of herself & Children.
Read and
' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is February 12.
82
Province \ja\w^ {Resolves, etc.). — 17(35-6(5. [Chaps. KJl, l(j2.]
Resolved that the prayer of the Petitioner be granted : and the Peti-
tioner in her capacity as Admin^ be, and is hereby impowered to
make Sale of the House and Land mentioned in said petition, and
to Execute a good Deed or deeds of the same; Slie observing the
directions of the Law respecting the Sale of Real Estates by Ex-
ecutors and Administrators and giving sufficient security to the
Judge of Probate for the County of York, that the proceeds of
said Sale shall be applied in the following manner viz' one third
part thereof to be put out to interest for the benefit of the said
Sarah the Petitioner, during her life in lieu of her right of Dower
in the premises, and the remaining two thirds after the Just debts
of the deceased are paid, be applied towards tlie support of the
Children. \^Passed Fehriiary 1.
CHAPTER 161.
ORDER ALLOWING £6 TO GREEN & RUSSELL, PRINTERS.
Legislative A PETITION of Green & Russcll printers, Praying an allowance
Council, xxvi., for stitcliiug in blue paper the Journals of the House of Repre-
Archi^^esTi., seutativcs, being over and above their Agreement, as the same used
"^- to be delivered to the Members of the Court in loose Sheets.
Archives I "^^'^^ ^^^
-m. House Ordered that the prayer of this Pet" be granted and that the Sum
Journal, pp. 30. ^^ gj^ pounds be allowed and paid the Pet" out of the publick
Treasury accordingly. \^Passed February 1.
CHAPTER 162.
RESOLVE IMPOWERING EXP"^'= FAIRBANK, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of tlie
Council, xxvi.,
150.
House Jour-
nal, pp. 237, 238.
Province
Laws, ii., 151,
chap. 10.
A Petition of Experience ' Fairbanks Widow and Admin^ of
the Estate of Jonas Fairbank of Medway deceased and Guardian
of seven of his Children Setting forth That the said deceased
was in his life time seized of a small tract of Land consisting of
nine Acres lying in said Medway and unimproved, which Land
now descends to his Nine Children, all Minors, and is like to be
of no advantage to them during their Minority : And praying for
leave to Sell the same, the money arising by such Sale to be im-
proved at interest for the benefit of the Heirs.
Read and
Resolved that the prayer of the Petition be granted ; and the Peti-
tioner Experience Fairbank in her Capacity be, and hereby is im-
powered to make Sale of the premises for the most they will Sell
for; She observing the Rules of Law for the Sale of Real Estates
by Exec" and Admin", and to make and Execute a good Deed or
deeds thereof in the Law, She first giving security to the Judge
of Probate for the County of Suffolk that the proceeds arising by
such Sale shall be improved at interest for the benefit of the Heirs.
\^Passed February 1.
* The House Journal, p. 237, reads, " Ephraim."
[3d Sess.] Province Laws {Resolves^ etc.). — 1765-66. 83
CllAPTEK 163.
ORDER ALLOWING PROVINCE LAW BOOKS TO SUNDRY TOWNS. Legislative
Records of the
Ordered tluit Beoket Liinesborougli Murry field Chesterfield Ash- isi. Mass.
field, Wilbraham Riclimond VVilliamsLon Windham and Royalston ivm.' 553.'
be each of tliem furnish'd with a Sett of the Province Laws at the House Jour-
publick Expence. \^Passed February 1. nai, p.239.
CHAPTER 164.
ORDER ALLOWING £60 AND A FURTHER SUM OF £16. 5. 4 TO ROB'^ BALL.
A Petition of Robert Balls Praying an allowance for his Service Legislative
as Keeper of the Light house for the year pa;st ending the 19^'' day coum-if xxl'if
of November last, which compleats his 32** year and praying a re- isi.
imbursment of the Sum of £16.5.4 advanced for 30i/^ Cord of Wood House Jour-
for the benefit of the Light. Province' '^'
Read and JS''^."' ''*'
Ordered that the Sum of Sixty pounds be granted out of the
public Treasury to the Petitioner for his Service for one year ending
the 19"' of November last. Also the Sum of Sixteen pounds, five
shillings and four pence for thirty Cord and four feet of Firewood.
\^Passed February 1.
CHAPTER 165.
RESOLVE ALLOWING £7. 8. 6 TO COL*^ THO» DOTY.
A Petition of Col° Thomas Doty Setting forth That in the Legislative
year 1758 he had the Command of a Regiment in the pay of the coiincif xxvi^
Province, and was furnished with One tliousand Blankets for his i^i- Mass.
Men; but as they exceeded that number, he purchased of Cap' Abr: ixxx^Jmi.
Jacob Lansing eleven Blankets to make up the deficiency. And pray- House Jour-
ing that he may be reimbursed the amount. nai,pp.235,24i.
Read and
Resolued That there be Paid out of the Publick Treasury to the
Petitioner The Sum of Seven Pounds Eight Shillings and six pence
In full for the Eleven Blankets Mentioned in the Petition, \^Passed
February 1.
CHAPTER 166.
RESOLVE IMPOWERING RHO. WOMSCOM, INDIAN, TO SELL LAND AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Rhoda Womscom Indian woman and Widow of Legislative
John Womscom deceased. Setting forth, That she is seized of Ten councif, xxvu,
acres and 110 Rods of Land in Natick as Heir to her father John Archfves^^'
Babesuck deceased. That her husband before mentioned died in xxxiii., 367.
84
Province IjAY^^ {Resolves, etc.). — 1765-6G. [Chaps. lOT, lOb.]
Mass.
Archives,
xxxiii., 368.
House Jour-
nal, p. 237.
Province
Laws, xvi., 241,
chap. 76, note.
January last, leaving her his House and Land in Connecticut where
she is much better accomodated than at Natick : that he died about
four or five pounds in debt which she cannot discharge without
making Sale of some part of her Real Estate: And praying that
she may be impowered to make Sale of her said Land in Katick.
[Read and]
Resolved that the prayer thereof be Granted and that the Petitioner
is hereby Impowered to Sell the Said Ten acres and one hundred
and Ten rods of land therein mentioned and Execute a Deed Thereof
under the Care and Inspection of John Jones and Joseph Buck-
minster Esq" Guardians and the Said Guardians shall take Care
that the Debts mentioned in Said Petition be first paid out of the
proceeds of said sale and the overplus (if any be) shall be applied
by said Guardians for the Benifit of the petitioner. [Passed Feb-
ruary 1.
CHAPTEK 167.
ORDER IMPOWERING JAMES HISCOCK, ATTORNEY AND GUARDIAN, TO
SELL PART OF AN ESTATE AND MAKING PROVISION IN REGARD TO
THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
152.
House Jour-
nal, p. 238.
Province
Laws, ii., 151,
chap. 10.
A Petition of James Hiscock Attorney of Eben"" Dickman Mar-
iner, now absent, and Guardian of John Dickman a Minor Brothers
and joint Heirs to a small Real Estate in Boston setting forth That
the said Estate needs considerable repairs, and is so situated as to
be continually liable to damage from the Sea, and wlien in repair
will not bring in so much as the Interest of the Money: That he
apprehends it to be for the interest of the minor that the said
Estate should be Sold, and he is fully impowered by the elder
Brother to make Sale of his Interest therein. And praying that
he may be enabled as Guardian to the Minor to make Sale of his
share, also in the said Estate.
Read and
Ordered that the prayer of the Petition be granted; and the Peti-
tioner be, and hereby is impowered to sell the within mentioned
John Dickman's part of the premises, together with the other part
thereof, and to make and E.xecute a good Deed thereof in Law, he
observing the Rules of Law for the Sale of Real Estates by Exec-
utors & Administrators and giving due caution to the Judge of Pro-
bate for the County of Suffolk tiiat the proceeds arising from such
Sale shall be secured for the benefit of the said Minor. [Passed
February 1.
CHAPTER 168.
RESOLVE IMPOWERING JOHN BAKER AND JOHN RANSHON SIGOURNEY,
GUARDIANS, TO SELL MINORS INTEREST IN REAL ESTATE AND MAK-
ING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
155.
House Jour-
nal, p. 244.
Province
Laws, ii., 151,
chap. 10.
A Petition of John Baker of Boston Guardian to Peter Anthony
and Andrew Sigourney Minors and Children of Anthony Sigourney
deceased, and of John Raushon Sigourney of Boston Guardian to
Hannah, Charles and Andrew Sigourney Minors and Children of
Andrew Sigourney jun'' deceased Setting forth. That the said
minors in right of their said Fathers deceased are interested in a
[3d Sess.] Province l^wf^ {Resolves, etc.). — 1765-66. 85
certain Brick House situate in Prince Street in the Northerly part
of Boston: Tiiat the said House requires constant Repairs and is
not capable of being improved to the advantage of the said Minors,
and the otlier Heirs are about selling tlieir parts thereof. And pray-
ing that they the said Guardians may be impowered to make Sale
of tlie said Minors interest in the premises.
Read and
Resolved That the prayer of the Petition be granted : and that
the Petitioners in their capacity as Guardian be, and hereby are
fully authorised and impowered to, make Sale of the Minors within
mentioned their Interest in the Real Estate mentioned in the Peti-
tion for the most the same will fetch, and make and execute a good
Deed or deeds for the same, they observing the directions in the
Law for the Sale of Real Estates by Exec" and Admin" and giving
sufficient security to the Judge of Probate for the County of Suf-
folk that the money arising by the Sale thereof be put out to In-
terest upon good security for the benefit of said Minors. \_Passed
February 4.
CHAPTER 169.
RESOLVE IMPOWERING GEORGE HARPER, CONSTABLE, TO COLLECT
TAXES IN DISTRICT OF OAKHAM.
A Petition of Alexander Crawford and others Assessors of the LegisiaUve
District of Oakham Setting forth That after they had committed coundf xlv^^
the Taxes for 1764 to the Constable chosen for that year to collect, ist.
they discovered a great mistake in the proportion of said Taxes House .Jour-
among the Inhabitants, whereupon they took back the List to rec- ^^^' ^' ^^'
tify the mistakes, but before they had compleated it, the time
arrived for the choice of new Constables. The Petitioners however
committed the said Taxes to the Constable chosen for 1764 to col-
lect but as a doubt has arisen as to the legality of this proceeding,
they pray the interposition of this Court in order to render the
same valid and effectual.
[Read and]
Resolved that the prayer of this Petition be granted, and that
George Harper Constable of the District of Oakham for the year
1764 be and hereby is fully authorised and impowered to collect
and Levy the Taxes on the Inhabitants & Estates of said District
for said year, and committed to him to collect by Alexander Craw-
ford, James Bell and William Banks assessors thereof in as full and
ample a manner as he might or could have done in Law, had the
Tax Bills been committed to him seasonably before his time by Law
had been expired. [^Passed February 4.
CHAPTER 170.
ORDER ALLOWING PROVINCE LAW BOOKS TO THE TOWN OF TYRING- Legislative
HAM. Rt'fords of the
Council, xxvi.,
158.
Ordered that the Town of Tyringham be furnished with a sett House Jour-
of the Province Laws at the public Expence. [Passed February 4, nai, p. 247.
86
Province Laws (i2eso/ves, ete.). — 1765-66. [Chaps. 171-173.]
CHAPTER 171.
Legislative
Records of the
Council, xxvi.,
137, 159.
Legislative
Records of the
Council, xxvi.,
143. House
Journal,
pp. 220, -234, 249.
ORDER WITH STAY OF EXECUTION ON PETITION OF JOHN JEFFRIES,
ESQK, AND OTHERS, IN REGARD TO A REVIEW OF AN ACTION.
A Petition of John Jeffries Esq"" and others Proprietors of Eut-
land Setting forth That Stephen Minot of Boston brought his
Action against them at the Inferior Court held in Boston in April
last for Sixty one pounds, twelve shillings & eleven pence due as
lie saith, for Services done for them by his Father in Law Jonas
Clark Esq' late of Boston deceased ; whicli Action was carried by
Demurrer up to the Superior Court where contrary to their expec-
tation, while M'' Otis their attorney was absent on affairs of the
Government, the case was called and Judgment went against them
by default for the said Sum of Sixty one pounds twelve shillings
and eleven pence, and Costs, Whereupon they have brought their
Action of Review to the next Superior Court to be holden at Bos-
ton. And praying that Execution may be stayed till final Judgment,
upon the Petitioners giving Bail Bond to the Clerk of the Court
aforesaid to respond the Judgment (if any be) that may be obtained
against them
The Committee appointed the 31^*^ of January on the petition
of John Jeffries Esq' and others proprietors of Rutland praying
that an Execution obtained against them by Stephen Minot may
be stayed 'till final Judgment, having made Report the following
Order passed thereon viz*
Read : And thereupon
Ordered that the Execution in the petition mentioned be stayed
until Judgment on the Review of the Action be given; provided
the Petitioners do within ten days give such Bond as by Law they
ought [to] ' have done in order to prevent the Executions issuing.
[Passed February 5.
CHAPTER 172.
Legislative
Records of the
Council, xxvi.,
1.59. Mass.
Archives,
xliv., 592.
House Jour-
nal, p. 250.
RESOLVE ALLOWING £800 TO THE JUSTICES.
Resolved, That the Sum of Eight hundred pounds be granted,
and paid out of the publick Treasury to the honorable Justices of
the Superior Court of Judicature, Court of Assize and General
Goal Delivery for their Services for one Year, ending the first Day
[of] " January. [Passed February 5.
CHAPTER 173.
Legislative
Records of the
Council, xxvi.,
160. Mass.
Archives,
xliv., .593.
House Jour-
nal, p. 252.
RESOLVE ALLOWING £40 TO THE CHIEF JUSTICE.
Resolved that the Sum of forty pounds be granted and paid out
of the publick Treasury to the Hon*"^ Thomas Hutchinson Esq' in
consideration of his faithful discharge of the important trust re-
posed in him as Chief Justice and for his further encouragement
therein. [Passed February 5.
' Inserted from the House Journal, p. 249.
- Inserted from Legislative Records of the Council, xxvi., 160.
[3i) Sess.] Province Laws {Resolves^ etc.). — 1765-66. 87
CHAPTEK 174.
RESOLVE ALLOWING £50 TO THE SECRETARY.
Resolved that the Sum of Fifty pounds be granted and allowed R^^^rds'of the
to be paid out of the public Treasury to the Ilon^''" Andrew Oliver Council, xxvi.,
Esq' Sicretary-of this Province for his Services for one year end- —
ing the sixth day of Decern'' last. [Passed February 5. nai!'i)'! 25c"'^'
CHAPTER 175.
RESOLVE ALLOWING £90 ADDITIONAL TO THE SECRETARY. Legislative
Records of the
Council, xxvi.,
Resolved that the Sum of Ninety pounds be granted and allowed leo^
to be paid out of the public Treasury to the Hon^'® Andrew Oliver House Jour.
Esq"" Secretary of this Province in consideration of his extraordinary °tpra',?hap.
Services to the sixth day of December last. [Passed February 5. i"*-
CHAPTER 176.
RESOLVE ALLOWING £267 TO THE TREASURER.
Resolved, That the Sum of Two hundred and sixty seven pounds Legislative
be granted and allowed to be paid out of the publick Treasury to coimclf xxvi^
the honorable Harrison Gray, Esq'' Treasurer and Receiver General wo- Mass.
of His Majesty's Revenues of this Province, for a Year's Service, end- 372? '^*'^' "^■*
ing the twenty third Day of December last. [Passed February 5. House Jour.
nal, p. 250.
CHAPTER 177.
RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER OF THE HOUSE.
In the House of Representatives. Legislative
Resolved that there be granted and allowed to be paid out of the couucif,xxv'i^,
public Treasury the Sum of four shillings per diem to the Hon'''^ ^
Samuel White Esq' Speaker of the House for every day of his attend- House Jour,
ance in the General Court from the opening of the Session on the ' ^'
29^^ day of May 1765 over and above his pay as Member of this
House.
In Council, Read and Concurred. [Passed February 5.
88
Province Laws (i?esoZves, e<c.). — 1765-66. [Chaps. 178-181.]
CHAPTER 178.
Legislative
Records of the
Council, xxvi.,
160.
House Jour-
nal, p. 251.
RESOLVE ALLOWING £90 TO THE CLERK OF THE HOUSE.
Resolved that there be granted and allowed to be paid out of the
public Treasury the Sum of Ninety pounds to Kowland Cotton Esq'
Clerk of the House of Representatives for his Service during the
several Sessions for the current year. \^Passed February 5.
CHAPTER 179.
Legislative
Records of the
Council, xxvi.,
161. Mass.
Archives,
Iviii., 553".
House Jour-
nal, p. 250.
RESOLVE ALLOWING £200 TO THE PRESIDENT OF HARVARD COLLEGE.
Resolved, That the Sum of two hundred pounds be granted and
allowed to be paid out of the publick Treasury, to the Reverend
Edward Holyoke, President of Harvard-College, over and above the
Rents of Massachusetts-Hall, for one Year, ending the tenth Day
of September next, to be paid Quarterly. \^Passed February 5.
Legislative
Records of the
Council, xxvi.,
161. Mass.
Archives,
Ivili., 554a.
House Jour-
nal, p. 251.
CHAPTER 180.
RESOLVE ALLOWING £100 TO THE PROFESSOR OF MATHEMATICS AT
HARVARD COLLEGE.
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 Cambridge, the Sum of one hundred 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 5.
CHAPTER 181.
Legislative
Records of the
Council, xxvi.,
161. Mass.
Archives, xiv.,
451.
House Jour-
nal, p. 251.
RESOLVE ALLOWING £12 TO THE CHAPLAIN OF THE TWO HOUSES.
Resolved, That there be allowed and paid out of the publick
Treasury, the Sum of twelve pounds to the Reverend Andrew
Eliot, Chaplain to the honorable Board, and the honorable Hous
of Representatives the current Year. [Passed February 5.
[3d Sess.] Province Laws (^Resolves, etc.). — 1765-66. 89
CHAPTER 182.
RESOLVE ALLOWING £i50 TO THE PROFESSOR OF DIVINITY AT HAR-
VARD COLLEGE.
Resolved, That there be granted and allowed to be paid out of Legislative
the publick Treasury to the Reverend Edward Wigglesworth, Ilolli- coundf.x.wL,
sian Professor of Divinity at Harvard College in Cambridge, the Archfves^'
Sum of fifty pounds as a Gratuity, in Consideration of his faithful iviii., sm.'
Discharge of the great and important Trust reposed in him for half HouaeJour-
a year past ending at this time. [Passed February 5. na.p.
CHAPTER 183.
RESOLVE ALLOWING £50 TO THE LIEUTENANT OF CASTLE WILLIAM.
Resolved that there be allowed and paid out of the public Treas- Legislative
ury the Sum of Fifty pounds to John Phillips Esq^ Lieutenant of council' xIvl,
his Majestys Garrison at Castle William in consideration of his faith- isi.
ful discharge of that trust. [Passed February 5. House Jour-
CHAPTER 184.
RESOLVE ALLOWING £40 TO THE CHAPLAIN OF CASTLE WILLIAM.
Resolved, That there be allowed and paid out of the publick Record"of^the
Treasury, the Sum of forty pounds to M'' Christopher Bridge Council, xxvi.,
Marsh, Chaplain at his Majesty's Castle William, for one Year, in Archives', xi v..
Consideration of his faithful Discharge of that Trust. [Passed *^
February 5. House Jour-
•^ nal, p. 252.
CHAPTER 185.
ORDER IMPOWERING EB^ AYER, AND OTHERS, TO BRING FORWARD A
WRIT OF REVIEW.
The Committee appointed the 31^* of January on the petition Legislative
of Ebenezer Ayer and others of Pepperelborough [ante, p. 62, councu xxvi^
chap. 116] having made Report the following Order passed thereon les.
viz' House Jour-
Read and Accepted: And ' 7lte^v^^f^-
Ordered that the prayer of said petition be so far granted as that °^*p- '^^^•
the Petitioners be fully impowered to bring forward the Action in
said petition mentioned &c at the next Superior Court of Judica-
ture Court of assize &c to be held at York in and for said County
of York on the first Tuesday of July next, as fully as if the appeal
had been made, and the Appellants the present petitioners had entered
into recognizance to prosecute the same according to Law from a
Judgment of the Inferior Court of Common pleas held at Bideford
on the second Tuesday of October last upon the Writ of Ejectment
in said petition mentioned : And that the Justices of said Superior
90
Province Laws {Resolves, etc.). — 1765-66. [Chaps. 186, 187.]
Court of Judicature &c be impowered to hear and determine the
same upon the merits of said Cause, and then only to all intents
and purposes whatsoever as fully as if said Appeal had been claimed
and Recognizance entered into at said Inferior Court in time and
manner as the Law directs : And all proceedings had or precept issued
in consequence of said Judgment be and they are hereby superseded
and declared void. [Passed February 7.
Legislative
Records of the
Council, xxvi.,
155, Ifio.
House Jour-
nal, pp. 245, 24(),
261, 262. Prov-
ince Laws, xii.,
455, chap. 229;
516, chap. 96.
CHAPTEE 186.
ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION
OF THE PROPRIETORS OF PITTSFIELD IN REGARD TO A WRIT OF
EJECTMENT.
A Petition of the proprietors of the settling Lots of Boston
Township N° 3 now called Pittsfield setting forth That the said
Township was sold by the Town of Boston in 1737 to Jacob Wen-
dell Esq' who admitted as partners in said purchase .John Stoddard
and Philip Livingston Esq" That the said Philip Livingston was
impowered by his partners to lay out 60 Lots of 100 Acres each to
be disposed of to Settlers, that the said Livingston being disappointed
of some Dutch Settlers, did at length give to Joseph Huston three
of the best of said Lotts, and Sold to said Huston, Lee & Root
forty more of them obliging them to do two thirds of the duty
enjoined by the Government upon said Township. That the duty
is performed on the said Lots respectively ; but on some pretence
or other to their great surprize the Heirs of John Stoddard Esq''
deceased have brought a Writ of Ejectment against one of the Set-
tlers who hath done more than ten times the duty required by the
Court of any one Settler, which they apprehend to be a prelude
of further difficulties. And praying the interposition of this Court
for their Relief.
The Committee appointed the 4'-'' Instant on the petition of the
proprietors of the settling Lots in Pittsfield having made Report,
the following Order passed thereon viz'
Read and accepted : And
Ordered that the petitioners serve the Admin"" on the Estate of
the Hon*''" John Stoddard Esq" and the Exec" of the Estate of
Jacob Wendell Esq"" deceased with Copies of this Petition that they
shew cause if any they have on the second Wednesday of the next
May Session of the General Court why the prayer thereof should
not be granted; and that all further proceedings on the Writ of
Ejectment mentioned in said petition be stayed in the meantime.
[Passed Fehruary 10.
CHAPTER 187.
ORDER ACCEPTING REPORT ON THE PETITION OF JOSEPH BILLINGS.
GUARDIAN OF PUNCAPAUG INDIANS.
A Petition of Joseph Billings Guardian of the punkapog Indians,
'aying the further Order of this Court with regard to a C€
of money due from Samuel NilesEsq"" to the said Indians.
Legislative
Councif,xxvi.^ praying the further Order of this Court with regard to a certain Sum
164. Mass. _ . _ _ . .- _ -.
A.rchivG8
xxxiii.,362,363. The Committee On the petition Of Joseph Billings beg leave to
[3d Sess.] Province IuAws (Besolves, etc.). — ITOo-GG. 91
rei^ort. That they are unanimously of the Opinion that Samuel Niles Mass.
Esq' has discharged liimself by payments made to tlie said Joseph xxxln.^m).
as (Juardian to the Punkapoar Indians Of the sum of four pounds {i*^^*^'?"^^..
Eighteen Sliillings m part oi tlie £7.11.10i/l> mentioned m said Council, xxvi.,
JosepllS petition. .lournal,"""'*
And tliat therefore these remaing ' due from the said Samuel pp. '^a'd, 2ci.
Only the Sum of Two pounds tliirteen shillings & ten pence half
penny; upon the payment of which the said Niles, Ought to be
fully discharged
And tlie said Joseph be held Accountable for the said Sum of
four pounds Eighteen shillings, & for all Other sums w*^'^ he has
already received; & not Accounted for, or may hereafter receive,
to the Use of the Said Indians, w*^*" is Submitted
By N Spakhawk p order
Read and Accepted And
Ordered That Samuel Niles Esqr withinment*^ be directed to pay
to M' Joseph Billings, Guard" of the Punkapog Indians the Sum
of Two pounds thirteen shill^s & ten pence half peny, and that he
be thereupon discharged of all Sums which he the s'' Samuel had
receiv'd on acco' of the s'^ Ind°*
And further
Ordered That the said Joseph Billings be held to account for the
Sum of Four pounds eighteen shill^s which he had rec'' of the s**
Samuel, and for all other sums rec'' by him as Guardian aforesaid,
and not yet accounted for, and for such other Sums which he may
hereafter receive for the use of the s** Indians. [Passed February 10.''
CHAPTER 188.
RESOLVE THAT THE PROVINCE TREASURER GIVE BOND WITH SURETIES
AND APPOINTING A COMMITTEE TO EXAMINE THE SAME.
In the House of Representatives. Legislative
Resolved That no person who shall be chosen by this Court into coimcif, ^l^u,
the office of Treasurer & Receiver General for this Province for ^
the present year shall be esteemed duly qualified to enter upon the House Jour-
Execution of that office until he shall first have an Oath Admin- X(<ef p. 3."
istred to him for his faithful performance of his said office, and ^^'/''«' <=hap.
shall give Bond with sufficient Sureties to the acceptance of a Com-
mittee appointed by this Court for that purpose in the Sum of Thirty
thousand pounds lawful money to the three eldest Councellors in
the Province for the time being, who are hereby appointed a Com-
mittee in behalf of the Province, and especially authorised 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 Sum or 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
1 site.
^ This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is February 21.
92
Province IjAws (Besolves, etc.). — 17 65-66. [Chaps. 189-192.]
him to this Province. Provided that tlie said Bond be put in suit
within three years next after tlie date hereof, otherwise to be void,
and of no effect; and tliat M' Hall and Col° Brown with such as
the Hon'''^ Board shall join be a Committee to judge of the suffi-
ciency of sucli as may offer to become Sureties for the Treasurer
as aforesaid.
In Council, Eead and Concurred, and Thomas Flucker Esq' is
joined in the affair. [Passed February 11.
CHAPTER 189.
Legislative
Records of the
Council, xxvi.,
168. Mass.
Archives, civ.,
373.
House Jour-
nal, p. 264.
VOTE CHOOSING HARRISON GRAY PROVINCE TREASURER.
Pursuant to the Agreement of the two Houses they proceeded
to the choice of Civil Officers for the present Year, and first of a
Treasurer and Receiver General for the Province, when Harrison
Gray Esq' was chosen by a Major Vote of the Council and House
of Representatives. [Passed February 11.
CHAPTER 190.
VOTE CHOOSING THOMAS HUBBARD OFFICER FOR PURCHASING PRO-
VISIONS FOR FORTS AND GARRISONS.
Legislative
Records of the
Council, xxvi.,
168.
House .Jour-
nal, p. 264.
Pursuant to agreement of the two Houses, they proceeded
to the choice of Civil officers for the present year, when Thomas
Hubbard Esq' was chosen the officer for purchasing provisions &c
for tlie several Forts and Garrisons by a major part of the Votes of
the Council and House of Representatives. [Passed February 11.
CHAPTER 191.
Legislative
Records of the
Council, xxvi.,
168. Mass.
Archives,
Ixvi., 339.
House Jour-
nal, p. 264.
VOTE CHOOSING JAMES RUSSELL COMMISSIONER OF IMPOST.
Pursuant to Agreement the two Houses proceeded to the
choice of Civil officers for the present year, when James Russell
Esq' was chosen Commissioner of Impost by a Major part of the
Votes of the Council and House of Representatives. [Passed Feb-
ruary 11.
CHAPTER 192
Legislative
Records of the
Council, xxvi.,
168. Mass.
Archives, cxx.,
576.
House Jour-
nal, p. 266.
VOTE CHOOSING TRUCKMASTERS AT FORT
HALIFAX.
POWNALL AND FORT
The TWO Houses according to Agreement proceeded to the choice
of Civil officers for the present year, when Thomas Goldthwait Esq'
was chosen Truckmaster for Fort Pownall and William Lithgow
Esq' for Fort Halifax by a Major vote of the Council and House of
Representatives. [Passed February 11.
[3d Sess.] Province Laws {Resolves, etc.). — 1765-G6.
93
CHAPTER 193.
VOTE CHOOSING COLLECTORS OF EXCISE FOR ALL COUNTIES.
According to Agreement the two Houses proceeded to the Legislative
Choice of Civil officers for the present year, when the undermen- coum'lf, xIvL*^
tioned persons were chosen Collectors of Excise on Spirituous i^"^- , ^'^^s^.
Liquors &c for the several Counties as hereafter mentioned by a 575. ' ' ''''
Major Vote of the Council and House of Representatives.
House Jour-
nal, pp. 264, 265.
County of
Suffolk M"- Thomas Fletcher
Essex M"' Thomas Porter
Middlesex M'' John Remington
Hampshire M'' Lewis Bliss
Worcester M'' Levi Willard
Plymouth Cap' Nath' Little
Barnstable M^ Enoch Hallet
Bristol M'' Thomas Gilbert jun"'
York M' David Sewall
Dukes County M' James Allen junf
Nantucket Obed Hussey Esq''
Cumberland M^ Theophilus Bradbury
Lincoln M' Thomas Moulton.
Berkshire M'' Israel Dickinson
[^Passed February 11.
CHAPTER 194.
VOTES CHOOSING NOTARIES PUBLIC.
The two Houses according to Agreement proceeded to the choice Legislative
of Civil officers for the present year when the under mentioned per- Records of the
1 11 "Ti 1 1 • -fc^ "1 • T^ PI r^ •! ^onncu, XXVI.,
sons where chosen rublic JNotaries by a major Vote 01 the Council i«9- Mass.
and House of Representatives. xnv.,^594.'
Suffolk
For the port Boston
f Salem .
I Ipswich
l Marblehead
I Newbury
\ Glocester
Plymouth
I Barnstable
I Falmouth
Essex
Plymouth
Barnstable
Bristol
Dukes County Edgartown
Nantucket
r York .
York \ Kittery .
i Wells .
Cumberland Falmouth
Lincoln
Ezekiel Goldthwait Esq^
M'' Henry AUine jun''
John Nutting Esq''
M'' Samuel Sawyer
John Chipman Esq''
William Atkins Esq''
Daniel Witham Esqi^
Edward W^inslow Esq''
Solomon Otis Esq^
Thomas Smith Esq
■ Thomas Gilbert Esq
Elisha Tobey Esq''
John Norton Esq
Obed Hussey Esq'
Daniel Moulton Esq''
Charles Chauncy Esq''
John Wheelwright Esq
Stephen Longfellow Esq'
M>^ Thomas Moulton
House Jour-
nal, pp. 266, 267
\Pa88ed February 11.
Sic.
94:
Province Laws {Resolves, etc.). — 1765-GtJ. [Chaps. 195, 19t).]
CHAPTER 195.
RESOLVE ADJOURNING COURTS IN BRISTOL COUNTY.
Legislative
Records of the
Couucil, xxvi.,
ITU.
House Jour-
nal, p. 268.
Province
Laws, iv., 737,
chap. 20; v.,
(36, note.
Whereas the Court of General Sessions of the peace and Infe-
rior Court of Common pleas are by Law appointed to be held at
Taunton in the County of Bristol on tlie third Tuesday of February
Instant; and it is apprehended that but little if any business will
be done at said Court, and it is also probable the General Court may
be then sitting, and many of the Members of the said General Court
are also concerned in the said Courts to be held at Taunton in the
County of Bristol aforesaid.
Wherefore
Resolved That the said Court of General Sessions of the peace
and Inferior Court of Common pleas which by Law are to be held
at Taunton aforesaid on the said third Tuesday of February instant
be, and liereby are adjourned to the first Tuesday of May next to
be held at the Court House in the said Town of Taunton at ten of
the Clock in the forenoon of said day: And all pleas. Writs, Actions
Suits, Complaints, processes, precepts. Recognizances and other
thing or things whatsoever returnable or liaving day or days in the
said Courts, and which were there to have been proceeded on, shall
stand valid and continue unto the said Adjournment, and be held,
deemed and adjudged to be as good, effectual and available in Law
to all intents and purposes whatsoever as if such Court had been
held and kept on the day by Law for holding the same, and no
Adjournment there of had been made. \^Passed February 12.
CHAPTER 196.
ORDER WITH STAY OF PROCEEDINGS
GENERAL SESSIONS OF THE PEACE
MENT FOR TAXES IN BOXFORD.
IMPOWERING THE JUSTICES OF
FOR ESSEX TO REVISE ASSESS-
Leglslative
Records of the
Council, xxvi.,
170.
Legislative
Records of the
Council, xxvi.,
107,108. House
Journal, pp. 90,
167, 175, 22y bis,
270. Ante,
p. 39, chap. 72.
The Committee appointed the o"" of November last on the Peti-
tion of the Town of Boxford for relief under an assessment made
for a highway laid out in said Town, made Report; and thereupon
the following Order passed viz^
Read and accepted: And it appearing that the Town of Boxford
were not properly notified of the time of laying out the Highway
in their Petition mentioned, and were also deprived of the benefit
of an ancient Record of the said Highway, which has been since
found.
Ordered that the Justices of the General Sessions of the peace
for the County of Essex be, and they hereby are impowered at their
next Session to cause a revisal of the Assessment upon the said Town
of Boxford at the expence of the said Town, and to proceed therein
as if no such Assessment had been made : And all proceedings therein
are hereby stayed in the mean time. [^Passed February 12.
[3d Sess.] Province Laws (Resolves, etc.). — 1765-6(3. 95
CIIAPTEK 197.
RESOLVE ALLOWING £100 TO W^' BAKER, DOORKEEPER.
Resolved that there be aHowecl and paid out of the public Treas- Legislative
ury the Sum of One hundred pounds to M' William Baker Door- oouncn.xxvi?,
keeper to his Excellency the Governor and this Court for his Service ^^1:
for one year to be paid Quarterly. [Passed February 12. naT^r^o"^'
CHAPTER 198.
RESOLVE ACCEPTING REPORT CONCERNING PROV : LANDS IN Y" COUNTY
OF PLYMOUTH, AND APPOINTING A COMMITTEE TO SELL THE SAME.
The Committee to inquire into the quality, quantity and circum- Legislative
stances of Lands in the County of Plymouth belonging to the Prov- counrif xxvf
ince, have attended that Service, beg leave to report; That they have ni. Mass.
personally repaired to the Town of Rochester and viewed and in- xivi.*, 537.'
quired into the circumstances of the following Lands viz' Mass.
First, William Griffin's Land mortgaged to the Province One hun- xivi'^^5^%3H
dred and twelve Acres now in possession of Simeon Burges, on which kouse Jour-
there is a dwelling House & considerable improvements. (ju'nei i764) ;
Secondly. One hundred and ten acres of Samuel Spragne's Home- ^^o'fiupl^^"
stead Farm, great part thereof is fenced in and improved for Mow- Laws.ii., ei,
ing, tillage and pasture, and some Woodland Mortgaged to the isdl^^ap. sw.'
Province.
Thirdly. One hundred and fifty acres of Lemuel Little Wood and
Timber Land mortgaged to the Province.
Fourthly. One hundred and one acres of John Blackmore's Land
lying in the Soiith purchase of the Proprietors of Middleborough,
chiefiy pitch Pine Land, Mortgaged to the Province.
Fifthly. Ten acres of John White's Homestead, good Land, and
forty eight acres in the South purchase mortgaged to the Province.
Sixthly, Twenty acres of Wood & timber Land of Joseph Prince,
very good Land, the Record of the Bounds defaced and unless speedy
care be taken about it the Province will be in danger of losing it.
Seventhly. Three Sixty acre Lots in the Majors purchase in Pem-
broke belonging to Isaac Barker, of which possession has been taken
for the Province, great part of tlie money paid, remains due Twenty
five pound six shillings and nine pence with the Interest thereof
from the year 1739.
Eighthly. Nineteen acres of Meadow in Middleborough on the
North side of Assonet River, good Land, mortgaged to the Prov-
ince by Benj*^ Booth and Isaac Pearce for Forty pounds in the year
1734 Nothing paid. All the Lands abovementioned possession has
been given to the Province. And we further Report that W^e find
that sundry persons who mortgaged their Lands to the Province
in the One hundred thousand pounds Loan, have paid their money
borrowed and the Interest thereof, and we cannot find they have
had any legal discharges, which we apprehend they ought to have.
Signed Tho^ Clap, Tho^ Foster Committee
96
Province Laws {Resolves, etc.). — 1765-66. [Chap. 109.]
In the House of Rep"®*
[Report read and]
Resolved that Tho« Clap & Tho^ Foster Esq" with Such as the
Honourable Board Shall Join be a Com**^^ to make Sale of the Sev-
eral parcels of Land belonging the province lying in the County of
Plymouth for the Most the Same will fetch and to Execute Good
Deed or Deeds thereof and in Case it be Necessary they are hereby
fully Impowered In behalf of the province to Sue for & recover
possession of any of said Lands & when they have recovered the
Same to make Sale thereof as aforesaid And the Said Committee
are further Impowered to give ample discharges to such person or
persons who received of the 100,000 Loan where it appears they
have fully paid the Sums they received with the Interest thereon
The &^ Committee to make Return of their doings to this Court
In Council Read and Concurred and Gamaliel Bradford Esq' is
joined in y® Affair. \^Passed February 12.
Legislative
Records of the
Council, xxvi.,
172. Mass.
Archives, xiv.,
455.
Mass.
Archives, xiv.,
452. House
Journal, p. 269.
CHAPTER 199.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
REV^ MR TIMOTHY RUGGLES IN REGARD TO A JUDGMENT.
A Petition of Timothy Ruggles Minister of the first precinct
in Rochester Setting forth That he settled there in the year 1710
upon a very small Salary,. besides which he was to have the improve-
ment of certain ministerial Lands; but that he is kept out of the
possession of more than three quarter parts of the same by some
of liis parishioners who have got upon them a great part whereof
was subdued and brought to at the petitioners Cost. That he hath
for the sake of peace long acquiesced in a scanty support, as well
as this unjust deprival of his right; but being now grown old and
standing in greater need hereof, he laid the Case before the precinct,
Avho at a Meeting on the G^"" of December 176'2 chose M'' Edward
Morse their Agent to prosecute such persons as had got into posses-
sion of the ministerial Lands; First taking power from the peti-
tioner for that purpose: that he accordingly impowered the said
Morse, who commenced two Actions of Ejectment one against Elisha
Barrow and the other against Sam' Haskall jun' both of which failed
by reason of error in the proceedings and Judgment passed against
the Petitioner, and Executions for Costs amounting to about £23
or £24: which the Parish refuse to pay ; and the said Morse has Sued
them for his Expences in said Suit as their Agent; to which they
have pleaded the illegality of the Meeting when he was appointed
Agent; first because there was no Seal to the Warrant for calling
said Meeting; secondly because the choice of such an Agent was
not so particularly mentioned in the Warrant as it ought to have
been; both which Exceptions may in Justice be obviated by the con-
stant usage of the said precinct tho' in strictness of Law such prac-
tice cannot be justified. And praying that the proceedings of said
Meeting may be established and that Execution against the peti-
tioner may be stayed 'till the validity of said Meeting shall be deter-
mined.
Read and
Ordered that the Pet' serve the Clerk of the first Parish in
Rochester with a copy of this Petition that so they shew cause (if
[3d Sess.] Province Laws {Resolves^ etc.). — 1765-66. 97
any they have) on the second thirsday of the next May Session,
why the prayer thereof should not be granted, and the Execution
within mentioned is stayed in the mean time. ' [^Passed February 12,
CHAPTER 200.
RESOLVE ESTABLISHING THE ROADS OF THE TOWN OF UPTON AS
LAID OUT BY THE SELECTMEN THEREOF.
A Petition of Abiel Sadler and Others a Committee of the Town Lej?isiative
of Upton Setting forth That ever since the Settlement of said |j,';u",';!jr f^ v^*"
Town it hath been the practice, whenever there was occasion to na. Mass.
transact anything relative to Highways, to insert in the Warrant cxxi'.,«2.
for calling a Town Meeting this general Clause only viz' to accept House Jour-
or discontinue highways; whereby a doubt hath arisen which may nai, i)i..vi4s,256,
throw them into great confusion, if such proceeding should be
declared illegal. And praying that the Eoads and Highways laid
out and Eecorded in said Town may be confirmed the defect men-
tioned, in such Warrants notwithstanding.
[Read and]
Resolved that the Prayer of this Petition be so far granted as
that the Roads in the Town of Upton Laid out by the Selectmen
and Accepted by the S*^ Town at their annual march meetings be
and hereby are established to all Intents and Purposes the Defects
mentioned in the Warrants for calling their Meetings notwithstand-
ing and no Person that hath already applyed to the Court of general
Sessions of the Peace for the County of Worcester Shall by Virtue
of this Resolve be barred from the recovery of any Damages they
have Sustained by the Laying out any S'^ Roads. \^Passed Feb-
ruary 12.
CHAPTER 201.
RESOLVE ESTABLISHING THE ROADS IN THE TOWN OF GRAFTON AS
LAID OUT BY THE SELECTMEN THEREOF.
A Petition of John Sherman Agent for the Town of Grafton Legislative
Setting forth That from the first settlement of said Town it hath counctf xU'l^
been their practice when any thing was to be transacted at their 174.
annual March Meetings relative to Highways to insert in their War- House Jour-
rants for calling such Meeting, this general Clause only viz' to accept 2^',' 258".^^'^*'^'
or discontinue Highways. Whereby a doubt hath arisen and they are
liable to be thrown into great confusion if their proceedings in the
matters aforesaid should be deemed illegal for want of a more par-
ticular notification. And praying that the Roads and Highways laid
out and Recorded in said Town may be confirmed the defect afore-
mentioned in the Warrants notwithstanding.
[Read and]
Resolved that the prayer of this petition be so far granted, as
that the Roads in the Town of Grafton laid out by the Selectmen
and accepted by the said Town at their annual March Meetings be,
and hereby are established to all intents and purposes, the defects
* At the hearing, June 27, 1766, House Journal, p. 73, this petition was dismissed.
98
Province 'LAWs{Besolves,etc.). — 1765-00. [Chaps. 202-204.]
mentioned in the Warrants for calling their Meetings notwithstand-
ing. And no person that hath already applied to the Court of Gen-
eral Sessions of the peace for the County of Worcester shall by Virtue
of this Kesolve be barred from the Eecovery of any damages they
have sustained by the laying out any said Roads. [Passed Feb-
ruary 12.
CHAPTEK 202.
RESOLVE ALLOWING £2. 16 TO JN" PARTEET.
Legislative Resolved That there be paid out of the public Treasury to Peter
Records ot the ,^ „-,„ ■ i.TiT-»^i^io i«m i-
Council, xxvi., Mumford for the use of John rarteet the bum ot Iwo pounds six-
— '. teen shillings lawful money for the redemption of four of the new
naTpp526V268. tcuor bills emitted by this Government. [Passed February IS.
CHAPTER 203.
ORDER IMPOWERING PH^ MIRICK TO BRING FORWARD AN ACTION.
Legislative
Records of the
Council, xxvi.,
176.
Legislative
Records of the
Council, xxvi.,
4-2, 57, 108, 143.
House Jour-
nal, pp. 229, 274,
275.
The Committee appointed the 29* of January on tlie petition
of Phineas Mirick for a new Trial of an Action brought against
him by Daniel Wood and John Wood, having made Report, the
following Order passed thereon viz'
Read and accepted : And
Ordered that the petitioner Phineas Mirick be, and he hereby is
impowered to bring his Action in the Law at the next Inferior Court
to be held for the County of Hampshire against the said Daniel and
John Wood for the recovery of ten Acres and a half of Land not
included in the original Grant, And that the Justices of the said
Court be, and hereby are impowered to hear and determine the
same so far as relates to the title of the said ten Acres and a half
of Land, and enter up judgment and award execution thereon.
And that the Judgment of Court in said petition mentioned and
the proceedings thereon shall be no Bar thereto. [Passed Feb-
ruary IS.
CHAPTER 204.
RESOLVES ALLOWING SUNDRY AMOUNTS TO Y= COMMITTEE AT THE
CONGRESS AT NEW YORK.
Legislative
Records of the
Council, xxvi.,
178. Mass.
Archives, iv.,
202.
House Jour-
nal, pp. 110, 157,
163,254,277,278.
4M<e, p.33,
chap. 59.
In the House of Representatives
Resolv\l, That in Consideration as well of y® Expences, & Ser-
vices, Ordinary, & Extraordinary, as of y® Loss Sustain'd by James
Otis Esq'' in his Business, during his Attendance on the Congress
held at New-York, That the s^ Ja' Otis Esq' be, & he is hereby dis-
chargd, of the Sum of One hundred & fifty pounds, which he
received out of y® Province Treasury being One third of y^ Sum
voted by this House to be paid to their Com^ chosen to Attend s**
Congress.
Eesolv'd That in Consideration of the services & Expences of
Oliuer Patridge Esq"" in his Attendance on y* Congres at New York
[3d Sess.] Province Laws (Refiolves, etc.). — 1765-66. 90
That the s'' Oliuer Patridge Esq' be, & he is hereby dischargd of
y^ 811111 of One hundred & fifteen pounds Nine shilP & 9'' out of
the One hundred & fifty pounds he rec'' out of y® Province Treas-
ury for these purposes, and that he repay the remaining sum, ])eing
Thirty four pounds Ten Shill" & 3^' into the Treasury
Resolvd That in Consideration of y'' services & Expences of Brig
Rugles during his Attendance on the Congress at New-York, That
the s'' Brig Rugles, be, & he is hereby dischargd of y"' Sum of One
hundred & two pounds six Shill^ & 8'' being part of One hundred
& fifty pounds he rec'' out of y'' Treasury for these purposes; And
that he repay the Bal^ remaing ' in his hands being forty Seuen
pounds thirteen ShilP & 4'' into the Treasury
In Council Read and Concurred. \^Passed February 13.'^
CHAPTEK 205.
ORDER ADJOURNING COURTS IN BERKSHIRE COUNTY.
Whereas the Court of General Sessions of the peace and Infe- Legislative
rior Court of Common pleas by Law are to be holden at Pittsfield counc'if, xl v'l,
in the County of Berkshire on the first Tuesday of March next: i79-
And whereas the business that will probably be to be transacted at House Jour-
said Court will not be very considerable nor the immediate dispatch province ' '
of it any way equal to the extraordinary difficulty and expence of ^ifap^o^'V'fee.
attending the said Court there at so difficult a time of travelling as note,
is then like to be: And whereas the ill state of health of some of
the Justices of the said Courts may probably prevent their attend-
ance at that time. Therefore
Ordered that the said Courts of General Sessions of the peace
and Inferior Court of Common pleas, which by Law are to be holden
at said Pittsfield on the first Tuesday of March next be and hereby
are adjourned to the last Tuesday of April next, then to be held at
the Court House in Great Barrington in said County at ten of the
Clock in the forenoon of said day: And all pleas. Writs, Actions,
Suits, Complaints, processes, precepts. Recognizances and all other
thing and things whatsoever returnable and having day or days in
the said Courts, shall stand abide and continue unto the said Ad-
journment, to the time and place last aforesaid, and be held deemed
and adjudged to be as good, effectual and available in Law to all
intents and purposes whatsoever, as if such Courts had been kept
and held on the day and at the place aforesaid by Law appointed
for holding the same, and no adjournment thereof had been made.
\^Passed February 14.
CHAPTER 206.
ORDER ALLOWING £6 TO NATHi- MORTON, JR.
A Petition of Thomas Foster Esq'' in behalf of the Town of Legislative
Plymouth, Setting forth That one John Chambers, his Wife and council, xxvi.,
Child of about V2 years of age came into said Town, and put up ^
' Sic.
^ This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is February 14.
100 Province Laws {Resolves, etc.). — 1765-66. [Ciiaps. 207, 208.]
House Jour- at the House of Nath' Morton where the same evening the woman
nai, pp.224,278. ^^^^ ^^ travel, and they not having wherewithal to help themselves
the Selectmen took the care of them, as they were strangers, it
appearing also that the man had a discharge from the Regular Ser-
vice and was recommended as a wounded Man to the Hospital And
praying that the said Town may be reimbursed the Sum of Six
pounds expended on these strangers.
Eead and
Ordered that the Sum of Six pounds be allowed and paid out of
the public Treasury to Thomas Foster Esq' for the use of Nath'
Morton jun"' in full for his expence above mentioned. \^Fassed
February 14.
CHAPTER 207.
ORDER IMPOWERING ROB^ SAUNDERS AND MEHETABLE, HIS WIFE, TO
SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE
PROCEEDS.
Riford"Jf%he ^ Petition of Eobert Saunders of Mendon & Mehettable his "Wife
Council, xxvi., late relict of Daniel Beale of said Mendon deceased, setting forth,
— '- That the said deceased left four Children between five & fifteen
mii"pp!'2TM77, years of age; that there remains of the said deceaseds Estate a
Province Housc and near 49 Acres of Land, out of which is to be paid a
LuAVS, 11., 151, - -'--■'
chap. 10."' ' Legacy of about £26.13 lawful money; that the said Estate is un-
profitable to the Heirs, And praying that as she is sole Administra-
trix of the deceaseds Estate, they may be impowered to sell the
Estate above mentioned, they to be accountable.
Eead and
Ordered that the prayer of the petition be granted: and the Peti-
tioners viz' Eobert and Mehettable Saunders be, and hereby are
authorised & impowered to sell the said House and forty nine Acres
of Land for the most it will sell for, and to make and Execute a
good and sufficient deed or deeds thereof in Law, they observing
the Eules of Law for the Sale of Eeal Estates by Exec" and Admin'%
and giving sufficient caution to the Judge of Probate for the County
of Worcester that the proceeds of said Sale shall be secured and
improved for the benefit of the Heirs to said Estate, and the pay-
ment of the Legacy. \^Passed February 14.
CHAPTER 208.
RESOLVE THAT THE PROVINCE TAX LAID ON THE TOWN OF GORHAM-
TOWN IN 1764 BE REMITTED AND ADDED TO CERTAIN TOWNS IN THE
COUNTY OF CUMBERLAND.
Rlfords^ofthe ^ PETITION of Solomon Lombard of Gorham Setting forth
Council, xxvi., That the Selectmen of said Town in May last presented a peti-
-^-^ tion for remitting a Tax laid on them in the year 1764, the prayer
Sii"pp/23oy28i. of which petition was so far only granted as to suspend the levying
i^l^'\i^^' ' ^^^^ "^^^ '^^^^ -'■'^^^' "^^^'^^ ^^^® Inhabitants have suffered greatly by
Fires Avhich makes the Tax very burdensome; besides which the
Township was not incorporated when the said Tax Avas laid, and
by the Laws and Constitution of this Government no new places
[3d Sess.] Province ljx\vi>, {Resolves, etc.). — 1765-66. 101
can be taxed in that they are not represented in this Assembly.
And praying that for these and other reasons the said Tax may be
wholly remitted.
[Read and]
Resolved that the Province Tax laid on Gorham Town in the
County of Cumberland in the year 1764 being the Sum of Forty
nine pounds, four shillings & 41/1''* be taken olf, and added to the
next Province Tax on the Towns hereafter named within the same
County in manner following viz' Falmouth £36.19.10% North Yar-
mouth £6.9.4 Brunswick £5.15.2. [^Passed February 15.
CHAPTER 209.
ORDER GRANTING TO SAMUEL CALDWELL LICENCE TO SELL STRONG
DRINK.
A Petition of Samuel ' Caldwell of Taunton setting forth glf^^^jfg"^^,^
That he hath obtained the approbation of the Selectmen of said council, xxvi.,
Town as a proper person to be Licensed to sell Spirituous Liquors; ^—
but that the term for granting Licenses in the County of Bristol QaT?f 28*6"^^'
will not be 'till August next. And praying that the Court of Gen-
eral Sessions of the peace for the said County may be impowered
at their next term to grant him a License for the purpose aforesaid.
[Read and]
Ordered that the Justices of the Court of General Sessions of
the peace for the County of Bristol at their next Sessions be, and
hereby are authorised and impowered to grant the petitioner a
License for retailing spirituous Liquors (if they see cause) he ob-
taining the approbation of the Selectmen of the Town of Taunton
for that purpose; the time for granting Licenses in said County
being elapsed notwithstanding. \^Passed February 111 .
CHAPTER 210.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF LINCOLN
COUNTY.
An Account of Samuel Denny Esq'' Treasurer for the County Legislative
of Lincoln being presented for allowance, the following Order passed comfcif x'x^vf
thereon viz' is3.
Resolved that the above Account (being right cast and well House Jour,
vouched) be allowed, and that the Treasurer be discharged of the °*^' ^' '^^'
Sum of One hundred & fifty nine pounds, ten shillings and two
pence % which he has paid by order of the Court of Sessions. And
that there remains due from the County to the said Treasurer a
balance of thirty five pounds, eighteen shillings and two pence %
which the County are further accountable to said Treasurer for.
[Passed February 17.
^ The House Journal, p. 286, reads, " Robert."
102
Province 'LAW8(Iiesolves,etc.). — 1765-66. [Chaps. 211-213.]
CHAPTER 211.
ORDER ALLOWING £100 TO THE TOWN OF SCARBOROUGH.
Legislative
Records of the
Council, xxvi.,
183. Mass.
Archives,
Ixxxvil., 110.
Mass.
Archives,
IxxxvU., 109.
House Jour-
nal, pp. 224, 287.
A Petition of a number of Inhabitants of the Town of Scar-
borough Setting forth That they suffered greatly in their Estates
by a Fire which laid the same waste on the 5^^ day of July 1T62
whereby their Circumstances are rendred very deplorable And pray-
ing Belief from the Government.
Read and
Ordered that the Sum of one hundred pounds be paid out of the
publick Treasury into the hands of Samuel Jordan Solomon Lum-
bard Esq" and Cap*^ Reuben Fogg to be by them distributed to the
Sufferers in the Town of Scarborough by the late fire in proportion
to their several Losses. & Necessities. [Passed February 18.
CHAPTER 212.
Legislative
Records of the
Council, xxvi.,
184. Mass.
Archives,
Ixxx., 605.
House Jour-
nal, p. 2S8.
RESOLVE ALLOWING £200 TO THE COMMISSARY GEN'-.
Resolved, That there be granted and allowed to be paid out of the
publick Treasury to the honorable Thomas Hubbard, Esq' Commis-
sary-General, the Sum of Two hundred pounds for one Year's Ser-
vice, ending the eleventh Day of January last. [Passed February 18.
CHAPTER 213.
RESOLVE ALLOWING £26. 4 TO JN" COTTON.
Legislative
Records of the
Council, xxvi.,
184. Mass.
Archives, vi.,
323.»
Mass.
Archives, vl.,
323-326. House
Journal,
pp. 273,282, 290.
Ante, p. 98,
chap. 204.
A Memorial of John Cotton Setting forth That at the desire
of the Gentlemen appointed to attend the Congress at New York,
he waited on them in the capacity of a Clerk, the duties of which
he endeavoured faithfully to discharge to the best of his capacity.
That his Expences during fifty days absence amounted to £37.16.3
besides what he there received from the Commissioners of the other
Governments. And praying an allowance for his Service, as well as
a Reimbursment of his said Expences.
Read and
Resolved that the Sum of twenty Six pounds four Shillings be
paid out of the publick Treasury to the within named John Cotton
in full recompence for the proportion of this Province for his ex-
pences and services as Clerk to the Committee of Congress held at
New York by the Committees of the several Provinces on the Con-
tinent. [Passed February 18.
[3d Sess.] Province Laws {llesolves^ etc.). — 1765-66. 103
CHAPTER 214.
RESOLVE FOR THE TRANSFER OF APPROPRIATIONS.
Resolved that the Sum of One thousand and fifty pounds be trans- Legislative
f erred from the Appropriation of Forts and Garrisons to the Appro- councu'l xxvi!l
priation for the pay of the Court. "^
Resolved also that the Sum of Fifteen hundred pounds be trans- House Jour-
ferred from the Appropriation of Debts where there is no Establish- ?>rovi"nce '
ment to the Appropriation for Grants. [^Passed February 19. ch^\u\»''^^''
CHAPTER 215.
ORDER ALLOWING £15 TO DUDSON KILCUP.
A Petition of Dudson Kilcup praying an allowance for his Legislative
Service in receiving the names of Solcliers who had been in the counc*if, xxv^^,
several Expeditions to that of Louisbourgh in 1745 inclusive, agre- J^^- Mass.
able to the Order of the House, and ranging them in alphabetical ixxx., 6U4.
Order. Mass.
Read and Archive^,
Ordered that the Sum of fifteen pounds be allowed and paid out House Jour-
of the publick Treasury to the Pet"^ in full for his Services with in 27^'^^' ' '
mentioned. [Passed February 19.
CHAPTER 216.
ORDER IMPOWERING REFERREES TO HEAR CONDITIONALLY THE PETI-
TION OF NATRi- GOODWIN.
The Committee appointed the 22'* January upon the petition Legislative
of Nath' Goodwin, [ante, p. 30, chap. 49] having made Report, c^unctf xU^i^
the following Order passed thereon viz' ise.
Read and accepted. And Legislative
Ordered that the prayer of the petition of Nath* Goodwin be so counc'if.x*^^^
, XXVI.
far granted, as that the Referrees mentioned in said Petition be im- ^' i^^- , House
1,1 ,1 ,• ..1 /-M -i-» .111 . ■, Journal, pp.73,
powered to hear the parties m the Cause. Provided they or either 211, 293, 294.
of them bring forward a hearing thereof, so that the Referrees may ^hap! 49.^*^'
report thereon to the next Inferior Court of Common pleas to be
held at Plymouth in the County of Plymouth in April next. And
the Justices of the said Court are in such Case hereby impowered
to make up Judgment for such Sum as shall then be awarded by
said Referrees together with the Interest, and to award Execution
accordingly. And it is further
Ordered, That in case the said parties nor either of them shall
bring forward a hearing of the said Cause, then the Judgment
already given therein, shall remain in full force and be executed
accordingly. [Passed February 19.
104
Province Laws {Resolves, etc.) . — 1765-6(3. [Chaps. 217-219.]
CHAPTER 217.
Legislative
Records of the
Council, xxvi.,
187.
House Jour-
nal, pp. 255, 281,
292.
RESOLVE ALLOWING £100 TO ANDREW OLIVER, SECRETARY.
Resolved that the Sum of One hundred pounds be allowed and
paid out of the public Treasury to the Hon"" Andrew Oliver Esq'
to enable him to pay such person or persons as he has employed to
assist him the year past in his office ending the 6*'' of December
last. \^Passed February 19.
Legislative
Records of the
Council, xxtI.,
187. Mass.
Archives, lix.,
509.
House Jour-
nal, p. 293.
CHAPTER 218.
RESOLVE APPOINTING A COMITTEE TO SELL Y^ MANUFACTORY HOUSE.
In the House of Eepresentatives.
Resolved that M' Dexter and Cap' Sheaffe be appointed to Join
with a Committee of the Honb''''' Board to make Sale of the House
commonly called the Manufactory House, with the Land thereto
belonging, and that the same be sold at public Auction to the
highest Bidder That the Time of Sale be advertized in Three of
the Boston News Papers, three Weeks successively That it be a
Direction to the Committee not to set up the Premisses at a less
Sum than Fifteen Hundred Pounds and that the said Committee
be impowered to give a good and sufficient Deed or Deeds of said
House and Land to the Person or Persons who shall purchase the
same, he or they first paying the Money therefor, or giving good
Security for the Sum, to be paid in One Year, with lawful Inter-
est And in case no Purchaser should appear said Committee to
make some needful Repairs in the Roof of said House ; and agree
with the Persons who now occupy the same, or others who may
incline to hire it, relative to the Rent. Said Committee to make
Report next May Session.
In Council
Read and Concurred & Tho' Hubbard Esq' is joined in the Affair.
\^Passed February 19.
CHAPTER 219.
ORDER ALLOWING £183 TO HARRISON GRAY, TREASURER.
Rllordsof^he ^ MEMORIAL of Harrlson Gray Esq' Treasurer and Receiver Gen-
councii, xxvi., eral of the Province praying an allowance for his extraordinary
— Service the year past, in borrowing £131,063 in paying £11,912.1.4.
na°i?ppS294, Interest due on Government Securities, in drawing Bills on the
295." ■ "' ' Agent to the amount of £48,000 Sterling, in paying the Bounty
on 34,459 bushels of Wheat, and in entertaining the Guards set on
the Treasury for twelve nights that they watched the same none
of which Services or Expences are, as he apprehends necessarily
connected with the duty of his Office.
Ordered that the Sum of One hundred and eighty three pounds
[3i) 8p:ss.] Province Laws {Resolves, etc.). — 17(55-66. 105
be granted luid paid out of the public Treasury to the Petitioner
in full for his extraordinary Services within mentioned. \_Fassed
February 20.
CHAPTER 220.
ORDER IMPOWERING TOBIAS DAVIS AND WILLIAM MUGFORD TO BRING
FORWARD A WRIT OF REVIEW.
A Petition of Tobias Davis and Will'" Mugford of Salem Set- Legislative
ting forth That at the last Inferior Court for the County of Essex councif, xx\i^,
one Roger Peele commenced an Action against them on a bottomry ^^' ^^^-
Bond, and that they making default, Judgment went against them; ^^T^** '^2^^'^-'-8
but there hapned to be a mistake therein of £'12.2.1 more than was 279,' 296.
equitably due to him; that said Eoger hath had notice of the mis-
take in writing from his attorney, but refuses to rectify it. And
praying that they may have a trial upon the merits of the Cause
at the next Inferior Court for the said County of Essex.
Read, and no Answer being made thereto, Thereupon
Ordered that the prayer of the Petition be so far granted, as that
the said Tobias and William be, and hereby are impowered to bring
a Writ of Review of the Action aforesaid at the next Inferior Court
of Common pleas to be holden at Ipswich in and for the County of
Essex on the last Tuesday of March next: and that the Justices of
said Court be, and hereby are impowered to hear the Cause upon
said Writ of Review, enter up Judgment and award Execution
thereon, to all intents and purposes whatsoever, as fully as they
did or might have done upon the Writ brought by Roger Peele the
original plaintiff at the Inferior Court of Common pleas holden at
Newbury for the County aforesaid, the default made thereupon not-
withstanding. \_Passed February 20.
CHAPTEE 221.
RESOLVE DESIRING THE GOVERNOR TO WRITE TO THE GOVERNOR Legislative
OF CANADA IN REGARD TO FRENCH ACADIANS AND ALLOWING £20 Records of the
FOR EXPENSE OF SENDING CERTAIN ONES THERE. m Mas^^^'"'
Archives,
Resolved That His Excellency the Gov' be Desired to write to the '''^'^''
Gov"" of Canada to acquaint him of the Desire of the French Acca- Rlfords^of the
dians in this Province to go thither and to know of him whither Sf^Pg'^^l'gf-'^^'-'
he is willing to Receive them as Settlers in that Government & that House Joiir-
the Sum of Twenty pounds be allowed out of the publick Treasury proviiice''
to Enable the Gov'' to send two of the S*^ French People for the ^i^'^cha'^^k?
Purpose afore Said. \^Passed February 20. ,c ap.
106
Province Laws {Resolves^ etc.). — 1765-66. [Chaps. 'I'l'I, 223.]
CHAPTEK 222.
Legislative
Records of the
Council, xxvi.,
189. Mass.
Archives, v.,
•252.
Mass.
Archives, v.,
250. Legisla-
tive Records of
the Council,
xxvl., 186.
House Jour-
nal, pp. 297, 298.
Ante, p. 64,
chap. 121.
RESOLVE APPOINTING A COMMITTEE TO RUN A LINE BETWEEN THE
PROVINCE OF MAINE AND THE PROVINCE OF NEW HAMPSHIRE.
The Committee appointed yesterday on the Petition of Cap*-
Henry Young Brown [Legislative Records of the Council, xxvi.,
18G], the following Order passed thereon viz'
In the House of Repres''"
Resolved, That Capt° Gowen & M' Sayward with Such as the
Honorable Board Shall Join be a Committee on the Part of
this Government to run out the Line between the Province of Main
and the Province of New-Hampshire; Begining on Newichwannuck,
or Salmon Fall River so called, where the Committee of this Prov-
ince in the Year 1763 ended their Survey; and runing thence to the
furthest Head thereof; and thence North two Degrees West, allow-
ing seven Degrees and an half Variation, and no more ; extending
the said Line into the Country until one Hundred and twenty Miles
are compleated from the Entrance of Piscataqna River; that the
said Committee be at Berwick in the County of York on the Second
Tues Day of March next; and proceed thence immediately to run
the said Line; joining with any Committee that may be appointed
by the Province of New-Hampshire, for the Purpose aforesaid; and
if no such Committee should be appointed by the said Province
of New-Hampshire to proceed notwithstanding: and that they make
Return of their Doings to this Court as soon as may be And that
his Excellency the Governor be desired to write once more to the
Governor of New-Hampshire to appoint or to move to move ' it to
the Assembly of that Province to appoint a Committee to join with
those appointed by this Province to run the Line aforesaid
In Council. Read & Concurred and John Bradbury Esqr is joined
in the Affair. \^Passed February 20.
CHAPTER 223.
ORDER IMPOWERING THE GUARDIANS OF THE PUNCAPAUG OR STOUGH-
TON INDIANS TO CONFIRM BY DEED SEVENTEEN ACRES OF LAND
TO ENOCH LYON.
Legislative
Records of the
Council, xxvi.,
190. Mass.
Archives,
xlvi., 501.
Mass.
Archives,
xlvi., 499.
House Jour-
nal, pp. 296, 297.
Province
Laws, X., 518,
chap. 244.
A Petition of Enoch Lyon of Stoughton Setting forth That
sundry persons held Lands at Punkapog an Indian plantation now
Stoughton, by Leases from the Indian proprietors, and that the
General Court in the year 1724 appointed a Committee to receive
of the Lessees for the use of the Indian proprietors a valuable con-
sideration for the said Lands, and that said Committee were there-
upon impowered to convey the title of the said Indian proprietors
to the English Tenants or Lessees. That the petitioners Father
being then in possession of Seventeen Acres of Land originally
Leased to one David Fames agreed to pay the Sum of Eight pounds
to the tise aforesaid, as a consideration for the purchase of said
Seventeen Acres, and accordingly paid the said Sum, and died
Seized of the said Land, which was Settled upon the Petitioner,
1 Sic.
[3i> Sess.] Pkovince Laws (liesolvcs, etc.). — 17()5-()(). 107
bounded now as follows viz' Westerly on Land of Deacon Stephen
Badlani's Heirs, Nortliwardly on George Talbut's Land, Eastwardly
on M'' Whitley's Land of Boston, and Southwardly on tiie peti-
tioners Land; but that none of the said English Lessees have as
yet been confirmed in their Titles. And praying that his Case may
be considered, and his title confirmed.
In Council read & concurred, &
Ordered that the Prayer of the Petition be so far granted as y'
the Guardeans of the Punkapoag or Stoughton Indians are hereby
authorised & impowred by Deed to confirm s*^ seventeen acres of
land to Him the s** Enoch & His Heirs
In the House of Rep"'''
Read and concurd. \^Passed February 20.
CHAPTER 224.
ORDER ALLOWING 30/ TO JOHN BROWN, JR. Legislative
Records of the
Council, xxvi.,
Ordered that the Sum of Thirty shillings be paid out of the ^^
Treasury to Cap' John Brown for the use of his Son John Brown House Jour-
jun"" for his Service in going Express to Brig''"' Ruggles to direct 29(5.'''" '' '
his attendance in the House, \^Passed February 20.
CHAPTER 225.
RESOLVE ALLOWING £1. 12. 5 TO SAM'- SAYER. Lejrislatlve
Records of the
Council, xxvi.,
Resolued That there be paid out of the Publick Treasury to ii»o- Mass.
Joseph Sayer Esq"" for the use of Samuel Sayer The Sum of one 374.
pound Twelue Shillings and fine pence Lawfull Money For the House Jour-
Redemption of a Number of New Tenor Bills Emitted by this nai, p.-299.
Goverment. \^Passed February 20.
CHAPTER 226.
RESOLVE ALLOWING £25 TO CAP^ H. YOUNG BROWN.
Cap'' Henry Young Brown having laid before the Court an Legislative
Account of the Expence he had been at to procure Advice and councu^xxvi^
relief with respect to the Township granted him by this Govern- i»i-
ment, now claimed by New Hampshire, the following Order passed House Jour-
thereon viz' l^^t^^C'
Resolved That the Sum of Twenty five pounds be paid out of the chap. 2-22.
public Treasury to the Accomptant as a full recompence for his
Expences abovementioned. {^Passed February 21.
108
Province Laws {Resolves^ etc.). — 1765-66. [Chap. 227.]
CHAPTEK 227.
Legislative
Records of tlie
Council, xxvi.,
192.
Legislative
Records of the
Couucil, xxvi.,
124, 147 bis.
House Jour-
nal, p. 301.
Province
Laws, iv., 777,
chap. 35; 803,
chap. 2; 883,
chap. 5; 925,
note.
ORDER MAKING PROVISION IN REGARD TO PROCEEDINGS ON THE
BANKRUPT ACT.
Whereas a Bill has passed the two Houses, and now lies before
his Excellency for consideration, intituled "An Act for repealing
two Acts, one intituled An Act for preventing fraud in Debtors
and for securing the Effects of Insolvent Debtors for the benefit
of their Creditors : The other Act intituled An Act in addition to
an Act for preventing fraud in Debtors, and for securing the Effects
of Insolvent Debtors for the benefit of their Creditors: both made
in the fifth year of his present Majesty's Reign."
Ordered that the Justices of the Superior Court of Judicature
&c be, and hereby are directed to issue no Warrants for attaching
the Effects of absconding or concealed Debtors, until after the end
of the present Session of the General Court, saving to those who
had before this time legally applied for s^ Warrants, and had a right
to the benefit of said Acts. {Passed February 21.
RESOLVES, ORDERS, VOTES,
ETC.
Passed \j66-6'j.
[109]
LEGISLATIVE LIST^
\^66-6^.
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 ;
Samuel Danforth
Isaac Royall
John Erving
William Brattle
James Bowdoin
Thomas Hubbard
Israel Williams
Harrison Gray
James Russell
Thomas Flucker
Nathaniel Ropes
Timothy Paine
Royall Tyler
.EsQRS. Andrew Belcher
John Chandler
Joseph Gerrish
James Pitts
Thomas Saunders
'ESQRS.
Of the Inhabitants of or Proprietors of Lands within the Territory formerly
called the Colony of New Plymouth;
Gamaliel Bradford ) Samuel White
James Otis I ^ ' Jerathmeel Bowers
ESQRS.
Of the Inhabitants of or Proprietors of Lands withifi the Territory formerly
called the Province of Maine j
John Hill, Nathaniel Sparhawk & John Bradbury, Esqrs.
Of the Lihabitatits of or Proprietors of Lands toithin the Territory lyiiig
between the River of Sagadehoc S Nova Scotia ;
Jeremiah Powell, Esq.
1 See Legislative Records of the Council, xxvi., 196-201.
^ Joseph Gerrish and Thomas Saunders of Massachusetts Bay, James Otis and Jerathmeel Bowers of
New Plymouth, Nathaniel Sparhawk of the Province of Maine and Samuel Dexter of the Province at
large, who were elected by the House of Representatives, were rejected by the Governor.
[Ill]
112 Province IjxyfB, {Resolves, etc.). — lim-i^l. [Representatives.]
For the Province, at large : —
Benjamin Lincoln & Samuel Dexter, Esqrs.
KEPEESENTATIVES OR DEPUTIES.
May 28, 1766 to March 20, 1767.
Mr. THOMAS GUSHING, Speaker.
County of Suffolk.
Boston,^ . . . James Otis, Esq.,
Thomas Cushing, Esq.,
Mr. Samuel Adams,
John Hancock, Esq.
Roxbury, . . Thomas Dudley, Esq.
Dorchester, . . Mr. Samuel Howe.
Milton, . . . Mr. Jazaniah Tucker.
Braintree, . . Ebenezer Thayer, Esq.
Weymouth, . . James Humphrej', Esq.
Hingham, . . Mr. Joshua Hersey.
Dedham. . . Samuel Dexter, Esq.
Medjiekl, . . Mr. Samuel ^Morse.
Stoughton, . . Mr. Hezekiah (ia}'.
Medway, . . Capt. Jonathan Adams.
Wrentham, . . Mr. Jabez Fisher.
Needham, . . Mr. Amos Fuller.
Chelsea, . . Mr. Thomas Pratt.
County of Essex.
Salem, . . . William Brown, Esq.,
Andrew Oliver, Esq.
Ipswich, . . Capt. Michael Farley.
Newbury, . . Joseph (xcrrish.
Newburyport, . Benjamin Greenleaf, Esq.
Marblehead, . Jacob Fowle, Esq.,
William Bourne, Esq.
Lynn, . . . Mr. Ebenezer Burrill.
Andover, . . Samuel Phillips, Esq.
Beverly, . . Capt. Henry Hemck.
Rowley, . . . Humphrey Hopson, Esq.
Salisbziry, . . Caleb Cushing, Esq.
Haverhill, . . Richard Saltonstall, Esq.
Olocester, . . Thomas Saunders, Jr.,
Esq.,
Nathaniel Allen, Esq.
Boxford, . . Aaron Wood, Esq.
Ahnsbiiry, . . Jonathan Bagley, Esq.
Danvers, . . Daniel Epes. Esq.
Topsfield, . . Capt. Samuel Smith.
' This is followed in the House Journal, p.
County
Cambridge,
Charlestown,
Woburn, .
Reading, .
Newtown, .
Marlborough,
Watertown,
Orolon,
Shirley &
Pepperrell,
Billerica, .
Framingham,
Lexington,
Weston,
Chelmsford,
Maiden,
Medford, .
Sudbury, .
Waltham, .
Lincoln,
Westford, .
Stow, .
Sherburne,
Littleton, .
OF Middlesex.
Andrew Bordman, Esq.
Capt. Edward Sheaffe.
Josiah Johnson, Esq.'
Mr. John Temple.
Capt. Abraham Fuller.
Mr. Samuel Witt.
Mr. Daniel Whitney.
Col. James Prescott.
William Stickney, Esq.
Joseph Buckmiiister,
Esq.
William Reed, Esq.
Mr. Abraham Bigelow.
Sampson Stoddard, Esq.
Capt. Ebenezer Harn-
den.
Stephen Hall, Esq.
John Noyes, Esq.
l\Ir. Jonas Dix.
Mr. Samuel Farrar.
Capt. Jonas Prescott.
Henry Gardner, Esq.
Mr. Jonathan Russell.
Capt. Joseph Harwood.
Wilbraham,
Northampto7i &
Southampton,
Hatfield, .
Westfield, .
Deerfield &
Oreenficld,
Brimfield, .
Hadley,
Sunderland, .
County of Hampsiiiue.
Springfield <6 . ) John A^'orthingtou, Esq.
S Josiah Dwight, Esq.
> Joseph Hawley, Esq.
. Oliver Partridge, Esq.
. Eldad Taylor, Esq.
[ Elijah Williams, Esq.
Mr. Timothy Daniel son.
Mr. Enos Nash.
Mr. Fellows Billing.
4, by " Concord, Charles Prescott, Esq."
[Representatives.] Province h aws {Besolves, etc.). — 176(M)7. 113
Worcester, .
Lancaster, .
Brookfield,
Sutton, .
Rutland &
Rutland Dis-
trict,
Westborough, .
Southborough,
Hard wick, .
Shrewsbury, .
Sturbridge,
Bolton, .
Oxford &
Charlton,
Leicester, Sjien-
cer & Paxton,
Mendon,
Harvard, .
Lunenhurgh &
Fitchburgh,
Orafton,
Uxbridge, .
County ok \Vokci':stek.
. Ciipt. Ephraim Doolittle.
. Capt. Asa Wlietcomlj.
. Jedediah Foster, Esq.
. Capt. Henry King.
County of Baunstaulp: — Concluded.
Yarmouth, . . . Mr. David Thacher.
Falmouth, . . . It(nvland Robinson,
Esq.
County op Bristol.
Taunton, . . . Mr. Joseph Tisdale.
Rehoboth, . . . Capt. James Clay.
Swansey, . . . Jeratlimeel Bowers, Esq.
Dighton, . . . Ezra Richmond, Esq.
Dartmouth, . . Mr. Walter Spooner.
Norton, . . . George Leonard, Jr.,
Esq.
Attleborough, . Mr. Ebenezer Lane.
Freetown, . . Mr. Thomas Durfee.
County of York.
York, .... Jonathan Say ward, Esq.
Kittery, . . . James Gowen, Esq.
Wells, .... John Wheelwright, Esq.
Berwick, . . . Benjamin Chadburn,
Esq.
Arundel, . . . Thomas Perkins, Esq.
Bideford, . . . Jeremiah Hill, Esq.
Dukes County.
Edgarton, . . John Norton, Esq.
Tisbury, . . . James Athearn, Esq.
Chilmark, . . Mr. Jeremiah Mayhew.
In the County of Nantucket.
Sherburne, . . Mr. Stephen Hussey.
County of Cumberland.
^ Ti,. , ,, ^ Jedediah Prebble, Esq.
Cape Elizabeth, )
Scarborough, . Mr. John Stuart.
North Yarynouth, Jeremiah Powell, Esq.
County of Berkshire.'
Tyringham, . . John Chadwick, Esq.
Sheffield, Great n
Barrington & >Mr. Ebenezer Smith.
Egremont, )
* The House Journal, p. 225, gives William "Williams chosen Representative for the town of Pitts-
field, January 29, 1767.
John Murray, Esq.
Mr. Jonathan Bond.
Ezra Taylor, Esq.
Hon. Timothy Ruggles,
Esq.
. Artemas W^ard, Esq.
. Moses Marcy, Esq.
John Whitcomb, Esq.
Josiah Wolcot, Esq.
Capt. John Brown.
Mr. Joseph Dorr, Jr.
Capt. Israel Taylor.
Edward Hartwell, Esq.
Mr. Ephraim Sherman.
Capt. Ezekiel Wood.
County of Ply^mouth.
Plymouth, .
Scituate,
Marshjield,
Bridgwater,
Middleboro\
Rochester, .
Plymj)to7i, .
Pembroke, .
Abington, .
James Warren, Esq.
Mrc Gideon Vinall.
Mr. Anthony Thomas.
Josiah Edson, Esq.
Capt. Ebenezer Sprout.
Mr. Elisha Barrow.
Capt. John Bradford.
Mr. John Turner.
Capt. Woodbridge
Brown.
William Sever, Esq.
Kingston, .
County op Barnstable
Barnstable,
Sandwich, .
Eastham &
Wellfleet,
Harwich, .
Nymphas Marston, Esq.
Mr. Stephen Nye.
Jonathan Doane, Esq.
Chillingworth Foster,
Esq.
RESOLVES, ORDERS, VOTES, ETC.
Passed at the Session begun and held at Boston,
ON THE Twenty-eighth Day of May, A.D. 1766.
CHAPTER 1.
ORDER IMPOWERING THE JUSTICES OF THE SUPERIOR COURT FOR
ESSEX TO AFFIRM A JUDGMENT.
A Petition of Joseph Eaton of Lynn, Praying leave to enter a Legislative
Complaint at the next Superior Court at Ipswich for affirming a councif xx^^^!
Judgment obtained against Joseph Woodman 220.
Read and Legislative
Ordered^ That the prayer of this Petition be granted, and that councif, xxvl,
upon the Petitioners entring his Complaint at the Superior Court j^o^j^J^ifp 39
to be holden at Ipswich for the County of Essex on the third Tues- 4o.
day of June current; the Justices of said Court be, and they are
hereby Authorised to affirm the Judgment mentioned in said Peti-
tion with additional Costs, and to grant Execution thereon accord-
ingly. \^Passed June 4.
CHAPTER 2.
ORDER ALLOWING A COPY OF THE PROVINCE LAW BOOKS TO THE Legislative
NEW TOWNS AND DISTRICTS. Records of the
Council, XXVI.,
223. Mass.
Ordered that the Several New Towns & Districts in the province ^fj^'^slf'
which are Incorporated which have not been furnished with a Set = — ' —
of the province Laws have the Same Allowed them at the publick nai, p. 50.
expence. \^Passed June 6.
CHAPTER 3.
ORDER IMPOWERING THOMAS CARTER, THOMAS GOWING, AND DAVID
WILDER TO PAY TAXES TO THE SECOND PARISH IN LEOMINSTER.
A Petition of Jonathan White and others Inhabitants of the Legislative
second parish in Leominster Setting forth That this Court have councf f xx v*!!
been pleased to set off a number of the Inhabitants of the said 1^^1.223.'
[115]
116
Province Laws {Besolves, etc.). — 1766-67. [Chap. 4.]
Legislative
Records of tlie
Council, xxvi.,
212. House
Journal, pp. 34,
52. Ante,
p. 70, chap.
134.
second parish, and annex them to the first parish in said Town,
without causing them to be notified, that so they might have shewn
cause why the prayer of the petitioners should not have been granted.
That they apprehend this was done in consequence of some misin-
formation contained in their Petition. And praying for Kelief.
Eead And
Ordered That Thomas Carter, Thomas Gowing and David Wilder
with the Lands and Estates they possess and improve, which before
they purchased paid to the said second parish, still continue to pay
Taxes to s** second Parish, that they belong to said second parish
together with the heads that live on the Estates aforesaid ; and that
all the Lands that were at the Incorporation of said second parish
part thereof, do as truly belong to said second Parish now, tho'
sold to persons living in the first parish, and they are hereby ordiered
to pay Taxes there as much as if they had not been sold but were
still in the possession of those original Petitioners for said second
Parish. \^Passed June 6.
CHAPTER 4.
Legislative
Records of the
Council, xxvi.,
223. Mass.
Archives, xix.,
748.
Mass.
Archives, xix.,
747. House
Journal, pp. 35,
50, 51. Prov-
ince Laws,
ii., 151, chap. 10.
RESOLVE IMPOWERING LYDIA AVARE, EXECUTRIX, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Lydia Ware, AVidow, Executrix of the last Will
of William Ware late of Dighton Physician dec*^ Setting forth That
the said deceased's personal Estate being insufficient to pay his just
Debts, She made application to the Superior Court for leave to sell
of her Testators Eeal Estate to the value of £376, and that having
obtained such leave she hath already sold fifty Acres of Land amount-
ing to £236.15. That large Debts have since appeared, which can
be discharged no otherAvise than by the Sale of a further part of
the Eeal Estate, That there still remains forty five Acres of Land
with a Dwelling House thereon, and that to sell a part of the
remainder only, would sink the value of what is left. And praying
leave to sell the whole of what remains; She to be accountable,
[Eead and]
Resolved that the Prayer of this Petition be Granted and that
the 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 Eeal Estates by Executors and
administrators, and giving proper Caution to the Judge of Probates
for the County of Bristol that the proceeds ariseing by Such Sale
be applied for the payment of the Deceaseds Debts and the over-
plus (if any be) to be Secured & Improved for the Benifit of the
Heir, [Passed June 6.
[1st Sess.] Pkovixce Laws (A'e.so/ye.s, e^c). — 176()-67. 117
CHAPTER 5.
ORDER WITH STAY OF EXECUTION IMPOWERING CADWALLADER FORD
TO liiUNG FORWARD A WRIT OF REVIEW.
A Petition" of Cadwallader Ford of Wilmington praying liberty Legislative
to review an Action he had against Joshua Farnham of Woolwich, coum'if xx*^^
Read and so far accepted as that the petitioner have liberty to 2-20, 2-24 '
bring forward his Writ of Eeview of the same Cause at the Supe- House Jour
ior Court of Judicature &c next to be liolden at Falmouth in the ^ue,^p'.
County of Cumberland; and that the Judges of the said Court be, chap. 151.
and they hereby are authorised and impowered to hear and try the
said Cause, make up Judgment and award Execution thereon ac-
cordingly. And the Execution on the former Judgment is hereby
stayed in the meantime. [Passed June 6.
46, 06.
77,
CHAPTER 6.
ORDER IMPOWERING JOHN ROWE, ADM^, TO SELL REAL ESTATE AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of John Rowe Esq"' Adtnin'^ of the Estate of Isaac Lepieiative
Thomas late of Hard wick deceased Setting forth That the said Records of the
Isaac died Insolvent; and as the Superior Court will not sit in the '224. ' ^ "*
County of Worcester 'till September next he cannot make Sale of House .lour-
the deceaseds Estate for the payment of Debts sooner, without the pr^(;v^ince
aid of this Court. And praying the aid thereof accordinsrlv. Laws, »., 151,
Read and ^^ ^'^^p- ^«-
Ordered, That the prayer of this Petition be granted, and that
the Petitioner in his capacity be and hereby is impowered to make
Sale of the whole of the Real Estate of the said Isaac Thomas de-
ceased for the payment of his Debts, and to make and Execute a
good Deed or deeds thereof in the Law to the purchaser or pur-
chasers; He Observing the directions in the Law respecting the Sale
of Real Estates by Executors & Admin" and giving caution to the
Judge of Probate for the County of Worcester to account for &
apply the proceeds for the jsayment of said Debts accordingly.
[Passed June 6.
CHAPTER 7.
RESOLVE IMPOWERING LYDIA NEGUS, ADM^, TO SELL HER INTEREST
IN AN ESTATE AND MAKING PROVISION IN REGARD TO THE PRO-
CEEDS.
A Petition of Lydia Negus of Dartmouth Admin^ of the Estate Legislative
of Jonathan Negus late of said Dartmouth dec'^ Setting forth That counc'if x*i^f
her said Husband's Estate being insolvent. She upon her Petition 229':'°°^ ' ^^''^''
to the Superior Court obtained leave to make Sale of his Real Estate House Jour,
being only one half Acre of Land, her thirds therein excepted; And ProviSc?'^'
118
Province \jxvf^ {Resolves, etc.). — 1766-67. [Chap. 8.]
Laws, ii., 151,
chap. 10; xvii,
583, chap. 164.
praying that she may be impowered to make Sale of her thirds also
in the said Estate for the payment of the said deceaseds just debts.
[Eead and]
Resolved, That the prayer of this Petition be granted ; and that
the Petitioner in her said Capacity be, and hereby is impowered to
make Sale of her thirds as mentioned in this Petition, and to make
and Execute a good deed in Law of the same; She observing the
Eules and directions in the Law for the Sale of Real Estate by
Exec" and Admin" and the proceeds arising by such Sale be applied
for the payment of the deceaseds debts as mentioned in this Peti-
tion. \_Passed June 6.
CHAPTER 8.
RESOLVE CONFIRMING 500 ACRES OF LAND TO THE HEIRS OF JASHUR
WYMAN.
Legislative
Records of the
Council, xxvi.,
230.
Legislative
Records of the
Council, xxvi.,
193. House
Journal, pp. 51,
52. Province
Laws, XV., 99,
chap. 232.
A Petition of Jonathan White & Philip Goodridge attorneys to
the Heirs of Jashur Wyman late of Townshend deceased preferred
to the General Court in February last Setting forth That in the
year 1754 the said Court made a Grant of 500 Acres of Land to
the said Jashur, a plan Avhereof was to have been returned in twelve
months; but that he dying the said Land was never laid out 'till
now: And praying that the same may be confirmed agreable to a
Plan now exhibited. Whereupon the following Order then passed
the two Houses viz'
Resolved that the prayer of this Petition be granted, and that
the Plan of five hundred Acres of Land delineated and described
as follows, beginning at the Southeast corner of Charlemont and
running on Deerfield West Line S" 14° West One hundred and sixty
two perch to a stake, then West 10° North five hundred forty five
perch to a stake, then North east to Charlemont Line One hundred
and eighty four perch, and then East 19° S° four hundred & fifty
perch on Charlemont Line to where it first began: herewith pre-
sented for allowance to satisfy a Grant of five hundred Acres of
Land made by this Court to Jashur Wyman late of Townshend in
the County of Middlesex deceased AD 1754 be accepted and hereby
is Confirmed unto the Heirs & legal Representatives of the said
Jashur Wyman, their Heirs and Assigns forever. Provided that it
doth not exceed the quantity of five hundred Acres, nor interfere
with any former Grant.
The Confirmation of this Grant being not then compleated the
following Order now passed the General Court viz*
Resolved that the Petition be revived, and the foregoing Resolve
be confirmed. [Passed June 6.
[IsT Sess.] Province Ijaws (jResolves^ etc.) . — 1766-67. 119
CHAPTER 9.
RESOLVE IMPOWERING JOSEPH PORTER, ADM", TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Joseph Porter Admin'' of the Estate of Sam' Rider Legislative
late of middleborough deceased Setting forth That the said de- c^S^c'l f, xx v*!?,
ceaseds personal Estate is insufficient to pay his just debts, which ^
amount to £31.10.8 more than his personal Estate And praying that House Jour-
he may be impowered to sell so much of the said deceaseds Real 54. ' Province
Estate as will discharge the said debts, and contingent Charges. Ih^^.'io.'^^^'
[Read and]
Resolved That the prayer of this Petition be granted : And that
the Petitioner be & hereby is impowered to make Sale of so much
of the deceaseds Real Estate, where it can best be spared, as shall
amount to the value of Thirty five pounds for the payment of his
Debts, and the charges of the Sale, and to make and execute a good
deed or deeds thereof in the Law; He Observing the directions of
the Law for the Sale of Real Estates by Executors and Adminis-
trators and giving proper caution to the Judge of Probate for the
County of Plymouth, that the proceeds arising by such Sale be
applied to the purposes aforesaid, and the Overplus, if any there
be, to be secured for the benefit of the Heirs. [Passed June 6.
CHAPTER 10.
RESOLVE ALLOWING THE ACCOUNT OF THE TREAS^ OF WORCESTER
COUNTY.
An Account of John Chandler Esq'' Treasurer for the County Legislative
of Worcester being laid before the Court for their allowance, the coundfxxv'r
following Order passed thereon viz' 231.
Resolved That the within Account, being right cast and well House Jour-
vouched be accepted; and that the Treasurer be discharged of the ^^i> pp- i*« 37,
Sum of One hundred & ninety five pounds, fourteen shillings y^^
exclusive of the Sum Twenty two pounds, fourteen shillings and
two pence set on the Town of Woodstock in the year 1765, which
he has paid by order of the Court of Sessions: and that a balance -^
of the Sum of Two hundred forty two pounds, one shilling, one
penny % still remaining due to the County, he be further account-
able for and also for the Tax set on the Town of Woodstock when
received. [Passed JuneQ.
CHAPTER 11.
RESOLVE CONFIRMING A PLAN OF 1,080 ACRES OF LAND TO STORY
DAWES AND PETER ROBERTS.
A Plan of One thousand and eighty Acres of Land laid out in Legislative
satisfaction of a Grant made by the Great and General Court to councif xx v^if
Mess'^ Story Dawes and Peter Roberts Heirs of John White late 231.
120
Frovince Laws (Hesolves, etc.). — 1766-67. [Chaps. 12,13.]
House Jour-
nal, pp. 49, 53.
Ante, p. 46,
chap. 88.
of Boston deceased June 34"' 1765 bounding East on Township
N" 7 South on N° 4 partly, and partly on Is" 5 Townships, West
and North on unappropriated Lands having been presented to the
Court for allowance, the following Order passed thereon viz'
Resolved That the within plan of One thousand and eighty Acres
of Land be accepted: and hereby is confirmed unto Story Dawes
and Peter Eoberts the Heirs of John White deceased, their Heirs
and Assigns forever. Provided that it doth not exceed the said quan-
tity of Acres, nor interfere with any former Grant. \^Passed June 6.
Legislative
Records of the
Council, xxvi.,
232.
House Jour-
nal, pp. 49, 53.
Ante, p. 46,
chap. 89.
CHAPTER 12.
RESOLVE CONFIRMING A PLAN OF 393 ACRES OF LAND TO JOSEPH
WELD AND OTHERS.
A Plan of Three hundred and ninety three Acres of Land which
was laid out in satisfaction of a Grant made by the Great and Gen-
eral Court to M"^ Joseph Weld and others Heirs of John White Esq'
late of Boston deceased June 24*^"^ 1765 bounding South on the
North Line of N° 4 Township, East on a Grant made to Mess"
Story Dawes and Peter Roberts, North & West on unappropriated
Lands having been presented to the Court for allowance, the fol-
lowing Order passed thereon viz'
Resolved the within plan of Three hundred and ninety three
Acres of Land be accepted, and hereby is confirmed unto Joseph
Weld and Others the Heirs of John White Esq'' deceased, their
Heirs and Assigns forever. Provided that it doth not exceed the
said quantity of Acres, nor interfere with any former Grant. [Passed
June 6.
CHAPTER 13.
ORDER IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF
WORCESTER TO SET OFF THE INCOME OF ONE THIRD OF THE
ESTATE OF THE LATE DANIEL BEAL TO HIS WIDOW.
Legislative
Records of the
Council, xxvi.,
232.
House Jour-
nal, pp. 47, 48,
54. Ante,
p. 100, chap.
207.
A Petition of Robert Saunders of Mendou & Mehitabel his Wife,
late Relict Widow of Daniel Beale of said Mendon deceased, and
sole Admin^ of his Estate Setting forth That on the 15'*^ of Jan^
last they preferred a Petition to the General Court praying liberty
to sell the said deceaseds Real Estate for the reasons therein men-
tioned, who thereupon impowered them to sell the House and forty
nine Acres of Land mentioned in said petition; but did not impower
the Judge of Probate to set off the Income of one third part of said
Estate for the Widows L^se during her natural life Therefore pray-
ing the said Judge may be now impowered to set off to her, her
said thirds of said Estate, She giving proper caution for securing
the Heirs of the said deceased.
Read and
Ordered that the prayer of the Petition be granted ; and the Judge
of Probate for the County of Worcester is accordingly impowered
and ordered to set off the Income of one third part of the proceeds
of the Estate of the within named Daniel Beal late of Mendon
[1st Sess.] Province Laws {Resolves, etc.). — 176()-67. 121
deceased, when sold for the most it will sell for, to the late Widow
of the s'^ Daniel 13eal during iicr natural life, the Petitioner giving
sufficient caution to the Judge of Probate for the County of Worces-
ter to secure to the Heirs of the said Daniel Beal the said thirds at
the decease of the said Mehitabel. \^Passed June 6.
CHAPTER 14.
RESOLVE CONFIRMING A PLAN OF 5,500 ACRES OF EQUIVALENT LAND
TO AARON WILLARD AND OTHERS.
A Plan of Five thousand and five hundred Acres of Land sit- Legislative
uate in the County of Berkshire, bounding North on East Hoosuck c«1uncif,xxvL,
partly, and partly on unappropriated Lands, West on the foot of ■^^**-
Hoosuck Mountain, South on the North Line of Lanesborough House Jour-
partly, and partly on JN umber tour iownship, and Last on unap- Province
propriated Lands, being a Grant made by the Great & General K)7rchap."25i;
Court at their Session in Boston June '^S'* 1765 to Aaron Willard. ^tjf ^' I'j ^^•
Esq"' and his Associates proprietors of Township N° three being an
equivalent for a deficiency in said Town, Surveyed June 1765 and
planned by a Scale of two hundred & forty perch in an inch and
includes eleven hundred and seventy six acres, a Grant some time
since made to the Town of Hatfield <p Nath^ D wight Surveyor hav-
ing been presented to the Court for acceptance, the following Order
passed thereon viz'
Resolved That the within Plan of five thousand and five hundred
Acres of Land be accepted and hereby is confirmed unto Aaron
Willard Esq'' and his Associates their Heirs and Assigns forever.
Provided that it doth not exceed the said quantity of Acres nor
interfere with any former Grant they performing the Settlement
originally enjoined by the Court upon the Township Number three
within mentioned. [^Passed June 9.
CHAPTER 15.
RESOLVE IMPOWERING HANNAH POMROY, ADM^, TO EXECUTE A DEED.
A Petition of Hannah Pomroy Admin^ of the Estate of Cap* Legislative
John Pomroy late of Northampton deceased Setting forth That councif, xxvl,
the said John did in the year 1753 sell to Ebenezer Hunt a certain ?^
Tract or parcel of Woodland lying in that division of Lands in said ^aT^^ "^ is^'se
Town called the little Division, and received of the said Ebenezer 37* * ^^' ' '
a consideration therefor, agreable to contract, but dyed without
giving any Deed or conveyance of said Land, and the said Ebenezer
is yet without any title thereto. And praying that she may be im-
powered to give to him a good and effectual deed and conveyance
of the same Land.
[Read and]
Resolved That the prayer of this Petition be granted. And that
the Petitioner be, and hereby is authorised and impowered in her
said capacity to make and execute a deed of Bargain and Sale to
the said Ebenezer Hunt of the said Premises, to have and to hold
122
Province Laws {liesolues, etc.). — 176(5-()7. [Chaps. KJ-l^.]
the same to him in Fee simple. And that such deed when executed,
shall be as good & effectual to all intents and purposes to vest the
whole Estate of the said Premises in him the said Ebenezer, as if
the said deceased had made and executed such Deed of the same
premises in his life time. [Passed June 9.
CHAPTER 16.
RESOLVE GRANTING 500 ACRES OF EQUIVALENT LAND TO EDW» WOOD-
MAN.
Legislative
Records of the
Council, xxvi.,
24(».
Legislative
Records of the
Council, xxvi.,
132. House
Journal, pp. 34,
57.
A Petition of Edward Woodman of Durham in Is^ew Hampshire
praying for an Equivalent on account of a Grant made to his Great
Grandfather Edward Woodman in 1661 which was laid out at a place
now called Londonderry, and falling within the Province of New
Hampshire,
[Eead and]
Resolved that the prayer of the said Petitioner be so far granted ;
and that there be and is hereby granted unto the Petitioner his Heirs
and Assigns forever, Five hundred acres of the unappropriated Lands
of this Province lying in the County of York to be taken up in one
body, in full consideration for the loss he hath sustained as set forth
in his Petition: and that he be allowed twelve months from the date
hereof to return a plan thereof to this Court for confirmation, to
be taken by a Surveyor & Chain men on Oath. [Passed June 9.
CHAPTER 17.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BERK-
SHIRE COUNTY.
Legislative
Records of the
Council, xxvi.,
241.
House Jour-
nal,pp.l4, 19.
An Account of Mark Hopkins Treasurer for the County of Berk-
shire being offered to the Court for allowance, the following Order
passed thereon viz''
Resolved that the foregoing Account, being right cast and well
vouched, be allowed, and that the County be further accountable
to the Treasurer for the Sum of Ten pounds, nine shillings and
four pence % which he has paid out more than he has received.
[Passed June 10.
CHAPTER 18
Legislative
Records of the
Council, xxvi.,
242.
House Jour-
nal, p. 70.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
ANDREW BELCHER, ESQ., IN REGARD TO A JUDGMENT.
A Petition of Andrew Belcher Esq' Setting forth That he
had an Action of Trespass depending at the last Superior Court
held at Plymouth against Enoch Hunt of Weymouth ; but as the
trials upon Civil Actions had been for some time suspended on
account of the Stamp Act, he did not expect the case would have
been called ; but the Court proceeding suddenly on the business he
had no time to summon his Witnesses, by reason whereof the said
[1st Sess.] Province Laws {Resolves, etc.). — 1766-67. 123
Hunt recovered Costs: And praying that Execution may be stayed,
and that he may have a hearing at the next Superior Court at
Plymouth.
Read and
Ordered i\rdt the Petitioner notify the adverse party Enoch Hunt
with a Copy of this Petition that he siiew cause (if any he hath)
on the second Wednesday of the next Session of this Court, why
the prayer thereof should not be granted, and that Execution be
stayed in the mean time. \^Passed June 11.
CHAPTEE 19.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX
COUNTY.
An Account presented by Joseph Appleton Esq"" Executor of ^for|"oft^^e
John Choate Esq"" dec'' late Treasurer of the County of Essex for council, xxvi.,
the allowance of this Court, the following Order passed thereon '—
,„• t HouseJour-
VIZ nal,pp.l4,55.
Resolved That the within Account, being right cast and well ^«<e, p. lo,
vouched, be allowed, and that the balance due to the Estate of the ^ ^
late Treasurer the Hon''''' John Choate Esq"" deceased being Fifty
two pounds, one shilling and two pence ^^2^ the County be account-
able for to the Executor of his last Will and Testament, and that
the present Treasurer M"" Michael Farley be accountable to the said
County for the Sum of One hundred and four pounds, eighteen
shillings and five pence that appears to be due for outstanding
Taxes when he shall receive the same. \^Passed June 11.
,8.
CHAPTER 20.
RESOLVE CONFIRMING THE TOWNSHIP OF MURRAYFIELD TO TIMOTHY
PAINE, JOHN CHANDLER, JOHN MURRAY, ABIJAH WILLARD AND
JAMES OTIS.
A Petition of Timothy Paine, John Chandler, John Murray Legislative
and Abijah Willard Esq" Setting forth That in June 1762 they councu'xxvL^
purchased a Tract of Land of the Government for a Township since '^
which they admitted James Otis Esq"" as a Partner to one fifth of House Jour-
three fourths; that the same is now incorporated into a Town by tl' province
the name of Murrayfield, and that they have nearly complyed with c'tfa^^gY^egJ'
the Conditions of Settlement; but that they have no absolute Grant note; xvu., 243,
from the Government, which prevents them giving a title to pur- " *^'
chasers who appear to buy lots of Land in said Township And
praying that the said Town may be confirmed to the said Timothy
Paine, John Chandler, John Murray & Abijah Willard viz' to the
s** Tim° Paine, John Chandler & John Murray each one fifth, to
the said Abijah Willard one fourth and to the said James Otis one
fifth of three fourths.
[Read and]
Resolved that the Township mentioned in the within Petition be
granted and confirmed to the Petitioners in the following propor-
124
Province Laws {Resolves, etc.). — 1766-67. [Chaps. 21-23.]
tion viz' To the said Timothy Paine, John Chandler and John Mur-
ray each one fifth part thereof: to the said Abijah Willard one fourtli
part thereof; and to the said James Otis one fifth of three fourths
thereof, to them their Heirs and assigns forever, they compleating
the Settlement thereon originally enjoined. \^Passed June 11.
CHAPTER 21
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BARN-
STABLE COUNTY.
Legislative
Records of the
Council, xxvi.,
245.
House Jour-
nal, pp. 14, 37.
An Account of Solomon Otis Esq' Treasurer of the County of
Barnstaple having been laid before the Court for allowance the fol-
lowing Order passed thereon viz''
Resolved that the foregoing account, being right cast and well
vouched, be accepted, and that the Treasurer be discharged of the
Sum of One hundred and sixteen pounds, eighteen shillings & two
pence % which he has paid by order of the Court of Sessions and
that a balance of the Sum of Eighty six pounds, nine shillings &
five pence, still remaining due to the County he be further account-
able for. \^Passed June 12.
CHAPTER 22.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH
COUNTY.
Legislative
Records of the
Council, xxvi.,
246.
House Jour-
nal, pp. 14, 19.
An Account of John Cotton Esq'' Treasurer of the County of
Plymouth having been laid before the Court for allowance the fol-
lowing Order passed thereon viz'
Resolved that the foregoing Account being right cast and well
vouched be allowed ; and that the Treasurer be discharged of the
Sum of One hundred & seventy nine pounds, fifteen shillings and
five pence which lie has paid by order of the Court of Sessions, and
that a balance of the Sum of One hundred and forty six pounds,
twelve shillings and ten pence due to the County, he be further ac-
countable for when by him received. \^Passed June 12.
CHAPTER 23
RESOLVE ALLOWING THE PURCHASERS OF TOWNSHIP N" 3 TO GIVE
BOND FOR THEIR SEVERAL PROPORTIONS OF AMOUNT DUE ON
AARON WILLARDS BOND.
Legislative
Records of the
Council, xxvi.,
246.
House Jour-
nal, pp. 61, 71.
Province
Laws, iv., 1049,
note; xvii.,
242, chap. 50.
Whereas in June 1762 Aaron Willard jun"' of Lancaster Esq'
purchased of this Province the new Township N° 3 lying in the
County of Hampshire adjoining to the Township of Chesterfield
for himself and four Others his associates in the said Purchase, and
gave his Bond to the Treasurer of the Province with Sureties for
the purchase money agreable to the Order of this Court &c And
whereas the said purchaser and his associates have made partition
[1st Sess.] Province Laws (liesolves, etc.). — 1766-67. 125
between themselves of some considerable part of the said Land, and
are now ready to make considerable payment in part of the said
Aaron's Bond aforesaid. And the said Aaron and his Associates afore-
said being desirous and having moved this Court that they may make
their several Securities to tlie Province Treasurer for their several
proportions of tlie Sum that may remain unpaid on his Bond afore-
said.
Resolved That the Province Treasurer be permitted to accept the
several Securities of the said purchaser and his said associates for
their respective proportions of the Sum due on the said Aaron's
Bond aforesaid ; they giving their Bonds with sufficient Sureties
effectually to secure the payment thereof; and that the same being
done the said Treasurer be directed to deliver up to the said Aaron
his said original Bond. [Passed June 12.
CHAPTER 24.
RESOLVE CONFIRMING TOWNSHIP N" 2 TO OLIVER PARTRIDGE, ESQ^,
AND OTHERS.
A Petition of Oliver Partridge Esq'' in behalf of himself & Legislative
Associates Setting forth That in the year 1762 They purchased Council, xxvi.,
of the Government a Township called N" 2 and have performed a '^— .
great part of the duty enjoined on them, but are not impowered to ^aTpp'se'^TT
make Conveyances to the Settlers or Others inclined to purchase. 78. ' Province
And Praying that the said Township may be granted and Confirmed 2427chair5o.
to them, that they may be thereby enabled to make conveyances,
and go on with their Settlements.
[Read and]
Resolved That the Township N° 2 which was sold by this Govern-
ment in 1762 now belonging to Oliver Partridge and Elisha Jones
Esq" and their associates lying in the County of Berkshire bounded
as follows, beginning at the Northeast Corner of Ashuelot Equiva-
lent, thence running East 20 South 2,011 Perch to a Stake and large
heap of Stones, thence South 20 West 2,016 Perch to a large Maple
Tree marked thence West 20 North 2,011 Perch to a small Beach
Tree marked thence North 20 East to the first Bounds, be granted
& confirmed to the said Oliver Partridge and Elisha Jones and their
Associates in the said purchase, and to their Heirs and assigns, they
performing the Settlement thereon originally enjoined; saving the
quantity of two thousand and three hundred Acres of Lands in-
cluded in said Lines which were Grants heretofore made by the Gen-
eral Court to particular persons. [Passed June 13.
CHAPTER 25
RESOLVE DIRECTING THE PROVINCE TREASURER TO PAY £1,112. 18. 1\
TO THE COMMITTEE FOR REBUILDING HARVARD COLLEGE.
Resolved That the Province Treasurer be & hereby is directed to Legislative
pay out of the Publick Treasury to the Committee appointed to councif xIt*!^
Rebuild Harvard Colledge the Sum of Eleven hundred & twelve '-249. Mass.
pounds Eighteen Shillings & seven pence half penny to enable them iviii.,'555a.
126
Province Laws {Resolves, etc.). — 1766-67. [Chaps. 26-28.]
House Jour-
nal, pp. 75, 77,
80, 81. Prov-
ince Laws, r^,„„ iQ
xvii., 470, chap. <J 11116 lo.
231. Ante,
p. 33, chap. 58.
to pay the several ballances now due to the Workmen &c which is
in full for the Charge & Cost of rebuilding said Colledge. [Pasj^ed
CHAPTER 26.
RESOLVE IMPOW BRING THE TOWN OF TYRINGHAM TO RETURN A LIST
OF VALUATION OF RATEABLE POLLS AND ESTATES.
Refordfof the ^ PETITION of William Hale and Others, a Committee of the
Council, xxvi.. Inhabitants of Tryingham Setting forth That they are greatly
over rated to the Province Tax the last year ; and praying an abate-
ment; Whereupon the following Order passed viz^
In the House of Eepresentatives.
Whereas it appears to this House that the said Town at the time
of taking the general valuation had no opportunity to return a List
of their rateable Polls and Estates. Therefore
Resolved That the said Town have leave to return such List to
this House at the next Winter Session to which time their Petition
and all matters relative thereto is referred.
In Council, Read and Concurred. [Passed June 14.
2,50.
House Jour-
nal, p. 79.
Province
Laws, Iv., 866,
note.
Legislative
Records of the
Council, xxvi.,
2.51.
House Jour-
nal, pp. 14, 78,
79.
CHAPTER 27.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK
COUNTY.
An Account of Joshua Ilenshaw Esq"" Treasurer of the County
of Suffolk, being laid before the Court for allowance, the following
Order passed thereon viz*^
Resolved That the within Account, being riglit cast and well
vouched be allowed: and that the Treasurer be discharged of the
sum of Three hundred and twenty five pounds, thirteen shillings
and two pence ^/i which he has paid by order of the Court of Ses-
sions: and that a balance of Sixteen hundred and twenty seven
pounds, one shilling & seven pence still remaining due to the
County, and is outstanding in the hands of several Constables,
he be further accountable for, when by him received. [Passed
June 14.
CHAPTER 28.
RESOLVE IMPOWERING BENJAMIN WITT. ADM«, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
252.
House Jour-
nal, pp. 66, 87.
Province
Laws, ii., 151,
chap. 10.
A Petition of Benj=^ Witt Admin' of the Estate of John Witt
late of Glocester deceased, & Guardian to two of his Children and
of Jacob Parsons Guardian to two more, which four are all Females,
and the only surviving Children of the deceased Setting forth That
the deceaseds Eeal Estate was apprized at Two hundred fifty six
pounds % of which the Superior Court hath ordered to be sold to
the amount of One hundred & sixty pounds for the payment of
[1st Sess.] Province Laws (Besolves, etc.). — 1766-67. 127
debts; but that the whole exclusive of an unfinished dwelling House
is insufficient for the purpose, and the said House cannot be sold
off in parcels; and as the Children are young Praying they may be
inipowered to sell the whole of the said deceaseds Real Estate they
to be accountable.
[Read and]
Resolved that the prayer of this Petition be granted; and that
Benjamin Witt Admin' of the Estate of John Witt within men-
tioned be and he is hereby inipowered to make Sale of the Premises,
mentioned in this Petition for the most the same will fetch, & make
and execute a good deed thereof to the purchaser, he Observing the
Rules and directions of the law relative to the Sale of Real Estates
by Executors and Administrators, and giving caution to the Judge
of Probate for the County of Essex, that the proceeds arising by
such Sale be applied so far as shall be necessary for the purposes
mentioned in this Petition; and that the Overplus, if any be, be
secured for the benefit of the Heirs at law of the said deceased.
[Passed June 16.
CHAPTEE 29.
RESOLVE ALLOWING £13. 7. 5 TO W^' EASTMAN.
A Petition of William Eastman of South Hadley Setting Legislative
forth. That in Jan^ 1761 the General Court appointed a Com- ^^^°^tf, xxv^l.
mittee to repair to South Hadley in consequence of a Petition '^55.
from thence and ordered that the Charge of said Committee should House Jour-
be borne as this Court should hereafter order: That upon the credit pro'vince' '
of the said Order the Petitioner advanced to the said Committee the ^haT'sss-'"' ^^*'
Sum of £13.7.5 on the 21'*^ April 1761; And praying that he may xvii.,'i54,'chap.
have an Order for said Sum with Interest.
[Read and]
Resolved That the Sum of Thirteen pounds, seven shillings and
five pence be paid out of the public Treasury to the Petitioner in
full discharge of his Account as within mentioned, and that the
said Sum of Thirteen pounds, seven shillings and five pence be
added to the Tax of the District of South Hadley in the next Tax
Act. [Passed June 17.
CHAPTER 30.
RESOLVE CALLING A MEETING OF THE TOWNS IN WORCESTER COUNTY
FOR THE CHOICE OF A COUNTY REGISTER.
Whereas it so happened in the County of Worcester in May last Legislative
that there was no choice of a County Register by reason of no one council, xxvi.,
person's having a majority of Votes. Therefore ?^!!^ .
Resolved that James Putnam and Josiah Brewer Esq" two of the ^^"j"?f gi"^*""
Justices in and for the said County be, and hereby are impowered Province
Laws ii 8
to grant out their Warrants directed to the Selectmen of the sev- chap.'s.'' '
eral Towns within the said County of Worcester, requiring them
forthwith to convene the Freeholders of their respective Towns,
and proceed to the choice of some meet person for Register of
128
Province Laws {Resolves, etc.). — 1766-67. [Chaps. 31, 32.]
Deeds and Conveyances: And the said Justices shall make their
Warrants returnable to themselves at a certain day as soon as con-
veniently may be, requiring the said Selectmen to seal up the Votes
for Register, and return them together with the said Warrants.
And the said James Putnam and Josiah Brewer shall at the same
time give out their Notifications to the major part of the Justices
of said County of their proceedings therein, desiring them to meet
upon the day appointed for the Return of said Warrants at the
Court House in said County: and the major part of the Justices
of said County being met together on such day, the said Votes for
Register shall be opened and sorted in presence of the said Justices,
and the person having the most Votes shall be Register of Deeds
for said County until the time appointed by Law for the Election
of Registers through the Province. {^Passed June 18.
CHAPTEK 31
RESOLVE ESTABLISHING THE GARRISONS AT CASTLE WILLIAM AND
FORT POWNALL AND THE WAGES THEREOF.
Legislative
Records of the
Council, xxvi.,
25S. Mass.
Archives,
Ixxx., 608.
Mass.
Archives,
Ixxx:, 609.
Legislative
Records of the
Council, xxvl.,
'255,256. House
Journal, pp. 76,
77. Po.s<,p.l40,
chap. 53; p. 146,
chap. 68; p. 262,
chap. 77.
Resolved that there be allowed Forty Men officers included for
the Defence of his Majesty's Castle William, and that the follow-
ing Establishment be made for their Wages to continue for One
Year from the Twentieth day of June current Viz
For One Captain
One Lieutenant
A Chaplain
A Gunner
A second Gunner
One Armourer
Two Sergeants
Six Quarter Gunners t>
Four Corporals t>
One Drummer t*
Twenty one privates P"
P Annum
t> ditto
P d" .
■t> d° .
^ do .
P Month
\y d" each
d»
d»
do
d"
each
each
each
£')6. 3.
•28. 11.
33. 6.
45. 6.
33. 6.
2. 4.
1. 12
1. 12
1. 9.
1. 9.
1. 4.
Resolved That the Establishment of Fort Pownall at Penobscot
from the twentieth of June Curr'' for One Year be as follows
For One Lieutenant P Month
A Chaplain ^
One Interpreter W
One Gunner P
One Sergeant %>
Fifteen Privates F
do
do
do
do
do
each
£3
4
3
3
1.
1.
\Passed Jtme 18.
CHAPTER 32.
RESOLVE ALLOWING £7. 5 TO THE TOWN OF GRAFTON.
Legislative
Records of the
Council, xxvi.,
260. Mass.
Arcliives,
cxviil., 190.
Mass.
Archives,
cxviii., 190.
A Petition of Ephriam Sherman Agent for the Town of Graf-
ton praying that the Fine laid on said Town the last year for not
sending a Representative may be remitted in consideration of the
smallness of the said Town, and the great Expence they were at
in purchasing a new County Road.
Read and
[1st Sess.] Province Laws {liesolves, etc.). — 1766-H7. 129
Resolved that there be allowd & paid out of the Province Treas- House Jour-
ury to the with in named Ephraiin Sherman for the Use of the pro'vinw''*^'
Town of Grafton tlie Sum of seven pounds five shillings, that Sum cbaT'is^'' ''"^'
being laid on said Town as a fine for their not sending a representa-
tive to the Great & Gen' Court the last year. \^Passed June 19.
CHAPTER 33.
RESOLVE DECLARING THE PROCEEDINGS AT A TOWN MEETING IN
GREAT HARRINGTON TO BE NULL AND VOID AND IMPOWERING THE
SELECTMEN THEREOF TO CALL A NEW MEETING.
Resolved Tliat the Town Meeting holden in Great Harrington in Legislative
March last was irregular and illegal, together with the choice of coum'n xxvf
Officers then made, and the same is hereby set aside & declared to '26i.
be null and void: And that the Selectmen of Great Barrington for Legislative
the last year be, and hereby are Ordered to issue their Warrants for councif, xxvi?,
calling another Meeting of the said Town to be holden at the Meet- f^'l^.^^^]^^^
iug House in said Great Barrington on the second Monday of July 67,84,87) as, 96.'
next at ten O'Clock in the Forenoon, to act upon the several Articles
that were to have been acted upon at the Meeting aforesaid on the
24*'' of March last : and that all Elections of Officers and other mat-
ters or things that may be transacted or done at said Meeting shall
to all Intents and purposes whatsoever be as legal and valid, as if
the same had been made, acted upon, or done, in the Month of
March ; and that Joseph Hawley Esq'' be, and hereby is impowered
& authorised to act as Moderator of said Meeting. [^Passed June 19.
CHAPTER 34.
ORDER REFERRING THE CONFIRMATION OF A PLAN OF A TOWNSHIP TO
JOS. SYLVESTER AND OTHERS AND ORDERING A SURVEY THEREOF.
A Plan of the Contents of seven Miles square said to have been -Legislative
granted for a Township to Cap* Joseph Sylvester & Others their councif xx*vf
Descendents and Assigns, but endorsed Plan of a Township granted 26i. Mas's!
to Warren & Others, bounded as follows viz' beginning at a great ^vil^.^nV.
Rock in xindroscoggin River, the Northerly Corner of Bakers Town ^j;;^^
so called, and from thence runs Southwest in the Line of said Bakers Archives^,
Town four Miles to a stake, then Northwest six miles and a half to MaY.saiui''
a Stake, then North East ten Miles and a half to said River, and xxl''vi'i.!^32:'
then with said River to the first Corner: being presented for accept- House Joui--^
ance, the following Order passed thereon viz' foo.'^'^We, *"'
The within plan was presented for Acceptance, and Confirmation, p- **• ^^^p- ^^•
and it Appearing that the Proprietors of the Township granted to
Cap* Sylvester have made the first, & regular Pitch of the Lands
Contained in the Plan,
Ordered that the Plan Lye to the next setting of the Court, &
in the mean Time that the said Proprietors, be directed to make
An Actual Survey of said Lands, by A Surveyor & Chainman on
Oath & return the Same to this Court. [Passed June 19.
130 Province Laws {Resolves, etc.). — 1766-6 7 . [Chaps. 35,36.]
CHAPTER 35.
RESOLVE IMPOWERING ELEAZER PORTER, EXECUTOR, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
legislative A PETITION of Joliii Chester Williams and Xehemiah Williams
Council, xxvi., of Hadlej Minors Setting forth That in March last a dwelling
ArchivesTxix., House to them belonging in said Town was consumed by Fire; and
1^ although the people have generously set them up a Frame, and in
Mass. part covered it, yet they were unable to finish it, and their Interest
742!^ House^^'' in said Town is so small that they should not incline to settle there.
36"8™92 ^4"^^' -^^^^ praying liberty to sell the said Materials, and the Lot whereon
Province it stands Containing about ten Acres; the produce to be improved
chap. 10. lor their benefit.
[Eead and]
Resolved That the Prayer of the s*^ Petition be granted & that
Eleazer Porter Esq of Hadley one of the Executors of the Last
Will of the Late Father of the said petitioners be & he is hereby
impowred in the Name & Behalf of the s*^ Petitioners »& for their
Use & Benefit to make Sale of the premisses in s'* petition men-
tion'd for the most the same will fetch & to make & execute in
their names a good Deed thereof to the purchassers lie the s'*
Eleazer observing the Directions of the Law of this province rel-
ative to the sale of real Estates by Executors or Admin" & giving
Caution to the Judge of probate for y*" County of Hampshire to
account for the proceeds of s*^ Sale to the s*^ Petitioners when re-
quired. \^Passed June 19.
CHAPTER 36.
RESOLVE CONFIRMING THE TOA\T^ WAYS OF TOWN OF BOLTON.
Recordfof the ^ MEMORIAL of Nath' Lougley and Others Selectmen of Bol-
Councii, xxvi., toii Setting forth That by reason of some Irregularities in their
"^ : proceedings relative to the laying out of Highways in said Town,
naTpp'^4?^i)'2, ^licy are liable to be controverted, tho' no disputes have as yet arisen
103.' ' ' concerning them. And praying that said Roads and Ways as they
now stand Recorded on the Town Book may be confirmed.
[Read and]
Resolved that the prayer of this Petition be granted, and all those
Ways mentioned therein which have been laid out by the Selectmen
and accepted by the Town of Bolton, notwithstanding the omission
of any Clerk of said Town in making a Record of the acceptance
thereof by said Town. And also the other Ways which have been
accepted by said Town on a general Clause in the Warrant without
any particular description of the same, be, and hereby are, estab-
lished and confirmed as Town ways to all intents and purposes, the
aforesaid Defects notwithstanding. \^Passed Jime 19.
[1st Sess.] Frovince liAViS (Besolves, etc.). — 1766-67. 131
CHAPTER 37.
RESOLVE IMPOWERING BENJ* KENDALL, GUARDIAN, TO SELL REAL
ESTATE, AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Bonj* Kendall Guardian to Ruth Cozzens a Minor LeRisiative
of about fifteen years of age Setting forth That the said Minor is couucn. xxl^f,
seized of four parcels of Land lying in Sherburn Ilolliston & Doug- 26 3.
las, all unimproved, and valued at Forty pounds. That the said House Jour-
Minor is in a weak state, and has already incurred sundry charges "'ro'viuce''^"^"
for Physicians, Nurses &c and has now an opportunity of selling ^ian^'/y'^^^'
two of the said parcels at the apprized value, and the Friends &
relatives of the said Minor apprehend it best that the whole should
be sold. Therefore praying that he may be impowered to sell the
said four parcels of Land under such restrictions as this Court shall
judge proper.
[Read and]
Resolved that the prayer of this Petition be granted ; and that
Benj'* Kendall Guardian to Ruth Cozzens be, and he is hereby im-
powered to make Sale of the Premises mentioned in this Petition
for the most the same will fetch, and to make and execute a good
deed or deeds thereof to the purchasers, He observing the direc-
tions of the Law relative to the Sale of Real Estates by Exec" and
Admin", and giving caution to the Judge of Probate for the County
of Middlesex that the proceeds arising by said Sale be applied for
the benefit of the said Ruth. \^Passed June 19.
CHAPTER 38.
RESOLVE IMPOWERING ISAAC RIDGEWAY, EXECUTOR, TO SELL REAL
ESTATE, AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Isaac Ridgway surviving Executor of John Ridg- Legislative
way late of Boston deceased Setting forth That the deceaseds councif xxvi**
personal Estate falls short of paying the debts due and owing from 264.
the said deceased to the amount £135.13.11 That he left a dwelling House Jour-
House and Land situate in Royal Exchange Lane in said Boston 102.' ^Province
apprized at £266.13.4 which is going out of Repair, and not worth l^iws, ii., 151,
so much now, as at the time of the Testators death. That it cannot
be so divided as to sell to advantage, and as one half of those in-
terested therein are of age, and desirous with the Guardians of the
Others that the whole may be Sold, Praying that he may be impow-
ered to sell the same accordingly.
[Read and]
Resolved That the prayer of this Petition be granted, and that
the said Isaac Ridgway Exec"" of the Estate of John Ridgway as
mentioned in the within Petition, be and he is hereby impowered
to make Sale of the premises mentioned in this Petition for the
most the same will fetch, and to make and execute a good deed
thereof to the purchaser, he observing the directions of the Law
relative to the Sale of Real Estates by Exec" and Admin" & giving
caution to the Judge of Probate for the County of Suffolk that the
proceeds arising by said Sale be applied for the purpose within men-
tioned, and the Overplus if any there be, put to Interest for the
benefit of the Heirs. \_Passed June 19.
132
Province Laws {Resolves, etc.). — 1760-67. [Chaps. 39, 40.]
Legislative
Records of the
Council, xxvi.,
264.
House Jour-
nal, pp. 82, 103.
Province
Laws, ii., 151,
chap. 10.
CHAPTER 39.
RESOLVE IMPOWERING JOSIAH JONES, ADM", TO SELL REAL ESTATE.
A PETiTioisr of Benj^ Hopkins, Grandfather of the Children of
Josiah Jones kite of Wilmington deceased ; Thomas Pierce their Guar-
dian and Josiah Jones Admin"" of the said deceaseds Estate Setting
forth That there is need of selling part of the deceaseds Real Estate
to the amount of £110.18.11 at least, for the payment of debts; that
he left six Children, all under fourteen years of age, and a Real
Estate apprized at £386.13.4, which is so circumstanced, as that to
sell only enough to pay the debts aforesaid, will greatly endamage
the rest, as it will then make but a poor Settlement: and as it will
be so long before the Children come of age, the Buildings & Fences
must necessarily go out of Repair, and praying that liberty may be
given to sell the whole for the benefit of the Heirs.
[Read and]
Resolved That the prayer of the Petition be so far granted as that
Josiah Jones one of the Petitioners in his capacity as Administra-
tor be and he is hereby impowered to make sale of so much of the
said deceaseds Real Estate where it will be least prejudicial to the
remainder, as will sell for One hundred and fifteen pounds, to enable
him the said Petitioner to satisfy the deceaseds just debts and the
Charges of Sale, and to make and execute a good Deed or deeds of
conveyance thereof in the Law; he observing the directions of the
Law respecting the Sale of Real Estates by Executors and Admin"
and giving sutiicient caution to the Judge of Probate for the County
of Essex to account with him for the proceeds thereof. {^Passed
June 19.
CHAPTER 40v
RESOLVE IMPOWERING EBEN« WILLIS, GUARDIAN, TO SELL REAL
ESTATE.
Legislative
Records of the
Council, xxvl.,
265.
House Jour-
nal, pp. 72, 102.
Province
Laws, ii.,151,
chap. 10.
A Petition of Ebenezer Willis of Dartmouth Guardian to Zeruiah
Tupper W^idow a person Non compos mentis, and also to her daughter
Elizabeth Tupper a minor under fourteen years of age, both of Sand-
wich in the County of Barnstaple, Setting forth That they are both
interested in a Dwelling House and Barn and small tract of Land
adjoining, and in some Wood Lands in Sandwich. That the House
and Fence are much out of Repair, and the Widows part of the
Rent insufficient for her support; that the Interest of what it would
sell for would amount to double the Rent; and that it would there-
fore be of advantage to both to have the Estate sold and the money
arising by said Sale improved at interest for the benefit of the Con-
cerned. And praying that he may be impowered to sell the same
accordingly.
[Read and]
Resolved That the prayer of this Petition be granted, and that
Ebenezer Willis Guardian to Zeruiah Tupper Widow and her daughter
Elizabeth a Minor within mentioned, be and he is hereby impow-
ered to make Sale of the premises mentioned in this Petition for
the most the same will fetch,- and make and execute a good deed
[1st Sess.] Province \jkvfs {Resolves, etc.). — 176()-67. 133
or deeds thereof to the purchaser; he observing the Eules and direc-
tions of the Law relative to the Sale of Eeal Estates by Exec" and
Admin", and giving caution to the Judge of Probate for the County
of Barnstaple that the proceeds arising by such Sale be applied for
the purposes mentioned in this Petition. [Passed June 10.
CHAPTEK 41.
RESOLVE IMPOWERING WILL" ELLIS, GUARDIAN, TO SELL LAND AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of William Ellis of Dedham Guardian and Grand- R®®'r|f"'f.u
father to Rebecca Bullard a Minor of about fourteen years of council, xxvi.,
age Setting forth That the said Minor hath a Tract of Land in '^—
said Dedham containing about twelve Acres, the rent of which is ^^i'^pp^?')^'io2
scarcely sufficient to pay the Taxes & Eepairs; and yet would sell Province \
for Eighty pounds; that the said Land lyes remote from the House chap^'ioV' ^ '
and Other Lands belonging to said Minor: and praying that he may
be impowered to sell the same for the benefit of his said Grand
Child.
[Read and]
Resolved That the Prayer of the Petition be granted, and that
William Ellis the Petitioner be and hereby is fully authorized and
impowered to make Sale of the Land mentioned in said Petition
for the most the same will fetch, and to execute a good deed or
deeds in the Law of the same ; observing the directions of the Law
for the Sale of Real Estates by Executors and Admin", and giving
sufficient caution to the Judge of Probate for the County of Suf-
folk that the Money arising by the Sale be put out to Interest for
the benefit of Rebecca Bullard the Minor mentioned in the Peti-
tion, and paid to her at her Marriage or when she shall come of
age. [Passed June 20.
CHAPTER 42.
RESOLVE IMPOWERING JUSTUS SACKET, EXECUTOR, TO EXECUTE A
DEED.
A Petition of Bethesda Sacket and Justus Sacket Exec" of the Legislative
last Will of Eliakim Sacket late of Westfield deceased Setting coSxlt^®,
forth That the said Eliakim had in his life time bargained with "^^ .
Isaac Bartlett of Granville for a Tract of Land containing One hun- House Jour-
dred and ten Acres lying in said Granville, for which he gave seen- "'^ •!'?•' •
rity to pay in a limited time, and thereupon the said Eliakim gave
his Bond to make a deed of conveyance when payment should be
made as aforesaid. But the said Eliakim dyed before the said Con-
tract was fulfilled, and as payment is already made in part, and the
rest of the money ready upon the deeds being executed Praying
that they may be impowered to make a deed of said Land accord-
ing to Contract.
[Read and]
Resolved That the prayer of the Petition be granted ; and that
Justus Sacket one of the Petitioners and an Executor of the last
lU
Province Laws {Resolves^ etc.). — 1766-67. [Chap. 43.]
Will & Testament of Eliakim Sacket late of Westfield deceased,
be and hereby is impowered to make and execute a good deed of
conveyance of the Land mentioned in the Petition to said Isaac
Bartlett, agreable to the Condition of the Obligation which said
Eliakim Sacket in his life time gave to said Bartlett. \^Passed
June 20.
CHAPTER 43.
Legislative
Records of the
Council, XX vi.,
268.
Mass.
Archives,
cxxv., 3i5.
House Jour-
nal, pp. 92, 93.
Ante, p. 50,
chap. 95.
RESOLVE ALLOWING THE ACCOUNT OF THE PROVINCE TREASURER
FROM MAY 29, 1765, TO MAY 28, 1766, AND DISCHARGING HIM OF
£122,776. 9. 2.
The Committee to whom was referred the Examination of the
Accounts of Harrison Gray Esq' Treasurer and Receiver General
of his majesty's Revenues within his Province of the Massachusetts
Bay in New England, beginning the 39^'' of May 17G5 ending the
28'" of May 1766 having attended that Service upon examining the
same find them right cast and well vouch'd, by which it appears
that the said Accomptant charges himself with the Sum of Seventy
nine thousand, five hundred forty nine pounds, nine shillings and
two pence, being so much due for Taxes as represented by his last
Accompts: Also with the Sum of One hundred thirty one thousand,
nine hundred forty eight pounds one shilling, the balance due by
last Accompts: with the Sum of Fifty two thousand, six hundred
fifty nine pounds and seven pence laid upon Polls and Estates by
virtue of an Act of the General Court, passed at their Session in
May 1765. Also with the Sum of Twenty thousand, seven hundred
forty one pounds, eight shillings received for Bills of Exchange
drawn on Jasper Mauduit Esq'' Also with the Sum of Twelve thou-
sand three hundred, eighty five pounds borrowed of sundry persons
by virtue of an Act passed the Great and General Court at their
Session in May 1764. Also with the Sum of Two hundred pounds
received of Thomas Foster Esq' which Sum he received out of
the Treasury as Agent for the Town of Plymouth for repairing the
Town Beach, which Sum the Town refused to accept of, upon the
Condition it was granted. Also with the Sum of One thousand
pounds received of M' Commissary Hubbard being the profits of
the Indian Trade. Also with the Sum of Sixteen hundred, seventy
one pounds, one shilling and ten pence received of the Farmers of
Excise upon Tea, Coffee &c With the Sum of Eleven thousand four
hundred fifty eight pounds, fifteen shillings & four pence received of
the Collectors of Excise upon Spirituous Liquors. With the Sum of
Two pounds received of Justice Brown for Fines. With the Sum
of Three pounds, ten shillings of Col" Warren for Fines. With tlie
Sum of Thirty pounds received of Sheriff Pearson for Fines. With
the Sum of Twenty six pounds seventeen shillings and eight pence
received of his Honour Thomas Hutchinson Esq' for Lands taken
in Execution upon £100,000 Loan. Also with the Sum of Twelve
hundred thirteen pounds, eight shillings, and eleven pence received
of James Russell Esq' Commissioner of the Impost Duties. All
which Sums amount to Three hundred and twelve thousand, eight
hundred, eighty eight pounds, twelve shillings and six pence.
The Committee further find that the said Accomptant discharges
[IsT Sess.] Province Laws {Resolves^ etc.). — 176(3-67. 135
himself by sundry payments and disbursments by Order of the Gov-
ernor and Council amounting to Nineteen thousand and nineteen
pounds, eight shillings and one penny. Also by sundry Government
Securities burnt by a Committee of both Houses, amounting to
Ninty three thousand, one hundred sixty four pounds, nineteen
shillings and eight pence the Interest included. Also with the Sum
of Ten thousand five hundred and ten pounds, thirteen shillings
and four pence paid the Possessors of Government Securities for
one years interest from May 1765 to May 1766. Also by a remittance
of Bernard Town Taxes for 1763 & 1764 amounting to Thirty nine
pounds three shillings and four pence. Also by a remittance of Hunts
Town Taxes for 1762, 1763 & 1764 amounting to Forty two pounds
fourteen shillings and nine pence. Also by Taxes still outstanding,
amounting to Eighty five thousand, one hundred thirty nine pounds,
sixteen shillings and five pence. And by balance in hand further to
account for One hundred and four thousand nine hundred seventy
one pounds, sixteen shillings & Eleven pence. All which Sums
amounting in the whole to Three hundred, twelve thousand, eight
hundred eighty eight pounds twelve shillings and six pence.
Whereupon the following Order passed the Court viz*
Resolved That the Treasurer be and hereby is discharged of the
several Payments in the foregoing Account amounting to One hun-
dred twenty two thousand seven hundred and seventy six pounds
nine shillings & two pence. And that he be further accountable for
the Sum of Eighty five thousand, one hundred and thirty nine
pounds sixteen shillings and five pence outstanding Taxes due from
the several Towns when received into the Treasury. And the further
Sum of One hundred and four thousand, nine hundred and seventy
one pounds, sixteen shillings and eleven pence balance in hand.
{^Passed June 20.
CHAPTEE 44.
VOTE APPOINTING A COMMITTEE TO BURN GOVERNMENT SECU-
RITIES.
In Council Legislative
Voted that Thomas Hubbard, Andrew Belcher, & James Pitts coS^ctf.xxv^i!;
Esq" with such as the hon**'^ House shall join, be a Committee in ArcM^es^ dv
the Eecess of the Court, to repair to the Treasurers, take an Account 384.
of y" Province Securities, which may have been redeemed by him, House Jour,
see them consumed to Ashes, and make report, at the next sitting ^^^' ^^' ^^*'
of the General Court
In the House of representatives
Eead & Concurrd & M"^ Speaker M"" Hall M' Hancock & M"" Sheafe
M' Otis & M' Adams are joynd in the Affair. {Passed June 21.
136
Province Laws {Besolves, etc.). — 1766-67. [Chaps. 45, 46.]
CHAPTER 45.
RESOLVE RELEASING A CERTAIN TRACT OF LAND TO BENJ* GOOD-
RICH AND OTHERS.
Legislative
Records of the
Council, xxvi.,
271.
House Jour-
n.al, p. 241
(February,
1766) ; pp. 82,
99, 105, 106.
Ante, 13. 64,
Chap. 120.
On the Petition of Charles Goodrich in behalf of BenJ" Good-
rich, Daniel Goodrich, Benjamin Goodrich Jim'', Samuel Goodrich
Nathan Goodrich, Jeremiah Osborn, Hezekiah Osborn Dudley Dem-
ming, Joshua Simons, Eleazer Deming, Hezekiah Talcot and Israel
Talcot, presented to the last Court & referred to this time, Praying
that they might be admitted to purchase of this Government the
unappropriated Land in this Province West of Pittsfield.
[Read and]
Resolved That all the Right and Title of this Province in and to
a certain Tract of Land lying Westward of Pittsfield in the County
of Berkshire, bounded Eastward by the Township of Pittsfield afore-
said, Northward by a Line of the same course by the North Line
of the said Pittsfield, running from the Northwest corner of the
said Pittsfield to a Line running from the Northwest corner of the
Oblong, to the Northwest Corner of Williamstown, Westward by
the Line last mentioned, Southward by a Line of the same course
with said Pittsfield South Line, and running from the said Pitts-
field Southwest Corner to the aforesaid Line running from the said
Oblong Northwest Corner to the Northwest Corner of Williamstown
aforesaid. Always excepting Five hundred Acres within the Lines
aforesaid viz* Two hundred Acres owned by Joseph Barker, and
Three hundred Acres owned by Ephraim Keys; the said Tract
exclusive of said five hundred Acres, supposed to be in quantity
six thousand three hundred and thirty six Acres, be released and
quitclaimed to the abovenamed Petitioners, and Samuel Lamb and
Theophilus Bishop. To have and to hold one fourteenth part of the
above described Premises to each of the above named Petitioners,
and the said Samuel Lamb and Theophilus Bishop in fee Simple.
Provided They will pay or give good security for the payment to
this Government of Three hundred and sixteen pounds, sixteen shil-
lings lawful money within twelve months. \^Passed June 21.
CHAPTER 46.
Legislative
Records of the
Council, xxvl.,
273.
House Jour-
nal, pp. 91, HO.
RESOLVE IMPOWERING ERASTUS SACKETT TO PROSECUTE AN ACTION.
A Petition of Erastus Sackett of Pittsfield Setting forth That
certain differences arising between him and his Brother Jesse Sacket
on the one part, and their Mother Abigail Sacket Widow of their
late Father Joseph Sacket deceased on the other part they sub-
mitted the matters in controversy to the determination of Referrees,
who by their Award dated IS"" October IToT ordered that the Peti-
tioner and his said Brother Jesse should each of them pay to their
said Mother thirty five shillings a year in lieu of her dower; in pur-
suance of which Award lie became bound to his said Mother for the
payment of thirty five shillings a year as aforesaid, and accordingly
paid her the same, the first year, and has from year to year for
divers years since tendered the payment of said Annuity, as it
[1st Sess.] Province Laws {Resolves, etc.). — 1766-67. 137
became due; but she the said Abigail hath refused to receive it, and
brought an Action for lier dower and recovered the same of and in
a Messuage in Pittstiehl part of the deceaseds Estate settled on the
Petitioner. That said Abigail's Bond of submission upon which the
Award was founded, was given jointly to tlie Petitioner and his said
Brother Jesse, by whose Coven and Collusion it is, that his said
Mother has brought her Action aforesaid, and therefore he justly
apprehends he may be defeated by his said Brother in case he should
bring his Action on the said Bond for remedy. And praying the
interposition of this Court for his Relief.
[Read and]
Resolved That the prayer of the said Petition be granted. And
that the said Erastus Sacket be, and hereby is impowered to com-
mence and prosecute his Action on the Bond of submission in his
Petition mentioned in the same manner as if he was named sole
Obligee therein. And that the Court or Courts before whom the
said Action may be, are hereby impowered to hear and determine
the same, to give Judgment and award Execution therein for said
Erastus for his just debt or damages and Cost, as if the said Jesse
was not named in said Bond. {^Passed June 21.
CHAPTER 47.
RESOLVE IMPOWERING SAM'- GILL, PICKELLS GUSHING, AND BENJAMIN
LINCOLN, JR., TO SELL REAL ESTATE.
A Petition of Samuel Gill jun"" and Sarah his Wife, Pickells Legislative
Cushing and Abigail his Wife, and Benj^ Lincoln jun' Guardian to c^unc*if xiv"!*^
Lucy Hatch, the said Sarah, Abigail, and Lucy, being all the sur- 273.
viving Children and Heirs of Ebenezer Hatch late of Pembroke House Jour-
deceased Setting forth That the said deceased died Intestate in if4 ; ^'^rJ^'ince
the year 1756, and that his whole Real Estate consists of a small Laws.u., isi,
dwelling house and Barn and forty odd Acres of Land lying in ^"
Pembroke, which has been hitherto rented for the benefit of the
said Children, and their Mother, but is now much out of Repair,
and as two of the said Children are settled in other Towns, and
the Mother is desirous to receive her proportion of the Interest
money arising on the Sum the Estate may sell for in lieu of her
Dower Praying that the said Samuel Gill, Pickells Cushing and
Benj^ Lincoln may be impowered to sell the said Estate, they ac-
counting with the Judge of Probate for the County of Plymouth
for the proceeds thereof.
[Read and]
Resolved that the prayer of this Petition be granted ; and that
the within named Samuel Gill Pickells Cushing and Benj* Lincoln
jun' be, and they hereby are impowered to make sale of the premises
mentioned in this Petition for the most the same will fetch, and to
make and execute a good deed of conveyance thereof in Law to the
purchaser; they observing the direction of the Law respecting the
Sale of Real Estates by Executors and Administrators, and giving
proper caution to the Judge of Probate for the County of Plymouth
that the proceeds arising by such Sale be applied to the purposes
mentioned in this Petition. \^Passed June 21.
138
Province Laws {Resolves, etc. ) . — 1766-67. [Chaps. 48-50.]
CHAPTER 48.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLE-
SEX COUNTY.
Legislative
Records of the
Council, xxvi.,
274.
House Jour-
nal, pp. U, 110.
The Account of James Russell Esq' Treasurer of the County
of Middlesex being laid before the Court for allowance, the follow-
ing Order passed thereon viz'
Resolved That the within Account, being right cast and well
vouch'd be accepted : and that the Treasurer be discharged of the
Sum of Two hundred thirty nine pounds, tliree shillings and seven
pence, which he has paid by order of the Court of Sessions; and
that the balance being the Sum of Three hundred seventy four
pounds, seventeen shillings and one penny still remaining due to the
County, the said Treasurer be further accountable for. \^Passed
June 21.
CHAPTER 49.
ORDER APPOINTING A COMMITTEE TO TAKE THE SECURITIES FOR
THE PAYMENT OF LAND SOLD BENJ* GOODRICH & OTHERS.
Legislative
Records of the
Council, xxvi.,
Ante, p. 136,
chap. 45.
In the House of Representatives.
Ordered that M"^ Hawley & M'' Johnson be a Committee with such
as the Hon'''® Board shall join to take the Securities for the payment
of the monies into the Province Treasury for the Lands in the West-
ern parts of this Province, lying AVestward of Pittsfield in the County
of Berkshire, to be sold to Benj* Goodrich, Daniel Goodrich, Ben-
jamin Goodrich jun' and Sam' Goodrich, Nathan Goodrich, Jere-
miah Osborn, Hezekiah Osborn, Dudley Deming, Joshua Simons,
Eleazer Demming, Hezekiah Talcot and Israel Talcot, Samuel Lamb
and Theophilus Bishop.
In Council, Read and Concurred, and Royall Tyler Esq' is joined
in the affair.' \^Passed June 24.
CHAPTER 50.
ORDER REMITTING TO THE TOWN OF UXBRIDGE £10 FINE FOR NOT
SENDING A REPRESENTATIVE.
Legislative
Records of the
Council, xxvi.,
277. Mass.
Archives,
cxvlll., 191.
Mass.
Archives,
cxvlii., 191.
House Jour-
nal, pp. 118, 119.
Province
Laws, iv., 825,
chap. 18; 866,
note.
A Petition of Ezekiel Wood Agent for the Town of Uxbridge
praying that in consideration of the great charge they have been
at within two years last past, and great loss of Inhabitants in the
year 1762 by a mortal and distressing distember with the expence
and damage consequent thereon; the Fine laid on said Town the
last year for not sending a Representative may be remitted.
In the House of Representatives
Read &
Orders, that the Prayer of this Pet° be granted & that the Treas-
urer be & is hereby directed to pay unto M"" Ezek' Wood for the Use
' Not found in the House Journal.
[1st Sess.] Province Laws (Resolves, etc.). — 1766-67. 139
of the said Town of Uxbridge the Sum of Ten Pounds a fine laid
on them by this House for neglecting to send a Representative the
last year
In Council
Read and Concurred. [Passed June 24.
CHAPTER 51.
RESOLVE ALLOWING £5. 2. 8 TO FRA" LE BLANC, ETC, LegiBlatlve
Records of the
. T T 1 re Council, xxvl.,
Resolv^ that the prayer of the Petetion of Francis Le Blanc [for 278. Mass.
assistance. — Mass. Archives, xxiv., 572] be so far granted that the xxiVJstt'.
Sum of five pounds Two Shillings and Eight pence be paid out ^^^ ~~
of the Province Treasury to pay the Docters Bill as Set forth in ^^i^^'l^j 573
the s*^ Francises Petetion and that the Town of Brimfield and South Legislative
Brimfield be notefied that they may Shew Cause if any They have c^X^f, xlv^^
on the Second Tuesday of the Next Setting of this Court why the "^JuriSufp. 75,
Sum of five pounds Two Shillings and Eight pence Should not be 76, 81, 11s.
aded to their next years Province Tax. [Passed June 24. lIxvs.^i'v., 995,
note.
CHAPTER 52.
RESOLVE IMPOWERING THE ASSESSORS OF THE TOWN OF SHUTES-
BURY TO ISSUE WARRANTS TO CONSTABLES FOR THE COLLECTION
OF TAXES.
A Petition of Eben'' Child and Others Assessors of the Town Legislative
of Shutesbury Setting forth That in the year 1765 they assessed g^;i°"en'xxv^i^,
the Inhabitants of said Town, but neglected giving a Warrant to 273.
the Constables for collecting the same until other Constables were House Jour,
chosen the next year: And praying that they may be authorised to Provmc" ' ' ^^'''
issue their Warrants to the Constables for the said year, and that ^qj'^^' *^-' ^^^'
such Warrant be accounted valid.
[Read and]
Resolved That the prayer of this Petition be granted, and that
the assessors of the Town of Shutesbury for the year 1765 be and
hereby are impowered and directed to issue their Warrants for col-
lecting the Town «& County Tax committed to the Constables of
the said Town of Shutesbury for the Year 1765 to collect, notwith-
standing the time being elapsed for issuing the same: And the Con-
stables for the year 1765 are also hereby directed and impowered
to observe the same and to compleat their Collections, and pay in
the same as by their said Warrant they shall be required and directed.
[Passed June 24.
140
Province Laws {Resolves, etc.). — 1760-67. [Chaps. 53-55.]
CHAPTER 53
Legislative
Records of the
Council, xxvi.,
278. Mass.
Archives,
Ixxx., 609.
Mass.
Archives,
Ixxx., 608.
Legislative
Records of the
Council, xxvi.,
262,270. House
Journal, pp. 76,
118. Ante,
p. 128, chap. 31.
RESOLVE ALLOWING TEN MEN ADDITIONAL FOR THE DEFENCE OF
CASTLE WILLIAM, AND ESTABLISHING THE PAY THEREOF.
Resolved that there be allowed Ten Men in addition to the twenty
one privates allowed the 12"" Ins' for the Defence of his Majesty's
Castle AVilliam upon the Establishment of One pound four shillings
<g) Month each. \^Passed June 24.
CHAPTER 54.
RESOLVE GRANTING 8,r)44 ACRES OF EQUIVALENT LAND TO HENRY
YOUNG BROWN.
Legislative
Records of the
Council, xxvi.,
280. Mass.
Archives,
cxviii., 195.
Mass.
Archives,
cxviii., 192, 193.
Legislative
Records of the
Council, xxvi.,
186,276. House
Journal, p. 115.
Province
Laws, xvii.,
175, chap. 404;
466, chap. 223.
Ante, p. 66,
chap. 125.
Resolvd that there be granted to the Petitioner [Henry Young
Brown] Eight thousand five hundred & forty four Acres of Land
adjoyning to the Eastwardly Part of his Township or to either of
the two other Townships laid out at or near Pigwackett so called,
one laid out to Coll° Joseph Fry, the other to the Town of Rowley
Canada he giving Bond to the Province Treasurer to settle the same
with Eighteen Familys in six years from the Confirmation of a Plan
of said Town which he is to return for Acceptance in one year And
also giving a full Discharge from any further Demands on this Gov-
ernment for the Aforesaid Quantity of 8,544 Acres taken off from
the West Side of his Town by the Line run by order of this Court.
\^Passed June 25.
CHAPTER 1^5.
Legislative
Records of the
Council, xxvi.,
280. Mass.
Archives,
cxviii., 195.
House Jour-
nal, pp. 52, 99,
120, 121. Ante,
p. 106. chap.
222. Supra,
chap. .54.
RESOLVE IMPOWERING HENRY YOUNG BROWN TO DEFEND ALL
ACTIONS BROUGHT AGAINST HIM IN REGARD TO LAND BOUGHT OF
THIS PROVINCE.
Resolvdi\\a.t the Pef [Henry Young Brown] be & is hereby directed
to defend all Actions that are or shall be brot against him for Lands
purchasd of tliis Province to the Eastward of the Line run by order
of this Court last march, at the Expence of this Province ; he being
directed to do his Endeavor to get all Actions against him or those
under him continued till the final Settlement of the Line run be-
tween the Province of New Hampshire & the Province of Main so
called. And that the Pef be directed to prosecute, at the Expence
of this Province, such Person or or ' Persons as have or shall enter
on said Land under the Title of New Hampshire to the Eastward
of the Line run last march by Order of this Court; he following the
Directions of this Court relative thereto. And that he have
Liberty to draw out of the Treasury of the Province Twenty Pounds
for that Purpose for which he is to be accountable. \^Passed June 25.
' Sic.
[1st Sess.] Province Laws {Jiesolves, etc.). — 1766-67. 141
CHAPTEK ryC).
RESOLVE ESTABLISHING THE BOUNDS BETWEEN THE TOWNS OF WAL-
THAM AND WESTON.
A Petitiox of Abraham Bigclow in behalf of the Town of Wes- Legislative
ton, praying for a Settlement of the Line between the said Town of coum-lf x xv*!^
Weston and the Town of Waltham. 219, 280.'
Read and Accepted and thereupon Legislative
Resolved, That the Bounds between the Towns of Waltham and cmmcu. xxv*!!;
Weston as hereafter described from Thachers Meadow to Coal Pit w«, i4o, ith, 272.
bottom so called, are, and ought always to have been the Line nai.p. 125.
between the said Towns, and so to remain forever viz'' beginning
at a stake and heap of Stones in Thacher's Meadow so called, and
from thence Westerly to a heap of Stones on a Ridge hill formerly
Abijah Wheeler's, and from the last mentioned Bounds Westerly
to a heap of Stones at or near the Coal pit bottom so called, and
from thence by the mutual agreement of the agents of said Towns
authorised for that purpose, the Bounds to run from the aforesaid
Coal pit Bottom to the Southeast corner of the Land of Abraham
Bemis, and then with the South Line of the said Bemis's possession
to Lincoln Town line, including all the said Bemis's Land to the
Town of Waltham, and part of the Land formerly belonging to the
said Town of Waltham now in possession of Nathan Fisk, Samuel
Pierce and the Heirs of Daniel Warren deceased, to be and remain
to the Town of Weston; and that the Bounds above described be
the Line between the Towns aforesaid from the said Coal pit bottom
to Lincoln Town Line forever hereafter, not to affect private Prop-
erty. [Passed June 25.
CHAPTEK 57.
RESOLVE CONFIRMING A PLAT OF 1,200 ACRES OF LAND TO COL^
TAILER'S HEIRS.
The Heirs of William Tailer Esq' deceased presented to the Legislative
Court for their allowance Plans of two Tracts of Land laid out in coXu,xxv^^,
virtue of a Grant of the General Court in June 1765 viz*- One Tract a^^s. Mass.
• • ArcliivGB
containing Eight hundred Acres bounded as follows viz*^ beginning xivi., ssu!
at the Northwest corner of Tyringham Equivalent at a Hemlock Mass.
marked with Stones about it, thence runing N° 20 deg^ East 170 xrvi^ssl'
Rods on unappropriated Land to a Beach markt with Stones about Maps and
it, thence E. 9, deg** South 800 Rods on unappropriated Lands to xiv^s.^^ilouse
a Stake and Stones on Blanford Line thence on Blanford Line S. 20 \^^^x^:^lnu
deg^ W. 170 Rods to the Southeast Corner of Tyringham Equiva- p. Kciiap.ss.'
lent to a Beach markt with Stones about it, thence W. 9 deg^ N. on
said Equivalent Line 800 Rods to the first mentioned Bounds, in-
cluding part of three small Ponds. The other Tract containing four
hundred Acres a Pond of about five Acres included, laid out in the
County of Berkshire, bounded as follows viz*^ beginning at the East
end at a Hemlock Tree markt, with Stones about it, which is the
Corner of Furnis's Grant reputed to be, from thence run N. 20 deg^
E. 80 Rods to a Beach markt with Stones, thence run W. 20 deg^
142
Province IjAVfs (^Resolves, etc.). — 1766-67. [Chaps. 58, 59.]
N 210 Rods on unappropriated Lands to a Hemlock markt with
Stones about it, thence turn'd N, 20 deg* E. 160 rods to a Hemlock
markt with Stones, thence W. 20 deg^ N. 200 Rods to a Beach
markt with Stones about it then S° 20 deg' W. 240 rods to a Hem-
lock markt with Stone about it on Granville Line thence on Gran-
ville Line E. 20 deg^ S. 410 Rods to the first mentioned Bounds,
one Rod in 20 Sag of Chain.
[Read and]
Resolved That the witliin Plans, One of four hundred Acres of
Land bounded Southerly 410 Rods on Granville Line; the other
Plan of Eight hundred Acres of Land bounded Southerly eight
hundred rods on Tyringham Equivalent be accepted, and hereby
is confirmed unto the legal representatives of the Hon^'® William
Tailer Esq' deceased, their Heirs & Assigns forever in full satisfac-
tion of the Grant of twelve hundred Acres made by this Court to
the said Representatives. Provided both said Plans do not exceed
the quantity of Twelve hundred Acres nor interfere with any former
Grant. [^Passecl June 25.
CHAPTEK 5S.
RESOLVE IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY
OF BRISTOL IN THE DISTRIBUTION OF TWO ESTATES NAilED TO
CONSIDER THEM AS ONE.
Legislative
Records of the
Council, xxvi.,
House Jour-
nal, pp. lis, 123.
A Petition of Joshua Leonard and Others Heirs of Zephaniah
Leonard and Hannah Leonard late of Taunton deceased Intes-
tate Setting forth That the said Ilannali died seized of several
Tracts of Land given her by her Grand father John King of Rayn-
hani. And praying that the Judge of Probate for the County of
Bristol may be impowered to order a Division of the said Hannah's
Estate to any one or more of said Children, as tho' the said Estate
had been given to the said Zephaniah, or he had died seized of the
same in his own right
[Read and]
Resolved that the prayer of the Petition be granted, and that the
Judge of Probate for the County of Bristol be, and hereby is au-
thorised in making a distribution of the said Zephaniah and Han-
nah's Real Estates to consider them as if one Estate only, and after
such distribution made, to assign to the several Heirs their respec-
tive parts of the same agreable to the Laws of this Province, rela-
tive to the distribution and settlement of Real Estates. \^Passed
June 25.
CHAPTER 59.
Legislative
Records of the
Council, xxvi.,
284. Mass.
Archives,
Ixxxviii., 190.
RESOLVE ALLOWING £1,3.')0 WITH INTEREST TO BENJ^ HALLO WELL, JR.
A Petition of Benj^ Hallowell Esq^ Setting forth That on
the 26"" of August last his House was violently entered by a con-
siderable number of persons unknown, and among other things then
carried off by them, was a Receipt or Prommissary note signed by
[1st Skss.] PiiOvixcK Laws {Resolves, etc.). — 176<)-67. 143
the Treasurer of this Province, dated T^ August 1704 for the Sum MasB.
of .£1,;)'')() payable to the Petitioner in June 1700, on which is en- ^ x^xlm^,' i8i).
dorsocl one years interest and no more. And praying tluit the said [^^""^f/®"'!;^
Sum with tlie Interest that may be due thereon may be paid him 121.' ''i'rov'ince
out of the Province Treasury. note."' '^•' ''^^'
[Read and]
Resolved, that the Prayer of the Petition be granted, and that
the Treasurer be & he hereby is directed to pay to the Petitioner
(IJenjamin Ilollowell jun') tlie Sum of Thirteen hundred and lifty
Pounds with the Interest due thereon to this Day in full for tlie
Note within mentioned, he first giving sufficient Caution to the
Treasurer of this Province to save harmless the s'* Province from
being obliged to pay the same Sum & y'^ Interest due thereon to
any Person or Persons hereafter. \^Passed June 25.
CHAPTER 60
RESOLVE IMPOWERING JOSIAH TILTON, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Josiah Tilton of Martha's Vineyard Admin'' of ^|f^5.^^a"Jf®tj,g
the Estate of Stephen Look hite of Tisbury deceased Setting council, xxvi.,
forth That the deceaseds personal Estate is insufficient to pay his ?!5^
Debts. And praying leave to sell so much of his Real Estate as is ^^i"pp;^i*^3]'i.2s.
requisite for that purpose agreable to a Certificate herewith pre- Proviuce '
sent[ed] from the Judge of Probate for Dukes County. chap^io."' ' '
[Read and]
Resolved That the prayer of this Petition be granted, and that
the Petitioner Josiah Tilton, be and hereby is impowered to make
Sale of as much of the Real Estate of the within named Stephen
Look deceased as to amount to the Sum of Ninety three pounds to
pay the said deceaseds Just debts, and the Charges of said Sale, and
to make and execute a good deed or deeds to the purchaser thereof,
he observing the directions of the Law for the Sale of Real Estates
by Executors and Admin" and giving sufficient caution to the Judge
of Probate for the County of Dukes County, that the money aris-
ing by said Sale be applied for the purposes mentioned. \^Passed
June 26.
CHAPTER 61.
RESOLVE IMPOWERING ELIZABETH RIDER, ADM^ TO EXECUTE A DEED.
A Petition of Esther Rider of Douglass Setting forth That Legislative
her dwelling House hath lately been consumed by Fire, and in it councu.xxvi.,
a deed from her Son Joseph Rider since deceased, of the said House, Archi^vesfxix.,
and Land thereto belonging, which deed is not recorded. And pray- 746.
ing that her said Son's Widow Elizabeth Rider who administred Mass.
upon his Estate may be directed to renew the deed of the Premises ^5?*"Hou8e^''
to the Petitioner. n^n-'^ViK
rT> J n pp. ii-,i-:b.
[Read and]
Resolved that the prayer of this petition be granted & that the
within named Elizabeth Rider in her Capacity of Administratrix
144
Province Laws {Resolves, etc.). — 17(j()-67. [Chaps. t;2, 03.]
be and hereby is impowered to make and Execute a good & Suffi-
cient Deed in the Law, unto the Petitioner Esther Rider, of the
land mentioned in this petition, And that the same be Confirmed
unto the said Petitioner in as Effectual a manner to all intents &
purjDOses, as was before said Deed was Consumed. [PassedJti7ie26.
CHAPTER 62
Legislative
Records of the
Council, xxvi.,
287.
House Jour-
nal, pp. 126, 128,
r>y, 131. Prov-
ince Laws, ii.,
151, cliap. 10.
RESOLVE IMPOWERING W" KITTERIDGE, ADM", TO SELL LAND.
A Petition of William Kitteridge Admin' of the Estate of Glode
Longon late of Tewksbury deceased Setting forth That he hath
already, by order of this Court sold two thirds of the Real Estate
of the said deceased for the payment of his just debts, except
twelve acres of Land: that the allowance made to the AVidow and
the small debts still unpaid amount to more than the value of the
said, twelve Acres. And praying that he may be impowered to make
sale of the said twelve Acres for the purposes aforesaid.
[Read and]
Resolved That the prayer of this Petition be granted, and the
Petitioner be, and hereby is impowered to make sale of the premises
for the most the same will fetch, and make and execute a good deed
to the j)urchaser, he observing the directions of the Law for the
Sale of Real Estates by Exec" and Admin", and giving proper cau-
tion to the Judge of Probate for the County of Middlesex, that
the proceeds arising by said Sale shall be applied so far as shall be
necessary to the purposes mentioned in this Petition, and the Over-
plus, if any be, to be distributed among the Heirs of said deceased,
agreable to the directions of the Law: the said Admiir to be ac-
countable to the Judge of Probate for said County for the time
being touching his proceedings in the Premises, when thereunto
lawfully required. [Passed June 26.
CHAPTER G3.
RESOLVE IMPOWERING JOHN TUDOR, GUARDIAN, TO SELL REAL ESTATE.
Legislative
Records of the
Council, sxvi.,
289.
House Jour-
nal, pp. 68, 130.
Province
Laws, ii., 151,
chap. 10.
A Petition of John Tudor of Boston Guardian of Mary Sigourney
a Minor Setting forth That said Minor in right of her Grandfather
James Varney is intituled to one fifteenth part of his Real Estate,
part whereof lyes in Boston, and part in Worcester, the whole Ap-
prized at Nineteen pounds; but so situated as to be incapable of a
Division, nor is it of any benefit as now circumstanced, to the said
Minor. And as she has no other Estate to support herself. Praying
that he may be impowered to make Sale of said Estate for the benefit
of said Minor.
[Read and]
Resolved that the prayer of this Petition be granted, and that
the Petitioner be and is hereby impowered to make Sale of the
whole of said Minor's Real Estate therein mentioned for the most
the same will fetch, and the monies arising by such Sale to be put
to Interest for the benefit of said Minor, and to make and execute
a good deed or deeds in Law to the purchasers, he observing the
[1st Sess.] Province Laws {Resolves, etc.). — 176G-(i7. 14:5
directions of the Law respecting the Sale of Real Estate by Exec"
and Admin" and to give proper caution to the Judge of Probate
for the County of Suffolk that the monies be applied for the pur-
poses mentioned. \^Passed June 27.
CHAPTER 64.
RESOLVE WITH STAY OF EXECUTION IMPOWERING CADWAL»=¥ FORD
TO BRING FORWARD A WRIT OF REVIEW.
On the Order of this Court of the 6^'' Instant upon the Peti- ^If^^'^s^Jfthe
tion of Cadwallader Ford, \^ante, p. 117, chap, 5] the following council, xxvi.,
Resolve passed viz*^ — '-
Whereas the foregoing Order of this Court was signed by his Su^pp'^iel'se,
Excellency the Governor so late as that the Petitioner had not oppor- ^^\y/^'^ll\ .
tunity to bring forward his Writ of Review to the Superior Court ' '^ '^^^'
then next to be holden at Falmouth. Therefore
Resolved That the Petitioner have liberty to bring forward said
Writ to the Superior Court to be holden at Falmouth in the County
of Cumberland on the last Tuesday of June 1767; and that the Jus-
tices of said Court be, and they hereby are authorised to try the
said Cause, render Judgment and award execution thereon accord-
ingly. And that Execution on the former Judgment be in the mean-
time stayed. \^Passed June 27.
CHAPTEE 65.
ORDER ALLOWING £2. 12. 6 TO CALEB WILDER.
In the House of Representatives. Records"ofVe
Ordered that the Sum of Two pounds twelve shillings and six- council, xxvi.,
pence be allowed and paid out of the public Treasury to Caleb '—
Wilder Esq'' for his attendance on this House at their direction. ^""pp.'iss.^ise.
In Council, Read and Concurred. [^Passed June 27.
CHAPTER 66.
RESOLVE ALLOWING 40/ ANNUALLY TO GEORGE GIER.
A Petition of George Gier of Grafton Setting forth That he Legislative
was a Soldier under Cap' Paige in the pay of this Province in 1760, counc'lf.xxv'i?,
and in his return from Crown point, besides enduring twelve Weeks 295. Mass.
sickness on the Road, he had the misfortune to freeze both his feet, ixxx., .599.
and thereby lost all his Toes, whereby he is rendered in a great Mass.
measure unable to support himself. And praying Relief. bcxx.^^598.
[Read and] House Jour-
Resolved that the Prayer of the Petition be Granted & That the '^^•pp* •
Sum of Forty Shillings be Annually paid into the Hands of M""
Ephraim Sherman out of the Province Treasury to be improved
towards the support of the Petitioner till the Further order of this
Court. [Passed June 28.
146
Province Laws {Resolves, etc.). — 1766-67 . [Chaps. 67-70.]
Legislative
Records of the
Council, xxvi.,
296. Mass.
Archives, civ.,
404.
House Jour-
nal, p. 141.
Province
Laws, iv., 812,
chap. 9.
CHAPTEK 67.
ORDER DIRECTING THE PROVINCE TREASURER TO PAY GOV NOTES
REDEEMABLE JUNE 1766, WITH INTEREST.
Ordered That the Interest On the Government Securities redeem-
able in June 1766, deteermine and cease on the 20*'' of July Next,
the money being Now ready in the Treasury to discharge the Same ;
and that the province Treasurer be & hereby is directed forthwith
to give Notice thereof in all the publick News papers Accordingly.
[Passed June 28.
Legislative /^TTA'P'T'Tr'T? (\Q.
Records of the l^ Xl i\- ±^ 1 Jli Xt O O .
Council, xxvi.,
296 Mass
Archives, RESOLVE ALLOWING AN ARMOURER AT FORT POWNALL.
Ixxx., 609.
Archives, Resolved that there be allowed for Fort Pownal an Armourer, and
ixxx.,608. that He be paid One pound, ten shillings ^ Month for his Service
RecordVJftiie for One year. \^Passed June 28.
Council, xxvi.,
282, 3t<8. House
Journal, p. 144. "
Ante, p. 128,
chap. 31.
CHAPTER 69.
RESOLVE ALLOWING THE ACC" OF IND^ TRADE OF THE COMMISSARY
GENERAL.
Legislative
Records of the
Council, xxvi.,
297. Mass.
Archives, cxx.,
.597.
Legislative
Records of the
Council, xxTi.,
204. House
Journal, pp. 15,
36, 144.
The Committee's severally appointed by the two Houses to ex-
amine the Comissary General's Accounts, having reported that they
had examined the same, and found them right cast and well vouched,
the following Orders passed on them severally viz'
Besolved That the Ace' be Allow'd and that the Commissary Gen'
be Accountable for to the province for the ballance being Three
thousand & fifty five pounds Seven Shillings & Eight pence Three
farthings. [^Passed June 28.
CHAPTER 70.
Legislative
Records of the
Council, xxvi.,
297.
House Jour-
nal, pp. 15, 144.
Supra, chap.
RESOLVE ALLOWING THE PROVISION ACC" OF THE COMMISSARY
GENERAL.
On THE Commissary General's Account of Provisions pur-
chased by him and issued. The Report read and accepted: And
thereupon
Besolved That the said Account be allowed, and that the twenty
nine barrels of Pork, two Barrels of Beef, 6^4 bush'^ of Peas, the
Commissary General be further accountable for to this Province.
[Passed June 28.
[1st Sess.] Fkovinck Laws (liesolves, etc.). — 1766-67. 147
CHAPTER 71.
RESOLVE ALLOWING THE GENERAL ACCOUNT ' OF THE COMMISSARY
GENERAL.
On the Commissary General's Account current. Legislative
The Report was read and accepted; and thereupon CoSncn' xx v'l*'
Resolved tha,t the Commissary General be further accountable for 2^^-
the balance being Seventy seven pounds, nineteen shilliners and nine House Jour.
pence. [Passed June 28. ^ fupfll^i^'
70.
148
Province Laws {Resolves, etc.). — 1766-67. [Chaps. 72, 73.]
RESOLVES. ORDERS, VOTES, ETC.
Passed at the Session begun and held at Boston,
ON THE Twenty-ninth Day of October, A.D. 1766.
CHAPTER 72.
Legislative
Records of the
Council, xxvi.,
301.
House Jour-
nal, pp. 148, 149.
Province
Laws, iii., 64,
chap. 32; v.,
66, note.
RESOLVE ADJOURNING THE COURTS OF WORCESTER COUNTY.
Whereas the Court of General Sessions of the peace and Infe-
rior Court of Common pleas are by Law appointed to be holden
at Worcester for the County of Worcester on the first Tuesday of
November next, and sundry of the Justices of said Courts, and
other persons who are concerned in business there, are Members
of the General Court; and tlie important Affairs of the Province
now depending, require their attendance: Wherefore
Resolved that the said Court of General Sessions of the peace,
and Inferior Court of Common pleas Avhich by Law are to be holden
at Worcester aforesaid on the said first Tuesday in November, be
and hereby are Adjourned to the first Tuesday in January next, to
be holden at the Court House in said Town of Worcester at ten
o'clock on said day. And all pleas Writs Actions, Suits, Com-
plaints, processes, Precepts, Recognizances and other matters or
things whatsoever, returnable & having day of ' days in tlie said
Courts, shall stand, abide and continue unto the said Adjournment,
and be held, deemed & adjudged to be [as] " good, effectual and avail-
able in Law to all intents and purposes whatsoever, as if such Courts
had been held k, kept on the day by Law for holding the same, and
no Adjournment thereof had been made. [^Passed October 29.
CHAPTER 73.
Legislative
Records of the
Council, xxvi.,
305.
House Jour-
nal, pp. 14, 163.
RESOLVE ALLOWING THE ACCOUNT OF THE TREAS» OF YORK COXTSTY.
The Account of Daniel Moulton Treasurer for the County of
York for the Year 1765 being laid before the Court for allowance
the following Order passed thereon viz'
Resolved That the within Account (being right cast and well
vouched) be allowed : And that the Treasurer be discharged of the
Sum of One hundred and thirty six pounds, two shillings & ten
pence three farthings And that the balance due to the said Treas-
urer being one pound seventeen shillings and three pence one far-
thing the County be further accountable to him for. \^Passed
November 3.
» Sie.
' Inserted from the House Journal, p. 149.
[2d Sess.] Province Law.s (liesolves, etc.). — 1766-67. 14:9
CHAPTER 74.
RESOLVE IMPOWERING THE TOWN OF POWNALBORO TO CHOOSE A
COLLECTOR OF TAXES.
A Petition of Jonathan Williamson and Others a Committee Legislative
of the Town of Pownalborongh ' Setting forth That the said coiS, xl v*}®.
Town at their annual Marcii Meeting in 17G5 agreed to give two 307.
shillings in the pound to any two Men that would agree to collect House Jour,
the Taxes of that year, and give security therefor. Whereupon Job 9*,'i(i5','i5f,'i6«*
Averel and Obadiah Call otfered themselves and were Accepted; £aw^g°[i^ ^^
but said Call being not legally warned to take the Oath of Office, note.'
did afterwards when the assessors offered him the Kate Bills, refuse
to take them, and they are not now by Law enabled to choose another
Collector. Therefore praying that this Court could enable them now
to choose another Collector in the room of said Call, or otherwise
relieve them.
[Read and]
Resolved that the prayer of this Petition be so far granted, as that
the Town of Pownalborongh be, and are hereby impowered, being
legally assembled for that purpose, to choose a Collector to Collect
the Taxes that should have been Collected the last year on the West-
ern side of the said Pownalborongh, the time for choosing Town
officers being elapsed notwithstanding. [^Passed November 4.
CHAPTER 75.
RESOLVE IMPOWERING PHILLIP TURNER AND RUTH WING, GUARDIANS,
TO CONVEY REAL ESTATE UNDER CERTAIN CONDITIONS.
A Petition of Butler Wing of Wareham Yeoman & Father of r®^'^^^*%® j^
Clifton Wing late of Eochester deceased, of Phillip Turner of said council, xxvi.,
Rochester Guardian to two of the Sons of the said Clifton and of ^—
Ruth Wing of said Wareham Widow of said Clifton and Guardian na^il^pp'^s^ios
of his only daughter Setting forth That on the 15*^^ of October lee.'
1762 and on the 8*^^ of November 1764 the said Butler gave to his
said Son Clifton Deeds of Sale of those dates; and the said Butler
still remains seized of a certain Messuage Lands and Meadows and
Buildings thereon situate in Rochester in Sippecan Great Neck so
called which he agrees to Exchange for what is contained in the
two Deeds aforesaid. And praying the Interposition of this Court
to make the said Exchange valid.
[Read and]
Resolved that the prayer of the Petition be granted, and that the
said Phillip Turner and Ruth Wing in their said Capacity, be, and
accordingly are hereby impowered to convey to the said Butler Wing
all the Right, Title and Interest the said Children have in the Lands
the said Clifton Wing their Father deceased was Seized of at the
time of his Death as mentioned in said Petition, and execute a good
Deed thereof accordingly. Always provided that the said Butler
Wing shall first make and execute a deed in fee to the said three
Children of all the Lands and appurtenances he now owns in the
Great Neck in Rochester to be by them inherited as if their said
150
Province Laws {Resolves^ etc.). — 176 6-6 7 . [ Chaps .76,77.]
Legislative
Records of tlie
Council, xxvi.,
310. Mass.
Archives,
Ixxx., 622.
Mass.
Archives,
Ixxx., 621.
House Jour-
nal, pp. 165, 169.
Province
Laws, xvii.,
442, chap. 148.
Father had died seized of said Estate intestate : And provided always
that the said Euth Wing the Widow shall hold a Eight of Dower in
the same Lands and Buildings during her natural life, which the
said Butler Wing shall so convey, as if her said Husband had died
seized of the same in fee Simple. [^Passed November 5.
CHAPTER 76.
ORDER ALLOWING £8 ANNUALLY TO WILL" SNELL.
A Petition of William Snell of Bridgewater Setting forth
That he hath for several years during the late War served his
King and Country, and had laid up Money; but that in his re-
turn from Newfoundland in 1762 where he had served under Col°
Amherst at the Eeduction of S*^ John's, he was cast away at Cape
Sables from whence he came home Sick, and was confined to his
Bed for seven months, and hath finally almost lost the use of both
his Legs, and spent the most of his substance. That upon repre-
sentation of his case to the Court, they were pleased to allow him
Seven pounds a year for three years ; And praying for further Eelief .
Eead &
Orderd that the Petitioner be allowd a Pension out of the Pub-
lick Treasury of Eight Pounds annually till the further Order of
this Court the first Payment to commence the 30"" Day of Dec'' next.
[Passed November 5.
CHAPTER 77.
Legislative
Records of the
Council, xxvi.,
310. Mass.
Archives, cv.,
636.
Mass.
Archives, cv.,
635. House
Journal,
pp. 160, 161, 173.
RESOLVE ALLOWING £8. 12 TO ISAAC BULLARD, EXECUTOR.
A Petition of Isaac Bullard of Dedham Setting forth That
one William Finley a North Briton who had been a Soldier in the
pay of the Province in Col° IngersoU's Eegiment A D 1762 died at
Crown point in October the same Year, and by his last Will and
Testament appointed the Petitioner his Executor, and after devis-
ing sundry small Legacies, bequeathed the Eesidue of his Estate
to a Woman in said Town who had Nursed him in a former Sick-
ness. That he had Eight pounds, twelve shillings due to him on
Cap' Elisha Turner's Muster Eoll, which the petitioner applied for
at the Treasury, but was told the same had been paid upon an Order
to one who took upon himself the name of John Finley and assum-
ing relation of Brother to the deceased. That the said deceased had
no Eelation in North America, & the said Order evidently appears
to be forged. And praying relief.
[Eead and]
Resolved that the Prayer of this Petition be so far Granted that
there be allowed & Paid out of the Publick Treasury to the Peti-
tioner the Wages Due to William Finley on Capt Elisha Turners
Muster Eoll, being Eight pounds & Twelve Shillings for the Pur-
poses mentioned in the said William* last Will & Testament. \^Passed
November 5.
[2d Sess.] Province Laws (liesolves, etc.). — 1766-67. 151
CHAPTEE 78.
RESOLVE IMPOWERING THE TOWN OF FREETOWN TO CHOOSE A COL-
LECTOR OF TAXES.
A Petition of the Selectmen and Assessors of the Town of Free- Legislative
town Setting forth That one William Terry was chosen Constable c^X'n^ xx v*!^.
in the year 1765 and Sworn accordingly, but before he had collected 3n.
any part of the Taxes which were committed to him, the same amount- House Jour- ^
ing to £90.4.8 he removed out of Town and as they have no legal provinri^'* ^"'
power to choose any person to collect the said Sum, Praying that no^e ^' '^■' ^^'
they may be impowered by this Court for that purpose.
[Read and]
Jiesolved that the prayer of the Petition be granted: and that the
Town of Freetown, be, and hereby are impowered, being legally
assembled for that purpose to choose a Collector to collect the Sum
of Ninety pounds, four shillings and eight pence, which was the
Sum apportioned to William Terry of said Freetown, who was chosen
one of the Constables of said Town the last year; the said William
Terry having removed out of the Province. [Passed November 5.
CHAPTEE 79.
ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO BURN GOV-
ERNMENT SECURITIES AND DISCHARGING THE PROVINCE TREAS-
URER OF THE SUM OF £262,045. 9. 4.
The Committee appointed to repair to the Treasurers & take an Legislative
Account of the Government Securities in his hands and see them councff xxv*!^
burnt and Consumed to Ashes, have attended that Service and have 305. Mass*,
received of M^ Treasurer Gray Government Securities payable in m. '^^^' "^''
June 1765 of the old form Eighteen thousand, eight hundred, sixty Mass.
nine pounds, thirteen shillings and ten pence ; the Interest paid ^^^^^^^' ^*^-'
thereon thirteen hundred and seven pounds, fourteen shillings and Journal,
three pence, makes Twenty thousand One hundred, seventy seven Xii^^Anu^
pounds, eight shillings and one penny. Also Government Securities p. iss, chap. 44.
payable in June 1765 of the new form Twenty thousand, two hun-
dred, seventy one pounds; the Interest paid thereon Eleven bundled,
eighty two pounds, eight shillings and five pence makes Twenty one
thousand, four hundred fifty three pounds, eight shillings and five
pence. Also Government Securities payable in June 1764 new form
Two hundred forty nine pounds, the Interest paid thereon twenty
one pounds, three shillings and one penny, makes Two hundred
and seventy pounds, three shillings and one penny. Also Govern-
ment securities payable in June 1764 old form. Seventy seven pounds ;
the Interest paid thereon Six pounds, eleven shillings and six pence,
makes Eighty three pounds, eleven shillings and six pence. Also
Government Securities payable in June 1766 Two hundred and seven
thousand, five hundred, sixty two pounds; the Interest paid thereon
Twelve thousand, four hundred ninety eight pounds, eighteen shil-
lings and three pence, makes Two hundred twenty thousand and
152 Province Laws {Resolves, etc.). — 1766-67. [Chaps. 80, 81.]
sixty pounds, eighteen shillings and three pence. All which notes
amount to Two hundred, sixty two thousand and forty five pounds,
nine shillings and four pence, which we have seen burnt and con-
sumed to Ashes.
Signed Tho^ Hubbard ^ Order
Eead &
Orclerd that this Report be accepted & that the Treasurer be dis-
charge [d] of the Sum of Two hundred Sixty two Thousand & forty
five Pounds Nine Shillings & four pence accordingly. {^Passed
November 7.
CHAPTER 80.
RESOLVE CONFIRMING THE PROCEEDINGS AT THE MEETINGS OF THE
PROPRIETORS OF BAKERS TOWN.
Legislative Whereas Bakers Town so called by tlie late running the Line
councij.xxvi., between this Province and New Hampshire fell within the bounds of
?H: New Hampshire ; and the several Meetings of the Proprietors of said
mii"pp''i64'^i7i leakers Town and their Resolves and Votes passed at their Meetings
172,' 179. Ante, called ill oi'dcr to get a Township granted in the lieu of that lost,
p.68, c ap.i09. ^^^^ ^^^, laying out the same for getting the same Confirmed may
be called in question
Resolved that the Meetings of the said Proprietors referred to in
the said Petition with the several matters and things therein trans-
acted shall (if otherwise regular) be deemed and accounted valid
to all intents and purposes ; any defect in the manner of calling or
obtaining said Meetings notwithstanding. \^Passed November 7.'
CHAPTER 81.
Legislative
Records of the
Council, xxvi.,
314.
House Jour-
nal, pp. 171, 180.
Province
Laws, iv., 828,
chap. 18; 838,
chap. 25; 866,
note.
RESOLVE DIRECTING THE TOWN OF FALMOUTH AND DISTRICT OF CAPE
ELIZABETH TO ASSESS AND COLLECT TAXES AND PREPARE A TRUE
AND PERFECT LIST OF RATEABLE ESTATES.
Whereas since the passing of the last Tax Act, a part of the
Town of Falmouth in the County of Cumberland has been erected
into a District by the name of Cape Elizabeth, but no rule or method
ha« been since prescribed for assessing the Inhabitants and Estates
in said Town and District respectively their proportion of the public
Taxes.
Resolved that the said Town and District shall and do in conjunc-
tion Assess the rateable Inhabitants and Estates of both according
to the rules perfixed and set by the last Tax Bill for the mak-
ing Public Taxes, and commit the same to the several Constables
and Collectors of the said Town and District to be by them sever-
ally collected and paid into the Province Treasury according as they
shall receive the Treasurers Warrant, which they are hereby enjoined
to do, and the said Assessors are hereby respectively directed and
enjoined to Return to this Court a true and perfect List of the Poles
and Estates by Law rateable to the public Taxes at their next Ses-
* This date is according to the House Journal ; according to Legislative Records of the
Council the date is November 6.
[2d Sess.] Province Laws {Resolves^ etc.). — 1760-67. 153
siou in order to the said Courts making a proper Order for their
being hereafter severally Taxed by their several Assessors. \^Passed
November 7.
CHAPTER 82.
RESOLVE APPOINTING A COMMITTEE TO SELL THE MANUFACTORY
HOUSE.
In the House of Representatives. Legislative
Resolved i\i2ii Cap* Sheaffe and M^ Dexter with such as the Ilon'''^ Sctf.xxv^i?,
Board shall Join be a Committee to make Sale of the House com- ^
monly called the Manufactory House with the Land thereto belong- House.Jour-_^
ing; and that the same be sold at public Auction to the highest iW.^^Ante' '"*'
bidder: That the time of Sale be advertised in three of the Boston p.wi.chap.
News papers three Weeks successively : That it be a direction to the
Committee not to set up the premises at a less Sum than Twelve
hundred pounds and that the said Committee be, and they are hereby
impowered to give a good and sufficient deed or deeds of said House
and Land to any person, or persons who may purchase the same;
He or they giving good security for the purchase Money to be paid
in one year with lawful Interest. And in case no purchaser appear
said Committee to make some necessary repairs and agree with the
persons who now occupy the same, or with others who may incline
to hire it. The said Committee to make Report at the next Session
of this Court.
In Council, Read and Concurred, and Thomas Hubbard Esq'' is
joined in the affair. [^Passed November 7.
CHAPTER 83.
RESOLVE CONFIRMING THE PROCEEDINGS AT THE MEETINGS OF THE
TOWN OF DAN VERS.
A Petition of Archelaus Dale and Others in behalf of the Town ' Legislative
of Danvers Setting forth That the Annual and other Town Meet- councif xxvi*'
ings in said place have not been warned by a Constable of the Town sis. ' ' ''
as the Law directs, but by notifications signed by the Town Clerk House Jour-
being posted up at both the meeting Houses whereby the several ^sV'n?."^^'^^'
Town Officers chosen at such meetings may be exposed to difficulties
and hazard, and the doings of said Town in time past may be called
in question. And praying that a Sanction may be given to the doings
in such Town Meetings as if they had been warned according to
Law.
[Read and]
Resolved that the prayer of this Petition be so far granted, as
that the Meetings of said Town therein referred to, and all the pro-
ceedings had thereon, be, and shall remain good and valid to all
intents and purposes as fully and amply, as if said Meetings had
been warned agreable to Law. [Passed November 7.
■ Sic for District. See Province Laws, iv., 5, chap. 1; Manual for the General Court,
1911, p. 114.
154
Province Laws {Besolves, etc.). — 1766-67. [Chaps. 84, 85.]
CHAPTER 84.
RESOLVE CONFIRMING THE VOTE OF THE PROPRIETORS OF WINCHEN-
DON LEVYING A TAX OF ONE PENNY PER ACRE FOR ONE YEAR.
Records'of the ^ PETITION of Tliomas Wilder in behalf of the Proprietors of
Council, xxvi., the Town of Wincheudon Setting forth That at a legal Meet-
— — ing of the said Proprietors on the 4"" June last held at said Win-
mTpp.'hmts. cJiendon, they did agree and Vote that a Tax of one penny <g> Acre
180,181. Prov- should be raised upon all the Lands alotted out: and that the Peti-
63, note. ' ' tiouer should wait on this Court for their Sanction to said Vote.
And praying that the said Proprietors may be enabled to Assess and
collect said Tax in order to enable them to pay the Debts they have
contracted for supporting the public Worship and defreying other
charges contracted before the Town was Incorporated.
[Eead and]
jResolved that the prayer of the Petition be so far granted that
the Tax of one penny ^ Acre for one year voted by the proprietors
of the said Winchendon the fourth day of June last, be, and hereby
is confirmed: And that the Assessors or Constables or Collectors in
said Winchendon are hereby respectively authorised and impowered
to assess and Collect the same. [Passed JVovember 7.
CHAPTER 85.
Legislative
Records of the
Council, xxvi.,
31«.
Mass.
Archives, ix.,
431. House
Journal,
pp. 170, 181.
Province
Laws, ii., 151,
chap. 10.
RESOLVE IMPOWERING PETER CHARDON, ADM« TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Peter Chardon Esq^ of Boston Admin'' of tlie
Estate of Nathaniel Cunningham late of Boston dec*^ Setting forth
That two Negro Servants belonging to the Estate of said Nathaniel,
have by reason of age and Infirmities been for a considerable time
past supported by the Town of Cambridge, upon whom said Negros
were left; and that the Petitioner hath no personal Estate of the
said deceased in his hands to defrey the said expence: Therefore
praying that he may be impowered to sell part of the Eeal Estate
of said Nathaniel to the amount of One hundred pounds for defrey-
ing the Charges of said Negros, and discharging what other Debts
are due therefrom.
[Eead and]
Besolved that the prayer of this Petition be granted, and the said
Admin'' in his capacity be, and he is hereby impowered to make sale
of so much of said Cunningham's Eeal Estate as shall amount to
the Sum of One hundred pounds, where it shall be least prejudi-
cial to the remainder of said Estate, and make and execute a good
Deed in Law to the purchaser of the same, that the moneys arising
by such Sale be applied to the purposes mentioned in this Petition,
he observing the directions of the Law for the Sale of Eeal Estate
by Executors and Administrators, {^Passed November 7.
[2d Sess.] Province Laws {Resolves, etc.). — 1766-67. 155
CHAPTER 86.
RESOLVE LIBERATING DAV" SIMMONS FROM GOAL AND RE-ASSESSING
THE TOWN OF MIDDLEBOROUGH.
A Petition of David Simmons of Middleborougli, a Prisoner in Lcj^nsiative
Plymouth Goal on an Execution from the Province Treasurer for the couucif xiv^i?
Taxes assessed on the said Town for 17G2 committed to him to col- sn.
lect. prayinff for relief, Legislative
r^^ 1 IT Records Of the
[Keaa anaj ^ Council, xxvi.,
Resolved that the prayer of this Petition be granted, and that jo^rnarifp si
the said David Simmons be liberated accordingly, he paying Prison 85,113,116,172,'
Fees. Provided he stands committed on no other Suit than that '
mentioned in said Petition, and that the Town of middleborough
be reassessed the Sum of £68.4.6 by having said Sum added to
their proportion of the Province Tax in tlie next Province Assess-
ment. Provided that nothing in this Eesolve be construed to extend
to deprive the Town of Middleborough of any legal recourse to the
Petitioner for the Recovery of the aforementioned Sum. \^Passed
November 7.
CHAPTER 87.
RESOLVE IMPOWERING LYDIA NEGUS, ADM^, TO EXECUTE A DEED AND
MARY NEGUS, ADM-^, TO SELL REAL ESTATE, AND MAKING PROVISION
IN REGARD TO THE PROCEEDS.
A Petition of Mary Negus Admin^ of the Estate of Henry Legislative
Negus late of Dartmouth deceased Setting forth That the said Records of the
TT •ll--r>l T -IkX 1 Tl A Council, XXVI.,
Henry witli his Brother Jonathan Negus purchased about one Acre 317^^
of Land in said Dartmouth of one Noah Allen, to be holden in House Jour,
severalty, the Deed thereof was given by the said Allen to the said is^i.* ^pVlfvince'
Jonathan, who was to have given a Deed of the one half to his ^hT^^'ioi'^^^j!
Brother Henry, but died without executing the same whereupon 583, chap. i64.''
the said Henry preferred a Petition to this Court in 1765 praying chap. 7.'"^'
that Lydia Negus admin^ of the said deceaseds Estate might be
impowered to convey the said half Acre to him the said Henry who
was impowered by said Court accordingly; but the said Henry also
died before such deed was executed, and died Insolvent. Therefore
praying that the said Lydia may be impowered to make a Convey-
ance of the said half Acre of Land to her the said Mary, and that
she may be impowered to sell the same for the benefit of the Credi-
tors of the said Henry,
[Read and]
Resolved that the prayer of this Petition be granted, and that
the said Lydia Negus in her Capacity of Administratrix on the
Estate of her late Husband Jonathan Negus, be, and hereby is im-
powered to execute a good Deed in Law of the half Acre of Land
mentioned in the Petition to the Petitioner in her capacity of Ad-
min^, and that the Petitioner in her said capacity be, and hereby is
impowered to make Sale of the said half Acre of Land, together
with the fee of the residue of her late Husband the said Henry
Negus's Real Estate (her Dower therein being first set off according
to Law) and to execute a good and sufficient deed or deeds in Law
156
Pkovince Laws {Resolves, etc.). — 1766-67. [Chaps. 88, 89.]
of the same, She observing the directions of the Law respecting
the Sale of Intestate Estates, the proceeds of said Sale to be applied
for the use of said Henry's Creditors. \^Passed November 8.
CHAPTER 88.
Legislative
Records of the
Council, xxvi.,
318.
House Jour-
nal, pp. 151, 187.
Province
Laves, ii., 151,
chap. 10.
RESOLVE IMPOWERING THOM^ GRAY, ADM^, TO SELL REAL ESTATE.
A Petition of Thomas Gray admin"" of the Estate of Elizabeth
Ridgway Setting forth That the said Elizabeth [was] declared
Bankrupt, and soon after died : that at the request of the Creditors
the Petitioner was appointed Admin% and hath since paid them
five shillings in the pound. That the said Elizabeth died seized of
a Brick House in Cornhill which is under Mortgage, besides which
there is but little Estate remaining. And praying that he may be
impowered to make Sale of the said House in order, after discharg-
ing the said Mortgage to apply the residue towards payment of the
said deceaseds debts.
[Read and]
Resolved that the prayer of the Petition be granted : and that the
Petitioner be, & hereby is impowered in his capacity of Admin"" to
make sale of the House mentioned in the Petition, and execute a
good deed in Law of the same, the proceeds of said Sale to be ap-
plied for the purposes mentioned in the Petition, he giving suffi-
cient security to the Judge of Probate for the County of Suffolk
that the proceeds shall be applied to the purposes mentioned, in the
Petition. [Passed November 10.
CHAPTER 89.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
MARTHA LUTHER.
Legislative
Records of the
Council, xxvi.,
319.
House Jour-
nal, pp. 166, 167,
187, 18S.
A Petition of Martha Luther of Swanzey Setting forth That
in July 1765 She was sued to appear at the Inferior Court to be
holden at Taunton in August then next after as Agent & Trustee
to Josiah Chase to answer to Samuel Chase in a plea of the case
for the Sum of £33.5.6. That the said Action was continued, the
said Josiah being then at Sea, that when he returned he declared
that he owed the said Samuel nothing, and afterwards went to Sea
again with the said Samuel. That in August 1T66 the Action was
called at Court and went against her by default. She being then
Sick, and unhappily forgetting the Case then depending. And pray-
ing liberty to answer and plead thereto at the next Inferior Court
to be holden at Taunton aforesaid.
Read and
Ordered that the prayer of this Petition be so far granted, as that
the Petitioner notify Samuel Chase the adverse party by serving him
with a Copy of this Petition, that 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 that Execution mentioned herein
be stayed in the meantime. [Passed November 10.
iAA
[2d-Sess.] Province Laws (^e«oZve.s, e^c). — 1766-67. 157
CHAPTER 00.
RESOLVE IMPOWERING PHILLIP AND JEMIMA KING, GUARDIAN, TO SELL
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO-
CEEDS.
A Petition of Philip King of Taunton and Jemima his Wife, Legislative
which Jemima was the relict Widow of John Paddleford late of couurif, xxvk,
Taunton and sole Executrix of his last Will and Guardian to his ArciuveB.xix.,
three Children, two Sons and a daughter Setting forth That after 763.
the decease of the said John, she agreable to the inclination of the Mass.
eldest Son John, and the advice of his friends sent him to Yale ^2^*" House*''"
College for education where he has continued two years: That the J°"]^i^'ig2 jgg
other Son Seth of about 15 years of age met with a wound in his Province '
Arm about four years since whereby he hath almost lost the use of cha^!io."' ^^^'
it, and is thereby rendered in a great measure unfit for any manuel
labour, which hath induced her at her own expence to fit him also
for the College ; but being unable to bear the charge of her two
Sons education. Therefore prays that she may be enabled to make
Sale of their respective shares of the deceaseds Eeal Estate for the
said purpose.
[Read and]
Resolv'd that the Prayer of the within Petition be so far granted
as that the said Petitioners Philip & Jemima as the said Jemima
is Guardian to the said John & Seth be and are hereby impowered
to make Sale of so much of the Real Estate of the said John & Seth
(where it will be lest prejudicial to the remainder of said Estate)
to the amount of one hundred & Thirty pounds and to make and
Execute a good & sufficient Deed or deeds of the same to the pur-
chaser or purchasers their heirs & assigns they observing the Direc-
tion of the Law respecting the sale of real Estates by Exec'' & adm"
the money arising by said Sale to be apply'd to the purposes within
mentioned in proportion to the right they have in said Land so Sold
the Pef Jemima giving sufficient Caution to the Judge of Probate
for the County of Bristol to apply said money to the purposes afore-
mentiond. [Passed November 11.
CHAPTER 91.
RESOLVE CONFIRMING TO NATHAN AND ELISHA JONES AND JOHN
MURRAY TOWNSHIP N" 1 IN BERKSHIRE COUNTY.
A Petition of Nathan Jones, Elisha Jones & John Murray Set- Legislative
ting forth That they are equally interested in a new Township in councif, xxvif,
the County of Berkshire called Number one or East Hoosuck, sold ^
by this Province in June 1762 to the said Nathan; that they have HouseJour.
admitted many Settlers, and others appear to purchase, but as they 127, i64, iSo.
have no Grant from the Government there are difficulties in giving Laws^xvii.,
deeds. And praying that this Court would make a Grant of said 242, chap. 50.
Township to them, and their Associates, their Heirs and Assigns
they performing the conditions of Settlement enjoined by the Gen-
eral Court at the time of Sale.
[Read and]
Resolved That the Township mentioned in the within Petition
158 Pkovince Laws {Resolves, etc.). — 1766-67. [Chaps. 92, 93.]
bounded and described as in the original Sale thereof, be granted
and confirmed to the Petitioners, their Heirs and assigns forever,
excepting what Land within said Boundaries has been granted to
any other person, they compleating the Settlement thereon origi-
nally enjoined by the General Court. \^Passed Xovember 11.
CHAPTER 92.
RESOLVE IMPOWERING THE ASSESSORS OF THE TOWN OF WARWICK
TO ASSESS ALL DELINQUENT PROPRIETORS AT ONE PENNY PER
ACRE ON LAND.
Legislative A PETITION of Jaiiics Ball Agent for the Town of Warwick in
Council, XX vi., the County of Hampshire praying for a Tax on the Lands of the
^ delinquent proprietors,
RefordB o7the L^ead and]
Council, xxvi., Resolved that the prayer of the Petition be so far granted as that
journai,"pp. 91, the Assessoi's of said Town be and are hereby authorised and im-
108,141,182,193, powered for the term of three years next Ensuing to assess all delin-
quent pi'oprietors within said Township at one penny ^ Acre who
have not complied with the Injunctions of the General Court respect-
ing the Settlement of said Township, and likewise to Assess a Farm
in said Township of four hundred Acres called Field's Farm during
the pleasure of the General Court, until it shall appear they have
done their duty by settling one Family in said Township for each
V respective right, as also one Family on said Farm. And to commit
said assessment for collection to such Collectors as may from time
to time be apj^ointed for the Collection of otlier Taxes in said
Town, and in want of Goods and Chattels whereon to make dis-
tress within said Township, the assessors who make the Tax are
hereby directed to notify for Sale so much and no more of each
delinquent proprietors Land as they upon their Oaths shall judge
necessary for the payment of said Tax and the charges arising thereon
by posting up all such assessments within the Town of Warwick,
as also in the shire Town of the County of Hampshire, and adver-
tising the same in one or more of the Boston News papers three
Months before the said Sale, to sell the same to the highest bidder,
and make and execute a good Deed or deeds of the same. And if
it happen that said Land so apprised sell for more than may be
sufficient to pay the Assessment and Charges, the Overplus shall
be returned to the owners of said Land. [Passed November 12.
CHAPTER 93.
RESOLVE WITH STAY OF EXECUTION IMPOWERING EDMUND QUINCY,
JR., TO APPEAL FROM A JUDGMENT.
Rlfordsof'the ^ PETITION of Henry Quincy of Boston Setting forth That
Council, xxvi., Johii Grcaton jun'' of Roxbury purchased a Writ against him for
— L?!?^ the Sum of Eighteen pounds for the Rent of a House in Boston to
?ai!^pp."i7M76, ^^^6 25"^ January last, and laid his damages in said Writ at Thirty
195,196. pounds, which Action was carried up to the Superior Court held
at Boston in August last by demurrer and it so happened that Judg-
ment was made up for the Sum of Thirty pounds and Costs, when
[2d Sess.J Province Laws {Resolves^ etc.). — 1766-67. 159
in fact there was no more due than Eighteen pounds, and Execu-
tion is now out for the Sum recovered. And praying Relief.
[Read and]
Resolved that the prayer of Henry Quincy be so far granted as
that Edmund Quincy jun' be and liereby is impowcrcd to enter his
Appeal from a Judgment obtained against him by Jolm Greaton
Jun' at the Inferior Court of Common pleas holdcn at Boston on
the third Tuesday of April last any default in him to the contrary
notwitlistanding, at the next Superior Court of Judicature &c to
be hoklen at Boston on the second Tuesday of March next; He
giving the said John seven day's notice at least of the same before
the sitting of said Superior Court: And that the said Edmund be
entitled to the same advantages as he would have been intitled to,
had he entered his Appeal at the last Superior Court of Judicature
&c held at Boston on the last Tuesday of August last. And that the
said Superior Court be, and hereby are fully authorised and impow-
ered to hear and determine the same, enter up Judgment and award
execution thereon accordingly. And if it shall appear to said Court
by the declaration in the Writ, the said John Greaton v* Quincy that
Eighteen pounds, & no more when Judgment was entered up, was
then legally due and owing from the said Quincy to the said Greaton
upon the Lease mentioned in the Inferior Court's Judgment, and
that the said Quincy hath & doth tender to the said Greaton the
same with Costs of Suit to this time, and the said Greaton doth
not accept the same in full discharge of the Execution, that the
said Edmund shall be allowed Costs of the same Court, and that
upon the said Edmund's paying to the said Greaton or unto the
officer who hath or may have the execution against the said Edmund
Eighteen pounds & Costs of Courts, and the officers fees, that said
execution be stayed in the mean while. \^Passed November 12.
CHAPTEK 94.
RESOLVE CONFIRMING AN ORDER OF THE SUPERIOR COURT AND IM-
POWERING MOSES PARSONS, GUARDIAN, TO SELL REAL ESTATE.
A Petition of Moses Parsons Guardian to Obadiah Parsons a Legislative
Minor. Setting forth That Jonathan Parsons Father of the said ^f^^^l ^^^^
Minor deceased, did by his last Will and Testament order that his 324.
Son should have a liberal Education, and that in case his personal Mass.
Estate sliould not be sufficient for the purpose that all his Real ^f'^House'^"
Estate should be sold to effect it, one Farm excepted. That upon "^•^^Sf^Q. ,q-
application to the Superior Court held at Ipswich for the County ^^' ' ' ''
of Essex in June 176-4 he obtained an Order for selling to the amount
of £120 which Sum being insufficient he again applied to the said
Court held at Salem on the first Tuesday of this Instant for a further
power to sell ; but the said Court now question their authority in
the case, and have advised him to apply to this Court, as well to
confirm the Sale made by their former order, as to impower him to
make such further Sales as may be found necessary. And praying
that he may be impowered accordingly, and that the former Sales
may be established and confirmed.
[Read and]
Resolved that the prayer of this Petition be granted, and that the
160
Province Laws {Resolves, etc.). — 176(5-67. [Chaps. 95, 96.]
Order of the Superior Court as mentioned in said Petition is hereby
dechired to be good and valid in Law to all Intents and purposes,
and that the several Sales & Deeds given of Lands and Real Estate
be good and valid in Law likewise: And also that the said Petitioner
in his capacity as Guardian is hereby impowered to make Sale of
the Real Estate of said Minor to the value of One hundred pounds
to be applied for the discharging of the Debt already arisen in his
support and Education as mentioned in said Petition, and for the
purposes within further mentioned in said Petition where it can be
with least prejudice to the whole, to execute a good deed or deeds
of the same, and be accountable to the Judge of Probate for said
County. [^Passed November 12.
Legislative
Records of the
Council, xxvi.,
3-25. Mass.
Archives,
ixxx., 620.
Mass.
Archives,
ixxx., 617.
House Jour-
nal, pp. 172, 196.
CHAPTER 95.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
SAMi- BLODGET FOR THE RE-HEARING OF AN ACTION.
A Petition of Samuel Blodget of Boston Setting forth That
in the year 1758 He was Quarter Master and Sutler to Col" Nichols's
Regiment, and had supplied one Seth Willis of Easton with Cloath-
ing to the amount of Thirty eight shillings for which he took the
said Willis's Note of hand who refusing payment, the Petitioner
sued the said note before M'' Justice Story but not knowing when
the Trial would come on, he went out of Town carrying the Note
with him, by means whereof he was cast whereupon his Attorney
appealed to the Inferior Court of Common pleas held at Boston in
January 1765 which Action was continued to July last, Avhen in the
absence of the Petitioner the case was brought on, and the Jury
going upon a mistaken Fact gave the cause for said A\ illis, at which
time also were suggested some things to the prejudice of the Peti-
tioners Character. And praying that this Court would afford him a
Committee to hear and report upon this his Complaint; and that
he may have a new Trial of the Cause.
[Read and]
Orderd that the Petitioner serve Seth Willis with a Copy of this
Petition that he may shew Cause if any he has on the second Wens-
day of the next Sitting of this Court why the Prayer thereof should
not be granted & that Execution be staid in the mean time. \^Passed
November 12.
CHAPTER 96.
RESOLVE DIRECTING THE COMMISSARY GENERAL TO PURCHASE BRASS
CANNON.
Legislative
Records of the
Council, xxvi.,
325. Mass.
Archives,
Ixxx., 615.
Mass.
Archives,
Ixxx., 614.
House Jour-
nal, pp. 197, 198.
A Petition of Joseph Jackson Esq'' and other Officers of the
Regiment of the Militia in the Town of Boston Setting forth That
there are several Brass Field pieces now in Boston which may be
purchased at the price of old Brass, and as the Train of Artillery
belonging to said Regiment now consists of four Field pieces of
Iron praying that this Court would give Orders for purchasing the
said Brass pieces for the use of the said Regiment instead of those
of Iron beforementioned.
[2i) Sess.] Province Laws {Rewlves, etc.). — 17<)()-G7. 161
[Read and]
Resolvd that the Prayer of the within Petition be granted & that
the Commissary General be directed to make the Purchase of four
of the brass Cannon mentiond for the Use of this Province in the
Train of Artilery in Boston. [Passed November 12.
CHAPTER 97.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
JOHN KINGSLEY FOR THE RE-HEARING OF AN ACTION.
A Petition of John Kingsly of Rehoboth »Setting forth That Legislative
at the Superior Court for the County of Bristol held at Taunton couucif.xxvh,
in May last, Walter Hail of Warren brought his iVction against the '^^li
Petitioner upon his Bond dated in December 1764 conditioned for ^S"^® '^'J^^'iog
the payment of £2,647 Bills of Credit of Rhode Island of the
old Tenor with Interest or in Dollars at the Rate of 56/ each, and
the said Action was carried up by demurrer to the Superior Court
held at Taunton in October last, when the Petitioner being absent
by reason of Ilness & his attorney obliged to be at Boston Judg-
ment went against him by default for £315 lawful money damage,
which is in fact three times as much as the Petitioner owed, and
will prove his utter ruin unless relieved. And praying that he may
have a rehearing of the case at the next Superior Court to be held
at Taunton aforesaid for the County of Bristol, and that Execution
be stayed in the mean time.
Read and
Ordered that the prayer of the Petition be so far granted as that
the Petitioner notify the adverse party by serving him with a Copy
of this Petition, that 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 that the said Execution be stayed in the
mean time, the Petitioner giving in Bond with surety to the Sheriff
of the County of Bristol to pay what shall be finally recovered with
the Interest. [Passed November 12.
CHAPTER 98.
RESOLVE CONFIRMING A PLAN OF 550 ACRES OF LAND TO JON* BAG-
LEY, ESQB.
Resolved that the Within plan of five Hundred Acres of Land, Legislative
Granted to Jonathan Bagly Esq' & by him Layd out in the County councff, xxv*!^,
of york adjoyning to Salmon fall River & is Bounded as followeth; piang* m'iI ''"^
Begining at Salmon falls River where it Emtyes it Self into Horn xiv.,4'.
Pond. Thence Runing S" 36 Degrees E' 100 Rod by s<^ Pond to a Maps and
Burch Tree Marked B Standing by Labenan Line, Thence NE B xiv^i^!^'""
E' 320 Rods on Labenan Line, to A Maple tree Mark'' B, Thence House Jour- _
NW B N 430 Rods by province Land to A Maple tree Standing by Province '
Salmon falls River, Thence Down said River as the River Runs to I^eT^'chaV-^g's.
the Bound first Mentioned.
Be Accepted, and the Land therein Contained be Confirmed Unto
162
Province Laws {Resolves, etc.). — 1766-67. [Chaps. 99-101.]
him the s'^ Jonathan Bagly his heirs and Assigns for Ever Provided
the Same Doth Not Exceed the Quantity of five Hundred & fifty
acres Exclusive of thirty Acres allowance for Rocks & Bogg therein
Containd Nor interfere with Any former Grant. [Passed Novem-
ber 12.
CHAPTER 99.
RESOLVE IMPOWERING SAM"- NICHOLS AND ELIZABETH HIS WIFE,
ADM^, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD
TO THE PROCEEDS.
Legislative
Records of the
Coiincil, xxvl.,
327.
House Jour-
nal, I). 199.
Province
Laws, 11., 161,
chap. 10.
A Petition of Samuel Nichols of Shirley, and Elizabeth his
Wife Admin^ of the Estate of her late Husband James Patterson
late of Shirley deceased Setting forth That the said James died
seized of about fifty Acres of Land with a dwelling House lately
set upon the same, the whole being but of small value: That the
deceaseds debts amount to Thirty pounds more than his personal
Estate; and as it is therefore necessary that some part of his Real
Estate should be sold, and it would be very injurious to the whole
to divide it praying that they may be impowered to sell the House
and Land for payment of the debts as aforesaid, the Overplus to
be distributed according to Law. And James Prescot Guardian to
the Children having signified his desire that the prayer of the said
Petition be granted, the following Order passed thereon.
Resolved that the prayer of the Petition be granted ; and that the
Petitioners in their capacity be, and hereby are impowered to make
Sale of the Real Estate of said James Patterson deceased for the
most the same will fetch, and to make and execute a good Deed or
deeds in Law for conveying the same; they observing the directions
of the Law relating to the Sale of Real Estates by Executors & Ad-
min" and giving caution to the Judge of Probate for the County of
Middlesex that the proceeds of said Sale be applied to the purposes
within mentioned. [Passed November 12.
CHAPTER 100.
ORDER SUSPENDING THE SALE OF THE MANUFACTORY HOUSE.
Ordered that the Committee appointed to make Sale of the Man-
House Jour- ufactory House so called in Boston be and they are hereby directed
Swo." ^^ntl' to suspend the Sale thereof till the further Order of this Court,
p. 153, chap. 82. [Passed November 12.
Legislative
Records of the
Council, xxvi.,
328.
CHAPTER 101.
VOTE WITH ORDER OF NOTICE AND STAY OF EXECUTION ON THE
PETITION OF ROXBURY SELECTMEN TO SET ASIDE A JUDGMENT.
Legislative A PETITION of Eleazer Williams Esq"" and Others Selectmen of
councif, xxvl., Roxbury Setting forth That one Stephen Choate with his Wife
!!!: and three Children in April 1738 came from Boston to reside in
[2d Sess.] Province Laws (i?e5oZz;e.s, efc.). — 1760-07. ^ 163
said Town of Roxbury and were in the Month of May following House Jour-
warned out of Town, but were afterwards suffered to reside there °*'* •'' ^^'
for two or three years under warning till the man died, when the
Cliildren were put out, and the Woman went from place to place a
nursing 'till at length growing infirm she was sent from Brooklyn
where she had resided some years, to the Town of Eoxbury, who
in consequence of the Warning before mentioned sent her to Bos-
ton That the Selectmen of Boston after she had resided there some
time, complained to the Court of Sessions, who having heard the
Case, determined against the Town of Roxbury, whereby the said
Town thinks itself greatly injured; and having since found sufficient
Evidence to invalidate all that had been advanced on the Trial upon
which the said Judgment was founded. Praying that the said Judg-
ment may be set aside ; and that they may have a new hearing of the
cause.
[Read and]
Voted that the Petitioners serve the Selectmen of the Town of
Boston with a Copy of this Petition that they shew cause, if any
they have, why the prayer of the Petition should not be granted,
on the second Wednesday of the next sitting of this Court, and that
Execution be stayed in the mean time. [Passed Noveinher 12.
CHAPTER 102.
RESOLVE ADJOURNING COURTS IN MIDDLESEX COUNTY.
Whereas the General Thanksgiving throughout this Province Legislative
is appointed to be observed on the Thursday of the same Week coundf x*x*vh
wherein the Court of General Sessions of the peace and Inferior 33i.
Court of Common pleas are by Law next to be holden in the County House Jour-
of Middlesex, by reason whereof the holding said Courts at that pro^nce'^' ^'^"
time will be attended with inconvenience. Therefore chsvp^'is'-' el'
Resolved that the said Court of General Sessions of the peace and note.
Inferior Court of Common pleas which by Law are to be holden at
Charlestown within and for the said County of Middlesex on the
last Tuesday of November Instant, be and hereby ai'e adjourned to
the first Tuesday of December next to be holden at Charlestown
aforesaid at ten of the Clock in the Forenoon of the same day. And
all pleas Writs, Actions, Suits, Complaints, processes. Precepts, Re-
cognizances and other thing and things whatsoever returnable or
having day or days in either of the said Courts, and which were on
the said last Tuesday of this Instant November to have been pro-
ceeded on, shall stand valid and continue unto the said Adjourn-
ment, and be held & adjudged to be as good, effectual and available
in Law to all intents and purposes whatsoever, as if such Courts had
been held on the day by Law appointed for holding the same, and
no Adjournment thereof had been made. [Passed November 13.
164:
ProvixNCe ljAWii{Jiesolves,etc.). — 1766-67. [Chaps. 103, 104.]
CHAPTER 103
RESOLVE IMPOWERING MARY HEDGE, EXECUTRIX, TO SELL REAL
ESTATE FOR DISCHARGING DEBTS AND LEGACIES.
Legislative
Kecorda ol the
Council, xxvi.,
332.
House Jour-
nal, pp. 168, 201.
A Petition of Mary Hedge of Yarmouth Executrix of the last
Will of Abraham Hedge late of said Yarmouth deceased Setting
forth That tlie debts and Legacies of the said Abraham amount
to Nine pounds, six shillings & six pence more than the personal
Estate, and praying that she may be impowered to make Sale of
so much of his Real Estate as will enable her to discharge the
Debts and Legacies aforesaid, and the expences attending the said
business.
Read and
Resolved that the prayer of this Petition be granted ; and that the
Petitioner be, and hereby is impowered to make Sale of so much
of the Real Estate within mentioned where it can best be spared to
the amount of Twelve pounds for the purposes mentioned and give
and execute a good and sufficient Deed or deeds therefor: and that
she give sufficient caution to the Judge of Probate for the County
of Barnstable that the money shall be applied to the purpose men-
tioned in the Petition.' [^Passed November 13.
CHAPTER 104.
RESOLVE IMPOWERING JEMIMA CHAPMAN, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
333.
House Jour-
nal, pp. 20.i, 206.
Province
Laws, ii., 151,
chap. 10.
A Petition of Jemima Chapman Widow, Administratrix of the
Estate of her late Husband Jonathan Chapman of Charlestown
deceased. Setting forth That the said deceaseds Estate is repre-
sented Insolvent, and that by the report of Commissioners ap-
pointed to receive the Creditors Claims, it appears that the Debts
amount to £53.12.10 more than the whole apprized value of his
Estate, both Real and personal. A;jd praying that she may be im-
powered to sell the said deceaseds Real Estate in order to pay off
the Creditors so far as it will answer the purpose.
[Read and]
Resolved that the prayer of this Petition be granted, and that the
Petitioner in her said capacity of Administratrix be, and she hereby
is impowered to make Sale of the whole of the Real Estate of her late
Husband Jonathan Chapman deceased for the most the same will
fetch, and to make and execute a good deed or deeds in Law to the
purchaser or purchasers of the same. She observing the directions
of the Law respecting the Sale of Intestate Estates, and giving
security to the Judge of Probate for the County of Middlesex, that
the proceeds of said Sale shall be applied to the use of the said
Jonathan's Creditors. 'iPassed December 4.
' Adjourned to December 3. See Legislative Records of the Council, xxvi., 333.
[2d Sess.] Province Ijxvfs {Resolves, etc.). — 1766-67. 165
CHAPTER 105.
RESOLVE IMPOWERING ZERUBABEL BALL TO SELL REAL ESTATE AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Samuel Pickard of Brookfield & Hannah his Wife LegiBiativc
late Widow of Tliomas l^all late of Brookfield dec^ Zerubbable Ball SSxlv*!^.
eldest Son, & Hannah Ball only daughter of said Thomas; and of '^}^
James Ormes of Spencer Guardian to Thomas, Abraham, Benjamin, House Jour-
& Silas Ball Setting forth That the said Thomas Ball died seized °'''^P' "'"
of a small Farm in Brookfield containing about seventy six Acres,
fifteen Acres of which have been set off to the Widow as her thirds,
and the remainder Settled on the eldest Son by the Judge of Pro-
bate for the County of Worcester he paying to the other Children
for their respective Interests therein; but the said eldest Son being
unable to pay out such Sums, and the Widows thirds lying in with
the rest in such manner as it cannot well be sold alone Praying
that the said Zerubbable Ball the eldest Son may be impowered to
sell the whole, he accounting therefor according to Law.
Eead and
Resolved that the prayer of this Petition be granted, and that
Zerubbable Ball one of the Petitioners be, and he hereby accord-
ingly is impowered to make Sale of the Dower or thirds mentioned
in this Petition with his own part or Interest in said Estate : Saving
that the Widow shall have the use and improvement of one third
part of the proceeds of the whole of said Estate during her natural
life, and that the said Zerubbable shall give proper Security to the
Judge of Probate for the County of Worcester, that the Heirs at
Law of the said Thomas shall receive such parts & parcels of the
said third part of the proceeds of said Sale as shall accrue to them
by Law after the WidoAvs decease. \_Passed December 5.
CHAPTEE 106.
RESOLVE IMPOWERING ELIZ^ TAFT, ADM^, TO SELL REAL ESTATE AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Elizabeth Taft Widow and Admin^ of the Estate Legislative
of her late Husband Gideon Taft of Uxbridge deceased Setting Records of the
forth That the said deceaseds personal Estate is not sufficient to 337. *' ''
pay his just debts; and that he died seized of about seven Acres of House Jour-
Landinsaid Uxbridge lying at some distance from the Homestead. proV^incI^^' "^^'
And praying that she may be impowered to make Sale of the said Laws, li., 151,
seven Acres in order to discharge the said Debts she to be accountable. ^ ^^' ^^'
[Read and]
Resolved that the prayer of this Petition be granted, and that the
Petitioner Elizabeth Taft in her capacity be, and she hereby is im-
powered to make sale of the seven Acres of Land mentioned in this
Petition for the most the same will fetch, and to make and execute
a good deed in Law to the purchaser of the same: Slie observing the
Rules and directions in the Law for the Sale of Real Estates by
Executors and Administrators, and to give proper caution to the
106
Pkovince Laws {Resolves, etc.). — 1766-67. [Chaps. 107-109.]
Judge of Probate for the County of Worcester that the moneys
arising by such Sale to be applied to the purposes mentioned in
this Petition. \^Passed December 8.
CHAPTER 107.
ORDER GRANTING TO JN" BARNARD LICENCE TO SELL STRONG DRINK,
Legislative
Records of the
Council, xxvi.,
328. Mass.
Archives, cxx.,
605.
Mass.
Archives, cxx.,
604. House
Journal, p. 215.
A Petition of John Bernard of Salem Shopkeeper Setting
forth. That he lately lived and carried on the business of a Shop-
keeper in Danvers, and in July last obtained a License for Retailing
Spirituous Liquors there, and since his removal to Salem hath ob-
tained the recommendation of the Selectmen of that Town to be
a Eetailer in said place. And praying that the Court of General
Sessions of the peace for the County of Essex may be impowered to
grant him a License at their next term to carry on the business of a
Retailer in the Town of Salem.
[Read and]
Ordered, That the Justices of General Sessions of the Peace for
the County of Essex be impowered (if they see Cause) to grant the
Petitioner a Licence at their next Sessions the Time for granting
Licences being elapsed notwithstanding, he producing to the Court
of Sessions the approbation of the Select-men of y*^ Town of Salem
for that purpose. \^Passed December 8.
CHAPTER 108.
ORDER GRANTING TO THOMAS BRITT LICENCE TO SELL STRONG DRINK.
Legislative
Recx)rd8 of the
Council, xxvi.,
339.
House Jour-
nal, pp. 217, 218.
A Petition of Thomas Britt of Boston Setting forth That by
reason of long Illness of the Palsey with which he was seized in the
year 1757 he is rendered in a great measure incapable of providing
for himself and a large Family of Children, having six under eight
years of age. That he lives in an House conveniently situated for
selling Spirituous Liquors: And praying that the Court of General
Sessions of the peace for the County of Suffolk may be impowered
to grant him a Licence for selling Spirituous Liquors accordingly.
[Read and]
Ordered that the Justices of the General Sessions of the peace
for the County of Suffolk be impowered, if they see cause, to grant
the Petitioner a License at their next Session, the time for granting
Licenses being elapsed notwithstanding. [Passed December 9.
CHAPTER 109.
RESOLVE DIRECTING THE CLERK OF THE INFERIOR COURT OF COM-
MON PLEAS TO DELIVER TO JAMES LOVET A NOTE OF HAND.
Refords'ofth ^ PETITION of James Lovet of Mendon Setting forth That at
Council, xxvi., the Inferior Court of Commons pleas for the County of Worcester
^ in August 1756 he recovered Judgment on a Note of hand against
[2d Skss.] Pkovince Laws {Resolves, etc.). — 1766-67. 167
David Pond then of said Mendon for the Sum of Eighteen pounds House Jour-
and Costs, and on the 21"^ of September following George Bruce a "n.''^^' '
Deputy Sheriff levied an Execution taken out on the Judgment
aforesaid, upon twelve Acres of Land in s*^ Mendon supposed to be
the said David's, whereupon the Execution was returned satisfied;
but that it since appears that the said Land had been before taken
by Execution on a Judgment obtained against the said David by
one David Daniels. That the said David Pond is now absconded,
but hath left Effects in the hands of divers persons, but the Peti-
tioner is deprived of the benefit of bringing his Action against them
by reason of the former Judgment, and of his Notes being lodged
in the Clerk's Office. And praying Relief.
[Head and]
Resolved that the prayer of the Petition be granted ; and that the
Clerk of the Liferior Court of Common pleas for the County of
Worcester be directed to deliver to the Petitioner the Note men-
tioned in said Petition in order to commence a new action thereon.
And that the Judgment recovered thereon as set forth in said Peti-
tion be no bar to any new Action to be brought by virtue of said
Note. \^Pass6d December 9.
CHAPTER 110.
ORDER ALLOWING £20 TO DANIEL FOWLE.
A Petition of Daniel Fowle late of Boston Printer, now of Ports- Legislative
mouth in New Hampshire Setting forth. That on the 29*'^ day of coiinSxlv^^,
October 1754 He was sent before the House of Eepresentatives then 34o. Mass.
sitting on suspicion of Printing a Pamphlet called the Monster of ivm.,^559.'
Monsters, and was thereupon committed to the common Goal in Mas
Boston where he remained in close confinement two days and Nights, ^jfj'^^ggl'
and was three days in custody in the Prison Keepers House, to his House Jour-
great loss and damage. Whereupon he brought his Action against pro^ince^^' ^^^'
Thomas Hubbard Esq' the then Speaker and others, which was ^v^iJaVs?
barred on supposition that the House had an inherent Right to com-
mit him in manner aforesaid by their General Warrant, & Cost was
recovered against him. That upon his Petition in June 1764 the
General Court passed an Order for remitting the Cost thus recovered
against him, and most of the persons now living who were active in
that affair have long since been convinced of his Innocency. And
praying that his Sufferings & the manner of his commitment with
all the aggravated circumstances attending it, may become the sub-
ject of the Serious consideration of this Court, a Cause of a similer
nature having lately been the object of attention of the most August
Court of the British Nation, and after a learned and full debate
wisely been determined in favour of the Complainant : And that he
may be further relieved.
Read &
Orderd that there be granted to the Pef the Sum of Twenty
pounds out of the Publick Treasury on Account of y^ Sufferings
mentioned in this Petition. \^Passed December 9.
168 Province Laws (i?e6-o/2;es, e^c). — 1766-67. [Chap, 111.]
CHAPTEE 111.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF CUMBER^
LAND COUNTY.
Rifords'of the ^^ Account of James Milk Treasurer of the County of Cumber-
councii.xxvi., laud having been presented to this Court for allowance the follow-
— ing Order passed thereon viz*
nai"jfp. 1M18. Resolved that the within Account, being right cast and well
vouched be allowed, and that the Treasurer be discharged of the
Sum of One hundred fifty seven pounds, nineteen shillings and ten
pence half penny, which lie has paid by order of the Court of Gen-
eral Sessions, and that he be further accountable for a balance of
Seventeen pounds one shilling, one penny half penny due to the
County. [Passed December 9.
[3d Sess.] Province Li aws (BesolveSj etc.) . — 1766-07. 1(59
RESOLVES, ORDERS, VOTES, ETC.
Passed at the Session begun and held at Boston,
ON THE Twenty-eighth Day of January, A.D.
1767.
CHAPTER 112.
ORDER IMPOWERING JOSIAH EDSON, ESQ«, TO SELL A PART OF A
LOT OF LAND AND MAKING PROVISION IN REGARD TO THE PRO-
CEEDS.
A Petition of the Selectmen of Bridgwater. Praying for leave to Legislative
sell the third part of a twenty Acre Lot late belonging to Deborah counctf xxvl^
Brand deceased in order to defrey the charges of her support. 317.
[Read and] Mass.
Ordered that this Petition be revived, and that Josiah Edson Esq'' xxxiiCm
of Bridgwater be, and hereby is impowered and directed to make R*'^*^|f'^''*'f .,
Sale of the third part of the Lot of Land within mentioned, which council, xxvi.,
belonged to Deborah Brand deceased, and to make a good Deed jo^urimi*"^^
thereof the produce of said Sale after the said Deborah's proportion pp-i^J-'^^b,
of the Debts and charges in said Petition mentioned are paid, to be p' m.cha'p.
applied towards payment of the charges that have arisen for the sup- ^^^'
port of the said Deborah by the Town of Bridgwater and the Town
of Need ham: And that the said Josiah Edson render an Account
of his doings herein to this Court. [Passed January 30.
CHAPTER 113.
RESOLVE CONFIRMING A PLAN OF A TOWNSHIP GRANTED TO CAP'
WM. RAYMOND AND OTHERS.
This Plan of a Township of Land of the Contents of Six Miles Legislative
and three Quarters of a Mile Square, granted to Captain William ^ouQ^if xxv^
Raymond and others who served in the Expedition against Canada 348. Mass.
in 1600, their legal Representatives or assigns, and by them laid out ^x'viiiv^^i.
in the County of Cumberland adjoining to great Sebago Pond, and House Jour-
adjoining to New-Boston, bounded as follows. Viz' Beginning at *!■■»'' p- lo^
the Northwesterly Corner Bounds of the Township of Windham, pp!^' 88, 225,
and extending by the Needle due Northeast seven and an half miles, \^\i^ch^^!u.
on the Head Line of said Windham, and New Boston ; thence ex-
tending on a due Northwest Course seven and an half Miles ; thence
from the first mentioned Bounds extending up the Northeast Side
of the Great Pond of Sebago as the Pond doth run, till a Northeast
Line shall terminate at Head of Seven Miles and an half on the
North east Side Line, was presented for Acceptance:
Accordingly,
170
Provence JjAws^Hesolves^etc). — 176G-67. [Chaps. 114, llo.]
Resolved, That it be, and hereby is accepted, and tlie Land therein
contained be confirmed unto them, their Heirs and Assigns for ever,
they complying with the Conditions of the original Grant ; Saving
only that they settle seventy five Families in stead of Thirty Families.
Provided the same doth not exceed the Quantity of seven and an
half Miles Square, with a Neck of Land and Island adjacent, delin-
eated on said Plan, including Allowance for Ponds therein contained,
nor interfere with any former Grant. \^Passed January 30.
CHAPTER 114.
RESOLVE IMPOWERING REV JONAS CLARK, GUARDIAN, TO JOIN WITH
OTHER HEIRS IN A SALE OF REAL ESTATE.
Legislative
Records of the
Council, xxvi.,
348. Mass.
Archives,
xiv., 476.
Mass.
Archives,
xiv., 475.
House Jour-
nal, pp. 229, 230.
A Petition of Jonas Clark of Lexington, Clerk, Guardian of
Lydia Bowes and Mary Bowes daughters of the Rev'* M' Nicholas
Bowes late of Bedford deceased, and Minors Setting forth. That
the said deceased appointed Thomas Hancock late of Boston Esq""
sole Executor of his last Will and Testament, and therein gave him
full power to make sale of his Real Estate, and that the said Exec-
utor put the same upon Sale accordingly; but was prevented pro-
ceeding therein by Death ; and that those of the Heirs who are of
age have all agreed to accept of an offer now made them for said
Estate; that the said Lydia & Mary are the only Heirs who are
Minors. And praying that he may be enabled to Join with the other
Heirs in the said Sale.
[Read and]
Resolved that the Prayer of the Petition be granted and that the
Petitioner, the Rev^ M^ Jonas Clarke Guardian to the said Lydia
Bowes and Mary Bowes be and liereby is impowered to joyn with
the other Heirs in making Sale of the real Estate mention'd in said
Petition and in executing a good Deed or Deeds in Law for convey-
ing the same, \^Passed January 31.
Legislative
Records of the
Council, xxvi.,
349.
House Jour-
nal, pp. 225, 231.
Province
Laws, ii., 151,
chap. 10.
CHAPTER 115.
RESOLVE IMPOWERING DEB" & NATH"- AMES, ADMR% TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Deborah Ames and Nathaniel Ames Administra-
tors of the Estate of Nathaniel Ames late of Dedham deceased Set-
ting forth That the deceaseds debts together with the allowance made
to the Widow and the charges of Administration exceed the Avhole
personal Estate the Sum of Five hundred and seventy nine pounds,
four shillings and 8''i/l> lawful money. And praying for leave to make
Sale of so much of the deceaseds Real Estate as will enable them to
discharge the said debts.
[Read and]
Resolved that the Prayer of the Petition be granted, and that the
Petitioners in their capacity of Administrators be, and hereby are
impowered to make Sale of so much of the Real Estate of Nathaniel
Ames deceased where it can best be spared and will be least preju-
[3d Sess.] Province Laws (7?e.soZyes, e^c). — ITdH-tiT. 171
dicial to tho Heirs as will amount to the Sum of Five hundred and
seventy nine pounds four sliillings and eiglit pence half penny law-
ful money and to make and execute a good deed or deeds in the
Law for the same, they observing the direction of the Law for the
Sale of Real Estates by Executors & administrators the aforesaid
Sum to be applied for the payment of the just debts due from the
said Nathaniel's Estate. [Passed January SI.
CHAPTER 116.
ORDER IMPOWERING BETHIAH BRAND AND OTHERS, INDIANS, TO SELL
A PART OF A LOT OF LAND AND MAKING PROVISION IN REGARD
TO THE PROCEEDS.
A Petition of Bethiah Brand and others Indians Praying for Legislative
leave to sell two third parts of a twenty Acre Lot of Land in Bridg- couucif xxvL^
water heretofore the Estate of Caleb Brand deceased, 354.
[Read and] Legislative
Ordered that this Petition be revived, & that the Petitioners have coum-if.xxvh,
liberty to make Sale of their two third parts of the twenty Acres of j(J*urnaf"®®
Land within mentioned ; and that Cap* John Jones of Dedham assist pp- ir.i, m,
in the Sale and see that Justice be done, and that the produce of Ante, p. m,
said Sale after the charges attending the same are deducted, be *^^^p- ^^"•
applied towards payment of two third parts of the Amount of the
debts of Caleb Brand the Intestate within mentioned ; and the re-
mainder to be distributed among the Petitioners according to their
respective Interest therein: they to be accountable to the Judge of
Probate for the County of Plymouth for their doings in the premises.
[Passed February '2.
CHAPTER 117.
RESOLVE ALLOWING £8 TO EDM" DIX.
A Petition of Edmund Dix of Philadelphia Mariner Setting Legislative
forth That he was taken during the late War in the Ship Prince councif xxvi^
of Wales Nathaniel Dowse Commander, when in pay of this Prov- 357. Mass.
ince, and carried Prisoner to France, where he was confined a Year ixvi.,^3:3.'
& half in Goal, and after that was impressed into the Kings Service, Mass.
and about two years since returned to Philadelphia. And praying an j^y'j'^^s;!'
allowance. House Jour-
[Read and] ^ nai.pp.239,'241.
Resolved that the Sum of Eiglit Pounds be allowed and Paid out
of the Publick Treasury to Capt Jonas Dix for the use of the Peti-
tioner in full Consideration for his Sufferings mentioned in the Peti-
tion. [Passed February 4.
172
Province Laws (i?esoZve.s-, e^c). — 17()()-r)7. [Chaps. 118, 11!).]
CHAPTER 118.
RESOLVE IMPOWERING R" TEABODY, GUARDIAN, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
359.
House Jour-
nal, pp. '226, 246.
Province
Laws, ii., 151,
chup. 10.
A Petition of Eichard Peabody of Boxford Guardian of one
Nathan Burnani aged about seventy Years a person Non Com-
pos Setting forth That the said Nathan has been three years
under Guardianship, that he owns a small Real Estate, but that it
is about £200 Old Tenor in debt, and the Buildings gone much to
decay; that ha hath one Child that is wholly upon charge, and that
the Income of the Estate is not sufficient for their support. There-
fore praying that he may be impowered to sell the same.
[Read and]
Ee.wlved that the prayer of the Petition be granted, and that the
Petitioner in his capacity as Guardian to Nathan Burnam a person
Non Compos, be, and he is hereby impowered to make Sale of the
whole of the Real Estate of the said Non compos, and to make and
execute a good & sufficient Deed or Deeds of the same to tlie pur-
chaser or purchasers their Heirs and Assigns forever, he observing
the directions of the Law respecting the Sale of Real Estates by Ex-
ecutors and administrators; and tliat the proceeds of such Sale be
applied so far as is necessary for the discharge of the just debts of
the said Non compos; and that the remainder of said proceeds shall
be put to Interest and applied for the support and maintenance of
the said Non Compos and his Child mentioned in the Petition; and
that after the decease of the said Non compos, the residue, if any
there be, shall be distributed to and among his Heirs agreable to
Law, and that the Petitioners give sufficient security to the Judge
of Probate for the County of Essex that said Money shall be so
applied. [Passed February 5.
CHAPTER 119.
ORDER IMPOWERING THE SELECTMEN OF LANESBORO TO LEVY A TAX
OF TWO PENCE PER ACRE FOR THREE YEARS ON ALL LANDS OF
DELINQUENT PROPRIETORS THEREOF.
Legislative
Records of the
Council, xxvi.,
165, 360.
Mass.
Archives, xiv.,
418,420. Legis-
lative Records
of the Council,
xxvi., 3.")5.
House .Tour-
nal, pp.234,247,
248. Province
Laws, iv., 815,
chap. 14.
A Petition of the Town of Lanesborough Setting forth That
this Court was pleased in the last May Session to incorporate the
said Town, and at the same time enabled the proprietors to Tax
themselves as such for the building a Meeting house making and
repairing Highways &c but not for the support of a Minister which
they esteem a great hardship, as they have a Minister settled among
them, and are unable of themselves to support him. And praying for
a Tax on the Lands of the delinquent Settlers for that purpose.
Read and
Ordered that a Tax of two pence ^ Acre annually for three years
next ensuing from the first of March next be laid on all the Lands
of the delinquent Proprietors or Settlers in Lanesborough for the
support of the Ministers or preaching, and for no other purpose
whatsoever, the public Lots only excepted ; and tnat the Inhabitants
of said Town be impowered at a legal Meeting to appoint suitable
persons to Assess & Collect the same. [Passed February 5.
[3d Sess.] Province Laws {Resolves, etc.). — 1766-67. 173
CHAPTER 120.
RESOLVE ALLOWING THE PROPRIETORS OF TOWNSHIP N" 3 FURTHER
TIME FOR OBTAINING HIS MAJESTY'S APPROBATION OF SAID GRANT.
A Petition of Nathan Jones, Francis Shaw and Eobert Gould Set- Lepsiative
ting forth That they liave advanced upwards of Six tliousand pounds council, xxvi.,
Sterling to bring forward the Settlement of a Township granted them Archiv^es?'
in February 1763 and have now about forty dwelling Houses, seven cxviii., 223.
Mills and other Buildings thereon, and about three or four hundred Mass.
Inhabitants. And praying that they may have a further time allowed cx'^iii!,*222.
them for obtaining his Majesty's Approbation of the Grant. Sri^pp.'^i^v^Tg
[Read and] i-eiv^^^k)
Resolved that the prayer of this petition be granted, & that the 241', 246.''^ ProV-
petitioners above named, for the reasons mentioned in s*^ petition ^^"'-^ ^2i)irHi;i|)
be further allowed the term of Eighteen Months, from this Day, to i(>9;'476*'ciiiiij.'
Obtain his Majesty's approbation of the within mentioned Grant. "'
\^Passed February 5.
CHAPTER 121.
RESOLVE DISMISSING M" AGENT JACKSON.
Whereas Eichard Jackson Esq' by Reason of his prior Engage- Legislative
ment with the Colony of Connecticutt cannot Act in behalf of this cofmcif xxv^^
Province in all the Matters depending in Great Brittain, wherein the 364. Mass.
Province is Concerned: And whereas the general Interests of the xxii.,503!
Colonies cannot be so effectually served by uniting the Agency of Mass.
severall of them in the same person, as by each having it's separate xxii^^Im* 502
Agent Legislative
Resolved, That Richard Jackson Esq' be & hereby is Dismiss'd counc'ii', ?xvk^
and Removed from the Agency of this Province ; And that the Sec- Hou«f JouV^''
retary be Directed to write to him accordingly. \^Passed February 6. nai, pp. 214,216,
CHAPTER 122.
RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION
OF REUBEN DELANO FOR A NEW HEARING OF AN ACTION.
A Petition of Reuben Delano of Dartmouth Setting forth That Legislative
Joseph Roach and C° of Nantucket in October last brought an Action council', xxvi.,
against him for £102.15.3 to which Action he was to Answer at the ^^
Court holden at Nantucket in October last. That the Petitioner had ?.S"f '"^^P^- ,
. , . nal,pp.235, 253.
but a few days notice of the Action & immediately made a power of
Attorney to Abishai Folger Esq' of Nantucket to appear & Answer
for him, and delivered it to one M' Hammond who was bound thither
but providentially prevented getting there before the Court was over,
by which means the case went against him. And praying that he may
be admitted to a new Trial, and that Execution may be stayed in the
mean time.
[Read and]
Resolved that the prayer of this Petition be so far granted, as that
174
Province Laws (Resolves, etc.). — 1766-67. [Chaps. 123, 124.]
the said Petitioner notify the adverse party by leaving with him a
Copy of this Petition, that so he may shew cause if any he have on
the first Tuesday of the next May Session of this Court why the
prayer thereof should not be granted; and that Execution be stayed
in the mean time : Provided the said Petitioner give security to the
Sheriff of the County of Nantucket to pay the Sum that may be
found finally due thereon. [Passed February 6.
CHAPTER 123.
RESOLVE ALLOWING £11. 14 TO RICH" HOLLAND.
Legislative
Records of tlie
Council, xxvi.,
366. Mass.
Arcliives,
Ixxx., 624.
Mass.
Arcliives,
Ixxx., 623.
House Jour-
nal, pp. 161, 251.
A Petition of Richard Holland of Taunton Setting forth That
on the 25^'' of March 1760 he inlisted as a Soldier in the pay of the
Province under Cap*^ IngoU but was turned over to Cap*^ Job AVil-
liams and proceeding so far as AVorcester he was there drawn out
for a Carter & went to Albany in which capacity he served till the
8*'' of October following, and then was discharged with eight others
whose discharges were all wrote on one paper, of which he is not
possessed, and this together with his having been a long time out
of the Province have prevented his receiving any recompence here-
tofore. And praying relief.
Read &
Resolved that the sum of Eleven pounds fourteen Shillings be
allowed & paid out of the publicic Treasury to y* Petitioner Richard
Holland in full for six mouths & an half Service mentioned in y®
petition. [Passed February 6.
CHAPTER 124.
ORDER IMPOWERING JOSEPH BLAKE TO SELL REAL ESTATE.
Legislative
Records of the
Council, xxvi.,
367.
House Jour-
nal, pp. SO, 103,
25.1. Ante,
p. 117, chap. 6.
A Petition of Joseph Blake Setting forth That he together
with Isaac Thomas late of Hardwick deceased were by virtue of an
Attachment possessed of about eight Acres of Land in Framingham
as Copartners in Trade which Land they had agreed to dispose of,
but were prevented by the death of the said Isaac. And praying that
he the said Joseph Blake may be impowered to make Sale of the
said Land in order to discharge some debts which still remain due
from the said Company; which petition was passed on by the House
on the lO"" of June last.
Read and
Ordered that this Petition be revived : and that the prayer thereof
be so far granted as that the said Joseph Blake the Petitioner be,
and hereby is impowered to make Sale of the Land mentioned in
said Petition, and make and execute a good deed or deeds in Law
for conveying the same, the said Isaac Thomas being deceased not-
withstanding. [Passed February 6.
[3i) Sess.] Province Laws {Resolves, etc.). — 176G-67. 175
CHAPTER 125.
RESOLVE DISCONTINUING THE ESTABLISHMENT FOR SLOOP MASSACHU- LcRlslatlve
SETTS AND DIRECTING THE FREIGHTING OF GOODS. Records of the
Council, XXVI.,
30«. Ma8B.
Resolved that the Establishment made for the Sloop Massachu- ^v^/.''374;
:ts in November 1757, to be Continued till the further order of Le„i8iatu
is Court Shall hence forth cease and Determine, and that the Records
>mmissary General be Directed to Freight Such Goods as he Shall 2k3"°ho
ve occasion ; for the Service of this Province on the most reason- 'j'°^"?''.
le terms. [Passed Februarii 6. Provinw
Laws, xvl., 71,
chap. 159.
CHAPTER 126.
RESOLVE ADJOURNING COURTS IN HAMPSHIRE COUNTY.
Whereas the Court of General Sessions of the peace and Infe- Legislative
rior Court of Common pleas for the County of Hampshire accord- councif xx'^i^
ing to the time by Law appointed should be holden at Northampton 368.
in said County on the second Tuesday of February current. And House Jour-
Whereas sundry of the Justices of the said Courts and others con- province^'^' '^^'
cerned in the business thereof are Members of this Court which is h^y'^'}!''"'^'^-,
like to continue sitting beyond the time aforesaid by Law appointed note,
for holding said Courts.
Therefore
Resolved That the said Court of General Sessions of the peace and
Inferior Court of Common pleas be, and hereby are Adjourned unto
the last Tuesday of March next, then to be holden at said North-
ampton and that all pleas, processes. Writs, x\ctions. Suits, Com-
plaints, precepts, Eecognizances and all other matters and things
returnable and having or that should have day in the said Courts,
if the same had been held on the said second Tuesday of February
shall be returnable and have day in the said Courts on the said last
Tuesday of March, and shall abide & continue unto that time and
shall then be proceeded on, heard, tried & determined to all intents
and purposes, as effectually as if the said Courts had been held on
the said second Tuesday of February. [Passed February 6.
CHAPTER 127.
RESOLVE ADJOURNING COURTS IN BRISTOL COUNTY.
Whereas the Court of General Sessions of the peace and Infe- Legislative
rior Court of Common pleas for the County of Bristol according coundf xxv^^
to the time by Law appointed should be holden at Taunton in said 369.
County on the third Tuesday of February Current. And whereas House Jour-
sundry of the Justices of the said Courts and others concerned in 256.' ^Pro^vince
the business thereof, are Members of this Court which is like to Laws, v ,67,
note Aiitc
continue sitting beyond the time aforesaid by Law appointed for p. es'.chap.iso.
holding said Courts, and also by reason of the severity of the Season.
176
Province Laws ( Resolves ,etc.). — 176 6-6 7 . [Chaps . 1 2 <s , 1 2 i i . ]
Therefore
Resolved That the said Courts of General Sessions of the peace,
and Inferior Court of Common pleas, be, and hereby are adjourned
unto the first Tuesday of May next, then to be holden at suitl Taun-
ton; and that all pleas, processes, AVrits, Actions, Suits, Complaints,
precepts, Recognizances, and all other matters and things return-
able and having, or that should have day in the said Courts, if tlie
same had been held on the said tldrd Tuesday of February shall be
returnable and have day in the said Courts on the said first Tues-
day in May and shall abide and continue unto that time, and shall
then be proceeded on, heard, tried and determined to all intents
and purposes as effectually as if the said Courts had been held on
the said third Tuesday of February. [^Passed Fehruary G.
CHAPTER 128.
RESOLVE GRANTING TO JACOB CALMEHORN LICENCE TO KEEP AN INN.
Legislative
Records of the
Council, xxvi.,
36-2. Mass.
Archives, cxi.,
Mass.
Archives, cxi.,
554. House
.Journal,
pp.227, 245,246.
A Petition of Jacob Calmehorn living at a place called the Gore
West of Pittsfield in the County of Berkshire Setting forth That the
same is a place of great resort, and that there is no public House
there. x\nd praying that the Court of General Sessions of the peace
of the said County may be impowered to grant him a Licence for
that purpose.
[Read and]
Resolved that the Prayer of this Petition be Granted and that the
Justices of the General sessions of the peace for the County of Berk-
shire be Impowered (if they See cause) to grant the Petitioner a
Licence at their ne.xt Session, the time for granting Licences being
elapsed notwithstanding he first obtaining the Approbation of the
Select men of the Town of Pitstield, \^Passed February 7.'
CHAPTER 129.
ORDER ASSESSING A TAX OF TWO PENCE PER ACRE ON LAND IN
OAKHAM.
Legislative
Records of the
Council, xxvi.,
372.
Legislative
Records of the
Council, xxvi.,
312,360. House
Journal,
pp. 174, 251, 253,
260.
A Petition of the Inhabitants of Oakam praying for a Tax on
the Lands of the Nonresident Proprietors being referred to a Com-
mittee of both Houses on the b^^ Instant, the said Committee re-
ported, and the following Order passed thereon viz'
Ordered that there be a Tax of two pence ^ Acre for one year
next ensuing laid upon each Standard Acre of Laud within the
District of Oakham to enable the Inhabitants to settle a Gospel Min-
ister in said place, and for no other purpose whatsoever. It appearing
to this Court that the Inhabitants have agreed with the Proprie-
tors never to apply to the proprietors for any more Land Taxes.
And the Inhabitants of said District are hereby impowered at a
legal District Meeting to appoint suitable persons to Assess and
collect the same. \^Passed Fehruary 7.
* This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is February 5.
[3d Sess.] Province IjAws (liesolves, etc.). — 1766-67. 177
CHAPTEK 130.
RESOLVE IMPOWERING THE ASSESSORS OF THE DISTRICT OF OAKHAM
TO COMPLETE THE COLLECTION OF TAXES, AND RESOLVE RECTIFY-
ING AND CONFIRMING PROCEEDINGS ON WARRANTS.
A Petition of the Freeholders and Inhabitants of Oakham Set- Leprisiattve
ting forth That in November 1701 the Great and General Court counSxxvL,
granted a Tax of 2"^ ^ Acre for three years then next ensuing, one ^I^:
penny a year for two years next following upon each Acre of the House Jour-
Lands of the Nonresident proprietors in the West Precinct of Eut- pVovilice "
land since Incorporated into a District by the name of Oakham. ^aT)!'i66?''''''^'
That they being then in their Infancy and unaquainted with public
business omitted posting Copies of their Assessments, by reason
whereof the said Taxes are not yet fully collected and inasmuch as
the present Assessors can take no legal measures for drawing in the
Taxes granted as aforesaid. Praying relief.
Read and considered and therefore
Resolved that the prayer of this Petition be so far granted that
the present assessors of said District of Oakham be and hereby are
authorized and impowered to compleat the Collections of said Taxes
according to the true intent thereof, and that they notify for Sale
so much and no more of each delinquent proprietors Land as they
upon their Oaths shall judge necessary for the compleating the pay-
ment of the said five years Taxes, and the charges arising thereon,
by posting all such Assessments within said District of Oakham, as
also in the shire Town of the County of Worcester and advertising
the same in one or more of the Boston News papers three months
before said Sale, to sell the same to the highest bidder, and make
and execute a good Deed or deeds of the same, and if it happen
that such Lands which they shall so expose to Sale, sell for more
than may be sufficient to pay the Assessment & charges thereof, the
Overplus shall be returned to the Owner.
And Whereas it appears that the Warrants & Eecords of some of
their District Meetings are insufficient in the following particulars
viz' In some instances no Eecords made of the Selectmens having
taken the Oath respecting the Bills of the neighbouring Govern-
ments, in others their Warrants not directed to the Constables, but
posted up by the Selectmen, and some that were directed to the
Constables no Eecords of the Constables warning thereon, in others
the Votes that passed at the Meeting not signed by the Moderator.
Resolved that notwithstanding the deficiencies aforesaid, or any
of the like kind, except in actions that are already commenced in
the Law relative thereto, if any such there be, that the Warrants
of such District Meetings, and the proceedings thereon, shall all be
and hereby are ratified and confirmed, & made valid in Law to all
intents and purposes wiiatsoever. \^Passed February 7.
178
Province Laws (i?eso?ves,e<c.). — 1766-67. [Chaps. 131-133.]
CHAPTEK 131.
RESOLVE ALLOWING £60 AND A FURTHER ALLOWANCE OF £1G TO
ROB^ BALLS.
Legislative
Records of the
Council, xxvi.,
3til.
House Jour-
nal, pp.23S, 265.
Province
Laws, xi., 764,
chap. 142.
A Petition of Robert Balls Keeper of the Lighthouse in Boston
Harbour Praying an allowance for his last years Service ending the
19"' day of November being his 33*^ Year; and for a reimbursment
of the Sum of Sixteen pounds he had advanced for thirty Cords of
Fire Wood for the benefit of the Light.
[Read and]
Resolved that the Sum of Sixty pounds be allowed and paid out
of the public Treasury to the Petitioner for his Service for one year
ending the 19"' of November last: Also the Sum of Sixteen pounds
for thirty Cords of Wood. {^Passed February 10.
CHAPTER 132.
RESOLVE IMPOWERING LYDIA GREENLEAF, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvl.,
381.
House Jour-
nal, pp. 218, 263.
Province
Laws, ii., 151,
chap. 10.
A Petition of Lydia Greenleaf Mother & Guardian of Stephen
Greenleaf a Minor about twelve years of age Setting forth That
the said Minor is Heir to one seventh part of his Grandfather M''
Stephen Greenleaf deceased his Estate, being one dwelling House
in Boston, and that tlie other Heirs are about selling their shares
of the said House, And praying that she may be im powered to make
Sale of the said Minors seventh part, the produce whereof improved
at Interest she apprehends would be more for the benefit of the
Minor than to retain so small a share of the said House.
[Read and]
Resolved that the prayer of this Petition be granted, and that
Lydia Greenleaf Guardian to Stephen Greenleaf a Minor be, and
she hereby is impowered in her said capacity to make Sale of the
seventh part of the House mentioned in this Petition for the most
the same will fetch, and execute a good deed in Law of the same to
the purchaser, and that the Money arising by such Sale be put out
at interest for the benefit of the said Minor, she observing the Rules
and directions of the Law for the Sale of Real Estates by Executors
and Administrators. [^Passed February 10.
CHAPTER 133.
RESOLVE DIRECTING THE PROVINCE TREASURER TO GIVE BOND FOR
THE FAITHFUL DISCHARGE OF HIS DUTIES.
Legislative
Records of the
Council, xxvi.,
384.
House .Tour-
nal, pp.275, 276.
Infra, chap.
134.
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
[3i) Sess.] Province Laws (Resolves, etc.). — 1766-67. 179
to him for his faitlif ul 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 tlie 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 pur-
pose which Bond shall be conditioned for such Treasurers truly and
faithfully discharging the duty of his Office according to Law, and
for rendering an Account when and so often as he shall be required
by the General Court of all such Sum or 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
this Province; provided that the said Bond be put in suit within
three years next after the date hereof, otherwise to be void and of
no Effect: And that Col° Murray & Col° Brown with such as the
Hon''''' Board shall join be a Committee to judge of the sufficiency
of such as may offer to become Sureties for the Treasurer as afore-
said.
In Council, Read and Concurred, and Thomas Hubbard Esq'' is
joined in the affair, [Passed February 1'3.
CHAPTER 134.
VOTE CHOOSING HARRISON GRAY PROVINCE TREASURER.
Pursuant to the Agreement of the two Houses they proceeded Legislative
to the choice of Civil Officers for the present year, and first of a councif, xxvk,
Treasurer and Receiver General for the Province ; when Harrison ^^ .
Gray Esq^ was chosen by a major Vote of the Council and House of ^ai"p^27T^'
Representatives. [Passed February 12.
CHAPTER 135.
VOTE CHOOSING THOMAS HUBBARD COMMISSARY GENERAL.
Pursuant to Agreement of the two Houses they proceeded to Legislative
the choice of Civil Officers for the present year when Thomas Hub- councif xxvi!*
bard Esq'' was chosen the Officer for purchasing Provisions &c for 3S5.
the several Forts and Garrisons by a major part of the Votes of the House Jour-
Council & House of Representatives. [Passed February 1:2. na,p. -u.
180
Province Laws {Besolves, etc.). — 176(3-67. [Chaps. 136-138.]
Legislative
Records of the
Council, xxvi.,
385.
House Jour-
nal, p. 277.
Legislative
Records of the
Couucll, xxvi.,
38(j.
House Jour-
nal, p. 277.
CHAPTEK 136.
VOTE CHOOSING JAMES RUSSELL COMMISSIONER OF IMPOST,
Pursuant to Agreement the two Houses proceeded to the
choice of Civil Officers for the present year, when James Russell
Esq"" was chosen Commissioner of Impost by a major part of the
Votes of the Council & House of Representatives. [^Fassed Feb-
ruary 12.
CHAPTER 137.
VOTE CHOOSING THOMAS GOLDTHWAIT TRUCK MASTER AT FORT
POWNAL.
The two Houses according to Agreement proceeded to the
choice of Civil Officers for the present year, when Thomas Gold-
thwait Esq' was chosen Truck master for Fort Pownal by a major
Vote of the Council & House of Representatives. [Passed Feb-
ruary 12.
CHAPTER 138
VOTE CHOOSING NOTARIES PUBLIC.
Legislative
Records of the
Council, xxvi.,
386.
House Jour-
nal, pp. 277, 278.
The two Houses according to Agreement proceeded to the Choice
of Civil Officers for the present year when the undermentioned Per-
sons were chosen public Notaries by a Major Vote of the Council
and House of Representatives.
Suffolk.
For the port Boston
r Salem .
I Ipswich
\ Marblehead
I Newbury
[ Glocester
Plymouth
f Barnstable
I Falmouth
Essex
Plymouth
Barnstable
Bristol
Dukes County Edgartown
Nantucket
York
fYork
) ■
Kittery .
( Wells .
Cumberland Falmouth
Lincoln
I Ezekiel Goldthwait Esq'
\ M' Henry Alline jun'
John Nutting Y.i.ff
M'' Samuel Sawyer
John Chipman Esq""
William Atkins Esq'
Paniel M'itham Esq'
pjdward Winslow Esq'
Solomon Otis Esq'
Thomas Smith Esq'
f Thomas Gilbert Esq'
I Elislia Tobey Esq'
John Pease jun'
Obed Hussey Esq'
Daniel Moulton Esq'
Charles Chauncey Esq'
John Wheelwright Esq'
Stephen Longfellow Esq'
M' Thomas Moulton
\_Passed February 12.
[3d Sess.] Province IjAws (Besolves, etc.). — 176«j-67. 181
CHAPTER 139.
RESOLVE ALLOWING £800 TO THE JUSTICES.
Resolvd that the Sum of Eight Hundred Pounds be allowed & ^^^Ij^^^J^'t^e
paid out of the publick Treasury to the Honorable the Justices of council, xxvi.,
the Superior Court of Judicature Court of Assize & General Goal Archives^'*'
Delivery, And to the Executor of the Honorable Chambers Russell x»v-.tii'J-
Esq' deceasd, late one of the Justices of said Court for their Ser- House Jour-
vices for one year, ending the first Day of January last. \^Passcd '''^' '
February IS.
CHAPTER 140.
RESOLVE ALLOWING £40 TO THE CHIEF JUSTICE.
Resolvd that the Sum of Forty Pounds be allowd & paid out of ^«?*^'?"^|^.
1 . -J __ l^. ^ Records of the
the publick Treasury to the Honorable Thomas Hutchinson Esq"" Council, xxvi.,
in Consideration of his faithfull Discharge of the important Trust Archi^esT"
reposd in him as Cheif Justice & for his further Encouragement xiiv., 62u.
therein. {^Passed February 13. ^^^^^Ini^'
CHAPTER 111.
RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER OF THE HOUSE.
In the House of Eepres''^' r^'^'^'h"^* h
Resolved, That there be granted, and allowed to be paid out of council, xxvi.,
the publick Treasury, the Sum of four shillings per Diem, to the Archiv^es^Y
honorable Thomas Ciishing, Esq'' Speaker of the House for every 259.
Day of his Attendance in the General Court, from the opening of House Jour-
the Sessions on the twenty eighth Day of may; 1766, over and above ''^'•p-'^^-
his Pay as member of this House.
In Council Read & Concurred. ^Passed February 13.
CHAPTER 142.
RESOLVE ALLOWING £267 TO THE TREASURER.
Resolved, That the Sum of Two Hundred & sixty seven pounds ^^^'^f^'^^th
be granted, and allowed to be paid out of the publick Treasury to council, xxvi.,
the honorable Harrison Gray, Esq'' Treasurer and Receiver-General Archi^ves,%.iv.,
of his Majesty's Revenues of this Province, for a year's Service, end- ^J^
ing the twenty-third Day of December last. \^Passed February 13. House Jour.
182
Province Laws (i?eso?yes,e<c.). — 1766-67. [Chaps. 143-147.]
Legislative
Records of the
Council, xxvi.,
388.
House Jour-
nal, p. 270.
CHAPTER 143.
RESOLVE ALLOWING £200 TO THE COMMISSARY GENERAL.
Resolved that the Sum of Two hundred pounds be granted and
allowed to be paid out of the public Treasury to the Ilon^'^ Thomas
Hubbard Esq' Commissary General for his faithful discharge of his
trust for one year ending the eleventh day of January last. [Passed
February 13.
CHAPTER 144.
Legislative
Records of the
Council, xxvi.,
389.
House Jour-
nal, p. 269.
Infra, chap.
145.
RESOLVE ALLOWING £90 ADDITIONAL TO THE SECRETARY.
Resolved that the Sum of Ninety pounds be granted and allowed
to be paid out of the public Treasury to the Hon**'^ Andrew Oliver
Esq"" Secretary of this Province in consideration of his extraordinary
Service to the sixth day of December last. [Passed February 13.
CHAPTER 145.
Legislative
Records of the
Council, xxvi.,
38t).
House Jour-
nal, p. 269.
Supra, chap.
144.
RESOLVE ALLOWING £50 TO THE SECRETARY.
Resolved that the Sum of Fifty pounds be granted and allowed
to be paid out of the public Treasury to the hon""'* Andrew Oliver
Esq"" Secretary of this Province for his Services for one year ending
the sixth day of December last. [Passed February 13.
Legislative
Becords of the
Council, xxvi.,
389. Mass.
Archives, 1.,
260.
House Jour-
nal, p. 270.
CHAPTER 146.
RESOLVE ALLOWING £90 TO THE CLERK OF THE HOUSE.
Resolved, That there be granted, and allowed to be paid out of
the publick Treasury, the Sum of Ninety Pound to M'' Samiiel
Adams; Clerk of the House of Representatives, for his Service
during the several Sessions for the current Year. [Passed Feb-
ruary 13.
CHAPTER 147.
RESOLVE ALLOWING £50 TO LIEUTENANT JOHN PHILLIPS AT CASTLE
WILLIAM.
Legislative Resolved that there be allowed and paid out of the public Treas-
Councif,xxvi., ury the Sum of Fifty pounds to John Phillips Esq"" Lieutenant of
^ his Majesty's Garrison at Castle William in consideration of his
SiTif 27i''*' faithful discharge of that trust. [Passed February 13.
[3d Sess.] Province Laws {Resolves, etc.). — 1766-67, 183
CHAPTER 148.
RESOLVE ALLOWING £40 TO THE CHAPLAIN OF CASTLE WILLIAM.
Resolved tliat there be allowed and paid out of the public Treas- Legislative
ury the Sum of Forty pounds to M"" Christopher Bridge Marsh Chap- coS.xxVi!
lain at his Majesty's Castle William for one year in consideration of 3H9 .
his faithful discharge of that trust. \^Passed February 13. House Jour.
CHAPTER 149.
RESOLVE ALLOWING £12 TO Y^^ CHAPLAIN OF THE TWO HOUSES.
Resolved that there be allowed and paid out of the public Treas- Legislative
ury the Sum of Twelve pounds to the Eev** Samuel Cooper for his councif xxw.^
faithful Service as Chaplain to the hon^'® Board, and the Hon''''' 390-
House of Representatives the current year. \ Passed February 13. House Jour-
^ •> ^ ^ nal, p. 270.
CHAPTER 150.
RESOLVE ALLOWING £200 TO THE PRESIDENT OF HARV^' COLLEGE.
Resolved that the Sum of Two hundred pounds be granted & ^?'*''^''^fth
allowed to be paid out of the public Treasury to the Rev*^ Edward council, xxvi.,
Holyoke President of Harvard College over and above the Rents of —
Massachusetts Hall for one year ending the tenth day of September naTp!269^'^'
last, to be paid quarterly. \^Passed February 13.
CHAPTER 151.
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 M' Edward Wigglesworth Hollisian professor of councff xxvl^,
Divinity at Harvard College in Cambridge the Sum of One hun- 39t).
dred pounds for a years Service ending the fifth of February Instant House Jonr-
as a Gratuity in consideration of his faithful discharge of the great ^^ ' ^' '^'^^'
and important trust that was reposed in him. [^Passed February 13.
184
Province Laws {Resolves, etc. ) . — 17(j(j-67. [Chaps. 152-154.]
CHAPTER 152.
Legislative
Records of the
Council, xxvi.,
390.
House Jour-
nal, p. 270.
RESOLVE ALLOWING £100 TO THE PROFESSOR OF MATHEMATICS AT
HARVARD COLLEGE.
Resolved that there be granted and allowed to be paid out of the
public Treasury to John Winthrop Esq'' Hollisian professor of Math-
ematic's and natural Philosophy at Harvard College in Cambridge,
the Sum of One hundred 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 Feb-
ruary 13.
CHAPTER 153.
Legislative
Records of the
Council, xxvi.,
336, 391.
Legislative
Records of the
Council, xxvi.,
303, 356. House
Journal,
pp. l.'iS, 159, 161,
214, 241, 28-2, 283.
ORDER IMPOWERING THO^ HART TO ENTER A COMPLAINT.
A Petition of Thomas Hart, praying leave to enter a Complaint
at tlie Superior Court in an Action against one Joseph Eaton, his
neglect to do it seasonably notwithstanding,
Read and
Ordered that tlie Petitioner Thomas Hart be, and he hereby is
impowered to enter his Complaint at the next Superior Court of
Judicature, Court of Assize and General Goal delivery to be holden
at Ipswich within and for the County of Essex on the third Tues-
day of June next against Joseph Eaton for his debts and Cost in
said Petition mentioned with additional Interest. And the said
Court are hereby authorized and impowered to make up Judgment
on said Complaint and award Execution thereon in the same man-
ner as they Avould have done had the said complaint been entered
at the Superior Court held at Salem aforesaid on the third Tuesday
of June last. \^Passed February 14.
CHAPTER 154.
Legislative
Records of the
Council, xxvi.,
392.
House Jour-
nal, pp. 237, 282.
RESOLVE REMITTING TO THE TOWN OF BRAINTREE £10 FINE FOR
NOT SENDING A REPRESENTATIVE.
A Petition of the Freeholders and other Inliabitants of the
Town of Braintree Setting forth That the said Town by reason
of the roughness of the Land are at the expence of little less than
two hundred pounds a year for repairing and amending their Roads;
notwithstanding which the Attorney General filed an information
against the said Town, and in August last the Superior Court then
sitting in Boston laid a Fine of Ten pounds upon said Town. And
praying relief.
[Read and]
Resolved that the prayer of the Petition be granted, and that the
Fine of ten pounds laid upon the Town of Braintree be, and hereby
is remitted, and that no further proceedings be had thereon; it
appearing to this Court that part of the way mentioned in the Peti-
tion has so lately been laid out, and is so difficult to be made good
that said Town ought to have had longer time for that purpose.
\^Passed February 14.
[3d Sess.] Province Laws (liesolveft^ etc.). — 1760-67. 185
CHAPTER 155.
RESOLVE ALLOWING 3,000 ACRES OF EQUIVALENT LAND TO IIEZ" WARD
& OTHERS.
A Petition of Ilezckiah Ward, Benjamin Clarke and Jon^ Mason Legislative
Heirs and Attorneys for the Heirs of tlio Estate of Benj^ Clarke late colmcif, xVv l,
of Boston deceased Eben'' Storer Executor of the Will of Ehenezer '^•''■J-
Storer late of Boston Esq"" deceased, and Stephen Minor Admin"" of House Jour-
the Estate of Jonas Clarke late of Boston aforesaid Esq'' deceased Set- "i^.' ''province'
ting forth That they own certain Lands bought by them and their ^ifjiT,^'^"'' ^"^'
predecessors lying in the North part of a new Township formerly
called Boston Township N" 1, now Charlemont That they are de-
prived of about two thousand Acres of Land by the West Line of
Colrain being pitchd down before the Surveyor had run out the
length of Line he has given in for the North Line of Charlemont.
And praying for an equivalent.
Eead &
Resolved that there be granted to Hezekiah Ward & others.
Assignees of the Town of Boston in proportion to their several
losses of Lands in the Town of Charlemont by the running of the
Lines of Colrain, three thousand Acres of the unappropriated Lands
of this Province, adjoining to the said Town of Charlemont in full
satisfaction for any deficiency of the contents of the original Grant
of said Town : the said Assignees returning a Plan of the same taken
by a Surveyor and Chainmen under Oath to this Court for Confir-
mation within one year from this time. [^Passed Fehr^iary 16.
CHAPTER 156.
RESOLVE IMPOWERING SAMUEL GERRISH TO SELL REAL ESTATE AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Mary Huse of Newbury setting forth That her Legislative
late Husband William Huse dec"^ was possessed of about forty Acres councif xxvi^
of Land in said Newbury lying in four pieces nearly three Miles 397.
remote from each other, without either Wood or Stone thereon to House Jour-
fence it. That he left an only Child Mary Huse an Ideot, and that olzl'm"^ p'roy!
the Petitioner is unable to support herself or Child Avithout break- i?i''' ^'"^^^^ ••
• 1 -r, 11 . n 1 151, chap. 10.
mg in upon said Estate but has now an opportunity to sell the same
and to purchase a Farm of One hundred Acres of Land well accom-
odated for the support of a Family. And praying that she may be
allowed to make the said Sale and purchase accordiiagly, and that
Maj"^ Samuel Gerrish or some other meet person may be impowered
to negotiate the affair.
[Read and]
Resolved that the prayer of this Petition be granted, and that
Maj'' Samuel Gerrish within named be, and hereby is authorized
and impowered to make Sale of and convey the said Lands and
Tenements late of the said William Huse herein named for the
most the same will fetch and to make and execute a good Deed or
deeds in Law to the purchasers, He observing the Eules & direc-
tions in the Law for the Sale of Eeal Estates by Executors & Ad-
min""*, and that the said Samuel Gerrish be, and hereby is impow-
186
Province LiAws {BesolveSf etc.) . — 1766-67. [Chaps. 157, 158.]
ered and directed to lay out the monies arising by such Sale as
aforesaid in the purchase of such other Lands and Tenements for
the use of the Ideot named in this Petition, and her Heirs forever
as may be most beneficial for her, and take a Deed or deeds of con-
veyance thereof to himself and his Heirs in trust for the Ideot, and
for the Sole use and behoof of her and her Heirs forever: but reserv-
ing therein unto Mary Huse the Mother of the said Ideot and Widow
of the said William Huse the use and improvement of one third
part of such new purchased Land & Tenements during the life of
the said Mary. Provided she first release unto the purchasers of the
first mentioned Lands and Tenements all her Right of Dower in
and unto the same. And that Samuel Gerrish Esq'' be accountable:
and that when the Sale and purchases in said Petition mentioned,
are compleated, he then lay the same before the Judge of Probate
for the County of Essex for allowance. [Passed February 17.
CHAPTER 157.
RESOLVE ALLOWING £12. 12 TO BENJ^ AYRES.
Legislative
Records of the
Council, xxvi.,
399.
Mass.
Archives,
Ixxx., 633.
House Jour-
nal, pp. 240, '273,
274.
A Petition of Benj* Ayres of Ipswich Setting forth That in
1761 he served during the Summer as a Soldier in the pay of the
Province under Cap*^ Gideon Parker at Xova Scotia. That upon
part of the Regiments return home he was by his own consent
turned over to Cap' Johnson Moulton and served there under him
for seven Months, but that his name is omitted in Cap' Moulton's
Roll, and he thereby deprived of seven months pay. And praying
relief.
Read &
Eesolved that there be allowed and paid out of the public Treas-
ury to Cap' Farley of Ipswich twelve pounds twelve shillings in full
for the use of the petitioner. [Passed February 17.
CHAPTER 158.
ORDER ASSESSING A TAX OF ONE PENNY PER ACRE YEARLY FOR
THREE YEARS ON LANDS IN CHARLEMONT.
Legislative
Records of the
Council, xxvi.,
•219, 406.
Legislative
Records of the
Council, XXV.,
149; xxvi., 368.
House .lour-
nal, pp. 16,17,
•255,276,301.
Province
Laws, iv., 1020,
chap. 9; 1047,
note; xii.,'275,
chap. 33.
A Petition of Aaron Rice Agent for the Town of Charlemont
Setting forth. That the Grantees of said Township have so con-
ducted their affairs as to have at this time only thirty Families
settled therein, altho' the Grant was made near thirty years since
upon the like conditions of Settlement as other Towns. That the
general Court have already granted a Tax of One penny ^ Acre for
three years on all the Lands in said ToAvn for making Roads, build-
ing a Meeting House & Mills and for the support of Divine Wor-
ship notwithstanding which the Meeting House is only raised &
covered that they have no Minister yet Settled, and one half of the
Inhabitants are in low Circumstances, whereby they are rendered
unable to do these things themselves. And praying that the Non-
resident proprietors may be obliged to fulfil the conditions of Set-
tlement so far as belongs to them, and that there may be a tax of
[3d Sess.] Province Laws (Besolves, etc.). — 1766-67. 187
one penny p Acre for the term of three years granted on all the
Lands lying in said Town for the purposes beforementioned.
Read and
Ordered that there be a Tax of one penny p Acre yearly granted
for three years upon all the Lands in the Town of Charlemont,
(public Lands excepted) and that the money thereby arising be
applied as follows viz' Fifty pounds part of said money towards
finishing the Meeting House already set up in said Town, and that
the remainder of it be applied to pay for Preaching the Gospel and
settling and supporting a Minister, And that the said Tax be final
so far as respects those proprietors who have settled a proportion-
able number of Families in said Town : The Petitioners to enter an
Account of their doings in the Town Books. [Passed February 18.
CHAPTER 159.
ORDER DIRECTING THE RELEASE OF ISAAC SPOOR FROM GOAL.
In the House of Representatives. On the Petition of Isaac Legislative
Spoor Constable of the District of Egremont. Whereas it appears counctf .xlv^^
to this House that the Assessment committed to him to collect 407.
amounted to the Sum of £64.4.6, of which he hath paid £16.9.8 House Jour-
into the Treasury, the balance being Forty seven pounds, fourteen °ai>PP-264,288.
shillings and ten pence due to the Province, for which he is now
committed to Prison.
Ordered That the keeper of his Majesty's Goal in Great Barring-
ton, forthwith liberate the said Isaac from said Goal without Fee
or charge: Provided He the said Isaac shall give Bond to the Select-
men or Treasurer of said Town with sufficient surety that he will
do his utmost endeavour to collect the said Sum of £47.14.10 and
pay what he shall be enabled so to collect into the Treasury of the
Province within six Months, and to the performance whereof, the
said Isaac is hereby ordered, and as fully impowered as if the time
of the first Collection had not been expired. And the Province Treas-
urer is hereby directed and impowered to issue out a new Warrant
to the said Isaac accordingly. And that part of his petition respect-
ing his charge and sufferings, shall be referred to the further con-
sideration of this Court.
In Council, Read k Concurred. [Passed February 19.
CHAPTEK 160.
RESOLVE IMPOWERING THOMAS DANFORTH AND ABIGAIL HIS WIFE,
ADMx, TO SELL PART OF AN ESTATE.
A Petition of Thomas Danforth of Billerica and Abigail his Legislative
Wife Admin^ of the Estate of her late Husband Abel Fox of said c^undf xxv^i^
Billerica deceased setting forth That the said Abel died seized 408.
of a dwelling House and two Acres of Land in Billerica That she House Jour,
before her intermarriage with the said Thomas, thought that she ^^^i-pp- 291.292.
had paid all the debts of her said former husband, but it afterwards
appeared otherwise, and [in] 17G6 the said Thomas was Sued and
188
Province Laws (i?eso?i'es,e<c.). — 1766-67. [Chaps. 161, ](i2.]
imprisoned for a debt of the said Abel of twelve pounds, and was
with much difficulty discharged. And praying tliat they may be
enabled to make Sale of some part of the Estate of the said Abel
for the discharge of the debt aforesaid.
[Eead and]
Resolved that the prayer of the Petition be granted, and that the
petitioners are hereby impowered to make Sale of so much of the
Eeal Estate of Abel Fox of Billerica aforesaid in the aforesaid Peti-
tion mentioned as shall pay the Sum of Twelve pounds lawful money
together with the charges of such Sale, and to execute a good deed
or deeds of the same. [Passed February 19.
CHAPTER 161.
Legislative
Records of the
Council, xxvi.,
410.
House .Jour-
nal, p. 289.
Province
Laws, ii., 151,
chap. 10.
RESOLVE IMPOWERING JOSEPH MOORS, ADMIN«, TO SELL REAL ESTATE.
A Petition of Joseph Moors of Groton Admin'' of the Estate of
Jonathan Moors late of Shirley deceased Setting forth That the
said Jonathan's personal Estate is not sufficient by £42 to pay his
just debts besides charges of settling; that he died seized of about
80 Acres of Land with a small dwelling House and an old Barn
thereon, lying in Shirley aforesaid. And praying that he may be
impowered to sell the same in order to discharge the said debts, he
to be accountable.
[Read and]
Resolved that [the]' Petitioner in his said capacity be and hereby
is impowered to make Sale of the whole of the Real Estate of the
said Jonathan Moors, and to execute a good deed or deeds in Law
of the same; he observing the Rules and directions of the Law of
this Province respecting the Sale of Real Estates. Provided he give
sufficient caution to the Judge of Probate for the County of Mid-
dlesex that the proceeds there of be applied for the purposes men-
tioned in the Petition. [Passed February 19.
CHAPTER 162
Legislative
Records of the
Council, xxvi.,
411.
House Jour-
nal, pp. 279,291.
Province
Laws, ii., 151,
chap. 10.
RESOLVE IMPOWERING JOSEPH EMES, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Joseph Ernes of Framingham Guardian of Abigail
Gleason a Minor now in her 20"' year Setting forth, That the said
Abigail had set off to her of the Estate of her late Father Eben'
Gleason of said Framingliam deceased 3 small pieces of Laud, one
containing three Acres, another six and another one, with one third
of two third parts of the Buildings left by her said Father, and of a
Barn built since his death : that she is now about marrying, and is
desirous, as is also her Mother and other Friends, that the same may
be sold to enable her to go to Housekeeping. And praying that he
may be impowered to make Sale of the same accordingly.
[Read and]
Resolved that the prayer of this Petition be granted, and that the
within named Joseph Emes be and he hereby is impowered in his
' Inserted from the House Journal, p. 289.
[3d Sess.] Province Laws {Resolves, etc.). — 17HH-H7. 189
capacity to make Sale of the premises mentioned in this Petition
for the most the same will fetch, and to make and execute a good
deed or deeds in Law to the purchaser, he observing the Rules and
directions of the Law for the Sale of Real Estates by Executors and
Admin", and the proceeds arising by sale to be applied for the ben-
efit of the said Abigail. \^Passed February 19.
CHAPTEK 163.
RESOLVE IMPOWERING ISRAEL STEVENS, EXECUTOR, TO SELL REAL
ESTATE.
A Petition of Israel Stevens of Grafton Exec"" of the last Will Legislative
& Testament of Jacob Stevens late of Stowe deceased Setting councif.xxvh,
forth That the debts due from the said deceaseds Estate amount to ^
Five pounds twelve shillings and seven pence more than the said Sri"pp;'2'fi6!^29L
deceaseds Personal Estate: that he died seized of two small pieces Province
of unimproved Land lying in Stow amounting to but little, if any chap%.'' '
thing more in value than the Sum aforesaid. And praying that he
may be impowered to make Sale of the said Lands in order to dis-
charge the forementioned debts.
[Read and]
Resolved that the prayer of the foregoing Petition be so far granted
as that the petitioner Israel Stevens in his said capacity be, and hereby
is impowered to make sale of the two small pieces of Land in the
Petition mentioned for the most the same will fetch, and to make
and Execute a good deed or deeds thereof; he observing the direc-
tions of the Law relating to the Sale of Real Estates by Executors
& Admin" and giving sufficient security to the Judge of Probate
for the County of Middlesex that he will duly account for the pro-
ceeds thereof. \^Passed February 19.
CHAPTER 164.
RESOLVE IMPOWERING JOHN JONES, ATTY, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Resolved that the Prayer of the Petition of John Jones Attorney Legislative
to Samuel Ompany and Zurviah Ompany be Granted, and that the n ^''nco^ xx*^^
said John Jones, be and he is hereby Impowered to make Sale of 412. Mass',
the Several Tracts of Land mentioned in S'' Petition for the most xxx^^Cs-ji.
they will fetch and to make and Execute a Good Deed or Deeds in magg. '
the Law to the Purchaser he Observing the Directions of the Law Archives,
relative to the Sale of real Estates by Executors k Administrators sgsi'^LegisIa.
and Giving Sufficient Caution to the Judge of Probate for the County o7fhe council,
of Middlesex that the Proceeds arising by Such Sale Shall be Secured ^J^^^^^l\,^
& transmitted to M'' Zachariah Mayhew & Jonathan Allen Esq" of na^i^pp. 38?70,
Chilmark on Marthas Vinyard by them to be kept on Interest for fnce Laws^''°^'
the benefit of the Said Samuel Ompany and Zurviah Ompany and ii.,i5i,chap.
their Heirs Excepting only Ten Pounds (if need be) to be Applyed
towards finishing the House in Said Petition Mentioned and to pur-
190
Province Laws (i2eso?ves, e^c). — 1766-67. [Chaps. 165,160.]
chas them the Said Samuel and Zurviah Such things as may be
Necessary the Said Zachariah Mayhew & Jonathan Allen to be Ac-
countable to this Court. \^Passed February 19.
CHAPTEE 165.
RESOLVE IMPOWERING JOHN HALE TO SELL REAL ESTATE AND MAK-
ING PROVISION IN REGARD TO THE PROCEEDS.
liegislative
Records of the
Council, xxvi.,
413.
House Jour-
nal, pp. 236, 286.
Province
Laws, ii., 151,
chap. 10.
A Petition of John Hale of Boxford Setting forth That Thomas
Jewit late of Winchendon gave by Will to his four Sons, Daniel,
David, Moses and Enoch Jewit certain Lots or parcels of Land in
s** Winchendon: that great charges have since arisen on said Lands,
which their friends have paid so far as they are able, but tliat some
part at least must now be sold for defreying said Charges, and should
they be sold by the proprietors Committee in the usual way, they
would sell to great disadvantage And praying that he may be im-
powered to sell the whole of said Lands; He to be accountable.
Eead &
Resolved that the petitioner John Hale be, and hereby is author-
ized and impowered to make Sale of the Lands mentioned in the
Petition viz' all of it which belongs to David, Moses & Enoch, and
to make and execute a good deed or deeds of the same, he observ-
ing the directions of the Law respecting the Sale of Real Estate by
Executors & Admin", and giving sufficient caution to the Judge of
Probate for the County of Worcester that the proceeds of said Sale
shall be applied in the manner following viz' after the debts which
are now due upon said Lands are paid, the remaining part of the
proceeds of said Sale be put to interest for the benefit of the said
David, Moses & Enoch. \^Passed February 20.
CHAPTEE 166.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF THE
COUNTY OF DUKES COUNTY.
Legislative
Kecords of the
Council, xxvi.,
414.
House Jour-
nal, pp. 14,304.
An Account of Gershon Cathcart Treasurer of Dukes County
having been presented for allowance the following Order passed
thereon viz'
Resolved that the foregoing Account being right cast and well
vouched be accepted, and that the Treasurer be discharged of the
Sum of One hundred and twenty two pounds, seventeen shillings
and two pence which he has paid by order of the Court of Sessions,
and that he be further accountable for a balance of One pound, one
shilling, one farthing still remaining due to the County. \^Passed
February 20.
[3i) Sess.] Province Laws {ResolveSy etc.). — 1766-67. 191
CHAPTER 167.
RESOLVE IMPOWERING JON-^ WINGATE AND HANNAH HIS WIFE, ADM^
TO EXECUTE A DEED.
A Petition of Jonathan Wingate and Hannah his Wife as she Legislative
the said Hannah was Administratrix of the Estate of her late hus- oouncif, xx v'l
band Samuel Beard late of Scarborough deceased Setting forth Tliat ^u^
the said Samuel on the 23*^ of February 1739 gave to one Walter Foss House Jour,
a note of hand for the Sum of Two hundred pounds as a security 2^.'^^' * '
for his giving to said Walter a Deed of his the said Samuel's part
of the Overplus Land so called then being in Biddeford, but now in
Pepperelborough, but that he did not live to execute the said Deed.
And praying tluit they may be impowered to give the Deed afore-
said, that so the said Note may be cancelled.
[Read and]
Resolved that the prayer of the Petition be granted ; and that the
Petitioner for the reasons set forth in the petition be, and they are
hereby impowered to give & execute a good deed in Law to the said
Walter Foss of the Overplus Lands mentioned in the Petition.
\^Passed February 20.
CHAPTER 1G8.
ORDER ASSESSING A TAX OF A HALF PENNY PER ACRE FOR THREE
YEARS ON LANDS OF NON-RESIDENT PROPRIETORS IN FITCHBURG.
A Petition of Amos Kimball Agent of the Town of Fitch- Legislative
Records of the
burgh Setting forth That the said Town was lately set off from Council, xxvi.,
Lunenburgh, that two public Roads & most of the Bridges which Archives^"
were in Lunenburgh now fall within Fitchburgh, that the said cxxi., 442.
Roads running through rough & miry Lands are very expensive, Legislative
besides which they have lately built a Meeting House & supported couucif, xxvif,
the public Worship in said Fitchburgh, which they find too heavy j'^uru^i'^^p 40
for them, and as the Lands of the Nonresident Proprietors are greatly 200, 251, 262, 273,'
benefited by these means Praying that a Tax of one penny ^ acre 'mce La\v8,^ivT,'
may be laid on said Lands for the term of three years to defrey the 685, chap. 30.
charges aforesaid.
Read and
Ordered that the Petition be so far granted as that there be a
yearly Tax of half penny ^"^ acre laid upon the Lands of the Non-
resident Proprietors in said Township for the term of three years
That the money raised by said Tax be applied to the making &
repairing Bridges an.d Roads in said Town & for no other purpose
Avhatever That the assessors and Constables or Collectors of said
Township be respectively impowered to assess and collect the same;
and in case any of said Proprietors shall neglect or refuse to pay
their respective assessments that so much of their Land be sold as
may be sufficient for that purpose, and to defrey the charges of
Sale, and that the assessors of said Town be impowered to make &
execute proper Deeds thereof, first giving notice of said Sale six
weeks at least before it be made in all the Boston News papers three
weeks successively & returning the Overplus if any there be, after
said Sale to the owner on demand, and that the Town Clerk of the
192 Province Ijxyfs {Resolves, etc.) . — 1 7(3(5-6 7. [Chaps. 1(!SI, 170,]
Town of Fitchburgh shall by the first day of May which will be
Anno Domini One thousand, seven hundred and seventy one exhibit
to the Secretary of this Province a true account of the application
of said Tax to be filed in his office for the inspection &, satisfaction
of the non resident proprietors. \_Passed February 21.^
CHAPTER 169.
ORDER IMPOWERING JOHN MERRETT TO ENTER A COMPLAINT.
Records^onhe ^ PETITION of Johu Mcrrett of Providence in the Colony of
Council, xxvi., Ehodc Island Setting forth, That in Feb'' last he recovered Judg-
— ment at the Inferior Court held at Northam})ton for the County of
naiypp!29Mii. Hampshire against Ebenezer Davis of Ware in said County for the
Sum of £19.8.5Mj debt & £4.1.8 costs; from which Judgment the
said Ebenezer appealed to the Superior Court holden at Springfield
for the said County in September last, but did not prosecute his
Appeal. And the petitioner furnished himself with Copies in order
to enter his complaint at the Superior Court, but his attorney by
mere accident forgot it. And praying that the said Court may be
impowered to receive the Complaint and make up Judgment and
award execution thereon.
Read &
Ordered that the prayer of the foregoing Petition be so far granted
that the Petitioner be allowed to enter his Complaint at the next
Superior Court of Judicature &c to be holden at Springfield within
the County of Hampshire, and for the Counties of Ilampshire &
Berkshire on the last Tuesday of September next, against the said
Eben'' Davis for his not prosecuting his aforesaid Appeal: and the
said Justices of the said Court are hereby fully impowered to receive
said Petitioners Complaint, and to enter up Judgment thereon
against said Ebenezer as prayVl for (if they shall see fit) and that
said Judgment shall be as valid as if the same complaint had been
entered and Judgment thereon made at the last Superior Court.
\^Passed February 23.
CHAPTER 170.
RESOLVE IMPOWERING JOHN BALL, GUARDIAN, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative ^ PETITION of John Ball of Boston Guardian of Victor, John
Council, xxvi., and Hannah Blair Children of Eben' Blair late of Boston de-
^— ceased Setting forth That there was set off to the said Children
nai"pp.'^293)^3i8. ^^^^ third part of a piece of Land with an old Building thereon
Province ' being part of the Estate of their uncle Bethel Blair dec*^ fronting
cifap.'io."' ' fifty foot on purchase Street, of about 70 feet in depth; that about
sixteen feet of said fifty with an old irrepairable Shop thereon, fell
to the share of the said Children, Avhich can be of little advantage
to them as it lyes. And praying that he may have liberty to make
Sale thereof for the benefit of the said Children.
1 This date is according to Mass. Archives and the House Journal ; according to Legis-
lative Records of the Council the date is February 23.
[3d Sess.] Province Laws {Resolves^ etc.). — 1766-67. 193
Read &
Resolved that Jolm Ball Guardian to Victor, John & Hannah
Blair mentioned in this Petition be, and hereby is impowered in
his said capacity to make Sale of the premises within mentioned for
the most the same will fetch, and to make and execute a good deed
of tlie same to the purchaser; he observing the Rules and directions
of the Law for the Sale of Real Estates by Executors & Administra-
tors, and the monies arising by such Sale to be put to interest for
the benefit of the said minors. \^Passed February 24.
CHAPTER 171.
RESOLVE IMPOWERING ELIZ^ RIDER, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Elizabeth Rider of Douglas Adm^ of the Estate Legislative
of Joseph Rider late of Douglas deceased Setting forth That the ?^^^° elf, xxv^u.
deceaseds debts amount to twelve pounds more than his personal ^
Estate : that he died Seized of about forty eight Acres of Land only House Jour-
twelve of which are under improvement, & the rest is poor Land sa^.'fw.sis. '
scarce worth the clearing, the House upon it small and unfinished, £aw8°^'® 151
and no Barn: that he left a Family of Children, the oldest not chap. 10.'
eleven years of age, and that it would be for their interest to have
the premises sold. And praying that she may be impowered to sell
the same accordingly.
The facts set forth in the Petition being true.
Resolved That the said Elizabeth Rider in her said Capacity be,
and she hereby is impowered to make Sale of the whole of the Real
Estate of the deceased mentioned in the Petition for the most the
same will fetch, and to make and execute a good deed or deeds in
Law to the purchaser; She observing the direction in the Law re-
specting the Sale of Real Estates by Executors & Admin", and
giving proper caution to the Judge of Probate for the County of
\Yorcester that the money arising by such Sale be applied for the
payment of the just debts of the dec*^ and the remainder for the
benefit of the Heirs. And the Judge of Probate for the County of
Worcester is hereby impowered to take security for the payment of
the Interest of one third part of the proceeds of the Sale of said
Estate to the said Elizabeth during her natural life in lieu of her
right of Dower in s*^ Estate. \^Passed February 24.
CHAPTER 172.
RESOLVE IMPOWERING ASA STOWERS AND REBECCA HIS WIFE, GUAR-
DIAN, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD
TO THE PROCEEDS.
A Petition of Asa Stowers and Rebecca his Wife as she is Guar- Legislative
dian to Jonathan Lynd a Minor about ten years of age Setting councif.xxvif,
forth. That Cap' Daniel Denny late of Leicester gave to the said ^^
Jonathan his Grandson by his last Will a piece of Land in said House Jour-
Leicester containing about thirty eight Acres which is under a province'
Mortgage for the payment of about One hundred and twenty pounds ^ifapfVo.'* ^^^'
194
Province Laws {Resolves, etc.). — 1766-67. [Chaps. 173, 174.]
to one Phoebe Read, about nine Acres of which is set to a Widow
during her natural life. And praying she may be impowered to sell
the said nine Acres in order to discharge the said Mortgage.
The facts set fortli in this Petition appearing to be true; there-
fore
Resolved That the prayer of this Petition be granted ; and that
the Petitioners in their capacity be, and hereby are impowered to
make Sale of the nine Acres of Land mentioned in this Petition for
the most the same will fetch and to make and execute a good deed
or deeds to the purchaser, they observing the rules and directions
in the Law for the Sale of Real Estate by Exec''* & Admin" and
giving proper caution to the Judge of Probate for the County of
Worcester that the monies arising by said Sale be applied for the
discharge of the Mortgage to the said Pha?be Read, and the Over-
plus, if any there be, to be put to interest for the benefit of the
said Jonathan Lynd. \^Passed February 25.
CHAPTER 173.
ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF
CERTAIN INHABITANTS OF FALMOUTH TO BE ANNEXED TO THE DIS-
TRICT OF CAPE ELIZABETH.
Legislative
Records of the
Council, xxvi.,
430.
Legislative
Records of tlie
Council, XXV.,
384. House
Journal,
pp. 236, 319.
Province
Laws, iv., 838,
chap. '2fi\ 872,
note; xvi., 445,
chap. 213.
A Petition of a number of the Inhabitants of Cape Elizabeth,
formerly the second parish in Falmouth who were some time since
set off from the said second to the first parish in Falmouth Setting
forth That they had since petitioned to be set back to the second
parish, the prayer whereof they imagine was granted in effect, tlio'
not in form:. And praying that they or as many of them as think fit,
may be set off from the first parish in Falmouth to the District of
Cape Elizabeth.
Read &
Ordered that the petitioners notify the District of Cape Elizabetli,
and the first parish in Falmouth by leaving a Copy of this Petition
and Order with each of their respective Clerks: And the Petitioners
are also ordered to notify the persons mentioned in their Petition
to be taxed by causing the said Petition and Order to be read to
them respectively, or a Copy thereof left at their place of dwelling,
so that all parties concerned may have opportunity to be heard upon
the same on tlie second Wednesday of the Session of the General
Court in May next; and the Collection of the Taxes of those persons
referred to in this Petition is ordered to be stayed until the further
Order of this Court. \^Passed February 25.
CHAPTER 174.
ORDER DIRECTING THE OVERSEERS OF THE POOR OF THE TOWN OF
ROXBURY TO TAKE IMMEDIATE CARE OF ROBERT BOS WORTH.
A Petition of the Selectmen of Dorchester, Roxbury and Brook-
Leglslative
Council, xxvi., lyn Setting forth That one Robert Bosworth a stranger & delir-
— eous has for divers years past made it his practice to wander about
[3d Sess.] Province Laws (Iiesolvef(,etc.). — 170(5-67. 195
from House to House in the said Towns to tlie great annoyance & ]f^\^fl'l^^%23
disturbance of tiie Inluibitants, and to the endangering his own
life, as ho has no settled place of aboad, and no other Shelter in
some of the severest weather but such Barns as he happens to light
upon. And praying tlie order of this Court respecting the said
Robert.
Read and
Ordered that the Overseers of the poor of the Town of Roxbury
take immediate care of the within named Robert Bosworth by pro-
curing suitable Cloathing and subsistence for him in as reasonable
manner as his circumstances will admit of; and that he be imployed
in some business, if callable thereof. And that they render an ac-
count of their disbursements in order to receive out of the public
Treasury all such Sum or sums of money as may be needful for his
support more than the fruits of his own labour during the pleasure
of this Court. \^Passed Fehruary 25.
CHAPTER 175.
RESOLVE ALLOWING THE ACCOUNT OF THE TRUSTEES OF THE HAS-
SANIMISCO INDIANS.
The Account of the Trustees of the Hasanamisco Indians ap- Legislative
pointed by the General Court to receive the Interest money arising couucif xxvi^
by the Sale of their Lands was presented for allowance 434. Mass.
Signed Artemas Ward Tim« Paine xxxml.^.
Whereupon the following Order passed, viz' House Jour-
Resolved that the Said guardians be & hereby are further account- proviiicef'
able for the Sum of Two pounds fourteen Shillings & Eight pence |^|^^c^ai7^io4
above mentioned. \^Passed February 25.
CHAPTER 176.
ORDER ALLOWING £48. 12. 3 TO PHINS LOVET.
A Petition of Phineas Lovet Captain of the military Foot Com- Legislative
pany in the Town of Mendon Setting forth That in the years 1758 counnf xU'r
& 1759 He was by a Law of this Province obliged to raise a certain ise. Mass.
'number of Men for the general Service of the War: that the Gov- i^xx.^lfi?.
ernment allowed a certain Sum as a bounty to encourage Men to Mass^
inlist, and provided that in case a sufficient number should not A'"*^'"^!^.'
inlist by a certain day there should be an impress to compleat the House Joiir-
Quota of each Company; and in case there should be any of the provmcl^*^' ^^"
people called Quakers liable to be impressed, the Captain of the Com- \'V'^\ ^'^•'P?'
pany to which they belonged were impowered & required to employ 635', note.'" '
a Sum not exceeding £13.6.8 ^ Man to hire one in the room of such
Quaker, which Sum was to be assessed on such Quaker who was thus
excused from a personal Impress. That the Province Bounty being
insufficient to procure the men by inlistment, his Company agreed
to Augment the Bounty in order to prevent an Impress; which pro-
posal was communicated to one George Aldrich whom the Quakers
had appointed to represent them, and he readily complied there-
196
Province IjAws (Besolves, etc.). — 1766-67. [Chaps. 177, 178.]
with ; and by this means the inlistment was effected notwithstand-
ing which the said Aldrich commenced an action against the Peti-
tioner for the Sum assessed on him, alledging that as the men, upon
Record appeared to be inlisted men, the Quakers were not by Law
held to pay any part, and finally recovered of him £6.7.4 damages,
and £15.8.3 Costs, for which Sums execution was issued, and he
paid the money, besides other Charges & expences. And praying
relief.
Read &
Ordered that there be allowd & paid to the Petitioner out of the
publick Treasury the Sum of forty Eight Pounds twelve shillings &
three pence in full Satisfaction for his Expence in the Suit brot
against him by George Aldrich as set forth in the Petition. [Passed
February 26.
CHAPTER 177
RESOLVE REMITTING TO THE TOWN OF STURBRIDGE £20 FINE FOR
NOT SUPPORTING A GRAMMAR SCHOOL.
Legislative
Records of tlie
Council, xxvi.,
437. Mass.
Archives,
cxviii., 230.
Mass.
Archives,
cxviii., 229.
House .Jour-
nal, pp. 30.5, 322,
331.
In the House of Representatives
On the Petition of Moses Marcy Esq"" Agent for the Town of
Stirbridge Praying that a fine ordered upon said Town by the
Court of Gen" Sessions of the peace in the County of Worcester
for their not being Supplied with a Gramer School may Be Remitted
to them
AVhereas it appears to this House that the Inhabitants of said
Town Labour under many Difficulties by Reason of their Scituation
and have been Subjected to Great Charges in Settling a minister
Therfore
Resolved that the fine mentioned in said Petition be Remitted to
Said Town of Stirbridge and Said Town shall be, and Accordingly
is hereby Discharged from the payment of the same
In Council Read & Concurred. [Passed February 27.
CHAPTER 178.
RESOLVE ALLOWING £2. 12. 5 TO JACOB MARTIN AND £2. 8. 10 TO JOHN
LAKEMAN.
Legislative
Records of the
Council, xxvi.,
438. Mass.
Archives,
Ixxx., 63.5.
Mass.
Archives,
Ixxx., 634.
House Jour-
nal, p. 339.
A Petition of Jacob Martyn and John Lakeman both of Ips-
wich Setting forth That they inlisted into his majesty's Service
in the pay of this Province on the 20* of March 1763 under Cap'
Nathan Brigham, the said Martyn serving as a Sergeant, and Lake-
man as a private, and that when the Roll was made up they were
by mistake entered on the 26'*' day of April. And praying Relief.
[Read and]
Resolved that the Prayer of the Petition be Granted and there be
paid out of the Publick Treasury to Cap' Mechael Farley the sum
of Two pounds Twelue Shillings & 5*^ for the use of the Petif Jacob
Martyn and the Sum of Two pounds Eight Shillings and Ten Pence
for the use of the Petiti"^ John Lakeman In full to Compleat the
wages Due to Each of the Petitioners. [Passed February 27.
[3d Sess.] Province Laws {JResolves, etc.). — 1760-67. 197
CHAPTER 179.
RESOLVE ALLOWING £188 TO HARRISON GRAY, TREASURER.
A Petition of Harrison Gray Esq'' Province Treasurer, praying Legislative
an allowance for his extraordinary Service in borrowing money and councu, xlVi^,
issuing the Securities for the same; for paying the Interest due on ^rchwe/^civ
former Securities, and drawing Bills of Exchange on the Agent, 415.'
for which Services the Court have made him allowances extraordi- Mass.
nary in time past. i\4!"" House ^■'
[Read and] Journal, _
Resolved, That the Sum of one hundred & eighty three pounds pnjvin'oe '"
be granted & paid out of the publick Treasury to the Petitioner in ^s^^^i'i.j'^^^ts.
full Consideration of the extraordinary Services mentioned in his Anie,v.m,
Petition. [Passed February 27. ^'
CHAPTER 180.
RESOLVE ALLOWING £100 TO AND""' OLIVER, SECRETARY.
A Petition of Andrew Oliver Esq' Secretary of the Province, Legislative
representing that the Fees & Emoluments of his place have in the councff xxvl*
year past fallen short of what they had heretofore been, although ^i-
his time has been equally employed in attending on the business House Jour-
of the Court: That the Station he is in, is confessedly a place of ^Antf^-p^lhT''
great labour & care, which he has dearly experienced in the injury ^^^^p- i*^-
done his health by a close attention to the business belonging to it ;
and that his public Station demands a greater expence than would
be expected in private life: And after acknowledging with grati-
tude the usual Grants which have been made him the present Ses-
sion, amounting to £140 Praying for a further allowance as well for
himself as to procure assistance in the business of his office.
[Read and]
Resolved that the Sum of One hundred pounds be allowed and
paid out of the public Treasury to the hon'^'* Andrew Oliver Esq""
Secretary of this Province to enable him to pay for assistance in
his office the year past. [Passed February 28.
CHAPTER 181.
RESOLVE ALLOWING £120 TO WILLIAM BAKER, DOORKEEPER.
A Petition of William Baker Doorkeeper to his Excellency the Legislative
Governor and messinger of the two Houses Setting forth That the coun^df xxvi^
whole of his time is spent in the said Services, and that being obliged 442.
to live near the Court House, he sits at a great Rent. And praying House Jour-
an allowance. na , p.
[Read and]
Resolved that there be allowed and paid out of the public Treas-
ury the sum of One hundred and twenty pounds to M' William Baker
doorkeeper to his Excellency the Governor & this Court for his Ser-
vice for one year to be paid quarterly. [Passed February 28.
198
Province Laws (i?e.s'o/ve.s,e^c.). — 176G-67. [Chaps. 182, 183.]
CHAPTER 182.
Legislative
Records of tlie
Council, xxvi.,
442. Mass.
Archives,
Ixxxvii., 113.
Mass.
Archives,
Ixxxvii., 112.
House Jour-
nal, pp. 264, 340,
341.
ORDER ALLOWING £400 TO THE SUFFERERS BY FIRE IN BOSTON.
A Petition of the Selectmen of the Town of Boston Setting
forth That on the 3*^ Instant a Fire brake out in the said Town
whereby between forty & fifty Families were burnt out and lost
their Houses & great part of their furniture and Provisions, the
most of whom are reduced to the extremest necessity. And as the
said Town is not yet recovered from the distresses brought upon it
by a former Fire, and by the small pox which lately passed through
it, Praying such Relief to those Sufferers who are real objects of
Charity as this Court shall judge meet.
[Read and]
Ordered that there be allowd & paid out of the publick Treasury
the Sum of Four hundred Pounds, into the hands of tlie Selectmen
of the Town of Boston, for the use »& Comfort of those Sufferers by
the late Fire in said Town who are proper Objects of immediate
reliefe, to whom said Selectmen are hereby impowerd to distribute
the same in proportion to their several Losses. [Passed February 28.
CHAPTER 183.
Legislative
Records of the
Council, xxvi.,
322, 439.
Mass.
Archives, xiv.,
472. Legisla-
tive Records of
the Council,
xxvi., .331, 394,
,395. House
Journal,
pp. 194, 198, 200,
201,285,289,337,
338.
ORDER DESIRING THE GOVERNOR TO ISSUE A BRIEF, FOR COLLEC-
TIONS IN BEHALF OF THE CHURCH AT NOBLETOWN AND ALLOWING
£50 OUT OF PROVINCE TREASURY THEREFOR.
A Petition of William Kellog in behalf of the Churcli and
people at a place called Nobletown Setting forth That by the
late most distressing depredations made on them by a number of
people from New York Government, the Inhabitants are so reduced
that they are utterly unable to contribute towards the support of
the Gospel among them, and being now in Arrears about the Sum
of £100 to the Re-v*^ M' Smith their Minister which, under tlieir
present circumstances it is impossible for them to discharge, Pray-
ing that a Brief may be issued for their Relief.
[The com^^*^'^ report] Read, and so far accepted, as that his Ex-
cellency be desired to issue a Brief for making Collections in the
several Towns, Districts and Parishes within the Counties of Hamp-
shire, Berkshire and Worcester for the relief, of the sufferers men-
tioned in said Petition, the money collected to be paid into the
hands of John Ashley of Sheffield and Timotliy Woodbridge of
Stockbridge Esq" to be by them distributed accordingly, to their
best discretion. And
Ordered that the Sum of Fifty pounds be allowed and paid out
of the public Treasury to the Petitioner to be distributed by John
Ashley of Sheffield & Timothy Woodbridge of Stockbridge Esq"
for the immediate relief of the sufferers mentioned in the Petition:
the said John Ashley and Tim° Woodbridge Esq""^ to lay an account
of such distribution before this Court. \_Passed March 3.
[3d Sess.] Province Laws {Resolves, etc.). — 17(JG-67. 199
CHAPTEE 184.
RESOLVE GRANTING TO ISAAC HALL LICENCE TO SELL STRONG DRINK.
A Petition of Isaac Hall of Medford setting forth That he Legislative
hath hitely built a Still House in said Town, and hath obtained the counc'if, xxv'i^,
approbation of the Selectmen to retail spirituous Liquors; but as 443.
the time for granting Licenses in the County of Middlesex will not House .lour-
arrive till September next, praying that the next Court of General ^'^'^^'
Sessions of the peace for the said County may be impowered to
grant him a License for the purpose.
[Read and]
Resolved i\vii,i the prayer of the Petition be granted: and that the
Justices of the General Sessions of the peace for the County of Mid-
dlesex be impowered (if they see cause) to grant the Petitioner a
License at their next Session, the time for granting Licenses being
elapsed notwithstanding he first obtaining the approbation of the
Selectmen of the Town of Medford therefor. [^Passed March 3.
CHAPTEE 185.
RESOLVE GRANTING THE PROPRIETORS OF SIX TOWNSHIPS EAST OF
THE PENOBSCOT RIVER FURTHER TIME TO OBTAIN THE APPROBA-
TION OF HIS MAJESTY.
A Petition of Samuel Downe and Matthew Thornton in behalf Legislative
of the Grantees of the six Townships in the Territory of Sagade- coun^f, xiv*i^,
hock granted to David Marsh and Others Praying that a further Archi^es^^"
time may be granted them for obtaining his Majesty's Approbation cxvui., aie.
of the Grant of this Court. Mass.
[Read and] ^-^^^ik
Resolved, That the Grantees of the six Townships east of Penob- R^^'rd*^^f th
scot River granted by this Court in March 1762 (to David Marsh Councif, xxvi.,
and others) be allowed the further Term of eighteen months to jolirn^i*"^''
obtain his Maiesties Approbation of the Grant mentioned. \ Passed pp-n.56,343,
nr 1 6> •- 344. Province
March 3. Laws.xvii.,
575, chap. 144.
CHAPTEE 186. '
RESOLVE IMPOWERING SARAH SYLVESTER, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Sarah Sylvester of Hanover Guardian to her only Legislative
Child Matthew Sylvester a Minor now in the 14*'* year of his age Set- Records of the
ting forth. That the said Minor is interested one sixth part in a dwell- 445. ' ' ''
ing House, Corn house and Barn in said Town wliich have no Land House Jour-
belonging thereto, but what the said Buildings cover: that she hath utul'^^Prov.
built a House on Land belonging to her said Son, which she is ince Laws, n.,
unable at present to finish: and as she hath now an opportunitv of ^^'^ ^p- 10.
disposing of her Sons interest in the forementioned buildings, which
can be of no advantage to him to hold. Praying that she may be
200
Province IjAVfS, {Resolves, etc.). — 1766-67. [Chaps. 187, 188.]
enabled to make Sale of the same in order to finish the House she
has set up as aforesaid.
The facts set forth in this Petition appearing to be true, there-
fore
Resolved that the prayer of this Petition be granted, and the
Petitioner in her said capacity as Guardian be, & hereby is impow-
ered to make Sale of the premises mentioned in this Petition, for
the most the same will fetch, and to make and execute a good deed
thereof in Law to the purchaser. She observing the Rules and direc-
tions of the Law for the Sale of Real Estates by Executors and
Admin", and the money arising by the said Sale to be applied for
the purposes mentioned in this Petition: and that slie give suffi-
cient caution to the Judge of Probate for the County of Plimouth
that the said Money shall be applied accordingly. \^Pa8sed March 3.
CHAPTER 187.
ORDER ALLOWING £14. 12. 11 TO W" KELLOGG.
Legislative
Records of the
Council, xxvi.,
446. Mass.
Archives,
cxviii.,237.
Mass.
Archives,
cxvlii., 236.
House Jour-
nal, pp. 343, 345.
Ante, p. 198,
chap. 1^*3.
William Kellogg presented to the Court an Account of the
expences of four several Journeys from Nobletown to Boston in
behalf of the distressed people of that place, and thereupon the
following Order passed viz'
Orderd that the foregoing Account be accepted & that there be
allowd & paid out of tlie publick Treasury unto the said William
Kellog the Sum of fourteen pounds twelve shillings & Eleven pence
in full for the same. \^Passed March 3.
CHAPTER 188.
RESOLVE ALLOWING £50 ABATEMENT ON THE PROVINCE TAXES OF
GLOUCESTER.
Legislative
Records of the
Council, xxvi.,
448. Mass.
Archives,
cxviil., 221.
House Jour-
nal, pp.265, 348.
A Petition of the Selectmen of Gloucester representing their
losses in the course of the last year, having lost nine out of nine-
teen Fishing Schooners which sailed just before a violent Storm in
March last, several others of them being much wreckt, besides which
they lost one Vessel in the West Indies. And praying Relief.
Read & y^ facts sett forth in the Petition appearing to be true
Resolved That y* Prayer of the Petition be granted & that the
Sum of Fifty Pounds be abated the Town of Glocester out of their
Taxes for the year 170(5 in consideration of their Losses & Suffer-
ings. {^Passed March 4.
[3d Sess.] Province Laws {Resolves, etc.). — 17GG-67. 201
CHAPTER 189.
RESOLVE IN REGARD TO INTENDED SALES OF LANDS AND ASSESS-
MENTS IN THE DISTRICT OF OAKHAM.
Whereas tlie General Court in their present Session resolved Legislative
upon the Petition of the Inhabitants of Oakham that the prayer councirxxv'r
of the said Petition should be so far granted that the present 448.
assessors of the District of Oakham should be impowered to com- iiouseJour-
pleat the Collection of Taxes in said Petition mentioned, as may •2ai,'26o,' 2fii,' 352!
at large appear by the said Resolve: But as some doubt arises re- ^^^l^'\^^"'
specting the notification of such intended Sales as are therein men-
tioned : It is further
Resolved That the Assessments and intended Sales therein men-
tioned shall beside their being posted as is therein expressed, be
advertised in one or more of the Boston News papers for three
weeks Successively three months before the time of Sale. \^Passed
March 4.
CHAPTER 190.
ORDER ALLOWING £2, 14 TO THE COMMITTEE ON MUSTER ROLLS.
An Account of a Committee of the House of Representatives Legislative
appointed the 4"' of June last to examine the Muster Rolls in the counctf xxvi^
Treasurers Office was presented for allowance Signed Stephen Hall 449.
^ Order: Whereupon the following Order passed. House Jour-
Ordered that the within Account be accepted, and that there be 353.'^^" ^' ^^ *
allowed and paid out of the public Treasury the sum of Two pounds,
fourteen shillings to said Committee within mentioned in full dis-
charge of said Account. \^Passed March 4.
CHAPTER 191.
RESOLVE DIRECTING THE TREASURER TO PAY SOLDIERS, THEIR AD-
MINISTRATORS, EXECUTORS, OR WIDOWS SUMS APPEARING UNPAID
ON THE MUSTER ROLLS.
The Committee appointed to sit in the Recess of the Court to Legislative
examine the Muster Rolls at the Treasury, report as follows viz' Records of the
mi i J 1 1 n 1 ;l n • -i n i ^ CoUDCll, XXVl.,
iliat they have attended that Service, and nnd that there now 449-
remains on said Rolls a number of Sums amounting in the whole House Jour-
to Two hundred & seventy seven pounds twelve shillings and one ^^9.' ^^supl'aj^'
penny which have no X made against them, nor any Receipts given ^^^^- ^'^•
for the payment of them. They further Report that there are sev-
eral other Sums which tho' crossed have no names signed against
them, of which the Committee took no Account, by reason that the
Treasurer says he is fully persuaded he has discharged the same.
Signed Stephen Hall ^ Order
[Read and]
Resolved that the Province Treasurer be, and hereby is directed
to pay unto the several Soldiers their Executors, Admin" or respec-
202 Province Laws {Resolves, etc.). — 176G-67. [Chaps. 192, lii;^>.]
tive Widows tlie Sums appearing upon the several Muster Rolls set
against their names which remain unpaid, provided they apply for
the same within two years next ensuing. \^Fassed March 4.
p. 140, chap. 54.
CHAPTEE 192.
ORDER CONFIRMING A PLAN OF 8,544 ACRES OF EQUIVALENT LAND TO
CAPT. HENRY YOUNG BROWN.
Records of the "^^^ WITHIN Plan of a Tract of Land containing eight thousand
Council, xxvi., five hundred and forty four Acres granted by this Court in June
^— ■ last to Henry Young Brown, and by him laid out agreable to said
mii"pp!n5!^346, Grant, bounded as follows viz' begining at tlie Eastwardly corner
350,' 351. Ante,' of said Browu's Township near Pigwacket, thence South seventy
eight degrees West four hundred Rods by said Town Line to a Pitch
pine Tree marked IB 1760; thence South twenty seven degrees East
sixteen hundred & thirty Rods to a Pitch pine Tree marked Hi 17G6;
thence North Sixty degrees East nine hundred & sixty Rods to a Maple
Tree marked IB 17GG; thence Xorth, twenty seven degrees West
sixteen hundred & seventy two Rods to the Southeast side Line of
Col° Joseph Frye's Township in Pleasant pond; thence South forty
five degrees West by said Frye's Township to the first mentioned
Bounds, was presented for acceptance and accordingly
Ordered, That it be and hereby is accepted, and the Lands therein
contained is Confirmed unto him the said Henry Young Brown, his
Heirs & Assigns forever, he complying with the conditions of the
Grant; saving that tlie Families settled on this Grant shall be under-
stood as part of the fifty nine Families he was obliged to settle by
the Grant of his said Township. Provided the said Plan doth not
exceed the quantity of Eight thousand five hundred & forty four
Acres exclusive of allowance for Water & sag of Chain, & doth not
interfere with any former Grant. \^Passed March 4.
CHAPTER 193.
RESOLVE IMPOWERING THO^ CUSHING, ESQ», GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISIONS IN REGARD TO THE PROCEEDS.
Lesrisiative A PETITION of Thomas Cushing of Bostoii Esq' Guardian to his
Council, xxvi., two daughters Mary Cushing and Margaret Cushing Setting forth,
1??: That his late Brother Edward Cushing dec*^ devised by his last Will
Mi^pp'336'^355 ^^^ Testament to his said two daughters one eighth part of a Ware-
356.' ' ' house in Boston, the remaining seven eightlis of which is the prop-
erty of the Petitioner. And as the said Warehouse is much out of
repair. Praying that he may be impowered to make Sale of the said
Children's share therein he to be accountable
Read and the facts appearing to be true;
Resolved that the prayer of the Petition be granted : and that the
Petitioner be and he hereby is impowered to sell his Childrens Right
in the premises mentioned in the Petition and to make and execute
in due form of Law a deed or deeds of conveyance thereof to such
person or persons as shall be willing to purchase the same, the pro-
[3d Sess.] Province 'LwNi^ (Resolves, etc.). — 17()()-()7. 203
ceeds of said Sale to be put out on interest for tlieir benefit, lie to
account with the said Children as they severally arrive at lawful
age for the same. \^Passed March 5.
CHAPTER 194.
ORDER GRANTING TO W^' GOODHUE LICENCE TO KEEP AN INN.
A Petition of William Goodhue Setting forth That upon the Legislative
encouragement of a number of Gentlemen in Salem, he hath hired coum^f xxvi^
a House in the s** Town well accomodated for a Tavern, and hath 453. Mass.
obtained the approbation of the Selectmen for that purpose. And 5.56? '^'^^•^■'"••
praying that the Court of General Sessions of the peace for the House .lour-
County of Essex may be impowered to grant him a License, the nai, pp. 332,3.51,
time by Law for granting Licenses being elapsed notwithstanding.
Read &
Orderd that the Prayer of the Pet° be granted & that the Jus-
tices of the Court of Gen' Sessions of the Peace for the County of
Essex be & hereby are empowerd at their next Session if they see
Cause to grant the Pef a Licence to keep a Tavern in Salem, as
prayd for in the Pet" the time for granting Licences by Law ap-
pointed being elapsd notwithstanding, he producing to said Court
a Certificate of the Approbation of the Selectmen of the Town of
Salem. [Passed March 5.
CHAPTET? 19 /l Legislative
^ -"- ^^ -"^ -•- -^ -^ ± J7 V • ' Records of the
Council, xxvi.,
456. Mass.
RESOLVE ALLOWING THE ACCOUNT OF THE GUARDIAN OF THE PUN- Archives,
CAP AUG INDIANS. xxxiii., 413.
Mass.
Joseph Billings Guardian to the Punkapog Indians presented xxxui^.Tis.
his Account from March 1765 to January 1767 to the Court for ^^^^'^28'-°'^"
allowance : Whereupon the following Order passed viz' Province'"
Resolvd that the said Joseph Billings be further accountable for 36o)cliap!305.
the Sum of Eighteen pounds 17/11^4 accordingly. [Passed March 6.
CHAPTER 196.
RESOLVE ALLOWING £3. 0. 3 TO JOS : HAWLEY, ESQ.
A Petition of Joseph Hawley Esq'' Praying an allowance for his Legislative
Service & Expence in attending a Town Meeting at Great Barring- Qo^e"if xxv^
ton by order of this Court in the last May Session. 456.
[Read and] House Jour-
Resolved that the Sum of Three pounds & three pence be allowed ^nil^\i^mf^'
& paid out of the Province Treasury to Joseph Hawley Esq"" for his ciiap.33.
Service and expence in attending a Town Meeting at the Town of
Great Barrington in the County of Berkshire and acting as Mod-
erator of the same as set forth in his Petition. And that the said
204
Province Laws ( Resolves, etc.). — 1 7 6 (j-6 7 . [ Chaps . 197, 198.]
Sum of Three pounds & three pence be added to the said Town of
Barrington's proportion of the Province Tax the next year. \^Pas8ed
March 6.
Legislative
Records of the
Council, xxvi.,
457.
House Jour-
nal, p. 362.
Province
Laws, 11., 151,
chap. 10.
CHAPTEK 197.
RESOLVE IMPOWERING JOHN READ, ESQ", ADM", TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of John Read of Fairfield in the Colony of Connect-
icut Esq"" by his attorney William Read Esq"" as the said John is
Admin' of the Estate of their dec"^ Sister Ruth Hunn late of Fair-
field Widow deceased Setting forth, That the deceaseds debts sur-
mount the personal Estates and Credits the Sum of Three hundred
and fifty pounds 18/51/4 which cannot be paid without the Sale of
Real Estate. That the said Ruth died seized in fee Simple of about
nine hundred Acres of Land in the District of Ware, leaving no
issue, or other Heirs except Brothers and Sisters, who they the said
John & William verily believe are all content it should be sold, it
being generally unimproved & yielding no profit. And praying that
he the said Admin"" may be impowered to sell the said Lands in
Ware, or so much of them as shall be sufficient to pay the debts
afores''
Tlie facts set forth in said Petition appearing to be true. There-
fore
Resolved that the said John Read Admin' of the Estate of Ruth
Hunn mentioned in this Petition be, and hereby is impowered to
make Sale of so much of the Lands in said District of Ware which
belonged to the said Ruth as will raise the Sum of Four hundred
pounds lawful money to pay and discharge the just debts of the
said deceased; as well the debts that are due in this Province, as
those tliat are due in the Colony of Connecticut, and all necessary
charges arising on said Sale. And he is hereby authorized in his own
name to make, Seal, and execute good & sufficient deed or deeds in
the Law to pass the Estate in s"* Lands to the purchaser or pur-
chasers thereof; he observing the Rules and directions of the Laws
of this Province for the Sale of Real Estates by Exec" & Admin"
and giving proper caution to the Judge of Probate for the County
of Hampshire that the monies arising by such Sale be applied to
the purposes mentioned, and the remainder, if any be, to be duly
distributed to & among the legal Representatives of the deceased
according to the directions of the Laws of this Province. \^Passed
March 6.
CHAPTEK 198.
RESOLVE IMPOWERING THO* CUMMINGS, ADM«, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative A PETITION of Thomas Cummiugs Admin' of the Estate of Thomas
Council^, xxvi., Cummiiigs late of Topsfield dec'* Intestate, and of Joseph Cummings
^— & Ann Cummings Guardians to Rhoda, Abraham, Josiah, Stephen,
naTm)'23o'^364 D^^iiel aiid Asa Cummings Minors, Children of the said deceased Set-
3(56.' Province' ting fortli That the Said deceaseds debts surmoiuit liis pei'soiial Estate
chap!'io.'' ^^* the Sum of £61.13. TMj ; that a considerable part of the deceaseds Real
[3d Sess.] Province Laws {Resolves, etc.). — 17()(i-(;7. 205
Estate is poor Liind, and will not admit of a Division among tlie Heirs
who are eleven in number, and those of them who are of age are desir-
ous of selling. And praying that the said Administrator singly or the
Petitioners jointly may be impowered to make Sale of the said de-
ceaseds whole Keal Estate in Topsfield aforesaid containing about
fifty four Acres; the Minors shares after payment of the debts afores*^
to be improved at interest for their benefit.
The facts set forth in this Petition appearing to be true; therefore
Rexolved that the prayer of this Petition be granted, and the Peti-
tioner is hereby impowered in his said capacity to make Sale of the
whole of the Keal Estate of the said deceased as mentioned in this
Petition for the most the same will fetcli, provided the legal Heirs
to said Estate that are of lawful age join with the said Petitioner
in the said Sale, and to make and execute a good deed or deeds in
the Law to the purchaser or purchasers ; he observing the Eules and
directions in the Law relating to the Sale of Real Estates by Exec-
utors t& admin", and the monies arising by said Sale to be applied
to the purposes mentioned in this Petition: and that the petitioner
give sufficient caution to the Judge of Probate for the County of
Essex for the application thereof accordingly. [Passed March 7.
CHAPTEK 199.
RESOLVE IMPOWERING THE pf PARISH IN THE TOWN OF HAVERHILL
TO CHOOSE A COLLECTOR OF TAXES.
A Petition of the first Parish in Haverhill, praying that they Legislative
maybe impowered to appoint a suitable Person to collect the Taxes councff xxvi^
for the Year 1765, the Collector chosen for that purpose being infirm 459. House ''
and unable to perform his Duty. ourna . p. 346.
[Read and] K'^r'
Resolved that the prayer of the Petition be granted, and that
the Inhabitants of the first parish of Haverhill be, & hereby are
fully autliorized at a Parish Meeting called for that purpose to choose
a suitable person to collect the outstanding Taxes that are borne on
the Tax Bills committed to Joshua Sawyer to collect A.D. 1765 who
is represented infirm and unable to compleat said Collection. And
the person so chosen shall be vested with all the powers and Authority
to collect the same that the Collectors of Taxes by Law are vested
withal: and is hereby directed and required to pay in his Collections
to the Treasurer to whom the same are payable, and finish his Col-
lections and settle his accounts with said Treasurer by the last day
of August next : And the said Treasurer is hereby directed not to
issue his Execution in the meantime. [Passed March 7.
CHAPTER 200.
RESOLVE SETTING OFF CERTAIN PERSONS WITH THEIR ESTATES FROM
THE EASTERLY TO THE FIRST PRECINCT IN MENDON.
A Petition of Nathan Tyler and John Tyler both of Mendon Legislative
and of Nathan Tyler of Upton setting forth That they are pos- couS xxv^^,
sessed of a Tract of Land with Buildings & improvements thereon 463.
206
Province Laws (i?eso?ves,e/c.). — 1766-G7. [Chaps. 201, 202.]
House Jour-
nal, pp. 354, 367.
Province
Laws, xili.,68,
chap. 127.
lying in said Meudon, which when the Easterly Precinct was set off,
were annexed thereto, and there did duty 'till the year 1758, at which
time upon application to said precinct, they discharged them from
said duties and they have ever since been assessed towards all pre-
cinct Charges in the first precinct in said Town. And praying that
they may be set off to the said first Precinct.
Read and
Resolved that Nathan Tyler & John Tyler both of Mendon with
their Lands and Estates lying within the Easterly precinct of said
Mendon, together with the Estate of Nathan Tyler of Upton lying
in the said Precinct be, and hereby are set off from the said East-
erly precinct in Mendon to the first precinct in said Mendon, there
to do duty and receive privileges in the same manner they would
have done had they not been included or set off to said Easterly
Precinct. [Passed March 7.
CHAPTER 201.
-RESOLVE IMPOWERING ABRAHAM SAWYER, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
465.
House 3o\vc-
nal, pi).,3(i(;,.320,
366. Province
Laws, ii., 151,
chap. lu.
A Petition of Abraham Sawyer Guardian to Anna Sarah and
Abigail SaAvyer Minors Children of his Brother John Sawyer late
of Newbury deceased setting forth That the said deceased left
no other Estate to his said Children but about two Acres of Land
with one half of a very old House, and a very small old Barn both
in a ruinous condition, and lying in a remote part of the Town of
Newbury, which can be of little advantage to the said Minors. And
praying that he may be impowered to sell the same, and improve
the money it shall produce at interest for their use and benefit.
The facts set fortli in this Petition appearing to be true; therefore
Resolved That the prayer of this Petition be granted and that the
Petitioner in his said capacity be, & he hereby is impowered to make
Sale of the premises mentioned in this Petition for tlie most the
same will fetch, and to make and execute a good deed in Law to
the purchaser, he observing the Rules and directions in the Law for
the Sale of Real Estates by Exec" and Admin", and the monies
arising by such Sale to be put to interest for the benefit of the law-
ful Heirs. And that the Petitioner give sufficient caution to the
Judge of Probate for the County of Essex for the application thereof
accordingly. '[Passed March 9.
CHAPTER 202.
RESOLVE IMPOWERING DAV" STOCKBRIDGE, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council, xxvi.,
465.
House Jour-
nal, pp. 245, 319,
329,346,366.
A Petition of David Stockbridge of Hanover Guardian to Luther
Stetson a Minor Son of Job Stetson late of Scituate deceased Set-
ting forth That the said Luther owns one quarter part of about
forty Acres of Laud lying in Scituate, with one quarter part of a
dwelling House standing on the same ; that it cannot well be divided;
[3d Sess.] Province Laws (Resolves, etc.). — 1760-67. 207
that tlio Fences are in a ruinous condition, and tlie Jfouse will soon Province
want Repairs. Therefore i)raying that he may be impowered to sell ciiap!'io.'' ° '
the said Minors share in tlie said Estate, and improve the money it
shall fetch at interest for his benefit.
The facts set forth in said Petition appearing to be true: Therefore
Resolved that David Stockbridge Guardian to Luther Stetson a
Minor, be, and hereby is impowered to make Sale of the said prem-
ises mentioned in this petition for the most the same will fetch ; and
to make and execute a good deed or deeds of the same to the pur-
chaser, he observing the rules and directions in the Law for the
Sale of Real Estates by Executors and Admin'^ and the monies
arising by said Sale to be put on interest for the benefit of the said
Luther: And that he give sufficient caution to the Judge of Probate
for the County of Plimouth for the application thereof accordingly.
\^Passed March 9.
CHAPTER 203.
RESOLVE IMPOWERING THE SUPERIOR COURT OF JUDICATURE, ETC.,
TO RECOMMIT THE REPORT OF THE REFEREES IN REGARD TO A
CERTAIN ACTION.
A Petition of Sylvester Gardiner Esq'' Setting forth That he Legislative
had a dispute with Humphrey Purrington & Others about the Title counc*if, xlv^^,
of a Tract of Land in George Town in the County of Lincoln for- 3-3. 466.'
merly the Estate of Job Lewis Esq'' which was submitted tO a Rule Legislative
of Court in June Term 1765 to the final determination of certain councif, xxvk,
Referrees who gave in their award & the same was received by the j^^^j^l'i ^°"^®
Court; but that it appears by the Plan taken by order of Court, and pp. i88,i9o,i9i.
Letters of the several referrees since, that there was a mistake made ^''' ' ' ' '
in bounding the said Tract of Land: And praying that the said
Referrees may be impowered to sit again ; and make such alteration
in their award as shall conform to their own determination, and put
a final end to the Controversy.
Read and
Resolved that the Superior Court of Judicature, Court of Assize
and General Goal delivery be, and hereby are authorized and impow-
ered at their next sitting at Falmouth within and for the Counties
of Cumberland and Lincoln on the fourth Tuesday of June next
to recommit the Report made by the Hon'''® Benjamin Lincoln,
Jeremiah Powell and Francis Waldo Esq" Referrees appointed in
an Action of Trover between the said Gardner & Hinkley & others,
as also for settling the Bounds of a Farm formerly Job Lewis's at
the last Superior Court &c held at said Falmouth in June last, which
Report was then and there accepted by said Court, so tliat the said
Referrees may correct a mistake made by them in describing the
Easterly bounds of the said Farm by which a Tract of Meadow or
Swamp Land was intended by said Referrees to have been included;
but as described in said Report may admit of a doubt: And the said
Court are hereby authorized and impowered to accept said Report
after its being amended as aforesaid in the same manner they would
have done had the former Report never been accepted by said Court,
and to enter up Judgment thereupon accordingly. \^Passed March 0.
208
Province Laws {Resolves, etc.). — 1766-67. [Chaps. 204, 205.]
CHAPTER 204.
ORDER APPOINTING A COMMITTEE IN REGARD TO BOUNDARY LINE
BETWEEN THIS PROVINCE AND NEW HAMPSHIRE.
Legislative
Records of the
Council, xxvi.,
454. Mass.
Archives, vi.,
352.
Legislative
Hecords of the
Council, xxvi.,
276,341. House
Journal, pp.82,
83, 347, 358, 361,
362. Province
Laws, xli., 706,
chap. 92; xiil.,
272, chap. 82;
2><'J, chap. 125;
.548, chap. 224;
ft50, chap. 169.
Ante, p. 43,
chap. 82;
p. 106, chap.
222; p. 140,
chap. 55.
The Committee to whom was referred the Eeport of Col" Bagley
and Others relative to the Boundary Line between this Province
and that of New Hamj^shire together with the evidences accompany-
ing the same; are humbly of opinion that the evidences aforesaid
relative to the said Line be forthwith Recorded in the Province
Records, as well as properly filed in the Secretary's Office, together
with the plan and that Copies of the whole proceeding with the
evidences aforesaid be by the Secretary transmitted to some suitable
person appointed by this Court, by him to be laid before the proper
Boards in Great Britain, and tiiere to prosecute the affair till a final
determination be obtained. In the mean time that a Committee be
appointed by this Court to treat with the proprietors of Masons
Grant so called, as their Claim extends upwards of twenty Miles
upon the said Line, and make Report to the General Court at their
Session in May next. All Avliich is humbly submitted.
Signed Ben-j"^ Lixcolx ,p Order
In the House of Representatives Read & accepted and
Ordered that the papers mentioned in the Report be transmitted
by the Secretary to some person in Loudon to be cliosen by joint
Ballot of the two Houses for the purposes mentioned. And that
Cap' Gowen, and Cap' Henry Young Brown with such as the Hon^'*
Board shall join be a Committee to treat with the proprietors of
Mason's Grant so called accordingly. Said Committee to report to
the General Court at their Session in May next.
In Council. Read and Concurred and John Bradbury Esq' is joined
in y*^ affair.
In the House of Representatives Read and
Ordered that Col" Bagley be of the Committee in room of Cap'
Henry Young Brown, and that the Committee be instructed to col-
lect all the proceedings relative to the settling and running the said
Line in 1741 & other necessary Evidence to be transmitted to the
person to be chosen.
In Council Read and Concurred. {Passed March 10.^
CHAPTER 205.
RESOLVE DEDUCTING £3. 14. 6 FROM PROVINCE TAX OF GREAT BAR-
RINGTON AND ADDING IT TO TOWN OF SHEFFIELD.
Legislative
Records of the
Council, xxvi.,
469.
Legislative
Records of the
Council, xxvi.,
198. House
Journal,
pp. 325, 326, 357.
A Petition of Israel Dewey & others Selectmen of Great Barring-
ton Setting forth That the Towns of Sheffield, Great Barrington
and Egremont are joined by Law in the choice of Representatives
& were to be assessed in proportion towards their pay ; but that they
apprehend there has been some mistake in proportioning the same
this year, and that Great Barrington has been over rated. And pray-
ing relief.
' This date is according to Mass. Archives ; according to Legislative Records of the
Council and the House Journal the date is March 6.
[3d Sess.] Province Laws {Resolves, etc.). — 176(5-67. 209
Read tuul it uppeai-ing that tlie facts set forth in this Petition Province
are true, and that there was a mistake in apj)ortioning the Repre- chap^eri-
sentatives i)ay in the Towns of 81ieflield and Great Barrington, the "^'*-
Town of Sliettield's Just proportion heing £17.0.0 and the Town of
Great Barringtons but £!>.15.G so that it appears that Great Barring-
ton paid £3.11.6 more than its just proportion. Therefore
Resolved that said Sum of Tiiree pouiuls, fourteen shillings and
six pence be deducted out of the Town of Great Barrington's Prov-
ince Tax in the next Tax Bill, and added to tlie Town of Sheffield.
{Passed March 10.
CHAPTEK 206.
ORDER ALLOWING £11. 10 TO THE COMMITTEE IN REGARD TO A BRIDGE
AT WESTFIELD.
The Committee [appointed on the petition of the town of West- ^?'^'^"^f .u
field in regard to a bridge] presented an Account of their time and council, xxvi.,
expence in going to Westfield to view: Upon which the following ^J^
Order passed viz' _ K^rd"o? the
Ordered that there be allowed and paid out of the public Treas- council, xxvi.,
ury to the several persons named in the within Account the several House Jour'
Sums set against their respective names amounting in the whole to 3i^|'327'33o**343
the Sum of Eleven pounds ten shillings; and that the same be ap- 873! Province'
portioned on the several ToAvns and Districts in the County of Hamp- ^'notesy' ^*"'~
shire in the next Province Tax. [^Passed March 10.
CHAPTER 207.
ORDER DIRECTING THE PROVINCE TREASURER TO PREPARE A LIST
OF DEBTS DUE THE PROVINCE AND PUBLISH THE SAME.
Ordered that the Province Treasurer be, and hereby is directed R®^'^|f*^'^f .u
to prepare a List of debts due from the several Towns and Districts Council, xxvi.,
within this Province in the late Treasurer Foye's day, and publish til^
the same in all the Boston News papers that so the several Towns ^aTrf stT^'
and Districts and the Sheriffs to whom Executions have been com- Province
mitted may be notified that they may shew cause on the second chap^m'' '
Wednesday of the next May Session of the General Court why the
same has not been paid into the Treasury. \^Passed March 11.
CHAPTER 208.
ORDER DIRECTING THE PROVINCE TREASURER TO NOTIFY PERSONS
INDEBTED TO THE PROVINCE TO SETTLE ON OR BEFORE JUNE 10,
1867.
Ordered that the Province Treasurer be, and hereby is directed Legislative
publickly to notify all such persons as are indebted to this Prov- councif, xxvif,
ince upon Bond payable in or before the year 1764 that unless they ^I^
discharge the same on or before the lO*'' of June next, their Bonds House Jour-
' nal, p. a(4.
210
Province Laws (i?eso??;es, e^c). — 176(5-67. [Chaps. 20H, 210.]
Ante,v.9i
ctiap. 204.
will be put in Suit. And that the said Treasurer also notify Timothy
Euggles, and Oliver Partridge Esq" to pay the several balances
which appeared to be due from them on their return from the late
Congress at New York, on or before the said 10"' of June next.
[Passed March 11.
CHAPTER 209.
RESOLVE CONFIRMING 1,501 ACRES, 70 PERCH OF LAND TO THE HEIRS
OF REV THOMAS COBBET.
Legislative
Records of the
Council, xxvi.,
473. Maes.
Archives, xiv.,
478.
Legislative
Records of the
Council, xxvi.,
248,249. House
Journal, pp. 65,
71,72,346,347,
368, 376, 377.
Ante, p. 45,
chap. 87.
Whereas on the 24'" of June 1765 the General Court made a
Grant to the Heirs and Assigns of the Rev*^ M' Thomas Cobbet
(called by mistake in said Grant Corbet) of fifteen hundred acres
of Land to be laid out and a plan thereof returned, as in said Grant
mentioned. And Whereas in the Month of June last two Plans were
returned, and the Land described therein confirmed to the said Heirs
and their assigns excepting that his Excellency by reason of some
informality did not Sign the Resolve of Confirmation.
Resolved That the two Plans aforesaid hereto annexed viz' One
of them taken by Samuel Taylor Surveyor & Jonathan White and
Josiah Ballard Chainmen and dated Charlemont August 15^'' 1705
and describing a Tract of Land containing One thousand and one
acres and seventy perches; the other taken by Moses Hawks Sur-
veyor & Jonathan White & Asaph White Chainmen & dated Charle-
mont March 2"^ 1766 and describing a Tract of five hundred acres:
both which Tracts adjoin to each other and contain together fifteen
hundred & one Acres & seventy perches and bounded as follows Viz'
Begining at an angle in Othniel Taylor's Country Grant, and thence
runing on said Grant South forty five degrees West two hundred
and eighty four perch to a Maple Tree ; tlience West nineteen degrees
North two hundred and twelve perch thence South thirty three &
an half degrees West two hundred and seventy three perch; thence
East on Ashfield former Line four hundred perch and on the same
Line Six hundred and twenty five perch ; thence Xorth fourteen
degrees East One hundred & eighty four perch on Deerfield Line;
thence West nineteen degrees North five hundred and forty five
perch on Jesse Wyman's Land to the first mentioned Line contain-
ing the Fifteen hundred and one Acres & seventy perch aforesaid ;
be and hereby are accepted, and the said described Land is hereby
confirmed unto the Heirs and assigns of the Rev*^ M"" Thomas Cobbet
and to their Heirs and assigns forever; provided the quantity does
not exceed fifteen hundred and one Acres & seventy perch, and does
not interfere with any former Grant. [Passed March 12.
CHAPTER 210.
ORDER ALLOWING ABIG'- SKINNER THE WAGES DUE HER HUSBAND.
Legislative
Records of the
Council, xxvi.,
475. Mass.
Archives,
Ixxx., 626.
A Petition of Abigail Skinner of Lynn Widow setting forth That
her late husband Joseph Skinner of Lynn inlisted in his Majesty's
Service and the pay of this Province in 1758 under Cap' Jeremiah
Richards, and died soon after his Return home before the pay Roll
[3d Sess.] Province Laws (/?e'.s-o?ye.s', e^c). — 176(J-(!7. 211
was made up, nor did he ever, or any person for him receive any House Jour-
pay for his said Service. And praying an allowance. nai, p. 308.
Read &
Orderd that tiie Prayer be granted & that the Wages due to Joseph
Skinner of Lyn dec*^ on the Roll referrd to in the Petition be allowd
& paid out of the publick Treasury into the Hands of M' Ebeneser
Burrill of Lyn for the use of the Petitioner. [Passed March 12.
CHAPTER 211.
VOTE APPOINTING DENNYS DE BERDT TO RECEIVE THE PAPERS IN Legislative
REGARD TO THE LINE BETWEEN THIS PROVINCE AND NEW HAMP- Hwords of the
ctjTOT? Council, XXVI.,
Archives, v.,
The two Houses according to Agreement proceeded to the choice "-^-^^ — -_
of a person to lay before the proper Boards in Great Britain the Evi- Recordsof^he
dence concerning the running the New Hampshire Line in 17-41 and 34°"35^5^'' ^l^^s'
to prosecute the affair till a final determination be obtained. And the Joui-nai, p.ss;^.
votes being collected and sorted, it appeared that Dennys De Berdt Ea\v8°xu.,559,
Esq"" was chosen by a great Majority. [Passed Mai'cli 12. ^'^,f/''fi'os
chap', -m. '
CHAPTER 212.
RESOLVE GRANTING 500 ACRES OF EQUIVALENT LAND TO S. WATTS,
ESQK AND OTHERS.
The FOLLOWING Order passed in consequence of a Petition of Legislative
Samuel Watts Esq'' and others who in June 1752 purchased a Tract councif.xxvi.^,
of Land of the Government, since known by the name of Royalshire HZ:
[praying an Equivalent to make good their purchase] viz' R^^*^d*^^f ti
Resolved that there be granted to Samuel Watts Esq'' & others, Council, xxv.,
the Original Proprietors of Royalston, five hundred acres of the HouseVouV""'
unappropriated Lands of this Province in lieu of four hundred nai. p-378.
-I X 1 ^ , , Province
Acres claimed by Samuel Hunt and others, as in their Petition Laws, xiv., 644,
mentioned. Provided they return a plan taken by a Surveyor & ^^^^p-*"-
Chainman under Oath within twelve Months into the Secretary's
Office for Confirmation, [Passed March 12.
CHAPTER 213. ^^s^«'f^^,
Kecords or the
Council, xxvi.,
VOTE CHOOSING COMISSARIES TO SETTLE THE LINE BETWEEN THIS Archives iv
PROVINCE AND NEW YORK. 211.
Legislative
The TWO Houses according to agreement proceeded to the choice counctf xxv'r
of three Persons by joint ballot to act in conjunction with Such 468 Ms, Its.
Persons as may be appointed by the Government of New York in nai^p! 's^^
settling the Boundary Line between the two Provinces. And the £aw8Tv. 993
Votes being collected and sorted it appeared that the hoii''^ Tho^ chap. 23; xv.,'
Hutchinson and William Brattle Esq''" and Cap'^ Edward Sheaffe ^'^^ '^P""
were chosen by a majority of Votes. [Passed March 13.
212
Province Laws (i?esoZyes, eic). — 17G<)-G7. [Chaps. 214-21(5.]
CHAPTEE 214.
ORDER ALLOWING £7.6 TO SETH WILLIAMS.
Erds^of the ^ Petition of Seth Williams of Taunton setting forth That
Council, xxvi., he was employed as under Sheriff for the County of Bristol in the
^— year 1757 to summon Witnesses living in divers ToAvns, some of
nai!^pp!^2(^y8P)9, them in the remotest part of the County to attend the General
.383. Province Court Oil a hearing before them relative to Col° Thomas Gilbert
chap. 302. ' ' for which Service he hath received no recompence And praying an
allowance agreable to his account exhibited.
It appearing that the facts set forth in this Petition are true.
Ordered that the prayer of the Petition be so far granted as that
the Sum of Seven pounds and six pence be paid out of the public
Treasury to Seth Williams the petitioner in full for his Account
herewith exhibited, and as set forth in this Petition. [Passed
March 13.
Legislative
Records of the
Council, xxvi.,
480. Mass.
Archives,
xxxiii., 405.
House Jour-
nal, pp. 348, 384.
Province
Laws, xvii.,
360, chap. 305.
CHAPTER 215.
RESOLVE ALLOWING TO NATH'- HOUGHTON EXPENSES FOR SUPPORT
OF INDIANS.
The FOLLOWING Order passed on the Petition of Nathaniel
Houghton of Milton [praying that he may be allowed for his Ex-
pences in supporting one Betty Pumpum^ an Indian, and her Child,]
viz'
Resolved That M"' Joseph Billings Guardian to the Punkpaug
Indians pay unto Nathaniel Houghton the Sum of Six Pounds Four
Shillings, in full Discharge of his Account for keeping And nursing
Betty Pumphum in her last Sickness and Funeral and also for keep-
ing her Child Thomas to the first Day of March Instant, and also
a further Sum of Four Pounds Sixteen Shillings and Nine Pence
to Discharge Docf Holdens Bill against Said Houghton respecting
the Said Betty. Out of the Monies belonging to the Punkapaug
Indians. And that the Said Joseph Billings make further Provision
for the Support of the Said Child in the cheapest manner he can.
[Passed March 13.
CHAPTER 216.
ORDER DISCHARGING THE COMMITTEE IMPOWERED TO SELL LANDS IN
PLYMOUTH COUNTY.
Legislative
Records of the
Council, xxvi.,
481. Mass.
Archives,
xlvl., 530.
Mass.
Archives,
xlvl., 529.
House Jour-
nal, pp. 271,272,
273,384. Ante,
p. 95, chap.
198.
The Committee impowered to make Sale of the Province Lands
lying in the County of Plymouth, and also to sue for the possession
of such as are in the hands of persons that shall refuse to deliver
the same to the Province, have attended that service and beg leave
to report as follows viz' That they repaired to the Town of Roches-
ter and Sold the following Lands belonging to the Province to the
highest bidder at public Vendue and gave deeds accordingly : One
hundred and twelve Acres of Land formerly William Griffin's to
John Purges for the Sum of £32 of which Sum he paid the Com-
[3d Skss.] Province Laws {Jiesolves, etc.). — 17()G-67. 213
mittee £3.8 and gave his Bond with Sureties for the Sum of £29.12/
payable to the Province Treasurer the S*" day of April next witli
lawful Interest for the same. One hundred and ten Acres formerly
part of Samuel Sprague's deceased homestead to Nath' Sprague for
the Sum of £07 of which he paid £8 and gave Bond with Sureties
for the Sum of £59 payable to the Province Treasurer the 3'' of April
next with lawful Interest for the same. One hundred and fifty Acres
formerly Lemuel Little's deceased to Joseph Haskell for £45 for
which he gave his Bond with Sureties payable to the Province Treas-
urer the S*^ day of April next. One hundred & one Acres formerly
John Blackmore's deceased to Edward Morse for £15 of which he
paid 15 shillings and gave his Bond with sureties for £14.5 payable
to the Province Treasurer the 3^ day of April next with lawful Inter-
est for the same. Ten Acres of Land part of John White's deceased
homestead to David Nye for £16.10/ of which he paid 18 shillings
and gave his Bond with Sureties for £15.12/ payable to the Prov-
ince Treasurer the 3'' day of April next with interest for the same.
Forty eight Acres to Ebenezer Briggs for £8.8/ of which he paid
8 shillings and gave his Bond with sureties for £8 payable to the
Province Treasurer the 3*^ day of April next with lawful interest, for
the same. Nineteen Acres of Land in Middleboro' to John Paris for
£22 of which he paid 24 shillings and gave his Bond for £20.16/
payable to the Province Treasurer the 3*^ day of April next with
interest for the same: Which several Bonds & Money, the Committee
have delivered to the Province Treasurer. And the Committee beg
leave further to Report that the sixty Acre Lots in the Majors pur-
chase so called in Pembroke Mortgaged to the Province by Isaac
Barker deceased, of which possession has been taken for the Prov-
ince and great part of the money paid, and there remains due £25.6.9
with the interest thereof from the year 1739 which his Heirs neglect
to pay tho' often demanded: the Committee apprehend there is a
necessity for suing for the same. That there is 20 Acres of very good
Wood & Timber Land in Rochester, which Joseph Prince Mortgaged
to the Province in the year 1718 for £25 no part paid: One Joseph
Pitcher & Samuel Hoskins got into possession of it, refuse to deliver
it up, the Records of the Bounds being defaced on their proprietors
Book yet the Committee apprehend they ought to bring an Eject-
ment against them for it, and not give up the Province Right to it
without any Consideration. That there is 45 Acres of Land lying in
Pembroke mortgaged to the Province by Nath^ Nichols for £85 and
possession thereof given up to the Province in the year 1729 since
which great part of the money has been paid, and the Committee
have encouragement of receiving the whole. That Timothy Stetson
of Pembroke in the year 1719 for £35 mortgaged two Lots in the
16 shilling purchase in Middleborough being the 9"' Lot containing
28 Acres & the 23*^ Lot containing 30 Acres, and also the 56^'' lot
in the South purchase containing 45 Acres which your Committee
have not had time to settle.
Thus far your Committee have proceeded touching the Province
Lands in the County of Plimouth whereby your Excellency & Honors
will see what Articles they have finished, which they pray for your
acceptance of: and as to what is unfinished your Committee propose
to proceed on and compleat with submission as soon as may be. All
which is humbly submitted by order of the Committee
Gam'- Bradford.
214
Province JjAws (Besolves, etc.) . — 176(3-67. [Chaps. 217, 218.]
Read and Accepted. And
Ordered That the Committee be discharged of the money and of
those Bonds which they have delivered to the Province Treasurer,
and that they be directed to sit again and pursue to effect the pur-
poses of their Appointment And the Committee are instructed to
agree with the said John Pitcher & Samuel Hoskins upon the most
equitable terms. [Passed March 13.
CHAPTER 217.
RESOLVE IMPOWERING SARAH WALKER, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Couni'il, xxvl.,
4!S7.
House .Jour-
nal, pp. 3'2.i, :i24,
345, 388, 38'.».
Province
Laws, ii.,151,
chap. 10; xiii.,
57, chap. 106.
A Petition of Sarah Walker Admin^ of the Estate of Isaac
Walker late of Boston Merchant deceased Setting forth, That the
said Isaac being at the time of his death in partnership with Joseph
Green Esq' since deceased, together owed a large Sum in England
which has been since lessened ; but that by reason of many outstand-
ing debts, the precarious situation of some of them, and the danger
of a total loss of otliers if too suddenly pressed: the Heirs judge it
most advisable to sell some outlands in order to discharge the debt
aforesaid.
And praying that she may be impowered to make Sale of 2,000
Acres of Land lying in the Northwest corner of this Province, being
part of a Tract of 8,000 Acres granted in the year 1T41 to the said
Green & Walker, and thereby prevent the growing interest on the
said debt.
The facts set forth in this Petition appearing to be true: therefore
Resolved That the prayer of this Petition be granted, and that
the Petitioner be, and she hereby is impowered in her said capacity
to make Sale of the two thousand Acres of Land mentioned in this
Petition for the most it will sell for, and to make and execute a good
deed or deeds in Law to the purchaser or purchasers; she observing
the rules and directions of the Law respecting the Sale of Real
Estates by Executors & Admin"; she first giving sufficient caution
to the Judge of Probate for the County of Suffolk that the monies
arising by such sale be applied to the discharging of the debt men-
tioned in this Petition, and the overplus, if any there be, to be put
to interest for the benefit of the lawful Heirs. [Passed March 16.
CHAPTER 218
RESOLVE IMPOWERING JAMES PRESCOT TO SELL REAL ESTATE AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
liegislative
Records of the
Council, xxvi.,
488.
House Jour-
nal, pp. 280, 389.
Province
li.aws, ii., 151,
chap. 10.
A Petition of Sarah Shead of Groton Widow setting forth That
the Estate of her late husband Jonathan Shead of Pepperrell was
insufficient to pay his just debts; that there was set off to her as
her dower a poor small dwelling House and three Acres of Land
which is no ways sufficient for her support, she being TO years of
age, and infirm. And praying leave to sell the said Estate for her
better support.
The facts set forth in the Petition being true. Therefore
[3d Se88.] Province Laws {Besolves^ etc.). — 17f)6-()7. 215
Resolved that the prayer thereof be so far granted as that James
Prescot Esq"" be, and hereby is inipowered to make Sale of the prem-
ises therein mentioned for the most they will fetch, and make a good
deed or deeds thereof in the Law he observing the Rules and direc-
tions of the Law for the Sale of Real Estates by Executors & Admin",
and giving sutRcient caution to the Judge of Probate for the County
of Middlesex that the proceeds arising by the Sale thereof shall be
secured for the use and benefit of tlie legal Creditors of the deceased,
and that only the interest of the money arising by the Sale be applied
for the use and towards the support of the Petitioner. \^Passed
March 16.
CHAPTER 219.
RESOLVE ALLOWING £12. 6. 6 TO Y" COM'^'='= THAT ENQUIRED INTO ^ Legislative
RIOTS. Records ol the
(Jouncil, xxvi.,
489. Mass.
The Committee appointed to sit in the recess of the Court to ^x?xiIfL,'2i2V2.
inquire into the disorders committed in the month of August 1765 '-
presented their account of time and travel in attending on that Archives,
business. Whereupon the following Order passed viz' Leg^siativl^^^^'
Resolvd that there be allowd & paid out of the publick Treasury Records oi the
. ., , .,, . /• 1 ,1 i-'n . "^ Council, XXVI.,
to the several persons withm mentiond the several Sums set against 253, '292. House
their Names amounting in the whole to the Sum of twelve pounds pp^^is-t-'ise, .382,
Six shillings & Six pence in full discharge of the within Account, f^- Province
\^Passed March 17. note. ' '' '
CHAPTER 220.
RESOLVE ALLOWING £15. 6. 5 TO THOMAS CRAFTS.
The FOLLOWING Order passed on the Account of Thomas Crafts Legislative
exhibited to the Court for the charge of opening a Gallery to the c^uncif xxvi^
House of Rejiresentatives viz' 491.
Resolved that the Sum of Fifteen pounds, six shillings, and five House Jour-
pence, be paid out of the Province Treasury to Thomas Craft's in >ia''PP-'*06,407.
full of the within Account. \^Passed March 17.
CHAPTER 221.
RESOLVE CONFIRMING THE PROCEEDINGS AT PRECINCT MEETING IN
STOUGHTON.
A Petition of David Capen & others, a Committee of the second i^^^^lf^^f ^
Precinct in Stoughton Setting forth That on the 12"" of February Councif, xxvl,
1766 they issued a Warrant for a Precinct meeting to be held on —
the 10**" day of March then next following, and among other articles ?aTpp'«i4W
in the Warrant, was one, " to see whether the Precinct will finish the
meeting house, or any part of it, and act thereon." Upon which it
was Voted to finish the whole of the inside of the Meeting house And
then voted to raise by way of rate the Sum of forty pounds towards
finishing said House. That it has been since doubted whether the
216
Province Laws {Resolves, etc.). — ITGG-BT. [Chap. 222.]
article, as it was expressed was sufficient to found such a Grant
upon, and sundry persons refuse to pay their proportions of the same.
And praying that the said Grant may be confirmed by this Court.
[Read and]
Resolved that inasmuch as no opposition was made to the Grant
of Forty pounds within mentioned at the time when it was voted,
and the Assessment was made & committed to the Collector, the
said Grant be deemed as good & valid to all intents and purposes,
as if the article for raising money for the purpose within mentioned
had been clearly expressed in said Warrant. \^Passed March 18.
CHAPTER 222.
ORDER IN REGARD TO INSTRUCTIONS TO Y^ COMISSARIES ON THE
NEW YORK LINE.
Legislative
Records of the
Council, xxvi.,
496. Mass.
Archives, iv.,
204.
Mass.
Archives, iv.,
209-11. Legis-
lative Records
of the Council,
xxvi., 490, 493.
House Jour-
nal, pp. 415, 416.
Province
Laws, XV., 146,
chap. 343.
^»fie, p.200,
chap. 1S7; 211,
chap. 213.
Instructions to the Gentlemen appointed Commissaries on the
part of this Government for the settlement of the line with New York
The General Court, when Commissioners were appointed by this
Government and New York in 175-4 for Setling the boundary line
between the two Provinces, having impowered their Comissioners
to agree to a line twelve miles to the Eastward of Hudson's River
for Said Boundary Line, you are hereby instructed to use your
endeavours that Said line be established as the boundary line
between this Province and New Y'ork : the Same to begin on the
Side next to Connecticut at twelve miles distance from said river,
and to run on a strait course to a point twelve miles distant from
Said river, on the side next to the Province of New Hampsliire.
If you should not be able to effect this, the General Court being
earnest for a settlement of the line, and [to] ' remove all occasions
of further disturbance and Bloodshed among the Borderers, you
are to endeavour that the line declared by the right honorable the
Lords commissioners for Trade and Plantations to be a Just and
equitable line of division between the Provinces of Massachusetts
Bay and New Y^ork and reported by their Lordships to his late
Majesty in Council, be established as the Boundary line between
the two Provinces: said line being thus described in their Lordships
report, viz : " a strait line to be drawn northerly from a point on the
South boundary line of the Massachusetts Bay, twenty miles dis-
tant due East from Hudson's river to another point twenty miles
distant due East from the said river, on that line which divides the
Provinces of New Hampshire and Massachusetts Bay," as will appear
by extracts from the Journal of their Lordships proceedings on the
29^*^ of March & 10"' of May 1757: copies of which, and of" the late
Agent M'' Bollan's Letter relative thereto, dated in London July
20. 1757, will be delivered to you by the Secretary.
If you should agree with the Commissaries on the part of New
York on a line of partition between the two Provinces, you are in
conjunction with them to prepare a proper state thereof, to be laid
before the respective Governments of said Provinces for their ac-
ceptance, in order that, after such acceptance, the same may be
humbly presented to his Majesty for Confirmation: or otherwise
without Such previous acceptance the same to be immediately sub-
Manuscript mutilated.
[3d Skss.] PiioviNdK Laws {liesolve.s, etc.). — 17(;()-G7. 217
mitted to his Majesty for his royal approbation and confirmation :
according as you and the conimissarics from New York shall agree.
Provided that tlie lino agreed on be not, and you are hereby in-
structed not to agree to any line whatever, less favorable to this
Province than the line reported by their Lordsliips as above-
described.
You are to endeavour to procure an authenticated copy of the
truest plan that has been taken of Hudson's river : especially of that
part of it which lies between the two places, from whence respec-
tively tlie respective extremities of the aforesaid reported line are
twenty miles distant.
\''ou'll observe in the letter from the Right honorable the Earl
of Shelburne to his Excellency Governor Bernard dated the ll*^'' of
dec'' 17(36 (Copy of w'^'' will be deliverd to you) that his Lordship
mentions the affair of Nobletown, & that " S'' Henry Moore (Gov""
of New York) is directed to take care, that none of the Inhabitants
lying to tlie westward of the Line reported by the Lords of Trade
as the Boundary between the two Provinces be molested, till this
matter be finally determined. And whatever Province the Setlers
may be found to belong to, it should make no difference in their
property: ' provided their title to their lands should be found to be
good in other respects ; or that they have been long in the regular
possession of them." As the people of Nobletown were encour-
aged to settle there by this Government, you are to endeavour, in \
case the settlement of the line should determine them to belong to
New York, to procure for them all the favor you can from that
Government; and that what his Lordship has mentioned as above
be agreed to. And if the New York Commissaries should refuse
complying with his Lordship's recommendation you are to report
the reasons urged by you for their comjjliance; and the reasons on
which they grounded their refusal.
The foregoing Instructions prepared by a Com**^* appointed for
that Purpose are Submitted to your Honors in the name of the
Com*-*^ James Bowdoin
Eead and Accepted. And
Ordered that the foregoing Instructions be given to the Commis-
saries chosen on the part of this Government for the settlement of
the Line with New Y^ork; and that his Excellency the Governor be
desired to commissionate the said Gentlemen for the purpose afore-
said. \^Passed March 19.
CHAPTER 223.
ORDER IMPOWERING CERTAIN REFEREES TO SIT IN SUFFOLK COUNTY.
A Petition of Sylvester Gardner Esq'' Praying that the Order Legislative
of this Court upon his Petition presented in November last impow- Records of the
ering the Justices of the Superior Court at their term in Falmouth 498. ''
to be held in June next to, recommit a Report made by certain Ref- House Jour-
errees in a Case between the Petitioner & Humphry Purrington may "n." ^'Ji'»f/e*' ^^*'
be so far altered as that the said Justices may be impowered to act p- ^ot, chap,
thereon in their present sitting in and for the County of Suffolk,
' Manuscript mutilated.
218
Province ljA.\f& {Resolves, etc.). — 17G()-H7. [Chaps. 224, 225.]
Legislative
Records of the
Council, xxvi.,
4D6, 499.
Legislative
Records of the
Council, xxvi.,
383. Rouse
.Tonrnal,
as the Eeferrees live at a great distance from each other, and are
all now present.
Read and
Ordered that tlie prayer of the Petition be granted, and that the
Justices of the Superior Court of Judicature &c now sitting in Bos-
ton in the County of Suffolk be, and hereby are authorized and im-
powered to recommit the Report made by the hon^'''^ Benjamin Lincoln,
Jeremiah Powell & Francis Waldo Esq" Referrees in an Action of
Trover between the Petitioner and Humphrey Purrington and others;
as also for settling the Bounds of a Farm formerly Job Lewis's at
the Superior Court held at Falmoutli on tlie fourth Tuesday of June
last for the Counties of Cumberland and Lincoln, whicli Report was
then and tliere accepted by said Court so that the Referrees may
correct a mistake made by them in describing the Easterly Bounds
of the said Farm, by which a Tract of Meadow or Swamp Land was
intended by said Referrees to have been included, but as described
in said Report may admit of doubt: And the said Superior Court
at their present Session in Boston are hereby authorized and im-
powered to accept said Report after its being amended as aforesaid
in the same manner as they would have done had the former Report
never been accepted by said Court, and to enter up Judgment thereon
accordingly. \^Passed March 20.
CHAPTER 224.
ORDER REFERRING WITH STAY OF PROCEEDINGS THE PETITION OF
SAM'- WHITE IN REGARD TO A RE-HEARING OF AN ACTION.
A Petition of Samuel White bf Dedham praying that his default
in an Action brought against him by David Fislier might be taken
off.
[Read and]
Ordered that the same be referred to the next May Session accord-
ingly, and that all proceedings thereon be stayed in the mean time.
pp.-.>6s.4i4,4i5, ^Passed March 20.
CHAPTER 225.
RESOLVE DIRECTING THE PROVINCE TREASURER TO DRAW A BILL
OF EXCHANGE ON JASPER MAUDUIT, ESQ*.
Legislative
Records of the
Council, xxvi.,
.)(I0. Mass.
Archives, civ.,
44-2.
House Jour-
nal, pp. 41-2, 413.
Resolved that the Treasurer be & hereby is Directed to Draw a
Bill of Exchange at parr, on Jasper Mauduit Esq"" in fav' [of] ' John
Hancock Esq for the Ballance in his hands due to this Province
being One Thousand four hundred & twelve pounds seventeen shil-
lings & six pence Sterl^ said Hancock to Give his Obligation to
Respond the Money as soon as Advice shall be Received of the pay-
ment of the same The Province in Case of the Xonpayment of the
Money not to be Subject to pay any Interest or Damages, or Charges
of Protest & that the Secretary be directed to acquaint M' Mauduit
of this resolution. \^Passed March 20.
1 Inserted from Legislative Records of the Council, xxvi., 500.
[3i) Sess.] Province Laws {Resolves, etc.). — 176H-67. 219
CHAPTER 226.
VOTE APPOINTING COMMISSIONERS ON THE LAND BANK AFFAIRS. Legislative
llecorfis of the
Council, xxvi.,
Pursuant to Agreement of the two Houses they proceeded to ^l\\.y^flll\^^
the choice of three persons as Commissioners for adjusting tiie affairs m. ' ''
necessary for the equitable finishing the Land Bank or Manufactory Legislative
Scheme in the room of the IIon"« Samuel Danforth Esq^ & Nath' c^unS xxvl^.
Hatch Esq' two of the Commissioners who desire to be excused 45h 455, 4!*, 492',
from that trust & Thomas Goldthwait Esq'' the other of said Com- liouscJour-
missioners who is removed to such a distance as that he cannot con- "iV' lis' 'fiy"'^'^'
veniently attend ; when Edward Sheaffo, Samuel Dexter, and James I'nWince
Humphrey Esq" were chosen by a Major Vote of the Council & House chap^l'o-'M!),'
of Representatives. [Passed March 20. 264!chap.'93!'"'
CHAPTER 227.
RESOLVE DIRECTING THE PROVINCE TREASURER TO PUT IN SUIT Legislative
MR JOHN COTTON'S EXCISE BOND. Records of tiie
Council, XXVI.,
502.
Resolved that the Province Treasurer be, and hereby is directed House .lour-
to put in Suit at the next Inferior Court of Common pleas to be province^'
holden within the County of Suffolk M'' John Cotton's Bonds for Laws, iv., 845,
the Excise he farmed for the year 1765. [Passed March 20. sto^S.^I"'
RESOLVES, ORDERS, VOTES,
ETC.
Passed 1767-68.
[2211
LEGISLATIVE LIST'
FOR
1767-68.
His Excellency FRANCIS BERNARD,
Captain-General and Governor-in-chief, etc.
ANDREW OLIVER, Esq.,
SECRETARY OF THE PROVINCE.
JOHN COTTON, Esq.,
DEPUTY SECRETARY.
COUNCILLORS OR ASSISTANTS.
Of the Inhabitants of or Proprietors of Lands within the Territory formerly
called the Colony of the Massachusetts Bay ;
Samuel Danforth
Isaac Royall
John Erving
William Brattle
James Bowdoin
Thomas Hubbard
Harrison Gray
James Russell
Thomas Flucker
Nathaniel Ropes
Timothy Paine
Royall Tyler
Andrew Belcher
'EsQRS, John Chandler
James Pitts
Joseph Gerrish *
Thomas Saunders*
John Worthington
'ESQRS.
Of the Inhabitants of or Proprietors of Lands within the Territory formerly
called the Colony of Neio Plimonth;
Gamaliel Bradford ) Samuel White \
James Otis' lsqrs. ^^t, kt^^^^^^t jxr^^r^^c-i ( Esqrs.
j ■ Jerathmeel Bowers
Of the Inhabitants of or Proprietors of Lands luithin 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
betwee7i the River of Sagadehoc & Nova Scotia ;
Jeremiah Powell, Esq.
' See Legislative Records of the Council, xxvii.. 1-6.
' Joseph Gerrish and Thomas Saunders of the Massachusetts Bay, James Otis and Jerathmeel Bowers
of New Plimouth and Samuel Dexter of the Province at large, elected by the House of Representatives,
were rejected by the Governor.
[223]
224 Province Laws (i?ew?^?e.s, eifc). — 17()7-()H. [Representatives.]
For the Province, at large : —
Benjamin Lincoln & Samuel Dexter,' Esqrs.
REPEESENTATIVES OR DEPUTIES.
May 27, 1767 to March 30, 1768.
Mr. THOMAS CUSHIXG, Speaker.
County of Suffolk.
Boston, . . . James Otis, Esq.,
Thomas Gushing, Esq.,
Mr. Samuel Adams,
John Hancock, Esq.
Joseph Williams, Esq.
Mr. Samuel Howe.
Mr. Jazauiah Tucker.
Ebenezer Thayer, Esq.
James Humphrey, Esq.
Mr. Joshua Hersey.
Samuel Dexter, Esq.
Capt. Samuel Morse.
IMr. Jabez Fisher.
Jeremiah Gridley, Esq.
County of Middlesex.
Roxbury,
Dorchester,
Milton, .
Braintrec,
Weymouth,
Himjham,
Dedham,
Medjield,
Wrentham,
Brooklyn,
Stoughton and -^
Stoughton
ham,
Medway,
>Mr. Hezekiah Gay.
. Capt. Jonathan Adams.
Salem, . .
Danvers,
Ipswich,
Neivbury, .
Newburyport,
Marblehead,
Lynn, .
Andover,
Beverly,
Bowley, .
Salisbury,
Haverhill,
Olocester,
Boxford,
Almsbury,
Bradford,
Wenham,
County of Essex.
. William Browne, Esq.,
Peter Frye, Esq.
. Daniel Epes, Esq.
. . Capt. Michael Farley.
. Joseph Gerrish, Esq.
Benjamin Greenleaf, Esq.
Jacob Fowle, Esq.,
William Bourne, Esq.
Mr. Ebenezer Burrill.
Samuel Phillips, Esq.
Mr. Henry Herrick.
Ilumpliry Hopson, Esq.
Caleb Cushing, Esij.
Richard Saltonstall, Esq.
Thomas Saunders, Jr., Esq.
Aaron Wood, Esq.
Jonathan Bagley, Esq.
Benjamm Mulliken, Esq.
Mr. Benjamin Fairtield.*
Cambridge,
CharlestoiLni,
Watertoivn,
Woburn,
Concord, .
Newtown, .
Reading, .
Marlborough,
Billerica, .
Framinyham,,
Lexington,
Chelmsford,
Sudbury, .
Maiden,
Weston,
Medford, .
Hopkinton,
Westford, .
Oroton,
Shirley &
Pepperell,
Waltham, .
Stowe, .
. Andrew Bordman, Esq.
. Edward Sheaffe, Esq.
. Mr. Daniel Whitney.
. James Fowle, Esq.
. Chai'les Prescot, Esq.
. Capt. Abraham Fuller.
. Ebenezer Xichols, Esq.
. Mr. Samuel Witt.
. William Stickney, Esq.
. Josei)h Buckminster,
Esq.
. William Reed, Esq.
. Sampson Stoddard,
Esq.
. John Xoj-es, Esq.
. Capt. Ebenezer Harn-
den.
. Mi. Abraham Bigelow.
. Stephen Hall, Esq.
. Capt. Joseph Mellen.
. Capt. Jonas Prescot.
> James Prescot, Esq.
. Capt. Jonas Dix.
. Henry Gardner, Esq.
County of Hampshire.
Sprijigfield tfc
Wilbraham,
Northampton &
Southampto>i,
Hadley and
South Hadley,
Hatfield, .
Westfield, .
Deerjield &
Oreenfield,
Sunderland, .
Jolin Worthingtou, Esq.
Joseph Hawley, Esq.
^Ir. Simeon Strong.
Oliver Partridge, Esq.
David Mosely, Esq.
Elijah Williams, Esq.
Capt. Joseph Root.
' Joseph Gerrish and Thomas Saunders of the Massachusetts Bay, James Otis and Jerathmeel Bowers
of New Plimouth and Samuel Dexter of the Province at large, elected by the House of Representatives,
were rejected by the Governor.
' The House Journal, p. 4, adds, " Topsfield, Capt. Samuel Smith."
[Representatives.] Province Laws (i^esoZve.s, e^c). — 1767-08. 225
County of Hampshire — Concluded.
Brivifield, Mo7i-
son & South
Brimjield,
Mr. Timothy Danielson.
County of Berkshire.
Sheffield, Great n
Barrington &
Egremont,
Tyringham, .
>Mr. Ephraim Fitch.
. John Chadwick, Esq.
County of Worcester.
Worcester, .
Lancaster, .
Mendon,
Brookjield, .
Oxford and
Charlton,
Sutton, .
Rutland, Rut-
land District &
Oakham,
Leicester, Spen-
cer & Paxt07i,
Westboroicgh, .
Shrewsbury , .
Lunenburgh &
Fitchburg,
Uxbridge, .
Harvard, .
Bolton, . . .
Sturbridge,
Eardwick, .
Grafton,
. Mr. Joshua Bigelow.
. Mr. David Wilder.
. Mr. Joseph Dorr, Jr.
. Jedediah Foster, Esq.
[ Edward Davis, Esq.
. Capt. Henry Iving.
> John Murray, Esq.
^ Capt. John Brown.
. Capt. Stephen Maynard
. Artemas Ward, Esq.
[ Edward Hartwell, Esq.
. Capt. Ezekiel Wood.
. Capt. Israel Taylor.
. John Whitcomb, Esq.
. Moses Marcey, Esq.
. Timothy Ruggles, Esq.
. Mr. Ephraim Sherman.
County of Plymouth.
Plymouth,
Scittiate,
Duxbiiry,
Marshfield,
Bridgrvater
Middleboro''
Rochester,
PlimiHon,
Pembroke,
Kingston,
Hanover,
Abington,
James Warren, Esq.
Mr. Gideon Vinal.
Briggs Alden, Esq.
Capt. Anthony Thomas.
Josiah Edson, Esq.
. Capt. Ebenezer Sproutt.
, Mr. Elisha Barrow.
Capt. John Bradford.
Mr. John Turner.
William Sever, Esq.
, Ezekiel Turner, Esq.
. Capt. Woodbridge
Brown.
County of Barnstable.
Barnstable, . . James Otis, Esq.
Yarmouth,
Sandwich,
Eastham &
Welfleet,
Harwich,
Falmouth,
David Thacher, Esq.
Roland Cotton, Esq.
Col. Willard Knowles.
Chillingworth Foster,
Esq.
Roland Robinson, Esq.
Taunton, .
Rehoboth, .
Swanzey with
Shawamet,
Dartmouthj .
Attleborough,
Dighton, .
Freetown,
County of Bristol.
. Mr. Joseph Tisdale.
. Capt. James Clay.
Jerathmeel Bowers, Esq.
Mr. Walter Spooner.
Mr. Ebenezer Lane.
Ezra Richmond, Esq.
Mr. Thomas Durfee.
County of York.
York, .... Jonathan Sayward, Esq.
Kittery, . . . Nathaniel Sparhawk,
Esq.
Wells, .... John Wheelwright, Esq.
Berwick, . . . Benjamin Chadbiirne,
Esq.
. Thomas Perkins, Esq.
Arundell, .
Bideford &
Peperelboro\
jMr. Jeremiah Hill.
County of Cumberland.
Falmouth & • ? t i t i u m -r
„,. , , > Jedediah Prebble, Esq.
Cape Elizabeth, )
Scarborough, . Mr. John Stewai'd.
Gorham, . . . Solomon Lombard, Esq.
Windhavi, . . Mr. Abraham Anderson.
Brunswick, . . Aaron Hinkley, Esq.
Dukes County.
Chilmark, . . Jonathan Allen, Esq.
Tisbury, . . . James Athearn, Esq.
In the County of Nantucket.
Sherburne, . . Mr. Timothy Folger.
RESOLVES, ORDERS, VOTES, ETC.
Passed at the Session begun and held at Boston
ON the Twenty-seventh Day of May, A.D. 1767.
CHAPTER 1.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF WORCES-
TER COUNTY.
John Chandler Esq^ Treasurer for the County of Worcester Legislative
having presented his Account ending May 1767 for allowance, the councif °*'^®
following Order passed thereon viz* xxvu., io.
Resolved That the within Account (being right cast and well House Jour-
vouched) be allowed : and that the Treasurer be discharged of the X'^efp! ligf "
Sum of Two hundred and seventy pounds three shillings and eight <^*^*p- ^^•
pence (exclusive of the Sum of Eighteen pounds, five shillings and
eleven pence set on the Town of Woodstock in the year 1766) which
he has paid by order of the Court of Sessions, and that he be ac-
countable for a balance of the Sum of Two hundred and fifty one
pounds, four shillings and 6*^% still remaining due to the County;
and also for the Tax set on the Town of Woodstock when received.
[Passed May 80.
CHAPTER 2.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH
COUNTY.
John Cotton Esq* Treasurer of the County of Plymouth having Legislative
presented his account down to the 18*^ of April 1767 for allowance, c^unclf ^* ^''^
the following Order passed thereon viz^ xxvii., 11.
Resolved that the within Account (being right cast & well vouched) House Jour-
be allowed, and that the Treasurer be discharged of the Sum of One "^^'PP-^'I^-
hundred and fifty eight pounds and ten pence, which he has paid
by order of the Court of Sessions; and that he be further account-
able for a balance of One hundred and sixty four pounds, twelve
shillings and nine pence due to the County when he shall receive
it. [Passed May SO.
[227]
228
Province Laws {Resolves^ etc.). — 1767-68. [Chaps. 3,4.]
Legislative
Records of the
Council,
xxvii., 12.
Maes.
Archives,
cxviii., 288.
House Jour-
nal, p. 14.
Province
Laws, xvii.,
332, chap. 241.
CHAPTER 3.
RESOLVE DIRECTING THAT A PLAN BE TAKEN OF SUNDRY TOWNSHIPS
AT Y^ EASTWARD.
Whereas there was a Plan taken of several Townships by John
Brown Esq"' Surveyor, by Order of a Committee of this Court in
1763 viz of Narragansett No 1 Pearson town N° 7 with the Lines of
Biddeford Scarborough & Falmouth as run by said Comittee which
Plan is mislaid or lost
Resolvd that the Secretary be directed to to ' write to the said John
Brown Esq"" to take an exact Plan of said Townships & runing said
Lines of said Biddeford Scarborougli & Falmouth from his field
Book or Journal & make Oath to the same t^at it is a true plan &
return said Plan into the Secretarys Office as soon as may be. \^Passed
June 2.
CHAPTER 4.
Legislative
Records of the
Council,
xxvii., 12.
House Jour-
nal, pp. 11, 15.
Province
Laws, ii., 151,
chap. 10.
RESOLVE IMPOWERING JOSIAH DAVIS, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Josiah Davis of Harvard Guardian to Elizabeth,
Peter, Jonas, Olive and Mary Davis minor Children of Jonas Davis
late of said Harvard dec*^ Setting forth. That the deceaseds Personal
Estate after the debts and the Widows allowance were paid amounts
only to £8.11,3, that bis Children Olive and Mary arc quite Young,
the one being but five and the other 2i/^ years old and have now
been a year out at Board. That the deceased died seized of two small
pieces of Land with a small House and Barn thereon in said Har-
vard, containing about 40 Acres apprized at £106.13.4. And pray-
ing that he may be impowered to make Sale of the said Estate, the
interest thereof to be applied for the support of the Widow & Chil-
dren in proportion according to Law.
[Kead and]
Resolved That Josiah Davis Guardian to Elizabeth, Peter, Jonas,
Olive and Mary Davis Minors, Children of Jonas Davis late of Har-
vard deceased, in his said capacity be and hereby is impowered to
make Sale of the House, Barn & Farm of Land mentioned in the
Petition for the most the same will fetch, and to execute a good
deed or deeds of the same he observing the directions of the Law
respecting the Sale of Real Estates, and giving security to the Judge
of Probate for the County of Worcester that the proceeds of the
Sale be applied in manner following viz*^ One third part thereof to
be put to Interest for the benefit of Elizabeth Davis Widow of the
said Jonas during her life in lieu of her right of Dower, and also
that the said Elizabeth, Peter and Jonas's parts of said Estate be
put to interest until they come of age or time of marriage. And that
the said Olive and Mary's part of said Estate be also put at Interest,
and so much thereof be used from time to time as may be necessary
for their support & Education, and the remainder paid to them at
the time they come of age, or at the time of Marriage. [Passed
June 2.
■ > Sic.
[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 229
CHAPTER 5.
RESOLVE ALLOWING THE ACC'> OF Y« GUAR"« OF THE PLYM" COUNTY
INDIANS.
By the Accounts exhibited by the Guardians of the Indians for Legislative
the County of Plymouth. It appearing that they are well avouch'd councif, '^^ '^''^
and right cast, and that there is Still remaining in the Said Guar- J',^^"-- In-
dians Hands Due to James Thomas. Two Pounds fifteen Shillings Archives,
Three Pence half Penny. Also due to Stephen David Forty One xxxiu., 422.
Pounds, Two Shillings. Also due to Hannah Bobbins jun"" Seventy ^aTpV9"i2
Eight Pounds Seventeen Shillings And Eleven Pence. Also due to w- ' Province
the Heirs of John Thomas. Four Pounds fifteen Shillings. Also it cifaT)^76,Vote. '
Appearing that the Acco*^ of the Widow Hannah Eobbins are bal-
lauc'd. Therefore
Resolved that the Guardians aforesaid be further Accountable for
the Said Sums. And discharg'd of the Acco*^ of the Said Widdow
Hannah Eobbins. ^Passed June ~.
CHAPTER 6.
RESOLVE IMPOWERING MARTHA DAVIS, ADM^, TO EXECUTE A DEED.
A Petition of Martha Davis of Barnstable Widow, Admin^ of ^^^^^^^"^fti^
the Estate of William Davis late of Barnstable Mariner deceased Set- council,
ting forth That the deceased in his life time being seized of one ^^^"•' ^^'
moiety of a piece of Land and meadow in partnership with Corne- ^^i^pp'^i^^iY
lius Crocker containing in the whole six Acres had bargained for
the same with the said Cornelius on the first day of December 1765
in consideration of the Sum of £33.14.4 part whereof the said Corne-
lius paid to the said William, who then obligated himself to give to
the said Cornelius a deed of the Land upon the Repeal of the Stamp
Act, he paying the remainder of the money; but that the said Wil-
liam died before the said Act was repealed. And praying that she
may be impowered to compleat the Bargain aforementioned.
Read &
Resolved That the prayer of this Petition be so far granted, as
that the said Martha in her said capacity of Administratrix, be, and
hereby is impowered to execute a good and lawful deed of the ^aid
William's part of the premises to the said Cornelius Crocker, he
paying her that part of the purchase money that is still due; She
to account for the same when she makes up her accounts of her
Administration on the said deceased his Estate. [^Passed June 2.
CHAPTER 7.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
CADWALLADER FORD TO BRING FORWARD A WRIT OF REVIEW.
The Committee appointed the 30^^ Instant on the Petition of Legislative
Cadwallader Ford Esq'' reported That they had examined the written councu,'' ^
evidence and were of opinion, that the said Ford had not had a ^''^"•' ^'^-
230
Province Laws {Resolves, etc.). — 1767-68. [Chaps. 8,9.]
Legislative
Records of the
Council,
xxvii., 10.
House Jour-
nal, pp. 7, 8, 11,
12, 18, 20, 21.
Ante, p. 145,
chap. 64.
proper trial of the Cause between him and Joshua Farnliam as men-
tioned in said Petition. Therefore report that he have liberty to
bring forward his Writ of Review of the same Cause at the Superior
Court of Judicature &c. next to be holden at Falmouth in the County
of Cumberland in the present year 1767, and that execution be stayed
in the meantime.
Read accepted ; And
Ordered that the Petitioner serve the adverse party Joshua Farn-
ham with a Copy of this Petition that he shew cause if any lie hath,
on the second Wednesday of the next sitting of this Court, why the
prayer thereof should not be granted, and that execution be stayed
in the meantime. \^Passed June 3.
CHAPTER 8.
Legislative
Records of the
Council,
xxvil., 18.
House Jour-
nal, pp. 20, 21.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
FORTES: VERNON TO BRING FORWARD A WRIT OF REVIEW.
A Petition of Fortescue Vernon of Boston Setting forth That
one Joshua Coffin brought his Action against the petitioner upon
a Policy of Insurance for the Sum of £100 upon the Brig Prince
of Orange David Coffin master, which Action was carried up by
demurrer to the Superior Court, and in November last at said Court
held at Salem the said Joshua recovered Judgment against the Peti-
tioner for £100 and Costs ; owing as he apprehends to the Nonattend-
ance of his attorney M' Auchmuty who was prevented by his W^ifes
Illness, quite unknown to the Petitioner 'till about a fortnight since,
who apprehended the Case had been continued. And praying that
he may be impowered to bring forward his Writ of Review of said
Judgment at the next Superior Court to be held in the County of
Essex; and that execution may be stayed in the mean time.
Read &
Ordered that the Petitioner notify that adverse party Joshua
Coffin of this Petition, by serving him with a copy of the same to
shew cause, if any he have on Thursday the ll"" Instant why the
prayer should not be granted ; and that Execution be stayed in the
mean time, and the Petitioner give security to respond whatever may
be finally recovered of him. \^Passed June 3.
CHAPTER 9.
Legislative
Records of the
Council,
xxvii., 19.
House Jour-
nal, pp. 15, 19,
20. Province
Laws, xvll.,
591, chap. 182.
RESOLVE CONFIRMING A PLAN OF 300 ACRES OF EQUIVALENT LAND TO
SAMi- DEXTER.
A Return of the Survey of a piece of Land granted by the Great
and General Court of this Province to Samuel Dexter Jan'' 28.
1765 Begining at a great Beach tree marked & Stones four perch
E* of the North branch of Hoosuck River in the Province Line,
from thence run S° 10*^ W*^ 160 perch to a Stake and Stones, then
W* 10*^ N, 300 perch to a heap of Stones three feet S° of a small
Hemlock marked, then at right angles to the Province Line, allow-
ing one Rod in thirty for swag of Chain, according to the Plan here-
with exhibited.
Pittsfield Dec'' 3<^ 1766 Signed Joseph Allen Surveyor
[IST Sess.] Province Laws {Resolves, etc.). — 1767-68. 231
[Read and]
Resolved that the within Plan of three hundred acres of Land
delineated and described as is set forth therein, be accepted, and
hereby is confirmed unto Samuel Dexter his Heirs and assigns in
full satisfaction of the Grant allowed by the General Court to the
said Samuel Dexter Jan^ 26. 1765 (a Plan of the same not being
returned within twelve months of said time notwithstanding) pro-
vided that it doth not exceed the quantity of three hundred Acres,
nor interfere with any former Grant. \^Passed June 3.
CHAPTER 10.
ORDER IMPOWERING THE INHABITANTS OF THE N. E. QUARTER OF
RUTLAND TO LEVY AND COLLECT A TAX OF ONE PENNY PER ACRE
ON LANDS OF NON-RESIDENTS.
A Petition of the Inhabitants of the N E Quarter of Rutland R^^'^lf^^^tj^
praying for a Tax on the Lands of the Nonresident proprietors, and council,
that the said Quarter may be incorporated, MasB.'' ^^'
Read : and it appearing that the Petitioners & nonresident pro- "^?"<^??|^*:,%
prietors had come to an Agreement that there should be a Tax of - — ^— ^ —
one penny ^ Acre laid upon all the Lands of the nonresident pro- Archives,
prietors l3dng in the Northeast Quarter of Rutland for one year '^^^11['21^q
only, to enable the Inhabitants to make and repair Roads. Records of the
Ordered That there be a Tax of One penny ^ Acre, laid on the sae^^HousY '
s^ Lands accordingly and that the Petitioners have liberty to bring prov^nJ^^' ^^"
in a Bill for incorporating the said Quarter into a District.' [^Passed Laws, ly., 953,
June 0. note.
CHAPTER 11.
RESOLVE ALLOWING 40/ TO W* PIERCE.
A Petition of William Pierce Setting forth That in the year Legislative
1755 He was a Captain in the pay of the Province in the expedition councif °* ^^'^^
against Crown point, & upon the encouragement of the Govern- xxvii.,25.
ment, he furnished one James Daly with a Gun, who was taken Archives,
prisoner and the Gun lost. And praying an allowance. lxxx., 646.
[Read and] _ 'Irl^i.es,
Resolvd that that * there be allowd & paid out of the province ixxx., 646.
Treasury to the Pef the Sum of forty shillings in Consideration of na^^i^. 23^^25.
the Loss of the Gun mentiond. \^Passed June 5. Laws^if. 737
chap. 41.
CHAPTER 12.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BARN-
STABLE COUNTY.
An Account of Solomon Otis County Treasurer for Barnstable, Legislative
was presented for allowance: Whereupon the following Order passed coundf °*'^^
viz'' xxvU., 26.
^ This district was called Hubbardston.
« Sic.
232
Province Laws {Resolves, etc.). — 1767-G8. [Chaps. 13, 14.]
na^i'^pp.'g'zL Resolved that the within Account, being right cast and vouch'd
be accepted: and that the Treasurer be discharged of the Sum of
One hundred forty three pounds fourteen shillings and ten pence
which he has paid by order of the Court of Sessions, and that he
be further accountable for a balance of One hundred and seventeen
pounds, seventeen shillings & three pence still remaining due to the
County. \^Passed June 5.
Legislative
Records of the
Council,
xxvii., 27.
House Jour-
nal, pp. 9, 27.
CHAPTEE 13.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX
COUNTY.
The Account of Michael Farley County Treasurer of Essex being
laid before the Court for allowance, the following Order passed
thereon viz''
Resolved that the within account being right cast & well vouched
be allowed, and that the Treasurer be discharged of the Sum of Six
hundred and sixty nine j^ounds, six shillings and ten pence which
he has paid by Order of the Court of Sessions, and that he be further
accountable for a balance of four hundred & one pounds, nineteen
shillings and seven pence still remaining due to the County. \^Passed
June 6.
CHAPTEK 14.
RESOLVE CONFIRMING A PLAN OF 47 ACRES AND 2 RODS OF EQUIVA-
LENT LAND TO EPH"" KEYES.
Legislative A Plan of the Residue of the Grant made to Ephraim Keyes of
Council, three hundred Acres of Land viz* of forty seven Acres as heretofore
xxvu., 27. mentioned in a Plan of two hundred and fifty two Acres and half
miTpi/26^27 presented to and accepted by the hon''''' Court, delineated as in the
Ante, p'. 64*, ' Plan here annexed viz' begining eleven chains seventy five link North
p.i36,dSap.45. 33 degrees East from the North west corner of a Grant of Land made
by the General Court to Beuj* Goodrich and others lying West of
Pittsfield, bounded as by the Plan viz' North 22"^ East 20 chain.
East 22'' South 23 chains 74 links. North 22'^ east 20 chains, east
22*^ South 23 chains 74 links. Surveyed by Benj"* Goodrich jun"' and
Sworn before William Williams Justice [of the] peace
[Eead and]
Resolved that the within Plan of forty seven Acres and two roods
delineated and described as it is set forth therein be accepted, and
hereby is confirmed to Ephraim Keyes his Heirs and Assigns in full
satisfaction for forty eight Acres and seventy rods allowed by this
Court October 31, 1765 to the said Ephraim to compleat a former
Grant to him of Three hundred Acres, provided it doth not ex-
ceed the quantity of forty eight x\cres and seventy Eods, nor inter-
fere with any former Grant. [Passed June 6.
[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 233
CHAPTER 15.
ORDER ALLOWING £9. 14. 8 TO ENOCH FREEMAN.
A Petition of Enoch Freeman Esq"" of Falmoutli in the County Legislative
of Cumberland: Praying an allowance of £9.14.8 disbursed in the coum-if ^* ^"^^
service of the Government from 1757 to 1763 as having the care and xxvii., -k
direction of three Companies as a Winter Scout, and for the purchase House Jour-
of 13 Bayonets & Scabbards for the Battery Company, and for his ."^''PP-^^-^s.
time, trouble and expence in the said Service.
Read &
Ordered that there be allowed and paid out of the Province Treas-
ury to Enoch Freeman Esq"' the Sum of Nine pounds, fourteen shil-
lings and eight pence in full for his Account as set forth in this
Petition. \_Passed June 8.
CHAPTER 16.
RESOLVE IMPOWERING ABIG^- CURTIS, GUARDIAN, TO EXECUTE A
DEED.
A Petition of Abigail Curtis of Hanover Widow as Guardian to Legislative
her two Children Joseph Curtis & Seth Curtis Minors and the only counc*if * "^"^^
surviving Children of her late husband Joseph Curtis of said Han- xxvu., 29.
over deceased Setting forth That one Thomas Whitton of said House jour-
Hanover stands seized of about fourteen acres of Land in said Town, 29! •'^P'^^'^"»
the most whereof is under good improvement, and but about 12 Rods
in weidth & encompassed by the said Minors Lands: and that the
said minors own some unimproved Land at a distance from that
beforementioned, and near to other Land owned by the said Whit-
ten, who is willing to accept sixteen acres thereof in exchange for
the fourteen acres beforementioned. And praying that she may be
impowered to execute a deed of the said fourteen Acres in exchange
for the sixteen acres aforementioned.
[Read and]
Resolved that the prayer of the Petition be granted ; and that the
said Abigail Curtis in her said capacity as Guardian to Joseph Curtis
and Seth Curtis be, and hereby is enabled to give and execute a good
and sufficient deed of conveyance of the withinmentioned sixteen
Acres of Land unto the said Thomas Whitten, and in consideration
thereof to receive a good and lawful deed from the said Thomas to
the said Joseph and Seth Curtis vesting them with the said prop-
erty of the fourteen Acres of Land mentioned in said Petition.
\^Passed June 8.
CHAPTER 17.
RESOLVE CONFIRMING 3,000 ACRES OF EQUIVALENT LAND TO HEZ:
WARD & OTHERS, ASSIGNEES.
A Return was made to the Court of the following Survey viz' Legislative
May 26 1767. Then laid out three thousand Acres of the unappro- counciu^
priated Lands of this Province pursuant to a Grant of the Great ^^^"•'^"-
234
Province Jjaws (Hesohes, etc.) . — 17G7-G8. [Ciiap. 18.]
House Jour-
nal, pp. 24, 28,
Ante, p. 185,
chap. 155.
and General Court made to M"" Hezekiah "Ward & Others Assignees
of the Town of Boston in proportion to their several losses of Land
in the Town of Charlemont by the running of the Lines of Colrain
and in full satisfaction therefor viz' Twelve hundred acres for the
Heirs of Jonas Clark, Benjamin Clark & Ebenezer Storer Twelve
hundred acres for M' Hezekiah Ward and Jonathan Ward : Three
hundred acres for Doct^ Thomas Green and Samuel Pierce, and
three hundred acres for Caleb Dana, Eichard Dana, Jonathan White
and Joseph Wilder; the whole is bounded on the North by Charle-
mont South line ; on the West by Land sold by the Province to Cap'
Pason ; on the South it bounds by Province Land ; on the East partly
on Province Lands and partly on Land of M"' Othniel Taylor as the
same is marked out and delineated on the above plat, with the first
Letters of the names of the Owners of each Lot set on the Corners
and the Trees about them. The particular Lots are bounded as
follows: Clarks and Storers North on the South line of Charle-
mont, South partly on Wards Farm & partly on Greene's & Pierce's
Farm West by Pason's Land or Town, East by Dana, White's and
Wilders. Wards Farm bounds north partly by the farm last described
of Clarks and Storers and partly by Danas Whites & Wilders, South
and East it bounds by Province Lands, West by Doctor Green's &
Pierce's Lot. Docf" Green and Pierce's Lot bounds on the West by
Pasons Town so called, East by Wards Lot or Farm South by Prov-
ince Land, North by Clark's and Storers Lot or Farm. Danas White's
& Wilder's lot laid East of Clark's & Storer's, Bounds West by it
South by Wards, East by M' Othniel Taylor's and North by the
South line of Charlemont: the lines are all well marked, and it is
laid down by a Scale of 200 perch to one inch.
Signed Silvaxus Rice Surveyor
and Sworn before Thomas Williams Just* pac*
[Read and]
Resolved That the within Plan of three thousand Acres including
the several Divisions, delineated & described therein be accepted,
and hereby is confirmed to Hezekiah Ward and Others Assignees
of the Town of Boston, their Heirs and Assigns in full satisfaction
for their several losses of Land in the Town of Charlemont by the
running of the Lines of Colrain. Provided that it doth not exceed
the quantity of three thousand Acres, nor interfere with any former
Grant. [Passed June 8.
CHAPTEK 18.
RESOLVE IMPOWERING ELEAZER ADAMS, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council,
xxvii., 32.
House Jour-
nal, pp. 21, 32.
Province
Laws, ii., 151,
chap. 10.
A Petition of Eleazer Adams of Medway Guardian to Esther
Adams a person Noncompos setting forth That his Account of
disbursements for said Esther amounts to Thirty six pounds 17/10
more than her Personal Estate. That her Real Estate was apprized
at £75,6.8, that all her improved Lands will rent for no more than
two dollars a year, besides keeping the Fences in repair, and the
Bushes subdued. And praying that he may be impowered to make
Sale of the said Esthers Real Estate to discharge the debt already
contracted and to provide for her future support.
[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 235
[Read and]
Resolved that Eleazer Adams of Medway in the County of Suffolk
Guardian to Estlier Adams of said Medway a person Noncompos,
be, and hereby is impowered to make Sale of the whole of the Eeal
Estate belonging to the said Esther for the most the same will fetch,
and to make and Execute a good deed or deeds of the same to the
purchaser or purchasers, their Heirs and Assigns ; He observing the
directions of the Law respecting the Sale of Real Estates by Exec-
utors & Administrators : the money arising by said Sale to be applied,
so much as is necessary to the discharge of the said Esther's present
debts, and the remaining part to be put out at Interest & employed
from time to time for the support & maintenance of the said Esther:
and that the said Eleazer Adams give caution to the Judge of Pro-
bate for the County of Suffolk that the said Money be so applied.
[^Passed Jmie 9.
CHAPTER 19.
RESOLVE IMPOWERING THE SELECTMEN OF THE TOWN OF LEXINGTON
TO FROVIDE FOR THE SUPPORT OF THE FAMILY OF SAMUEL PIKE.
A Petition of the Representative & Selectmen of the Town of ^®^*^|?"^'f .v^
Lexington Setting forth That in 1732 one Samuel Pike with his council,
Family came into the said Town, and were legally warned to depart Mass.'' ^'
& caution entered accordingly in August following. That the said Archives,^
Samuel is since dead after long illness leaving a Widow & two Daugh '^-^ —
ters, one of which hath been bedrid for ten years past, and have Archives,
been a great expence to the Inhabitants of said Town. That the Hmlse'jour-
Petitioners cannot find that the said Family have ever gained a nai,pp.24,33.
Settlement in any Town in the Province. And praying that they
may be relieved at the Province charge.
Read &
Resolvd that the Overseers of the Poor or the Selectmen of the
Town of Lexinton be directed to make suitable provision at the
publick Expence for the Support of those of the Family of the said
Sam' Pike who are incapable of providing for them selves & lay the
Accounts thereof before the Governor and Councile from time to
time agreable to Law. \^Passed June 9.
DHAPTTilT?20 Legislative
^ -tl-t^XT J. Jli Xi ^\J . Recordsof the
Council,
xxvii 34
RESOLVE ALLOWING £2. 8 TO MICHAEL DAIGLE. Mass.'' '
Archives,
Resolvd, That the Sum of Forty Eight Shillings be paid out of the = — ^-r-^ ■
Province Treasury to Michel Daigle ' one of the Nova Scotia French nai,pp.34,35.
Inhabitants, to enable him to transport himself & Family from this Laws^iv. 948
Province to Canada. \^Passed June 9. notes.'
' The House Journal, pp. 34, 35, reads, *' Michael D. Eagle."
236
Province Laws {Resolves, etc.) . — 1767-68. [Chaps. 21, 22.]
CHAPTER 21.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
JN» BRIDGHAM TO ADMIT AN APPEAL OF AN ACTION.
Legislative
Becords of the
Council,
xxvii., 35.
House Jour-
nal, p. 37.
A Petition of John Bridgham of Plympton Setting forth, That
Nathaniel Goodwin of Plymouth commenced an Action against him
at an Inferior Court for the County of Plymouth which was carried
up by Demurrer to the Superior Court held in and for the said
County in May following where Judgment was made up against
him for £13.3.61/4 damages and costs: whereupon he appealed to
the Superior Court held in & for the said County in May last, when
and where he expected his attorney would have defended the said
Action but thro' mistake this was not done, and so the former Judg-
ment was confirmed with additional Costs. And praying that Execu-
tion may be stayed, and that he may have power to enter his said
Appeal at the next Superior Court for the said County.
[Read and]
Ordered that the Petitioner serve the said Nathaniel Goodwin
with a Copy of this Petition that he make answer if lie see cause,
on the third Tuesday of the next Session of this Court, why the
prayer thereof should not be granted, and that Execution be stayed
in the mean while. \^Passed June 10.
CHAPTER 22.
ORDER EXEMPTING THE TOWN OF WINCHENDON FROM THE PROVINCE
TAX.
Legislative
Records of the
Council,
xxvii., 36.
House Jour-
nal, pp. 25,26,
35, 36.
A Petition of Daniel Stimpson in behalf of the Inhabitants of
the Town of Winchendon setting forth That there has been a
Tax laid upon them by the Government for six years amounting
in the whole to £167.3.4:; none of which has been yet paid by reason
of the smalness of their numbers and their extreme poverty: And
praying that the said Tax may be abated and that they may be
exempted from any further Tax, till they shall be better able to
bear it.
Read &
Ordered that the Town of Winchendon be eased of the Taxes of
One hundred and sixty seven pounds three shillings &> four pence
laid on them for six years past : and tliat the said Sum be added in
this years Tax Bill to the following Towns in the County of "Worces-
ter which were eased of the same Tax in proportion as the following
Towns were eased by laying the same Tax on the said Winchendon
viz* on Worcester, Lancaster, Mendon, Brookfield, Oxford, Sutton,
Rutland, Leicester Westborough, Shrewsbury, Lunenburgh, Ux-
bridge Harvard, Dudley, Bolton, Sturbridge, Leominster Hard-
wick, Western, Douglas &, Petersham. \^Passed June 10.
[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 237
CHAPTER 23.
RESOLVE IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY
OF MIDDLESEX TO ALLOW FURTHER TIME FOR THE ADMISSION OF
CLAIMS AGAINST AN ESTATE.
A Petition of Isaac Foster of Charlestown Merchant Setting Legislative
forth That Thomas Parker late of Dracut Clerk dec'^ is justly gStr*'*"®
indebted to the Petitioner in about the Sum of <£50 That the said xxvii., 40.
Estate has been represented Insolvent, but he not being apprized House Jour-
thereof or apprehensive of such Insolvency till tlie time for carrying °* 'I^p- '
in the Creditors Claims was near expired; He then applied to one
of the Commissioners, who as he then understood, promised to call
& take the Petitioners Bond against the said Estate but thro' some
misapprehension of the matter between them it happened that the
whole term allowed was expired before he took any further care to
carry in his Claim, by which means he is like to be excluded. And
praying that the Judge of Probate may be impowered to give a
further time to the Commissioners to receive the Creditors Claims,
that so he may have opportunity to present and prove his own in
order to receive his just proportion.
[Read and]
Resolved That the Judge of Probate for the County of Middlesex
be, and he hereby is impowered to allow the Commissioners by him
appointed to examine the Claims to the Estate of Thomas Parker
late of Dracut Clerk deceased two months longer, if he shall see
cause, to receive the Claims of such Creditors to the Estate afore-
said as have not been before considered by said Commissioners. And
that such Claims so to be received may be considered by said Com-
missioners, & allowed by said Judge, as if they had been exhibited
in due Season. \_Passed June 11.
CHAPTEE 24.
RESOLVES CONSTRUING AN ACT IN REGARD TO MINISTERIAL AND LAND
TAXES IN DISTRICT OF SOUTH BRIMFIELD.
A Petition of Edward Webber Agent for the East Parish of Legislative
South Brimfield praying for an explanation of the Act for divid- councif,
ing the District of South Brimfield into two separate Parishes: And xxvu., 4i.
Setting forth That there are large Tracts of Land in the said ^^T^f '^^6'27
East Parish which have been advanced in their value by means of 42. ' Province'
their Building a meeting house & settling a minister, towards which ^h&v'^\','i^l',
the said Lands have not paid any Tax: And praying for a Tax of chap' TJ4"'' ^^^*
three pence ^ acre for three years on all the Lands in said East
Parish, to be applied towards finishing the meeting house and sup-
porting the Gospel therein.
Read &
Resolved That by the Act made in the sixth year of his present
majesty's Reign for dividing the District of South Brimfield into
separate Parishes; the Inhabitants of the West Parish in said Dis-
trict are not freed from any charges that arose in said District by
hiring Preaching previous to the dividing said District into separate
238
Province Laws {Resolves, etc. ) . — 1767-68. [Chaps. 25, 26.]
Parishes, & previous to the settling a minister in that part of the
said District now the East Parish. And that the prayer of the Peti-
tion be so far granted, that the Selectmen or assessors of the District
of South Brimfield are hereby ordered and impowered to assess all
such Sum or Sums of money that have not been assessed and have
been expended in hiring preaching in said District before said Dis-
trict was divided into separate Parishes, and before the settling a
minister in that part of said District now the East Parish, in pro-
portion upon the Inhabitants of the East and West Parish, that are
not exempted by Law from ministerial Taxes, and to commit the
same to the Constable of said District to collect. And as to the
second part of said Petition : It is further
Resolved That the Petitioner insert the substance of that part
of the Petition relating to a Land Tax in two of the Boston News
papers, notifying the Nonresident Proprietors of Lands in the East
Parish of South Brimfield to shew cause, if any they have, on the
second Tuesday of the next Winter Session of the General Court
why the prayer should not be granted. [^Passed June 11.
Legislative
Records of the
Council,
xxvli., 43.
House Jour-
nal, p. 241
(February,
1766) ; pp." 33,
45. Pos<, p. 249,
chap. 51.
CHAPTER 25.
ORDER ALLOWING £3. 18 TO 0. PARTRIDGE, ESQ*.
A Petition of Oliver Partridge Esq"" Praying an Allowance for
six days service and Horse hire to view & estimate certain Lands
lying West of Sheffield in April 1766 by an Order of the General
Court, a large Tract whereof they afterwards sold to Charles Good-
rich. Also praying an allowance of eighteen shillings for an Express
from Hatfield to Pittsfield in the time of the Riot at Egremont.
Eead &
Ordered That the prayer be granted, and that the Sum of Three
pounds, eighteen shillings be paid to the Petitioner out of the public
Treasury in full for his Services mentioned in the Petition. \^Passed
June 12.
Legislative
Records of the
Council,
xxvii., 43.
House Jour-
nal, pp. 24, 38.
CHAPTER 26.
RESOLVE DIRECTING THE PROVINCE TREASURER TO ISSUE HIS WAR-
RANT TO EBEN« OLDS TO COLLECT TAXES IN EGREMONT AND TO
WITHDRAW THE EXECUTION AGAINST SAID COLLECTOR.
A Petition of Ebenezer Olds Setting forth That he was chosen
Constable of the Town of Egremont in 1764 but has never yet re-
ceived a Warrant from the Province Treasurer impowering him to
collect the Province Tax laid on said Town: notwithstanding which
the said Treasurer hath made out an Execution against him. And
praying relief. And further praying that the Taxes of sundry per-
sons who have since died and absconded may be remitted, as he will
be now unable to collect the Sums set upon such persons.
[Read and]
Resolved that the prayer of the Petition be so far granted as that
the Province Treasurer be, and he hereby is directed to issue his
Warrant impowering the Petitioner to collect such part of the Sum
[1st Sess.] Province Laws {Resolves^ etc.). — 1767-68. 239
committed to him by the assessors of the Town of Egremont as still
remains due to the Province, and to send such Warrant to the Sheriff
of the County of Berkshire to be by him transmitted to the Peti-
tioner. And that the space of three Months & no longer, be allowed
said Petitioner to collect and pay in the said Sum. And that the
Treasurer be further directed to write to the Sheriff of said County
to return the Execution issued against the Petitioner, and pay said
Sheriff his Fees for Travel out of the public Treasury. \^Passed
June 12.
CHAPTEK 27.
RESOLVE IMPOWERING THE TOWN OF DORCHESTER TO SELL LANDS
AND APPLY THE PROCEEDS THEREOF FOR THE SUPPORT OF A
FREE SCHOOL THEREIN.
A Petition of Eichard Hall & others Selectmen of Dorchester Legislative
Praying liberty to sell a Tract of Land containing 140 Acres lying Q^unc'lf *** ^^^
in Stoughton, being part of a Grant made by the ancient proprie- xxvii., 44.
tors of said Town in the year 1657 for the benefit of a Free School; Legislative
the money arising by said Sale to be placed at Interest for the same counclf, xxv'l,
use till there shall be opportunity of vesting it in other Real Estate, jo°^i^i"^®p 28
the forementioned 140 Acres being of very little profit to the Town. 4i.
[Read and]
Resolved that the prayer of the Petition be so far granted that
Richard Hall, William Holden and Elijah Davis, the Committee of
the Town of Dorchester, be and are hereby impowered to make sale
of the Lands therein mentioned, and to make and execute a good
deed or deeds of conveyance thereof to the purchaser or purchasers
thereof; which Deed or deeds so made and executed shall be good
and valid in Law to convey the said Lands to the purchaser or pur-
chasers thereof; the proceeds of said Sale to be delivered to the
Treasurer of said Town of Dorchester to be appropriated & employed
for the use of a Free School in said Town as the Inhabitants thereof
shall think proper. \_Passed June 12.
CHAPTER 28.
RESOLVE IMPOWERING BENJAMIN MULLIKEN AND OTHERS TO EX-
CHANGE LANDS AND TO NOTIFY DELINQUENT PROPRIETORS.
A Petition of Benjamin Mulliken & Moody Bridges Agents for Legislative
the Proprietors of a Township granted to them June 25 1765 Setting counclf °* ^''^
forth. That a Pond called Long Pond contained in the Plot is much xxvii., 4*5.
larger than described therein: And praying an allowance, & also Archives,
praying to exchange a part of said Township for other Province cxviii., 4i8.
Lands which would bring it into a better form : And that they may Mass.
be impowered to make Sale of the Rights of the delinquent Pro- cxvui., 416.
prietors who are in arrears for the Taxes laid upon them. miTpp'^sl^'s
[Read and] p'-^/chl^hJ;
Resolved that that part of the Township granted to BenJ^ Mulli- p. ee) chap. 125.
ken Esq"" and others June 25'"^ 1765 lying on the Easterly side &
northerly end of the pond called Long pond containing Eight thou-
240
Provestoe Laws {Resolves, etc.). — 1767-68. [Chaps. 29, 30.]
sand, six hundred & forty five acres bounded as f olloweth ; Begining
at a stone set into the ground at the northeasterly corner of said
Township; thence South 25 degrees East nine miles to a Stone set
into the ground, thence west 25 degrees South seven hundred &
forty pole to said Pond ; thence northerly by s'^ pond to a Stake &
stones standing by a Brook at the head of said pond ; thence north
25 degrees West six hundred & sixty pole to a Stake & stones stand-
ing in the northerly line of s** Township thence East 25 degrees
north One hundred & sixty pole to the first bound, be, exchanged
for an equivalent of Land lying on the Westerly side, provided there
be a sufficiency of Land belonging to the Province on that side,
otherwise that the deficiency be made up in Lands at the Southerly
end of said Township adjoining thereto, and that a plan thereof
taken by Surveyor & Chainmen on Oath, be returned to this Court
within twelve months from this date for Confirmation.
And that the petitioners notify the delinquent Proprietors men-
tioned in their petition by inserting the substance of that Clause
in one of the Boston News papers three Weeks successively that
they shew cause if any they have on the first Tuesday of the next
Session of this Court why the prayer thereof should not be granted.
\_Passed June 12.
CHAPTER 29.
Legislative
Records of the
Council,
xxvll., 46.
Legislative
Records of the
Council, XXV.,
•2S0. House
Journal, pp. 44,
46. Province
Laws, xvii.,
571, chap. 134.
ORDER ALLOWING 30/ EACH TO TIMOTHY PAINE AND JOHN MURRAY
AND £1. 4 TO MOSES MARCY.
A Petition of Timothy Paine, Moses Marcey & John Murray
Esq" Praying an allowance for going to South Brimfield in 1764
to fix a place for a meeting House there, by order of the General
Court.
Eead and
Ordered That the prayer be granted, and that there be paid out
of the public Treasury to Tim° Paine & John Murray Esq" thirty
shillings each and to Moses Marcey Esq'' One pound four shillings,
being Four pounds, four shillings in full of the Accounts mentioned
in the Petition : And that the same be added to the Province Tax
on South Brimfield the present year. \^Passed June 12.
Legislative
Records of the
Council,
xxvii., 46.
Mass.
Archives, xlv.,
4S7.
House Jour-
nal, pp. 20, 36,
47.
CHAPTEE 30.
ORDER ALLOWING £6 TO REV. STEPHEN BADGER.
Orderd that the Sum of Six pounds be paid out of the publick
Treasury to the Kev^ M'' Stephen Badger of Natick for the Charge
he has been or may be at in supporting any of the poor Indians of
Natick he to be accountable therefor to this Court. \^Passed Ju7ie 12.
[1st Sess.] Province Laws {Resolves^ etc.). — 1767-68. 241
CHAPTEK 31.
RESOLVE IMPOWERING THE GENERAL SESSIONS TO HEAR AND DETER-
MINE QUESTIONS IN REGARD TO LAYING OUT A CERTAIN ROAD.
A Petition of David Shaw and Bernard M'^Nitt of Palmer Set- Legislative
ting forth That a Road hath been laid ont through their Lands councif, "* ^'^^
and established by the Sessions greatly to the damage of the Peti- ^^^gg'**^'
tioners, altho' a more convenient Road thro' the Town has been Archives,
lately amended. That they, ignorant of the Law did not apply in ^^^^''^^''
season for a Jury to be sent out on said Road : And praying that Archives,
they may be still indulged with that priviledge, their omission not- "^xi., 454.
withstanding. nai, pp. 37, '
[Read and] _ 45 6is.46.
Resolved that the Prayer of this Petition be granted and that the
Justices of the Court of General Sessions of y® Peace for the County
of Hampshire at the next Term of Said Court upon Application
made by the Petitioners be & hereby are impowered to hear and
determine all matters respecting the Laying the Road on the Peti-
tion Mentioned and Shall & may Enquire of all Matters relative
thereto & in the Same manner as they might have done by Law at
the Term next after the Return of the Laying of Said Road. [^Passed
June 12.
CHAPTER 32.
RESOLVE DISCHARGING THE DISTRICT OF PALMER OF £174. 16.
A Petition of William Scott in the name & behalf of the Dis- Legislative
trict of Palmer Setting forth That the General Court passed an ^^^^^c'lf ''* *^®
Order in March last for the Treasurer to prepare a List of debts xxvu., 48.
due to the Government in the late Treasurer Foye's days; in which Archives,
List is £174.16 lawful money due from the said District for Taxes cxviii., 274.
in 1742 & 1749 which they had no expectation of paying, as there Mass.
was no Law till 1751 to levy and collect the said Taxes, nor was cxvui., 272.
any rate given them till then, whereby to levy any Taxes but upon nai^pp^sT^^is.
unimproved Lands. And praying relief. Province '
I"-) -I p J-jSiWSj 111., oyy,
Keacl & chap. 15. Ante,
Resolvd that the Prayer be granted & the said District of Palmer g)';^ ^' *^^*P'
be & hereby is dischargd of the Sum of One hundred & seventy four
pounds Sixteen shillings mentiond in the Petition. \^Passed June 13.
CHAPTER 33.
RESOLVE IMPOWERING SHARP FREEBORN AND ESTHER HIS WIFE,
INDIANS, TO SELL LAND AND MAKING PROVISION IN REGARD TO
THE PROCEEDS.
A Petition of Sharp Freeborn of Paxton & Esther his Wife Legislative
daughter of Peter Lawrence of Grafton Indian planter deceased Set- gouncif ^*
ting forth That he the said Sharp is Owner of about thirty Acres of xxvii., 49.
242
Province Laws {Resolves, etc.). — 1767-68. [Chap. 34.]
House Jour-
nal, pp. 43, 48,
49. Province
Laws, xvil.,
269, chap. 104.
Land with a House and Barn & considerable improvements thereon;
for which he is in debt about forty pounds to M^ Timothy Barrett
of said Paxton for securing whereof he hath mortgaged the said
Estate. That the said Esther hath had set off to her as her part
of her Fathers Estate twenty two acres of Land, valued at Forty
pounds, but which would Rent for no more than twenty six shil-
lings & 8*^ (^ Annum and lyeth at a distance from the Land of the
said Sharp. And praying that they may be impowered to sell the
said 23 Acres in order to discharge the forementioned Mortgage.
Read and
Resolved That the prayer of this Petition be granted ; and the said
Sharp and Esther are hereby impowered by and with the consent
and under the direction of the Guardians of the Hassanamisco
Indians to sell the aforementioned twenty two Acres of Land, the
said Esther's third or share in her Father's Estate for the most the
same will fetch, and make and Execute a good & sufficient deed or
deeds thereof; Always provided the proceeds thereof shall be applied
to the disharging of the Mortgage mentioned in this Petition, and
the overplus, if any be, shall remain in the hands of the said Guar-
dians for the benefit of the said Sharp and Esther: Provided also
that when the said Mortgage shall be discharged, the said Sharp
shall, and he hereby is impowered to execute a deed of Release to
the said Guardians of the Land whereon he now dwells in Paxton
in trust for the benefit of said Esther, and the Heirs of the said
Esther after the decease of the said Sharp. [Passed June 13.
CHAPTER 34.
RESOLVE IMPOWERING ROW HAYDEN AND ELIZABETH HIS WIFE,
GUARDIANS, TO SELL REAL ESTATE AND MAKING PROVISION IN
REGARD TO THE PROCEEDS.
Legislative
Records of the
Council,
xxvii., 50.
House Jour-
nal, pp. 39, 49.
Province
Laws, ii., 151,
chap. 10.
A Petition of Robert Hayden of Braintree & Elizabeth his Wife
as she is Guardian of her daughter by a former husband Elizabeth
French a Minor under six years of age Setting forth That the
said Minor with other Heirs was interested in the Estate of her
Grandfather Benj^ French late of Braintree dec*^ that upon the divi-
sion of said Estate so much more than the Minors share was assigned
to her by the Judge of Probate, as that she is ordered to pay the
other Heirs for owelty of Partition the Sum of Sixty six pounds.
That the said Minor owns about 3% Acres of Land in Braintree,
which came to her from her father, and will sell for near enough
to pay said sum & will be much more convenient to be Sold than
any part of the Estate which came from the Grandfather. And pray-
ing, by advice of the Judge of Probate, that they may be enabled
to make Sale of the said 3% Acres of Land for the Sole use and
benefit of the s^ Minor the proceeds to be api^lied as aforesaid.
[Read and]
Resolved that Robert Hayden and Elizabeth his Wife Guardians
to Elizabeth French a Minor, be, and hereby are impowered to
make Sale of the three Acres & three quarters of Land in Braintree
belonging to said Minor mentioned in their Petition, and to make
and execute a good deed or deeds of sale thereof to the purchaser
or purchasers, they attending the directions of the Law for the Sale
of Real Estates and give caution to the Judge of Probate for the
[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 243
County of Suffolk that the proceeds of the said Sale, so much
thereof as may be necessary, be employed for payment of the Leg-
acies mentioned in the Petition ; and the overplus if any be, to be
used for the benefit of the said Minor. [Passed June 13.
CHAPTER 35.
RESOLVE ALLOWING £9. 1. 2 TO SAMUEL BROWN.
A Petition of Samuel Brown of Stockbridge Setting forth That Legislative
in the year 1753 by virtue of a Warrant from Joseph Dwight & David councif,**
Ingersoll Esq" he, as Deputy Sheriff of the County of Hampshire Mal"''^^'
went in quest of certain Rioters who at Tauconick had destroyed Archives, vi.,
the House and Cornfields of Josiah Loomis, and taking proper -^
assistance with him as he was ordered, did then and there appro- na^pV-^M^.
hend the Bodies of Robert Vandusen and John Vandusen, & them Laws'^xv*"^
did commit to the Goal in Springfield, soon after which they were chap. 107. '
bailed, but not appearing their Bonds were forfeited ; yet for certain
Reasons, the Governor gave Orders for suspending the suing of said
Bonds by which means he hath not been paid the charge he was at
for himself and assistants; And praying an allowance.
[Read and]
Resolvd that the Prayer of the Petition of Samuel Brown be
granted & that the Sum of Nine pounds one shilling & two pence
be paid to him out of the jDublick Treasury for his own time &
Expence & to enable him to pay the Assistants mentioned in the
Petition. [Passed June IS.
CHAPTER 36.
RESOLVE IMPOWERING REV ELI FORBES TO CLOTHE AND EDUCATE
THREE INDIAN CHILDREN.
Resolved that Rev*^ Eli Forbes of Brookfield be and he hereby is Legislative
Impowered and Directed to procure three Indian Children of the councff °**^*
Six nations viz Two males and one female and bring them to his xxvu., 51.
Dwelling house in Brookfield to be Instructed in the English Lan- Archives,
gwage Reading writing and the way of Civil life and Especially in xxxm., 424.
the Knowledge & practice of Christianity the Expence whereof to Archives
be paid out of the Intrest of the Donation of the Late S"" Peter xxxiii.,4'23.
Warren Decs*^ for that purpose and the said M'^ Forbes Shall pro- naTpp^49r50-
cure the Said Children Cloathing and Bring them to Brookfield £awi"^|i' ^
upon as easy and frugal Terms as he reasonably Can and after they chap.'i28. ''
shall arrive that he shall Cloath, Support and Instruct them as
afores*^ at the Rate of Ten shillings ^ week for Each Child the first
year and that he Keep a fair account of His Expences In procuring
Cloathing, and Supporting & Instructing Said Children which shall
within one Year be laid before this Court and [that] ' the Province
treasurer be and he is hereby Directed to pay out of the Said Intrest
to the Said M' Eli Forbes the Sum of Forty pounds In advance for
the purposes afores"^ he the Said M' Forbes to be accountable for
the same. [Passed June 13.
' Inserted from Legislative Records of the Council, xxvii., 52.
244
Province Laws {Resolves, etc.). — 1767-(i8. [Chaps. 37-311.]
CHAPTER 37.
RESOLVE GRANTING TO TILLEY RICE LICENCE TO KEEP AN INN.
Legislative
Records of the
Council,
xxvU., 53.
Mass.
Archives, cxi.,
558.
Mass.
Archives, cxi.,
5.57. House
Journal,
pp. 41, 47, 51.
A Petition of Timothy Dwight Esq'' in behalf of M' Tilley
Rice Setting forth That the said Tilley Rice is removed from
keeping a House of public Entertainment at Springfield to the
House where Cap' Buckminster had for many years kept a Tavern
in Brookfield. That said House is a very convenient Stage for Trav-
ellers, lying at the parting of two great Roads; that the Court of
Sessions for granting Licenses in the County of Worcester will not
sit till the third Tuesday in August next. And praying that this Court
would impower him to carry on the said business in the mean time.
Read &
Resolved that the prayer of the petition be granted & that the
within named Tilly Rice be & hereby is Licensed to keep a House
of publick entertainment in Brookfield in the House where he now
lives until the Next Term for granting Licenses in the County of
Worcester he first obtaining the approbation of the Select men of
the S** Town of Brookfield and Recognizing before two Justices
of the peace in S"^ County Quorum Unus in the Sum of Ten pounds
to keep good rule & order in his House. \^Passed June 15.
CHAPTER 38.
ORDER ALLOWING PELEG WISWALL FURTHER TIME TO RETURN A
PLAN OF LAND GRANTED HIM.
Legislative
Records of the
Council,
xxvii., 56.
House Jour-
nal, P11. 44, 55.
Ante, p. 45,
chap. 86.
A Petition of Peleg Wiswall of Boston setting forth That on
the 5* of June 1765 ' the Great and General Court made him a
Grant of 500 Acres of the unappropriated Lands of the Province,
He to return a plan thereof in twelve months; But that by reason
of his great age and infirmities he hath omitted laying out the said
Land. And praying for further time.
Read and
Ordered That the Petitioner be allowed the further time of twelve
months from this time to return the Plan mentioned in the Peti-
tion. \_Passed June 16.
CHAPTER 39.
RESOLVE CONFIRMING THE PROCEEDINGS AT THE TOWN MEETING IN
BERKLEY.
Legislative
Records of the
Council,
xxvii., 56.
House Jour-
nal, pp. 39, 57.
A Petition of the Selectmen of Berkley setting forth That in
the month of March last the Town met and chose the several Town
Officers by Law required, who accordingly qualified themselves and
entered upon their respective Offices. That the Warrant for calling
said meeting tho' signed by three Selectmen yet had but one Seal,
whereupon a doubt has arisen respecting the legality of said Meet-
I See House Journal, p. 28 (1765) , but the grant was for 400 acres. — Ante, p. 4o, chap. 86.
[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 245
ing. And praying the intervention of this Court for establishing the
same.
Read &
Resolved That the Orders or Warrant mentioned in this Petition,
and all the transactions of the Town Meeting thereon, had ought
to be accounted and adjudged good and valid in Law, any supposed
defect therein for want of sealing notwithstanding. \^Passed June 16.
CHAPTEK 40.
RESOLVE IMPOWERING HENRY AND RUTH STILES, GUARDIANS, TO
SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE
PROCEEDS.
A Petition of Ruth Stiles of Hatfield Guardian to her two Sons Legislative
Oliver Kellogg and Russell Kellogg Minors Setting forth That ^^Xfi^«*"'®
some years since John Kellogg of Hatfield deceased by his last Will xxvii., 57.
devised to the said Minors certain Lands which will not come into Mass.
their Improvement till they arrive to the age of 21 years. That the 771? House""^*'
said Russell Kellogg is very solicitous to obtain a Liberal Education, Journal, pp. 12,
and hath already made a considerable proficiency in Learning. And
having no other means to support the Charge, Praying that this
Court would impower some suitable person to make Sale of so much
of the said Lands as shall be requisite for the purpose aforesaid.
[Read and]
Resolved That Henry Stiles and Ruth Stiles Guardians to Oliver
Kellogg and Russel Kellogg Minors be, and they are hereby impow-
ered to make sale of so much of tlie Real Estate belonging to the
said Minors as shall amount to a Sum not exceeding One hundred
pounds and to make and execute a good deed or deeds of the same
to the purchaser, or purchasers, they the said Henry and Ruth giv-
ing Bond to the Judge of Probate for the County of Hampshire that
the proceeds of said Sale be employed for the use and benefit of the
said Minors. \^Passed June 16.
CHAPTER 41.
RESOLVE MAKING PROVISION FOR 27 RECRUITS OF THE 14™ REGIMENT.
His Excellency the Governor having by a Message of the Legislative
28 May last acquainted the House of the arrival of Twenty seven counc*if, *"* *^^
Recruits under the command of Ensign Dalrymple of his majesty's xxvii., 57.
1-4"^ Regiment of Foot now at Halifax, and having desired that the Legislative
House would take Order that proper Provision might be made for counc'if,*'**^^
them. xxvii., s.
Resolved That such provision be made for these Men while they nai, p. 56.
remain here, as has been heretofore usually made for his majesty's
Regular Troops when occasionally in this Province, and that the
Commissary General be, and he hereby is directed to see that this
Resolve be put in execution. \^Passed June 16.
246
Province Laws {Besolves, etc.). — 1767-68. [Chaps. 42-44.]
Legislative
Records of the
Council,
xxvii., 103.
House Jour-
nal, pp.10, 13,
25.
CHAPTER 42.
RESOLVE ALLOWING 27/ TO SAMi- DENNY.
A Petition of Samuel Denny of Leicester Setting forth That
he was recognized to appear at the Superior Court at Taunton in
1765 as a Witness in the case of one Henry Grossman then a Prisoner
in Taunton Goal for Theft, who was found guilty and afterwards
pardoned. That the Petitioners place of aboad is seventy miles from
Taunton and that he hath received nothing for his Travel & attend-
ance. And praying an Allowance.
[Read and]
Resolved that the Sum of twenty seven shillings be allowed & paid
out of the public Treasury, to Gap"- John Brown for the use of the
Petitioner in full for his Travel and attendance as within mentioned.
\^Passed June 16.
Legislative
Records of the
Council,
xxvii., 58.
House Jour-
nal, pp. 49, 57.
CHAPTER 43.
RESOLVE IMPOWERING SAMUEL AND JOHN DUTCH TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Samuel Dutch and John Dutch both of Dan-
vers Setting forth, That their Father Samuel Dutch died in the
year 1752 leaving four Ghildren, two of which are daughters &
minors, That their Fathers whole Estate, except Household Goods
consisted of a Dwelling house, a Saw mill, Grist mill and about
twenty acres of Laud all lying in Ipswich: That in March last the
Grist Mill fell down & is iutirely destroyed. That the Saw Mill and
dwelling house are so gone to decay that there is little like to be
left besides the Land when the youngest daughter shall come of
age. And praying that they may be impowered to make Sale of the
said Estate for the use and benefit of the Heirs.
[Read and]
Resolved That Samuel Dutch and John Dutch of Danvers be, &
they are hereby impowered to make Sale of the Dwelling House,
Saw Mill and Grist Mill and twenty Acres of Land lying in Ipswich
which belonged to their Father Samuel Dutch deceased for the most
the same will fetch, and to make and execute a good deed or deeds
of the same to the purchaser or purchasers, they giving Bond to the
Judge of Probate for the County of Essex that the produce of said
Sale, so much thereof as by Law belongs to their Sisters Mary &
Mehitabel, Minors, be put out on Interest, and tliat the said Samuel
and John pay the same to them when they come of age or time of
Marriage. {^Passed June 17.
Legislative
Records of the
Council,
xxvii., 59.
Mass.
Archives,
xxxiii., 425.
House Jour-
nal, pp. 56, 59.
Province
Laws, xvii.,
360, chap. 305.
CHAPTER 44.
VOTE CHOOSING A GUARDIAN FOR THE PUNCAPOG INDIANS.
The TWO Houses according to Agreement proceeded to the Choice
of a Person to be Guardian of the Puncapaug Indians, in the room
of Joseph Billings who desired to be excused from that Service And
the Votes being collected & sorted, it appeared that Jonathan Capen
was chosen by a great Majority. \_Passed June 17.
[IsT Sess.] Province Laws (Hesolves, etc.) . — 1767-68. 247
CHAPTER 45.
RESOLVE ALLOWING £4 ANNUALLY FOR FOUR YEARS TO W" COVELL.
A Petition of William Covel of "Wellfleet in the County of Barn- Legislative
stable Setting forth That he hath been five times in his Majesty's c^nclr,*''*''®
Service and contracted such a lameness therein, that he is become xxvii., 60.
incapable of getting a livelihood; that his only Son did also serve Mass.
thro' four or five Campaigns, but is now dead, and the Petitioner ixxxjeii.
being upwards of sixty three years of age, is destitute of Relations j^ai^ppfa^^^g
to help him. And praying for Relief from this Court. eo. '
[Read and]
Resolved That there be paid out of the public Treasury to the
Selectmen of Welfleet the Sum of four pounds annually for the
space of four years by them to be employed for the support of Wil-
liam Covel a person wounded in the Province service and now a
cripple; said Grant to cease at the death of said Covel in case it
should happen before said four years be expired. \_Passed June 17.
CHAPTER 46.
RESOLVE ALLOWING £40. 1. 8 TO W^ THAYER.
A Petition of AVilliam Thayer of Mendon setting forth That Legislative
he being Captain of a foot Company in Mendon, was, pursuant to councu^ °* ^'^^
two Acts of this Government made in 1758 & 1759 obliged to fur- fials**'^^'
nish out of his Company a certain Quota of Men, for which purpose Archives,
the Government granted a Bounty and made provision that in case ^''^^^'' ^^'
the Men did not inlist by a certain time they should be impressed. Archives,
and made further provision that a Sum not exceeding £13.6.8 <© ixxx., 64i.
JclousG Jour*
man should be employed in behalf of the people called Quakers to nai,pp.57,59.
hire their proportion of Men in case there should not be enough La^sl^iv., 159,
raised by inlistment: That the Petitioner, finding the Province f^o^-^' ^oi'
Bounty insufficient to engage the Men, advised with other Officers ; '
and thereupon proj)osed to his Company to contribute a Sum in
addition thereto in order to obtain the Men by inlistment, who
readily agreed to it; and one George Aldrich agreed the same in
behalf of the Quakers, and so the Men were inlisted : Yet the Quakers
afterwards refused to pay anything because the men were inlisted
and not impressed ; whereupon a Suit has been commenced, and the
Petitioner adjudged to pay damages and Costs. And praying relief.
Read &
Resolvd that the Sum of forty pounds One shilling & Eight pence
be paid out of the publick Treasury to the Petitioner William Thayer
in full Consideration for the Expence & trouble he has been put to,
by means of the Suit brot against him as mentiond in his Petition.
[Passed June 17.
248
Province Laws {Resolves, etc.). — 1767-68. [Chaps. 47, 48.]
CHAPTER 47.
RESOLVE IMPOWERING TIMOTHY WOODBRIDGE TO SELL LAND AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council,
xxvil., 67.
House Jour-
nal, pp. 33, 47,
62, 63.
A Petition of Timothy Woodbridge of Hatfield Clerk Setting
forth That Col° Joshua Lamb late of Roxbury deceased by his
last Will and Testament, among other things devised to the Peti-
tioner during his life, and at his decease to the Petitioners Son
Joshua Lamb Woodbridge a Minor, and in want of issue to the
last mentioned person, to be to the Petitioner and his Heirs, a cer-
tain Tract of Land lying in Roxbury a little West of the Meeting
House containing about ten Aces. And inasmuch as the said Land
is very unprofitable, and as the Petitioner has an opportunity to
purchase Lands of three times the value with the money it would
produce ; Praying that he may be impowered to make sale of the
said ten Acres and vest the produce in other Lands.
[Read and]
Resolved That the Petitioner Timothy Woodbridge be and hereby
is impowered to make Sale of the Land mentioned in his Petition,
and to make and execute a good deed or deeds of the same to the
purchaser or purchasers, & that the money arising by the said Sale
to be laid out in Lands, and the Lands so bought shall be »& remain
to the same Uses, and no other, than those to Avhich the said Land
hereby ordered to be sold were settled & disposed by virtue of the
last Will and Testament of Joshua Lamb deceased mentioned in
the Petition. And that the Petitioner give Bond to the Judge of
Probate for the County of Hampshire that the said money be so
applied. \_Passed June 18.
CHAPTER 48.
RESOLVE DIRECTING JOSEPH HAWLEY TO MAKE REPORT FOR A CER^
TAIN COMMITTEE.
Legislative
Records of the
Council,
xxvli., 68.
House Jour-
nal, pp. 44, 58,
59. Province
Laws, XV., 314,
chap. 365.
The FOLLOWING Resolve passed on the petition of David Inger-
soU of Great Barrington, in regard to the purchase of a tract of
land from a committee of the General Court, two of whom died
before the committee made report '
Whereas Joseph Dwight, Joseph Hawley & John Choate Esq"
were in the month of April 1755 appointed a Committee to make
Sale of the Right, Title and Estate of this Province for all the
Lands West of Sheffield and Stockbridge, and to make Report to
the General Court at the then next Session of their doings thereon.
And it doth not appear that said Committee have as yet made any
Report; and the said Joseph Dwight and John Choate Esq" two
of said Committee being now deceased Therefore
Resolved That Joseph Hawley Esq'' the sole survivor of said Com-
mittee be and he hereby is directed to make Report to this Court
as soon as may be of the doings of the Committee aforesaid. \^Passed
June 18.
' See Legislative Records of the Council, xxvii., 68, and the House Journal, p. 44.
[1st Sess.] Province Laws {Resolves^ etc.). — 1767-68. 249
CHAPTER 49.
RESOLVE REMITTING TO THE TOWN OF HOPKINTON £9 FINE FOR NOT
SENDING A REPRESENTATIVE.
A Petition of Joseph Mellen Agent for the Town of Hopkinton Legislative
Praying tliat in consideration of their poverty, and the Expence councif *^* '^^
they have hitely been at in supporting their poor, in repairing their xxvii., 69.
meeting house and in building a School House, a Fine of Nine pounds House Jour-
laid upon them the last year for not sending a Representative may ^t'^roli^e
be remitted them. ^^u^.X^'d^'
cnap. t), •sTii,
[Kead and J note.
Resolved That there be allowed and paid out of the public Treas-
ury to Joseph Mellen Agent for the Town of Hopkinton the Sum
of Nine pounds, the said Town being fined that Sum for not send-
ing a Representative to the General Court the least year. \_Passed
June 18.
CHAPTER 50.
ORDER ACCEPTING REPORT OF THE COMMITTEE ON NEW HAMPSHIRE
LINE AND DIRECTING THEM TO SEND FOR TESTIMONY IN REGARD
TO THE RUNNING THEREOF.
The Committee appointed to take into consideration M' Jack- fe^sisiative
Ti, f ,^ -.^^oT 1, T • ,ji IV ' r.TiT Eecords of the
sons Letter or the "21°- oi January last relating to the anair of JNew council,
Hampshire Line, and to prepare Instructions to M'' De Berdt rela- MalsV' ^^*
tive thereto, report That having fully examined the evidence relat- ^^^^^^^'^-^
ing to this Province proceeding in the settling of the said Line no ' '.
evidence appears that application has been made to Walter Bryant Records of the
Esq'' who ran that Line in 1741 to give his Testimony relative thereto, 472^498 -/xxvu.'
which to your Committee appears necessary to be had, as also an 9.25. House
evidence from Cap' Gowing who was concerned in that affair in Ante,-p.'-m,
behalf of this Province; and your Committee is humbly of opinion, chap. 204.
that it is of so great consequence that an Express be sent as soon
as may be in order to procure the Testimonies aforesaid.
All which is submitted Benj^ Lincoln ^ Order
Read & accepted &
Orderd that the said Com* be directed forthwith to send an Ex-
press with proper Directions to some suitable person for the pur-
poses mentiond. \_Passed June 18.
CHAPTER 51.
RESOLVE ALLOWING £11. 3 TO THE DISTRICT OF EGREMONT.
A Petition of Timothy Kellogg, Samuel Colver and Ephraim Legislative
Eitch Selectmen of Egremont Setting forth That the said District counctr**^^
lyes adjoining to Nobletown claimed by New York ; and as the Line ^,^^"- "^3-
between the two Governments is unsettled, sundry Inhabitants of Archives, vi.,
Egremont have suffered in the late disturbances in those parts, and ^^^- .
the whole Town kept in Alarm for the space of six Weeks, whereby Archives vi
250
Province Laws {Resolves, etc.). — 1767-68. [Chaps. 52, 53.]
340. House
Journal, pp. 15,
66. Ante,
p. 216, chap.
222; p. 238,
chap. 25.
Legislative
Records of the
Council,
xxvli., 34, 74.
Legislative
Records of the
Council, xxvi.,
383; xxvil., 60.
House Jour-
nal, pp. 33, 48,
60, 66. Ante^
p. 218, chap.
224.
they have been greatly hurt in their Crops: That they have been
the last year engaged in building a meeting house; besides which
they have been obliged to furnish their Friends & neighbours at
Nobletown with necessaries in the time of their distress. And pray-
ing an allowance of their Account for the articles last mentioned,
and an abatement of their Province Tax in consideration of their
own sufferings.
Read &
Resolvd that there be allowd & paid out of the publick Treasury
the Sum of Eleven pounds three Shillings to M"' Ephriam Fitch for
the Use of the District of Egremont in full Discharge of the Ac-
count given in to this Court by the Selectmen of Egremont aforesaid.
{^Passed June 19.
CHAPTER 52.
ORDER IMPOWERING SAM^- WHITE TO DEFEND HIMSELF AGAINST AN
ACTION.
A Petition of Samuel White of Dedham praying that he may
be allowed to appear and defend an Action commenced against him
by David Fisher, his default notwithstanding.
Read And
Ordered that the Petitioner have liberty to defend himself against
the Action in said Petition mentioned at the next Inferior Court
of Common pleas to be held at Boston within and for the County
of Suffolk on the second Tuesday of July next; and that the Jus-
tices of said Court be impowered to receive and admit the Petitioners
pleas and give Judgment thereon accordingly, the default mentioned
in said Petition notwithstanding. Provided the Petitioner give suffi-
cient security to the Sheriff of the County of Suffolk to pay such
Sum or Sums of Money as shall finally be recovered against him,
and that the said Samuel White Serve the said David Fisher with a
Copy of this Order fourteen days before the sitting of said Court.
\_Passed June 19.
CHAPTER 53.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLE-
SEX COUNTY.
Legislative
Records of the
Council,
xxvii., 76.
House Jour-
nal, pp. 9, 56.
An Account of James Russell Esq'' Treasurer of the County of
Middlesex being laid before the Court for allowance, the following
Order passed thereon viz'
Resolved That the within Account being right cast and well
vouched, be allowed : And that the Treasurer be discharged of the
Sum of Five hundred and ninety seven pounds, six shillings and
11*^% which he has paid by order of the Court of Sessions, and that
he be further accountable for the Sum of Seventy eight pounds,
seventeen shillings and five pence one farthing a balance still due
to the County. \^Passed June 19.
[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 251
CHAPTEK 54.
KESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK
COUNTY.
An Account of Joshua Henshaw Esq'' Treasurer of the County Legislative
of Suffolk was laid before the Court for allowance whereupon the couucif, °* ^''^
following Order passed viz' x^v\\.,ii.
Resolved That the within Account, being right cast and well House Jour-
vouched be allowed; and that the Treasurer be discharged of the 63.*^^' ' '
Sum of Sixteen hundred and sixty nine pounds, eighteen shillings
3^4 which he has paid by order of the Court of Sessions, and that
there is due to said Treasurer from the County two hundred eigh-
teen pounds, eighteen shillings and three pence % and that there
is out standing in Taxes yet unpaid the Sum of Sixteen hundred
and ninety two pounds, fourteen shillings and eleven pence, for
which the said Treasurer is further accountable when he shall re-
ceive the same. \^Passed June 20.
CHAPTEK 5b.
RESOLVE IMPOWERING SETH HAMBLEN, EXECUTOR, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Seth Hamblen Executor of the last Will and Tes- Legislative
tament of Southward Hamblen late of Barnstable deceased Setting counc*if ^'^ ^'^^
forth That the deceaseds personal Estate is insufficient to pay his xxvii., k.
Just debtfe which amount to £102.1 more than his said Estate. And Legislative
praying that he may be impowered to sell of the deceaseds Keal councif, xxvif,
Estate to the amount and for the purpose aforesaid. jo^urnafp^p 59
[Eead and] 67,68.' Prov- '
Resolved That Seth Hamblen of Barnstable sole Executor to the u.^i5i,^chap.io.
last Will and Testament of Southward Hamblen deceased be, and
he is hereby impowered to make Sale of so much of said deceaseds
Eeal Estate as will amount to One hundred and two pounds one
shilling and cost of Sale, and make and execute a good deed or deeds
to the purchaser or purchasers thereof ; He attending the directions
of the Law respecting the sale of Real Estates by Executors & Ad-
ministrators; He first giving Bond to the Judge of Probate for the
County of Barnstable that the proceeds of said Sale shall be applied
to the discharge of the just debts of the said Southward Hamblen.
{^Passed June 20,
CHAPTER 56.
ORDER OF NOTICE WITH STAY OF ALL PROCEEDINGS ON THE PETI-
TION OF JNo NORTON IN REGARD TO CONFIRMATION OF LAND PUR-
CHASE.
A Petition of John Norton Esq' of Edgartown Agent for the Legislative
Proprietors of the Island of Chapaquidic within the said Town- counSf, ''^ ***®
ship Setting forth That their Ancestors purchased the said Island xxvii., si.
252 Province Laws (JSeso^ves, eic). — 1767-68. [Chap. 57.]
Mass. of the Indian Natives, that the Lands thereon together with other
cxviiiv^^^- Lands were confirmed to them by the Royal Charter, that they were
M^. ^Iso confirmed to them by Francis Lovelace Governor of New York,
■^^'11^^292 ^^^ after they were annexed to this Province, were confirmed by an
House'jour- Act or Law of this Province, all which confirmations were made
Provmce"'^^' according to their Grants or Letters Patent. That several petitions
chaT'i9J"403^' ^^^^® ^^ ^^^® years been preferred to the General Court by the pro-
chap! 53; '542,' prietors to have the said Lands set off to the purchasers, which have
chap. 76. \)QQii referred to a Committee who have agreed to report, which Re-
l^ort they pray may not be accepted till the Proprietors have had
a hearing tliereon. And further praying that the Lands purchased
of the Lidians may be confirmed to the Proprietors, they paying
their proportionable part of the purchase money, and that this
Court would interpose for the welfare of the said propriety.
Read &
Orderd that the Proprietors of the said Island both English &
Indian be notifyd of this Petition by the Petitioner, by serving them
with a Copy of the same to shew Cause on the second Thursday of
the next Session of this Court why the Prayer should not be granted
& that in the mean time all Proceedings in the General Court &
at the Common Law Courts relative to Chappoquideck be stayd.
{Passed June 20.
CHAPTEK 57.
RESOLVE IN REGARD TO THE PROVINCE HOSPITAL AT WEST PART OF
BOSTON.
Legislative Whereas a good & Convenient House hath been provided at the
councif,*' Charge of the Province at the West part of Boston for the Recep-
Mal"''^^' tiou of such persons as shall be Visited with Contagious Sickness,
ArciuYes, _ which was Suppos'd & intended to be put under the Care and Reg-
ixxxvu.,3.2. ^^i^^Jqjj Qf ^jjg Select Men of the Town of Boston, in the same way
miT^^e:'.^^' & manner as the Hospitall at Rainsford Island is by Law under
P^ovmce ^^ \\\q\x Care and Management, and whereas the Select Men of said
chap. 8.'* ' Town have ever since acted agreeable thereunto which in Conse-
quence of their Care under Providence hath at sundry Times been
the means of preventing the Small Pox spreading in said Town, &
thereby of preventing spreading the same into the Country Towns
which would have been of fatal Consequence, & whereas the power
of said Select Men relative thereto hath of late been Call'd in ques-
tion, Therefore
Resolved that the Select Men of said Town for the Time being
be & hereby are vested with the same power Right & Authority
with Respect to said Province Hospitall in said West part of Bos-
ton as by Law they are Vested with, with Respect to the Hospitall
on Rainsford Island till the further order of this Court. \^Passed
June 20.
[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 253
CHAPTER 58.
RESOLVE ALLOWING £250 TO THE COMMISSARIES FOR SETTLING THE
LINE WITH NEW YORK.
This Court having at their sessions in March last made choice Legislative
of the Hon"'"^ Thomas Hutchinson Esq., The Hon William Brattle S.clr**^*
Esq' and Edward Sheaf Esq', Commissarys, to Settle the Line xxvu., ^3.
between this Province & that of New York, in conjunction with Archives, vi.,
such as may be Chosen by the Government of New York ^^
Resolved that there be paid to the Said Commissarys, out of the na°"p^69*^'
Publick Treasury the Sjim of Two hundred *& fifty pounds, to enable in<e,p. -in,
them to discharge the Important Trust, to which they are Appointed, '^^^^' '^^^"
They, upon their return to be accountable for the Same. \^Passed
June 20.
CHAPTER 59.
ORDER ACCEPTING AND CONFIRMING A PLAN OF THE BOUNDARY LINES
OF BIDEFORD, SCARBORO' AND FALMOUTH.
Whereas there was a Plan taken of several Townships by John Legislative
Brown Esq"' Surveyor by order of a Committee of this Court in 1763 counclf ''^ *^^
viz*^ of Narraganset N° 1, Pearsontown N° 7, with the Lines of Bide- xxvii., 83.
ford, Scarborough and Falmouth as run by said Committee, which Maps and
Plan is mislaid or lost; & an Order thereupon passed this Court in xiv., 6. House
their present Session, that the said John Brown take an exact Plan ^°^^^' ^^'' ^*'
of said Townships, and running said Lines of said Bideford, Scar- Proyince
borough and Falmouth from his Field Book or Journal, and make i47rchaV.345;
Oath to the same; in consequence of which Order of Court the said ^^nte^vfi^^'
John Brown hath returned the within Plan, by which Plan it appears i^iiap'. 3.
that the Boundary or Head Lines between the Towns of Falmouth
& Scarborough, Bideford and the Plantation called Narraganset N° 1
& N° 7, called Gorhamtown are as followeth Begining at a maple
tree standing fifteen Rods below Inkhorn brook, and from thence
runs South 23'^ 30 M East 2 Miles & 226 Rods to a Spruce marked,
which stands in the dividing Line between Falmouth & Scarborough ;
from thence South 63 degrees West 915 Rods to a large Hemlock
standing in the Line between Narraganset N° 1 & N° 7 called Gorham-
town ; from thence South 63 degrees West as aforesaid 430 poles to
a Beach Tree which stands in the dividing Line between Scarbor-
ough and Bideford; and from thence Southwest 1,210 Rods to a
maple tree standing near or on the Banks of Saco River.
Ordered That the said Plan be accepted in lieu of the first men-
tioned Plan; and it is hereby declared, that it shall have the same
force and effect as the first mentioned Plan ever had or could have
had to all intents and purposes whatsoever. [^Passed June 22.
254 Province Laws (JResolves, etc.). — 1767-68. [Chaps. 60, 61.]
CHAPTER 60.
ORDER REFERRING THE PETITIONS OF W" KELLOGG IN REGARD TO
LOSSES OF INHABITANTS OF NOBLETOWN.
Recordsof the ^ PETITION of William Kellogg Agent for the plantation called
Council, _ Nobletown Setting forth That in the late disturbances at said place
Mass."' ''^' ^' the Inhabitants suffered to the amount of about Two thousand pounds
Archives, vi., lawful money, besides other injuries and abuses committed by the
rr- people of New York, for redress whereof they have applied to the
Archives, vi., Governor of New York, but witliout effect. And praying the inter-
tfve R^cord^of positiou of this Court for their Eelief. •
the Council, The Committee on the Petition of William Kellogg Agent for
HouseJo'ur-" tlie Inhabitants of Nobletown reported That the said William
efVi.^'^nfe' li'ith laid before this Committee sundry Accounts of losses sus-
p-'i9«. chap.' tained by the said Inhabitants in the year 1766 as mentioned in
cha'p!'5i;p'.253. Said petition amounting in the whole to the Sum of Two thousand
chap. 58. ^^^Q hundred & tliirty one pounds, sixteen shillings of the currency
of New York; a List of wliich Accounts is hereto annexed, and all
of them except three Sworn to by the sufferers themselves as to
part of their losses and the residue of their losses apprized and
certified by persons under Oath supposed to be indifferent.
Yet inasmuch as the losses aforesaid have been occasioned by dis-
putes relative to the dividing Line between this Province and the
Province of New York and as Commissaries are now appointed by
both Provinces to .settle and determine the same: The Committee
are humbly of opinion that this Petition, and the other Petitions
of the said Inhabitants, by the said William Kellogg and others
their Committee, and the Petition of William Beavins and the
further consideration thereof be referred to the next sitting of this
Court. And that in the meantime Copies of these Petitions be made
out to the Commissaries aforesaid on the part of this Province, that
they may make any use thereof or motion thereon which they may
think proper in behalf of said Petitioners to the Commissaries on
the part of New York at the expected Interview between them.
Signed John Worthington ^ Order
Read and Accepted : And
Ordered That the Petitions therein mentioned be referred to the
next Sitting of this Court accordingly: and that the Commissaries
appointed in behalf of this Government to settle the Line with New
York be furnished with Copies of the said Petitions that they make
any Use thereof or Motion thereon which they may think proper
(in behalf of the said Petitioners) to the Comissaries on the part
of New York at the expected Interview between them. [Passed
June 22.
CHAPTER 61.
RESOLVE IMPOWERING JOS: WILLIAMS, ESQ«, AND OTHERS, TO SELL
LAND AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
legislative A PETITION of Joseph Williams Esq' of Roxbury in behalf of
Coupon, the Feoffees in trust for the management of the Free School at
xxvii., 86. ^j^Q Easterly part of said Town Setting forth That there are about
[1st Sess.] Province Laws (i?e.s'o?ves, ete.). — 17G7-G8. 255
ten Acres of Land belonging to said School at a place called Pond Archives
Hill in Eoxbury, which lyes remote from any Road and cannot be iviii.. 569.'
come at, but by sufferance, by reason whereof the Income of said House Jour-
Land is and must bo inadequate to the Sum they can now sell it ProvSw*^' "^'
for. And i)raying that they may be impowered to make Sale of said ^if^T/ nJ '"' ^^'
ten Acres of Land ; the monies tliereby arising to be improved at
interest until there shall bo oj'fportunity to vest it in other Lands.
[Read and]
ResoU'ed that Eleazer Williams »& Joseph Williams. Esquires
Mess" Samuel Gridley Daniel Williams Samuel Sumner John Wil-
liams & John Mears Jun"" Gent Feoffees in Trust for the Manag-
ment of the free School in the easterly Part of said Town of
Roxbury be and hereby are authorized & impowered to make Sale
of the Lands in the Petition mentioned for the Most the Same will
fetch & to give & Execute A good & Sufficient Deed or Deeds
Thereof to the Purchaser or Purchasers they Giving Bond to the
Town Treasurer of Roxbury and his Successor in said Officee * that
the money arising by said Sale Be put on Interest & the Interest
from Time to Time be applied to & for the Benefit of said Schooll
untill the s"^ Feoffees or Their Successors in Trust may have Opper-
tunity of purchasing other real Estate (with The principal arising by
s*^ Sale) more to the Advantage of said School which the s*^ Feoffees
are Hereby authorized & impowered to do. \_Passed June 22.
CHAPTEE 62.
RESOLVE ACCEPTING REPORT OF THE COMMITTEE ON THE PROVINCE
TREASURER'S GENERAL ACCOUNT FROM MAY 28, 1766, TO MAY 27, 17S7,
AND DISCHARGING HIM OF £289,560. 9. 8.
The Committee to whom was referred the examination of the Legislative
Accounts of Harrison Gray Esq"" Treasurer & Receiver General of counS°**^^
his Majesty's Revenues within this Province of the Massachusetts xxvii., ss.
Bay in New England begining the 28^^ of May 1766 ending the Legislative
. ~o ^ J _^o Records ol tbe
27 May 1767, having attended that Service; upon examining the council,
same find them right cast and well vouched; by which it appears House Joiir-
that the said Accomptant charges himself with the Sum of Eighty nai.pp. 25,74.
five thousand, one hundred thirty nine pounds, sixteen shillings
and five pence, being so much due for Taxes as represented by his
last Account. Also with the Sum of One hundred & four thousand,
nine hundred seventy one pounds^ sixteen shillings & eleven pence
the balance due by last Account : With the Sum of One hundred
ninety seven thousand pounds borrowed of sundry persons by virtue
of an Act passed in May last: With the Sum of Forty two thousand,
seven hundred eighty six pounds thirteen shillings & five pence a
Tax laid upon Polls and Estates by virtue of an Act of the General
Court passed in May 1766. Also with the Sum of Twenty two hun-
dred & forty pounds twelve shillings & eight pence received of sun-
dry persons on Account of Lands sold them. With the Sum of Eight
hundred pounds received of the hon^''^ Thomas Hubbard Esq'' Com-
missary General being the profits arising by the Indian Trade. Also
with the Sum of Ninety four pounds received of his honor Thomas
Hutchinson Esq'' for Goods plundered out of his House & returned.
With the Sum of One hundred fourteen pounds received of his
1 Sic.
256 Province Laws (i?eso^ves,ete.). — 1767-68. [Chap. 62.]
Honor Thomas Hutchinson Esq^ on account of the Ship King-
George. Also with the Sum of Five hundred twenty pounds, six
shillings & eight pence received of sundry persons for Excise on
Tea Coffee &c. Also with the Sum of Eleven thousand, seven hun-
dred and nineteen pounds, thirteen shillings and five pence received
of the Collectors of Excise on Spirituous Liquors. Also with the Sum
of Nine hundred eighteen pounds, seven shillings & three pence
received of AVilliam Story Esq'' being the Provinces proportion of
a Seizure of Molosses at Salem. Also with the Sum of Fifteen hun-
dred forty four pounds eight shillings and eight pence in part for
the Province Ship. Also with the Sum of Thirty four pounds ten
shillings and three pence received of Oliver Partridge Esq' the bal-
ance due from him as one of the Commissioners at the Congress at
New York. Also with the Sum of Three pounds, twelve shillings
received for Fines &c : With the Sum of Fourteen hundred, eleven
pounds, seventeen shillings & ten jjence received of the hon'''" James
Russell Esq'' Commissioner of Impost duties : All which Sums amount
to Four hundred forty nine thousand, two hundred ninety nine
pounds, fifteen shillings & six pence.
The Committee further find that the said Accomptant discharges
himself by sundry payments and disbursements by order of the Gov-
ernor and Council amounting to Twenty five thousand four hundred,
nineteen pounds, eight shillings and four pence. Also by Bills of
Exchange drawn on Jasper Mauduit Esq"" Avhicli were returned pro-
tested amounting to Seventeen hundred fifty three pounds, one shil-
ling & three pence. Also by Government Securities burnt by a
Committee of the hon^'® Court amounting to two hundred sixty
two thousand and forty five pounds, nine shillings & four pence.
Also by one years interest paid sundry persons amounting to Two
hundred seventy four pounds, six shillings and three pence. Also
by a remittance of Sixty eight pounds four shillings & six pence
on the Town of Middleborough. Also by Taxes still outstanding
amounting to Eighty two thousand five hundred forty two pounds,
eleven shillings and nine pence, and by balance in hand further to
account for Seventy seven thousand, one hundred ninety six pounds
fourteen shillings and one penny. All which Sums amount to in the
whole Four hundred forty nine thousand, two hundred ninety nine
pounds, fifteen shillings and six pence.
Read & accepted: And
Eesolved that the Treasurer be, and hereby is discharged of the
several payments in the foregoing Account amounting to Two hun-
dred & eighty nine thousand, five hundred and sixty pounds, nine
shillings and eight pence. Also that he be further accountable for
the Sum of Eighty two thousand, five hundred and forty two pounds,
eleven shillings and nine pence outstanding Taxes due from the sev-
eral Towns when received into the Treasury, & the further Sum of
Seventy seven thousand, one hundred ninety six pounds, fourteen
shillings & one penny balance in hand. \^Passed June 23.
[1st Sess.] Province Laws (Besolves, etc.). — 1767-68. 257
CHAPTER 6:K
ORDER ALLOWING £8 TO OSGOOD CARLETON.
A Petition of Osgood Carleton now of Nova Scotia Setting Legislative
forth That he was a Soldier in the pay of this Province in 1759 ^;i"?,'c*ir* ^""^
& 17G0 under Cap' Newhall; that his Lieu' in making up the Mas- xxvii./k
ter Roll by mistake charged him with a Gun for which Three pounds Archives,
was stopped out of his pay, whereas by his said Captain's Account ^-'^^^•» ^*^-
it appears that the Gun had been returned. That the Petitioner had ^rc^j^eg
been for five years last past out of the Province. And praying that ixxx., 644.
he may be allowed the Sum thus kept back. nai"pp.'6o"72.
"Rpnrl <^ Province
^^^'-^ <^ .1,0 Laws, xvi., 247,
Oi'cl&rd that there be paid out of the publick Treasury the Sum chap. 89.
of three pounds in full for a Stoppage of a Gun as set forth in the
Petition. [Passed June 23.
CHAPTER 64.
VOTE APPOINTING A COMMITTEE TO BURN GOVERNMENT SECURITIES.
In Council Legislative
Voted that John Erving Thomas Hubbard, Thomas Flucker, & councif," ' ^
Andrew Belcher Esq''^ with such as the hon*"'^ House shall join, be ^als"'^^'
a Comm® in the Recess of the Court, to repair to the Treasurers, Archives, civ.,
take an Account of y'* Prov*^ Securities, which may have been re- —
deemed by him, see them consumed to Ashes, & make report at the nai"pp/7*2j.s.
next sitting of the General Court.
In the House of Represent'"'
Read & Concurrd & M' Speaker M'' Otis Coll Williams M"" Han-
cock & M'' Adams are joynd. [Passed June 23.
CHAPTER Q5.
RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING
IN SUIT THE BOND OF OLIVER PARTRIDGE AND OTHERS.
A Petition of Oliver Partridge Esq' in behalf of himself and R|ford"J®the
the other Proprietors of the Township N" 2 in the County of Berk- Council,
shire which they bought of the Government in 1762. Praying that ^^^"•' ^^'
they may be allowed a further time to pay in what remains unpaid ^al^pp.'ss^Tg,
of the purchase money they paying interest therefor in the mean- "o- ' Province
, . '■ J J 1. J o Laws, xvn.,
time. 242, chap. 50.
[Read and] _ _ cHap'. ^^.''''
Resolved That the Province Treasurer be, and he hereby is directed
to suspend putting in suit the Bond given to this Province in the
year 1762 by Oliver Partridge Esq'' & his Associates for the purchase
consideration of the Township N° 2 in the County of Berkshire
until the further Order of this Court : Provided they the aforesaid
Oliver Partridge Esq' and his Associates forthwith pay or cause to
258
Province Laws {Resolves, etc. ). — 176 7-6 8 . [Chaps . 66,67.]
be paid to the Province Treasurer abovesaid the whole of the Inter-
est now due on said Bond; and also pay or cause to be paid the
interest thereof annually as it shall become due, otherwise to put
the same in suit the first Court next after such failure, the next
July Court in the County of Suffolk excepted. \_Passed June 24.
CHAPTER 66.
ORDER REFERRING THE PETITION OF JN" WORTHINGTON, ESQ«, AND
DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING IN
SUIT THE BOND OF MOSES PARSONS.
Legislative
Records of the
Council,
xxvli., 96.
House Jour-
nal, pp.47, 75.
Province
Laws, xvii.,
242, chap. 50 ;
338, chap. 255.
A Petition of John Worthington Esq"" in behalf of Samuel
Hitclicock, James Sikes and Moses Bliss, all of Springfield Setting
forth That in June 1762 one Moses Parsons of Middletown in Con-
necticut purchased of the Province the new Township N° 7 for
£875, and paid as Earnest the Sum of £20 and gave his Bond to
the Province Treasurer with Sureties for the remainder. That the
said Samuel and James with sundry others purchased of said Moses
Parsons rights in tlie said Township Purely with intent to make
Settlements thereon, and paid the said Moses for the same. That
there is a deficiency of 7,033 Acres by means of former Grants and
short measure, and the said Parsons being reduced in his circum-
stances the purchasers are in danger of losing their money and im-
provements. And praying a remission of a proportionable part of
the purchase consideration, or an equivalent for the deficiency, &
some indulgence with regard to the terms of settlement, as they
have been prevented from prosecuting of it by reason of the fore-
mentioned difficulties.
Read &
Ordered That the consideration of this Petition be referred to
the next Winter Session of this Court, and that the Treasurer be
directed to suspend the putting Moses Parsons's Bond in suit till
further Order of this Court. [Passed June 24.
CHAPTER 67.
RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING
IN SUIT THE BOND OF JOHN WALKER AND OTHERS.
Legislative
Records of the
Council,
xxvli., 1)7.
House Jour-
nal, pp. 62, 76,
77. Province
Laws, xvii.,
242, chap. 50;
327, chap. 233.
A Petition of John Murray Esq' setting forth That in Feb''
1764 John Walker and others of Hartford in Connecticut pur-
chased a Tract of Land of this Government lying in the County
of Berkshire for £800 for which Sum the Petitioner became bound
with him to the Province Treasurer, part of which is already paid
in, and that in three months time he expects to make a further pay-
ment so as to compleat the Sum of £500 And praying that they may
be indulged with further time for payment.
[Read and]
Resolved That the Province Treasurer be, and hereby is directed
to suspend putting in suit the Bond given to this Province in the
year 1762 by John Walker & others for tlie purchase consideration
of a Tract of Land lying in the County of Berkshire until the further
Order of the Court. Provided the aforesaid John Walker & his Asso-
[1st Sess.] Province Laws {Resolves, etc.). — 1767-68. 259
ciates forthwith pay or cause to be jiaid to tlie Province Treasurer
the whole of the interest now due on said IJond: and also pay or
cause to be paid the interest thereof annually as it shall become
due; otherwise to put the same in suit the first Court next after such
failure; the next July Court in the County of Suffolk excepted.
\^Passed June 24.
CHAPTER Q^S.
RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING
IN SUIT THE BOND OF NOAH NASH AND OTHERS.
Resolved that the province Treasurer be & he hereby is directed ^?'^|?''''f .^
to Suspend putting in Suit the Bond given to this province in y"^ council,
Year 1702 by Noah Nash & his Associates for the purchase Con- Mals."'^'^'
sideration of the Township N° 4 in the County of Berkshire (Until Archives, civ.,
the further Order of the Court) provided the aforesaid Noah Nash — ^
& his Associates forthwith pay or Cause to be paid to the province nai^ pp'. ti^'ii-
Treasurer the whole of the Interest now due on said Bond And n^Ti'^^.tii
also pay or Cause to be paid the Interest thereof Annually as it 242, chap^so.
Shall become due otherwise to put the Same in Suit the first Court chap'. 47." '
next after Such failure the Next July Court in the County of Suf-
folk excepted. \_Passed June 24.
CHAPTER 69.
RESOLVE ALLOWING THE PROVISION ACCOUNT OF THE COMMISSARY
GENERAL.
Thomas Hubbard Esq^ Commissary General laid before the Legislative
Court his Account of Provisions which having been previously councif, °* "^"^^
examined by Committees of the two Houses respectively, the fol- xxvii., 99.
lowing Order passed thereon viz' Legislative
Resolved that the foregoing account be allowed, and that the councif,*^
Commissary General be, and hereby is further accountable to the House Jour-
Province for seventeen Barrells of Pork and seven Bushels and nai, pp. 25, 77.
half of Pease. \^Passed June 24.
CHAPTER 70.
RESOLVE ALLOWING THE INDIAN TRADE ACCOUNT OF THE COMMIS-
SARY GENERAL.
Thomas Hubbard Esq^ Commissary General laid before the Legislative
Court his Account of Trade with the Indians which having been councif ^^ ^^^
previously examined by Committees of the two Houses respec- xxvii., ioo.
tively, the following Order passed thereon viz' Archives, cxx.,
Resolvd that the foregoing Account be allowd & that the Hon
ble 621.
Thomas Hubbard Esq"" Commissary General be & hereby is further ^^"if 77*"''
accountable to this Province for the Ballance being Two thousand supra, ciiap.
seven hundred & five pounds ten shillings & Eight pence one far- ^^'
thing. \^Passed June 24.
260
Province Laws {Resolves, etc.). — 1767-68. [Chaps. 71-73.]
CHAPTER 71.
RESOLVE ALLOWING THE GENERAL ACCOUNT OF THE COMMISSARY
GENERAL.
Legislative
Records of the
Council,
xxvii., 100.
House Jour-
nal, p. 77.
Stipra, chap.
70.
Thomas Hubbard Esq** Commissary General laid before the
Court his Account current for allowance which having been pre-
viously examined by Committees of the two Houses respectively,
the following Order passed thereon viz'
Resolved That the foregoing Account be allowed, and that the
Commissary General be further accountable for the balance being
Thirteen pounds, twelve shillings and nine pence. \^Passed June 24.
CHAPTER 72.
RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING
IN SUIT THE BOND OF ELISHA JONES AND OTHERS.
Laws, xvii.,
242, Chap. 50
Legislative A PETITION of Elisha Joucs and John ^Murray Esq'^ Setting
Council, forth That in June 1762 Nathan Jones of Weston purchased of
xxvu.,104. ^YiQ Government a Township N" one called East Hoosuck, in which
^ai^pi/ss'so. t^^y ^^® concerned, but by reason of sundry discouragements, they
Province ' find it impracticable to compleat in time the payment of the Sum
stipulated. And praying relief.
[Read and]
Besolved That the Province Treasurer be, and he hereby is directed
to suspend putting in suit the Bond given to the Province Treasurer
in the year 1702 by Elisha Jones Esq' and his Associates for the
purchase consideration of the Township called East Hoosuck in
the County of Berkshire until the further Order of this Court.
Provided the aforesaid Elisha Jones and his Associates forthwith
pay or cause to be paid unto the Province Treasurer the whole of
the Interest now due on s** Bond ; and also pay or cause to be paid
the interest thereof annually as it shall become due; otlierwise to
put the same in suit the first Court next after such failure, the next
July Court in the County of Suffolk excepted; and that the further
consideration of this Petition be referred to the next AVinter Ses-
sion. [^Passed June 25.
CHAPTER 73.
RESOLVE DIRECTING THE rROVINCE TREASURER TO SUSPEND PUTTING
IN SUIT THE BOND OF AARON WILLARD AND OTHERS.
Legislative
Records of the
Council,
xxvil., 105.
House Jour-
nal, p. 80.
Province
Laws, xvll.,
242, chap. 50.
Ante, p. 124,
chap. 23.
A Petition of Aaron Willard of Lancaster Esq' Setting forth That
in the year 1762 he purchased of this Government a Township called
Number three, a considerable part of the purchase money whereof
he hath already paid : And praying that he may be indulged with
further time to pay in the remainder.
[Read and]
Resolved That the Province Treasurer be, and he is hereby directed
[1st Sess.] Province Laws (i?eso?ves,c<c.). — 1767-08. 261
to suspend putting in suit the Bond given to the Province in the
year 17G2 by Aaron WiUard and his Associates for tlie purchase con-
sideration of the Township N" 3 in the County of Hampshire until
the further Order of this Court. Provided the aforesaid Aaron Wil-
lard and his Associates forthwith pay or cause to be paid to the
Province Treasurer the whole of the interest now due on s'' ]5ond
and also pay or cause to be paid the Interest thereof annually as it
sliall become due, otherwise to put the same in Suit the first Court
next after such failure, the next Court in the County of Suffolk
excepted. [Passed June 25.
CHAPTER 74.
RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING
IN SUIT THE BOND OF JOHN CUMMINGS AND OTHERS.
A Petition of Charles Prescot in behalf of himself and other Legislative
Proprietors of the Township N° 5 which they bought of this Gov- counclr*^''^
eminent in the year ll^^'l Praying that they may be allowed further xxvii., loe.
time for compleating the payment of the purchase money. House Jour-
[Eead and] province
Resolved That the Province Treasurer be, and he hereby is directed ^^cfui'p^so.
to suspend putting in suit the Bond given to this Province in the
year 1762 by John Coining and his Associates for the purchase con-
sideration of the Township N° 5 in the County of Hampshire until
the further Order of this Court. Provided the aforesaid John Com-
ming & his Associates forthwith pay or cause to be paid to the Prov-
ince Treasurer the whole of the Interest now due on said Bond; and
also pay or cause to be paid the interest thereof annually as it shall
become due, otherwise to put the same in suit the first Court next
after such failure, the next July Court in the County of Suffolk
excepted. [Passed June 25.
CHAPTER 75.
RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING
IN SUIT THE BOND OF SAMUEL BROWN, JR., AND OTHERS.
A Petition of Samuel Brown jun"" of Stockbridge in behalf of Legislative
himself and his Associates who in the year 1763 purchased of the councif,
Government a Township called Yokun Town & Mount Ephraim xxvu., loe.
Praying a further time for the payment of the remainder of the ^aT^p'sTso
purchase money still due. Province '
[Read and] 3^:0^^294.
Resolved that the Province Treasurer be, and he hereby is directed
to suspend putting in suit the Bond given to the Province Treas-
urer in the year 1763 by Samuel Brown jun'' & his Associates for the
purchase consideration of the Township originally called Yokun
Town and Mount Ephraim in the County of Berkshire until the
further Order of this Court : Provided the said Samuel Brown and
his Associates forthwith pay or cause to be paid to the Province
Treasurer the whole of the interest now due on s** Bond, and also
pay or cause to be paid the interest thereof annually as it shall
262
Province Laws {Resolves^ etc.). — 1767-68. [Chaps. 7(5, 77.]
become due; otherwise to put the same in suit the first Court next
after such failure; the next July Court in the County of Suffolk
excepted. \^Passed June 25.
CHAPTER 76.
Legislative
Records of the
Council,
xxvii., 107.
House Jour-
nal, pp. 79, 80.
Province
Laws, xvii.,
242, chap. 60.
RESOLVE DIRECTING THE PROVINCE TREASURER TO SUSPEND PUTTING
IN SUIT THE BOND OF CORNELIUS JONES AND JOHN CHADWICK.
A Petition of John Chadwick of Tyringham Setting forth That
in the year 1762 one Cornelius Jones purchased of this Government
about 10,000 Acres of Land for about £400 for the payment whereof
the Petitioner became bound with him, a part of whicli is paid; And
praying a further time for the payment of the remainder.
[Read and]
Resolved, that the Province Treasurer be and he hereby is directed
to suspend putting in suit the Bond given to this Province in the
year 1762 by Cornelius Jones & John Chadwick for the purchase
consideration of Ten thousand Acres in the County of Hampshire
until the further order of this Court. Provided the aforesaid Corne-
lius Jones and John Chadwick forthwith pay or cause to be paid
to the Province Treasurer the whole of tlie interest now due on s**
Bond and also pay or cause to be paid the interest thereof annually
as it shall become due, otherwise to put the same in suit the first
Court next after such failure; the next July Court in the County
of Suffolk excepted. \^Passed June 25.
CHAPTER 77.
Legislative
Records of the
Council,
xxvii., 109.
House Jour-
nal, pp.81, 82.
Ante, p. 128,
chap. 31 ; p. 140,
chap. 53; p. 146,
chap. 68.
RESOLVE ESTABLISHING THE GARRISON AT CASTLE W-^ AND THE
WAGES THEREOF.
In the House of Representatives.
Resolved That there be an Establishment for the pay of fifty Men
Officers included for the defence of Castle William, their AVages to
continue one year from the 20^'' day of June instant, at the follow-
ing Rates viz'
For one Captain ^' Annum
For one Lieutenant $> Annum
For one Chaplain Ditto
For one Gunner Ditto
For one second Gunner Ditto
For one Armourer P Month
For two Sergeants each %> Month
For six quarter Gunners each %?' d"
For four Corporals each t> d°
For one Drummer V ditto
For thirty one privates %5' d° each
And for the pay of seventeen Men for Fort Pownall Officers in-
cluded, for one year from the 20'^ of June Instant at the following
Rates viz'
£56.
3.
10
28.
11.
5
33.
6.
8
45.
6.
8
33.
6.
8
2.
4.
6
12.
12.
9.
4
9.
4
4.
For one Lieutenant
V Month ....
. £3.
For an Interpreter
%> ditto ....
. £3.
For one Gunner
F ditto ....
. £2.
b
For one Sergeant
V ditto ....
. £1.
10
For one Armourer
^ ditto ....
. £1.
10
For twelve privates
each ^ ditto ....
. £L
4
[1st Sess.] Province Laws {Resolves, etc.). — 17()7-<)8. 263
In Council, Eead and Concurred,
And undersigned by the Governor as follows viz'
I have before consented to an Establishment for Castle William
in manner as above: I do not consent to the above written Estab-
lishment for Fort Pownall as I do not think it sufficient for the
security of the Fort, and will not make myself Answerable for the
consequences if it should prove so.
Fka. Bernard.
\^Passed June 25.
264
Province Laws (Resolves, etc.). — 1 7()7-(58. [Chap. 78.]
RESOLVES, ORDERS, VOTES, ETC.
Passed at the Session begun and held at Boston,
ON THE Thirtieth Day of December, A. D. 1767.
CHAPTER 78.
Legislative
Records of the
Council,
xxvii., 118.
Mass.
Archives, civ.,
493.
Mass.
Archives, civ.,
492. House
Journal, PI). 72,
73, 94. Ante,
p. 257 chap. 64.
ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO BURN GOV-
ERNMENT SECURE AND DISCHARGING THE PROVINCE TREASURER OF
THE SUM OF £213,055. 18. 5.
The Committe appointed to repair to the Treasurers, and take
an Account of the Government Securities & see them burnt, &
consumed to Aslies; have attended that Service, & have recieved
of M"" Treasurer Gray, Government Securities, payable in June
1766, Eleven Thousand, two hundred forty seven Pounds, the In-
terest paid thereon being Nine hundred & seven Pounds, ten shil-
lings, & ten pence, amounts to Twelve thousand one liundred fifty
four Pounds, ten sliillings & ten pence. Also Government Securities
payable in June 17G7, One hundred Eighty nine Thousand & thirty
nine Pounds, tlie Interest thereon being Eight Thousand, seven
hundred forty six Pounds, Eight shillings and eleven pence, amounts
to One hundred Ninety seven Thousand seven hundred Eighty five
pounds, eight shilings & eleven pence. Also Government Securities
payable in June 1764, of the old form. Eleven hundred & eight
Pounds, the Interest paid thereon being One hundred tliirty seven
Pounds, seven shillings & seven pence, amounts to Twelve liundred
forty five Pounds, seven shillings & seven pence. Also Government
Securities of the new form payable in June 176-4, Nine hundred
thirty eight Pounds, the Interest paid thereon being Ninety five
Pounds, eighteen shillings amounts to Ten hundred Tliirty three
Pounds, eighteen shillings. Also Government Securities of the new
form, payable in June 1763, One hundred Eighty seven Pounds,
the Interest paid thereon being. Nine Pounds thirteen shillings &
two pence, amounts to One hundred ninety six pounds, thirteen
shillings & two pence. Also Government Securities of the new form
payable in June 1765, Six hundred & four Pounds, the Interest paid
thereon, thirty five Pounds nineteen shillings & eleven pence, amounts
to Six hundred thirty nine Pounds, Nineteen shillings and eleven
pence.
All which Securities amount to Two hundred & thirteen Thou-
sand, and fifty five Pounds, eighteen shillings and five pence, which
we have seen burnt & consumed to Ashes.
Signed, Jn" Erving ^ Order.
Eead & Accepted &
Orderd that the Treasurer be dischargd of the Sum of Two hun-
dred & Thirteen Thousand & fifty five Pounds Eighteen Shillings
and five Pence accordingly. [Passed January 5.
[2d Sess.J Province Laws (Besolves, etc.). — 1767-68. 265
CHAPTEE 79.
RESOLVE IMPOWERING BENJ-^ BLACKSTON, EXECUTOR, TO SELL REAL
ESTATE.
A Petition of Benj'* Blackston of Falmouth in y® County of Legislative
Cumberland, Executor of the last Will & Testament of Benj^ Black- cou^cii^,*^
ston late of said Falmouth deceased Setting forth, that the per- xxvu., 121.
sonal Estate of the s"^ dec'^ amounts to £118.0.5 less than his Debts, naTf/y4"96
that he was necessarily prevented from applying to the Superior Province '
Court, at their last term in said County, for leave to sell a part of chap!
the Real Estate for tlie discharge of the said Debts. And praying
that he may obtain liberty from this Court, to make sale of so much
of the said Estate, as shall be sufficient for that purpose.
[Read and]
Resolved that the Prayer of the Petition be granted, and the Peti-
tioner in his said Capacity be allowed & impowered, to make sale
of so much of the deceased's Real Estate, as shall amount to the
Sum of One hundred & Eighteen Pounds, & five pence, for y^ pur-
pose mentioned in the Petition, and such further Sum as shall be
be ' sufficient to pay the Charges of sale, and making up his further
Account, with the Judge of Probate, where it shall be least preju-
dicial to the remainder of the Estate, and to execute a good deed
or deeds of the same to the Purchaser: He observing the directions
of the Law relative to Executors & Adm" in selling Real Estates.
[^Passed January 5.
10.
CHAPTER 80.
RESOLVE ALLOWING £60 AND A FURTHER SUM OF £16. 16 TO ROB^ BALLS.
A Petition of Robert Balls, keeper of the Light house Setting Legislative
forth that on the 19^'' of November last he comj^leated the thirty counc'if °"'^^
fourth year of his service in that Station, for the last of which he xxvii., m.
hath as yet recieved no recompence. And praying an Allowance Archives,
therefor, & also a reimbursment of the Sum of Sixteen Pounds six- ixvi., 403.
teen shillings he has advanced for 311/^ Cord of Fire wood, for the Mass.
Benefit of the lights ixvl^Ioa'
[Read and] KpS.
Resolved that the Sum of Sixty pounds be Allowed and paid out
of the publick Treasury to the Petitioner for his Service for one
Year ending the 19^^ of Novem'' last. Also the Sum of Sixteen
pounds sixteen shillings for Thirty one & an half Cords of Wood
which he Expended. \^Passed January 6.
1 Sic.
266
Province 'LAWs(Iiesoh'es, etc.). — 1767-G8. [Chaps, bl, 82.]
Legislative
Records of the
Council,
xxvii., 1"24.
House Jour-
nal, pp. 94, 98,
CHAPTER 81.
RESOLVE ALLOWING £5. 2 TO ISR"- CHAPIN.
A Petition of Israel Chapin of Hatfield Setting forth that by
virtue of a deputation from Oliver Partridge Esq"' Sheriff of the
County of Hampshire, he went in pursuit of one Solomon Harris
for forceably entering tiie House of Elizabeth Warner of said Hat-
field, & stealing sundry things of Value therefrom : that he per-
formed this service in Consequence of a AVarrant from Israel Williams
Esq"" taking with him sundry Assistants, who spent several days in
the business, & finally took him in a remote corner of the County,
& conveyed him to tiie Goal; that the said Solomon afterwards made
his escape with divers other Prisoners; and as he was never brought
to trial he and his Assistants must fail of their Eecompence, unless
aided by this Court, which will be particularly grevious to the Peti-
tioner, as by means of said Service, he contracted an illness which
disabled him from pursuing his business for three months after-
wards: And praying Eelief.
Eead And whereas it appears by the record of the Court of Assize
& General Goal Delivery, held in the County of Hampshire in Sep-
tem"' last, that David Bonner, & David Jones, were assisting in break-
ing the Goal in said County, by which means the Prisoner mentioned
in the Petition made his escape, and the said Bonner & Jones were
convicted, & fined five Pounds each.
Resolved that the Account exhibited, by the Petitioner, be allowed,
and that the Sum of five Pounds two shillings, be paid to him out
of said Fines, by the Sheriff of the County of Hampshire. \^Passed
January 6.
CHAPTER 82.
RESOLVE CONFIRMING TOWNSHIP N^ 4 TO NOAH NASH.
Legislative
Records of the
Council,
xxvii., 126.
House Jour-
nal, pp. 51, 77,
91, 98. Ante,
p. 259, chap. 68.
A Petition of Noah Nash of Hatfield, Setting forth that in the
Year 1762. He purchased of y* Government a Township, called
N° 4, and hath paid upwards of £400 towards the said purchase;
that divers Improvements are already made upon it, he having
already sold the greatest part of said Township and that a consid-
erable number of Persons, have begun Settlements on the Lands.
And praying that he may have a Grant of said Township, that so
he may be thereby enabled, to give Warrantee Deeds to the Pur-
chasers.
[Read and]
Resolved that the Township N° 4. which was sold by this Gov-
ernment, in the year 1762, to Noah Nash of Hatfield, lying in the
County of Berkshire, bounded as follows Viz' beginning at the
Northeast Corner of New Framingham, now called Lanesborough,
thence South, 33 west, 1,985 Perch, on 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 20° South fifteen hundred tSb fifty Rods, thence
North 20° East 1,595 rods thence West, 20 North 2,112 Rods, to
[2d Sess.] FiiOviNCE LiAWS {liesolves, etc.). — 1767-68. 267
the first Station be granted and confirmed to the said Noah Nash,
his Heirs & Assigns He performing the Settlement thereon originally
enjoined by the General Court. [Passed January 8.
CHAPTER 83.
RESOLVE IMPOWERING JOS" KIDDER, AND MARY HIS WIFE, ADM^ AND
GUARDIAN, TO SELL REAL ESTATE AND MAKING PROVISION IN RE-
GARD TO THE PROCEEDS.
A Petition of Joseph Kidder of Dunstable, in y^ Province of Legislative
New Hampshire, and Mary Kidder, alias Mary Badger his Wife, councn'°**^^
Relict of Nath' Badger late of Haverhill dec'^ Adm^ of the said xxvii., m.
deceased's Estate, and Guardian to their only daughter & Child, ^*^"^® '^^'i'^L
' •/ o ' 113,1 Di) 97 99
Mary Badger, a Minor Setting forth That the Demands upon the loo.'ioe. Prpv-
said deceased's Estate amount to, 74.9. 4V^ which cannot be dis- isifchap.V"'
charged without making sale of a part of the Eeal Estate; that the
said Estate consists of Houses and Lands lying in Haverhill, which
cannot be severed without great damage. And praying that they
may be impowered to make sale of the said dwelling house, and a
small lot of Land, not more than half an Acre, with the other Build-
ings thereon.
[Read and]
Resolved that the Prayer of the Petition be granted; and that the
Petitioner be impowered to make sale of the lands & Buildings
mentioned in the Petition, for the payment of the deceaseds debts,
& in their said Capacities execute a good deed, or deeds thereof to
the Purchaser, the Surplusage of Money arising by said sale, if any,
besides paying the said Debts, the Charges of sale, and making up
a further Acco* with the Judge of Probate of Wills &*= for the
County of Essex, to be put to Interest on good Security : And that
y® Petitioners give Caution to the said Judge, that the said Sur-
plusage, shall be secured with the Interest to the said Minors ; the
Petitioners observing the directions of the law relative to Execu-
tors & Administra" in selling Real Estates. [Passed January ^.*
CHAPTEE 84.
RESOLVE ALLOWING £2. 12 TO ABIG^ FENNO, EXEC^.
A Petition of Abigail Fenno of Milton Widow, Executrix of the Legislative
last Will & Testament of Elizabeth Wadsworth of s** Milton Widow ^f^^^^ ^^ ^^^
deceased Setting forth that her said Testatrix, in the Year 1747, xxvu., 129.
took into her family one Betty Hunter, an Indian woman of the House Jour.
Punkapog tribe, and a Proprietor of of* land there, being then in Pro^ince^* ^"*"
a languishing consumptive state in order to nurse & take care of Law8,^xvi.,24i,
her, which she accordingly did to the time of her death, providing ^i^e,'p.'246,
a Nurse, & every thing necessary for her. That her Testatrix had ^'^^p-^-
in her life time, applied to the Guardian of the said Indians for
* This date is according to the House Journal ; according to Legislative Records of the
Council the date is January 8.
^ Sic.
268
Province Laws {Resolves, etc.). — 1767-68. [Chaps. 85, 80.]
payment of her Account, but could obtain nothing but fair words;
And the Petitioner hath applied since, but without Effect. And
praying that this Court would give Order to the present Guardian
of the said Indians, to discharge the s*^ Account for the benefit of
the Heirs of the said Testatrix.
[Read and]
Resolved that the Prayer of this Petition be so far granted, as that
the Sum of Two Pounds 12/ be allowed; And that the Guardian of
the Punkapog Indians be directed to pay the same to her in full
discharge of her Account. Provided there be a sufficiency in his
Hands belonging to the said Indians. \^Passed January 9.
Legislative
Records of the
Council,
xxvii., 131.
House Jour-
nal, pp. 'J5, 103,
108.
CHAPTER 85.
RESOLVE CONFIRMING THE ROADS AND HIGHWAYS OF THE TOWN OF
UXB RIDGE.
A Petition of Thomas Rist & others, Selectmen of Uxbridge Pray-
ing that the Roads, which have been laid out in said Town, may be
confirmed & established, although the Business was not so fully
expressed, in the Warrants for calling the town Meetings, when
said Roads were accepted, as in strictness of law, it ought to have
been.
[Read and]
Resolved that the prayer of this Petition be so far granted, as that
all the town ways, within the [Town] ' of Uxbridge, that have been
heretofore laid out, in said town by the selectmen thereof, and that
have been accepted by the town, be to all Intents & purposes what-
soever as fully established and confirmed. Town ways, in said town,
as they would have been, had there been no such defects, in said
Warrants, as are mentioned in said Petition. [Passed January 12.
CHAPTER 86.
Legislative
Records of the
Council,
xxvii., 132.
House Jour-
nal, pp. 96, 100.
Province
Laws, ii., 151,
chap. 10.
RESOLVE IMPOWERING NATH'* WARNER, ADM«, TO SELL REAL ESTATE.
A Petition of Nathan Warner, Administrator of y^ Estate of
Aaron Warner, late of Harvard deceased Setting forth That he
hath expended for the support of y* deceased's Widow, since the
year 175G, who by reason of her age is incapable of supporting her-
self, and for the support of his Sister, being a Cripple, the Sum of
£86.8.6^4:, more than he hath recieved of the personal Estate of y*
deceased, or of the Rents of his Real Estate, and Proceeds of such
part thereof as is already sold. And praying that he may be impow-
ered, to make sale of so much of the residue of the Real Estate,
lying in Harvard, as may be sufficient to reimburse him the Sum
so advanced as aforesaid
[Read and]
Resolved ihoX the Prayer of the Petition be granted; and that the
Petitioner be impowered to make sale of so much of the deceas*^*
Real Estate, where it will best suit, & be least prejudicial to the
Remainder, as will amount to the Sum of Eighty-six pounds 8/6^
* Inserted from the House Journal, p. 103.
[2d Sess.] Froyince Laws (Besolves, etc.). — 1767-68. 269
for the purposes mentioned in y" Petition and also such futher sum,
as shall be sutlicient to defray the Charge of sale, & making up his
further Account w*^'' the Judge of Probate for the County of Worces-
ter; He observing the directions of the law to Executors & Administ"
in selling Real Estates, and that he be enabled in his said Capacity
to exequte a good deed or deeds of the lands sold to the Purchaser.
[Passed January 12.
CHAPTER 87.
RESOLVE IMPOWERING MOSES PARSONS, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Moses Parsons, Guardian of Obadiah Parsons, a Legislative
Minor, Son of Deacon William Parsons late of Glocester deceased Set- counclf, ^^ ^^^
ting forth, that on the 12"' of of ' Nov' 1766, he obtained an Order xxvii., m.
of this Court for y^ sale of y^ Real Estate of the said Minor for his House Jour,
support t& education, agreable to the last Will & Testament of the 5w<e^p. 159,
Testator, in Consequence whereof, he hath sold, to the amount of <=ii*p-^-
£16.4.5. That there is one quarter part of a House, Cellar, Garden
& Barn, belonging to the said Minor which will sell for One hun-
dred Pounds intire, but that the same cannot be severed. And pray-
ing that he may be impowered to make sale of the Premisses, that
he may be thereby enabled to pursue the Intention of the Testator,
in giving to his said Son, an Education
[Read and]
Resolved, that the Prayer of this Petition be granted; and that
the Petitioner be impowered to make sale of the Quarter part of
the Dwelling House, Cellar, Garden, & Barn mentioned in y*^ Peti°
for the purposes aforesaid, and in his said Capacity execute a good
deed or deeds thereof to the purchaser, & give Caution to the Judge
of Probate of Wills A*^ in y** County of Essex, that he will improve
the Money arising by said sale, for the compleating the Education
of the said Minor, and pay him the Remainder, if any there be with
Interest, when he shall arrive to the age of twenty one years. [Passed
January 13.
CHAPTER 88.
ORDER ACCEPTING REPORT OF COMMITTEE IN FAVOR OF GRANTING
AN APPEAL FROM A CRIMINAL SENTENCE.
A Petition of Ebenezer Mirick of Berkley in behalf and at the Legislative
desire of his Children Samuel Mirick a minor of 20 years of age, councif '^^ *^^
and of Zilpha Reed the Wife of Charles Reed now absent at Sea xxvii., 39, \u.
Setting forth That the said Samuel & Zilpha were upon the Com- Legislative
plaint of David Briggs by Warrant carried before Ebenezer Hatha- councfu °* *^^
way Esq' put upon Trial and by the said Justice without proof, or House JoliV
even colour of suspicion declared guilty of Stealing a Sheep, and nai,pp!37,38,
thereupon sentenced to pay a Fine of fifteen shillings, and to pay *^' ^^^' ^^^'
the Complainant thirty nine shillings damage and One pound four-
teen shillings cost. That they claimed an Appeal, but thro' ignorance
and want of Council they did not tender Sureties according to Law,
I Sic.
270
Province Laws {Resolves, etc.). — 1767-68. [Chap. 89.]
which was therefore refused. And praying that they may be enabled
to bring an Appeal of said Cause to the Court of General Sessions
of the peace for the County of Bristol, their Omission aforemen-
tioned notwithstanding.
The Committee appointed y* 12''' Instant, on y® Petition of Eben'
Mirick, in behalf of Sam' Mirick and Zilpah Reed, reported that
the Prayer of said Petition be so far granted, as that the said Samuel
Mirick & Zilpah Reed, be allowed to claim an Appeal, from the Sen-
tence given against them by Ebenezer Hathaway Esq' as ment'' in
said Petition, to the next Court of General Sessions of the peace,
to be held at Taunton, in & for y^ County of Bristol, on the third
Tuesday of Feb^ next, they recognizing before said Justice as the
law directs to prosecute said Appeal, and that they give notice of
such appeal, to the said David Briggs, at least 14 days, before the
setting of said Court: And that the said Justice be impowered and
directed to grant said Appeal, and take the Recognizance aforesaid,
the time by law for making said Appeal, being elapsed notwithstand-
ing. And the Justices of said Court be impowerd to recieve ^^ Ap-
peal, and to hear & determine the Merits of said Complaint, only,
exhibited against said Samuel and Zilpah, and give Judgment thereon,
and put the same in Execution, in as full a manner, as they might
have done, had the said Appeal been made at the time of passing
y® ^'' Sentence.
Read &
Ordered that the foregoing report pass into an Order of this Court ;
and the same is made an Order of this Court accordingly. [Passed
January 14.
CHAPTER 89.
Legislative
Records of tlie
Council,
xxvii., 135.
Mass.
Archives, xlv.,
501.
Mapo.
Archives, xlv.,
498. House
Journal,
pp. 110, 111.
ORDER OF NOTICE ON THE PET^ OF SAM*- WELLES AND OTHERS OF
THE DISTRICT OF NATICK IN REGARD TO COLLECTING ASSESSMENTS.
A Petition of Samuel Welles Esq'' and others, Inhabitants of
Natick Setting forth That on the 31 of March 17G3, the Society
there made Choice of Oliver Bacon »& others, as a Committee to
finish the Meeting house, which has been compleated near two years,
and their Accounts presented, but as they exceeded the Estimate,
they were refused payment, whereupon the said Committee Com-
menced an Action against the District of Natick, & a District Meet-
ing was notified on the Occasion, when M"" John Cooledge was chosen
Moderator; but as two such Meetings had been called before for the
same purpose and had not been opened, some of the Inhabitants did
not attend this latter Meeting, besides which the Moderator refused
the Votes of four of the principal qualified Voters, and by this means,
a Vote was obtained for a Committee to defend against said Action,
and a Grant was made of £40 to defrey the Expence, altho' the whole
Demands of the first named Committee, amounted to no more than
£60.11.11 the Action was tried, and the said Oliver Bacon and others,
recovered Judgment for the Money sued for, from which the Com-
mittee for defence appealed, and at the Superior Court, the Com-
mittee for repairs recovered Judgment also, for the Amount of their
Expences »& Costs. Therefore praying that the Doings of the last
town Meeting respecting the Meeting house, and the Grant then
made of £40 as afores'' may be declared null & void
[2d Sess.] PitoviNCE Laws {Resolves, etc.). — 1767-68. 271
Eead and
Ordered that the Petitioners Notify tlie Inhabitants of the Dis-
trict of Natick of this Petition and order by leaving an attested
Copy thereof with the Clerk of S*^ District that they shew Cause
(if any they have) on the first day of February next (if this Court
be then sitting) why the Prayer of this Petition should not be
Granted and that the Levying and Collecting the assessment therein
mentioned be suspended until the further order of this Court thereon.
[^Passed January 14.
CHAPTEK 90.
RESOLVE REMOVING TAXES LAID ON THE TOWN OF ASHBURNHAM.
A Petition of Tristram Cheney, in behalf of the Inhabitants of Legislative
the town of Ashburnham Setting forth that a Province tax hath coundf, "** ^''^
been laid upon them for a number of years past, no part whereof Mas"'^"^^'
has been paid, that the Land is Stubborn, and the Petitioners have Archives,
been there but a short time, & are unable to raise Provisions suffi- " ^^"''' ^^^' —
cient for the support of their families, & many of their Settlers have ?a^"pp!^97"iii.
left y® town to avoid the said tax. That by reason of the death of ^^'^^^^\
their Pastor, & the damage done to their Meeting house by a Hur- chap. 3; 825, '
ricane, they are exposed to a very great Expence. And praying chap's^' ^^^'
Eelief
Read &
Resolvd that the prayer be granted & that the several Sum &
Sums orderd to be assessd on the new Plantation lately called Dor-
chester Canada now Ashburnham be removd & carried back to the
several Towns in the County of Worcester from whence it came
viz Worcester Lancaster Mendon Brookfield Oxford Sutton Rut-
land Leicester Westbro Shrewsbury Lunengburgh Uxbridge Har-
vard Dudley Bolton Sturbridge Leominster Hardwick Western
Douglas »& Petersham in due proportion as it was taken off &
accordingly added to those several Towns in their next years Tax.
\^Passed January 14.
CHAPTER 91.
RESOLVE IMPOWERING PATIENCE ROWLAND, ADM^, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Patience Rowland of Plymouth, Widow & Admin^ Legislative
of the Estate of John Rowland, late of said Plymouth deceased, & councur**^''
mother, & natural Guardian of Patience Rowland, a Minor, & only xxvu., iss.
surviving Child of the said John Rowland Setting forth That a House Jour-
greater part of the Estate of the said John consisted of about a i(h,'ii^"^''^°°'
third part of a dwelling house, & small Garden Spot adjoining,
lying in "^ Plymouth which being greatly out of repair at the de-
cease of the s'" John hath yeilded little more Rent than the Repairs
amounted to, whereby she is put to great difficulty, to support her-
self & educate her Daughter. And praying that she may be impow-
ered to make sale of the Premisses, for y® Purposes before mentioned.
[Read and]
272
Province Laws {Resolves, etc.). — 1767-68. [Chaps. 1)2, 1)3.]
Resolved that the Prayer of this Petition be granted, & tlie Peti-
tioner be impowered, to sell the part of the Dwelling house, &
Garden Spot mentioned in the Petition to the best advantage, and
in her said Capacity, to execute a good Deed or Deeds thereof, to
the Purchaser. And two thirds of the Money arising by said sale,
after she has made up her Account of Administra" with the Judge
of Probate of Wills &*= for y^ County of Plym", to put the same on
Interest, & give Caution to the s'' Judge that both Principal & In-
terest may be secured to the said Minor. \^Passed January 15.
CHAPTER 92.
RESOLVE IMPOWERING DESIRE SEPIT, INDIAN, TO SELL LAND AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council,
xxvil., 138.
Mass.
Archives,
xxxiii., 451.
Mass.
Archives,
xxxlil., 450.
House Jour-
nal, pp. 98, 99.
Province
Laws, xvi., 241,
chap. 76, note.
A Petition of Desire Sepit of Bridgwater Indian woman Setting
forth That slie is Owner of five Acres of Land, at Monument Ponds
in Plymouth, 8 Rods wide, & 100 Rods in length, without any fence
or wood thereon; that she can find no Tenant for it, but can sell
it [to John Bartlett] for 13.6.8, the Interest of which Avould be of
help towards her support. And praying that she may have leave to
sell the same.
[Read and]
Resolv''(l that the Prayer of this Petition be granted, and that the
Petitioner be impower'd to make Sale of the Land mention'd in the
Petition, to the Said John Bartlet for the Sum of Thirteen Pounds
Six shillings & Eight pence and Execute a good Deed thereof to
him. And that Josiah Edson Esq' of Bridgewater assist in the Sale,
and take good Security for the Said Sum on Interest payable to the
Guardians of the Indians for the County of Plym° for the Petitioners
use And that the Said Interest from Year to Year be Apply'd by
them for her Benefit. \^Passed January 15.
CHAPTER 93
RESOLVE GRANTING TO MARY MARSHALL LICENCE TO SELL STRONG
DRINK.
Legislative
Records of the
Council,
xxvli., 141.
House Jour-
nal, p. 116.
A Petition of Mary Marshall of Boston Spinster Setting
forth that she hath been approbated by the select men of the
said town, & recommended by them to the Court of Sessions for
a License to sell spirituous Liquors; but as the time for granting
such licenses is expired, praying that the s*^ Court may be impow-
ered to grant her such license at their Session in January Instant
Read and
Resolved that the Prayer of the Petition be granted, & that the
Justices of the Court of General Sessions of the Peace, for the
County of Suffolk, be & hereby are impowered, in their present
Session to grant the Petitioner a license accordingly, the time for
granting licenses being elapsed notwithstanding. \^Passed Jan-
uary 16.
[2d Sess.] Province Laws {Resolves^ etc.). — 1767-68. 273
CHAPTER 94.
RESOLVE CONFIRMING TOWNSHIP N" 5 TO JOHN CUMMINGS.
A Petition of John Cumings of Concord Praying that this LcKisiative
Court would make him a Grant of the Township, W 5. which he ^^"'"clf,"'*'^''
purchased of this Government, in the Year 1762, he finding it a xxvii., ui.
ffreat discouragement to Settlers from going upon s** Lands unless House Jour-
V 1 1 • ?i WT ir T\ ^ nal, pp. 104 his,
he could give them Warrantee Deeds. los, lie. Prov-
[Read and]. L°v'il^24r'
Resolved that the township N" 5. which was sold, in the year 1762, chap! 50. ' ^n<e,
to John Cumings of Concord, in the County of Middlesex bounded p-'** '*^ *p- '
Westerly on the township, N° 4, & N° 2, and Southerly, partly on
Lotts N° 2, »& ]S[° 3, then Easterly partly on Chandlers Grant, &
Province Land, & Northerly partly on the townships, N° 6, & 7.
be granted & confirmed to the abovesaid John Cumings, his Heirs
& Assigns, he performing the Settlement thereon, as originally en-
joined by the General Court. [Passed January 16.
CHAPTER 95.
RESOLVE ALLOWING REV' ELI FORBES £33. 12. 3.
Resolved that there be allowed & paid, out of the Income of Sir Legislative
Peter Warren's Donation the Sum of Thirty three Pounds, twelve counctf **^ *^°
shillings & three pence to the Eev*^ Eli Forbes, in full for his pro- xxvii., 140.
curing, instructing cloathing & boarding, three Mohawk Children House Jour-
from Aug' 15'*^ 1767, to Jan^ 15. 1768. and that the same be paid ng/i^^'m'.tii
out of the Public Treasury accordingly. \^Passed January 18.^ Ante,^m,
CHAPTER 96.
ORDER IMPOWERING GEO. CARRELL, GUARDIAN, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of George Carrell of Hopkinston, Guardian of Moses Legislative
Adams, a Minor Setting forth, that the said Minor in Consequence counctf °**^^
of the desire of his Parents deceased, & agreable to his own Inclina- xxvii., 143.
tions, is entered a Student at Harvard College. That his Father Archives, xix.,
Moses Adams late of Framingham dec*^ left him an Estate lying in "'J^
said Framingham, consisting of about Seventy iVcres of Land, valued Mass.
at a Sum between £300, & £400 the Income of which is insuffi- 772? Legi^ia^''
cient for his Support, & Education, and that the said Estate needs Jh^^c^u^'ncii^ ^^
great repairs. And praying that he may be impowered to make sale xxvi., 397.
of the said Estate for the use & Benefit of the said Minor. nai^pp'sTss
[Read and] _ ^Jo^f '
Ordered that this Petition be revived. And that the Petitioner Laws, u., 151,
George Carryl Guar** of Moses Adams a minor be and he is hereby '^^^P'^*''
* This date is according to the House Journal ; according to Legislative Records of the
Council the date is January 16.
274
Province Laws {Resolves, etc.). — 1767-68. [Chaps. 97, 98.]
impowerd to make Sale of the said Minors Real Estate lying in
Framiugham containing about Seventy acres of Land & make &
execute a good Deed or deeds thereof in the Law to the purchaser
or purchasers ; he attending the directions of the Law for the Sale
of Real Estates by Executors & administrators; He first giving Bond
to the Judge of Probate for the County of Middlesex that the pro-
ceeds of the said Sale be put on interest & used from time to time
for the Education of the said minor so much as may be necessary
and that the remainder be paid to the said minor when he shall come
of age. or in Case of said Moses' Decease to his Ileirs. \^Passed Jan-
uary 19.
CHAPTER 97
RESOLVE IMPOWERING JON* HEARSEY, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council,
xxvii., 146.
House Jour-
nal, pp. 102, 119.
Province
Laws, ii., 151,
chap. 10.
A Petition of Jonathan Hearsey Admin' of the Estate of Jona-
than Hearsey late of Hingham deceased Setting forth That the
deceaseds whole Real Estate was Apprized at Seventy six pounds in-
cluding the Widows thirds. That the Personal Estate falls £52.3.8iA
short of the amount of the debts. And praying that he may be im-
powered to sell the said Real Estate exclusive of the Widows thirds
under proper restrictions.
[Read and]
Resolved that the prayer of this Petition be granted, and that the
Petitioner be impowered in his said capacity to make Sale of the
whole of the deceaseds Real Estate within mentioned exclusive of
the Widows thirds for the most the same will fetch and execute a good
deed thereof to the purchaser Observing the Rules of the Law for
the Sale of Real Estate by Executors and Admin", and the Money
arising by said Sale be applied to the payment of the deceaseds just
debts and the overplus, if any there be, applied to the benefit of the
Heirs of the deceased. \^Passed January 20.
CHAPTER 98.
RESOLVE IMPOWERING HAN" METCALF, ADM^ AND GUARDIAN, TO SELL
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO-
CEEDS.
Legislative
Records of the
Council,
xxvii., 147.
House Jour-
nal, p. 114.
Province
Laws, ii., 151,
chap. 10.
A Petition of Hannah Metcalf of AYrentham and David Haven
of Framingham the said Hannah being Admin^ of the Estate of her
late Husband Joseph Metcalf of AYrentham & Guardian to Mehit-
abel, Susannah & Joseph, and the said David as Guardian to Luther
and Calvin all Minors and Children of the deceased Setting forth
That the said Joseph died siezed and possessed of a dwelling House
and Barn and about forty seven Acres of Land lying in four sep-
arate parcels. That the Fences are much out of Repair, and the
House so decayed as to require a new Roof: That the said Estate
was apprised at £134 And that it is uncertain whether the Personal
Estate is sufficient to pay the debts, so that it is not likely that there
will be anything left to make the said Repairs withal; that the Chil-
[2d Sess.] Province Laws (i^eso^ves, e^c). — 1767-()b. 275
dren are young and two of them very weakly and the Kents insuffi-
cient for tlieir support. And Praying that they may be impowered
to make Sale of the said Keal Estate for the benefit of those inter-
ested therein.
[Read and]
Resolved That the prayer of this Petition be granted, and that
the Petitioner be impowered to make Sale of the whole of the Real
Estate within mentioned for the most the same will fetch, and ex-
ecute a good Deed thereof to the purchaser, observing the Rules
of the Law for the Sale of Real Estate by Executors & Admin",
giving caution to the Judge of Probate for the County of Suffolk
that the money arising by said Sale be applied to the payment of
the deceaseds just debts and the overplus if any there be secured
for the benefit of the Heirs of the deceased. \^Pass6d January 20.
CHAPTER 99.
RESOLVE IMPOWERING AMOS STOCKWELL, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Amos Stockwell Admin'' of the Estate of John Legislative
Stockwell late of Sutton deceased Setting forth, That the deceaseds ^^(i^'cn^^ ^^'^
Personal Estate falls upwards of Seventy pounds short of the amount xxvu., 148.
of the debts: that the Real Estate was Apprized at £267.15/ one House Jour-
third whereof is set off to the AVidow as her dower. And Praying provin'cef ' ^'^'
that he may be impowered to make Sale of so much of the Real ^ifaT lo'' ^^^'
Estate as may be sufficient to discharge the said debts and charges.
[Read and]
Resolved 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 so much of said deceaseds Real Estate as will amount
to the Sum of Eighty five pounds and cost of Sale where it will be
least prejudicial to the remainder of said Estate, and to make and
execute a good deed or deeds in Law to the purchaser or purchasers
thereof. He attending to the Rules of the Law respecting the Sale
of Real Estates by Executors and Admin'', and giving caution to
the Judge of Probate for the County of Worcester that the pro-
ceeds of said Sale be applied to the discharge of the said deceaseds
just debts. {^Passed January 20.
CHAPTER 100.
RESOLVE IMPOWERING MARY LIBBY, ADM^, TO SELL REAL ESTATE.
A Petition of Mary Libby Admin^ of the Estate of John Libby Legislative
late of Scarborough deceased Insolvent Setting forth That the counc'lr* ^''*'
amount of the deceaseds debts is £256.10/ more than the whole of xxvii., 149.
his Personal Estate. And praying that she may be impowered to House Jour-
sell so much of the deceaseds Real Estate as may be sufficient to provincl^^'"'*'
pay his just debts with the charges of Sale. chjT^'io" ^^^'
[Read and] *^ '^^'
Resolved That Mary Libby Admin'' on the Estate of John Libby
276
Province Jjaws (Besolves, etc.) . — 1767-68. [Chaps. 101, 102.]
late of Scarborough deceased, be and hereby is impowered to make
Sale of so much of said deceaseds Real Estate as will amount to
the Sum of Two hundred pounds ten shillings and cost of Sale
where it will be least prejudicial to the remainder of said deceased
Estate, and make and execute a good deed or deeds of the same to
the purchaser or purchasers thereof, she attending to the directions
of the Law respecting the Sale of Real Estates by Executors and
Admin", and giving caution to the Judge of Probate for the County
of Cumberland that the proceeds of said Sale be applied for the pur-
poses mentioned in this Petition. [Passed January 20.
Legislative
Records of tiie
Council,
xxvil., 149.
House Jour-
nal, pp. 104, 119.
Province
Laws, ii., 151,
chap. 10.
CHAPTER 101.
RESOLVE IMPOWERING SETH HARLOW, ADM", TO SELL REAL ESTATE.
A Petition of Seth Harlow Admin' of the Estate of Nath' War-
ren late of Plymouth dec*^ Setting forth. That the said deceaseds
Personal Estate being small was by desire of the Children set off
to the Widow, And that there are sundry debts due from the Estate
to the amount of Two hundred pounds. And praying that he may
be impowered to make sale of so much of the deceaseds Real Estate
as may be sufficient to discharge the said debts.
[Read and]
Resolved that the prayer of this Petition be granted, and that the
Petitioner be impowered to make sale of so much of the deceaseds
Real Estate where it will be least prejudicial to the remainder as
will be sufficient for the purposes abovementioned, and execute a
good deed thereof to the purchaser. Observing the Rules of the
Law for the Sale of Real Estate by Executors & Admin", and giv-
ing caution to the Judge of Probate for the County of Plymoutli
that the money arising by said Sale be applied accordingly. \^Passed
January 20.
CHAPTER 102.
RESOLVE GRANTING A TRACT OF LAND KNOWN AS WATCHUSET HILL
TO REV" TIM" FULLER.
Legislative
Records of tlie
Council,
xviii., 150.
Mass.
Archives, xiv.,
497.
Mass.
Archives, xiv.,
495. House
Journal,
pp. 114, 121, 12-2,
123. Province
Laws, xvi., 636,
chap. 153.
A Petition of Timothy Fuller of Princetown Clerk Setting
forth, That he hath lately settled in the Gospel Ministry in said
Princetown upon the slender allowance of £53.6.8 ^ Annum which
he apprehends is as much as the people can afford to pay him in
their present infant State. That they have built a Meeting house
and made Roads in the Town, but have no public Ministerial Lands.
And praying that this Court Avould make him (being the first set-
tled Minister there) a Grant of the Watch usett Hill lying in said
Town containing about 500 Acres of poor barren Land except that
at the foot of said" Hill on the South side there are about 100 Acres
which tho' Rocky and uneven may possibly do for pasture Land.
[Read and]
Resolvd That the Prayer of s*^ Petition be granted and that the
Tract of Land belonging to this Province lying in Princeton in the
County of Worcester called Watchusett Hill containing about Five
[2d Sess.] Provin(U5 lj\\\i^ {Resolves, etc.). — 1767-68. 277
Hundred acres bounded East Four Degrees North one Hundred and
forty Rods on Watertown Farm tlien Nortli 46 Degrees East IGO
Rods on said Watertown farm then north 07 Rods on Muzzys Farm
now Keyess. then North. 23 Degrees west 70 Rods on BenJ^* Ilough-
tons Land then Westerly 135 Rods on said Houghtons Land then
60 Rods on s*^ Houghtons Land to a White oak Tree then South:
55 Degrees West 263 Rods on Westminster Line to a Red oak Tree
the Corner of M"" Aliens Farm, then East 21 Degrees South. 100
Rods on s*^ Aliens Farm then running on S"^ Aliens Farm about 190
Rods to y^ Bounds first mentioned be granted to the s*^ Tim" Fuller
his Heirs & assigns forever as an Encouragement to him to continue
in the faithful Discharge of his office in s*^ Princeton
Provided that he or his Heirs pay their Proportion of a Tax of
Two Pence p' acre for three years laid by the general Court at their
Sessions in January AD 1760. upon all the unimproved Lands in
s** District of Princeton. \^Fassed January 20.
CHAPTEK 103.
RESOLVE ADJOURNING COURTS IN HAMPSHIRE COUNTY.
Resolved That whereas the Court of General Sessions of the peace Legislative
and Inferior Court of Common pleas for the County of Hampshire counctf, °* ^'^^
according to the time appointed by Law should be holden at North- xxvii., isi.
ampton in said County on the second Tuesday of February next; House Jour-
and whereas sundry of the Justices and Officers of said Courts and ?24.' ^province'
others concerned in the business thereof are members of this Court ?<f„Y,%l^;'J^'^-?7
which IS likely to continue sitting beyond the time aforesaid by Law note,
appointed for holding said Courts.
Therefore
Resolved That the said Courts be and are hereby Adjourned unto
the third Tuesday in March next then to be holden at said North-
ampton ; and that all Pleas, Processes, Writs, Actions Suits, issued
or to be issued, Complaints, Precepts Recognizances and all other
matters and things returnable and having, and that should have
had day in said Courts, if the same had been held on the said second
Tuesday of February shall be returnable and have day in said Courts
on the said third Tuesday of March, and shall abide and continue
unto that time, and shall then be proceeded, heard, tried and deter-
mined to all intents and purposes as effectually as if said Courts
should have been held on the said second Tuesday of February: and
all Executions returnable on the said second Tuesday of February
may be returned into the Clerks Office of said Courts, and alias
Executions issued afterwards in like manner as if this adjournment
had not been made. \^Passed January 20.
278
Province IjAws {Resolves, etc.). — 1767-68. [Chaps. 104, 105.]
CHAPTEE 104.
Legislative
Records of the
Council,
xxvil., 284.
House Jour-
nal, pp. lO'J, 120.
Province
Laws, ii., 151,
chap. 10.
RESOLVE IMPOWERING HEZEKIAH WINSLOW, ADMb TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Hezekiah Winslow Admin'^ of the Estate of Noah
Stoddard late of Dartmouth dec** Intestate Setting forth That
the said deceaseds debts amount to £73.5.11 more than his Per-
sonal Estate And Praying that he may be impowered to make Sale
of the deceaseds Real Estate consisting of a small House and about
twenty eight Acres of Land to enable him to pay the said debts and
charges.
[Eead and]
Resolved That the prayer of the within Petition be granted and
that the Petitioner in his said capacity be impowered to make Sale
of the whole of the deceaseds Real Estate in the Town of Dartmouth
as mentioned in said Petition for the most the same will fetch, and
make and execute a good Deed of the same to the purchaser. Ob-
serving the Rules of the Law for the Sale of Real Estate by Exec-
utors and Administrators and that he give caution to the Judge of
Probate for the County of Bristol that the Money arising by said
Sale shall be applied to the payment of the deceaseds just debts,
and the Overplus, if any there be, put to interest for the benefit
of the Children of the deceased. \^Passed January 21.
CHAPTEE 105.
RESOLVE IMPOWERING BETHESDA & JUSTUS SACKET, EXECUTORS, TO
EXECUTE A DEED AND MAKING PROVISION FOR THE MONEY RE-
CEIVED.
Legislative
Records of the
Council,
xxvii., 155.
House Jour-
nal, pp. 118, 127.
Ante, -p. 133,
chap. 42.
A Petition of Bethesda Sacket of Westfield Widow and Justus
Sacket Son of Eliakim Sacket late of Westfield deceased and Exec-
utors of his last Will and Testament Setting forth That the said
Eliakim in his life time bargained and sold to one Isaac Bartlet of
Granville, a Farm of Land there containing about 110 Acres and
gave his Obligation to the said Isaac to give him a deed thereof
upon the payment of £120 the Sum agreed for. That said Isaac
made the said Purchase for and in behalf of one Timothy Leete,
who in the life time of the said Eliakim took possession of the said
Farm and paid part of the purchase Money and since his death the
Petitioners have taken up the Obligation which he gave as afore-
said to the said Bartlet and gave him their Bond to execute a deed
of the said Land on compleating the payment of th-e Sum of £120
aforesaid. That the said Leete has since paid the whole Sum and
now demands a deed of the Land. And praying that they may be
impowered to execute a deed agreable to the original bargain of the
said Eliakim Sacket, they to be accountable for that part of the
purchase Money received by them since his death.
[Read and]
Resolved That the prayer of the Petition be granted, and that the
said Bethesda and Justus be, and hereby are impowered to make and
execute a Deed of bargain and Sale to the said Timothy Leete the
Land mentioned in the Petition, of which they stand bound to give
[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 279
him a deed, and that they be obliged to pay all the Money which
they have or may receive of the said Leeto for the said Land, to
such person or persons as by the tenor of the said deceaseds Will
they would have been holden to have paid the same in case such
Monies had been left by the said deceased in their hands at the time
of his death. [Passed January 22.
CHAPTER 106.
RESOLVE ACCEPTING REPORT OF COMMISSARIES ON THE NEW YORK
BOUNDARY LINE AND DESIRING THE GOVERNOR TO TRANSMIT THE
SAME TO THE GOVERNOR OF NEW YORK.
The Committee on the Keport of the Commissaries for settling Legislative
the New York Line made Report whereupon the following Resolves councif ^'^ *^^
passed the Court as reported by said Committee viz' m^^""' ^^''
1 Resolved That the Massachusetts Government have always Archives, vi.,
claimed as their just Right Jurisdiction over the whole Territory ^— ^
within their North and South limits from the Atlantic Ocean to Archives vi
the South Sea, saving only such part thereof as on the S'^ day of 43o. Legisia-
November in the Eighteeth year of King James the first was actually the^ouncuf ^^
possessed or inhabited by any other Christian Prince or State. f52^"iiouee^^^'
2 Being willing to make the most ample concession even Journal,
beyond the bounds of equity in the settlement of the controversy SnW.p. 216,
relative to said Boundary; and in compliance with the recommen- p^^si d^ap 60
dation of his Majesty signified by the R' hon^'^ the Earl of Shel-
burne by a generous way of acting to remove the cause of any future
dissentions between the two Provinces, and that this Government
may incur no blame if any ill consequence should arise from the
continuance of the controversy.
Resolved That this Court will concede to & confirm the last pro-
posal made by their Commissaries to the Commissaries on the part
of New York at their late conference, in the words of the Report
of the Lords of Trade and Plantations in May 1757
" ' That a strait line to be drawn northerly from a point on the
Southern Line of the Massachusetts Bay twenty Miles distant due
East from Hudsons River to another point twenty miles distant due
East from the said River on the Line which divides the Province
, of Massachusetts Bay from New Hampshire be the Eastern Boun-
dary of New York. Provided That this consession if not agreed to
by New York be not improved to the disadvantage of the Massa-
chusetts Claim : Provided also that nothing shall be understood to
prejudice the Right of this Province to Lands Westward of the
Province of New York. And this Court for the reasons abovemen-
tioned doth further concede that the aforementioned Lines of dis-
tance from Hudson's River shall be measured as Horozontal Lines
instead of Lines measured according to the surface of the Earth.
3'' And Whereas at said Conference some doubts arose on the
part of New York with respect to the powers granted by this Gov-
ernment to their Commissaries aforesaid.
Resolved That the several Explanations by them given of their
said Powers and of the practice of this Court with regard to such
powers were just; and that the Instructions given them contained
a full and ample power for the settlement of the Boundary Line
' Sic, as to quotation marks.
280
Province Ijxyf^ {Resolves, etc.). — 1767-68. [Chaps. 107, 108.]
aforesaid, notwithstanding the Vote of the House of Kepresenta-
tives past here the 17"' day of March last and mentioned in the
Kesolves of the Assembly of New York ; the said Vote not having
been compleated as a Vote of the whole Court; But for the satis-
faction of the Government of New York, if any futher power should
be necessary for the purpose aforesaid, it shall be given by an Act
in solemn form. And in case of Agreement it is proposed to the Gov-
ernment of New York that an Act in solemn form should be past
by each Government declaring in the fullest and clearest manner
the Partition Line between the two Provinces.
4 If contrary to the hopes of this Government all it's en-
deavours to settle the said Partition Line by mutual Agreement
should prove ineffectual :
Resolved That a full state of the controversy be drawn up and
transmitted home in order to be laid before his majesty in Council
for a speedy and final settlement of it.
Read & accepted, And his Excellency is hereby desired to trans-
mit a Copy of the aforesaid Resolves to S' Henry Moore Governor
of New York, to be laid before the Assembly of N. York for their
Consideration. {^Passed January 26.
CHAPTEE 107.
RESOLVE ACCEPTING THE ACCOUNT OF THE GUARDIANS OF THE
HASSAN AMISCO INDIANS.
Legislative
Records of the
Council,
xxvii., 160.
Mass.
Archives,
xxxiii., 458.
Mass.
Archives,
xxxiii., 4,')7.
House Jour-
nal, p. 129.
Province
Laws, xvii.,
269, chap. 104.
An Account of the Trustees of the Hassanamisco Indians having
been laid before the Court for allowance, the following Order passed
thereon viz'
Resolvd that the within Account be accepted & that the aforesaid
Guardians be further accountable for the Sum of Nine shillings &
Eight pence %'' for Interest and seventeen hundred & forty four
ounces & ^^44 Parts ' of an ounce of Silver in their Hands belong-
ing to the Hassanamisco Tribe and also for the sum of Sixty Six
pounds thirteen shillings & four pence belonging to Betty Abraham
alias Sampson. [Passed January 26.
CHAPTEE 108.
Legislative
Records of the
Council,
xxvii., 160.
Mass.
Archives,
xxxiii., 455.
Mass.
Archives,
xxxiii., 454.
House Jour-
nal, pp. 14, 129.
Province
Laws, xvl., 241,
chap. 76, note.
RESOLVE ALLOWING THE ACCOUNT OF THE GUARDIAN OF JAMES
THOMAS, INDIAN.
JosiAH Edson Esq^ Guardian of tlie Indians presented his Ac-
count with James Thomas Indian Man of Middleborough wherein
the said Guardian hath charged him with sundry disbursements
amounting to £2.18.% and given him Credit for the same Sum
received for Interest.
[Read and]
Resolvd that the within Account : be accepted & that that ' the
said Guardians be dischargd accordingly. [Passed January 26.
> Manuscript mutilated.
» Sic.
[2d Sess.] Province Laws {Resolves^ etc.). — 1767-68. 281
CHAPTER 109. K»the
Council,
xxvii., Ifil.
RESOLVE ALLOWING THE ACCOUNT OF THE GUARDIAN OF HAN" Mass.
ROBINS, INDIAN. Archives,
xxxiii.,449.
JosiAH Edson Esq" presented his Account as Guardian to Han- Archives,
nail Robins Indian Woman of Bridgewater. houscIjout
Read & nai,i)i). 14,129.
Resolvd that the within Account be accepted & that the said Law8"xvi.,24i,
Guardians be further accountable for the Ballance of Seventy Eight cimp.Te, note.'
Pounds Seventeen shillings & Eleven pence. \_Pa8sed January 26.
CHAPTER 110.
RESOLVE GRANTING TO ELIZ^ TREFRY LICENCE TO SELL STRONG
DRINK.
A Petition of Elizabeth Trefry of Boston Widow Setting forth r^^*^^^"^^ ,j^
That she hath been Approbated and recommended by the Selectmen council,
of the said Town to be a Retailer of Spirituous Liquors. And pray- ^'^^'^•' ^^^'
ing that the Court of Sessions may be impowered to grant her a nai"p!i^^'^
License for that purpose the time for granting Licenses being elapsed
notwithstanding.
[Read and]
Resolved That the prayer of the above Petition be granted and
that the Justices of the Court of .General Sessions of the peace for
the County of Suffolk in their present Session be impowered, if
they see cause to grant the said Elizabeth Trefry a License to Retail
Spirituous Liquors at her House in Fish Street, the time for grant-
ing Licenses being elapsed notwithstanding. [^Passed January 26.
CHAPTER 111.
RESOLVE CONFIRMING THE ROADS IN THE DISTRICT OF CHARLTON.
On THE Petition of Edward Davis Agent for the District of o^^'^'^^^fth
Charlton in the County of Worcester council.
Resolved that the prayer of the Petition be so far Granted that all MalsV' ^^^'
the roads legally laid out by the Select Men of said Charlton and ^^^j**^!'
approved of by the Inhabitance of Said Destrict att their Annuall ^^ — '^—^
Meetings in march Yearly as Sett forth in Said Petition be hereby nai,pp.ii3,ii7,
confirmed and made valid to all intents and purposes there not ^^^' ^^^•
Setting forth the particular Descriptions in there notifycations for
calling said Meeting according to Strictness of Law as mentioned
in said Petition Notwithstanding Provided that no person who may
haue suffered damage by the laying out of said Roads shall be hereby
barred from seeking a recompence, in case he shall make Applica-
tion to the Court of Sessions therefor within twelue months from
this time. \^Passed January 26.
282
Province IjAws (Besolves, etc.) . — 1767-68. [Chaps. 112, 113.]
CHAPTER 112.
Legislative
Records of the
Council,
xxvii., 165.
House Jour-
nal, pp. 13S, 139.
Province
Laws, ii., 151,
chap. 10.
RESOLVE IMPOWERING EZRA TAYLOR, ESQ«, ADM«, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Ezra Taylor Esq' Admin'' of the Estate of Ebenezer
Johnson late of Southborough deceased Setting forth That the
said deceased died seized of a Farm containing about two hundred
Acres of Land with certain Buildings thereon Apprized at £733.6.8
that it is necessary the greater part thereof should be sold for the
payment of debts ; but that the parting of it would spoil the whole.
That the deceased left four Children three of wliom are of full age,
and are all desirous that the whole Estate should be sold together.
And praying that he may be impowered to make sale of the same,
he to be accountable.
[Read and]
Resolved that the prayer of the Petition be granted and that
the Petitioner be and hereby is impowered to make Sale of the
Real Estate mentioned in the Petition for the most it will fetch,
and to make and execute a good deed or deeds in law for conveying
the same, he observing the directions of the Law for the Sale of
Real Estates by, Executors »& Admin" and giving sufficient caution
to the Judge of Probate for the County of Worcester that the Money
arising by the Sale thereof be applied for the purposes mentioned
in s*^ Petition. \^Passed January 29.
CHAPTER 113.
RESOLVE ADJOURNING COURTS IN BRISTOL COUNTY.
Legislative Resolved That whereas the Court of General Sessions of the peace
Council, and Inferior Court of Common pleas for the County of Bristol ac-
xxvn., 166. cording to the time appointed by Law should be holden at Taunton
House Jour- j,j gj^^j(^| Couiity on the third Tuesday of February next: And whereas
139,' i4o'. Prov- several of the Justices of said Court and others concerned in the
737,^^0 riJip.^2or'' business thereof are Members of this Court which is likely to con-
V., 67, note. tiuuc sitting beyond the time aforesaid by Law appointed for hold-
ing said Courts. Therefore
Resolved That the said Court of General Sessions of the peace
and Inferior Court of Common pleas be, and hereby are adjourned
Unto the first Tuesday in May next, then to be holden at said Taun-
ton; and that all Pleas, Processes, Writs, Actions, Suits, Complaints,
Precepts, Recognizances and all other matters and things returnable
and having, or that should have day in said Courts, if the same had
been held on the said third Tuesday of February, shall be return-
able and have day in said Courts on the said first Tuesday of May
and shall abide and continue unto that time, and shall then be pro-
ceeded on, heard, Tried and determined to all intents and purposes
as effectually as if said Courts had been held on the said third Tues-
day of February. And all Executions returnable on the said third
Tuesday of February may be returned into the Clerks Office of said
Courts, and alias Executions issued afterwards in like manner as if
this Adjournment had not been made. \^Passed January 30.
[2d Sess.] Province Laws {Resolves, e^c.). — 1707-68. 283
CHAPTER 114.
ORDER IMPOWERING JN" BRIDGHAM TO ENTER AN APPEAL.
The Committee aiopointcd the 22'' Instant on the Petition of J'^g'siative
John Bridgham having made Report the following Order passed council,
thereon viz' ' xxviu^m^
Ordered that the said John Bridgham have liberty to enter his Reford"Jfthe
Appeal to and bring forward the Action in said Petition mentioned Council,
at the next Superior Court of Judicature &c to be held at Plymouth House Jour-
in and for the County of Plymouth on the third Tuesday of May °|,';J4'd:^l|,\<e'
next, and that the Justices of the said Court be impowered to receive p. -iae, chap. 21.
the said Appeal and to hear and determine, give Judgment and
Award Execution thereon to all intents and purposes as they might
have done had the Appeal been entered at the said Court on the
third Tuesday in May last. [^Passed January 30.
CHAPTER 115.
RESOLVE GRANTING £800 TO THE JUSTICES. Legislative
Records of the
Resolved, That the Sum of Eight Hundred Pounds be granted, xxvu., ies.
and paid out of the publick Treasury to the Honorable the Justices Archives,
of the Superior Court of Judicature, Court of Assize and General xiiv., 657.
Goal Delivery, for their Services, for one Year, ending the first Day House Jour-
of January. [Passed January 30.
CHAPTER 116.
ORDER ALLOWING £40 TO THE CHIEF JUSTICE. Legislative
Records of the
Ordered, That the Sum of Forty Pounds be allowed and paid out xxvu., les.
of the publick Treasury, to the honorable Thomas Hutchinson, Esq' Archives,
in Consideration of his faithful Discharge of the important Trust ^"^•' ^^^-
reposed in him as Chief Justice, and for his further Encouragement ^^f,^^^ fg^g""^"
therein. \_Passed January 30.
CHAPTER 117.
RESOLVE ALLOWING £50 TO THE SECRETARY.
Resolved That the Sum of Fifty pounds be granted and allowed ]^^sisiative
to be paid out of the public Treasury to the hon^^® Andrew Oliver council.
Esq"" Secretary of this Province for his Services for one year ending xxvu., les.
the sixth day of December last. "[Passed January 30. SaTif isT^'
284
'Pb.ovisce Jjaws (Eesolves J etc.) . — 1767-68. [Chaps. 118-121.]
CHAPTER 118.
Legislative
Records of the
Council,
xxvii., 169.
House Jour-
nal, p. 134.
Sujira, chap.
117.
RESOLVE ALLOWING £90 ADDITIONAL TO THE SECRETARY.
Resolved That the Sum of Ninety pounds be granted and allowed
to be paid out of the. public Treasury to the hon**'^ Andrew Oliver
Esq"" Secretary of this Province in consideration of his extraordinary
Services to the sixth day of December last. {^Passed January 30.
CHAPTER 119.
RESOLVE ALLOWING £267 TO THE TREASURER.
Legislative
Records of the
Council,
xxvii., 169.
House Jour-
nal, p. 134.
Resolved That the Sum of Two hundred and sixty seven pounds
be granted and allowed to be paid out of the public Treasury to
the hon^'*^ Harrison Gray Esq' Treasurer and Receiver General of
his Majesty's Revenues of this Province for a years Service ending
the twenty third day of Decem'' last. \^Passed January 30.
CHAPTER 120.
Legislative
Records of the
Council,
xxvii., 169.
Mass.
Archives, 1.,
276.
House Jour,
nal, p. 134.
RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER.
In the House of Repres"*'
Resolved, That there be granted and allowed to be paid out of
the publick Treasury the sum of four Shillings per Diem, to the
honorable Thomas Gushing Esq' Speaker of the House, for every
Day of his Attendance in the General Court, from the opening of
the Session on the twenty seventh Day of May, One Thousand seven
Hundred and Sixty seven, over and above his Pay as a Member of this
House.
In Council. Read & Concurred. \^Passed January SO.
CHAPTER 121.
RESOLVE ALLOWING £90 TO THE CLERK OF THE HOUSE.
Legislative
Records of the
Council,
xxvii., 169.
House Jour-
nal, p. 134.
Resolved That there be granted and allowed to be paid out of the
public Treasury the Sum of Ninety pounds to M' Samuel Adams
Clerk of the House of Representatives for his Service during the
several Sessions for the current year. \^Passed January 30.
[2d Sess.] Province Laws {Resolves, etc.). — 1767-G8. 285
CHAPTER 122.
RESOLVE ALLOWING £50 TO THE LIEU'^ OF THE CASTLE.
Resolved That there be allowed and paid out of the public Treas- Legislative
ury the Sum of Fifty pounds to John Phillips Esq^ Lieutenant of ^unciT'*^^
his Majesty's Garrison at Castle William in consideration of his xxvii., no.
faithful discharge of that trust. \^Passed January 30. House Jmir-
CHAPTER 123.
RESOLVE ALLOWING £40 TO THE CHAPLAINS OF CASTLE WILLIAM.
Resolved That there be allowed and paid out of the public Treas- Legislative
ury the Sum of Forty pounds to the Chaplains at his Majesty's Castle counc'if, ^* ^''^
William for one year, in proportion to their several services and in xxvii., no.
consideration of their faithful discharge of that trust. \^Passed ^^^^^l^-
January SO.
CHAPTER 124.
RESOLVE ALLOWING £12 TO THE CHAPLAIN OF THE TWO HOUSES.
In the House of Representatives. Legislative
Resolved That there be allowed and paid out of the public Treas- councif, °
ury the Sum of Twelve pounds to the Rev** M"^ Samuel Cooper Chap- ^^^"•' '
170.
lain to the hon^'® Board and to this House the current year. naTri^'^'^
In Council, Read and Concurred- \^Passed January 30.
CHAPTER 125.
RESOLVE ALLOWING £200 TO THE PRESIDENT OF HARVARD COLLEGE.
Resolved That the Sum of Two hundred pounds be granted and ^efords^of the
allowed to be paid out of the public Treasury to the Rev*^ M'' Edward councii,_
Holyoke President of Harvard College over and above the Rents of ^^^"•'^'"' —
Massachusetts Hall for one year ending the tenth day of September na^j^p^m^'^"
next to be paid Quarterly. \^Passed January 30.
CHAPTER 126.
RESOLVE ALLOWING £100 TO PROFESSOR WINTHROP.
Resolved That there be granted and allowed to be paid out of the Legislative
public Treasury to John Winthrop Esq' Hollisian Professor of Math- g^^ncfr**^^
ematics and Natural Philosophy at Harvard College in Cambridge xxvii., no.
the Sum of One hundred pounds as a Gratuity in consideration of House Jour-
his faithful discharge of the great & important trust reposed^in him "^'P'
and for his further encouragement therein, \^Passed January 30.
286
Province ljAws{Iiesolves,etc.). — 1767-6^. [Chaps. 127-129.]
CHAPTEK 127
Legislative
Records of the
Council,
xxvii., 171.
House Jour-
nal, p. 134.
RESOLVE ALLOWING £100 TO PROFESSOR WIGGLESWORTH.
Resolved That there be granted and allowed to be paid out of the
public Treasury to M'' Edward Wigglesworth Hollisian Professor of
Divinity at Harvard College in Cambridge the Sum of One hun-
dred pounds for one years Service ending at this time as a Gratuity
in consideration of his faithful discharge of the great and impor-
tant trust reposed in him. [Passed January 30.
CHAPTER 128.
ORDER IMPOWERING A COMMITTEE TO TAKE A LIST OF THE VALUA-
TIONS OF ESTATES IN MURRAYFIELD AND NOTIFYING A TOWN
MEETING,
Legislative
Records of the
Council,
xxvii., 172.
House JoHT-
n:il,pp.l32,141.
Ante, p. 123,
chap. 20.
The FOLLOWING Order passed on the Petition of Timothy Paine
and John Murray Esq" Agents for the Town of Murrayfield viz'
Eead and
Ordered That Abijah Willard Esq% Eldad Taylor Esq^ and Cap*
Charles Baker or any two of them be impowered to take a List
of Valuation upon Oath of all the Eateable Estate Real and per-
sonal in said Murrayfield, they first giving at least ten days notice
to said Inhabitants before they proceed on said business by posting
up a Notification in said Town, and when they have compleated
said List make return thereof to Timothy Smith, John Smith and
Malcomb Henry Selectmen chosen in said Town for the year 1766,
and upon receipt thereof the said Selectmen be impowered to make
out their Warrant to some principal Inhabitant of said Town requir-
ing him to notify a Meeting of said Inhabitants qualified to vote in
Town affairs to meet and Assemble in said Town for the choice of
Town Officers for the ensuing year, and that the Valuation so taken
be the Rule for determining the qualification of Voters at said Meet-
ing; and that Simeon Strong Esq' be appointed to Moderate at said
Meeting, and that if it should so happen that the said valuation
cannot be taken in convenient time for holding said Meeting in
March next, that said Meeting be held as soon after as it conven-
iently may be, and the transaction of said Inhabitants at said Meet-
ing be valid to all intents and purposes as if the said Meeting had
been held in the Month of March. [Passed February 1.
Legislative
Records of the
Council,
xxvii., 173.
House Jour-
nal, pp. 97, 100,
131, 141.
CHAPTER 129.
RESOLVE IMPOWERING W*' SAWYER, GUARDIAN, TO SELL LAND AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of William Sawyer of Reading Guardian of Betty
Pope of Danvers a Minor setting forth That the said Minors Estate
lyes chiefly in Land and a number of pieces intermixed with other
Lands which belonged to her late Father John Pope deceased by
which means they are unfit for a settlement and the said Minor
[2d Sess.] PiioviNCK Laws (liesolves, etc.). — ITGT-OH. 287
being now of years of discretion is desirous of having them sold:
And praying that he may be impowered to malie Sale of said Lands
accordingly, the produce thereof to be improved at Interest for the
benefit of the said Minor.
[Read and]
Resolved That the prayer of this Petition be granted, and that
the Petitioner be impowered to make Sale of all the Lands men-
tioned in the Petition to the best advantage for the said Minor, and
in his said capacity execute a good deed or deeds of the same to the
purchaser, and the Money arising from said Sale to [be] ' put to in-
terest on good security, such interest, so far as shall be necessary, to
be improved for said Minors best advantage during her minority and
the principal to be paid to her when she shall arrive to lawful age
or at Marriage which shall first happen, the Petitioner giving due
caution to the Judge of Probate for Middlesex to perform accord-
ingly, and to account with him touching his proceedings in the
Premises when and so often as thereunto lawfully required. \^Passed
February 1,
CHAPTER 130.
RESOLVE IMPOWERING ELISHA MARSH, GUARDIAN, TO SELL LAND AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Elisha Marsh of Westminster Guardian to five of Legislative
his Children Minors setting forth That the said Minors with Sarah councfr* '^^
his other daughter who is of age, are interested in six seventh parts xxvii., i74.
of three Acres of Laud lying in Hingham and in common with the ^ °i"^® '^'^-'"^40
other seventh part owned by Thomas Lothrop which Land is in- U4.' ^Province'
capable of a Division among them: And Praying that he may be cha^f'io.'* ^^^'
impowered to make sale of the same for the benefit of his said
Children.
[Read and]
Resolved That the prayer of this Petition be granted, and that the
Petitioner be and hereby is impowered to make Sale of the Lands
mentioned in this Petition for the most the same will fetch, and
make and execute a good deed or deeds in Law to the purchaser or
purchasers. He observing the Rules of the Law for the Sale of Real
Estate by Executors and Administrators, and giving proper caution
to the Judge of Probate for the County of Suffolk that the Money
arising by said Sale be put to interest for the benefit of the Heirs,
and to account for said principal and Interest, and pay the same
to said Heirs when lawfully required in proportion to their interest
in said Real Estate. \^Passed February 2.
CHAPTER 131.
RESOLVE IMPOWERING STEPHEN LITTLE, GUARDIAN, TO SELL LAND
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Stephen Little of Newbury Guardian to Tristram Legislative
Coffin Bartlett a Minor of the same Town of the age of nine years Set- ^ou°cif *^* *^^
ting forth That the said Minor is in right of his Father Samuel Bart- xxvilI 175.
> Inserted from the House Journal, p. 100.
288
Province Ijxvf^ {Resolves, etc.). — 1767-68. [Chaps. 132, 133.]
House Jour-
nal, pp. 139,144.
Province
Laws, ii., 151,
chap. 10.
lett late of said Newbury deceased intitled to his dwelling House with
the Buildings and divers Lands near and commodious thereto: that
he is also intitled to a piece of Land in said Town containing about
thirty Acres about four Miles distant from the said dwelling House
with an old House and Barn thereon which together with the Fences
thereon are in a ruinous condition, and that the said Minors income
is insufficient for the Repairs thereof, and for the said Minors edu-
cation, he having no Personal Estate at all. And praying that he
may be impowered to make Sale of the said Thirty Acres for the
benefit of the said Minor, the principal Sum to be secured for the
said Minor 'till he shall come of age and the interest applied towards
defreying the expence of his Education and of the Repairs of his
other Estate.
[Read and]
Resolved That the prayer of this Petition be granted, and that
Stephen Little Guardian to the Minor mentioned in the Petition
be, and he hereby is impowered in his said capacity to make Sale
of the thirty Acres of Lands in the Town of Newbury as mentioned
in this Petition for the most the same will fetch, and make and
execute a good deed of the same to the purchaser; He observing the
Rules and directions of the Law for the Sale of Real Estates by Ex-
ecutors and Admin""^ and giving proper caution to the Judge of Pro-
bate for the County of Essex that the Money arising by said Sale be
applied for the benefit of said Minor as mentioned in this petition.
\^Passed February 2.
CHAPTER 132.
RESOLVE ALLOWING £129 TO M« W^' BAKER.
Legislative
Records of the
Council,
xxvii., 176.
House Jour-
nal, p. 145.
Resolved That there be allowed and paid out of the public Treas-
ury to William Baker Doorkeeper to his Excell^ the Governor and
this Court the Sum of One hundred and twenty pounds for his Ser-
vice for one year to be paid Quarterly. {^Passed February 2.
CHAPTER 133.
RESOLVE GRANTING 1,000 ACRES OF EQUIVALENT LAND TO SAM^ BROWN.
Legislative
Records of the
Council,
xxvil., 178.
Mass.
Archives,
cxviii., 325.
Mass.
Archives,
cxviii., 323.
Legislative
Records of the
Council, xxvi.i
72. House
Journal,
pp. 127, 128, 130,
I4(j. Province
Laws, xii., 315,
chap. 125.
A Petition of Samuel Brown of Stockbridge Setting forth, That
some time before the year 1739 there was granted to the people of
Plymouth a Township called N" T in the Line of Towns which was
afterwards sold to Mess" Hill & Keyes and called Hillsborough. That
the duty of settlement enjoined by the Court being fully performed
the Petitioner purchased One thousand Acres of Land in said Town-
ship of Gershom Keyes at the price of £500 in 1739 as Bills of Credit
then passed which he soon after sold at £550 and Warranted the
same to the purchaser. That said Township has since fallen into
the Province of Newhampshire and that said thousand Acres is in
consequence thereof now held by other persons who utterly refuse
to relinquish the same to the great damage of the Petitioner who
now stands chargeable with the Sum he sold it for amounting as he
[2d Sess.] FROyi-scE Laws (Besolves, etc.). — 1767-68. 289
is informed with the Interest and difference of Money to more than
£2,000 of the old tenor Money. And praying relief.
Resolved that there be granted to the ^ Sam' Brown his heirs &
assigns One thousand Acres of the Unappropriated Lands of the
province lying in the County of Hampshire or Berkshire to [be
laid] ' out in one peice Adjoining to some former Grant and that he
return a plan thereof In twelve months for Confirmation. [Passed
February 4.
CHAPTER 134.
RESOLVE ALLOWING £100 TO AND'^ OLIVER, ESQ«.
A PETiTioisr of Andrew Oliver Esq'' Secretary of this Province Set- Legislative
ting forth, That for divers years preceeding the year 1766 the Gen- counc'if, "* ^''^
eral Court had besides the usual Grants made him a further Grant xxvii., isi.
upon his application to them for that purpose. And praying that House Jour-
they would again make him such extraordinary Grant in considera- Province "
tion of the Services in said Petition mentioned; and that they would IsT^chapT'isV;
likewise make him a Grant for procuring Assistance in the Office as 6fX); chap 206.'
usual. chap! 175; '
Eead & ^^182, chap.
Resolved That the Sum of One hundred pounds be allowed and
paid out of the public Treasury to the hon**^® Andrew Oliver Esq''
Secretary of this Province to enable him to pay for Assistance in
his Office for the year past. [Passed February 5.
CHAPTER 135. l^^'^'^'^^f .
Records of the
Council,
ORDER ALLOWING £600 TO RICRi' JACKSON, ESQ'^. Mais.'' ^^^*
Archives,
Orderd that there be allowd & paid Out of the publick Treasury -^^'ii^^
to Eichard Jackson Esq' late Agent for this Province the Sum of Recordso^the
Six hundred Pounds sterling in full for Ins Services from January 502"°hou8^^^''
24 1765 to February 5 1767 and that the Treasurer be & hereby is Journal,
directed to purchase a Bill ^ Exchange & remit the same to Richard ifiutlil^l^^'
Jackson Esq' accordingly as soon as may be. [Passed February 5.
CHAPTER 136.
ORDER ALLOWING £600 TO DENYS DE BERDT, ESQ^
Ordered that there be allowed and paid out of the public Treas- Legislative
ury to Denys De Berdt Esq' the Sum of Six hundred pounds Ster- Records of the
ling in full for the Services he performed for this Province at the xxvfi?!i82.
Court of Great Britain from Novem' 1765 to Novem' 1767 and that Legislative
the Treasurer be and hereby is directed to purchase a Bill ^ Ex- councif xx*^^
change and remit the same to Denys De Berdt Esq' accordingly as ios'^^^House^'"'
soon as may be. [Passed February 5. Jp^iiel^zs, 135,
, ^ , 143'6is,'l49.'
Inserted from the Legislative Records of the Council, xxvii., 179.
290
Province Laws {Remlves, etc.). — ITGT-t^^. [Chaps. 137-139.]
CHAPTEK 137.
RESOLVE APPOINTING A HEARING ON THE LAND BANK AFFAIRS.
Legislative
Records of the
Council,
xxvii., 182.
Legislative
Records of the
Council,
xxvii., 162, 163,
179,180. House
Journal,
pp. 138, 140, 146,
147, 149. Prov-
ince Laws, iv.,
189, chap. 20;
919, chap. 19.
Ante, p. 219,
Chap. 226.
The House having taken into consideration the plea offered by
Robert Anchmuty Esq' to the Jurisdiction of this Court in the hear-
ing ordered to be had before the whole Court on Wednesday the 27'^''
day of January last, which hearing was then had before the two
Houses only (his Excellency having been prevented being present
by indisposition) upon the Eeport of a Committee of both Houses
the last Session wherein the Committee reported that a Bill be
brought in to Assess the Sum of Seventeen hundred and forty
pounds 7/3 with Interest from Septem'' 9"" 1740 on the late Direc-
tors of the Land Bank Company as due to tlie Partners of said Com-
pany. The said Plea having been duly considered, and it appearing
that the Jurisdiction of this Court in the case mentioned hath been
already established by sundry Acts of this Government which have
received the Royal Sanction.
Resolved That this Court will proceed to a hearing of the said
affair on Tuesday next the 9 Instant at ten O'Clock in the forenoon
npon the merits of the case. And that the parties concerned may
then have liberty of being heard by themselves or by Council learned
in the Law if they see cause. [Passed February 6.
CHAPTEE 138.
ORDER ALLOWING A COPY OF THE PROVINCE LAWS TO THE DISTRICT
OF CONWAY.
Legislative Ordered that the District of Conway in the County of Hamp-
Records of the , . , , , ^ . ^ t-. • t "^ i i . i "^ t^ • , i
Council, shire be allowed a set oi Province Laws, and that the Printer be
xxvii., 183. — directed to deliver them accordingly.' [Passed February 6.
CHAPTER 139.
RESOLVE GRANTING £183 TO HARRISON GRAY, ESQ^.
Legislative
Records of the
Council,
xxvii., 184.
Archives, civ.,
501.
Mass.
Archives, civ.,
500. House
Journal,
pp. 161, 153.
Ante, p. 284,
chap. 119.
A Petition of Harrison Gray Esq' Treasurer and Receiver Gen-
eral of the Province Setting forth That over and above the ordi-
nary Services & duties of his post, he hath borrowed the Sum of
£197,000 and issued Government Securities for the same payable
in June 1768. That he hath likewise paid the bounty on Wheat and
Flour to the amount of £1,578.11.2. And with gratitude acknowl-
edging the Grant made him for his common services, and praying
a further allowance.
[Read and]
Resolved, that the Sum of One hundred & Eighty three pounds,
be granted & paid out of the Publick Treasury to the Petitioner in
full Consideration of the Extraord^ services mention'd in y^ Peti-
tion. [Passed February 8.
* Not found in the House JournaL
[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 291
CHAPTER 140.
RESOLVE THANKING THE COMMISSARIES ON NEW YORK LINE AND
DIRECTING THAT A COPY OF THE PROCEEDINGS BE DELIVERED TO
EACH MEMBER OF THE COURT, &c.
Resolved that the thanks of this Court be, & they hereby are given Legislative
to the Commissaries, on the part of this Government, appointed to councu ^**'^*
settle the boundary line, with New York, for their faithful discharge xxvii., iss.
of their trust; and it is Archives, iv.,
Ordered that the Journal of the Proceedings at the Conference !!^:
be printed & that a Copy be delivered to each Member of the Court House Jour.
& also a Copy for the use of each town in the Province And ^n<e^p. -211,
that the printing of the same be under the Inspection & Correction p^ara.chap.
of the said Commissaries. \^Passed February 10. loe-
CHAPTER 141.
RESOLVE APPOINTING A FURTHER HEARING ON THE AFFAIRS OF THE
LAND BANK.
At THE HEARING yesterday on the Land Bank Affair M' Auch- Legislative
muty in behalf of the Directors having declared that the Committee councif," ^
of the General Court in 1751 Setled all Accounts between the late Mai"'* ^^'
Directors & Partners of said Bank, And that the balances reported Archives, civ.,
by S'^ Com*®^ as then due from Said Directors if paid must indem- ^-^. — -,
nify Said Directors against all future demands upon them on Ac- Refords^ofthe
count of Said Bank : and having Signified that he Should postpone xxvii^"i85
what he had further to offer on Said Affair till the General Court House Joiir-
Should determine whether the Settlement aforesaid ought to be province"*' ^^^'
deemed a full Settlement of all Accounts between S*^ Directors & Laws, m., 551,
T-, chap. 23; XIV.,
Partners 521, chap. 285.
Resolved that this Court will hear the whole of what the Directors chap. 137?°'
aforesaid have further to offer on the report of a Committee now
under consideration of this Court relative to said Bank before they
proceed to any determination thereon and that the further hearing
be had on Friday next at ten o'Clock before noon. And in Order
that this Court may have as full and clear an idea as may be of
what is fit to be done further in that affair, the said Com**^ are
hereby desired to attend at the same time, and declare the reasons
on which they have founded the Several parts of their report, in
order that the said Directors and all concerned may have an oppor-
tunity to make Such observations on Said report and the reasons
that may be offer'd in justification of it, as they, or any of them or
any person or persons in their behalf shall think proper. \^Passed
February 10. •
292
Province IjAVf^ {Resolves^ etc.). — 1767-68. [Chaps. 142-144.]
CHAPTEK 142.
RESOLVE ALLOWING £6 TO T. WOODBRIDGE.
Legislative
Records of the
Council,
xxvii., 1S6.
House Jour-
nal, p. 241
(February,
1766) ; p. 356
(March, 1767) ;
pp. 155, 156.
A Petition of Timothy Woodbridge Esq'' Praying an allowance
for eleven days time & expences viewing and apprizing by order of
this Court three several Tracts of Province Land upon which divers
persons had seated themselves, for which he hath as yet received
no recompence.
[Read and]
Resolved That the Sum of Six pounds be allowed & paid out of
the public Treasury to the Petitioner in full for his Services men-
tioned in the Petition. \^Passed February 10.
CHAPTEK 143.
RESOLVE ALLOWING £2. 10 TO JN*^ CHADWICK.
Legislative
Records of the
Council,
xxvii., 187.
House Jour-
nal, p. 155.
Supra, chap.
142.
A Petition of John Cliadwick Esq' setting forth, That he was
employed with Timothy Woodbridge Esq' to view and Apprize two
several Tracts of Province Land upon which divers persons had
seated themselves, in which Service he spent five days. And pray-
ing an allowance for his time and expences.
Read, and
Ordered That the Sum of Two pounds, ten shillings be allowed
and paid out of the public Treasury to the Petitioner in full for the
Services mentioned in the Petition. [Passed Fehrtiary 10.
CHAPTER 144.
RESOLVE ALLOWING £12 TO JN^ COX.
Legislative
Records of the
Council,
xxvii., 187.
Mass.
Archives,
Ixvi., 405.
Mass.
Archives,
Ixvi., 404.
House Jour-
nal, pp. 118, 153.
A Petition of John Cox of Falmouth Setting forth That in the
year 1758 Col" Waldo impressed his Sloop called the Ranger to carry
about 140 men for the Relief of S' Georges Fort when attacked by
the Indians, in which service He with five people together with said
Sloop were employed six days, for which he hath as yet received no
recompence. And praying an allowance.
[Read and]
Resolvd that the Sum of Twelve Pounds be allowd & paid out
of the publick Treasury to the Petitioner in full of the Services
within mentiond. \_Passed February 10.
[2d Sess.] Province Laws {Itesolves, etc.). — 1767-68. 293
CHAPTER 145.
RESOLVE IMPOWERING SYBIL PRATT, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Sybbel Pratt Widow of Oliver Pratt late of New- Legislative
ton deceased Admin'' of his Estate and Guardian of their three Ohil- cou^cu ^^''^^
dren Minors all under the age of five years Setting forth, That the xxvii., iss.
deceaseds Personal Estate is insufficient by the Sum of One hundred House Jour.
pounds to pay his just debts. That he died seized of about twenty ^^i'i}if,'m\^i.
seven Acres of Land lying partly in Newton and partly in Need- Province
ham with part of a dwelling House, Barn, Stable Potters Shop, chap.io."
Kiln House, Clay Mill, one half of a Forge and Blacksmiths Shop
standing thereon, and one quarter part of a Grist Mill. That it
is apprehended that it would greatly prejudice, if not spoil the
whole to sell of so much only as would suffice to pay the debts. And
praying that she may be impowered to dispose of the whole Interest,
the quarter part of the Grist Mill excepted for the payment of the
debts aforesaid, the remainder to be put on Interest for the benefit
of those concerned therein.
[Read and]
Resolved That the prayer of this Petition be granted and that the
Petitioner be and hereby is impowered to make sale of the deceaseds
Real Estate as mentioned in this Petition for the most the same
will fetch (excepting one quarter part of a Grist Mill) which is to
be reserved with so much of the Interest of the Money arising by
the Sale abovesaid as to be equal to one third part of said deceaseds
Real Estate which is to be for the use and benefit of the said Widow
during her natural life, and to make and execute a good deed or
deeds in Law to the purchaser or purchasers. She observing the
Rules and directions of the Law for the Sale of Real Estates by
Executors and Admin", and giving proper caution to the Judge of
Probate for tlie County of Middlesex that the Monies arising by such
Sale be applied for the payment of said deceaseds just debts and
charge of Sale, and the overplus to be put at Interest for the ben-
efit of the Heirs; she to account for the principal and Interest of
said Overplus, and pay the same to the said Heirs when lawfully
required in proportion to their respective Interests. \_Passed Feb-
ruary 11.
CHAPTER 146.
ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF
NATHi- SEARS FOR A REHEARING OF A CASE.
A Petition of Nathaniel Sears of Rochester Setting forth. That Legislative
in February last he bought of one Francis Nurse of New Rutland a councff,°**^®
Waggon for which he was to give him forty shillings; that after he xxvii., i89.
had repaired it Timothy Nurse Father of the said Francis took the House Jour.
Waggon from the Petitioner on pretence of his said Son's being a 'P' '•
Minor, whereupon the Petitioner brought an Action of Trespass
against him before one of his Majesty's Justices of the peace and
recovered damages and costs against the said Timothy who Appealed
from said Judgment to the Inferior Court of Common pleas for the
294
Province Laws (jResoZves, e^c). — 1767-68. [Chaps. 147-149.]
County of Worcester, which Action was continued to January, but
the Petitioner imagining that the Court was to be held in February
was called out. And praying liberty of a Rehearing of the said Case.
[Read and]
Ordered that the Petitioner notify the adverse party to shew cause
on Tuesday the 23'* Instant, if this Court shall then be sitting, or
otherwise on the first Tuesday of the next May Session why the
prayer of this Petition should not be granted, and that Execution
be stayed in the mean time, the Petitioner giving caution to the
Sheriff of the County of Suffolk for the payment of such Sum as
shall be finally adjudged for him to pay. \^Passed February 11.
CHAPTER 147.
COMMITTEE ON POTASH.
Legislative
Records of the
Council,
xxvii., 190.
Mass. ORDER SUBSTITUTING MR. DANIELSON FOR COL" PATRIDGE ON THE
Archives, lix.,
554.
Orderd that M'' Danielson be of the Committee to consider of the
Legislative
Records of the
67'i24^186'Y(m' ^^^^ mctliod for preventing the Adulteration of Potash & to preserve
276,356,443,446, that manufacture in the Province in the Room of Coll Partridge who
Journal, p.^se".^ is absent.' \^Passed February 11.
CHAPTER 148.
Legislative
Records of the
Council,
xxvii., 190.
House Jour-
nal, p. 140.
ORDER ALLOWING A COPY OF THE PROVINCE LAWS TO THE DISTRICT
OF HUBBARDSTON.
Ordered That the District of Hubbardston be allowed a set of the
Province Laws at the Public expence, and that the Printers be directed
to deliver the same accordingly. \^Passed February 11.
CHAPTER 149.
RESOLVE DIRECTING THE PROV. TREAS« TO GIVE BOND FOR THE
FAITHFUL DISCHARGE OF HIS DUTIES.
Legislative
Records of the
Council,
xxvii., 190.
House Jour-
nal, pp. 157, 158.
Infra, chap.
150.
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 the three eldest Councellors in the
Province for the time being who are hereby appointed a Committee
in behalf of the Province and especially Authorized for this pur-
' This order is not signed in the Secretary s copy of Legislative Records of the Coun-
cil, xxvii., 190, or in the Mass. Archives, lix., .554, but in the State Library copy, xxvii.,
195, we have the following, viz., " Consented to by the Governor."
This substitution not found in the House Journal.
[2d Sess.] Province Ija^s (Jiesolves, etc.). — 1767-(38. 295
pose; which Bond shall be conditioned for such Treasurers truly &
faithfully discharging the duty of his Office according to Law, and
for his rendering an Account when and so often as he shall be re-
quired by the General Court, of all such Sum or 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 Province ; provided that the said Bond be put in suit
within three years next after the date hereof, otherwise to be void
and of no effect. And that CoP Williams and M"" Hall with such as
the hon''''' Board shall Join be a Committee to judge of the sufficiency
of such as may offer to become Sureties for the Treasurer as afore-
said.
In Council, Kead and Concurred, and James Bowdoin Esq' is
joined in the affair. [Passed February 11.
CHAPTER 150.
VOTE CHOSING HARRISON GRAY PROVINCE TREASURER. Legislative
Records of the
T-. A » 1 TT T -, , Council,
Pursuant to the Agreement of the two Houses they proceeded xxvii., 192.
to the choice of Civil Officers for the present year, and first of a House .Jour-
Treasurer and Receiver General for the Province, when Harrison ^tpra/chkp.
Gray Esq' was chosen by a major vote of the Council and House i^^.
of Representatives. [Passed February 11.
CHAPTER 151.
VOTE CHOSING THOMAS HUBBARD COMMISSARY GENERAL
Pursuant to Agreement of the two Houses they proceeded to Legislative
the choice of Civil Officers for the present year, when Thomas Hub- c^un^Jf''* "^^^
bard Esq' was chosen the Officer for purchasing Provisions &c for xxvii., 192.
the several Forts and Garrisons by a major part of the votes of the House Jour-
Council and House of Representatives. [Passed February 11. nai, p. iss.
CHAPTER 152.
vote CHOSING JAMES RUSSELL IMPOST OFFICER.
Pursuant to Agreement the two Houses proceeded to the Legislative
choice of Civil Officers for the present year when James Russell counci? °* *^^^
Esq' was chosen Commissioner of Impost by a major part of the xxvii., 192.
Council and House of Representatives. [Passed February 11. House Jour-
•^ nal, p. 158.
296
Province Laws {Resolves, etc). — 1767-68. [Chaps. 153-155.]
CHAPTER 153.
VOTE CHOSING THOMAS GOLDTHWAIT TRUCK MASTER AT FORT
POWNAL.
Refords of the '^^^ '^^^'^ HOUSES according to Agreement proceeded to the choice
Council, of Civil Officers for the present year when Thomas Goldthwait Esq'
^^^""' — was chosen Truckmaster for Fort Pownall by a major vote of the
na°i"p! 159?*^' Council and House of Representatives. \_Pas6ed February 11.
CHAPTER 154.
VOTE CHOOSING PUBLIC NOTARIES.
Rlford^of the "^^^ ^^^ Houses according to Agreement proceeded to the choice
Council, of Civil Officers for the present year when the undermentioned per-
^^^"'' — sons were chosen public Notaries by a major ^'ote of the Council
nai!^p!i69?^ & House of Eepresentatives.
Suffolk For the Port of Boston . . . f Ezek> Goldthwait Esq'
I Henry Alline jun"^
r Salem John Nutting Esq''
I Ipswich M' Samuel Sawj'cr
Essex I Marblchead John Chipman Esq'
I Newbury William Atkins Esq'
[ Glocester Daniel Withani Esq'
Middlesex Charlestown M' Nath' Gorham
Plymouth Plymouth M' Edw'i Winslow jun'
Barnstable I l^^rnstable Solomon Otis Esq'
I Falmouth Thomas Smith Esq'
Bristol I v^°l"^T^K^^^v ^f **'
I Jilisha iobcy Esq'
Dukes County Edgartown M' John Pease jun'
Nantucket Obed Hussey Esq'
( York Daniel Moulton Esq'
York \ Kittery Charles Chauncey Esq'
I Wells Jn'^ Wheelwright Esq'
Cumberland Falmouth ...... Stephen Longfellow Esq'
Lincoln M' Tho« Moulton
\^Passed February 11.
CHAPTER 155.
ORDER DIRECTING THE COMMITTEE ON THE LAND BANK AFFAIRS TO
MAKE THEIR REPORT IN WRITING.
Legislative
Records of the
Council,
xxvii., 194.
Mass.
Archives, civ.,
525.
Legislative
Records of the
Council, xxvi.,
497. House
Journal, p. 163.
^n<e,p.291.
Chap. 141.
Ordered That the Committee last appointed to adjust the Affairs
of the late Land Bank Company be directed to reduce to writing
the Facts and reasons upon which they framed their Eeport now
under consideration of the court, and set forth the Evidence upon
which they proceeded ; and that they serve Eobert Auchmuty Esqr
who appears in behalf of the late Directors with a copy of the same
as soon as may be ; who is also directed to reduce to Writing his
Answer thereto; and that both be laid before this Court on Friday
the lO*^*^ Instant for their consideration. \^Passed February 12.
[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 297
CHAPTER 156.
RESOLVE IMPOWERING NICH" BAYLIES, ADM«, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Nicholas Baylies Admin"' of the Estate of Cap'^ Legislative
William Austin late of Taunton deceased Setting forth That the counc'i?,''^ "'®
deceaseds debts amount to £34:0.1.91/^ more than his Personal Estate; xxvii., vji.
and that the said deceaseds Estate is represented Insolvent, but that ^°,"*^ '^"'"'■- ^
, 1 /-< • • • , 1 i • ,1 /-.T • 1 T 1 nal,pp.l40, 160.
the Commissioners appointed to examine the Claims had not reported Province
in season for the Superior Court to take cognizance thereof. And clmp^io."' ^''^'
Praying that this Court would impower him to make Sale of the
deceaseds Real Estate, excepting the Widows Dower or thirds in
the same that the Creditors who may be prejudiced by a delay may
be paid their respective dividends.
[Read and]
Resolved That the prayer of this Petition be granted, and that the
Petitioner in said capacity be and hereby is impowered to make Sale
of the Lands mentioned in the Petition, reserving to the Widow as
within expressed, and make a good deed or deeds thereof to the
purchaser or purchasers of the same He observing the directions of
the Law in selling Real Estates by Exec" & Admin", and that he
give caution to the Judge of Probate of Wills &c for the County
of Bristol that he will apply the monies arising from said Sale to
the payment of the deceaseds just debts. \^Passed February 12.
CHAPTER 157.
RESOLVE IMPOWERING SUSANNAH HARTSHORN, ADM^, TO CONFIRM
FORMER SALE OF REAL ESTATE AND EXECUTE A DEED THEREFOR
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Susanna Hartshorn of Reading Admin^ of the Legislative
Estate of her late husband Thomas Hartshorn of said Reading de- councif °* '^^'^
ceased Setting forth That her said husband did in his life time xxvii., 195.
bargain and sell unto Andrew Beard of said Reading one fourth House Jour- _
part of a dwelling House and about twenty one Acres of Land ad- pro^ncl^^' ^^**
joining, about three Acres of Land lying at some distance, and about ^^^^',q-' ^^^•
an Acre and three quarters of meadow, for which the said Andrew '^
had paid a part of the money agreed for; but that her Husband
dying suddenly the deed was not given. And praying that she may
be impowered to execute a Deed of the Premises as had been agreed
between the said Parties.
[Read and]
Resolved That the prayer of this Petition be granted, and that the
Petitioner in her said capacity be and hereby is impowered to con-
firm the bargain and Sale of the Lands and the fourth part of the
dwelling house within mentioned by her late husband and execute
a good deed thereof unto the said Andrew Beard ; she giving caution
to the Judge of Probate of Wills &c for the County of Middlesex that
the remainder of the Money a|.ising from said bargain and Sale besides
what was received by her said Husband shall be distributed among
the Heirs according to the rules and directions of the Law for dis-
posing of Personal Estate Intestate. \^Passed February 12.
298
Province Laws {Resolves, etc.). — 1767-68. [Chaps. 15«-1G0.]
CHAPTER 158.
RESOLVE IMPOWERING DAV" DAMAN, GUARDIAN, TO SELL LAND AND
MAKING PROVISIONS IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council,
xxvii., 196.
House Jour-
nal, pp. 116, 157.
Province
Laws, ii., 151,
chap. 10.
A Petition of David Daman Guardian to Mehitabel Taylor of
Reading a person Non compos mentis Setting forth, That the said
Mehitabel is seized of eleven Acres of Woodland in right of her
Father Thomas Taylor deceased, which Land affords no Income to
the said Noncompos, who is able to do very little towards her own
support. And praying that he may be impowered to make sale of
the said Land for the benefit of the said Mehitabel.
[Read and]
Resolved That the prayer of this Petition be granted, and the
Petitioner in said capacity be and hereby is impowered to make
Sale of the Land within mentioned and execute a good deed or
deeds thereof to the purchaser or purchasers of the same, He ob-
serving the rules of the Law for selling Real Estates by Executors
and Admin", and giving caution to the Judge of Probate of Wills
&c for the County of Middlesex that the monies arising by said Sale
shall be improved in the best manner for the use and benefit of the
said Mehitabel. \^Passed February 12.
Legislative
Records of the
Council,
xxvii., 196.
House Jour-
nal, p. 161.
CHAPTER 159.
RESOLVE GRANTING TO 'SiOW ORR LICENCE TO SELL STRONG DRINK.
A Petition of Robert Orr of Dighton setting forth. That he was
occasionally out of the Province at the time for granting Licenses
to Retailers And Praying that the next Court of General Sessions
of the peace for the County of Bristol may be impowered to grant
him a License for the retailing Spirituous Liquors, he having been
already approbated by the Selectmen of said Town for that purpose.
[Read and]
Resolved That the prayer of the within Petition be so far granted
that the Court of General Sessions of the peace to be holden at
Taunton in and for the County of Bristol on the second Tuesday
of May next, be and hereby are impowered to grant Licenses to
the within named Petitioner, He obtaining the Approbation of the
Selectmen of the Town of Dighton for that purpose, the time for
granting Licenses being elapsed notwithstanding. [^Passed Feh-
ruary 12.
CHAPTER 160.
RESOLVE IMPOWERING JOS. BUFFUM, ADM», TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Joseph Buffum Admin"' of the Estate of James
Legislative
councnr**^^ Buffum late of Salem' Hatter dec** Setting forth That the said
xxvii ., 197. James died without Wife or issue, that a considerable part of his
nai^pp'm'^iei Estate consists of Buildings which are constantly going to decay,
[2d Sess.] Province Laws (7?eso?i;es, e<c.). — 1767-68. 299
the income whereof is not equal to the Interest of the Money due i62. Province
from said Estate, whereby the only ground of hope that there will JiJap^ioi' ^^^'
be any thing left for^the Heirs is in the speedy Sale of the Real
Estate. And Praying that he may be impowered to sell the same
accordingly,
[Read and]
Resolved That the prayer of the within Petition be granted, and
the Petitioner be and hereby is impowered to make sale of the whole
of the Real Estate within mentioned for the most the same will sell
for, and to make and execute a good deed thereof, he observing the
rules of the Law for the Sale of Real Estates by Executors and Ad-
min" and giving sufficient security to the Judge of Probate for the
County of Essex that the proceeds of said Sale be applied for the
payment of the deceaseds just debts, and the overplus if any there
be, secured for the benefit of the Heirs of said deceased. \^Passed
February 12.
CHAPTER 161.
ORDER IMPOWERING SHARP FREEBORN AND ESTHER HIS WIFE.
INDIANS, TO SELL LAND AND MAKING PROVISION IN REGARD TO
THE PROCEEDS.
A Petition of Sharp Freeborn of Paxton & Esther his Wife Legislative
daughter of Peter Lawrence late of Grafton Indian Planter de- councif *^' *^*
ceased Setting forth That at the last Session of this Court he xxvii., I'gg.
obtained leave to sell her part of her said Fathers Estate of the House Jour,
value of about £40 in order to discharge a Mortgage on his own iif/ife^iei'.*'^'
Estate to the amount of the like Sum, which leave was granted ^iJa*' Ig "*^'
upon condition he should execute a Deed of Release of his own
Estate for the benefit of the said Esther and her Heirs: but inas-
much as his said Estate is of double the value of the said Esther's
Lands, Praying that he may be impowered to sell the same upon
his securing to her and her Heirs an equivalent in his own Estate.
Read &
Ordered That the prayer of this Petition be granted, and the said
Sharp and Esther are hereby impowered by and with the consent and
under the direction of the Guardians of the Hassanamisco Indians
to sell the aforementioned twenty two Acres of Land the said
Esthers third or share in her Father's Estate for the most the same
will fetch, and make and execute a good and sufficient Deed or
deeds thereof. Always provided the proceeds thereof shall be ap-
plied to the discharging of the Mortgage mentioned in this Peti-
tion, and the Overplus, if any be, shall be ' remain in the hands of
the s** Guardians for the benefit of the said Sharp and Esther. Pro-
vided also that when the said Mortgage shall be discharged, the said
Sharp shall and he hereby is impowered to execute a deed of Release
to the said Guardians of so much of the Lands whereon he now
dwells in Paxton in trust for the benefit of said Esther and the
Heirs of the s"* Esther after the decease of the said Sharp as the
Guardians aforesaid shall Judge to be of equal value to the said
Esther's share in her Father's Estate. \Pas8ed February 12.
1 Sic.
300
Pkovince LiAws {Besolves, etc.) . — 1767 -QS. [Chaps. 162-164.]
CHAPTER 162.
Legislative
Recorda of the
Council,
xxvii., 202.
House Jour-
nal, p. 41
(1766-67) ;
pp. 112, 126, 152,
165.
ORDER APPOINTING A COMMITTEE TO EXAMINE TITLE TO LANDS IN
WORCESTER COUNTY.
A Petition of Benjamin Davis living near Oxford in the County
of Worcester Setting forth That there are several hundred Acres
of Province Land as he apprehends lying between Douglass and
Dudley and near to Oxford; that although said Land hath never
been granted away, yet divers persons have laid claim to it. And
Praying that he may be allowed to purchase the s^ Land, or if the
Government should not choose to maintain a dispute about it, that
they would quit claim to him their Title upon such terms as they
shall judge reasonable.
In Council, Read and
Ordered That Timothy Paine Esq' with such as the hon'''^ House
shall join be a Committee to treat with the Persons who under colour
of a title from this Government have entered into possession of the
Lands mentioned in this Petition and to release and quit Claim the
same to them upon such considerations as the said Committee shall
judge reasonable.
In the House of Representatives, Read and Concurred and Cap*^
Brown & Cap* King are joined. [Passed February 13.
CHAPTER 163.
Legislative
Records of the
Council,
xxvli., 204.
Mass.
Archives, ex.,
320.
Legislative
Records of the
Council,
xxvli., 144.
House Jour-
nal, pp. 120, 149.
RESOLVE FOR AN ADDITIONAL ESTABLISHMENT FOR FORT POWNAL.
In the House of Representa^*
The House taking under consideration his Excel'' Message of the
19*" Jan^ with respect to Fort Pownal
Resolved that there be a further Establishment of Eight privates
for the defence of Said Fort at the rate of one pound four ShilP
^ month, and also for one Chaplain at the rate of four pounds ^^
Month, ending the 20''' of June Next.
In Council Read & Concurred. [Passed February 15.
Legislative
Records of the
Council,
xxvil., 207.
House Jour-
nal, p. 170.
CHAPTER 164.
ORDER ALLOWING A COPY OF THE PROVINCE LAWS TO PIGWACKET.
Ordered that the Proprietors of a Place called Pigwacket be
allowed a set of the Province Laws, and that the Printers be
directed to deliver the same. [Passed February 16.
[2d Sess.] Province Laws {Resolves^ etc.). — 1767-68. 301
CHAPTEK 165.
ORDER ALLOWING THE ACCOUNT OF JOSIAH EDSON, GUARDIAN.
JosiAH Edson Esq" one of the Guardians of the Indians in the Legislative
County of Plymouth presented an Account of the Sale of one third Q^un^f °'*'^®
part of a twenty Acre Lot of Land in Bridgwater lately belonging xxvii.', m
to Deborah Brand deceased for the payment of debts by order of Archives,
this Court; whereupon the following Order passed viz* xxxiii.,462.
Orderd that (the within Account being right cast & well vouchd) House Jour-
the said Josiah Edson Esq'' be further accountable to the Heirs of Province '
Deborah Brand dec*^ viz Peter Brand & Joshua Brand for the Bal- ^l^^.^Vernbte!'
lance being four pounds five shillings & nine pence & Interest ^^Jf^^- p- i^^-
thereon from the 25"^ of April last. [^Passed February 16.
CHAPTEE 166.
ORDER ALLOWING THE ACCOUNT OF JOSIAH EDSON & JOHN TURNER, Legislative
GUARDIANS. Records of the
Council,
xxvii., 208.
Josiah Edson Esq"* and M'' John Turner Guardians of the Indians ^rcitives
in the County of Plymouth presented their Account with Patience xxxiu., 460.
Thomas Indian Woman at Mattakeset in Pembroke : whereupon the Mass.
following Order passed viz* xxxm^flhg.
Orderd that Josiah Edson & John Turner Esq" Guardians of the |ouse Jour-
Indians in the County of Plymouth be further accountable for the Proviiice '
Ballance being the Sum of One hundred twenty one pounds five ^lfa^!'76Jnote^
shillings t& tenpence half peny belonging to Patience Thomas an
Indian Woman at Mattakesett in pembrook. \^Passed February 16.
CHAPTER 167.
RESOLVE IMPOWERING DAVID TORRE Y, ADM" AND GUARDIAN, TO SELL
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO-
CEEDS.
A Petition of David Torrey Admin' of the Estate of Abner White Legislative
late of Weymouth deceased intestate and Guardian to Asa White and councif °^ ^^^
Elizabeth White Children of said Intestate Setting forth, That he xxvii., 209.
hath settled his administration account with the Judge of Probate House Jour-
by which it appears that there is Sixty pounds due to the Petitioner; province^'
that since the death of the said Abner his dwelling House has been Laws,ii.,i5i,
wholly consumed by fire, whereby the Widow and Children are des-
titute of an habitation; that since the death of their Father about
six Acres & a half of Land hath fallen to his said Wards by the
death of Thomas White their uncle. And praying that he may be
impowered to make Sale of the said Land, and so much of the Land
of their said Father as shall be sufficient to discharge the debts of
the said Intestate, and to erect a small Building on the Estate for
the accomodation of the Family.
302
Province Laws {Resolves, etc.). — 1767-68. [Chap. 168.]
[Read and]
Resolved That the prayer of this Petition be granted, and that
the Petitioner be and hereby is impowered in his said capacity as
Admin' to make Sale of so much of the Real Estate of the said
deceased for the most it will fetch where it shall be least prejudi-
cial to the remainder as shall amount to the Sum of Sixty pounds
for the payment of said deceaseds just debts, and such further Sum
as shall be sufficient to pay the charges of the Sale and make and
execute a good deed or deeds of the same to the purchaser or pur-
chasers, he observing the direction of the Law for the Sale of Real
Estate by Executors and Admin''^ Also further
Resolved That the said Petitioner be and hereby is impowered in
his said capacity as Guardian to Asa White and Elizabeth White
Heirs of the said deceased to sell the six Acres and half of Land
mentioned in this Petition belonging to the said Minors, and to
make and execute a good deed or deeds to the purchaser or pur-
chasers; he observing the rules & directions of the Law for the Sale
of Real Estates by Executors and Admin", and giving caution to
the Judge of Probate for the County of Suffolk that the proceeds
of said Sale be applied for the Building a House for the use and
benefit of said Minors. \^Passed February 17.
CHAPTER 168.
Legislative
Records of the
Council,
xxvii., '210.
House Jour-
nal, pp. 9, 14t),
161. Province
Laws, x.,-2'20,
chap. 174.
RESOLVE CONFIRMING 300 ACRES LAND TO MIDDLECOT COOKE.
A Petition of Middlecot Cooke Esq' Setting forth That on the
11*^ of may 1659 tlie Great and General Court for divers good causes
and considerations made a Grant to Jeremiah Belcher of three hun-
dred Acres of Land, but as the said Land was not laid out in the
life time of the said Jeremiah his Son Jeremiah preferred his Peti-
tion to the General Court on the 17'^ of novem' 1722 who there-
upon revived and confirmed the said Grant to him, who on the 21^''
of Novem' following by Deed conveyed the same to his Son Joseph,
and the said Joseph by his Deed the l*"^ of January 1723 conveyed
the same to Elisha Cooke Esq"" Father of the Petitioner which Grant
has never been confirmed to him. And Praying that the said Grant
may be revived, and as the Right is now vested in the Petitioner
by virtue of his Fathers Will, that the Plan & return herewith pre-
sented may be confirmed to him. The Land in said Plan is bounded
as follows viz* begining at the Southeast corner of a Tract of Land
laid to Jonathan Bagley Esq' joining upon the head of the Town-
ship of Lebanon so called, and running by said Lebanon Xortheast
and by East ninety six rods: then northwest by north by unap-
propriated Lands seven hundred and twenty rods to the Northeast
branch of Salmon falls River, and by said River until it comes to
the north corner of said Bagley's Land and then by the same Land
to the begining : Allowance being made of forty acres for a Pond
and Heath lying within the same, as Surveyed by James Warren jun''
[Read and]
Resolved That the within Plan of Three hundred Acres of Land
delineated and described as it is set forth therein be accepted and
hereby is confirmed unto Middlecot Cooke his Heirs and Assigns in
lieu of and in full satisfaction for the Grant of Land formerly made
[2d Sess.] Puovince Laws {Resolves, etc.). — 1767-68. 303
by this Court of three hundred acres to Jeremiah Belcher May 11
AD 1G59 and afterwards confirmed to Jeremiah Belcher Son of the
aforesaid Jeremiah Nov"" 17 1722 which has not been heretofore taken
up. Provided that it doth not exceed the quantity of three liundred
acres, exclusive of the allowance of forty Acres for a Pond and
Heath, nor interfere with any former Grant. \^Passed February 17.
CHAPTEK 169.
RESOLVE IMPOWERING SARAH ROSS TO SELL REAL ESTATE.
A Petition of Sarah Ross Setting forth, That her Husband Legislative
Records of the
William Ross hath been absent from her more than four years, council,
during which time she hath had no Letter or Account from him, xxvn., -iia.
and that she hath had the small Pox since his departure which nai"pp'\*4Ti6T
hath reduced her to great straits & difficulties and is now indebted no.'
for the charges thereof and for her subsistence. That she hath a
paternal Estate in the Town of Berwick, but no income to subsist
upon. And Praying that she may be impowered to sell the said
Estate that she may be enabled thereby to put herself in a way
of business and procure a maintenance.
[Read and]
Resolved That the prayer of this Petition be granted, and that the
Petitioner be and hereby is impowered to sell and dispose of the
Estate therein mentioned and to make and execute a good deed in
Law to the purchaser or purchasers and apply the proceeds of said
Sale to her own use and benefit : It appearing that the Lands men-
tioned in the within Petition are worth One hundred pounds that
they are unimproved Lands, that they bring in nothing, that they
fall short of fifty Acres: that the Petitioner justly owes Thirty six
pounds for Medicines and Attendance &c when she had the Small
Pox, that she hath nothing wherewith to pay the same or support
herself but the charity of her Friends, [^Passed February 18.
CHAPTER 170.
ORDER DIRECTING THE JUDGE OF PROBATE FOR THE COUNTY OF
WORCESTER TO ALLOW FURTHER TIME TO ENTER CLAIMS AGAINST
AN ESTATE.
A Petition of William Molineux Attorney to Charles Ward Legislative
Apthorp Esq"" Setting forth That Isaac Thomas late of Hardwick council!*'
deceased was at the time of his Death indebted to said Apthorp on xxvu., 203, 213.
two Notes of hand, about thirteen hundred pounds lawful Money, ^.f "^^^ '^'^^'igo
and that the Estate of tlie said Isaac was by John Rowe Esq"" the i65,'i75,' ne!
Admin'' represented Insolvent and Commissioners were accordingly chap. 6.' ^^''
appointed to receive the Claims, in consequence whereof the Peti-
tioner gave to M' Rowe his demand upon said Thomas's Estate,
who as he was going to Hardwick promised to give in the same to
the said Commissioners; but after eighteen months were elapsed, it
appeared that a division had been ordered without any regard had to
the Petitioners Claim, which it seems had never been given in. And
304
Province Laws (i^esoZves, etc.). — 1767-68. [Chaps. 171, 172.]
inasmuch as no dividend has been actually yet made, Praying that
his Claim aforesaid may be allowed to be admitted, the time granted
for giving in the same being elapsed notwithstanding.
[Read and]
Ordered that the prayer thereof be so far granted as that the
Judge of Probate for the County of Worcester be, and he is hereby
authorized and directed to allow the Creditors of the Estate of the
said Isaac Thomas until the tenth day of June next to bring in
their Claims to prove their debts due notice thereof being previously
given them in manner as the Law directs; and in the distribution
of the said Estate the aforementioned and any further demands on
said Estate which after examination of 'em had by the Commis-
sioners appointed for that purpose shall appear to be just, be con-
sidered and admitted that so every Creditor may receive his just
proportion of said Estate. \^Passed February 18.
CHAPTER 171.
RESOLVE IMPOWERING LYDIA MULLIKEN, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council,
xxvii., 215.
House Jour-
nal, pp. 146, 173.
Province
Lavrs, ii., 151,
chap. 10.
A Petition of Lydia Mulliken Admin'' of the Estate of her late
husband Nathaniel Mulliken of Lexington deceased Intestate Set-
ting forth That he some niontlis before his death purchased a Lot
of Woodland of about Fifty acres lying in Lexington, wliereby his
Estate is greatly involved and subject to pay interest, whereas the
said Woodland brings in nothing. And Praying that she may be
impowered as she has a prospect of selling the said Land to ad-
vantage to make Sale thereof in order to discharge the debts due
from the Estate, for which purpose she is ready to release her Right
of Dower in the Land aforesaid.
[Read and]
Resolved That the prayer of this Petition be granted and that the
Petitioner in lier said capacity be and liereby is impowered to make
Sale of the Land mentioned in the Petition, and to execute a good
deed or deeds thereof to the purchaser or jDurchasers of the same;
She observing the Rules & directions of the Law for selling Real
Estates by Executors and Admin''^ and giving caution to the Judge
of Probate of Wills for the County of Middlesex that she will ap-
propriate the money arising from said Sale to the payment of the
deceaseds debts, and the remainder, if any, shall be secured for the
benefit of the Heirs. [^Passed February 18.
CHAPTER 172.
RESOLVE ALLOWING £200 TO THE COMMISSARY GENERAL.
Legislative
Records of the
Council,
xxvll., 220.
House Jour-
nal, p. 176.
Resolved That there be allowed and paid out of the public Treas-
ury to the hon^'® Thomas Hubbard Esq'' Commissary General the
Sum of Two hundred pounds for one years Service ending the
eleventh day of January last. \^Passed February 18.
[2d Sess.] Province Laws (i?eso/ves, e^c). — 1767-68. 305
CHAPTER 173.
RESOLVE ALLOWING £20 TO M" STEPHEN SEWALL. Legislative
Records of the
Counc'll,
Resolved that the Sum of Twenty pounds be allowed & paid out '^^^l'* 2^-
of the Publick Treasury to M' Stephen Sewall Professor of the Archives,
Hebrew & other oriental Languages at Harvard Colledge as a Gra- ^^'^•' ^'^'
tuity, in Consideration of his faithfull Discharge Of that Trust ^aTp^nT'
the Year past. \^Passed February 18.
CHAPTER 174.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL
COUNTY.
The Account of Kobert Luscombe Treasurer of the County of J^egisiative
Bristol being laid before the Court for allowance the following council,
Order passed thereon viz' xxvn., 22i.
Resolved That the within Account being right cast & well vouched ^a^i^p*; l^^^'
be allowed, and that the Treasurer of the County of Bristol be dis-
charged of the Sum of One hundred and seventy five pounds six
shillings and five pence which he has paid by order of the Court
of General Sessions of the peace, and that he be further account-
able for a balance of One hundred and seven pounds three shillings
and two pence due to the County aforesaid when he shall receive
it. \_Passed February 19.
CHAPTER 175.
RESOLVE IN REGARD TO LAND GRANTED JACOB GLEASON AND
OTHERS.
A Petition of Jacob Gleason, Samuel Warner Samuel Warner Legislative
Jun'', Allen Goodrich and Lemuel Goodrich living on Province councif °* '^^^
Lands West of Lanesborough in the County of Berkshire Setting xxvii., 223.
forth That they are upon a Tract of Land joining West on Dwights Legislative
Line, and are bounded South on the north Line of Lands granted councif, *^* *^^
to Benj"* Goodrich •& others and north on Lands granted to Asa xxvii.,224.
Douglass and others. And Praying that this Court would quit Claim nai, pp. 342,356
to them the said Tract of Land being about nine hundred and fifty p^.^58^68^167,'
Acres, they giving security to the Province Treasurer for what this i'*-
Court shall Judge to be the worth of the premises.
[Read and]
Resolved That the prayer of said Petition be so far granted as
that nine hundred forty three Acres & half of Land included in a
Plan of Nine hundred ninety and one Acres of Land returned to
this Court by Asa Douglass Jun"" be quit Claimed to the said Jacob
Gleason, Samuel Warner, Samuel Warner Jun"", Allen Goodrich,
Lemuel Goodrich and Asa Douglass Jun'' in equal shares or Divi-
sions, to them, their Heirs and Assigns forever, upon condition that
they give security to the Province Treasurer to pay him or his Sue-
306
Province 'LAW8{Besolves,etc.). — 1767-68. [Chaps. 176, 177.]
cesser in that office Seventy and two pounds and fifteen shillings
within one Year. Provided said Tract of Land do not interfere with
any former Grant: and in case any of the abovenamed shall refuse
or neglect to pay his or their proportion of said Sum of Seventy
two pounds, fifteen shillings, then his or their share shall become
the property of the other abovenamed Associates, they paying said
delinquents projDortion. [Passed February 19.
CHAPTER 176
Legislative
Kecords of the
Council,
xxvii., 227.
Mass.
Archives,
xxxiii., 448.
House Jour-
nal, pp. 170, 181.
Province
Laws, XV., 738,
chap. 523; xvi.,
241, chap. 76,
note.
RESOLVE DIRECTING THE GUARDIANS OF THE PLYM" INDIANS TO
REIMBURSE THE PURCHASERS FOR DEFICIT IN LAND.
The Representation of Josiah Edsou and John Turner Esq"
two of the Guardians of the Indians in the County of Plymouth Set-
ting forth That on the 8"' of march 1757 Patience Thomas Abigail
Osgood and Caleb Brand of the Indian Tribe at Mattakeset within
the Township of Pembroke obtained leave of the Court with the
consent of their Guardians to make Sale of 1701/^ Acres of Land in
said place which was accordingly sold to IS'ehemiah Gushing and
Israel Turner of said Pembroke at £8.2/ old tenor ^ Acre soon
after which the said Nehemiah sold his part to the said Israel who
is now deceased. That the said Lands have been surveyed anew and
found to contain only 144^/4 Acres and ten rods; and as they were
sold by the Acre it appears reasonable that the purchasers should
be reimbursed the overplus Money which they had paid as aforesaid
with Interest. And Praying the direction of this Court concerning it.
[Read and]
Resolved that the Guardians of the Indians in said County of
Plymouth, be, and hereby are Directed to repay (out of the Money
in their hands belonging to Patience Thomas) unto those heirs of
Israel Turner deceased, to whom the right of those lands belong,
in and by the last Will and Testament of the said Israel the sum
of forty Six pounds Eighteen Shillings & Eleven pence being the
Exact Sum, with the Interest that the laud falling Short amounts
to at the price it was Sold for. [Passed February 20.
CHAPTER 177.
Legislative
Records of the
Council,
xxvii., 229.
Mass.
Archives,
Ixxx., 651.
Mass.
Archives,
Ixxx., 650.
House Jour-
nal, pp. 153, 180.
Province
Laws, xvii.,
100, chap. 234.
RESOLVE ALLOWING £6 ANNUALLY TO JN" BEVERLY.
A Petition of John Beverly Setting fortli, That He was a Sol-
dier in the pay of the Province in 1760 and that on his return home
in the winter being lost in the woods he was so frozen that he lost
both his feet, nor are his legs healed to this day. And praying relief.
[Read and]
Resolv^ that there be pay^ out of the publick Treasury of this
province to the Treasurer of the Town of Andover for the use of
John Beverly of Said Town the Sum of Six pounds Lawfull Money
and the Same Sum Annually untill the further Order of the Gen-
eral Court to be Dispos<^ of by the Overseers of the poor of Said
Town as they Shall judge most for the Advantage of Said Beverly.
[Passed February 20.
[2d Sess.] Province Laws {Resolves^ etc.). — 1767-68. 307
CHAPTER 178.
RESOLVE IMPOWERING JN" RAND, ADM», TO SELL LAND AND MAKING
PROVISION IN REGARD TO THE PROCEEDS.
A Petition of John Rand of Sherburn Admin'" of the Estate of Legislative
his late Father Caleb Rand late of said Sherburn in the County of coimcu,*' * ^
Nantucket dec^ Setting forth That the debts of the said deceased xxvii., 229.
amount to £23.18.11 more than the whole of his Personal Estate: ^^^^^ '^?y^\^^
•11 !• 1 11 11>1T-»1 Dal| PP- I"*, 181.
and praying that he may be impowered to sell so much or the Real Province
Estate as shall be sufficient to discharge the debts aforesaid. cha^!'io."'^^^'
[Read and]
Resolved That the prayer of this Petition be granted, and that
the Petitioner in his said capacity be and hereby is impowered to
make Sale of the Land mentioned in this Petition and to execute a
good deed or deeds thereof to the purchaser or purchasers of the
same he observing the Rules and directions of the Law for selling
Real Estates by Executors and Admin" and giving caution to the
Judge of Probate of Sherburn in the County of Nantucket that he
will appropriate the monies arising from said Sale to the payment
of the said debts mentioned in said Petition and charges of Sale.
\_Passed February 20.
CHAPTER 179.
RESOLVE IMPOWERING JOSEPH MARSHALL AND OTHERS, GUARDIANS,
TO SELL REAL ESTATE.
A Petition of Joseph Marshall, Daniel Gardner and Jonathan Legislative
Gardner all of Sherburn in the County of Nantucket Guardians to councif °**^^
the Person and Estate of Barnabas Gardner of said Sherburn who xxvu., 230.
through age and infirmities is become Noncompos Setting forth. House Jour-
That in order to provide for the support of the said Barnabas it is i^/.'is^'.^^prov-
become necessary to sell a part of his Real Estate. And praying that isi^^a^^i"'*
they may be enabled to sell a part of the Real Estate for the pur-
pose aforesaid accordingly.
[Read and]
Resolved That the prayer of this Petition be granted and that the
Petitioners in their said capacity be and hereby are impowered to
make Sale of part of the Real Estate prayed for in said Petition to
the amount of Eighty pounds lawful money and to make and exe-
cute a good deed or deeds in Law to the purchaser or purchasers,
he observing the Rules and directions of the Law relating to the
Sale of Real Estates, giving caution to the Judge of Probate for
the County of Nantucket that the money arising by such Sale be
applied for the purposes mentioned in this Petition. [Passed Feb-
ruary 20.
308
Province lJA^N% {Resolves, etc.). — 1767-68. [Chaps. 180, 181.]
CHAPTER 180.
Legislative
Records of the
Council,
xxvii., 230.
House Jour-
nal, pp. 179, 183.
Ante, p. 46,
Cbap. 90.
RESOLVE ALLOWING FURTHER TIME TO THE HEIRS OF ELIZABETH
RAND TO LAY OUT A GRANT OF LAND.
A Petition of Samuel Willis of Middleton in behalf of the Heirs
of Elizabeth Rand dec'^ Setting forth, That on the 25"" day of June
1765 the Great and General Court granted to the said Elizabeth Rand
her Heirs and assigns twelve hundred Acres of unappropriated Lands
to be laid out adjoining to some former Grant, a Plan thereof to be
returned within twelve Months from that time for confirmation : that
the said Elizabeth Rand then lived out of the Province and is since
dead, by reason whereof the said Land has not yet been laid out.
And praying for further time to lay out the said Grant and to return
a Plan of the same.
[Read and]
Resolved that the prayer of the within Petition be granted and
that the Heirs of the within named Elizabeth Rand deceased be
allowed a further time for laying out said twelve hundred Acres of
Land within mentioned, they observing the Resolve of the House
of Representatives passed June 25"' 1765 relative to laying out the
same: and that they return a Plan thereof into the Secretary's Office
in twelve months from this time. \^Passed February 20.
CHAPTER 181.
Legislative
Records of the
Couucil,
xxvii., 232.
Mass.
Archives, xlx.,
769.
Mass.
Archives, xlx.,
768-770. House
Journal, pp. 9,
172, 185.
RESOLVE IMPOWERING WILLIAM FISHER, GUARDIAN, TO JOIN WITH
THEM IN SALE OF REAL ESTATE AND MAKING PROVISION IN RE-
GARD TO THE PROCEEDS.
A Petition of Andrew Tyler Clerk, Catharine Ochterlony Widow,
Charles Pelham and Mary his Wife, John Tyler and William Fisher
Guardian of Miriam Tyler a Minor Setting forth That Miriam Tyler
late of Boston Widow deceased by her last Will and Testament de-
vised a certain Brick house and Land in Ann Street in Boston to
her four Children namely Andrew Tyler, Catharine Ochterlony, John
Tyler and Mary Pelham and to her Grand Child Miriam Tyler a
Minor to be divided into five equal parts between them. That in the
late Fire the Kitchen of the said House was consumed and the
House damaged, besides which there is an incumbrance of £1,800,
Old Tenor upon it and only £500 like money Personal Estate where-
with to discharge it; and that they are all desirous of selling said
Estate Wherefore praying that they may be enabled to make Sale
thereof, one fifth part of the net proceeds"^ of said Sale to be secured
for the benefit of the said Minor.
[Read and]
Resolv'd that the Prayer of this Petition be granted And that the
Said William Fisher Guardian to the Said Minor be and hereby is
impower'd to joyn with the Other Petitioners in making Sale of
the House and Land within mentiond for the most it will fetch
and with them to execute a good and Sufficient Deed thereof to the
Purchaser he giving Caution to the Judge of Probate of Wills &c
[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 309
for the County of Suffolk that the neat Proceeds of the Said Minors
Part of the Premises Shall be Secur'd for her use & Benefit. \_Passed
February 22.
CHAPTER 182.
RESOLVE IMPOWERING THE PROPRIETORS OF WESTMINSTER TO TAX
THEIR LANDS, ALSO TO CHOOSE COLLECTORS THEREOF, ETC.
A Petition of Elisha Marsh Agent for the Proprietors of West- Legislative
minster setting forth That at a Meeting of said Proprietors held council^ °* '''^^
at Westminster 30'*^ December 1767, it appears that they were in xxvii., 233.
debt the Sum of £142.0.91/4 almost £50 whereof is on a Judgment j^^Tf 'i37''i8i
of Court now in force against them and in order to discharge the isT.'it^s! pVov-
said Debts, they impowered the Petitioner to make application to i44fnoteIxvii'.,
this Court for a Tax on all the Lands in Westminster viz'' On the 306, chap. i83.
first, second and third divisions 60 Acres each as a Standard, the
fourth or undivided Land at 20 Acres each, and the meadow Lots
at three and the Farm Land so called at 500 Acres computed at two
Original Rights. And praying that a Tax may be laid on said Lands
accordingly, and that Execution on the Judgment aforesaid may be
stayed till the money can be raised.
[Read and]
Resolved That the prayer of the Petition of Elisha Marsh be so
far granted as that the Proprietors of Westminster in the County
of Worcester be and hereby are impowered to Tax all the Lands men-
tioned in said Petition at one penny half penny ^ Acre amounting
to the Sum mentioned in said Petition of One hundred and forty
two pounds and nine pence, and Nine pounds for paying the ex-
pence of said Marsh and for levying and collecting said Tax, and
the said Proprietors are hereby impowered to choose Assessors and
Collector or Collectors respectively to assess and Collect the same, -
Avhich Collector or Collectors are hereby impowered to collect said
Tax in the same manner and by the same rules as Province Taxes
are Collected from time to time. Also it is hereby to be understood
that each Proprietors whole Right in said Propriety contains two
hundred and three Acres. And Avhereas there was a Tax laid on the
Proprietors Lands in Westminster by the General Court in October
1762 and afterwards set aside by the Court: and whereas some of
said Proprietors paid said Tax although set aside as aforesaid, it is
hereby to be understood that when the Tax abovesaid is collected
of one penny half penny ^ Acre, that then those persons that have
paid the former Tax that was set aside aforesaid, be reimbursed the
Sum or Sums they then paid out of the Sum that may be collected
by the present Tax of one penny half penny ^ Acre. [Passed Feb-
ruary 23.
310
Province Laws {Resolves, etc.). — 1767-68. [Chaps. 183-185.]
CHAPTEE 183.
RESOLVE DISCHARGING STEP« WESSON OF DEBTS DUE THE PROVINCE.
Legislative
Records of the
Council,
xxvii., 235.
House Jour-
nal, p. 186.
Wheeeas it appears that M"" Stephen Wesson Constable of the
Town of Concord in the year 1735 (returned an outstanding debtor)
has paid all the monies that were due to the Province and has proper
Eeceipts in full for the same.
Therefore
Resolved That the said Wesson be discharged in the Province
Treasurer's Books. [Passed February 23,
CHAPTER 184.
ORDER ALLOWING £15 TO W^ KELLOGG.
Ordered That the Sum of Fifteen pounds be allowed and paid
out of the public Treasury to William Kellogg Agent for the Plan-
tations of Nobletown, Spencer, Tauconick, and New Canaan in full
mil^pp.''i5M84. consideration of the expences of his Journey, Attendance on this
Ante, p. 254, "^ -^ -^ ■ •- ^^ -.-.-.■> ^^
chap. 60.
Legislative
Records of the
Council,
xxvii., 236.
House Jour-
Court and Keturn. [Passed February 23
CHAPTER 185.
RESOLVE IMPOWERING THANKFUL CUTTING, ADM'^, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council,
xxvii., 237.
House Jour-
nal, pp. 137, 187.
Province
Laws, ii., 151,
chap. 10.
A Petition of Thankful Cutting of Waltham Widow and Ad-
min^ of the Estate of her late Husband Richard Cutting late of
Waltham deceased Setting forth, That the deceaseds Personal Estate
is insufficient to pay his just debts: that he died seized of about
Eighty Acres of Land in Brookfield which he was obliged to take
in order to secure his just Right, and which he had afterwards put
upon Sale. And praying that she may be impowered to sell the same
under such restrictions as this Court shall think proper.
[Read and]
Resolved That the prayer of this Petition be granted, and that
the Petitioner in her said capacity be and hereby is impowered to
make Sale of the Lands mentioned in the Petition and execute a
good deed or deeds thereof, she observing the rules & directions of
the Law in selling Real Estates by Executors & Admin" and giving
caution to the Judge of Probate of Wills »ic for the County of Mid-
dlesex that she will appropriate the Monies arising from said Sale
to the payment of the deceaseds debts and the remainder if any
shall be, secured for the benefit of the Heirs. [Passed February 23.
[2d Sess.] Province Laws {Besolves^ etc.) . — 1767-68. 311
CHAPTER 186.
RESOLVE IMPOWERING MARY HOW, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Mary How Admin'' of the Estate of her late Hus- Legislative
band Josiah How of Charlton deceased Setting forth That the coS"'^^*'
deceaseds Personal Estate is insufficient to pay his just debts; that ^^v"-' -^^-
he died seized of a Farm in Charlton Apprized at One hundred and ^o/i^e Jour-
P 1 • 1 111 11 D'll, 1>P- llOi iOO.
ninety five pounds, to sell a part oi winch to pay tlie debts would Province
spoil the whole. And praying that she may be impowered to sell the chap!'ioi' ^^^'
whole of said Estate, She to have the income of one third part of
the produce as her dower, the remainder to be applied for the pay-
ment of the deceaseds debts so far as may be needed for that pur-
pose and the residue divided among his Children.
[Read and]
Resolved That the prayer of this Petition be granted, and the
Petitioner is impowered in her said capacity to make sale of the
premises for the most the same will sell for, and to make and exe-
cute a good deed or deeds thereof in Law, She observing the Rules
of Law for the sale of Real Estates by Executors and Admin" and
giving proper caution to the Judge of Probate of Worcester that
the proceeds of said Sale shall be applied as mentioned in this Peti-
tion. \_Passed February 23.
CHAPTER 187.
RESOLVE ALLOWING £2. 8. 4 TO GEO. BRUCE.
A Petition of George Bruce of Mendon Setting forth, That in the Legislative
year 1756 he being then a Deputy Sheriff for the County of Worcester coSnc'ir* *^^
did by virtue of his Excellency's Proclamation apprehend & secure xxvii., 238.
three Deserters from his Majesty's Service, the Cost and charge ^ ^j"***^ '\*'j^^'"ic5
whereof for himself and Assistants amounts to £2.8.4 for which he '^^' '
presented a Petition in 1758 but the same being then lost or mislaid
he hath never received any recompence. And praying an allowance.
Read and
Resolved That the prayer be granted so far as that there be allowed
and paid out of the Public Treasury the Sum of Two pounds, eight
shillings & four pence to M' Joseph Dorr for the use of the Peti-
tioner in full discharge of the Petitioners Account mentioned in
the Petition. \^Passed February 23.
CHAPTEE 188. kSXlh^.
Council,
ORDER APPOINTING A COM^^''- TO BUILD A LIGHT HOUSE NEAR xxvii., 24.3.
PLYMOUTH HARBOR. Archives,
Ixvl., 426.'
In the House of Representatives House Jonr-
Order d that Coll Warren & Cap Thomas with such as the Hon^« f^g ' 'provK'
Board shall jovn be a Committee to build a Light house near Plvm- LaWe, iv., 992,
„,iTTu chap. 22; 1004,
outh Harbour note.
In Council Read & Concurr'd and Gam^ Bradford Esq'' is joined.
\^Passed February 24.
312
Province Laws (i^eso/ve^-, e^c). — 17(57-08. [Chaps. 189, 190.]
CHAPTEE 189.
RESOLVE IMPOWERING REBECCA SWIFT, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council,
xxvii., 247.
House Jour-
nal, p. 182 bis.
Province
Laws, ii., 151,
chap. 10.
A Petition of Jeremiah Tucker and Rebecca Swift Widow,
Admin" of the Estate of Nathaniel Swift late of Milton Yeo-
man deceased Setting forth That the deceaseds Moveable Estate
amounted to £42.12.10 and that there is due from said Estate with
an allowance to the Widow the Sum of £51.9.1 That he died siezed
of a House and about fifteen Acres of Land in Milton and of about
30 Acres of Pasture at about a miles distance from the Homestead,
Apprized in the whole at £393.6.8 Tliat the deceased left nine Chil-
dren, seven of whom are Minors, and that the Income of said Estate
is insufficient for their support, but if turned into Money would
yield four times as much as the Estate does. And praying that they
may be impowered to sell tlie said Estate, they giving caution to
the Judge of Probate to apply the produce to the use and benefit
of the Heirs.
[Read and]
B esolv ed Thnt the prayer of this Petition be granted and that the
Petitioner Rebecca Swift in licr capacity be and hereby is impow-
ered to make Sale of the Premises mentioned in this Petition for
the most the same will sell for, and make and execute a good deed
or deeds in Law to the purchaser or purchasers, she observing the
Rules and directions of the Law for the Sale of Real Estates by
Executors and Admin" and giving caution to the Judge of Probate
for the County of Suffolk that the money arising by said Sale to be
so much of it applied to pay the deceaseds just debts as is sufficient
to discharge the same, and the overplus to be disposed of in the
following manner viz* that part whicli belongs to the two Children
which are of age to be paid unto them : the residue to be paid unto
the respective Guardians of the said Minors, which by them shall
be put out to interest for the respective use and benefit of the said
Minors; the principal and what of the interest that may be due and
in the hands of the respective Guardians of the said Minors to be
paid to them respectively as they come of age, or to the daughters
severally at the day of Marriage. [Passed February 25.
CHAPTER 190.
RESOLVE AND ORDER CONCERN" THE 4 TOWNS REVOLTING TO CON-
NECTICUT.
Legislative
Records of the
Council,
xxvii., 248.
House Jour-
nal, pp. 150, 172,
193, 195. Prov-
ince Laws,
xiv., 337, chap.
182; 588, chap.
124.
Whereas the Inhabitants of the Towns of Suffield, Enfield and
Somers in the County of Hampshire and the Inhabitants of the
Town of Woodstock in the County of Worcester did in or about
the year 1749 Revolt from their subjection to this Government
under which they had at first been settled and until that time con-
tinued, and by which they had been protected at great charge in
several Wars, and did apply to the Government of Connecticut to
receive them as being within that Colony. And whereas the said
Government did at first disclaim any share in the said Revolt, but
afterwards by an x\ct or Law artfully establish a new form of words
[2d Sess.] PRdviNCE Laws (Besolves, etc.). — 1707-G8. 313
expressive of the bounds of the Counties of Hartford and Windham
in order to give colour to the Officers of the said Counties respec-
tively to exercise Jurisdiction over the said revolting Inhabitants.
And whereas after various attempts to persuade and to compel the
said Inhabitants to return to their subjection a War began and for
many years continued between his late Majesty and the French
King, and during tlie continuance of this W^ar the Government of
this Province desisted from all compulsory measures Avith the said
Inhabitants lest damage should thereby accrue to his Majesty's Ser-
vice. And whereas by the restoration of peace to all his Majesty's
Dominions, the reasons for such forbearance altogether cease, and
the Inhabitants of the said Towns still continue in their Eevolt from
this Government.
It is therefore
Resolved and
Ordered That the Inhabitants of the ToAvns of Suffield, Enfield,
Somers and Woodstock at all times ought to have been and from
henceforth to all intents and purposes shall be considered as within
the limits of this Province & under the Jurisdiction of the Govern-
ment here established by the Royal Charter. And all Civil & Military
Officers within the Counties of Hampshire & Worcester especially
and all other Officers and persons whomsoever it may concern within
the Province are required to govern themselves accordingly.
Provided always, that notwithstanding the Inhabitants of the sev-
eral Towns aforesaid have been from year to year assessed by this
Court for their proportion of the Province Tax, in case of their
voluntary return to their subjection to this Government, no part
of the said Tax shall be required of them.
And to prevent all pretence of further exemption from Taxes the
Inhabitants of said Towns are hereby notified and warned to forbear
payment of any future Taxes to the Government of Connecticut,
and the Selectmen of each Town are required to give in a List of
Polls and Estates in such Town to the Secratary's Office before the
Session of this Court in May next in order to their being assessed
in a just proportion to the other Inhabitants of the Province; and
in case of their neglect so to do, the said Towns shall be assessed in
such proportion to the other Towns of the Province as to the Gen-
eral Court shall then appear to be reasonable. And the payment of
all Assessments made after the present Session of this Court shall
be enforced in like manner as by Law the payment of Assessments
upon any other Inhabitants of this Province are or may be enforced.
And the Sheriff of the County of Hampshire is required as soon
as may be to deliver to one or more of the Selectmen of each of the
Towns of Suffield, Enfield and Somers : and the Sheriff of the County
of Worcester is required in like manner to deliver to one or more of
the Selectmen of the Town of Woodstock a Copy or Copys of this
Resolve or Order ; and the said Selectmen are required to give notice
thereof to their respective Inhabitants. [Passed February 25.
314
Province Laws (i?esoZt;e5,e<c.). — 1767-68. [Chaps. 191-193.]
CHAPTER 191.
Legislative
Records of the
Council,
xxvil., '251.
House Jour-
nal, pp. 122, 187.
RESOLVE ALLOWING 18/ TO SAM"- WINCHEL.
A Petition of Samuel Winchel of Egremont, Praying an allow-
ance for three days Service in the year 1757 & 1758 in impressing
nurses & furniture for the Sick Soldiers by Warrant from M'' Jus-
tice Ashley, for which he hath received no allowance.
[Read and]
Resolved That the prayer of the Petition be granted, and that the
Sum of Eighteen shillings be paid out of the Province Treasury to
M' Ephraim Fitch for the use of the Petitioner in full for Services
mentioned in his Petition. \^Passed February 25.
CHAPTER 192.
Legislative
Records of the
Council,
xxvil., 252.
House Jour-
nal, pp. 116, 187,
190, 191.
RESOLVE IMPOWERING PHEBE FOBES, ADM^, TO SELL REAL ESTATE.
A Petition of Phebe Fobes Admin'' of the Estate of her late
Husband Abner Fobes of Uxbridge dec^ Setting forth That the
debts of the deceased amount to £45.12.10 more than his Personal
Estate. And praying that she may be impowered to sell so much of
the Real Estate as may be sufficient to discharge the said debts.
[Read and]
Resolved That the prayer of the Petition be granted, and that the
Petitioner in her said capacity be and hereby is impowered to make
sale of so much of the Real Estate as is sufficient to discliarge the
debts mentioned in said Petition, and make good deed or deeds in
Law of the same: giving caution to the Judge of Probate of Wills
for the County of Worcester that the proceeds arising by said Sale
be applied for the purposes mentioned in said Petition. \^Passed
February 25.
CHAPTER 193.
Legislative
Records of the
Council,
xxvii., 254.
Legislative
Records of the
Council,
xxvii., 242.
House Jour-
nal, pp. 157, 192,
196. Ante,
p. 293, chap.
146.
ORDER with stay OF EXECUTION IMPOWERING NATH^- SEARS TO
HAVE A REHEARING OF AN ACTION.
The Committee appointed the 24*'" Ins' on the Petition of
Nathaniel Sears Praying for a Rehearing of an action against one
Timothy Nurse having made Report the following Order passed
thereon viz*
Read and accepted, and
Ordered that the Petitioner be and he hereby is authorized and
impowered to have a rehearing of the Action mentioned in the Peti-
tion at the next Inferior Court to be holden at AVorcester in the
County of Worcester on the second Tuesday of May next; and
the Justices of the said Court are hereby directed to hear and try
the said Action, make up Judgment and Award Execution thereon
as fully as if no default had been made ; and that Execution on the
former Judgment be stayed in the mean time. Provided the said
Sears give Bond to the Sheriff of the County of Suffolk in whose
[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 315
hands the execution now is, for the payment of such Sum as shall
finally be recovered of him, and that he give the said Timothy Nurse
notice of this Order at least fourteen days before the sitting of said
Court. \^Passed February 26.
CHAPTER 194.
ORDER ALLOWING £5. 14. 6 TO COISF^e qN BRIDGE OVER WATERS Legislative
RIVER IN DANVERS. Records of the
(/OuncU,
xxvii., '255.
The Committee who went by order of the General Court to view Archives
the Bridge over Waters Eiver in Danvers laid before the Court an cxxi., 463*.
account of their time Horse hire and expences m said business. Legislative
■n A s^ Records of the
KeaQ tS Council, xxvi.,
Or tier d that there be allowd & paid out of the publick Treasury J^'^'.^^xV^f '37
the Sum of five pounds fourteen Shillings & six pence to the several House Jour-
Gentlemen above mentiond according to their several Accounts. ^^^'' pp- ^s, 40,
\Pas8ed February 26.
CHAPTER 195.
ORDER dividing A TAX OF £5. 14. 6 AMONG THE TOWNS OF ESSEX Legislative
COUNTY Records of the
Council,
xxvii., 255.
Orderd that the within mentiond Sum [of £5.14.6 allowed to the Archives
Committee appointed to view the Bridge over Water's Eiver in Dan- cxxi.,464.'
vers] be added to the Taxes of the several Towns in the County of House Jour-
Essex in the next Tax Act, unless this Court shall then otherwise s'tprw, chap,
order. [Passed February 26. i^-
CHAPTER 196.
RESOLVE IMPOWERING SARAH BARNARD, ADM^, TO SELL AN ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Sarah Barnard Admin^ of the Estate of her late Legislative
Husband George Barnard of Princetown deceased Setting forth, coumlif ^* '^®
That the deceaseds Personal Estate is insufficient to pay his just xxvii., 251.
debts : that his Real Estate was apprized at Forty pounds and that House Jour-
it will take near two thirds of that Sum to discharge the said ?|2^;2()3.^^Prov-
debts and the usual charges & allowances. And Praying that she j?''i5\"'^(,^|'
may be impowered to make Sale of the said Eeal Estate, she to be 16.'
accountable.
[Eead and]
Resolved That the prayer of this Petition be granted and that
the Petitioner be and she is hereby impowered to make Sale of the
Premises mentioned in this Petition for the most it will fetch, and
to make & execute a good deed or deeds in Law to the purchaser or
purchasers, she observing the Eules and directions of the Law for
the Sale of Eeal Estates by Executors and Admin", reserving the
interest of one third of the proceeds of such Sale for her own use
316 Province Laws {Resolves, etc. ) . — 1767-68. [Chaps. 197, 198.]
during her natural life, and giving caution to the Judge of Probate
for tlie County of Worcester that the other two thirds of the said
proceeds be applied so far as shall be necessary for the payment of
the said deceaseds just debts, and that the remainder, if any there
be, be paid to the lawful Heirs of said deceased or their Guardians,
and that at the decease of the said Widow the third part aforemen-
tioned be alike distributed amongst said Heirs agreable to the direc-
tion of the Law. [Passed February 29.^
CHAPTER 197.
Legislative
Records of the
Council,
xxvli., 258.
House Jour-
nal, pp. 119, 197.
ORDER ALLOWING £1. 16 TO SAM^- DAKIN, EXEC=.
A Petition of Samuel Dakin Exec' of his Fathers last Will and
Testament; setting forth That his said Father being in the pay
of the Province in his Majesty's Service carried his own Gun with
him and the same was then lost. And praying that agreable to the
encouragement at that time given by the Government, he may be
allowed the value of the Gun lost as aforesaid.
Read &
Ordered that the Sum of One pound, sixteen shillings be allowed
and paid out of the public Treasury to Charles Prescot Esq' for the
use of the Petitioner in full for the loss of his Gun mentioned in
the Petition. [Passed February 29.
CHAPTER 198.
RESOLVE CONFIRMING THE PROCEEDINGS AT A MEETING OF THE
FIRST PARISH IN HAVERHILL.
RifordfJf the ^ PETITION of Isaac Osgood and others of the first Parish in
Council, Haverhill Setting forth, That the said Parish at their Annual
^^^_2^^ — Meeting in March 1765 made choice of three Assessors, and of the
Sii!^pp!k)71^2oo. same persons to be a Committee to warn Parish Meetings &c; That
the said Committee without taking the Oath required by Law re-
specting the other Government Bills proceeded to warn a Meeting
of said Parish on the 20"' day of May then next after; at which Meet-
ing the Parish pursuant to said warning met and voted to Build a
new Meeting house, and for that purpose to raise by way of Tax
on the Polls and Estates of the Inhabitants belonging to said Parish
the Sum of Three hundred pounds and chose a Committee to build
the said Meeting House, who proceeded to build the same, and pur-
suant to the directions of the Parish more than One thousand pounds
Old Tenor have been expended upon it, but that some persons dis-
pute the legality of the said March Meeting and of all things done
in consequence thereof, because the said Assessors did not then take
the forementioned Oath, altho' they did it on the 31^'' day of May
following, whereby the affairs of the Parish are like to be greatly
embarrassed. And praying the interposition of this Court for their
Relief.
' This date is according to the House Journal ; according to Legislative Records of the
Council the date is February 25.
[2d Sess.] FiioviNCE Liaws {liemlves, etc.) . — 1767-68. 317
[Read and]
Resolved That the prayer of the Petition be so far granted as that
the Parish Meeting mentioned in said Petition be and hereby is, to
all intents and purposes held valid, notwithstanding the Parish Com-
mittee omitted to take the Money Oath as by Law required previous
to their warning said Meeting. Provided nevertheless that no Action
commenced before the passing of this Resolve and founded on
the illegality of said Meeting shall in any wise be affected hereby.
[Passed February 29.
CHAPTER 199.
RESOLVE IMPOWERING JERUSHA FENNO, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS,
A Petition of Jerusha Fenno Widow and Admin"" of the Estate Legislative
of Joseph Fenno deceased Intestate Setting forth That the said council**''*
Joseph died siezed of several Tracts of Land some lying in Milton, xxvii., 259.
but the far greater part in Stoughtori; that one Tract with the House Jour.
,^ .> •,. •, • 1 1 T • 'ji j^\ 1 • 1,1 e nal, pp. 139, 198.
Buildings on it, is held m common with others and incapable 01 province
a Division, and that the Fences on the whole are greatly out of ch^ip%V^^^'
Repair insomuch that it would take the whole Income for a num-
ber of years to effect the Repairs ; that she hath two small Infants
and is in expectation of a third to provide for, which she is inca-
pable of doing out of the Estate. And praying that she may be im- ,
powered to sell the same and place the Money arising from said Sale
at interest for the benefit of the said Children.
[Read and]
Resolved That the prayer of this Petition be granted, and that the
Petitioner be and hereby is impowered to sell the whole of the Real
Estate therein mentioned for the most the same will fetch. She ob-
serving the Rules of the Law for the Sale of Real Estates by Exec-
utors and Admin" and giving sufficient security to the Judge of
Probate for the County of Suffolk that the proceeds of said sale be
secured for the Heirs of the deceased, reserving one third part of
the interest of the Money arising therefrom for the use of the Peti-
tioner during her natural life in lieu of her right of Dower in s^
Estate. [Passed Felruarij 39.
CHAPTER 200.
RESOLVE IMPOWERING BENJ^ BURT, GUARDIAN, TO SELL A MINORS'
INTEREST IN LAND AND MAKING PROVISION IN REGARD TO THE
PROCEEDS.
A Petition of Benjamin Burt Guardian of Joseph, Martha and ^|f^^|ff^|tiie
Susanna Howland Minors and Children of Nathaniel Howland late Council,
of Boston Mariner deceased Setting forth That the said Minors -^^^"•' '^^*-
are interested in a certain Tract of Land lying in Granville contain- na^irpp^^nsyigs,
ing about 800 Acres, being in a Wilderness state and wholly unim- we, 203.
proved. That all the other persons interested in s*^ Lands are desirous
of selling it. And Praying that he may be impowered to sell the said
318
Province Laws {llesohes, etc.). — 17()7-68. [Chaps. 201, 202.]
Minors interest in said Land and to execute a legal deed thereof to
the purchaser or purchasers.
[Kead and]
Resolved That the prayer of this Petition be granted, and that the
Petitioner be and hereby is impowered in his said capacity to sell
said Minors Eight in the Land mentioned in the Petition to the
best advantage and join with other owners of s*^ Land in giving a
good deed or deeds of the same to the purchaser or purchasers, and
put the money arising tlierefrom to interest on good security, and
give caution to the Judge of Probate for Suffolk County that both
principal and interest be paid to said Minors viz' to the Male when
he shall arrive at lawful age, and to the Female when they ' shall
respectively arrive at lawful Age or day of marriage. \_Passecl Feb-
ruary 29.^
CHAPTER 201.
RESOLVE IMPOWERING BENJ^ WISER, INDIAN, ADM«, TO SELL LAND
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council,
xxvii., 244.
Mass.
Archives,
xxxiii., 421.
House Jour-
nal, pp. 93rl8.^,
186. Province
Laws, 11., 151,
chap. 10; xvi.,
209, chap. 6;
241, chap. 76,
note.
A Petition of Benjamin Wiser Lidian planter of Worcester
Admin'' of the Estate of Samuel Tobumso of Natick Setting
forth. That there remains of tlie Estate of the said Samuel about
six Acres and a half of Land unsold; that he is Heir to a part
of the same and has an Execution now out against him. And pray-
ing that he may be impowered to sell the said Land; he to be ac-
countable.
[Eead and]
Res()lv\l that the Prayer of this Petition be granted and that the
Petitioner be and hereby is impowerd in his Said Capacity under
the Direction of the Guardians of the Natick Indians to make Sale
of the Lands within mentiond and give a good Deed or Deeds thereof
to the Purchaser or Purchasers of the Same he Observing the Eules
and Directions of the Law for selling Eeal Estates by Executors and
Adm" and giving Caution to the Judge of Probate of Wills &c for
the County of Middlesex that the Money arising from Said Sale
besides what belongs to the Petitioner Shall be paid into the Hands
of the Guardians for the Natick Tribe of Indians for the use And
Benefit of the Other Heirs to the Said Land. \^Passed March 1.
CHAPTER 202.
RESOLVE CONFIRMING THE APPOINTMENT OF A COLLECTOR OF TAXES
IN THE TOWN OF STOUGHTON.
Legislative
Record8<>f the
Council,
xxvii., 261.
House Jour-
nal, pp. 124, 125.
A Petition of Benjamin Bird and Others Selectmen of Stough-
ton Setting forth That Seth Pierce who had been Collector of
Taxes in s*^ Town for divers years is reduced in his circumstances
and incapable of collecting the Eates committed to him for the
years 1763-64-65 and 66 there being considerable Arrearages still
1 Sic.
s This date is according to the House Journal; according to Legislative Records of the
Council the date is March 4.
[2d Sess.] Province Laws {Resolves, etc.). — 1767-G8. 311)
due for said years. And praying that James Hawks Lewis the pres-
ent Collector of Taxes for said Town may be impowered to compleat
the Collections for the several years beforementioned.
Read and
Resolved That the prayer of the Petition be granted and that the
within named James Hawks Lewis chosen by the Town of Stough-
ton a Collector in the room of Seth Pierce be and iiereby is author-
ized and impowered to finish and compleat the collections of the
Taxes that remain unpaid on the several Hate Bills committed to
the said Seth Pierce to collect in the years 17(;3-17«4-17G5 & 17G6
and pay in the same accordingly to the respective Treasurers as soon
as may be. \^Passed March 1.
CHAPTER 203.
RESOLVE IMPOWERING JON^ BATCHELDER, GUARDIAN, TO SELL AN
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Jonathan Batchelder of Beverly Guardian of Legislative
Samuel Kimball and Phoebe Kimball Minors two of the Heirs of councif,°
Benj^ Kimball late of Wenham dec*! Intestate Setting forth That -^^^"•' '^^^^
the deceaseds Personal Estate, it is supposed will not nett more ^.j°"®jV\°"m94
than Forty or Fifty pounds: that he died seized of a Real Estate Province'"'
apprized at Five hundred eighty eight pounds 6/8. That he left ^ifaTi%o:' ^^^'
three other Children who are of age and desirous of selling their
interests in said Estate which lies in six several parcels lying partly
in Ipswich and partly in Wenham. That the Estate would not fetch
near so much in case of a Division as it will intire, and that the
Interest of the money it will sell for, will be double the produce of
the Rents. x\nd praying that he may be impowered to make Sale of
the two sixth parts of the said Estate belonging to the two minors
aforesaid.
[Read and]
Resolved That the Petitioner be and he hereby is impowered to
sell and dispose of the Interest of the minors withinmentioned in
the Estate withinmentioned for the most the same will fetch, and
execute a deed thereof to the purchaser. He observing the rules of
the Law for the Sale of Real Estate by Executors and Admin" and
giving Bond to the Judge of Probate for the County of Essex that
the proceeds of said Sale be secured for the benefit of the said
Minors. \^Pass6d March 1.
CHAPTER 204.
RESOLVE CONFIRMING A PLAN OF 500 ACRES OF EQUIVALENT LAND TO
SAMi- WATTS, ESQ«, & OTHERS.
Samuel Watts Esq^ and Others returned a Plan of 500 Acres of Legisiawve
Land granted them on the 12''' of March 1767 bounding South on councif,°
a Grant made to Dwight and Worthington and Others Proprietors xxvii., 26-2.
of N° 3 partly and partly on Province Lands and partly on a Grant ^,f "p® '\26'^i27
made to Mess" Story Dawes and Peter Roberts ; East on said Dawes's i94,'i95, 205.
320
Province Laws {Resolves, etc.) . — \lQl-m. [Chaps. 205, 206.]
chap' 2i2^'^^' (rrant partly, and partly on Province Land, North and West on
Province Land; Surveyed and laid out in the unappropriated Lands
North of Williamsburgh in the County of Berkshire,
^ Nath"- Dwight Surveyor.
[Read and]
Resolved that the annexed Plan of five hundred Acres of Land
delineated and described as it is set forth therein be accepted and
hereby is confirmed to Samuel Watts Isaac Eoyall, Thomas Hub-
bard, James Otis, John Chandler, Joseph Wilder and Caleb Dana
Esq" and to John Erving Esq^ the Assignee of Isaac Freeman and
to the Heirs of Thomas Hancock Esq"^ Assignee of Joseph Richards
the present Proprietors of Royalston, their Heirs and Assigns in lieu
of and in full satisfaction for their loss of Four hundred acres of
Land claimed by Samuel Hunt and others Provided said Plan doth
not exceed the quantity of five hundred Acres, nor interfere with
any former Grant. \^Passed March 1.
CHAPTER 205.
Legislative
Records of the
Council,
xxvii., 263.
Mass.
Archives,
Ixvi., 429.
Legislative
Records of the
Council,
xxvii., 244.
House Jour-
nal, pp. 151,154,
189,203, 211.
Province
Laws, iv., 1004,
note. Ante,
p. 311, chap.
188.
ORDER DIRECTING THE COMMITTEE APPOINTED FOR BUILDING PLYM-
OUTH LIGHT HOUSE TO BUILD THE SAME ON THE GURNET NEAR
THE HARBOUR.
Orderd that the Committee appointed to build a Lighthouse near
Plymouth Harbour be & hereby are directed & impowerd to build
an House for that Purpose on the Gurnet near Plymouth Harbour
of the following Dimensions viz thirty feet long, twenty feet high
and fifteen feet wide; with a Lanthorn at each End, to be large
enough for two Lamps with four large Wicks in each Lamp: The
House to be built of Wood, and the Materials for the Lanthorns as
usual. And the Committee are further impowerd to agree with the
Owner of the Land at the Gurnet for the Privilege of building a
house there, & take Security for such Privilege. \^Passed Marclt, 1.
CHAPTER 206.
ORDER ACCEPTING THE REPORT CONCERN^ SALE OF MORTGAGE LANDS
IN COUNTY OF PLYMOUTH, AND DISCHARGING THE COMMITTEE OF
MONEY AND BONDS DEPOSITED WITH THE PROVINCE TREASURER.
Legislative
Records of the
Council,
xxvii., 263.
Mass.
Archives,
xlvi., 564.
Mass.
Archives,
xlvi., 563.
House Jour-
nal, PI). 12.5, 185,
188,204. Ante,
p. 95, chap. 198;
p. 212, chap.
216.
The Committee appointed by the Great and General Court Feb''
12. 1766 to make sale of such of the Province Lands as were for-
feited to said Province in the £100,000 Loan in the County of Plym-
outh and by Order of said Great and General Court February 11"^
1767 after they had reported were Ordered to sit again and firnish
the whole afl:air, have attended that Service and beg leave to report
as follows viz*
That as to the Lands Mortgaged by Timothy Stetson dec^ and
afterwards sold to Ebenezer Hathaway and Benj* Greenell of Free-
town, they appeared and resigned part of the Lands which the Com-
mittee disposed of to Joseph Harris and have taken Bonds of said
Hathaway, Greenell and Harris with Sureties for the whole of the
[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 321
Money principal and Interest due to the Province: And with regard
to the Lands Mortgaged by Isaac Barker of Pembroke the Heirs of
the said Barker appeared and gave Bonds for both principal and
Interest of what appeared to your Committee due on said Mortgage.
And as to the Land in Rochester Mortgaged to Joseph Prince and
since sold to John Pitcher and Joseph Iloskins, we have also settled
with them and taken their Bond for what we could prevail with
them to pay. Your Committee have discharged the several Mort-
gages mentioned and the Bonds which are taken to the Province
Treasurer, together with the Money received have delivered to said
Treasurer which is as follows viz*
Cash Received of Ebenezer Hathaway £2. 8
One Bond of ditto 26. 12
One Bond of Benjamin Greenell 13. 13. 4
One Bond of Joseph Harris ........ 33. 6. 8
One Bond of Prince Barker ........ 16. 16. 4
One Bond of Samuel Gould 8. 3. 2
One Bond of Nathaniel Little 4. 1. 7
One Bond of said Pitcher and Hoskins 8
£113. 1. 1
And your Committee after the most careful and diligent Search
can find no other Lands Mortgaged in said Loan, but what are dis-
charged and the monies due to the Province paid. All which is hum-
bly submitted Gamaliel Bradford By Order
N.B. The above Bonds are payable the 3*^ of Novem^ next.
Read & accepted
And
Ordered That the Comittee be discharged of the money and
Bonds which they have deliverd to the Province Treasurer. \^Passed
March 1.
CHAPTER 207.
RESOLVE IMPOWERING AMARIAH BIGLO, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Amariah Biglo of Shrewsbury Guar*^ of Solomon Legislative
Flagg a person Noncompos mentis Setting forth. That the said comu^f °* '^^^
Solomon is possessed of about fifty Acres of unimproved Land in xxvii., 245.
Brookfield and one Moiety of thirteen Acres lying in Shrewsbury House Jour-
in common with his Brother Jotham Flagg. And as the said Solo- ?87,'20^'/^pro^.'
mon is incapable of maintaining himself and the Lands bring in *°°^ Laws, 11.,
nothing, so that the Petitioner is in advance for him Praying that *
he may be impowered to make Sale of the said Lands for the ben-
efit of the said Solomon.
[Read and]
Resolved That the prayer of the foregoing Petition be granted
and that the Petitioner is hereby impowered in his said capacity as
Guardian, to make Sale of the Premises for the most the same will
fetch, and to make and execute a good deed or deeds thereof in Law
he observing the Rules of Law for the Sale of Real Estates by Ex-
ecutors and Admin" and giving proper caution to the Judge of
Probate for the County of Worcester that the proceeds of said Sale
be put on Interest for the use and benefit of the within named Sol-
omon Flagg so long as he shall remain Noncompos, and in case he
322
Province Laws {Resolves, etc.). — 1767-68. [Chap. 208.]
should be restored to his right mind, that then the principal Sum or
so much thereof as shall not necessarily be expended for his sup-
port be paid to him or otherwise to his lawful Heirs at his decease.
\^Passed March 2.
CHAPTEK 208.
Legislative
Records of the
Council,
xxvii., 266.
Mass.
Archives, iv.,
291.
House Jour-
nal, p. 208.
Province
Laws, i., 1.
Ante, p. 291,
chap. 140.
RESOLVES RELATING TO THE NEW YORK LINE.
Resolved., That this Province hath at all Times treated that of
New York " with Candor and Generosity: " and from the Moment
his Majesty's Pleasure graciously recommending an amicable Settle-
ment was signified by one of his Majesty's principal Secretary's of
State; this Business on the Part of Massachusetts Bay, has in all
Eespects been conducted on the Principles of Equity and Modera-
tion: It seems therefore very extraordinary, that the assembly at
New York should so suddenly conclude, that " all Hopes of a
friendly agreement will be frustrated " by a Proviso in the last
Resolves here. Viz* "That Nothing shall be understood to preju-
dice the Eight of this Province to Lands to the Westward of the
Province of New York." This Province has made no new nor im-
moderate Claim. The Proviso objected against may be fully vindi-
cated by the Charter of this Province. It thence plainly appears
that the Proprietors of Massachusetts Bay purchased of the Coun-
cil of Plymouth, and have confirmed to them with Jurisdiction all
the Land within the North and South Limits of the ancient Colony
of Massachusetts-Bay, from the Atlantic Ocean to the South Sea:
Such Lands only excepted, as were in the Possession of any Chris-
tian Prince or State, on the third Day of November A:D: 1620.
Grants indeed have been made by the Crown of Lands, which prob-
ably in Part, or in the whole, may fall within the Limits of this
Province. But when it is considered that such Grants are posterior
to the Charter of Massachusetts, it may well be questioned if they
are not so far void. But should the Right of New York to any Part
of the Lands West of Hudsons River from equitable Considerations
be admitted ; Yet as that Province can make no Pretence to a West-
ern Boundary of equal Extent to that of Massachusetts Bay, they
can with no Propriety object to the said Proviso made here which
amounts to no more than that in a Settlement of the controverted
Eastern Boundary of New York, the Massachusetts Title to Lands
lying West of the Province of New York shall not be affected. The
Controversy between this Province and New York having hitherto
been confined to the Eastern Boundary of New- York, that Boundary
cannot be affected by tlie said Proviso : Whereas had this Claim been
passed over in Silence, it might have been prejudicial to this Prov-
ince at some future Period, and the inserting it could do no possible
Harm. This Province have never been anxious to extend their Claims
to vast Tracts of uncultivated Country, nor have they ever cantoned
out the Province into Manors and Lordships, to lie Dormant and
useless to the Community. On the Contrary, it has ever been the
Practice of y^ Goverment to grant Lands to such of its Inhabitants
as would undertake effectually to settle the same. No good Cause
can at present be assigned why this Province should relinquish their
Title and Claim to the Lands West of Hudsons River to the Gov-
ernment or Proprietors of any particular Colony: Yet as it may be
[2d Sess.] Province Laws {Resolves, etc.) . — 1767-68. 323
in his Majesty's gracious Intention to settle divers new Colonies in
the Western Parts of this Continent; and as it is manifestly for the
common Good of the British Empire, that the Limits of the several
Colonies should be ascertained : In Order therefore to demonstrate
not only the Duty and Loyalty of this Province in conforming to
his Majesty's Pleasure, but to give a full Proof of their Moderation
and Candor, intreating with their Sister Colonies in general, and
with New York in particular; and to remove every Dilliculty in the
Way of an equitable Settlement of the Western Boundary between
this Province and New York:
It is further
Resolved, That this Province stands ready-to surrender and relin-
quish to his Majesty his Heirs and Successors all Eight, Title and
Estate, Jurisdiction and Property in or over any, and all the Lands
to the Westward of Hudsons Eiver, on the amicable Settlement of
the Eastern Boundary aforesaid, and the Confirmation thereof by
his Majesty in Council And as this Court are still disposed to finish
this Controversy with New York in the most amicable Way, and to
comply with every reasonable Proposal on the Part of New York :
It is further
Resolved, That the Commissaries on the Part of this Government,
be fully empowered by an Act or Law to be passed for that Purpose,
to continue the Conference with the Commissaries on the Part of
New York, at such Time and Place as they shall mutually agree
upon; and to make a final Settlement of the Boundary between the
two Provinces : and that his Excellency the Governor be desired to
transmit a Copy of these Resolves to his Excellency Governor Moore.
l^Passed March 2.
CHAPTEE 209.
RESOLVE GRANTING 1,600 ACRES OF EQUIVALENT LAND TO EBEN^
HARTSHORN AND OTHERS.
A Petition of Ebenezer Hartshorn of Concord Setting forth That Legislative
he formerly served in the Wars against the French and Indian Enemy, comfcif,''* ^^^
particularly in the years 1709 and 10 and afterwards in the year 1722, '^^'^^■' '^^•
in consideration of which the General Court was pleased to make a Archives,
Grant of Lands to him with others who had thus served; besides ^^^^•' ^^^'
which he bought the Eights of several of his fellow Soldiers; and Archives
the Lands that were laid out to satisfy this Grant were afterwards ^ivi.-. 565.'
by the running of the Line taken into New Hampshire, and by that Recordfof the
means lost to the Grantees, in lieu whereof he was to have four ^2°^Hou^e^^*''
Eights of 400 Acres each in a Township granted by the House of Journal,
Eepresentatives in 1765 to be laid out on the East of Saco Eiver, pp- ^''*^' ^^^» ^i-
which Grant not passing the whole Court, he has as yet had no
equivalent. And praying Eelief
[Eead and]
Resolve'd that there be and hereby is granted to the Petitioner
his Heirs and Assigns forever Sixteen hundred acres of the unap-
propriated, Lands in this Province; Or five hundred acres in the
western parts of this Province at his Ellection, in full Considera-
tion of his Services Sufferings, and Purchase, in his Petition men-
tion'd — four Hundred Acres in his Own right, four hundred Acres in
the right of Peter Hunt four hundred Acres in the right of Lazarus
324
Province Laws {Resolves, e<c.). — 1767-68. [Chaps. 210, 211.]
Mansfeild & four hundred Acres of William Mansfeild provided he
the said Hartshorne or his Heirs &c Return a plan thereof to this
Court Taken by a surveyor & chainmen under Oath in Twelve
months from this day fot Confirmation. \^Passed March 2.
CHAPTER 210.
Legislative
Records of the
Council,
xxvii., 274.
Mass.
Archives,
xxxlii., 419.
Mass.
Archives,
xxxili., 418.
House Jour-
nal, pp. 26, 47,
133. Province
Laws, xvl., '241,
chap. 76, note.
RESOLVE IMPOWERING PATTY PEGUN, INDLA.N, TO SELL LAND.
A Petition of Patty Pegun of Natick Indian Woman Setting
forth, That she sometime since with the consent of the Indian's
Guardians made sale of a Lot of Land in Natick containing eleven
Acres and four rods, with the proceeds of which she discharged her
debts, but to her surprize it afterwards appeared that the said Land
belonged to Esther Freeborn and Mary Hurd, the amount whereof
was £23.6.8. And Praying that she may be impowered to sell so
much of her unimproved Lands in Natick as shall be sufficient to
raise the said Sum of £23.6.8 and charges of sale, the proceeds to
be applied to compensate for the Sale of the said Lot under the
directions of the said Guardians.
[Read and]
Resolved that the Prayer of the Petition be granted, and that Patty
Pegun, the Petitioner, be & hereby is impowered, with the Advice
& Direction of the Guardians of the Natick Indians, to make Sale
of so much of her Land in said Natick, not under Improvement, as
will amount to the Sum of 23.6.8 and Charges of Sale, and to make
and execute a good Deed or Deeds in the Law of the same; and that
the Proceeds of the Sale be applied by the said Guardians for the
Purpose mentioned in the Petition. \^Passed March 3.
Legislative
Records of the
Council,
xxvii., 278.
Mass.
Archives,
xxxiii.,463.
House Jour-
nal, p. 206.
Province
Laws, xvl., 241,
chap. 76, note;
693, chap. 283;
xvii., 307,
chap. 184.
CHAPTER 211.
VOTE ALLOWING THE ACCOUNT OF THE GUARDIANS OF Y^ DUDLEY
INDIANS.
An ACCOUNT of the Guardians of the Dudley Indians was laid
before the Court, Signed Edward Davis ^ the Guar"^'
Which Account having been examined by a Committee, they
reported thereon That they had examined the same and find
them right cast & well vouched, and that they have received of
the said Indian's Money the Sum of Eighty six pounds since March
AD 1763 and have paid out for their use and benefit to sundry
Doctors Bills, Nurses, Provisions kc, &c. the Sum of Ninety one
pounds, sixteen shillings and one penny; so that the said Guar-
dians are in advance the Sum of Five pounds, sixteen shillings and
one penny lawful money.
Read & accepted. \_Pas8ed March 3.
[2d Sess.] Province Laws {Resolves, etc.). — 1767-68. 325
CHAPTER 212.
ORDER ALLOWING A COPY OF THE PROVINCE LAWS TO PHILLIPSTOWN. Legislative
liecords of the
Council,
Orderd that the Inhabitants of a place lately called Phillipstown ' xxvu., 282.
& now incorporated be servd with a Set of the Province Law Book Archives,
& the Printers are directed to deliver the same accordingly. [^Passed iv»'-. •'>"'>•
March 4. ^Zv^^^'
CHAPTER 213.
RESOLVE IMPOWERING THE ASSESSORS OF THE TOWN OF WINDHAM
TO ASSESS A TAX OF ONE PENNY PER ACRE AND TO CHOOSE TWO
COLLECTORS THEREOF.
A Petition of the Town of "Windham Praying liberty to Assess Legislative
on the 100 Acre Lots in said Town not otherwise Taxed one penny counctf °* ^'^^
yearly ^ Acre to help defrey the charges of said Town xxvii., 283.
[Read and] Archives,
Resolved That the Assessors of the said Town of Windham for cxvui., 349.
three years next ensuing be authorized and impowered to assess Legislative
yearly one penny ^ acre on every hundred acre Lot in said Town council!*'
of Windham not otherwise taxed, except ministerial and School House-Joiir-
Lands That the said assessors be impowered to enforce the pay- ^a'' ^'' ^^' ^°^*'
ment of such Tax by legal Sale of so much of the delinquent Lands Laws, iv., 1046,
as shall be necessary to pay the said Tax and Charges thereupon ^'^^^'
arising ; and that the said Town be impowered in their March meet-
ings for the said three years next coming to chuse two Collectors,
one of them to be an Inhabitant of Marblehead. That one half of
the money raised by said Tax be paid into the hands of the Treas-
urer of the said Town of Windham to be by them applied to the
paying the minister and other Town Charges; the other half to be
paid into the Proprietors Treasury to be by them applied to the
opening & making passable such ways as still remain in a Wilder-
ness State. [^Passed March 4.
CHAPTER 214.
RESOLVE REFERRING WITH STAY OF EXECUTION THE PETITION OF
SAMi- WILLIAMS FOR A REBATE ON EXCISE TAX.
A Petition of Samuel Williams of Roxbury Setting forth That Legislative
having obtained a License for the retailing Spirituous Liquors, he councif, ^* ^'^^
on the 3"^ day of August 1764 recognized with Sureties for the due xxvu., 283.
payment of the Excise ; that he unfortunately by removing as he House Jour-
apprehends lost his Papers & Accounts whereby he was rendered ^^'^p* '
unable to Account upon Oath for the quantity by him sold ; and
the Collector of Excise thereupon sued him, and he being at the
time of the Courts sitting out of the Province recovered of him the
Sum of £61.6.8 with costs. And Praying relief.
[Read and]
Resolved That the prayer of the Petition be so far granted that
' Now Sanford, Maine.
326
Province Laws {Resolves, etc.). — 1767-68. [Chap. 215.]
it be referred to the next May Session, and Execution be stayed in
the mean time: and that the Petitioner give security to the Sheriff
of the County of Suffolk that he will pay such Sums as shall finally
be adjudged due. [Passed March 4.
CHAPTER 215.
Legislative
Records of the
Council,
xxvU., 286.
Mass.
Archives, Iv.,
299.
Mass.
Archives, Iv.,
298. Legisla-
tive Records
of the Council,
xxvil., 871,279,
285. House
Journal, p. 212.
Ante, p. 216,
chap. 222;
p. 322, chap.
208.
ORDER IN REGARD TO INSTRUCTIONS TO COMMISSARIES IN SETTLING
THE NEW YORK BOUNDARY LINE.
Additional Instructions to the Gentlemen appointed Com-
missaries on the part of this Province for the settlement of the
Partition Line with New York.
The General Court by an Act having renewed your power to treat
with the Commissaries of New York on the subject of a Partition
Line between the two Provinces, You will endeavour to procure a
Line as much in favour of this Province as may be: and it is left
with you, or the major part of you to agree with the Commissaries
of New York upon said Line. Provided however that it be not less
favorable to this Province than the Line reported to the King in
Council by the Board of Trade in 1757 excepting in regard to the
manner of measuring the twenty Miles distance of said Line from
Hudsons River, You are permitted, if it should be necessary, to
concede that said distance should be measured as on a horozontal
Plane, or that allowance be made for the uneven surface of the
Country.
You will take care that the Line that may be agreed on be fully
and clearly described: and when it shall be run that durable Monu-
ments and a sufficient number of them be erected to ascertain said
Line.
In case of Agreement on said Line, You are in conjunction with
the Commissaries of New York to prepare a proper state thereof to
be laid before his Majesty for confirmation, for which purpose you
will cause authenticated Duplicates of said State to be made out
for each Province.
You will endeavour to agree on the draft of an Act to be passed
by the Legislature of each Province for the Establishment of said
Line, and you will take care that it be clearly described in such
draft.
You will conform to your former Instructions in every thing
wherein these present Instructions & the Act impowering You to
treat as aforesaid do not militate with them.
Eead & accepted and
Ordered that the foregoing Instructions, be the Instructions for
the Commissaries on the part of this Province, for the Settlement
of the partition Line with New York. [Passed March 4.
RESOLVES, ORDERS, VOTES,
ETC.
Passed 1768.
[327J
LEGISLATIVE LIST^
1768.
His Excellency FRANCIS BERNARD,
Captain-General and Governor-in-chief, etc.
ANDREW OLIVER, Esq.,
SECRETAKY OP the PROVINCE.
COUNCILLORS OR ASSISTANTS.
Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly
called the Colony of the Massachusetts Bay ;
Isaac Royall
John Erving
William Brattle
James Bowdoin
Thomas Hubbard
Harrison Gray
James Russell
Thomas Flucker
Nathaniel Ropes
Timothy Paine
Royall Tyler
James Pitts
John Worthington
'EsQRS. Samuel Dexter
Thomas Saunders"
John Hancock *
Joseph Gerrish*
Artemas Ward'*
'ESQRS.
Of the Inhabitants of or Proprietors of Lands within the Territory formerly
called the Colony of New Plymouth;
Gamaliel Bradford ) Samuel White
James Otis* >JiiSQRS. Jerathmeel Bowers*
■ESQRS.
Of the Inhabitants of or Proprietors of Lands within 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
between the River of 8agadahoch & Nova Scotia ;
Jeremy Powell, Esq.
1 See Legislative Records of the Council, xxvii., 292-297.
* Thomas Saunders, John Hancock, Joseph Gerrish and Artemas Ward of Massachusetts Bay, James
Otis and Jerathmeel Bowers of New Plymouth, elected by the House of Representatives, were rejected
by the Governor.
[329]
330
Province IjAVfs {Resolves, etc.). — 1768. [Representatives.]
For the Province, at large : —
Samuel Danforth & Bekjamin Lincoln, Esqrs.
REPRESENTATIVES OR DEPUTIES.
May 25, 1768 to July 1, 1768.
Mr. THOMAS GUSHING, Speaker.
County of Suffolk.
Boston, . . . James Otis, Esq.,
Thomas Gushing, Esq.,
Mr. Samuel Adams,
John Hancock, Esq.
Joseph Williams, Esq.
Mr. Samuel Howe.
Mr. Jazaniah Tucker.
Ebenezer Thayer, Esq.
James Humphry, Esq.
Mr. Joshua Hearsey.
Samuel Dexter, Esq.
Mr. Jabez Fisher.
Gapt. Benjamin "WTiite.
Roxbury,
Dorchester,
Milton, .
Braintree,
Weymouth,
Hingham,
Dedham,
Wrentharn,
Brooklyn,
Stoughton &
Stoughion-
hani,
Medjield, .
Medway,
Walpole,
Needham, .
jNIr. Hezekiah Gay.
Mr. Eliakim Morse.
Eiisha Adams, Esq.
Joshua Clap, Esq.
Capt. Ebenezer Kings-
bury.
County of Essex.
Salem, . . . William Brown, Esq.,
Peter Frye, Esq.
Danvers, . . Mr. Samuel Holton.
Ipswich, . . Capt. Michael Farley,
Doctor John Calef .
Newbury, . . Joseph Gerrish, Esq.
Newbtiry Port, Benjamin Greenleaf, Esq.
Marblehead,
Lynn, .
Andover,
Beverly,
Bowley, .
Salisbury,
Haverhill,
Qlocester,
Boxford,
Jacob Fowle, Esq.,
William Bourne, Esq.
Mr. Ebenezer Burrill.
Samuel Phillips, Esq.
Capt. Heniy Herrick.
Humphry Hobson, Esq.
Capt. Nathaniel Currier.
Richard Saltonstall, Esq.
Thomas Sanders, Jr., Esq.
Aaron Wood, Esq.
County of Essex — Concluded.
Almsbury, . . Jonathan Bagley, Esq.'
Topsfield, . . Capt. Samuel Smith.
County of Middlesex.
Cambridge, . . Andrew Boardman, Esq.
Charlestown,
Watertown,
Woburn, .
Concord, .
Newton,
Marlborough,
Billerica, .
Framingham,
Lexington,
Chelmsford,
Sudbury, .
Maiden,
Weston,
Medford, .
noi)kinton,
Westford, .
Oroton,
Shirley,
Pepperrell,
Waltham, .
Stowe, .
Townshend,
Acton, .
Lincoln,
. Edward Sheaffe, Esq.
. Mr. John Remington.
. James Fowle, Esq.
. Capt. James Barrett.
. Gapt. Abraham Fuller.
. Mr. Samuel Witt.
. William Stickney, Esq.
. Joseph Buckmiuster,
Esq.
. AVilliam Reed, Esq.
. Sampson Stoddard,
Esq.
. John Noyes, Esq.
. Capt. Ebenezer Ham-
den.
. Mr. Abraham Bigelow.
. Stephen Hall, Esq.
. Capt. Joseph Mellen.
. Capt. Jonas Prescott.
> James Prescott, Esq.
. Capt. Jonas Dix.
. Henry Gardner, Esq.
. ]Mr. Amos Whitney.
. Capt. Daniel Fletcher.
. Mr. Samuel Farrar.
County of Hampshire.
Springfield &
Wilbraham,
Northampto7i &
Southampton,
Hadley and
South Hadley,
Josiah Dwight, Esq.,
Mr. Jonathan Bliss.
Joseph Hawley, Esq.
]Mr. Enos Nash.
The House Journal, p. 4, adds, " Bradford, Benjamin MuUiken, Esq."
[Representatives.] Province Laws {Resolves, etc.). — 1768.
331
County of Hampshire — Concluded.
Hatfield, .
Westfield, .
Deerfield &
Greenfield,
Su7iderland,
. Hon. Israel Williams,
Esq.
. Capt. John Moseley.
> Mr. Jonathan Ashley, Jr.
. Capt. Joseph Root.
County of Berkshire.
Oreat n
Barrington & > John Ashley, Esq.
Egremont, )
County of Worcester.
Worcester, . .
Lancaster, . .
Brookfield, . .
Oxford &
Charlton,
Sutton, .
Rutland, Rut-
land District &
Oakham,
Leicester, Spen-
cer & Paxton,
Westborough, .
Shrewsbury, .
Lunenbtirgh &
Fitchburgh,
Uxbridge, .
Bolton, .
Sturbridge,
Hardwick, .
Petersham,
. Mr. Joseph Bigelow.
. Caj)t. Asa Whitcomb.
. Jedediah Foster, Esq.
? Edward Davis, Esq.
. Capt. Henry King.
> John Murray, Esq.
> Capt. John Brown.
. Capt. Stephen Maynard.
. Artemas Ward, Esq.
? Edward Hartwell, Esq.
. Capt. Ezekiel Wood.
. John Whitcomb, Esq.
. Moses Marcy, Esq.
. Timothy Ruggles, Esq.
. John Chandler, Jr. , Esq.
County of Plymouth.
Plymouth, .
Scituate,
Duxbury, .
Marshfield,
Bridgwater,
Middleborough
Rochester, .
Plimpton, .
Pembroke, .
Kingston, .
Abingt07i, .
. James Warren, Esq.
. Mr. Gideon Vinall.
. Capt. John Wadsworth.
. Capt. Anthony Thomas.
. Josiah Edson, Esq.
. Cfipt. Benjamin White.
. Mr. Samuel Sprague.
. Mr. Isaac Bonney.
. Mr. John Turner.
. William Sever, Esq.
. Capt. Woodbridge
Brown.
County
Barnstaple,
Yarmouth, .
Sandwich, .
Eastham &
Wellfleet,
Harwich, .
Falmouth, .
Chatham, . .
of Barnstaple.
. Hon. James Otis, Esq.
. David Thacher, Esq.
. Mr. Stephen Nye.
} Willard Knowles, Esq.,
) Elisha Doane, Esq.
. Chillingsworth Foster,
Esq.
. Capt. Joseph Robinson.
. Mr. Joseph Doane.
Taunton, .
Rehoboth, .
Swanzey with
Shawamet,
Dartmouth, .
Attleborough,
Freetown,
Norton,
Raynham,
County of Bristol.
. Mr. Joseph Tisdale.
. Capt. James Clay.
Jerathmeel Bowers, Esq.
York, . .
Kittery, .
Wells, . .
Berwick, .
Arundel, .
Biddeford,
. . Mr. Walter Spooner.
. Mr. John Dagget.'
. Mr. Thomas Durfee.
. Mr. George Wheeten.
. Zephaniah Leonard, Esq.
York County.
. Jonathan Sayward, Esq.
. James Gowen, Esq.
. John Wheelwright, Esq.
. Benjamin Chadburn,
Esq.
. Thomas Perkins, Esq.
. Mr. Abraham Chase.
County
Falmouth &
Cape Elizabeth,
Gorham, .
Windham,
Brunswick,
Scarborough,
OF Cumberland.
> Jedediah Prebble, Esq.
. Solomon Lombard, Esq.
. Mr. Abraham Anderson.
. Aaron Hinckley, Esq.
Edward Milliken, Esq.
Dukes County.
Edgarton, . . Mr. William Jernigan.
Chilmark, . . Mathew Mayhew, Esq.
Tisbury, . . . James Athern, Esq.
In the County of Nantucket.
Sherburn, . . Mr. Stephen Hussey.
RESOLVES, ORDERS, VOTES, ETC.
Passed at the Session begun and held at Boston,
ON THE Twenty-fifth Day of May, A.D. 1768.
CHAPTER 1.
RESOLVE IMPOWERING FRANCIS RITTAL TO COLLECT TAXES IN THE
TOWN OF POWNALBOROUGH.
A Petition of Jonathan Williamson, and Thomas Kice two of Rgf^r^^f^^f^ije
the Selectmen of Pownalborough, in behalf of Francis Rettal chosen couucii,
Collector of Taxes, assessed on the Inhabitants of the AVestern part ^^^^^^ '^'^^■
of said town AD 1765 Setting forth That Exceptions have been ^^'i;'^,® fj'*."^-
taken to the said Choice as illegal, and that great Mischiefs & in- ^nie, p. 149,
conveniences are like to accrue, unless this Court should interpose ° ^^* ' •
their aid iVnd praying that the Choice of said Kittal, as Collector
aforesaid may be established & confirmed & that he may be impow-
ered, if need be to digtrein, in order to perfect his Collection, or
that they may be otherwise relieved.
[Read and]
Resolved that the Prayer of the above Petition be so far granted,
that the above named Francis Rittal be, and hereby is fully impow-
ered to collect the taxes committed to him to collect, for which he
has a lawful Warrant or Warrants & pay the same as therein directed,
any supposed defect in his Choice notwithstanding. [Passed May 31.
CHAPTER 2.
ORDER OF NOTICE ON THE PETITION OF NATH^' CHAPIN OF ASHFIELD
IN REGARD TO A MINISTERIAL TAX.
A Petition of Nathaniel Chapin & others of Ashfield, formerly Legislative
called Huntstown, Setting forth That they early settled in said counctf °* ^'^^
town, and before the last war, they built a Fort and defended them- xxvii., 304.
selves, at little Expence to the Government : that being Anabaptists Archives, xiv.,
they settled a Minister of the same perswasion, and were about build- ^2^
ing a Meeting house; but that other Settlers of a different perswa- ^^c^j^es xiv
sion coming in have obtained a Vote to build another Meeting house, 512. Legi'sia- ''
& settle another Minister, towards which they have taxed the Peti- ti7e^c^imc^t^ ''^
tioners & their Ministers. And praying relief -'^^^|:'*|o'
Read & House Joirr-
Orderd that the Petitioners notify the Town & Proprietors of prov^nce^' ^^*
Ashfield by serving the respective Clerks with a Copy of the peti- J'bTj^'g^.^ibas-e'
tion to shew Cause on the second Wensday of the next Sitting of notes'.
[333]
334
Province luAyiB {Resolves, etc.). — 17G8. [Chaps. 3, 4.]
this Court why the Prayer should not be granted. & that the further
Collection of Taxes so far as respects the Petitioners be suspended
in the mean time. \^Passed June 1.
CHAPTER 3.
Legislative
Records ol the
Council,
xxvii., 305.
House Jour-
nal, pp. 14, 18.
Province
Laws, ii., 151,
chap. 10.
RESOLVE IMPOWERING DEB. LOTHROP, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Deborah Lothrop of Barnstable, Widow Guar-
dian to Eebecca Lothrop & Temperance Lothrop, her Children,
and daughters to her late husband Joseph Lothrop of said Barn-
stable, Cordwainer dec*^ Intestate. Setting forth That in August
last the said Temperance died, the Expences that had then arisen
for her support being Twenty four Pounds more than her Interest
in her father's personal Estate amounted to: and that she hath like-
wise expended for her daughter Rebecca, Fifteen Pounds, ten shil-
lings & six pence more than her Proportion of said personal Estate :
The Accounts whereof have been exhibited to, and allowed by the
Judge of Probate for the County of Barnstable And praying that
she may be empowered to make sale of so much of the deceased's
Real Estate, as shall be sufficient to discharge y^ &^ Debts.
[Read and]
Resolved that the Prayer of this Petition be granted, and that y®
Petitioner be, and is in her said Capacity, impowered to make sale
of the lands mentioned in said Petition, as shall be sufficient for
the purpose aforesaid, for the most the same will fetch, and make
a good deed or deeds of the same to the purchaser. She observing
the Rules and directions of the law for the sale of Real Estates by
Exec" and Administrators, and giving Caution to the Judge of
Probate for the County of Barnstable, that the Money arising by
the sale of the same lands be applied for the purpose of paying the
Debts of the said Minors within mentioned. \^Passed June 1.
CHAPTER 4.
Legislative
Records of the
Council,
xxvii., 306.
House Jour-
nal, pp. 11, 17.
RESOLVE IMPOWERING CHRIST^ DYER, GUARDIAN, TO SELL REAL
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Christopher Dyer of Bridgwater, Guardian to his
Brother John Dyer, a person deaf & dumb Setting forth that the
said John is seized of a narrow strip of Land containing about
twenty Acres, lying in Braintree, which is no ways fit for a Settle-
ment, but being commodious to the Person who owns on both sides
of it, he is Avilling to give the Value of it: And that the said John
hath purchased a^Tract of land in Bridgwater suitable for a Settle-
ment, and of greater value. And praying that he may be impowered
to sell the said land in Braintree, the produce thereof to be vested
in the purchase at Bridgwater.
[Read and]
Resolved that the Prayer of this Petition be granted : and that the
Petitioner be & hereby is impowered in his said Capacity to make
[1st Sess.] Province Laws {Resolves^ etc.). — 1768. 335
sale of the said twenty Acres of land lying in Braintree, for the
most it will fetch, and to execute a good Deed thereof to the pur-
chaser, he giving Caution to the Judge of Probate of Wills &'^ for
the County of Suffolk, tliat the Monies arising from said sale shall
be applied for the purpose mentioned in the Petition. \_Passed
June 1.
CHAPTER 5.
RESOLVE CONFIRMING THE TITLE OF REV. EZRA THAYER TO LAND.
A Petition of Ezra Thayer of the District of Ware Clerk Set- Legislative
ting forth, that in the year 1759, he was ordained to the pastoral councu^, ^'^ ^'^^
Ofl&ce in said place. That John Read Esq'' late of Boston deceased, Mals''^*^'
on the \%^^ of Sepf 1748, executed a deed in trust, for the use of Archives, xiv.,
the first Minister of said District, and his Successor, in pure and ^~
perpetual Alms, of One hundred Acres of Land, Viz*- the G*^*^ Lot Archives xiv.
from the North of the 4"" Tire of Lots from the East, in the Manor su. House
of Peace so called, on which he has spent his Substance but that 22. '^•^'''" '
the Deed given him by a Committee of s*^ District is so framed that
he can have no Benefit of said land any longer, than during his Min-
istry. And further setting forth that the Heirs of the said John Read
have since, Viz* on the 25"" day of May 1757, made a Deed of one
other Lott of land in the said District for the same uses and pur-
poses, and in the room of the forementioned Lot, in order that the
Petitioner & his heirs might enjoy the Benefit of the first Lot as
their own property forever. And praying that the Lot of land given
by the said Heirs may be accepted in lieu of the Lot which was given
by their said Father, and may be confirmed to him & his heirs forever.
Upon the Petition of Ezra Thayer of the district of Ware Clerk
& the deeds accompanying the same it appears that the Hon*^'® John
Read Esq'' late of Boston deceased on the 19'^ of September 1748
for the founding & endowment of a Parish in the ten thousand acres
of Equivalent, did give grant convey & confirm Unto Jabesh 01m-
stead & others the sixth lot & part of the fifth lot lying in a place
then called the manor of Peace to have & to hold to them h their
Heirs forever, in special Trust & Confidence for the following uses:
viz for the use of the first minister of Gods Holy word & Sacraments
that shall be chosen there, & there upon be lawfully instituted &
ordained to that holy office there, & such his Successors for ever in
pure & perpetual alms That after the ordination of the s*^ Ezra
over the Church & congregation at s^ manor of Peace, A Committee
of s*^ Parish conveyed s*^ Lands to the s*^ Ezra for a valuable consid-
eration in. fee Simple in consequence whereof He built upon s*^ land,
cleared & so improved it as that He hath spent his whole substance
thereon It further appears that the Heirs of the s^ John sensible
of the unhappy & ruinous circumstance, the s*^ Ezra was brought
into as afores*^ from benevolent Principles to the s** Ezra & to the
district of ware & that their Honoured Fathers design as afores*^
might not in the least be frustrated tho the s*^ Ezra should have the
land afore s** confirmed unto Him have by Deed given granted & con-
veyed unto Jacob Cummings & John Davis the Present Deacons of
s** Church an aquivalent or rather more then an aquivalent in land,
in s"* district in pure & Perpetual alms for the same uses & purposes
as were mentioned in their Fathers Deed as afores*^ Wherefore it is
336
Province Laws {Resolves, etc.). — 1768. [Chaps. 6, 7.]
Resolved that the deed of lands mentitioned in s'' Petition given
by Jacob Cummings Edward Dammon & Joseph Scott to the s** Ezra
bearing date the 14"^ of august 1759 & recorded in the Registry of
Deeds for the County of Hampshire Lib 6 Folio 403 shall forever
hereafter be held & taken to be effectual & available in Law against
the Feoffees named in the deed of the s** John Read Esqr in trust as
allso against all who may claim from by or under the s** Feoffees or
any of them & against any Person who may succeed the s** Petitioner
in the office of a Gospel minister in s** district And the Same shall
be as good an estate to the s*^ Ezra & his heirs in fee simple as if the
said John had conveyed said lands to the s** Jacob & others &, to their
Heirs to their own use. {^Passed June 1.
CHAPTER 6.
RESOLVE IMPOWERING KEZIAH CUTTING, ADM^", TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
Legislative
Records of the
Council,
xxvii., 309.
House Jour-
nal, pp. 15, 17,
18.
A Petition of Keziah Cutting of Rutland, Widow Admin^ of
the Estate of her late Husband Absalom Cutting, late of said Rut-
land Intestate deceased. Setting forth That the said deceased was
indebted £123.14.1 more than his personal Estate amounted to.
That his Real Estate consisted of about forty Acres of Land with
a house and Barn thereon apprized at Two hundred and forty
Pounds, in which she has her Dower, or thirds. And praying she
may be impowered to make sale of the other two thirds in order to
enable her to discharge the said debts.
[Read and]
Resolved that the Prayer of this Petition be so far granted, that
the Petitioner be, and she hereby is impowered in her said Capacity
to make sale of so much of said deceased's Real Estate, where it
may be best spared, and with least Prejudice to the Remainder, as
shall be sufficient to pay the deceased's just Debts, and the Charge
of said sale, and to make & execute a good deed or deeds in law to
the purchaser, she giving Caution to the Judge of Probate for the
County of Worces"" that the Money arising by said sale, shall be
applied to the purposes herein mentioned. \^Passed June 1.
CHAPTER 7.
RESOLVE IMPOWERING RUTH AND BATCHELLER BENNET, GUARDIANS,
TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE
PROCEEDS.
Legislative
Records of the
Council,
, xxvii., 400.
House Jour-
nal.pp.ll, 19.
Province
Laws, il., 151,
chap. 10.
A Petition of Ruth Bennet Widow of Cornelius Bennet late of
Middleborongh deceased and Batcheller Bennet, the said Ruth and
Batcheller being Guardians to Theodate Bennet a minor daughter
of the said Cornelius Setting forth That the said Minor had one
half of a Fulling Mill, Stream and appurtenances set off to her in
the division of her Fathers Estate, which Mill is greatly out of
repair. And praying that they may be impowered to make Sale of
her share in the premises which they apprehend will be greatly to
the advantage of the said Minor.
[1st Sess.] Province Laws {Resolves, etc.). — 1768. 337
[Read and]
Resolved That the prayer of this Petition be granted, and that the
Petitioners be and hereby are impowered in their said capacity to
make sale of the Premises mentioned in this Petition for the most
the same will fetch, and to make & execute a good deed thereof to
the purchaser, they observing the Rules and directions of the Law
for the Sale of Real Estates by Executors and Admin" and giving
caution to the Judge of Probate for the County of Plymouth that
the money arising by said Sale be put to interest for the benefit of
the said Minor as mentioned in this Petition. \^Passed June 1.
CHAPTER 8.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF PLYM-
OUTH COUNTY.
The FOLLOWING Order passed on the Account of M"" John Cot- Legislative
ton. Treasurer of the County of Plymouth, which was laid before councif,*'
the Court for Allowance, Viz' ^^^"^ ^^^-
Resolved that the within Account, being right cast, and well ^aTpp'^io^'ss.
vouched, be allowed, and that the Treasurer be discharged of the
sum of Two hundred fifty one pounds, seventeen shilP & eleven
pence that he has paid by order of the Court of Sessions, and that
he be futher accountable for a balance of Fifty seven Pounds six
shillings & ten pence due to the County, when he shall recieve it.
[^Passed June 2.
CHAPTER 9.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX
COUNTY.
The FOLLOWING Order passed on the Account of Mich^ Farley, Legislative
Treasurer of the County of Essex, which was laid before the Court councif ^^ *^^
for Allowance, Viz' xxvii., 312.
Resolved that the within Account being right cast & well vouched House Jour-
be allowed, and that the Treasurer be discharged of the sum of. Two ii^i> pp- io> 23-
hundred thirty nine pounds, twelve shillings, that he has paid by
order of the Court of Sessions, and that he be further accountable
for the sum of Three hundred and Ninety nine pounds, one shilling
& seven pence remaining due to the County, when he shall recieve
the same. [^Passed June 2.
CHAPTER 10.
RESOLVE IMPOWERING ISR^ FELIX, INDIAN, TO SELL REAL ESTATE.
A Petition of Israel Felix of Middleborough, Indian man & Legislative
Labourer Setting forth that by reason of Sickness in his family, councu^ °
he is involved in debt, and hath no means of discharging the same, ^als '' ^^^'
but by the sale of land And praying that he may be impowered to Archives,
sell an Out lot of ten Acres for that purpose. xxxiu., 478. —
338
Province Laws {Resolves, etc. ) . — 1768. [Chaps. 11,12.]
Mass.
Archives,
xxxlil., 477.
House Jour-
ual, p. 20.
Province
Laws, xvll.,
75, chap. 182.
[Eead and]
Resolved that the prayer of this petition be so far granted that
the petitioner be and he hereby is impowerd to make sale of the
ten Acre Lot of Land mentioned in this petition, (with the Ade &
Assistance of the Guardines within Mentoned) And to make and
Execute a good Deed in Law to the purchaser, and the Moneys aris-
ing by Said Sail to be applied by said Guardines for the payment of
the petitioners just debts. \^Passed June 2.
Legislative
Records of the
Council,
xxvii., 314.
Mass.
Archives,
cxviii., 354.
Mass.
Archives,
cxviii., 351.
House Jour-
nal, pp. 22, 24.
CHAPTER 11.
RESOLVE CONFIRMING THE PROCEEDINGS OF A TOWN MEETING AT
ATHOL.
A Petition of Nathaniel Graves one of the Agents for the Pro-
prietors of the town of Athol, in the County of Worcester. Setting
forth That the said Proprietors at a Meeting held on the 31 of
March last passed, a number of Votes laying out and establishing,
sundry Roads & high ways in the said Town as particularly in sev-
eral Votes passed at said Meeting from N*^ 2. to N° 12. inclusive.
And praying in the name k behalf of the Proprietors of Athol, that
the said Votes may be confirmed, with the Streets & Lanes, as therein
laid out and described
[Eead and]
Resolved that the prayer of this Petition be granted, and that the
Votes of Said Proprietors at their Meeting in March Last Be and
hereby are Confirmed, and that the Lands Granted at Said meeting
for Streets and Lanes in Said Town of Athol by Said Proprietors as
Described in Said Petition be and hereby are Confirmed to the s"*
Town of Athol for Ever for the Purposes in Said Petition Mentioned.
[Passed June 2.
CHAPTER 12.
Legislative
Records of the
Council,
xxvll., 315.
Legislative
Records of the
Council,
xxvil., 122.
House .Jour-
nal, pp. 28, 29.
ORDER IMPOWERING CHARLES ROBINSON TO FILE HIS COMPLAINT
BEFORE THE SUPERIOR COURT AT FALMOUTH, CUMBERLAND COUNTY.
A Petition of Charles Robinson of Cape Elizabeth, praying, that
the Justices of the Superior Court may be impowered to affirm a former
Judgment obtained by him against James Miller, the Petitioner's
neglect in filing his Complaint notwithstanding
Read : and it appearing that James Miller the adverse party has
been duly served with a Copy of this Petition, and Order thereon,
and no Answer thereto being given in. Therefore
Ordered that the Petitioner have liberty to file his Complaint, at
the Superior Court next to be holdeu at Falmouth, in the County
of Cumberland, and that the Justices of said Court be, & they are
hereby authorized, if they see Cause, to grant to the Petitioner
affirmation of the former Judgment, with additional Interest and
Costs, the term for granting the same being past notwithstanding.
\^Passed June 3.
[1st Sess.] Province Laws {Resolves, etc.). — 1768. 339
CHAPTER 13.
ORDER DIRECTING DELIVERY OF A COPY OF THE PROVINCE LAWS Legislative
TO THE DISTRICT OF DOUGLASS. Records of the
Council,
xxvil., 315.
Ordered that y'' Printers bo directed to deliver to the District of House Jour.
Douglass, a Set of the Province Laws. \^Passed June 3. nai, p.26.
CHAPTER 14.
RESOLVE ALLOWING £14. 3. 8 TO REV STEP^ BADGER. Legislative
Records of the
Council,
A Petition of Stephen Badger of Natick, Clerk, praying an xxvii., 317.
Allowance for sundry disbursments on poor Indians there to the Archives, xiv.,
520.
amount of £14.3.8 as more particularly set forth in a former Peti-
tion which was under the Consideration of this Court the last year. Y^^f:
„ , o -^ Archives, xiv.,
Kead & 519. House
Resolved That there be allowed & paid out of the Province Treas- gs^ne;)';''''' "''''•
ury the sum of fourteen pounds three Shillings & Eight pence to ^^^'^^'^^^
M' Stephen Badger in full for Boarding & taking care of Thankf ull chap'. 36.
Figgins &, her Son untill y® first of June Instant. [Passed June 6.
CHAPTER 15.
RESOLVE GRANTING 100 ACRES OF LAND EACH TO EBEN" AND JOEL
TRUMBLE.
A Petition of Ebenezer Trumble, & Joel Trumble Setting forth, Legislative
that they had settled upon some of the Province Lands lying between council, °
Blanford & Sandisfield being in a rough uncultivated Country, inso- xxvn., 318.
much that it was not only difficult but dangerous travelling therein. a^i"^n''i5"29
And praying that they may each of them have a Grant of 100 Acres
Land, in said place.
[Kead and]
Resolved that there be and hereby is granted to Ebenezer Trumble
& Joel Trumble each of them in Severalty, their Heirs & Assigns
forever, One hundred Acres of the Province lands, lying in a place
called the Greenwoods between Blanford and Sandisfield on the sev-
eral Spots where the Petitioners now live ; to be laid out by a Sur-
veyor and Chainmen under Oath : the Petitioners each returning a
Plat of the land granted to this Court, within twelve Months from "^
this date for Confirmation, and paying to the Province Treasurer,
Six Pounds thirteen shillings & four pence each, in Consideration
for said Lands, or giving good Security to the said Treasurer for
the same. [Passed June 6.
340
Province Laws {Resolves^ etc.) . — 1768. [Chaps. 16-18.]
CHAPTER 16.
Legislative
Records of the
Council,
xxvii., 319.
Mass.
Archives, xiv.,
511.
Mass.
Archives, xiv.,
510.
RESOLVE GRANTING £20 TO THE TOWN OF PROVINCETOWN.
Resolved that there be Granted to the town of Province town the
sum of twenty Pounds to Enable them to Hire Preching among
them & that the s^ sum of twenty Pounds be paid out of the Pub-
lick tresury & Put into the Hands of the Rev^ Doctor Joseph Sewall
for that Purpose only.' \^Passed June 7.
Legislative
Records of the
Council,
xxvli., 321.
Mass.
Archives,
xxxiii., 476.
Mass.
Archives,
xxxiii., 475.
House Jour-
nal, pp. 10, 16,
36. Province
Laws, xvii.,
269, chap. 104.
CHAPTER 17.
ORDER ALLOWING THE ACCOUNT OF THE TRUSTEES OF THE HASSA-
NAMISCO IND8.
Artemas Ward, & Timothy Paine Esq^^ presented an Acco^ as
Trustees for the Hassanamisco Indians
Read, and it appearing that there is resting in the hands of the
Trustees of the llassinamisco Indians on the within Account of
Principal the Sum of £581.7.4 And of Interest 19/9" Therefore
Ordered tliat the said Trustees be accountable for those Sums.
[Passed June 7.
CHAPTER 18.
RESOLVE REQUESTING THE GOVERNOR TO SEND BRIEFS THROUGH
THE PROVINCE SOLICITING SUBSCRIPTION FOR THE SUFFERERS BY
THE FIRE AT MONTREAL.
Legisl.ative
Records of the
Council,
xxvii., 322.
Mass.
Archives,
Ixxxvii., 114.
Legislative
Records of the
Council,
xxvii., 311.
House Jour-
nal, pp. 25, 33.
The House taking into consideration his Excellency's Message of
the 2'' curr' and the Letter accompanying it relating to the calamity
brdt on the city of Montreal by the late Fire there and it appear-
ing that their case deserves the Attention of all charitably disposed
Persons,
Resolved, That his Excellency be desired to send Briefs through
out this Province representing the Distress of the Sufferers to the
Inhabitants & recommending to them a general contribution for
their Releif to be paid into the Hands of the Treasurer of tliis Prov-
ince to be transmitted to the Justices of the Peace from whom the
said Letter came to be by them distributed among the Sufferers as
they in their Discretion shall Judge proper. [Passed June 7.
• Not found in the House Journal.
[1st Sess.] Province Laws {Resolves^ etc.). — 1768. 341
CHAPTEK 19.
RESOLVE GRANTING TO JN^ PIGEON LICENCE TO SELL STRONG DRINK.
A Petition of John Pigeon of Newtown Setting forth that the Legislative
house in which he now dwells, has been for many years past, a licensed Jjouncif "* ^^^
house; and that since his removing into it, he hath not only obtained xxvii., 323.
the Approbation of the selectmen of tlie said town, but of the greater House Jour-
part of its Inhabitants to sell spirituous Liquors therein. But as the °'*'i'-'^^-
time for granting licenses by the Court of General Sessions of the
peace is elapsed Praying that two of his Majesty's Justices of
the peace for the County of Middlesex may be impowered to grant
him a license for that purpose
[Read and]
Resolved that the prayer of this Petition be granted, and that two
of his Majesty's Justices of the peace for the County of Middlesex
Quorum Unus, be and hereby are impowered, if they think proper,
to grant license to the Petitioner to be a Retailer of spirituous
liquors in the town of Newtown, in the house where he now dwells,
or in his Shop contiguous thereto, the remaining part of this year,
he having obtained the Approbation of the selectmen of Newtown
for that purpose according to law : The said Justices returning a
Certificate to the Court of General Sessions of the peace, next to be
holden in said County. \_Passed June 8.
CHAPTER 20.
ORDER DIRECTING DELIVERY OF A COPY OF THE PROVINCE LAWS Legislative
TO THE TOWN OF WILBRAHAM. Records of the
Council,
xxvil., 325.
Ordered that the Printers be directed to deliver to the town of
Wilbraham a Set of the Province Laws.' \^Passed June 9.
CHAPTEE 21.
RESOLVE IMPOWERING SIMON BROOKS AND SARAH BRIGHAM, GUAR-
DIANS, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD
TO THE PROCEEDS.
A Petition of Simon Brooks Guardian of Amariah Brigham, Legislative
and Sarah Brigham Guardian of Moses Brigham, Minors, Children councif *** '^'^^
of Aaron Brigham late of Grafton dec'' Intestate Setting forth that xxvii., 325.
the said deceased, by his last Will & Testament gave to his said two House Jour-
Sons, all his Right of land in Shrewsbury, called the Leg, to be 32**' p^oviAce
equally shared between them, and that said land be sold as soon as Laws, ii., 151,
may be by their Guardians, and the Money put out to use for said
Sons And as they doubt their power of executing Deeds for the
said land Praying that they may be impowered for that purpose,
that so the Will of the Testator may be complied with
[Read and]
* Not found in the House JournaL
342
Province Laws {Resolves, etc.). — 1768. [Chaps. 22, 23.]
Resolved that the Prayer of this petition be granted, and that the
Petitioners be and are hereby in their said Capacity impowered to
make sale of the lands mentioned in the said Petition for the most
the same will fetch, and to make a good deed or deeds of the same
to the purchaser, they observing the rules and directions of the Law
for the sale of Eeal Estates by Executors & Administrators, and giv-
ing Caution to the Judge of Probate for the County of Worcester,
and that the Money arising by the said sale be put to Interest for
the benefit of the said Minors. \^Passed June 9.
CHAPTEK 22.
Legislative
Records of the
Council,
xxvil., 326-
House Jour-
nal, pp. 24, 40,
41. Province
Laws, il., 151,
chap. 10.
RESOLVE IMPOWERING JOHN CHOATE, ADM", TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of John Choate of Ipswich, Admin' of y* Estate of
Daniel Choate late of said Ipswich dec'' Setting forth that the said
Daniel dyed seized of two fifth parts, and two thirds of one other
fifth part of about thirty-five Acres of land lying in Common with
his three Sisters; that he was indebted about Twenty six pounds,
and left no personal Estate wherewith to pay. That the Children
of John Pitman deceased, being four in number, and all Minors,
are intitled to one sixth part of said Estate ; and that Mary Pitman
their Mother, & natural Guardian and Admin^ of the said John is
desirous of having their Interest in said Estate sold And praying
that as Administrator aforesaid, he may be impowered to sell the
whole of the Keal Estate of the Heirs aforesaid.
[Read and]
Resolved that the Petitioner be, and he hereby is impowered to
make sale of all the Real Estate of the deceased in the Petition
ment*" for the most the same will fetch, and to execute a good Deed,
or deeds thereof, he observing the directions of the law for the sale
of Real Estates by Executors & Administrators, and giving sufficient
Caution to the Judge of Probate for the County of Essex that the
Proceeds arising by such sale shall be applied to the payment of
the just debts of the said deceased, and the Overplus secured for
the Benefit of the Heirs. \^Passed June 9.
CHAPTER 23.
Legislative
Records of the
Council,
xxvii., 327.
House Jour-
nal, pp. 33, 39,
40. Province
Laws, ii., 151,
chap. 10.
ORDER IMPOWERING JEMIMA MILES TO SELL REAL ESTATE AND
MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Jemima Miles, Widow of Joseph Miles late of
Shrewsbury Yeoman deceased Setting forth that the said Joseph
died siezed of about 112 Acres of land with the Buildings thereon,
lying in Shrewsbury afores*^ in which she hath her Dower: That the
Heirs who are of age, are desirous of selling their Shares; and pray-
ing that she may be impowered to make sale of such part of said
Estate as was sett off to her as her Dower, the proceeds to be put
out to Interest for her use during her natural life, and secured for
the Benefit of the heirs afterwards.
Read and
[1st Sess.J Province Laws {Resolves, etc.). — 1768. 343
Ordered that the Prayer of this Petition be granted, and that the
Petitioner be, and she is hereby impowered to make sale of the one
third part of tlie tract of land within mentioned for the most the
same will fetch, and to make and execute a good deed or deeds of
the same, she observing the rules of the Law, relating to the sale
of Real Estates, by Exec" and Administr* and giving sufficient Cau-
tion to the Judge of Probate for the County of Worcester, that the
Proceeds arising by said sale be put out on Interest as is within men-
tioned, that the Petitioner may recieve the Interest thereof yearly
during her natural life, and that after her death the principal be
paid to the Children, and Heirs of the within named Joseph Miles
in equal proportion. \^Passed June 9.
CHAPTER 24.
ORDER IMPOWERING ASA BRIGHAM, GUARDIAN, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Asa Brigham, Guardian to Jemima Perce, Mili- Legisiattve
cent Miles, and Keziah Miles, all Minors, and Children of of council,**
Joseph Miles, late of Shrewsbury dec^ Setting forth That the ^^^"- ^'^"-
three Minors aforesaid are Hiers to three seventh parts of the said ^""pp'^^^sg
Joseph's Estate, the principal part of which consisted of 112 Acres Province'
of Land, and Buildings on the same lying in Shewsbury, which ch^pf'io."' '
Estate is not capable of a Division, without great Prejudice, and
that the Heirs who are of age, are desirous of selling. And praying
that he may be impowered to sell the said Minors Interest therein.
Read and
Ordered, that the prayer of this Petition be granted; and that
the Petitioner be, and he hereby is impowered in his said Capacity,
to make sale of so much of the within described Tract of Land and
Buildings thereon, as belongs to the said Jemima Millicent and
Keziah, Children and Heirs of Joseph Miles within named, for the
most the same will fetch, and to make and execute a good deed or
deeds of the same, he observing the directions of the law relating to
the sale of Real Estates by Executors and Admin" and giving suffi-
cient Caution to the Judge of Probate for the County of Worcester,
that the Proceeds arising by the said sale be put out on Interest,
for the Benefit of the three Children aforesaid, Viz* Jemima, Milli-
cent, and Keziah, in equal Shares and Proportions, and that the
share and proportion of each of them be paid to them severally, as
they shall arrive to the age of Twenty one years, or at the times of
their Marriage. [Passed June 9.
CHAPTEE 25.
RESOLVE DISCHARGING HENRY BALDWIN AND JN^ MARTIN FROM
LIABILITY ON EXCISE BONDS.
A Petition of Henry Baldwin of Shrewsbury, and John Martin Legislative
of Northborough, Inholders Setting forth That they were bound counc'lf °* ^'^^
with one Jacob Fisk of Hardwick, who was also licensed : That the xxvii., 328.
» Sic.
344
Province Laws {Resolves, etc.). — 1768. [Chap. 26.]
House Jour-
nal, p. 38.
Province
Law8, iv., 874,
note.
said Jacob soon after went out of the Province, having as they believe
never sold any liquors subject to the Duties of Excise: And as the
Collector of Excise cannot by law settle with the Petitioners with-
out the Oath of the said Jacob, which cannot now be procured,
Praying for Relief.
In the house of Representatives.
It appearing to this house that Jacob Fisk mentioned in the Peti-
tion licensed as a Retailer in the County of Worcester to sell spir-
ituous liquors at August term 1766, did not sell any spirituous
liquors after his being so licensed. Therefore
Resolved, that the said Henry Baldwin & John Martin, who were
bound with the s<^ Jacob Fisk for the payment of his Excise, be and
hereby are discharged from the Bond aforesaid. In Council, Read
and Concurred. \^Passed June 9.
CHAPTEE 26.
Legislative
Kecords of the
Council,
xxvii., 330.
Mass.
Archives,
cxvili., I'dfi.
Mass.
Archives,
cxviii., 278.
House Jour-
nal, pp. 24, 40.
Province
Laws, xil., 252,
chap. 287.
RESOLVE GRANTING A TOWNSHIP TO JOSIAH RICHARDSON AND OTHERS.
A Petition of Josiah Richardson of Sudbury, Agent for a num-
ber of Petitioners, whose Ancestors were in the Expedition to Canada,
in the year 1690 ' Setting forth, that upon a Petition to the General
Court, in y® year, 1737, an Order passed that the Petitioners should
make out, & prove their Claims, in right of their Ancestors, to
a Grant of land from the Government, as other Soldiers, in that
Expedition had done, and been accordingly recompenced : that they
had accordingly done it; but that no Grant had as yet been made
them. And praying that they may now have a Grant of a Township
made them.
A list of the Petitioners is as follows, Viz''
James Taylor, in his own right
John Ofland ditto
John Mixer ditto
John Jones ditto
John Green, in the right of William Green
John Green, in the right of John Green
Ephraim Twichell, in the right of Joseph Twichell
Isaac Sheffield, in the right of William Sheffield
Palmer Goulding, in the right of Edward Clapp
James Moor, in the right of George Wulkup
Daniel Moor, in the right of Jacob Moor
Ebenezer Flagg, in the right of Richard Flagg
Joshua Kibby, in the right of Lodwick Dowse
James Taylor, in the right of Nicholas Fox
Nathaniel Morse, in the right of Nath' Morse
Charles Richardson, in the right of Samuel Ring
Francis Mocke, in the right of Timothy Seyms
Richard Ward, in the right of Obadiah Ward
Daniel Brewer, in the right of Daniel Brewer
Samuel Green, in the right of Joseph Green
Samuel Stone, in the right of Samuel Stone
Joseph Stone, in the right of John Parkhurst
Micah Stone, in the right of Daniel Stone
John Weson, in the right of Samuel Weson
Ebenezer Twichell, in the right of Edward Twichell
Richard Burt, in the ria;ht of Thomas Burt
Daniel Maclafilin, in the right of Robert Macklafilin
Joseph Meriam, in the right of Robert Meriam
Peter Grout in the right of John CoUer
Samuel Graves in his own right
Joseph Trumbal in the right'of Joseph Trumbal
Ebenezer Rice in the right of Ebenezer Rice
* Mass. Archives, cxviii., 285; but 1692 in both copies of Legislative Records of the
Council.
[1st Sess.] Province Laws {Resolves^ etc.). — 1768. 345
John Cogin in the right of John Cogin
John Cogin in the right of Henry Cogin
Caleh IJridges in the right of Joshua iJridges
Abner Nuterson • in the riglit of John Fay, chiimed by Pahiier Goulding
John Fay, in his own right, chiinicd by D"
Samuel Lisconi, in the right of his father
Nathaniel Dyke, in his own right, claimed by P. Goulding
Daniel Walker, in his own right
Daniel Walker, in the right of Thomas Axdill
Ebenezer Corey, in the rif^ht of Thomas Corey
John Woodward, in the right of Joseph Moore
James Paterson, in the right of Andrew Paterson, claimed by Palmer Goulding
Amos Hide in the right of Daniel Hide
Norman Clark in the right of Daniel Mackey
Eben'' Corey in the right of Samuel Page
Peter Bent in the right of Hopestill Bent
Edward Ward in his own right
James Paterson in the right of Andrew Patterson, claimed by Palmer Goulding
Noah Parker, in the right of Elea^ Hide
Benj" Parker in the right of Isaac Parker
Joseph Barthe in his own right
John Clark in the right of John Clark
Samuel Paris in the right of Peter Noyes
Jonathan Parker in his own right
Ezra Holbrook, in the right of John Holbrook
Nath' Emmes in the right of Nath' Emmes
Nath' Emmes in the right of John Jacquish
Isaac Baldwin in the right of Abr" Bryant
Joseph Harrington in the right of his father Joseph Harrington
Daniel Woods in the right of his Uncle Woods
Jesse Rice in right of his father Joseph Rice
Moses Bellows in right of his father
Sam' Whitney in the right of Joseph Beach
James Fowle in the right of James Fowle
Jonas Bond in the right of Jonas Bond
Josiah Fuller in the right of Joseph Winter
Tho» Herrington in the right of Daniel Herrington
Joshua Fuller in the right of Joseph Winter
John Temple in the right of his father Richard Temple
John Noyes in the room of Moses Noyes
Nath' Sparhawk in the right of No' Sparhawk
David Comy in the right of John Corny
Samuel Fuller in the right of Richard Park
Joshua Fuller in the right of Nath' Norcross
Joseph Morse in the right of Joseph Morse
[Read and]
Resolved that there be granted To Josiah Eichardson And others
whose Names are mentioned in the Petition herewith Exhibited
whose Ancestors were in the Expedition Against Canada in the
Year 1690 a Township of the Contents of Six Miles & three Quarters
square to be laid out in the unappropriated Lands of this Province
to the Eastward of Saco River provided the Grantees within Seven
Years Settle eighty Pamilies in s'' Town build a House for publick
Worship And Settle A learned protestant Minister & lay out one
eighty third Part for the first Settled Minister one Eighty third
Part for the Ministry & one Eighty third Part for the use of the
School in s*^ Town »& one Eighty third part for the Use of Harvard
College for ever Provided also they Return a Plan thereof into the
Secretarys Office in twelve Months from the Date Herof for Confir-
mation. \^Passed June 9.
^ The State Library copy, Legislative Records of the Council, xxviii., 338, reads,
" Muterson."
346
Province Laws {Resolves, etc.). — 1768. [Chaps. 27-29.]
CHAPTER 27.
RESOLVE ALLOWING £2. 10 TO SAM"- KNAP.
Legislative
Records of the
Council,
xxvii., 332.
Mass.
Archives,
lxxx.,669.
Mass.
Archives,
Ixxx., 658.
House Jour-
nal, pp. 33, 41.
Province
Laws, xvi., 89,
chap. 199.
A Petition of Samuel Knap of Kittery Setting forth, that
liis Brother John Knap was a Soldier, in Cap'' Tapley's Company,
in the pay of the Province, in 1757. who was taken Prisoner at the
Surrender of Fort William Henry, and carried to France where he
died. That when the Petitioner recieved his Brother's Wages, there
was a deduction of fifty shillings for a Province Gun, which he car-
ried out ; And praying an Allowance, as it was out of his power to
have returned it
[Read and]
Resolved that the prayer of the within Petition be granted & that
there be allowd & paid out of the publick Treasury to the petitioner
the Sum of Two pound ten Shillings in Consideration of the gun
mentiond in the Petition. \^Passed June 9.
CHAPTER 28.
ORDER SETTING OFF EBENEZER PAGE WITH HIS ESTATE FROM THE
TOWN OF LEXINGTON TO THE TOWN OF BEDFORD.
Legislative
Records of the
Council,
xxvll., 333.
Legislative
Records of the
Council, xxvi.,
312, 367, 364.
House Jour-
nal, p. 45.
The Committee appointed the 9'*' of Jan'' last, on the Petition
of Ebenezer Page of Lexington praying to be sett off to Bedford,
made report, & thereupon the following Order passed, viz'
Ordered that the Petitioner with his Lands, agreable to the fol-
lowing Bounds be & hereby are sett off to the town of Bedford, there
to do duty & recieve privilege, Viz' beginning at a Maple tree marked,
standing in Bedford line, thence running East 3314 Degrees, north
123% rods, to the South Corner of Pages Field, on the East side of
the road leading to Lexington Meeting house, thence running North
35^2 degrees East, 160 Eods, to a Stake & heap of Stones at the
Corner of a Wall, being the Northwest Corner of Will" Read Esq''*
Pasture. [Passed June 9.
CHAPTER 29
Legislative
Records of the
Council,
xxvU., 334.
House Jour-
nal, pp. 32, 41.
RESOLVE IMPOWERING ABIGAIL CARTER, ADM^, TO RE-CONVEY LAND.
A Petition of Benjamin Osgood of Lancester Yeoman and of
Abigail Carter Widow & Administratrix of y® Estate of her late
Husband John Carter of said Lancaster Esq' dec*^ Setting forth that
on the 28*'' of March 17(33, the s'^ Benj'' being indebted to the said
John, in the Sum of Eighty Pounds, for security of the same gave
to the said John an absolute deed of his farm in said Lancester, con-
taining seventy eight Acres, which by a writing under his hand, he
the said John promised to reconvey, upon the payment of the said
Sum with Interest, within two years And praying that she may be
impowered to reconvey the said farm upon payment of the principal
Sum & Interest, the time limited being elapsed notwithstanding
[IST Sess.] Province "Laws {Resolves^ etc.). — 1768. 347
•
[Read and]
Resolved that the Prayer of the Petition withinmentioned, be so
far granted as that the said Abigail Carter be, and hereby is author-
ized and impowered, in her said Capacity to reconvey tlie Premisses
in the Petition mentioned to the within named Benja" Osgood, or
his heirs, when the said Benjamin shall pay the said Abigail the
Sum of Eighty Pounds, with the Interest thereof as in the said
Petition mentioned, which Conveyance when made, shall be to all
Intents & purposes as effectual to the said Benjamin and his Heirs,
as if it had been made by the said John Carter in his life time.
\^Passed June 10.
CHAPTEE 30.
RESOLVE ALLOWING £3 AND AN ADDITIONAL £3 TO HIS PENSION TO
ROB'T MILLER.
A Petition of Robert Miller of Sanford, in y^ County of York Set- Legislative
ting forth, that in Consideration of the loss of an Arm at Louisbourgh, councu,
in the year 1745, he recieved for about twelve years, a Pension of Mala.'^^'
£3 fj Annum and that for two years past he has been allowed an Archives,
additional Pension of three Pounds; and as his health is now much ' * "
impaired, praying for an additional Allowance Archives,
[Read and] i^c^sfi-
Resolved that there be granted and allowed to be Paid out of the nai,pp.32,46.
Publick Treasury the Sume of three Pounds To Robart Miller the Laws °xfv., 145,
Petitioner for liis Present Subsistence and that there be added to igo^^\i|'p'\Y'
his former Pension which was six Pounds, three Pounds making Ante, p. 74, "
in the whole Nine Pounds to be Paid Annually during the Courts ^^^'^' ^^'
Pleasure to Commence in January next at which Time his former
Pension becomes Due. \^Passed June 10.
CHAPTER 31.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF WORCESTER
COUNTY.
The FOLLOWING Order passed on the Account of John Chandler Legislative
Esq' Treasurer of the County of Worcester, the same being laid councff °'*^^
before this Court for their Allowance, Viz' xxvii., 337.
Resolved that the within Account being right cast & well vouched House Jour-
be allowed; and that the Treasurer be discharged of the sum of Two ^nu,\ifr!^'
hundred & Eighty one pounds, eighteen shillings & nine pence, chap. 1.
which he has paid by order of the Court of Sessions including his
own Commissions, & the tax laid on y® town of Woodstock for the
year 1767. And that he be further accountable for a Balance, of
Two hundred & seventy two pounds, ten shillings and nine pence
three farthings, now outstanding ; and also for the tax laid on Wood-
stock, when he shall recieve the same. \^Passed June 10.
3i8
Province Laws {Resolves, etc.). — 1768. [Chaps. 32, 33.]
CHAPTER 32.
RESOLVE IMPOWERING JOB SMITH AND HANNAH MARICK, EXECUTORS,
TO SELL REAL ESTATE.
Legislative
Records of the
Council,
xxvii., 341.
House Jour-
nal, pp. 11, 18,
36, 51. Prov-
Ince Laws, ii.,
151, chap. 10.
A Petition of Job Smith and Hannah Marick Executors of the
last Will & Testament of Isaac Marick late of Taunton dec*^ Setting
forth that the deceaseds Debts amount to £95.15.11Mj more than
his personal Estate amounts to, that divers Executions are out against
said Estate: And praying that they may be impowered to sell so
much of the deceased's Eeal Estate, as may be sufficient to dis-
charge the said Debts
[Read and]
Resolved that the Prayer of this Petition be granted, and that the
Petitioners be and hereby are impowered in their said Capacities to
sell so much of the deceaseds Real Estate as shall be sufficient to
pay the said deceaseds just debts and the further charges that may
arise in settling s*^ Estate for the most it will fetch, taking the same
where it can be best spared and with the least prejudice to what
remains ; and to make and execute a good deed or deeds of the same
in Law to the purchaser or purchasers; they observing the rules
given by Law to Executors &u Admin" for the Sale of Real Estate,
and giving caution to the Judge of Probate for the County of Bris-
tol that the proceeds arising by said Sale be applied to the purposes
hereinmentioned. \^Passed J tine 14.
CHAPTER 33.
RESOLVE IMPOWERING STEP" BADLAM, GUARDIAN, TO JOIN IN SALE
OF REAL ESTATE AND MAKING PROVISION IN REGARD TO THE
PROCEEDS.
Legislative
Records of the
Council,
xxvii., 342.
House Jour-
nal, pp. 3"2, 51.
Province
Laws, 11., 151,
chap. 10.
A Petition of Stephen Badlam of Dedham Guardian to Stephen,
Elizabeth ' & William Badlam Minors, Children of Stephen Badlam
and Hannah his Wife both deceased and Grand Children of the
Petitioner Setting forth That the said Minors, together with
their Brother Ezra Badlam and Sister Hannah Pierce both of age
are siezed in right of their mother of one fifth part of 300 Acres
of unimproved Land in Ashburnham : that this Court hath already
given leave for the sale of two fifths of said Land belonging to the
Children of Stephen Clap Minors, and that all others interested in
the said Land who are of age, are desirous of selling the same and
praying that he may be impowered to join in the sale in the behalf
of the said Minors.
[Read and]
Resolved That the prayer of this Petition be granted, and that the
Petitioner be, and hereby is impowered in his s** capacity to join
with the rest of the said persons interested in the Sale of said Lands,
in executing a good deed or deeds in Law to the purchaser or pur-
chasers, he observing the rules given by Law to Exec" and Admin"
for the sale of Real Estate, and giving caution to the Judge of Pro-
bate for the County of Suffolk that the proceeds arising by said Sale
^ Abigail ? See infra, top of p. 349.
[1st Sess.] Province Laws {Resolves^ etc.). — 1768. 349
may be put to interest and kept for the benefit of said Minors when
they shall arrive to full age, or to the said Abigail when she shall
arrive to the day of Marriage or to full age. \_Fassed June 15.
CHAPTEK 34.
RESOLVE IMPOWERING THE JUSTICES OF THE INFERIOR COURT IN
THE COUNTY OF PLYMOUTH TO RE-CONSIDER A JUDGMENT.
A Petition of Thomas Clap and Samuel Gushing Esq" Setting LeRisiative
forth, That they brought an Action against Samuel Stoddard of ^ounctf °* '^^
Hingham upon a plain Bond and recovered Judgment against him; xxvii., 343.
but thro' mistake the Judgment was for £4.10.6 short of the just House Jour-
debt, which was not perceived until the Execution was returned "^^pp-^i.ss.
satisfied. And praying that the Justices of the Court from whence
the execution issued may be impowered to rectify the said Judg-
ment at their next term.
[Read and]
Resolved That the prayer of the Petition of Thomas Clap and
Samuel Gushing be granted, and that the Justices of the Inferior
Court of Common pleas at the next term to be holden in and for
the County of Plymouth on the first Tuesday of July be and hereby
are impowered to reconsider the Judgment made up by said Justices
at an Inferior Court of Common pleas holden at Plymouth on the
second Tuesday of April 1767, and to rectify any mistake in said
Judgment made up in said Court on a Bond mentioned in said Peti-
tion, the Petitioners being Plaintiffs and Samuel Stoddard Def\ and
award Execution for so much as they the said Justices shall find
justly due and still remaining unpaid, the Petitioners to notify the
said Samuel Stoddard to be present at said Term if he please, to
offer his objection, if any he hath by serving said Stoddard with a
Copy of the Petition and Resolve of Court thereon seven days before
the sitting of said Court. \^Passed June 15.
CHAPTER 35.
ORDER DIRECTING DELIVERY OF A COPY OF THE PROVINCE LAWS TO Legislative
THE DISTRICT OF WELFLEET. Records of the
Council,
xxvii., 344.
Or^ere^ that the Printers be directed to deliver the District of House Jour-
Welfleet a set of the Province Laws. \^Passed June 15. nai.p.M.
CHAPTER 36. ^«^'^!?*^^.
Records of tlie
Council,
ORDER DIRECTING THE IMPOST OFFICER TO SUPPLY PLYMOUTH LIGHT- m^^"' ^*"
HOUSE WITH OIL AND OTHER NECESSARIES. Archives,
Ixvi., 437.*
Order^ that the Impost Officer be & hereby is directed to Supply House Jour-
the Light House at Plymouth with oil & other necessarys, till the Province'
further order of this Court, upon Application from the Committee \lZ^/^Anu^^'
appointed to Agree with some meet Person to keep said Light House, p- 32b, chap.'
\Passed June 15. chap. 37. '
350
Province Laws {Resolves, etc.). — 1768. [Chaps. 37, 38.]
CHAPTEK 37.
Legislative
Records of tlie
Council,
xxvii., 345.
Mass.
Arcliives,
Ixvi., 436.
House Jour-
nal, p. 54.
Supra, chap.
36.
ORDER APPOINTING A COMMITTEE TO ENGAGE A KEEPER FOR PLYM-
OUTH LIGHT HOUSE.
In the House of Representatives
Orderd that Coll Warren & Cap Thomas with such as the Hon
Board shall joyn be a Coni^ to agree with a meet person to take the
Care of the Light house on the Gurnett near Plymouth Harbour,
now nearly finishd, to report at the next Session of this Court
And that the said Committee be instructed to prepare a proper
Advertisement, to be lodgd at the Impost Office, setting forth that
a Light house is there erected, & the Course to steer with Safety
on Sight thereof at Sea
In Council Read and Concurred and Gamaliel Bradford Esq' is
joined in the Affair. {^Passed June 15.
Legislative
Records of the
Council,
xxvii., 316, 346.
Legislative
Records of the
Council,
xxvii., 122.
House Jour-
nal, pp. 47, 54,
58.
CHAPTER 38.
ORDER IMPOWERING THE ASSESSORS OF DISTRICT OF CONWAY TO LAY
A TAX OF ONE PENNY PER ACRE YEARLY FOR THREE YEARS.
A Petition of Thomas French Agent for the town of Conway,
praying for a Tax on the lands in said town, for the purpose of
building a Meeting house, & supporting the Gospel,
Ordered that there be and hereby is a Tax of one penny ^ Acre
yearly for the space of three years laid on all the Lands lying in
Conway in the County of Hampshire for the purposes in said Peti-
tion mentioned, and that the Assessors and Collectors or Constables
of said Conway be and hereby are respectively impowered to assess
and Collect the same and in case any of the owners or Proprietors
of s** Laud neglect or refuse to pay their respective Assessments on
said Land for sixty days after such Assessment is made end pub-
lished by posting up the same in some public place in said Conway,
and in the shire Town in the County of Hampshire, that then and
in such case it shall and may be lawful for the s** Assessors to post
up in some public place in said Town Notifications of the intented
Sale sale ' of so much and no more of such delinquent Proprietors
Lands as they shall judge necessary to pay and satisfy said Taxes
and other necessary and intervening charges three months before
the same be sold. And also that the said Assessors be obliged for
the notification of said Proprietors to advertise in all the Boston
News papers three several Weeks the intended Sale at least three
Months before the Land be sold, and if any delinquent Proprietors
do not by that time pay such Taxes and charges, then and in that
case it shall be lawful for the said Assessors at a Public Vendue to
sell and execute absolute Deeds in the Law for conveyance of such
delinquent Proprietors Lands to the Person or persons who sliall
give most for the same which deeds shall be good to all intents and
purposes in the Law for conveying such Estates to the Grantees
their Heirs and Assigns forever; and if the said Lands be sold for
more than said Taxes and charges the overplus to be paid to such
delinquent Proprietor or his order. \^Passed June 16.
> Sic.
[1st Sess.] Province Laws {Resolves, etc.). — 1768. 351
CHAPTER 39.
RESOLVE IMPOWERING SARAH WILLSON TO SELL HER DOWER IN AN
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Sarah Willson Widow of Samuel Willson late of p®f^|^^',?"^fth
Bedford in the County of Middlesex dec'' Setting forth That there council,
was set off to her for her dower in her said Husbands Estate one ''^^''"•'^^'"
third part of 50 Acres of Land and of one half a Saw Mill and Grist I.'fi'^^^.l^a'^l'yj.
Mill together with part of an old House; that the premises are now Province'
greatly out of repair, and she by reason of poverty, old age and ill- ciiap.'io.' ^ '
ness, unable to make the necessary Repairs : that the other two thirds
were lately sold and her Children Judge it best that her third should
be likewise sold and the interest of the Money applied towards her
support. And praying that she may be impowered to sell the same
accordingly.
[Read and]
Resolved that tlie prayer of this Petition be granted, and that the
Petitioner be and hereby is authorized and impowered to make Sale
of the one third part of the Lands, Mills & other Buildings in the
said Petition mentioned for the most the same will fetch, and to
make and execute a good and sufficient deed or deeds of the same,
she observing the rules of the Law respecting the sale of Real Estates
by Executors and Admin" and giving sufficient security to the Judge
of Probate for the County of Middlesex that the proceeds arising by
said Sale be put out on interest for the following purposes viz* That
the Petitioner shall and may receive the interest thereof during her
life, and after her death that the principal be paid to the several
Heirs according to their respective interests and rights in the prem-
ises. \^Passed June 16.
CHAPTER 40.
RESOLVE GRANTING 100 ACRES OF LAND TO CHILEAB SMITH.
A Petition of Chileab Smith Setting forth That he settled r^^'^^^^'^.j^
upon Lands at Huntstown before the last War and during the War, council,
he, with his three Sons defended themselves there: that the Pro- xxvn., 348. ^
prietors afterwards laid him out a 100 Acre lot N° 50 upon which ^Xpp^26'^57
he hath spent to the amount of £80 in fencing and clearing; but Province '
that by a late running of the Lines of said Town now called Ash- chj^^is^xv?,'
field, it appears that said Lot is not within the Township, but that ^^'' ^^'^^p- ^^•
it is Province Land. And praying that for the considerations before
mentioned the same may be confirmed to him, as it stands on the
Proprietors Book of Records viz' the Southwest corner of the Lot
N° 50 is in the Line of N° 18, 60 rods from the NE corner thereof,
from which it runs North 19 deg^ East 100 Rods, thence East 19
deg: South 112 rods 5 feet, thence South 19 deg. West 207 Rods,
thence West 19 deg North 52 rods 5 feet, thence North 19 deg East
107 rods, thence West 19 deg: North 60 rods and closed to the first
Stake and bounded North and East upon undivided Lands South
partly upon N° 34 first division Lot and partly upon N° 18 second
Division, and West partly on said N° 18 and partly on undivided
Land, in quantity One hundred Acres.
352
Province Laws {Resolves, etc.) . — 1768. [Chaps. 41, 42.]
[Read and]
Resolved, That the prayer of the Petition be granted, and that tlie
whole Right of this Province in the hundred Acres of Land in the
Petition of the said Chileab Smith mentioned and described, be
granted to the said Chileab to hold to him, his Heirs and Assigns
forever; He the said Chileab giving security to the Province Treas-
urer to pay the Sum of Ten Pounds into the Province Treasury for
the use of the said Province within two years from this time. [^Passed
June 16.
Legislative
Records of the
Council,
xxvii., 349.
House Jour-
nal, pp. 41, 52,
54, 56. Ante,
p. 288, chap.
133; p. 326,
chap. 215.
CHAPTEE 41.
RESOLVE GRANTING 1,000 ACRES OF EQUIVALENT LAND TO SAMi-
BROWN.
The Memorial of Samuel Brown was read and thereupon
Resolved That the prayer thereof be granted, and that the Land
delineated and described in the Survey and Plans returned viz' Three
hundred and eighty seven acres part thereof on Saddle Mountain
so called adjoinning to Lauesborough, and six hundred and thirty
three acres at Jericho so called in the County of Berkshire in two
pieces, be granted & confirmed to the said Samuel Brown and his
Heirs in full for the thousand Acres granted to the Memorialist in
February last. Provided the same doth not exceed One thousand &
twenty acres and doth not interfere with any former Grant. Pro-
vided also that the said six hundred and tliirty Acres at Jericho
aforesaid upon tlie final settlement of the Boundary Line of this
Province with New York doth not interfere with said settlement;
but in case it should so happen in the final settlement of said Line
that any part of said Lands near said Boundary Line shall be in-
cluded within the Province of New York, then the said Samuel
Brown shall be allowed and have liberty further to Survey and lay
out so much Land as shall be taken off by the settlement of said Line
in some of the unappropriated Lands of this Province, and return a
Plan thereof to this Court for confirmation. Provided the same be
done by a skilful Surveyor and Chainmen under Oath »& returned
within twelve months next after settlement of s** Line. \_Passed
June 16.
CHAPTER 42.
Legislative
Records of the
Council,
xxvii., 351.
House Jour-
nal, pp.40,55,
56. Ante,
p. 136, chap. 45.
RESOLVE RELEASING PROVINCE TITLE TO LAND TO HUMP: DENAND.
A Petition of Humphrey Denand Setting forth That in the
year 1764 he began a Settlement on a Tract of Land lying West of,
and near to Pittsfield since granted to Benj* Goodrich and Others.
That afterwards finding that M' Cha* Goodrich was employed by
other persons settled thereabouts to apply to the Court for Grants
of such Lands, he also applied to the said Charles and depended on
having his name inserted in the Grant; but by some means or other
it was omitted. And Praying Relief.
The Petition of Humphrey Denand was read, and it appearing
that the said Humphrey in the year 1764 before any Grant or Re-
lease of the Tract of Land in said Petition mentioned was made by
this Province, took possession of part of the said Tract of Land, and
[1st Sess.] Province Laws (i?e.so^ve.s, e^c). — 1768. 353
that he has ever since continued in quiet and peaceable possession
thereof, and that when the General Court of this Province on the
20*'' of June 170G released and quit claimed to one Benj'' Goodrich
and Others all their right & title to said Land, it was their true
intention & design to have released and confirmed the same Land
to all the then Inhabitants and Possessors thereof, but that the said
Humphrey tho' then an Inhabitant there by some mistake was not
mentioned or included in the same Kelease or quit claim.
Therefore
Resolved That so much of the said Tract of Land as the said Hum-
phrey was possessed of at the time of making the Release aforesaid
to the said Benj* Goodrich and others, and all the right and title
of this Province in and to the same be released and quit claimed
to the s*^ Humphrey and his Heirs. Provided that the same do not
contain more than one fifteenth part of the whole of the said Tract
of Land, he paying or giving security to the Province Treasurer for
payment of one shilling ^ Acre for the same, be it more or less.
{^Passed June 16.
CHAPTER 43.
RESOLVE ALLOWING £4. 16. 6 TO W'*' NEWMAN.
A Petition of William Newman of Lynn setting forth. That in Legislative
the year 1762 he entered as a Soldier in the pay of the Province coumiif,"*'^'^^
under Cap' Moses Hart; and that returning late in the Fall from xxvii., 352.
Halifax, he contracted an illness which confined him near two House Jonr-
months, and that by reason of other misfortunes since, he has not 57. ' ^'^^" ' '
been able to pay his Doctor and Nursing. And praying an allowance.
[Read and]
Resolved That there be and hereby is granted to the Petitioner
William Newman four pounds, sixteen shillings and six pence out
of the public Treasury in full for his Doctoring and Nursing men-
tioned in his Petition, paid to M"" Ebenezer Burrill for the use of
the Petitioner in the discharge of said debts.' \^Passed June 16.
CHAPTER 44.
ORDER DIRECTING DELIVERY OF A COPY OF THE PROVINCE LAWS TO
THE TOWN OF CHESTERFIELD.
Ordered that the Printers be and hereby are directed to deliver Legislative
to the Town of Chesterfield a set of the Province Laws.' {Passed counclr*"'^
June 16. xxvii., 353.
■ Final action not found in the House Journal.
^ Not found in the House Journal.
354
Province Laws {Resolves, etc.). — 1768. [Chaps. 45-47.]
Legislative
Records of the
Council,
xxvii., 355.
House Jour-
nal, pp. 15, 50,
51, 60. Prov-
ince Laws, ii.,
151, chap. 10.
CHAPTER 45.
RESOLVE IMPOWERING ELIZ* BARTLET, ADM^, TO SELL REAL ESTATE.
A Petition of Elizabeth Bartlet Widow and Admin^ of the Estate
of Gershom Bartlet late of Newton in the Province of New Hamp-
shire deceased Intestate setting forth That the deceaseds debts
amount to more than his Personal Estate, in consequence of which
she hath obtained leave from the Judge of Probate in New Hamp-
shire to sell as much of the Keal Estate as will pay the said debts.
That he left only two pieces of Laud one lying in New Hampshire
being his Homestead, which she is unwilling to sell, the other piece
containing about eleven Acres of Pasture lyes partly in New hamp-
shire and partly in the Massachusetts Government, and can be sold
to the least disadvantage. And praying that she may be impowered
to sell the same for the purpose aforesaid.
[Read and]
Resolved That the prayer of this Petition be granted, and that the
Petitioner be and hereby is impowered in her s'' capacity to sell all
the Real Estate within mentioned lying within this Province, and
to make and execute a good deed or deeds to the purchaser or pur-
chasers, she observing the directions given by the Law of this Prov-
ince relating to Exec" and Admin" selling of Real Estate; and
giving caution to the Judge of Probate for the County of Essex
who is liereby impowered and required to receive the same, that the
said proceeds arising by the sale of said Estate may be applied to
the within mentioned purposes. \^Passed J line 17.
CHAPTER 46
Legislative
Records of the
Council,
xxvii., 357.
Mass.
Archives,
Ixxx., 655.
Mass.
Archives,
Ixxx., 6.')5.
House Jour-
nal, pp.33, 3"J.
RESOLVE ALLOWING £6 TO DAV" RANSFORD.
A Petition of David Ransford of Uxbridge setting forth. That
above 56 years ago he served as a Grenadier and was at the taking
of Port Royal, where he suffered many and great hardships. That
some time after a Proclamation was issued allowing each Soldier in
that expedition 500 Acres of Land ; but that the Petitioner living
in Connecticut never obtained said Laud And praying relief.
[Read and]
Resolvd that there be allowd & paid out of the Province Treasury
the Sum of Six pounds to the Petitioner in full Consideration of the
Services mentioud in his petition. \^Passed June 17.
CHAPTER 47.
RESOLVE CONFIRMING THE VOTES OF PROPRIETORS MEETING OF
PEARSONTOWN.
Legislative
Records of the
Council,
xxvii., 357.
House Jour-
nal, pp. 55, 58.
. A Petition of Enoch Freeman and Stephen Longfellow a Com-
mittee of the Proprietors of Pearsontown Setting forth That Ben-
jamin Titcomb of Falmouth was chosen Clerk of the Propriety 19""
March 1765 and thro' inadvertency did not take the Clerks Oath
[LsT Sess.] Piiovinc'k Laws (^Resolves, etc.). — 1708. 355
till 11*^'' August 1707 during which time sundry meetings were held
and matters transacted which were by him recorded, and which they
doubt not was done faithfully. And praying in order to prevent any
disadvantage from such neglect aforesaid, the said Records may be
established upon the Clerks making Oath thereto.
[Read and]
Resolved That the prayer thereof be granted, and that the said
Clerk be allowed to make Oath before a Justice of the peace at the
next Proprietors meeting of Pearsontown that the Votes by him
entered in said Book of Records are faithfully and truly made : and
thereupon the said Votes shall be held as firm, valid and effectual
to all intents and purposes as if the said Clerk had been Sworn
before his entry thereof. \^Passed June 17.
CHAPTER 48.
RESOLVE IMPOWERING SARAH FULLER, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Sarah Fuller of Dedham Admin^ of the Estate of Rf^'^lf^'^^.u
Benj* Fuller late of Dedham deceased Intestate Setting forth That council,
the said deceaseds Personal Estate being found insufficient to pay ^''^^"•' '^^^'
his just debts, she obtained leave of the Superior Court to sell part ^aTm/is^os
of his Real Estate to the amount of Thirty pounds; since which it Province'
appears that the debts amount really to Forty five pounds. That chap^io."' '
relying on said Order of Court she sold ten and three quarters Acres
and 24 Rods of Lands which could not be divided; the amount of
which sale was £52.6.4. And praying that the said Sale may be con-
firmed and she may be impowered to give a good and sufficient deed
of the Land aforesaid.
[Read and]
Resolved That the prayer of this Petition be granted ; and that the
Sale of the Land therein mentioned be, and hereby is confirmed and
the Petitioner impowered in her said capacity to make and execute
a good and sufficient deed or deeds in law to the purchaser or pur-
chasers of the said Lands first giving caution to the Judge of Pro-
bate for the Coiinty of Suffolk that the proceeds of said Sale (over
and above what shall be necessary to pay the just debts due from
said Estate as mentioned in s'' Petition and the further charges of
the Sale) be immediately put to interest, that it may be applied
for the benefit of the Heirs when they shall come of age. [Passed
June 18.
CHAPTER 49.
RESOLVE ALLOWING £10 TO HENRY YOUNG BROWN.
Resolved That the Sum of Ten pounds be allowed and paid out Legislative
of the Province Treasury to Henry Young Brown to enable him to coumlf, ^* ^""^
defend himself against the Action brought against him by the Pro- xxvii., 360.
prietors of the Town of Conway in the Province of New Hampshire h**.^^^ -^^H:.
for the recovery of Lands granted by this Province to the said Henry ; &&. ' Mite, ' '
he the said Henry to be accountable to this Court for the same Money. ^" ^*^' ^^^^' ^^"
[Passed June 20.
356
Province Laws {Resolves, etc.). — 1768. [Chaps. 50, 51.]
CHAPTER 50.
RESOLVE CONFIRMING AN EQUIVALENT TOWNSHIP TO JA^ WARREN,
ESQ8, AND OTHERS.
Re<ford8of the Resolved That the within Plan of a Township of the contents of
Council, seven miles square granted to James Warren Esq'' and Others Agents
^t^HL^ — : for the Proprietors of a Township called Sylvester Canada formerly
Maps ana granted to Cap' Joseph Sylvester and Company; which Township
Plans, Mis.,
j'Vrm'i ^""e^® ^y tli6 l^-te running the Line between this Province and the Prov-
64. Ante,
p. 129, chap. 34.
ince of New Hampshire fell within the bounds of the Government
of New Hampshire, to them and their legal Representatives and
Assigns, and by them laid out on the West side of Androscoggin
River, bounded as follows viz' begining at a place in Androscoggin
River called crooked Repels six Miles (as the River runs) above
Androscoggin great Falls, which is the Easterly corner of Bakers
Town so called, from thence running North 60 degrees West in
the Northeasterly Line of said Bakers Town five Miles and a half
to the Northerly corner thereof: then running North 26 degrees
east by Province Land ten Miles and 180 Rods to a Stake with
Stones about it, then running by Province Land South 60 degrees
East three Miles and 250 Rods to a heap of Stones by said River,
thence running Southerly by said River to the bounds first men-
tioned, be accepted and hereby is confirmed to the said Petitioner
and tlie legal Representatives of the said Joseph Sylvester and Com-
pany their Heirs and Assigns forever, they complying with the fol-
lowing conditions viz' the Grantees within six years settle thirty
Families in said Town, build a House fit for public Worship and
settle a learned Protestant Minister, and lay out one sixty fourth
part of said Town for the use of the first settled Minister &, one
sixty fourth part for the Ministry and one sixty fourth part for a
Grammar School in said Town and one sixty fourth part for the
use of Harvard College in Cambridge. Provided the same doth not
exceed the quantity of seven Miles square (exclusive of three thou-
sand and two hundred Acres allowance for Ponds therein contained)
nor interfere with any former Grant.
Consented to by the Governor upon Condition that there shall be
eighty one Families according to the engagement herewith written.
The Engagement is as follows —
I do in behalf of the Proprietors of this Township engage that
there shall be eighty one settlers, being the proportion of Settlers
agreable to the size of this Township.
Signed James AVarren.
{^Passed June 20.
CHAPTER 51.
ORDER DIRECTING SAMUEL GERRISH, AND OTHERS, TO PRESENT A
NEW PLAN OF THE LAND GRANTED THEM.
Legislative Whereas it appears that there is a mistake in the Plan of a Grant
Council, of a Township to Samuel Gefrish Esq' and Others called Bakers-
xxvn.. 361. town, which Plan has been confirmed by this Court.
[IsT Sess.] Province Laws (Resolves^ etc.). — 17(58. 357
OrderedlLh'dt the Petitioners for said Grant exhibit to this Court """seJour-
a new Phin of said Grant tliat the said mistake may be rectiiied. Ante,\KW,
[Passed June 21. ?s'M;/ra, ciiap.
60.
CHAPTEK 52.
RESOLVE IMPOWERING DAN'- WEBSTER, ADM", TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Daniel Webster of Sheffield Admin'' of the Estate Legislative
of William Eoberts late of Egremont dec<» Setting forth That the L^Zclr* "'''
deceaseds Estate is insolvent. And praying that he may be author- x.wii., 365.
ized & impowered to make sale of the Real Estate of the said de- House Jour-_
ceased toward the payment of his debts. province'"'''"'
[Pead and] chT%"'' ^^^'
Resolved That the prayer of this Petition be so far granted that
the Petitioner be and hereby is impowered in his said capacity to
make Sale of all the Real Estate of the said deceased, saving to the
late Widow of said dec*^ her Right of Dower, and to make and exe-
cute in law a good deed or deeds to the purchaser or purchasers, he
observing the Rules given in Law to Exec''* & Admin" for the Sale
of Real Estates and giving caution to the Judge of Probate for the
County of Berkshire that the proceeds of said Sale may be applied
to the purposes as mentioned in this Petition. [Passed June 21.
CHAPTEK 53.
RESOLVE IMPOWERING RALPH EARL AND MARTHA WARD, EXECUTORS,
WITH HEZEKIAH WARD TO SELL REAL ESTATE.
A Petition of Ralph Earl, and Hezekiah Ward and Martha his Legislative
Wife as the said Ralph & Martha are Exec" of the last Will and ^^^°^*|f, °* "'"
Testament of David Earl late of Liecester in the County of Worces- -xxvii., see.
ter deceased setting forth That the Testator by his last Will im- House Jour-
powered his Executors to sell the whole of his Real Estate if necessary, "e! 67.^^'prov-
but did not impower them to execute deeds of conveyance: and as it i^ce Laws, ii.,
is necessary to sell of the Real Estate to the amount of £135 to pay
debts and Legacies, Praying that they may be impowered to make
sale of so much of said Real Estate as will be sufficient for that pur-
pose, and to execute deeds of the same accordingly.
[Read and]
Resolved That the prayer of this Petition be granted, and that the
Petitioners be and hereby are impowered to sell so much of the Real
Estate of the deceased where it can be best spared as shall amount
to the Sum of One hundred and thirty five ' pounds, and to make
and execute a good deed or deeds of the same in Law to the pur-
chaser or purchasers, observing the rules given in Law to Exec"
and Admin" in the Sale of Real Estate and giving caution to the
Judge of Probate for the County of Worcester that the proceeds of
said Sale may be applied to the purposes withinmentioned. [Passed
JiLtie 21.
' The House Journal, p. 66, reads, £130.
358
Province Laws {Resolves, etc.). — 176.S. [Chaps. 54, 55.]
CHAPTER 54.
RESOLVE IMPOWERING THE JUSTICES OF THE INFERIOR COURT FOR
ESSEX TO RECEIVE AWARD OF REFEREES.
Legislative
Records of the
Council,
xxvii., 368.
Legislative
Records of the
Council,
xxvii., 226.
House Jour-
nal, p. 71.
A Petition of Eichard Kimball and Thomas Poor of Andover Set-
ting forth That they brought an Action against Joshua Follansbe of
Salisbury to the Inferior Court held at Newburyport in 1764 at which
time the said Parties entered into a Rule of Court whereby they
referred the said Action and all demands to the determination of
three Gentlemen, who, after a fair hearing returned their Award
into Court in Sep' 1T65 which was by the Court recommitted to
them who again heard the Parties, and as the Petitioners are in-
formed drew uj) and signed their Award, but before the same was
delivered into Court the said Joshua died. And praying that the
Court from which the Rule issued may be impowered to receive the
said Award, the death of the said Joshua notwithstanding.
[Read and]
Resolved That the prayer of the Petition be granted : and that the
Justices of the Inferior Court of Common pleas next to be holden
at Salem within and for the County of Essex be and hereby are im-
powered to receive and accept the Award of the Referrees mentioned
in said Petition; which Award when accepted by said Court shall be
binding on all Parties concerned to all intents and purposes what-
soever, and said Court is alike impowered to issue Process against
the Administrator of the said Joshua Follansbe for the recovery of
the debt & Costs in the same manner as if Process had originally
issued against him in his said capacity. \_Passed June 22.
CHAPTER 55.
Legislative
Records of the
Council,
xxvii., 371.
House Jour-
nal, pp. 3-1, 72.
Province
Laws, ii., 151,
chap. 10.
RESOLVE IMPOWERING JESSE LUCE, ADM», TO SELL REAL ESTATE.
A Petition of Jesse Luce of Tisbury in Dukes County Admin''
of the Estate of his Father Roland Luce late of said Tisbury de-
ceased Setting forth That the dec**' debts amount to £44.13.10
more than his Personal Estate. And Praying that he may be im-
powered to make sale of so much of the deceased's Real Estate as
to enable him to discharge the said debts and the Charge of Admin-
istration.
[Read and]
Resolved That the prayer of this Petition be granted, and that the
petitioner be and hereby is impowered in his said capacity to make
sale of so much of the Real Estate of the within named Roland de-
ceased as shall be sufficient for the purposes within mentioned, and
to make a good deed or deeds for the conveying the same, he observ-
ing the Rules of the Law relating to the Sale of Real Estate by Ex-
ecutors and Admin" and giving caution to the Judge of Probate for
the County of Dukes County, that the money arising by said Sale
be applied for the purposes aforesaid. \^Passed June 23.
[1st Skss.] Province Laws {Resolves, etc.). — 17()8. 359
CHAPTER 5Q>.
RESOLVE IMPOW^RING W" FALLASS AND DORCAS HARRIS, ADM««, TO
SELL REAL ESTATE.
A Petition of William Fullass of Boston and of Dorcas Harris LcRiBiativc
Admin"''' of the Estate of Samuel Karris late of said Boston deceased K«<"or.i8of the
o • p 1 ml 1 -11 in • T 1 Council,
Intestate betting forth iiiat the said deceaseds Estate is Insol- xxvii.,8f;9.
vent. And inasmuch as the Superior Court will not sit in the County Mass.
of Suffolk until August Praying that this Court would impower them ^ir'jn.^ill;.
to make Sale of the deceaseds Real Estate consisting of a House House Jour-^
and Land on Port Hill, the produce thereof to be applied towards to! ' Province'
payment of the dec"^ debts. chaTi!'io:'^^^'
Whereas it appears that the prayer of this Petition is reasonable
and that the granting thereof may be of great advantage to the
Creditors and all others concerned in the within-mentioned Estate.
Therefore
Resolved That the prayer of this Petition be granted, and that the
Petitioners be and hereby are impowered in their said Capacity to
make sale of all the Real Estate of the said deceased, observing the
rules and directions given in Law to Exec" and Admin" respecting
the sale of Real Estates, and to make and execute a good and legal
deed or deeds to the purchaser or purchasers; they first giving cau-
tion to the Judge of Probate for the County of Suffolk that the
proceeds of said Sale shall be applied to the purposes herein men-
tioned. \^Passed June 24.^
CHAPTER 57.
ORDER ALLOWING £33 TO REV ELI FORBES.
A Petition of Eli Forbes of Brookfield Clerk Praying for pay- Legislative
ment of the Sum stipulated by the Court 13'^ June last for board- counc'if ^'^ ''^^
ing, Cloathing and instructing of three Indian Children from the xxvu., 371.
15^'^ January last to the XT"^ Instant making 22 Weeks at 10/ Archives,
Read and xxxiii., 484.
Ordered that the Petitioner be paid out of S'' Peter Warren's Dona- Mass.
tion the Sum of thirty three pounds in full of His ace" to the 17*^ xxxiiiTflss.
Day of June Instant for his hording, Cloathing, and Instructing ^aX^pp]^""'"'
the three Indian Children mentioned in his Petition. \ Passed ''*■ ' ^"'«' '
June 24. p. 273, chap. 95.
CHAPTER 58.
ORDER ACCEPTING REPORT OF COMMITTEE ON GENERAL ACCOUNT OF
THE PROVINCE TREASURER FROM MAY 27, 1767, TO MAY 25, 1768, AND
DISCHARGING HIM OF £228,984. 4. 6.
The Committee to whom was referred the Examination of the Legislative
Accounts of Harrison Gray Esq'' Treasurer and Receiver General of Records of the
his Majesty's Revenue within the Province of the Massachusetts xxvii?!373.
' This date is according to Mass. Archives ; according to Legislative Records of the
Council the date is June 22.
360
Province Laws {Resolves, etc.). — 17G8. [Chap. o>^.]
Legislative
Records of the
Council,
xxvii., 324.
House Jour-
nal, pp. 30, 73.
Bay in New England begining tlie 27'^ May 1TG7 ending 25 May
17(J8 having attended that Service, upon examining the same find
them right cast and well vouched, by which it appears that tlie s**
Accomptant charges himself with the Sum of Eighty two thousand
five hundred and forty two pounds, eleven shillings and nine pence
being so much due for Taxes as represented by his last Accompts'.
Also with the Sum of Seventy seven thousand, one hundred and
ninety six pounds, fourteen shillings & one penny being the balance
due by his last Accompts. Also with the Sum of Forty tliree thou-
sand, five hundred & eighty five pounds and four pence a Tax laid
on Polls and Estates by virtue of an Act of the General Court passed
in May 17G7. Also with the Sum of One hundred & fifty seven thou-
sand pounds borrowed of sundry persons by virtue of an Act passed
in May last. Also with the Sum of Five thousand six hundred & fifty
pounds one shilling and eleven pence received of the Collectors of
Excise on Spirituous Liquors. Also with the Sum of Seven hundred
and seventy two pounds fourteen shillings received for Excise on
Tea Coffee &c also with the Sum of Nine hundred fifty seven pounds
sixteen shillings and eight pence Monies received for Lands sold,
also witli the Sum of five hundred & ten pounds, nineteen shillings
and six pence received of Andrew Hall being the balance due from
him for the Province Ship. Also with the Sum of One pound eleven
shillings received of Justice Eand for Fines. Also with the Sum of
Twenty four pounds received of Josiah Dwiglit Esq' being the prod-
uce of some Stores belonging to the Province left in his hands. Also
with the Sum of Six pounds four shillings k four pence received
of Roland Cotton Esq"" for monies he received out of the Treasury
for Deborah Bristow which he did not pay to her. Also with the
Sum of Two hundred forty pounds received of the hon**'® Thomas
Hubbard Esq"" being the Profits arising by the Indian Trade. Also
with the Sum of Ten hundred seventy one pounds, sixteen shillings
and seven pence received of the lion**'® James Russell Esq'' Commis-
sioner of Impost Duties. All which Sums amount to Three hundred,
sixty nine thousand, five hundred fifty nine pounds, ten shillings
and two pence.
The Committee further find that the said Accomptant discharges
himself by sundry payments and disbursements by order of the Gov-
ernor and Council amounting to Fifteen thousand. One hundred
forty three pounds, seventeen shillings and eight pence. Also by
Government Securities burnt by a Committee of both Houses amount-
ing to two hundred, thirteen thousand and fifty five pounds, eigh-
teen shillings and five pence. Also by Arrearages due from Moses
Smith a defective Constable of Newbury for 17G1, One hundred
thirty two pounds six shillings and eight pence, which Sum is added
to Newbury & Newbury Port Tax last year. Also by Arrearages due
from a defective Constable of Chelsea for the year 1749 Seventy one
pounds nineteen shillings and one penny which is added to Chelsea
Tax last year. Also by remittance of Taxes due from the Town of
AVinchendon by order of the General Court One hundred and Sixty
seven pounds, three shillings & four pence. Also by remittance of
old Arrearages due from the Town of Palmer by order of the Gen-
eral Court One hundred seventy four pounds, sixteen shillings. Also
by a remittance of the Tax laid upon Dorchester Canada Two hun-
dred twenty four pounds, sixteen shillings & eight pence, which Sum
is to be laid on several Towns in the County of Worcester. Also by
a remittance of a Tax due from Concord by order of Court Thirteen
[1st Sess.] Province Laws {Resolves, etc.). — 1768. 361
pounds, six shillings and eight pence. Also by Taxes still outstand-
ing amounting to Eighty seven thousand three hundred and four
pounds, seven shillings and six pence. And by balance in hand
further to account for Fifty three thousand two hundred and sev-
enty pounds, eighteen shillings and two pence. All which Sums
amount to Three hundred sixty nine thousand five hundred fifty
nine pounds, ten shillings & two pence.
[Read aiul]
Ordered That the Treasurer and Receiver General be and hereby
is discharged of the several Sums mentioned in his Account amount-
ing to two hundred twenty eight thousand nine hundred and eighty
four pounds, four shillings and six pence. And that he be further
accountable for the Sum of Eighty seven thousand three hundred
& four pounds, seven shillings and six pence represented as out-
standing Taxes, when received into the Treasury: And the Sum of
Fifty three thousand two hundred & seventy pounds eighteen shil-
lings and two pence being the balance of account remaining in his
hands. \^Passed June 24.
CHAPTEE 59.
ORDER DIRECTING THE TRUSTEES TO PAY £15 TO SAM^ OMPANY AND
WIFE, INDIANS.
A Petition of Samuel Ompany and Zerviah his Wife both of Tis- Legislative
bury in Dukes County Setting forth That some time since this councif/*"^^
Court impowered them to make sale of sundry Tracts of Land in xxvii.,376.
Natick and to employ ten pounds part of the money it should pro- Archives,
duce in building them a House; the remainder to be put out to xxxm., 473. —
interest for their benefit. That they have employed the Ten pounds Archives,
beforementioned in manner as afores*^ but that it is very insutficient xxxiii.,472.
for the purpose. And praying that they may be impowered to draw nai^plsr."^
out a further Sum to enable them to finish and compleat the said f^l^^'X^^^'
House.
[Read and]
Ordered that the Trustees mentiond in this Petition be & hereby
are directed to pay to the Petitioners the Sum of fifteen pounds for
the purpose mentiond & to take Care that it be applyd for that
Use & no other.' [Passed June 25.
CHAPTER 60.
RESOLVE CONFIRMING ALL MEETINGS OF THE INHABITANTS OF ANY
TOWN, DISTRICT, OR PRECINCT IN THIS PROVINCE.
Whereas the Selectmen, Committees and other officers in divers Legislative
Towns, Districts and Precincts within this Province heretofore ap- counctf °* '^'^^
pointed to manage the prudential afEairs and to call their Meetings xxvij., 376.
have acted in their respective ojfices for those purposes, not having House Jour,
previously taken the Oath relative to the Bills of Credit on the °^'' ^" '"*
neighbouring Governments, whereby doubts may possibly arise touch-
ing the legality of the proceedings had in consequence of such their
* Final action not found in the House Journal.
362
Province Laws (^Resolves, etc.). — 1768. [Chaps. IJl , G2.]
acts, and the legality of the Town, District & Precinct Meetings by
them called. Therefore to the end that all such doubts may be removed.
Resolved That all Meetings of the Inhabitants of any Town, Dis-
trict and Precinct within this Province heretofore called and held
by any such Selectmen or Committees, and all matters transacted
in any such Meetings shall, if otherwise legal, be and hereby are
ratijfied and confirmed, any omission of taking the Oath aforesaid
notwithstanding. \^Fassed June 25.
CHAPTER 61.
RESOLVE GRANTING FURTHER TIME FOR CONFIRMATION OF A GRANT
BY HIS MAJESTY.
T^eglslative
Records of the
Oouucil,
xxvii., 378.
House Jour-
nal, pp. 74,77.
Province
Laws, xvii.,
171, chap. 401.
Ante, p. 199,
chap. 185.
A Petition of Enoch Bartlet and Samuel Downe Agents for six
Townships in the Territory of Sagadehoc lately granted by the Gen-
eral Court to James Duncan Praying that they may be indulged with
a further time for obtaining his Majesty's allowance of said Grant,
which their Agent in England hath not yet been able to procure.
[Read and]
Resolved That the prayer of this Petition be granted ; and that the
Grantees of the six Townships East of Penobscot River granted by
the General Court in March 1702 to David Marsh and Others be
allowed the further time of eighteen Months from August next to
obtain his Majesty's approbation. \^Passed June 27.
CHAPTEE 62.
ORDER AXLOWING £8. 18 TO SELAH WRIGHT.
Legislative
Records of the
Council,
xxvii., 379.
House Jour-
nal, pp. 45, 49,
79, 80.
A Petition of Selah Wright a Deputy Sheriff for the County of
Hampshire Setting forth That he was at great pains and expence
in Searching after & apprehending one Nathan Bigelow charged
with uttering counterfeit Money, and that having apprehended the
said Nathan, he committed him to his Majesty's Goal in Springfield,
but before the sitting of the Superior Court he made his escape, and
thereupon the Court of Sessions apprehend they are not by Law im-
powered to order payment of the charge he has been at on this occa-
sion. And Praying Relief.
Read and
Ordered That the Sum of Eight pounds, eighteen shillings be
allowed and paid out of the Province Treasury to the Petitioner in
full discharge of his Account of time and expence for himself and
assistance in apprehending and committing the said Nathan Bige-
low. [^Passed June 27.
[1st Sess.] Province Laws {Resolves^ etc.). — 1768.
:}63
CHAPTEK 6:3
RESOLVE ALLOWING DAV" BEAN AND OTHERS FURTHER TIME FOR
CONFIRMATION OF A GRANT OF LAND BY HIS MAJESTY.
A Petition of David Bean and Others Grantees of a certain
Township lying in the Territory of Sagadahoc granted by the (Gen-
eral Court in the year 17G2. Praying that they may be indulged with
a further time for obtaining his Majesty's Allowance of said Grant,
without which they are in danger of losing the benefit of the same.
[Read and]
Resolved, That the Prayer of this Petition be granted and that
the Grantees of the Township lying in the Territory of Sagadahock
granted by the general Court in March 1762 to David Bean & others
be allowed the further Time of Eighteen months from this Day to
obtain his Majesties Approbation. [Passed June 28.
Legislative
l{c(H)nl8 of the
Council,
xxvii., ;i«0.
Mass.
Archives,
cxviii., ;i4'2.
Mass.
Archives,
cxviii., 34L
Legislative
Records of the
Council, xxvi.,
240. House
Journal, p. 61
(June, 1766);
p. 82. Prov-
ince Laws,
xvii., 169, chap.
399.
CHAPTEK 64.
RESOLVES ESTABLISHING THE GARRISONS AT CASTLE WILL^' & FORT
POWNALL.
Resolved, That there be an Establishment for fifty Men Officers Legislative
included, for the Defence of Castle William, and that their Wages, counctf, °^ **""
be fixed at the following Rates to continue for one Year from the xxvii., ssi.
twentieth Day of June current. Viz' Archives,
ixxx., 660.
For one Captain,
One Lieutenant
One Chaplain
One Gunner
One second Gunner
One Armourer
Two Serjeants
Six Quarter Gunners,
Four Corporals
One Drummer
Thirty one Privates
per Annum .
per Ditto .
per Do
per Ditto .
per Ditto .
per Month .
per Ditto, each
per Ditto, each
per Ditto, each
per Ditto
per Ditto, each
£56.
3.
10
House Jour-
28.
11.
5
nal, pp. 77, 80,
33.
6.
8
81, 82.
45.
6.
8
33.
6.
8
2.
4.
6
12.
12.
9.
4
9.
4
4.
Also, Resolved, That the Establishment for Fort Pownall at Penob-
scot for one year from the twentieth of June Current, be as follows,
Viz'
or one Lieutenant per Month .
£3. 0.
One Interpreter per Ditto
3. 0.
One Gunner per Ditto .
2. 5.
An Armourer per Ditto
1. 10.
One Serjeant per Ditto .
1. 10.
Twenty Privates, per Ditto, each
1. 4.
One Chaplain per Ditto .
4.
l^Passed June 28.
364
Province IjAws {Resolves, etc.). — 1768. [Chaps. 65-67.]
CHAPTER 65.
Legislative
Records of the
Council,
xxvii., 383.
Mass.
Archives, civ.,
551.
House Jour-
nal, p. 87.
Province
Laws, iv., S80,
chap. 3.
RESOLVE DIRECTING THE PROVINCE TREASURER TO NOTIFY POS-
SESSORS OF GOVERNMENT SECURITIES OF THEIR REDEMPTION.
Resolv\l that the Treasurer give Notice to the possessors of the
Governm' Securities payable the 20*^ of this Month, that they bring
them in to be redeem'd on or before the 20"" Day of July next, as
no Interest will be allow'd on them afterwards. And that the Treas-
urer be Directed to pay no Interest on any such Notes beyond that
Day, Money being now Ready in the Treasury to Discharge the
Notes that have become due. \^Passed June 20.
CHAPTER 66.
RESOLVE DEDUCTING £12. 13. 5i FROM THE PROVINCE TAX OF DEER-
FIELD AND ADDING SAME TO DISTRICT OF CONWAY.
Legislative
Records of the
Council,
xxvii., 384.
House Jour-
nal, pp. .t4, 58,
81,84. Prov-
ince Laws, iv.,
955, chap. 4;
v., 5, chaj). 1.
Ante, p. 350,
chap. 38.
Whereas the District of Conway in the County of Hampshire
was incorporated after the Province Tax for the last year was
granted, in which incorporating Act, it was enacted That the said
District of Conway should pay their proportion of all Town, County
and Province Taxes already set on or granted to be raised, as if that
Act had not been made, and in all future Taxes should pay alike
proportion as they paid in the Province and County Taxes on the
Town of Deerfield in the year 17(J7 and that it should be deducted
from Deerfield Tax. And whereas a doubt arose about tlie assessing
the said Conways proportion, it was by the Assessors of Deerfield
and the Assessors of Conway for the said year 1707 agreed that the
said Conways proportion of the Province Tax for the said year 1767
was twelve pounds 13/5"^/^, and that it was by the said Assessors
agreed to Petition the General Court at their last Session that the
said Sum might be deducted from Deerfield Tax & laid on the said
Conway, but by reason of the Nonattendance of the Representative
of the Town of Deerfield the same Petition was not preferred. And
whereas the said Sum is not assessed and cannot now be assessed
either on the Inhabitants of Deerfield or Conway.
Resolved That the Sum of Twelve pounds, thirteen shillings and
five pence two farthings be taken from the Province Tax laid on
the Town of Deerfield for the year 1767 and that the s"^ Sum be
added to the next Province Tax which may or shall be laid on the
said Conway. [Passed June 29.
CHAPTER 67.
RESOLVE ALLOWING ACCOUNT OF THE COMMISSARY GENERAL OF THE
INDIAN TRADE.
Legislative
Records of the
Council,
xxvii., 385.
Mass.
Archives, cxx.,
646.
The Commissary General having presented his Accounts rela-
tive to the Indian Trade, and the same having been previously
examined by the Committees of the two Houses respectively, the
following Order passed thereon viz*
[1st Sess.] Province Laws {Resolves, etc.). — 1768. 1365
Resolved that the foregoing Account be allowed, and that the LoKiBiative
Hon"'*^ Thomas Hubbard Esq' Commissary General be, and hereby {^^unclf,"^''''^
is further accountable to this Province for the balance being Two fj^yg^'j^-^
Thousand four hundred & Eighty nine Pounds, fourteen shillings, nai, p. 82.
& eight pence. \^Passed June 29.
CHAPTER 68.
RESOLVE ALLOWING ACCOUNT OF THE COMMISSARY GENERAL OF
PROVISIONS.
The Commissary General having laid before the Court his Legislative
Account of Provisions paid for, and of Provisions delivered, and councif,*'*''^^
the same having been previously examined by Committee's of the xxvii., 385.
two Houses respectively, the following Order passed thereon viz*' House Jour-
Resolved that the foregoing Account be allowed ; and that the SMpra.'ch'ap.'
Commissary General be & hereby is further accountable to the ''"•
Province for thirteen barrels Pork and seven & half barrels Peas.
\^Passed June 29.
CHAPTER 69.
RESOLVE ALLOWING ACCOUNT CURRENT OF THE COMMISSARY GEN-
ERAL.
The Commissary General having laid before the Court his Legislative
Account current with the Province, and the same having been councif ''^ ^^'^
previously examined by Committee's of the two Houses respec- xxvii., 386.
tively, the following Order passed thereon. House Jour.
Resolved That tlie foregoing Account be allowed; the balance stpra.^ctiap.
thereof being Fifteen pounds, eleven shillings and one penny due *'*•
to the Accomptant from the Province be allowed him. {^Passed
June 29.
CHAPTER 70.
RESOLVE IMPOWERING PETER GLOVER, ADM», TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Peter Glover Admin'' of the Estate of Benjamin Legislative
Glover late of Salem deceased Setting forth That the said deceaseds councif ^^^^^
debts amount to £29.17.2 more than the Personal Estate. That the xxvii., 386.
deceaseds Eeal Estate consisting of one half of an House is of the House Jour
value of One hundred pounds. And as the said Estate will not ad- provm'c^*'^^'
mit of a Division; Praying that he may be impowered to sell the ^ifj^^jj'* ^^^'
same; he to be accountable.
[Read and]
Resolved That the prayer of the within named Petitioner be granted,
and that the Petitioner in his said capacity be and hereby is author-
ized and impowered to make sale of the one half the House men-
tioned in this Petition for the most the same will fetch, and to
execute a good deed in the Law to the purchaser or purchasers for
the same, he observing the directions of the Law relating to the
366
•Province Laws {Resolves, etc.). — 1768. [Chaps. 71-73.]
Sale of Real Estate by Executors and Admin" and giving sufficient
caution to the Judge of Probate for the County of Essex that the
proceeds arising by said Sale be applied to the payment of the debt
due from the Estate of the said deceased agreable to the prayer of
the Petitioner and the overplus, if any there shall be, to be paid
to the Heirs or their legal Representatives according to their sev-
eral proportions in the Estate aforesaid. [^Passed June 29.
CHAPTER 71.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLE-
SEX COUNTY.
Legislative
Records of the
Council,
xxvil., 387.
House Jour-
nal, pp. 10, 79,
84, 85.
The following Order passed on the Account of James Russell
Esq"" Treasurer of the County of Middlesex, which was laid before
the Court for allowance viz'
Resolved That the within Account, being right cast and well
vouched, bo allowed, and that the Treasurer be discharged of the
Sum of Three hundred and thirteen pounds, sixteen shillings and
six pence half penny which he has paid by order of the Court
of Sessions, and that there is due from the said Treasurer to the
County the Sum of Sixty seven pounds, five shillings and ten pence
three farthings for which the said Treasurer is further accountable.
\^Passed June 29.
CHAPTER 72
Legislative
Records of the
Council,
xxvii., 387.
House Jour-
nal, p. 86.
VOTE APPOINTING A COMMITTEE TO BURN GOVERNMENT SECURITIES.
In the House of Representatives.
Voted That M' Speaker, Cap' Sheaife and M' Hall be a Committee
with such as the hon"'*' Board shall join to repair to the Province
Treasury in the recess of the Court and take an Account of the
Government Securities that are or may be redeemed, and to see
that they are all consumed to Ashes.
In Council, Read & Concurred, and Royall Tyler & James Pitts
Esq" are joined. \^Passed June 29.
CHAPTER 73.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK
COUNTY.
Legislative
Records of the
Council,
xxvii., 388.
House Jour-
nal, pp. 10,79,
87.
The FOLLOWING Order passed on the Account of Joshua Hen-
shaw Esq' Treasurer of the County of Suffolk, which was laid before
the Court for allowance viz'
Resolved That the within Account, being right cast and well
vouched be allowed, and that the Treasurer be discharged of the
Sum of Fourteen hundred and thirty three pounds & four pence
three farthings which he has paid by order of the Court of Sessions,
and there is due to the said Treasurer from the Countv the Sum
[1st SevSS.] Province Lawh {Itenolves, etc.). — 176b. 367
of Forty eight pounds, sixteen shillings and ten pence, and that
there is outstanding in Taxes yet unpaid the Hum ot' Eighteen hun-
dred and seventy six pounds, three shillings and 4''Vi for which the
said Treasurer is further accountable when he shall receive the same.
[Passed June SO.
CHAPTER 74.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF BARN-
STABLE COUNTY.
The following Order passed on the Account of Solomon Otis Legislative
Treasurer of the County of Barnstable which was laid before the couucif,"
Court for allowance viz' ^-^^"•' ^^^-
Resolved That the within Account being right cast and well ^a°i"p^;^io"79,
vouched be accepted: and that the Treasurer be discharged of the 95.'
Sum of One hundred and sixty four pounds twelve shillings and
five pence half penny which he has paid by order of the Court of
General Sessions, and that he be further accountable for a balance
of One hundred and forty one pounds, ten shillings and nine pence
half penny still remaining due to the County when he shall receive
the same. [Passed June SO.
CHAPTER 75.
RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF LINCOLN
COUNTY,
The Account of Samuel Denny Treasurer of the County of Lin- Legislative
coin was laid before the Court for allowance whereupon the follow- council,
ing Order passed the Court viz' xxvn., 389.
Resolved That the within Account being right cast and well nall^pp.'^iol^TO,
vouched be allowed, and that the Treasurer be discharged of the 85. '
Sum of Three hundred and six pounds, fourteen shillings and
seven pence three farthings which he has paid by order of the
Court of Sessions, and that there is due to said Treasurer the Sum
of Fifty four pounds, thirteen shillings and eleven pence three far- '
things, and that there is outstanding in Taxes yet unpaid the Sum
of Nineteen pounds, six shillings and two pence, for which the said
Treasurer is further accountable, when he shall receive the same.
[Passed June SO.
Note. — The General Court for the political year 1768/69 held no further session, Gov-
ernor Bernard by his Proclamation, dated July 1, 1768, having dissolved it.
RESOLVES, ORDERS, VOTES,
ETC.
Passed 1769-70.
[369]
LEGISLATIVE LIST'
FOR
1769-70.
His Excellency FRANCIS BERNARD,
Captain-Genekal and Governor-in-chiep, etc.
The Honorable THOMAS HUTCHINSON, Esq., Lieutenant
Governor,
Captain-General and Governor-in-chief, etc. [from August 1, 1769].
THOMAS FLUCKER, Esq.,
SECRETAKY 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 ;
Samuel Danforth
Isaac Royall
John Erving
William Brattle
James Bowdoin'
Thomas Hubbard
Harrison Gray
James Russell
Royall Tyler
James Pitts
Samuel Dexter
Benjamin Greenleaf
Joseph Hawley
• Esqrs Artemas Ward''
Thomas Sanders, Jr.,"
Joseph Gerrish "
John Hancock'
Joshua Henshaw"
■ Esqrs.
Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly
called the Colony of Neio Plimouth;
Gamaliel Bradford |^ Jerathmeel Bowers'
James Otis'
Esqrs.
Esqrs.
William Sever
Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly
called the Province of Maine ;
John Hill, Nathaniel Sparhawk & John Bradbury, Esqrs.
Of the Inhabita7its of or Proprietors of Lands within the Territory lying
hetioeen the River of Sagadahock £ Nova Scotia;
Jeremiah Powell, Esq.
1 See Legislative Records of the Council, xxviii., 1-8.
^ Rejected by the Governor. See Legislative Records of the Council, xxviii., 8.
[371]
372 PkovixNCE IjAVf^ {Resolves, etc.). — 1769-70. [Representatives.]
For the Province, at large : —
Benjamin Lincoln & Walter Spooner,' Esqrs.
REPRESENTATIVES OR DEPUTIES.
May 31, 1769 to AjjrU 26, 1770.
Mr. THOMAS GUSHING, Speaker.'
County of Suffolk.
County of Essex — Concluded.
Boston, . .
Roxbury,
Dorchester,
Milton, .
Braintree,
Weymouth,
Ilingham,
Dedham,
Medjield,
Wretitham,
Brookline,
Ncedham,
Stottghton &
Stoughton-
ham,
Medway,
Walpole,
James Otis, Esq.,
Thomas Gushing, Esq.,
Mr. Samuel Adams,
John Hancock, Esq.
Joseph Williams, Esq.
Mr. Samuel Howe.
Mr. Benjamin Wadsworth.
Ebenezer Thayer, Jr., Esq.
James Humphrey, Esq.
Mr. Joshua Hersey.
Mr. Nathaniel Sumner.
Mr. Moses Bulling.
Mr. Jabez Fisher.
. Mr. Ebenezer Davis.
. Gapt. Eleazer Kingsberry.
Mr. Ilezekiah Gay.
Gapt. Jonathan Adams.
Gapt. Seth Kingsberry.
County of Essex.
Salem,
Danvers,
Ipswich,
Newbury, .
Newbury Port.
Marblehead,
Lynn, .
Andover,
Beverly,
Rowley, .
Salisbtiry,
Haverhill,
Gapt. Richard Derby, Jr.
Mr. John Pickering. Jr.
Dr. Samuel Holten.
Gapt. Michael Farley.
Joseph Gerrish, Esq.
Mr. Jonathan Greenleaf.
Joshua Orne, Esq.,
John Gallison, Esq.
Mr. Ebenezer Burrill.
Samuel Phillips, Esq.
Gapt. Henry Herrick.
Humphrey Hobson, Esq.
Caleb Gushing Esq.
Mr. Samuel Bachellor.
Olocester,
Topsfield,
Boxfoi'd,
Almsbury,
Bradford,
. Thomas Sanders, Jr. Esq.
. Gapt. Samuel Smith.
. Aaron Wood, Esq.
. Mr. Isaac Merrill.
. Benjamin Mulliken, Esq.
County of Middlesex.
Cambridge,
Charlestow7i,
Waterlow7i,
Woburn, .
Concord, .
Newton, .
Reading, .
Marlborough,
Billerica,
Framingham.
Lexington,
Chelmsford,
Sherburne,
Sudbury, .
Maiden, .
Weston,
Medford, .
Littleton, .
Eopkviton,
Westford, .
Waltham, .
Stow, .
Oroton,
Shirley &
Pepperrell,
Toivnshend &
Ashby,
Holliston, .
. Mr. Thomas Gardner.
. Edward Sheaffe, Esq.
. Mr. John Remington.
. Mr. Oliver Richardson.
. Gapt. .lames Barrett.
. Gapt. Abraham Fuller.
. Mr. Samuel Bancroft.
. Mr. Samuel Witt.
. William Sticknej-, Esq.
. Joseph Buckminster,
Esq.
. William Reed, Esq.
. Mr. Simeon Spaulding.
. Mr. Jonathan Russell.
. John Nojes, Esq.
. Gapt. Ebenezer Ham-
den.
. Mr. Abraham Bigelow.
. Stephen Hall, Esq.
. Capt. Joseph Harwood.
. Capt. Joseph Mellen.
. Gapt. Jonas Prescott.
. Gapt. Jonas Dix.
. Henry Gardner, Esq.
James Prescott, Esq.
Mr. Amos Whitney.
Mr. Joshua Hemenwav.
• Rejected by the Governor. See Legislative Records of the Council, xxviii., 8.
■•i April 18, 1770, James Warren, Esq., was elected Speaker pro tempore in the place of Thomas Gush-
ing, Esq., who was sick. — House Journal, p. 167.
[Representatives.] Province Laws (IlesolveSy etc.). — 17(59-70. 373
County
Sj)ri7igjield &
Wilbrdhdm,
Northaut'ptoii &
Soiithaynpton,
Hadley,
South Hadley
& Amherst,^
Hatfield, .
OK llAMrSlIIKK.
Mr. .Jonathan Hlis.s,
Major Benjamin Day.
Joseph Ilawley, Esq.
Simeon Strong, Esq.,
Mr. Elisha Porter.
Hon. Israel Williams,
Esq.
Capt. John Mosely.
Westjield, .
Deerjield,
Greenfield,
Hhelburne,
Conway,
Sunderland &
Montague,
Brimfield, n
South Brimfield >Mr. Timothy Danielson.
& Monson, )
Elijah Williams, Esq.
Mr. William Billino:.
County
Plymouth, .
Scituate,
Duxborough,^ .
Marshfield,
Bridgwater,
Middleborough,
Rochester, .
Plympton, .
Kingston, .
Abington, .
OF Plymouth.
James Warren, Esq.
Mr. Gideon Vinal.
Capt. John Wadsworth.
Capt. Anthony Thomas.
Capt. Edward Mitchell.
Capt. Benjamin Wliite.
Mr. Samuel Sprague.
Capt. John Bradford.
William Sever, Esq.
Capt. Woodbridge
Brown.
County of Barnstable.
Barnstable,
Sandwich, .
Yarmouth, .
Eastham &
Wellfteet,
Harwich, .
Falmouth,
Chatham,
. Hon. James Otis, Esq.
. Mr. Stephen Nye.
. David Thacher, Esq.
Mr. Thomas Paine,
Elisha Doane, Esq.
. Chillingsworth Foster,
Esq.
. Capt. Joseph Robinson.
. Mr. Joseph Doane.
County' of Bristol.
Taunton, . . ..James Williams, Esq.,
Daniel Leonard, Esq.
Behoboth, . . . Cajit. James Clay.
' The House Journal,
^ The House Journal,
County of
Swanzey with
Shawainet,
Dartmouth, .
Norton,
Attleborough,
Dighton, .
Freetown,
Raynham,
Bristol — Concluded.
^ Jerathmeel Bowers, Esq.
. Mr. W^alter Spooner.
. Dr. George Wheten.
. Mr. John Daggett.
. Col. Elnathan Walker.
. Mr. Thomas Durfee.
. Zephaniah Leonard, Esq.
York, .
Kittery, .
Wells, . .
Berwick, .
Biddeford <
Fepperrell-
borongh,
Chilmark,
County of York.
. . Thomas Bragdon, Esq.
. James Go wen, Esq.
. John Wheelwright, Esq.
. . Benjamin Chadburne,
Esq.
5
Jeremiah Hill, Esq.
Dukes County.
. Mr. Jonathan Allen.
In the County of Nantucket.
Sherburne, . . Mr. Stephen Hussey.
County of Worcester.
Worcester, . . Mr. Joshua Bigelow.
. Capt. Asa Whitcomb.
. Mr. Edward Rawson.
. Jedediah Foster, Esq.
? Edward Davis, Esq.
. Capt. Heniy King.
[ Mr. Thomas Denny.
Lancaster,
Mendon,
Brookfield,
Oxford &
Charlton,
Sutton, . . .
Leicester & Spe?i-
cer & Faxton,
Rutland, Rut-
land District,
Oakham &
Hubbardston,
Southborough,
Westborough tfc
Northborough,
Shreiosbury, .
Lunenburgh &
Fitchburgh,
Uxbridge, .
Harvard, .
]
John Murray, Esq.
Timothy Brigham, Esq.
Capt. Stephen Mayuard.
Artemas Ward, Esq.
Edward Hartwell, Esq.
Capt. Ezekiel Wood.
Israel Taylor, Esq.
4, adds, " Granby."
4, reads, " Duxbury.''
374 Province Laws {Besolves, etc.). — 1769-70. [Representatives.]
County ok Worcester — Concluded.
Bolton, .... John Whitcomb, Esq.
Sturbridge. . . Moses Marcy, Esq.
Hardwick, . . ■ Hon. Timothy Ruggles.
Orafton, . . . Mr. Ei^hraim Sherman.
Petersham, . . Mr. Theophilus Chand-
ler.
County of Cumberland.
Falmouth and ^ t i t ■ t. i t t^
^,. , , > Jedediah Preble, Esq.
Cape Ehzabeth, )
County of Cumberland — Concluded.
Scarborough, . Mr. John Stewart.
Oorham,
. Solomon Lombard, Esq.
County of Berkshire.
Sheffield, Great n
ansac-
tions of the said town, in the said Meetings are looked upon as
illegal, and disputes in the Law have arisen, and more are like to
arise, unless prevented by the Aid of this Court. And praying that
the several Meetings of the said Town since the Incorporation, may
be confirmed by an Act of this Court.
Read and
Resolved that the prayer of this Petition be granted, & that all
the Votes & transactions of the said town of Ashfield in their sev-
eral Town Meetings since their Incorporation, unto this time be
and hereby are ratified and confirmed; any Omission or Neglect of
making due & proper Returns on the several Warrants for calling
the same Meetings or any of them notwithstanding. \^Passed July 5.
[1st Sess.] Province JjAwb {Resolves, etc.). — 1769-70. 381
CHAPTER 13.
RESOLVE IMPOWERING JON^ CAPEN, GUARDIAN, TO SELL REAL ESTATE.
A Petition of Jonathan Capen, Guardian to the Puncapang Legislative
Indians Setting fortli Tliat the Debts of the said Indians amount coum'u, "* ^''^
to Seventy seven pounds, thirteen shillings & nine pence half penny, xxviu., 40.
which have arose for their necessary support, & Maintenance. And Archives,
inasmuch as their Creditors, are in great want of their just dues, ^^^"'•' ^'''- —
and the Petitioner has no personal Estate, in his Hands to discharge Archives,
the same. Praying that he may be enabled to sell so much of the xxxiii., 4!io-494.
said Indian's Land as shall be sufficient for that purpose. Reconts'of the
[Read and] ^[%_
/^eso/ye<^ that Jonathan Capen Guardian to the Punkapog Indians House Jour-
be & lierby is impowered to Make Sale of so much of the Lands pVoviince
belonging To the Punkapog Indians as shall amount to 77.13.0,2 Jifap^o!' ^■'^'
and the Expence of making Such Sale And to make & Execute a ^«<e, p. 246,
good Deed or Deeds therof In the Law s^ Guardian observing the *^ *^'
Directions of the Law respecting the Sale of real Estates and To be
accountable to this Court for his Doings Therin. [Passed July 6.
CHAPTEE 14.
RESOLVE ALLOWING £13. 6. 8 TO THE HEIRS OF ABIJAH STRETTON.
A Petition of Elizabeth Stratton of Natick Setting forth. That J/egisiative
■ * xiiGcords or 1116
her late Husband Abijah Stratton deceased in his life time viz' in council,
January 1768 preferred a Petition to this Court shewing. That Sarah Mals""'^''
Wompsquon an Aged Indian Woman and lame came to his House Archives,
in the Winter and a Storm ensuing he was obliged to keep her, as — — '- —
is more particularly mentioned in said Petition; and that as no Archives,
determination was then come into by the Court for the support of Leff/siative'
said Sarah, he was obliged to continue to keep her until his own Records of the
ill Health rendered it difficult for him to do it any longer. That the xxviLJiss.
time of her being with him from first to last is sixty six Weeks which na "pp'sTsi.
at 4/ ^ Week amounts to £13.4/ And Praying for a reimbursment
of the said Sum.
[Read and]
Eesolvd that the Sum of Thirteen pounds Six shillings & Eight
pence be allowd & paid out of the publick Treasury to Elizabeth
Stretton or her order for the Use & Benifit of the Heirs of Abijah
Stretton of Natick dec*^ in full for his keeping & taking Care of
Sarah Wampsquam an aged Indian Woman Sixty Six weeks pur-
suant to the Account in said Petition. [Passed July 6.
382
Province Laws (Resolves, etc.). — 1769-70. [Chaps. 15, 16.]
CHAPTER 15.
RESOLVE WITH NOTICE AND STAY OF EXECUTION ON THE PETITION
OF JON'^ GROUT AND OTHERS IN REGARD TO A RE-TRIAL OF AN
ACTION.
Legislative
Records of the
Council,
xxviii., 45.
House Jour-
nal, pp. 48, 55.
A Petition of Jonathan Grout, Silence Grout & Priscilla Grout
all of Worcester in the County of Worcester Children and Heirs of
Jonathan Grout late of Worcester aforesaid Yeoman deceased set-
ting forth That Kichard Heard of Sudbury in the County of Mid-
dlesex commenced an Action against their mother Hannah Grout
as Administratrix of the Estate of their said Father the said Jona-
than Grout at the Inferior Court held at Cambridge for the County
of Middlesex in May last for a supposed breach of Covenant on a
Deed & Conveyance of some Lands given him by their said Father
so long ago as the year 1744. That the said Hannah being so much
under the influence of the said Richard Heard (her Brother) as not
to inform them of the said Action, but suffered herself to be de-
faulted and Judgment to be had against their said Fathers Estate
in her hands for One hundred pounds damages. That the Petitioners
apprehend if a fair Trial may be allowed, they shall be able to make
it appear there never was any breach of the Covenants in said Deed
or any foundation for the said Action, and that there is nothing
due to the said Richard in Law nor equity. And praying (as the
loss will be wholly the Petitioners) that the Execution of the Judg-
ment aforesaid may be staid, and that they may be allowed in the
name of the said Hannah Grout, and at their own Expence a hear-
ing and Trial in the Law of the said Cause.
[Read and]
Resolved That the foregoing Petitioners notify the adverse party
of the foregoing Petition by leaving an attested Copy thereof with
him, that he shew cause, if any he has, the second Thursday of the
next Session of the General Court why the prayer thereof should
not be granted, and that the Execution above mentioned be stayed
in the mean time. [Passed July 8.
CHAPTER 16.
Legislative
Records of the
Council,
xxviii., 4S.
Maps and
Plaus, Mis.,
xiv., 8.
House Jour-
nal, pp. 39, 44.
Ante, p. 3'23,
chap. 209.
RESOLVE confirming A PLAN OF X^ GRANT OF LAND MADE TO M«
EBEN» HARTSHORN TRANSFERRED TO CAP^ MOSES LITTLE.
A Plan and description of part of sixteen hundred Acres of Land
granted to M' Ebenezer Hartshorn (which Grant he has since sold
to Cap' Moses Little of Newbury and by him laid out in the County
of Cumberland between New Gloucester and the Pejepscot Claim
and Bakers Town so called) was laid before the Court and is bounded
as followeth Begining at a Beach Tree standing on the Easterly
Line of said Bakers Town distant four Miles S.W. from the great
Falls or twenty mile Falls so called in Androscoggin River being
the S.W. corner bound of the said Pejepscot Claim; then runiug
from said Beach Tree 470 Rods S.W. on the East line of said Bakers
Town to a Fir Tree standing on New Gloucester Line which is
marked M. L from thence S.E. by S. upon New Gloucester Line
[1st Sess.] Province Laws {Resolves, e^c). — 1769-70. 383
1,340 Rods 'till it intersects the Pejepscot Line at a Pine tree
marked M. L from thence running upon the Pejepscot curved
Line pun-ulol to Androscoggin River and four Miles distant there-
from on a 8. W. course to the lieacli Tree first ahovementioned, and
contains 1,343 Acres, exclusive of 150 Acres of Morass or Bog.
Dated Novem"" 0"' 1708 Signed <^ John Brown Jun'' Surveyor.
Whereupon the following Order passed viz'
Resolved that the within Plan of fourteen hundred & ninety three
Acres Of land Delineated and Discribed as it is Set forth therein;
also another Strip of Land Containing about forty five Acres being
the whole of the Province land lying in a Gore between New Gloces-
ter & the Pejepscutt Curved line as may also appear by the within
Plan; be accepted & hereby is Confirmed unto Capt" Moses Little
(a Grantee of Ebeuezer Hartshorn), to him the said Moses Little
his Heirs'& assigns forever in lieu of, and in full Satisfaction for
the Grant made by the General Court the 2'' day of March A.D.
1768, of Sixteen hundred Acres of land to the said Ebenezer Harts-
horn for his Services Sufferings & purchases in his petition men-
tioned; Provided that both said pieces of land do not Exceed the
Quantity of Sixteen hundred Acres (Exclusive of One hundred &
fifty Acres of Morass or Bogs,) nor interfere with any former grant.
\^Passecl July 11.
CHAPTER 17.
RESOLVE ALLOWING £14. 12. 1 TO REV. STEPHEN BADGER.
A Memorial of Stephen Badger of ISTatick Clerk, Praying that Legislative
he may be reimbursed the Sum of £14,12.1 Avhich he expended for councif,^ *^^
the support of Sarah Wampsquon and Thankful Eiggins and her Mals"''*^'
Child Indians of Natick, they being destitute of the necessaries of Archives, xiv.,
life. And that provision may be made for the future support of the
said Indians and such others as may be under the like circumstances. Archives, xiv.,
[Read and] joum^?^^^
Resolvd that the Sum of fourteen pounds twelve Shillings & one pp. 32, 50.
peny be allowd & paid out of the publick Treasury to the Revd M' ^hap'.ii^'^^'
Stephen Badger in full Discharge of his Account of Disburstment
for Sarah Wampsquam & Thankful Eiggins & her Child to this day.
And that for the future the Selectmen of Natick & overseers of the
poor in said Town be & hereby are required to take due Care of the
Support of Sarah Wampsquam untill this Court shall come into some
suitable measures for the support of all poor & indigent Indians
within this Province. \^Passed July 11.
CHAPTER 18.
RESOLVE IMPOWERING HENRY WRIGHTINGTON, ADM^ TO SELL REAL
ESTATE.
A Petition of Henry Wrightington Admin' of the Estate of Legislative
Samuel Jenne late of Darthmouth in the County of Bristol de- councu^ °* ^'^^
ceased setting forth That the deceaseds debts amount to £91.13.10 xxviii., so.
more than his Personal Estate. And as the Superior Court for the ho"^^"^"^!:
^ nal, pp.55,65.
384
Province Laws {Besolves, etc.). — 1769-70. [Chaps. 19, 20.]
Province
Laws, 11., 151,
chap. 10.
said County will not sit 'till October next and the Creditors are in
want of their Money Praying that he may be impowered to make
Sale of so much of the Real Estate of the said deceased as to enable
him to discharge the said debts and the Interest thereon.
[Read and]
Resolved That the prayer of this Petition be granted, and that
the Petitioner be and hereby is impowered to make sale of so much
of the said deceaseds Real Estate as will fetch the sum of Ninety
seven pounds (where it can be best spared and least prejudicial to
the remainder) and to make and execute a good Deed or Deeds in
Law of the same to the purchaser; He observing the Rules and
directions of the Law for the Sale of Real Estates by Executors and
Admin", and giving caution to the Judge of Probate for the County
of Bristol that the Money arising by said Sale be applied for the
purposes mentioned in this Petition. [Passed July 11.
CHAPTER 19.
Legislative
Records of the
Council,
xxvlii., 50.
House Jour-
nal, pp. 55, 65.
Province
Laws, ii., 151,
chap. 10.
RESOLVE IMPOWERING JOB JENNE, ADM^, TO SELL REAL ESTATE.
A Petition of Job Jenne of Dartmouth in the County of Bristol
Admin"' de bonis non of the Estate of Silvanus Tobey late of said
Dartmouth deceased Setting forth That the deceased debts amount
to £90.3.31/4 more than his Personal Estate. And praying that he
may be impowered to make sale of the whole of the said deceaseds
Real Estate consisting of about twenty five Acres of Land in said
Dartmouth to enable him to discharge the said debts.
[Read and]
Resolved That the prayer of this Petition be granted, and that the
Petitioner be and hereby is impowered to make Sale of the Real
Estate of the said deceased for the most it will fetch, and to make
and execute a good Deed or Deeds in Law of the same; he observ-
ing the Rules of the Law for the Sale of Real Estates by Executors
& admin", and giving caution to the Judge of Probate for the County
of Bristol that the Money arising by said Sale be applied for the
purposes mentioned in this Petition. [Passed July 11.
CHAPTER 20.
ORDER DIRECTING THE SELECTMEN OF BOSTON TO BUILD A HEAD
WHARF OR SEA WALL AT THE PROVINCE HOSPITAL AT WEST
BOSTON.
Legislative
Records of the
Council,
xxviii., 51.
Mass.
Archives,
Ixxxvii., 375.
Mass.
Archives,
Ixxxvii., 374.
House Jour-
nal, pp. &3, 65.
Ante, p. 252,
chap. 57.
A Memorial of the Selectmen of the Town of Boston Setting
forth That the Hospital at the West part of the said Town belong-
ing to the Province and placed under the care of the memorialists
is out of Repair and in danger of being washed away by the Sea,
unless a piece of head Wharf e is erected. And praying the directions
of this Court respecting the same.
Read &
Ordered that the Selectmen of the Town of Boston be & hereby
are Directed, to Errect & build ahead wharf or Sea wall of Stone
[1st Sess.] Province IjAW^ {Resolves, etc.). — 17B*»-7(). 385
against the Salt watter at the Province hospitall at west Boston and
Sucli other Small repares as may be thought needfull for Sccureing
and preserving tlic Said hospitall. and lay thire Acounts of Disbiirst-
ments and Expences before this Court as Soon as may be for their
approbation. \^Fassed July 11.
CHAPTER 21.
RESOLVE ALLOWING £60 AND A FURTHER SUM OF £16. 5. 4 TO ROW
BALLS.
A Petition of Robert Balls Keeper of the Lighthouse in the Legislative
Harbour of Boston Setting forth, That on the 19^'' day of Novem^ coundr* ^''^
last he compleated the thirty fifth year of his Service in that station xxviii., 51.
for the last of which he hath as yet received no compensation. And House .Jour-
praying an allowance tiierefor, and also a reimbursment of the sum ° '^P' •
of £16.5.4 which he advanced for thirty Cords of Wood for the
benefit of the Light.
[Read and]
Resolved That there be allowed and paid out of the public Treas-
ury to Robert Balls Keeper of the Lighthouse in the Harbour of
Boston the Sum of Sixty pounds for his Services for one year end-
ing the 19''' day of November 1768 and the further Sum of Sixteen
pounds five shillings and four pence for thirty Cord of Wood ex-
pended at said Light House. \^Passed July 11.
CHAPTER 22.
RESOLVE IMPOWERING MARY MERICK, ADM^, TO SELL REAL ESTATE
AND MAKING PROVISION IN REGARD TO THE PROCEEDS.
A Petition of Mary Merick of Concord in the County of Middle- r®^*®^^"'^! .u
sex Widow of Tilly Merick late of said Concord deceased setting council,
forth That the said deceased died possessed of four Rights of Land ^^^'"•' ^^'
in a Township granted by the General Court called Number five, ^j^^^p "^2*9^64
subject to certain Conditions of Settlement That the deceased left Province '
four small Children which will require no small charge to bring up. chlip^ 10 •' xviV,
And praying that she may be impowered in her capacity of Admin""^, 243, chap. 50.
to make sale of part of the said Lands to enable her to bring for-
ward the settlement of the remainder and to maintain her said four
Children.
[Read and]
Resolved that the prayer of this Petition be so far granted as that
the Petitioner be and she hereby is fully authorized and impowered
to make sale of fifty Acres out of each Right mentioned in the Peti-
tion for the most the same will fetch, and to execute a good Deed
or Deeds in the Law of the same; she observing the directions of
the Law for the sale of Real Estates by Executors and Administra-
tors, and giving caution to the Judge of Probate for the County of
Middlesex that the Monies arising by the said Sale be applied to the
purposes mentioned in the Petition. \^Passed July 11.
386
Province Laws {Resolves, etc.). — 1769-70. [Chaps. 23-25.]
CHAPTER 23.
RESOLVE ALLOWING £22. 7. 9^ TO THE COM™^ FOR VIEWING THE
county" OF BARNSTABLE.
Legislative
Records ot the
Council,
xxviii., 52.
House Jour-
nal, p. 28 (1768).
An Account was presented by Edward Sheaffe Esq'' and M' Walter
Spooner a Committee appointed by the House of Representatives in
June last to view the County of Barnstable amounting to the Sum
of £22. 7. 91/^ being for their time and expences in that service.
[Read and]
Resolved that the foregoing Account being well vouched be
allowed, and that the Sum of Twenty two pounds, seven shillings
and nine pence half penny be allowed and paid out of the public
Treasury to Edward Shealfe Esq"" and M' Walter Spooner in pro-
portion to their several Accounts as above exhibited.' \^Passed
July 11.
CHAPTER 24.
RESOLVE ALLOWING FURTHER TIME TO THE HEIRS OF FELEG WIS-
WALL TO LAY OUT A TRACT OF LAND.
Legislative
Records ot the
Council,
xxviii., 62.
House Jour-
nal, pp. 39, 50,
51. Ante,
p. 244, chap. 38;
p. 382, chap. 16.
A Petition of Daniel Wiswall and John Wiswall Sons of Peleg
Wiswall late of Boston Gentleman deceased Setting forth That
their said Father having conveyed to them by Deed all his Right
and Title to five hundred Acres of Land granted to him by the Gen-
eral Court in June 1765 they have caused the same to be laid out
between New Gloucester and the Pejepscot Claim, according to the
Plan exhibited. And praying the confirmation of this Court.
Whereas a Grant was made by the General Court to Peleg Wis-
wall and a Plan returned to this Session: and whereas said Plan was
laid out on Land laid out before to Ebenezer Hartshorn Therefore
Resolved that twelve Months further be allowed to the Heirs of
Peleg Wiswall aforesaid to lay out the Grant aforesaid and return
a plan of the same under the hand of a Surveyor and Chainmen
under Oath for the acceptance of this Court. [^Passed July 11.
CHAPTER 25.
RESOLVE CONFIRMING A GRANT OF A TOWNSHIP TO JOSIAH RICHARD-
SON AND OTHERS.
Legislative
Records of the
Council,
xxviii., 53.
Maps and
Plans, Mis.,
XXXV., 9.
House Jour-
nal, pp. 41, 61,
62. Ante,
p. 344, chap. 26.
A Plan of a Township of the contents of six Miles and three
quarters square granted to Josiah Richardson and others the O^*"
day of June 1768 was laid before the Court: whereupon the follow-
ing Order passed viz'
Resolved that the within Plan of a Township of the Contents of
Six miles and three Quarters Square, Granted to Josiah Richardson
and others mentioned in their petition whose Ancestors were in the
Expedition against Canada in 1690 bounded as follows Viz' begin-
ning at a heap of Stones, one mile and a Quarter Northward of
* Final action not found in the House Journal.
[IST Sess.] l^oviNCE Laws {Resolves, etc.). — 1769-70. 387
Androscoggin River thence running South 20 Degrees East, Cross-
ing said River by a Whitewood Tree, near the mouth of a brook,
known ])y the name of Ilacket's brook four miles and a half, thence
north 70 Degrees East nine miles, thence north 20' Degrees ' West
four miles & an half Crossing said River, thence west 2 Jya^"^ South
four miles; thence west 35 Dcg^ South five miles cSt One hundred &
twenty rods, to the Corner first mentioned ; be accepted and hereby
is Confirmed unto the aforesaid Petitioners their heirs & assigns for-
ever, they complying with the following Conditions Viz' the Grantees
within Six years Settle Seventy nine families in said Township,
build a house fit for Pub 
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